In the opinion that it would not only be useless but dishonourable further to press a commercial treaty, or the exchange of ministers, and that the subject of the western posts ought not again to be moved on the part of the United States, until they should be in a condition to speak a decisive language, the powers given to Mr. Morris were withdrawn. Should the interest of Britain produce a disposition favourable to an amicable arrangement of differences, and to a liberal commercial intercourse secured by compact, it was believed that she would make the requisite advances; until then, or until some other change of circumstances should require a change of conduct, things were to remain in their actual situation.

About the time of adopting this resolution, the dispute between Britain and Spain was adjusted. Finding France unwilling to engage in his quarrel, his Catholic Majesty, too weak to encounter alone the force of the British empire, yielded every point in controversy; and thus were terminated for the present, both the fear of inconveniences, and the hope of advantages which might result to America from hostilities between the two powers, whose dominions were in her neighbourhood, and with each of whom she was already engaged in controversies not easily to be accommodated.

[Sidenote: The president visits Mount Vernon.]

Incessant application to public business, and the consequent change of active for sedentary habits, had greatly impaired the constitution of the President; and, during the last session of congress, he had, for the second time since entering on the duties of his present station, been attacked by a severe disease which reduced him to the brink of the grave. Exercise and a temporary relief from the cares of office being essential to the restoration of his health, he determined, for the short interval afforded by the recess of the legislature, to retire to the tranquil shades of Mount Vernon. After returning from a visit to Rhode Island,[49] which state not having then adopted the American constitution, had not been included in his late tour through New England, he took leave of New York; and hastened to that peaceful retreat, and those rural employments, his taste for which neither military glory, nor political power, could ever diminish.

[Footnote 49: Rhode Island had adopted the constitution in the preceding May, and had thus completed the union.]

After a short indulgence in these favourite scenes, it became necessary to repair to Philadelphia, in order to meet the national legislature.

[Sidenote: The president's speech.]

In the speech delivered to congress at the commencement of their third session, the President expressed much satisfaction at the favourable prospect of public affairs; and particularly noticed the progress of public credit, and the productiveness of the revenue.

Adverting to foreign nations,[50] he said, "the disturbed situation of Europe, and particularly the critical posture of the great maritime powers, whilst it ought to make us more thankful for the general peace and security enjoyed by the United States, reminds us at the same time of the circumspection with which it becomes us to preserve these blessings. It requires also, that we should not overlook the tendency of a war, and even of preparations for war among the nations most concerned in active commerce with this country, to abridge the means, and thereby at least to enhance the price, of transporting its valuable productions to their proper market." To the serious reflection of congress was recommended the prevention of embarrassments from these contingencies, by such encouragement to American navigation as would render the commerce and agriculture of the United States less dependent on foreign bottoms.

[Footnote 50: In a more confidential message to the senate, all the objects of the negotiation in which Mr. Morris had been employed were detailed, and the letters of that gentleman, with the full opinion of the President were communicated.]

After expressing to the house of representatives his confidence arising from the sufficiency of the revenues already established, for the objects to which they were appropriated, he added, "allow me moreover to hope that it will be a favourite policy with you not merely to secure a payment of the interest of the debt funded, but as far, and as fast as the growing resources of the country will permit, to exonerate it of the principal itself." Many subjects relative to the interior government were succinctly and briefly mentioned; and the speech concluded with the following impressive and admonitory sentiment. "In pursuing the various and weighty business of the present session, I indulge the fullest persuasion that your consultations will be marked with wisdom, and animated by the love of country. In whatever belongs to my duty, you shall have all the co-operation which an undiminished zeal for its welfare can inspire. It will be happy for us both, and our best reward, if by a successful administration of our respective trusts, we can make the established government more and more instrumental in promoting the good of our fellow citizens, and more and more the object of their attachment and confidence."

The addresses of the two houses, in answer to the speech, proved that the harmony between the executive and legislative departments, with which the government had gone into operation, had sustained no essential interruption. But in the short debate which took place on the occasion, in the house of representatives, a direct disapprobation of one of the measures of the executive government was, for the first time, openly expressed.

