Debates on the impost and tonnage bills.
Mr. Madison having consented to subjoin the amendment proposed by Mr. Fitzsimmons to the original resolution, it was received by the committee; but in proceeding to fill up the blanks with the sum taxable on each article, it was soon perceived that gentlemen had viewed the subject in very different lights. The tax on many articles was believed to press more heavily on some states than on others; and apprehensions were expressed that, in the form of protecting duties, the industry of one part of the union would be encouraged by premiums charged on the labour of another part. On the discrimination between the duty on the tonnage of foreign and American bottoms, a great degree of sensibility was discovered. The citizens of the United States not owning a sufficient number of vessels to export all the produce of the country, it was said that the increased tonnage on foreign bottoms operated as a tax on agriculture, and a premium to navigation. This discrimination, it was therefore contended, ought to be very small.
In answer to these arguments, Mr. Madison said, "If it is expedient for America to have vessels employed in commerce at all, it will be proper that she have enough to answer all the purposes intended; to form a school for seamen; to lay the foundation of a navy: and to be able to support itself against the interference of foreigners. I do not think there is much weight in the observations that the duty we are about to lay in favour of American vessels is a burden on the community, and particularly oppressive to some parts. But if there were, it may be a burden of that kind which will ultimately save us from one that is greater.
"I consider an acquisition of maritime strength essential to this country; should we ever be so unfortunate as to be engaged in war, what but this can defend our towns and cities upon the sea coast? Or what but this can enable us to repel an invading enemy? Those parts which are said to bear an undue proportion of the burden of the additional duty on foreign shipping, are those which will be most exposed to the operations of a predatory war, and will require the greatest exertions of the union in their defence. If therefore some little sacrifice be made by them to obtain this important object, they will be peculiarly rewarded for it in the hour of danger. Granting a preference to our own navigation will insensibly bring it forward to that perfection so essential to American safety; and though it may produce some little inequality at first, it will soon ascertain its level, and become uniform throughout the union."
But no part of the system was discussed with more animation than that which proposed to make discriminations in favour of those nations with whom the United States had formed commercial treaties. In the debate on this subject, opinions and feelings with respect to foreign powers were disclosed, which, strengthening with circumstances, afterwards agitated the whole American continent.
While the resolutions on which the bills were to be framed were under debate, Mr. Benson rose to inquire on what principle the proposed discriminations between foreign nations was founded? "It was certainly proper," he said, "to comply with existing treaties. But those treaties stipulated no such preference. Congress then was at liberty to consult the interests of the United States. If those interests would be promoted by the measure, he should be willing to adopt it, but he wished its policy to be shown."
The resolutions, as reported, were supported by Mr. Madison, Mr. Baldwin, Mr. Fitzsimmons, Mr. Clymer, Mr. Page, and Mr. Jackson.
They relied much upon the public sentiment which had, they said, been unequivocally expressed through the several state legislatures and otherwise, against placing foreign nations generally, on a footing with the allies of the United States. So strong was this sentiment, that to its operation the existing constitution was principally to be ascribed. They thought it important to prove to those nations who had declined forming commercial treaties with them, that the United States possessed and would exercise the power of retaliating any regulations unfavourable to their trade, and they insisted strongly on the advantages of America in a war of commercial regulation, should this measure produce one.
The disposition France had lately shown to relax with regard to the United States, the rigid policy by which her counsels had generally been guided, ought to be cultivated. The evidence of this disposition was an edict by which American built ships purchased by French subjects became naturalized. There was reason to believe that the person charged with the affairs of the United States at that court, had made some favourable impressions, which the conduct of the American government ought not to efface.
With great earnestness it was urged, that from artificial or adventitious causes, the commerce between the United States and Great Britain had exceeded its natural boundary. It was wise to give such political advantages to other nations as would enable them to acquire their due share of the direct trade. It was also wise to impart some benefits to nations that had formed commercial treaties with the United States, and thereby to impress on those powers which had hitherto neglected to form such treaties, the idea that some advantages were to be gained by a reciprocity of friendship.
That France had claims on the gratitude of the American people which ought not to be overlooked, was an additional argument in favour of the principle for which they contended.
The discrimination was opposed by Mr. Benson, Mr. Lawrence, Mr. Wadsworth, and Mr. Sherman.
They did not admit that the public sentiment had been unequivocally expressed; nor did they admit that such benefits had flowed from commercial treaties as to justify a sacrifice of interest to obtain them. There was a commercial treaty with France; but neither that treaty, nor the favours shown to that nation, had produced any correspondent advantages. The license to sell ships could not be of this description, since it was well known that the merchants of the United States did not own vessels enough for the transportation of the produce of the country, and only two, as was believed, had been sold since the license had been granted. The trade with Great Britain, viewed in all its parts, was upon a footing as beneficial to the United States as that with France.
That the latter power had claims upon the gratitude of America was admitted, but that these claims would justify premiums for the encouragement of French commerce and navigation, to be drawn from the pockets of the American people, was not conceded. The state of the revenue, it was said, would not admit of these experiments.
The observation founded on the extensiveness of the trade between the United States and Great Britain was answered by saying, that this was not a subject proper for legislative interposition. It was one of which the merchants were the best judges. They would consult their interest as individuals; and this was a case in which the interest of the nation and of individuals was the same.
At length, the bills passed the house of representatives, and were carried to the senate, where they were amended by expunging the discrimination made in favour of the tonnage and distilled spirits of those nations which had formed commercial treaties with the United States.
These amendments were disagreed to; and each house insisting on its opinion, a conference took place, after which the point was reluctantly yielded by the house of representatives. The proceedings of the senate being at that time conducted with closed doors, the course of reasoning on which this important principle was rejected can not be stated.
This debate on the impost and tonnage bills was succeeded by one on a subject which was believed to involve principles of still greater interest.
On the President's power of removal from office.
In organizing the departments of the executive, the question in what manner the high officers who filled them should be removeable, came on to be discussed. Believing that the decision of this question would materially influence the character of the new government, the members supported their respective opinions with a degree of earnestness proportioned to the importance they attributed to the measure. In a committee of the whole house on the bill "to establish an executive department to be denominated the[42]department of foreign affairs," Mr. White moved to strike out the clause which declared the secretary to be removeable by the President. The power of removal, where no express provision existed, was, he said, in the nature of things, incidental to that of appointment. And as the senate was, by the constitution, associated with the President in making appointments, that body must, in the same degree, participate in the power of removing from office.
Mr. White was supported by Mr. Smith of South Carolina, Mr. Page, Mr. Stone, and Mr. Jackson.
Those gentlemen contended that the clause was either unnecessary or improper. If the constitution gave the power to the President, a repetition of the grant in an act of congress was nugatory: if the constitution did not give it, the attempt to confer it by law was improper. If it belonged conjointly to the President and senate, the house of representatives should not attempt to abridge the constitutional prerogative of the other branch of the legislature. However this might be, they were clearly of opinion that it was not placed in the President alone. In the power over all the executive officers which the bill proposed to confer upon the President, the most alarming dangers to liberty were perceived. It was in the nature of monarchical prerogative, and would convert them into the mere tools and creatures of his will. A dependence so servile on one individual, would deter men of high and honourable minds from engaging in the public service; and if, contrary to expectation, such men should be brought into office, they would be reduced to the necessity of sacrificing every principle of independence to the will of the chief magistrate, or of exposing themselves to the disgrace of being removed from office, and that too at a time when it might be no longer in their power to engage in other pursuits.
Gentlemen they feared were too much dazzled with the splendour of the virtues which adorned the actual President, to be able to look into futurity. But the framers of the constitution had not confined their views to the person who would most probably first fill the presidential chair. The house of representatives ought to follow their example, and to contemplate this power in the hands of an ambitious man, who might apply it to dangerous purposes; who might from caprice remove the most worthy men from office.
Federal Hall
View of the Old City or Federal Hall, New York, in 1789On the balcony of this building, the site of which is now occupied by the United States Sub-Treasury, at the corner of Broad and Wall Streets, George Washington took the oath of office as First President of the United States, April 30, 1789. In the near distance, at the intersection of Wall and Broadway, may be seen the original Trinity Church structure which was completed in 1697. It was replaced by the present edifice in 1846. President Washington, who was an Episcopalian, did not attend Trinity, but maintained a pew in St. Paul's Chapel, Broadway and Vesey Street, which remains as it was when he worshipped there.
View of the Old City or Federal Hall, New York, in 1789
On the balcony of this building, the site of which is now occupied by the United States Sub-Treasury, at the corner of Broad and Wall Streets, George Washington took the oath of office as First President of the United States, April 30, 1789. In the near distance, at the intersection of Wall and Broadway, may be seen the original Trinity Church structure which was completed in 1697. It was replaced by the present edifice in 1846. President Washington, who was an Episcopalian, did not attend Trinity, but maintained a pew in St. Paul's Chapel, Broadway and Vesey Street, which remains as it was when he worshipped there.