In the treaty lately concluded with the Creeks, an extensive territory claimed by Georgia, under treaties, the validity of which was contested by the Indian chiefs, had been entirely, or in great part, relinquished. This relinquishment excited serious discontents in that state; and was censured by General Jackson with considerable warmth, as an unjustifiable abandonment of the rights and interests of Georgia. No specific motion, however, was made, and the subject was permitted to pass away for the present.

Scarcely were the debates on the address concluded, when several interesting reports were received from the secretary of the treasury, suggesting such further measures as were deemed necessary for the establishment of public credit.

It will be recollected that in his original report on this subject, the secretary had recommended the assumption of the state debts; and had proposed to enable the treasury to meet the increased demand upon it, which this measure would occasion, by an augmentation of the duties on imported wines, spirits, tea, and coffee, and by imposing duties on spirits distilled within the country. The assumption not having been adopted until late in the session, the discussion on the revenue which would be required for this portion of the public debt did not commence, until the house had become impatient for an adjournment. As much contrariety of opinion was disclosed, and the subject did not press,[51] it was deferred to the ensuing session; and an order was made, requiring the secretary of the treasury to prepare and report such further provision as might, in his opinion, be necessary for establishing the public credit. In obedience to this order, several reports had been prepared, the first of which repeated the recommendation of an additional impost on foreign distilled spirits, and of a duty on spirits distilled within the United States. The estimated revenue from these sources was eight hundred and seventy-seven thousand five hundred dollars, affording a small excess over the sum which would be required to pay the interest on the assumed debt. The policy of the measure was discussed in a well digested and able argument, detailing many motives, in addition to those assigned in his original report, for preferring the system now recommended, to accumulated burdens on commerce, or to a direct tax on lands.

[Footnote 51: The interest on the assumed debt was to commence with the year 1792.]

A new tax is the certain rallying point for all those who are unfriendly to the administration, or to the minister by whom it is proposed. But that recommended by the secretary, contained intrinsic causes of objection which would necessarily add to the number of its enemies. All that powerful party in the United States, which attached itself to the local, rather than to the general government, would inevitably contemplate any system of internal revenue with jealous disapprobation. They considered the imposition of a tax by congress on any domestic manufacture, as the intrusion of a foreign power into their particular concerns, which excited serious apprehensions for state importance, and for liberty. In the real or supposed interests of many individuals was also found a distinct motive for hostility to the measure. A large portion of the American population, especially that which had spread itself over the extensive regions of the west, consuming imported articles to a very inconsiderable amount, was not much affected by the impost on foreign merchandize. But the duty on spirits distilled within the United States reached them, and consequently rendered them hostile to the tax.

{1791}

[Sidenote: Debate on the excise law.]

A bill, which was introduced in pursuance of the report, was opposed with great vehemence by a majority of the southern and western members. By some of them it was insisted that no sufficient testimony had yet been exhibited, that the taxes already imposed would not be equal to the exigencies of the public. But, admitting the propriety of additional burdens on the people, it was contended that other sources of revenue, less exceptionable and less odious than this, might be explored. The duty was branded with the hateful epithet of an excise, a species of taxation, it was said, so peculiarly oppressive as to be abhorred even in England; and which was totally incompatible with the spirit of liberty. The facility with which it might be extended to other objects, was urged against its admission into the American system; and declarations made against it by the congress of 1775, were quoted in confirmation of the justice with which inherent vices were ascribed to this mode of collecting taxes. So great was the hostility manifested against it in some of the states, that the revenue officers might be endangered from the fury of the people; and, in all, it would increase a ferment which had been already extensively manifested. Resolutions of Maryland, Virginia, and North Carolina, reprobating the assumption, were referred to as unequivocal evidences of growing dissatisfaction; and the last mentioned state had even expressed its decided hostility to any law of excise. The legislature of North Carolina had rejected with scorn, a proposal for taking an oath to support the constitution of the United States; had refused to admit persons sentenced to imprisonment under the laws of the United States into their jails; and another circumstance was alluded to, but not explained, which was said to exhibit a temper still more hostile to the general government than either of those which had been stated.

When required to produce a system in lieu of that which they so much execrated, the opponents of the bill alternately mentioned an increased duty on imported articles generally, a particular duty on molasses, a direct tax, a tax on salaries, pensions, and lawyers; a duty on newspapers, and a stamp act.