By the friends of the original bill, the amendment was opposed with arguments of great force drawn from the constitution and from general convenience. On several parts of the constitution, and especially on that which vests the executive power in the President, they relied confidently to support the position, that, in conformity with that instrument, the power in question could reside only with the chief magistrate: no power, it was said, could be more completely executive in its nature than that of removal from office.
But if it was a case on which the constitution was silent, the clearest principles of political expediency required that neither branch of the legislature should participate in it.
The danger that a President could ever be found who would remove good men from office, was treated as imaginary. It was not by the splendour attached to the character of the present chief magistrate alone that this opinion was to be defended. It was founded on the structure of the office. The man in whose favour a majority of the people of this continent would unite, had probability at least in favour of his principles; in addition to which, the public odium that would inevitably attach to such conduct, would be an effectual security against it.
After an ardent discussion which consumed several days, the committee divided: and the amendment was negatived by a majority of thirty-four to twenty. The opinion thus expressed by the house of representatives did not explicitly convey their sense of the constitution. Indeed the express grant of the power to the President, rather implied a right in the legislature to give or withhold it at their discretion. To obviate any misunderstanding of the principle on which the question had been 'decided, Mr. Benson moved in the house, when the report of the committee of the whole was taken up, to amend the second clause in the bill so as clearly to imply the power of removal to be solely in the President. He gave notice that if he should succeed in this, he would move to strike out the words which had been the subject of debate. If those words continued, he said the power of removal by the President might hereafter appear to be exercised by virtue of a legislative grant only, and consequently be subjected to legislative instability; when he was well satisfied in his own mind, that it was by fair construction, fixed in the constitution. The motion was seconded by Mr. Madison, and both amendments were adopted. As the bill passed into a law, it has ever been considered as a full expression of the sense of the legislature on this important part of the American constitution.
On the policy of the secretary of the treasury reporting plans for the management of the revenue.
The bill to establish the treasury department, contained a clause making it the duty of the secretary "to digest and report plans for the improvement and management of the revenue, and for the support of public credit."
Mr. Page moved to strike out these words, observing, that to permit the secretary to go further than to prepare estimates would be a dangerous innovation on the constitutional privilege of that house. It would create an undue influence within those walls, because members might be led by the deference commonly paid to men of abilities, who gave an opinion in a case they have thoroughly considered, to support the plan of the minister even against their own judgment. Nor would the mischief stop there. A precedent would be established which might be extended until ministers of the government should be admitted on that floor, to explain and support the plans they had digested and reported, thereby laying a foundation for an aristocracy, or a detestable monarchy.
Mr. Tucker seconded the motion of Mr. Page, and observed, that the authority contained in the bill to prepare and report plans would create an interference of the executive with the legislative powers, and would abridge the particular privilege of that house to originate all bills for raising a revenue. How could the business originate in that house, if it was reported to them by the minister of finance? All the information that could be required might be called for without adopting a clause that might undermine the authority of the house, and the security of the people. The constitution has pointed out the proper method of communication between the executive and legislative departments. It is made the duty of the President to give from time to time information to congress of the state of the union, and to recommend to their consideration such measures as he shall judge necessary and expedient. If revenue plans are to be prepared and reported to congress, he is the proper person to perform this service. He is responsible to the people for what he recommends, and will be more cautious than any other person to whom a less degree of responsibility was attached.
He hoped the house was not already weary of executing and sustaining the powers vested in them by the constitution; and yet the adoption of this clause would argue that they thought themselves less adequate than an individual, to determine what burdens their constituents were able to bear. This was not answering the high expectation that had been formed of their exertions for the general good, or of their vigilance in guarding their own and the people's rights.
The arguments of Mr. Page and Mr. Tucker were enforced and enlarged by Mr. Livermore and Mr. Gerry. The latter gentleman said, "that he had no objection to obtaining information, but he could not help observing the great degree of importance gentlemen were giving to this and the other executive officers. If the doctrine of having prime and great ministers of state was once well established, he did not doubt but he should soon see them distinguished by a green or red ribbon, insignia of court favour and patronage."
It was contended that the plans of the secretary, being digested, would be received entire. Members would be informed that each part was necessary to the whole, and that nothing could be touched without injuring the system. Establish this doctrine, and congress would become a useless burden.
The amendment was opposed by Mr. Benson, Mr. Goodhue, Mr. Ames, Mr. Sedgewick, Mr. Boudinot, Mr. Lawrence, Mr. Madison, Mr. Stone, Mr. Sherman, and Mr. Baldwin. It was insisted that to prepare and report plans for the improvement of the revenue, and support of public credit, constituted the most important service which could be rendered by the officer who should be placed at the head of the department of finance. When the circumstances under which the members of that house were assembled, and the various objects for which they were convened were considered, it was no imputation upon them to suppose that they might receive useful information from a person whose peculiar duty it was to direct his attention to systems of finance, and who would be in some measure selected on account of his fitness for that object. It was denied that the privileges of the house would be infringed by the measure. The plans of the secretary could not be termed bills, nor would they even be reported in that form. They would only constitute information which would be valuable, and which could not be received in a more eligible mode. "Certainly," said Mr. Goodhue, "we carry our dignity to the extreme, when we refuse to receive information from any but ourselves."
"If we consider the present situation of our finances," said Mr. Ames, "owing to a variety of causes, we shall no doubt perceive a great though unavoidable confusion throughout the whole scene. It presents to the imagination a deep, dark, and dreary chaos, impossible to be reduced to order, unless the mind of the architect be clear and capacious, and his power commensurate to the object. He must not be the flitting creature of the day; he must have time given him competent to the successful exercise of his authority. It is with the intention of letting a little sunshine into the business, that the present arrangement is proposed."
It was not admitted that the plans of the secretary would possess an influence to which their intrinsic value would not give them a just claim. There would always be sufficient intelligence in that house to detect, and independence to expose any oppressive or injurious scheme which might be prepared for them. Nor would a plan openly and officially reported possess more influence on the mind of any member, than if given privately at the secretary's office.
Mr. Madison said, the words of the bill were precisely those used by the former congress on two occasions. The same power had been annexed to the office of superintendent of the finances; and he had never heard that any inconvenience had been experienced from the regulation. Perhaps if the power had been more fully and more frequently exercised, it might have contributed more to the public good. "There is," continued this gentleman, "a small probability, though it is but small, that an officer may derive weight from this circumstance, and have some degree of influence upon the deliberations of the legislature. But compare the danger likely to result from this cause, with the danger and inconvenience of not having well formed and digested plans, and we shall find infinitely more to apprehend from the latter. Inconsistent, unproductive, and expensive schemes, will produce greater injury to our constituents, than is to be apprehended from any undue influence which the well digested plans of a well informed officer can have. From a bad administration of the government, more detriment will arise than from any other source. Want of information has occasioned much inconvenience, and many unnecessary burdens in some of the state governments. Let it be our care to avoid those rocks and shoals in our political voyage which have injured, and nearly proved fatal to many of our contemporary navigators."
The amendment was rejected.
On the style by which the president should be addressed.
Among the interesting points which were settled in the first congress, was the question by what style the President and Vice President should be addressed. Mr. Benson, from the committee appointed to confer with a committee of the senate on this subject reported, "that it is not proper to annex any style or title to the respective styles or titles of office expressed in the constitution;" and this report was, without opposition, agreed to in the house of representatives. In the senate, the report was disapproved, and a resolution passed requesting the house of representatives to appoint another committee, again to confer with one from the senate, on the same subject. This message being taken up in the house of representatives, a resolution was moved by Mr. Parker, seconded by Mr. Page, declaring that it would be improper to accede to the request of the senate. Several members were in favour of this motion; but others who were opposed to receding from the ground already taken, seemed inclined to appoint a committee as a measure properly respectful to the other branch of the legislature.
After a warm debate, the resolution proposed by Mr. Parker was set aside by the previous question, and a committee of conference was appointed. They could not agree upon a report, in consequence of which the subject was permitted to rest; and the senate, conforming to the precedent given by the house of representatives, addressed the President in their answer to his speech by the terms used in the constitution.
While the representatives were preparing bills for organizing the great executive departments, the senate was occupied with digesting the system of a national judiciary. This complex and extensive subject was taken up in the commencement of the session, and was completed towards its close.
Amendment to the constitution proposed by congress and ratified by the states.
In the course of this session Mr. Madison brought forward a proposition for recommending to the consideration and adoption of the states, several new articles to be added to the constitution.