The friends of the bill contended, that the reasons for believing the existing revenue would be insufficient to meet the engagements of the United States, were as satisfactory as the nature of the case would admit, or as ought to be required. The estimates were founded on the best data which were attainable, and the funds already provided, had been calculated by the proper officer to pay the interest on that part of the debt only for which they were pledged. Those estimates were referred to as documents, from which it would be unsafe to depart. They were also in possession of official statements, showing the productiveness of the taxes from the time the revenue bill had been in operation; and arguments were drawn from these, demonstrating the danger to which the infant credit of the United States would be exposed, by relying on the existing funds for the interest on the assumed debt. It was not probable that the proposed duties would yield a sum much exceeding that which would be necessary; but should they fortunately do so, the surplus revenue might be advantageously employed in extinguishing a part of the principal. They were not, they said, of opinion, that a public debt was a public blessing, or that it ought to be perpetuated.

An augmentation of the revenue being indispensable to the solidity of the public credit, a more eligible system than that proposed in the bill, could not, it was believed, be devised. Still further to burden commerce, would be a hazardous experiment which might afford no real supplies to the treasury. Until some lights should be derived from experience, it behoved the legislature to be cautious not to lay such impositions upon trade as might probably introduce a spirit of smuggling, which, with a nominal increase, would occasion a real diminution of revenue. In the opinion of the best judges, the impost on the mass of foreign merchandise could not safely be carried further for the present. The extent of the mercantile capital of the United States would not justify the attempt. Forcible arguments were also drawn from the policy and the justice of multiplying the subjects of taxation, and diversifying them by a union of internal with external objects.

Neither would a direct tax be adviseable. The experience of the world had proved, that a tax on consumption was less oppressive, and more productive, than a tax on either property or income. Without discussing the principles on which the fact was founded, the fact itself was incontestable, that, by insensible means, much larger sums might be drawn from any class of men, than could be extracted from them by open and direct taxes. To the latter system there were still other objections. The difficulty of carrying it into operation, no census having yet been taken, would not be inconsiderable; and the expense of collection through a country thinly settled, would be enormous. Add to this, that public opinion was believed to be more decidedly and unequivocally opposed to it, than to a duty on ardent spirits. North Carolina had expressed her hostility to the one as well as to the other, and several other states were known to disapprove of direct taxes. From the real objections which existed against them, and for other reasons suggested in the report of the secretary, they ought, it was said, to remain untouched, as a resource when some great emergency should require an exertion of all the faculties of the United States.

Against the substitution of a duty on internal negotiations, it was said, that revenue to any considerable extent could be collected from them only by means of a stamp act, which was not less obnoxious to popular resentment than an excise, would be less certainly productive than the proposed duties, and was, in every respect, less eligible.

The honour, the justice, and the faith of the United States were pledged, it was said, to that class of creditors for whose claims the bill under consideration was intended to provide. No means of making the provision had been suggested, which, on examination, would be found equally eligible with a duty on ardent spirits. Much of the public prejudice which appeared in certain parts of the United States against the measure, was to be ascribed to their hostility to the term "excise," a term which had been inaccurately applied to the duty in question. When the law should be carried into operation, it would be found not to possess those odious qualities which had excited resentment against a system of excise. In those states where the collection of a duty on spirits distilled within the country had become familiar to the people, the same prejudices did not exist. On the good sense and virtue of the nation they could confidently rely for acquiescence in a measure which the public exigencies rendered necessary, which tended to equalize the public burdens, and which in its execution would not be oppressive.

A motion made by Mr. Jackson, to strike out that section which imposed a duty on domestic distilled spirits, was negatived by thirty-six to sixteen; and the bill was carried by thirty-five to twenty-one.

Some days after the passage of this bill, another question was brought forward, which was understood to involve principles of deep interest to the government.

[Sidenote: On a national bank.]