Many of those objections to it which had been urged with all the vehemence of conviction, and which, in the opinion of some of its advocates, were entitled to serious consideration, were believed by the most intelligent to derive their sole support from erroneous construction of the instrument. Others were upon points on which the objectors might be gratified without injury to the system. To conciliate the affections of their brethren to the government, was an object greatly desired by its friends. Disposed to respect, what they deemed, the errors of their opponents, where that respect could be manifested without a sacrifice of essential principles, they were anxious to annex to the constitution those explanations and barriers against the possible encroachments of rulers on the liberties of the people, which had been loudly demanded, however unfounded, in their judgments, might be the fears by which those demands were suggested. These dispositions were perhaps, in some measure, stimulated to exertion by motives of the soundest policy. The formidable minorities in several of the conventions, which in the legislatures of some powerful states had become majorities, and the refusal of two states to complete the union, were admonitions not to be disregarded, of the necessity of removing jealousies, however misplaced, which operated on so large a portion of society. Among the most zealous friends of the constitution therefore, were found some of the first and warmest advocates for amendments.
To meet the various ideas expressed by the several conventions; to select from the mass of alterations which they had proposed those which might be adopted without stripping the government of its necessary powers; to condense them into a form and compass which would be acceptable to persons disposed to indulge the caprice, and to adopt the language of their particular states; were labours not easily to be accomplished. But the greatest difficulty to be surmounted was, the disposition to make those alterations which would enfeeble, and materially injure, the future operations of the government. At length, ten articles in addition to and amendment of the constitution, were assented to by two-thirds of both houses of congress, and proposed to the legislatures of the several states. Although the necessity of these amendments had been urged by the enemies of the constitution, and denied by its friends, they encountered scarcely any other opposition in the state legislatures, than was given by the leaders of the anti-federal party. Admitting the articles to be good and necessary, it was contended that they were not sufficient for the security of liberty; and the apprehension was avowed that their adoption would quiet the fears of the people, and check the pursuit of those radical alterations which would afford a safe and adequate protection to their rights. They were at length ratified by the legislatures of three-fourths of the states, and probably contributed, in some degree, to diminish the jealousies which had been imbibed against the constitution.
Appointment of the officers of the cabinet, council and of the judges.
The government being completely organized, and a system of revenue established, the important duty of filling the offices which had been created, remained to be performed. In the execution of this delicate trust, the purest virtue and the most impartial judgment were exercised in selecting the best talents, and the greatest weight of character, which the United States could furnish. The unmingled patriotism of the motives by which the President was actuated, would receive its clearest demonstration from a view of all his private letters on this subject: and the success of his endeavours is attested by the abilities and reputation which he drew into the public service.
At the head of the department of foreign affairs, since denominated the department of state, he placed Mr. Jefferson.
This gentleman had been bred to the bar, and at an early period of life, had acquired considerable reputation for extensive attainments in the science of politics. He had been a distinguished member of the second congress, and had been offered a diplomatic appointment, which he had declined. Withdrawing from the administration of continental affairs, he had been elected governor of Virginia, which office he filled for two years. He afterwards again represented his native state in the councils of the union, and in the year 1784, was appointed to succeed Dr. Franklin at the court of Versailles. In that station, he had acquitted himself much to the public satisfaction. His Notes on Virginia, which were read with applause, were believed to evince the soundness of his political opinions; and the Declaration of Independence was universally ascribed to his pen. He had long been placed by America amongst the most eminent of her citizens, and had long been classed by the President with those who were most capable of serving the nation. Having lately obtained permission to return for a short time to the United States, he was, while on his passage, nominated to this important office; and, on his arrival in Virginia, found a letter from the President, giving him the option of becoming the secretary of foreign affairs, or of retaining his station at the court of Versailles. He appears rather to have inclined to continue in his foreign appointment; and, in changing his situation, to have consulted the wishes of the first magistrate more than the preference of his own mind.
The task of restoring public credit, of drawing order and arrangement from the chaotic confusion in which the finances of America were involved, and of devising means which should render the revenue productive, and commensurate with the demand, in a manner least burdensome to the people, was justly classed among the most arduous of the duties which devolved on the new government. In discharging it, much aid was expected from the head of the treasury. This important, and, at that time, intricate department, was assigned to Colonel Hamilton.
This gentleman was a native of the island of St. Croix, and, at a very early period of life, had been placed by his friends, in New York. Possessing an ardent temper, he caught fire from the concussions of the moment, and, with all the enthusiasm of youth, engaged first his pen, and afterwards his sword, in the stern contest between the American colonies and their parent state. Among the first troops raised by New York was a corps of artillery, in which he was appointed a captain. Soon after the war was transferred to the Hudson, his superior endowments recommended him to the attention of the Commander-in-chief, into whose family, before completing his twenty-first year, he was invited to enter. Equally brave and intelligent, he continued, in this situation, to display a degree of firmness and capacity which commanded the confidence and esteem of his general, and of the principal officers in the army.
After the capitulation at Yorktown, the war languished throughout the American continent, and the probability that its termination was approaching daily increased.
The critical circumstances of the existing government rendered the events of the civil, more interesting than those of the military department; and Colonel Hamilton accepted a seat in the congress of the United States. In all the important acts of the day, he performed a conspicuous part; and was greatly distinguished among those distinguished men whom the crisis had attracted to the councils of their country. He had afterwards been active in promoting those measures which led to the convention at Philadelphia, of which he was a member, and had greatly contributed to the adoption of the constitution by the state of New York. In the pre-eminent part he had performed, both in the military and civil transactions of his country, he had acquired a great degree of well merited fame; and the frankness of his manners, the openness of his temper, the warmth of his feelings, and the sincerity of his heart, had secured him many valuable friends.
To talents equally splendid and useful, he united a patient industry, not always the companion of genius, which fitted him, in a peculiar manner, for subduing the difficulties to be encountered by the man who should be placed at the head of the American finances.
The department of war was already filled by General Knox, and he was again nominated to it.
Throughout the contest of the revolution, this officer had continued at the head of the American artillery, and from being the colonel of a regiment, had been promoted to the rank of a major general. In this important station, he had preserved a high military character; and, on the resignation of General Lincoln, had been appointed secretary of war. To his past services, and to unquestionable integrity, he was admitted to unite a sound understanding; and the public judgment, as well as that of the chief magistrate, pronounced him in all respects competent to the station he filled.
The office of attorney general was filled by Mr. Edmund Randolph. To a distinguished reputation in the line of his profession, this gentleman added a considerable degree of political eminence. After having been for several years the attorney general of Virginia, he had been elected its governor. While in this office, he was chosen a member of the convention which framed the constitution, and was also elected to that which was called by the state for its adoption or rejection. After having served at the head of the executive the term permitted by the constitution of the state, he entered into its legislature, where he preserved a great share of influence.
Such was the first cabinet council of the President. In its composition, public opinion as well as intrinsic worth had been consulted, and a high degree of character had been combined with real talent.
In the selection of persons for high judicial offices, the President was guided by the same principles. At the head of this department he placed Mr. John Jay.
From the commencement of the revolution, this gentleman had filled a large space in the public mind. Remaining, without intermission, in the service of his country, he had passed through a succession of high offices, and, in all of them, had merited the approbation of his fellow citizens. To his pen, while in congress, America was indebted for some of those masterly addresses which reflected most honour upon the government; and to his firmness and penetration, was to be ascribed, in no inconsiderable degree, the happy issue of those intricate negotiations, which were conducted, towards the close of the war, at Madrid, and at Paris. On returning to the United States, he had been appointed secretary of foreign affairs, in which station he had conducted himself with his accustomed ability. A sound judgment improved by extensive reading and great knowledge of public affairs, unyielding firmness, and inflexible integrity, were qualities of which Mr. Jay had given frequent and signal proofs. Although for some years withdrawn from that profession to which he was bred, the acquisitions of his early life had not been lost; and the subjects on which his mind had been exercised, were not entirely foreign from those which would, in the first instance, employ the courts in which he was to preside.
John Rutledge of South Carolina, James Wilson of Pennsylvania, William Cushing of Massachusetts, Robert Harrison of Maryland, and John Blair of Virginia were nominated as associate justices. Some of these gentlemen had filled the highest law offices in their respective states; and all of them had received distinguished marks of the public confidence.
In the systems which had been adopted by the several states, offices corresponding to those created by the revenue laws of congress, had been already established. Uninfluenced by considerations of personal regard, the President could not be induced to change men whom he found in place, if worthy of being employed; and where the man who had filled such office in the former state of things was unexceptionable in his conduct and character, he was uniformly re-appointed. In deciding between competitors for vacant offices, the law he prescribed for his government was to regard the fitness of candidates for the duties they would be required to discharge; and, where an equality in this respect existed, former merits and sufferings in the public service, gave claims to preference which could not be overlooked.
In the legislative, as well as in the executive and judicial departments, great respectability of character was also associated with an eminent degree of talents. The constitutional prohibition to appoint any member of the legislature to an office created during the time for which he had been elected, did not exclude men of the most distinguished abilities from the first congress. Impelled by an anxious solicitude respecting the first measures of the government, its zealous friends had pressed into its service: and, in both branches of the legislature, men were found who possessed the fairest claims to the public confidence.
From the duties attached to his office, the Vice President of the United States, and President of the senate, though not a member of the legislature, was classed, in the public mind, with that department not less than with the executive. Elected by the whole people of America in common with the President, he could not fail to be taken from the most distinguished citizens, and to add to the dignity of the body over which he presided.
Mr. John Adams was one of the earliest and most ardent patriots of the revolution. Bred to the bar, he had necessarily studied the constitution of his country, and was among the most determined asserters of its rights. Active in guiding that high spirit which animated all New England, he became a member of the congress of 1774, and was among the first who dared to avow sentiments in favour of independence. In that body he soon attained considerable eminence; and, at an early stage of the war, was chosen one of the commissioners to whom the interests of the United States in Europe were confided. In his diplomatic character, he had contributed greatly to those measures which drew Holland into the war; had negotiated the treaty between the United States and the Dutch republic: and had, at critical points of time, obtained loans of money which were of great advantage to his country. In the negotiations which terminated the war, he had also rendered important services; and, after the ratification of the definitive articles of peace, had been deputed to Great Britain for the purpose of effecting a commercial treaty with that nation. The political situation of America having rendered this object unattainable, he solicited leave to return, and arrived in the United States soon after the adoption of the constitution.
As a statesman, this gentleman had, at all times, ranked high in the estimation of his countrymen. He had improved a sound understanding by extensive political and historical reading; and perhaps no American had reflected more profoundly on the subject of government. The exalted opinion he entertained of his own country was flattering to his fellow citizens; and the purity of his mind, the unblemished integrity of a life spent in the public service, had gained him their confidence.
A government, supported in all its departments by so much character and talent, at the head of which was placed a man whose capacity was undoubted, whose life had been one great and continued lesson of disinterested patriotism, and for whom almost every bosom glowed with an attachment bordering on enthusiasm, could not fail to make a rapid progress in conciliating the affection of the people. That all hostility to the constitution should subside, that public measures should receive universal approbation; that no particular disgusts and individual irritations should be excited; were expectations which could not reasonably be indulged. Exaggerated accounts were indeed occasionally circulated of the pomp and splendour which were affected by certain high officers, of the monarchical tendencies of particular institutions, and of the dispositions which prevailed to increase the powers of the executive. That the doors of the senate were closed, and that a disposition had been manifested by that body to distinguish the President of the United States by a title,[43]gave considerable umbrage, and were represented as evincing inclinations in that branch of the legislature, unfriendly to republicanism. The exorbitance of salaries was also a subject of some declamation, and the equality of commercial privileges with which foreign bottoms entered American ports, was not free from objection. But the apprehensions of danger to liberty from the new system, which had been impressed on the minds of well meaning men, were visibly wearing off; the popularity of the administration was communicating itself to the government; and the materials with which the discontented were furnished, could not yet be efficaciously employed.
Towards the close of the session, a report on a petition which had been presented at an early period by the creditors of the public residing in the state of Pennsylvania, was taken up in the house of representatives. Though many considerations rendered a postponement of this interesting subject necessary, two resolutions were passed; the one, "declaring that the house considered an adequate provision for the support of the public credit, as a matter of high importance to the national honour and prosperity;" and the other directing, "the secretary of the treasury to prepare a plan for that purpose, and to report the same to the house at its next meeting."
Adjournment of the first session of congress.
On the 29th of September, congress adjourned to the first Monday in the succeeding January.
Throughout the whole of this laborious and important session, perfect harmony subsisted between the executive and the legislature; and no circumstance occurred which threatened to impair it. The modes of communication between the departments of government were adjusted in a satisfactory manner, and arrangements were made on some of those delicate points in which the senate participate of executive power.
The president visits the New England states.
Anxious to visit New England, to observe in person the condition of the country and the dispositions of the people towards the government and its measures, the President was disposed to avail himself of the short respite from official cares afforded by the recess of congress, to make a tour through the eastern states. His resolution being taken, and the executive business which required his immediate personal attendance being despatched,[44]he commenced his tour on the 15th of October; and, passing through Connecticut and Massachusetts, as far as Portsmouth in New Hampshire, returned by a different route to New York, where he arrived on the 13th of November.
With this visit, the President had much reason to be satisfied. To contemplate the theatre on which many interesting military scenes had been exhibited, and to review the ground on which his first campaign as Commander-in-chief of the American army had been made, were sources of rational delight. To observe the progress of society, the improvements in agriculture, commerce, and manufactures; and the temper, circumstances, and dispositions of the people, could not fail to be grateful to an intelligent mind, and an employment in all respects, worthy of the chief magistrate of the nation. The reappearance of their general, in the high station he now filled, brought back to recollection the perilous transactions of the war; and the reception universally given to him, attested the unabated love which was felt for his person and character, and indicated unequivocally the growing popularity, at least in that part of the union, of the government he administered.
His reception.
The sincerity and warmth with which he reciprocated the affection expressed for his person in the addresses presented to him, was well calculated to preserve the sentiments which were generally diffused. "I rejoice with you my fellow citizens," said he in answer to an address from the inhabitants of Boston, "in every circumstance that declares your prosperity;—and I do so most cordially because you have well deserved to be happy.
"Your love of liberty—your respect for the laws—your habits of industry—and your practice of the moral and religious obligations, are the strongest claims to national and individual happiness. And they will, I trust, be firmly and lastingly established."
But the interchange of sentiments with the companions of his military toils and glory, will excite most interest, because on both sides, the expressions were dictated by the purest and most delicious feelings of the human heart. From the Cincinnati of Massachusetts he received the following address:
"Amidst the various gratulations which your arrival in this metropolis has occasioned, permit us, the members of the society of the Cincinnati in this commonwealth, most respectfully to assure you of the ardour of esteem and affection you have so indelibly fixed in our hearts, as our glorious leader in war, and illustrious example in peace.
"After the solemn and endearing farewell on the banks of the Hudson, which our anxiety presaged as final, most peculiarly pleasing is the present unexpected meeting. On this occasion we can not avoid the recollection of the various scenes of toil and danger through which you conducted us; and while we contemplate various trying periods of the war, and the triumphs of peace, we rejoice to behold you, induced by the unanimous voice of your country, entering upon other trials, and other services alike important, and, in some points of view, equally hazardous. For the completion of the great purposes which a grateful country has assigned you, long, very long, may your invaluable life be preserved. And as the admiring world, while considering you as a soldier, have long wanted a comparison, may your virtue and talents as a statesman leave them without a parallel.
"It is not in words to express an attachment founded like ours. We can only say that when soldiers, our greatest pride was a promptitude of obedience to your orders; as citizens, our supreme ambition is to maintain the character of firm supporters of that noble fabric of federal government over which you preside.
"As members of the society of the Cincinnati, it will be our endeavour to cherish those sacred principles of charity and fraternal attachment which our institution inculcates. And while our conduct is thus regulated, we can never want the patronage of the first of patriots and the best of men."
To this address the following answer was returned:
"In reciprocating with gratitude and sincerity the multiplied and affecting gratulations of my fellow citizens of this commonwealth, they will all of them with justice allow me to say, that none can be dearer to me than the affectionate assurances which you have expressed. Dear, indeed, is the occasion which restores an intercourse with my faithful associates in prosperous and adverse fortune; and enhanced are the triumphs of peace, participated with those whose virtue and valour so largely contributed to procure them. To that virtue and valour your country has confessed her obligations. Be mine the grateful task to add the testimony of a connexion which it was my pride to own in the field, and is now my happiness to acknowledge in the enjoyments of peace and freedom.
"Regulating your conduct by those principles which have heretofore governed your actions as men, soldiers, and citizens, you will repeat the obligations conferred on your country, and you will transmit to posterity an example that must command their admiration and grateful praise. Long may you continue to enjoy the endearments of fraternal attachments, and the heartfelt happiness of reflecting that you have faithfully done your duty.
"While I am permitted to possess the consciousness of this worth, which has long bound me to you by every tie of affection and esteem, I will continue to be your sincere and faithful friend."
Soon after his return to New York, the President was informed of the ill success which had attended his first attempt to negotiate a peace with the Creek Indians. General Lincoln, Mr. Griffin, and Colonel Humphries, had been deputed on this mission, and had met M'Gillivray with several other chiefs, and about two thousand men, at Rock landing, on the Oconee, on the frontiers of Georgia. The treaty commenced with favourable appearances, but was soon abruptly broken off by M'Gillivray. Some difficulties arose on the subject of a boundary, but the principal obstacles to a peace were supposed to grow out of his personal interests, and his connexions with Spain.