The secretary of the treasury had been the uniform advocate of a national bank. Believing that such an institution would be "of primary importance to the prosperous administration of the finances; and of the greatest utility in the operations connected with the support of public credit," he had earnestly recommended its adoption in the first general system which he presented to the view of congress; and, at the present session, had repeated that recommendation in a special report, containing a copious and perspicuous argument on the policy of the measure. A bill conforming to the plan he suggested was sent down from the senate, and was permitted to proceed, unmolested, in the house of representatives, to the third reading. On the final question, a great, and, it would seem, an unexpected opposition was made to its passage. Mr. Madison, Mr. Giles, Mr. Jackson, and Mr. Stone spoke against it. The general utility of banking systems was not admitted, and the particular bill before the house was censured on its merits; but the great strength of the argument was directed against the constitutional authority of congress to pass an act for incorporating a national bank.

The government of the United States, it was said, was limited; and the powers which it might legitimately exercise were enumerated in the constitution itself. In this enumeration, the power now contended for was not to be found. Not being expressly given, it must be implied from those which were given, or it could not be vested in the government. The clauses under which it could be claimed were then reviewed and critically examined; and it was contended that, on fair construction, no one of these could be understood to imply so important a power as that of creating a corporation.

The clause which enables congress to pass all laws necessary and proper to execute the specified powers, must, according to the natural and obvious force of the terms and the context, be limited to means necessary to the end and incident to the nature of the specified powers. The clause, it was said, was in fact merely declaratory of what would have resulted by unavoidable implication, as the appropriate, and as it were technical means of executing those powers. Some gentlemen observed, that "the true exposition of a necessary mean to produce a given end was that mean without which the end could not be produced."

The bill was supported by Mr. Ames, Mr. Sedgwick, Mr. Smith, of South Carolina, Mr. Lawrence, Mr. Boudinot, Mr. Gerry, and Mr. Vining.

The utility of banking institutions was said to be demonstrated by their effects. In all commercial countries they had been resorted to as an instrument of great efficacy in mercantile transactions; and even in the United States, their public and private advantages had been felt and acknowledged.

Respecting the policy of the measure, no well founded doubt could be entertained; but the objections to the constitutional authority of congress deserved to be seriously considered.

That the government was limited by the terms of its creation was not controverted; and that it could exercise only those powers which were conferred on it by the constitution, was admitted. If, on examination, that instrument should be found to forbid the passage of the bill, it must be rejected, though it would be with deep regret that its friends would suffer such an opportunity of serving their country to escape for the want of a constitutional power to improve it.

In asserting the authority of the legislature to pass the bill, gentlemen contended, that incidental as well as express powers must necessarily belong to every government: and that, when a power is delegated to effect particular objects, all the known and usual means of effecting them, must pass as incidental to it. To remove all doubt on this subject, the constitution of the United States had recognized the principle, by enabling congress to make all laws which may be necessary and proper for carrying into execution the powers vested in the government. They maintained the sound construction of this grant to be a recognition of an authority in the national legislature, to employ all the known and usual means for executing the powers vested in the government. They then took a comprehensive view of those powers, and contended that a bank was a known and usual instrument by which several of them were exercised.

After a debate of great length, which was supported on both sides with ability, and with that ardour which was naturally excited by the importance attached by each party to the principle in contest, the question was put, and the bill was carried in the affirmative by a majority of nineteen voices.

[Sidenote: The opinions of the cabinet on the constitutionality of this last law.]

The point which had been agitated with so much zeal in the house of representatives, was examined with equal deliberation by the executive. The cabinet was divided upon it. The secretary of state, and the attorney general, conceived that congress had clearly transcended their constitutional powers; while the secretary of the treasury, with equal clearness, maintained the opposite opinion. The advice of each minister, with his reasoning in support of it, was required in writing, and their arguments were considered by the President with all that attention which the magnitude of the question, and the interest taken in it by the opposing parties, so eminently required. This deliberate investigation of the subject terminated in a conviction, that the constitution of the United States authorized the measure;[52] and the sanction of the executive was given to the act.

[Footnote 52: See note, No. V. at the end of the volume.]

[Sidenote: Progress of parties.]

The judgment is so much influenced by the wishes, the affections, and the general theories of those by whom any political proposition is decided, that a contrariety of opinion on this great constitutional question ought to excite no surprise. It must be recollected that the conflict between the powers of the general and state governments was coeval with those governments. Even during the war, the preponderance of the states was obvious; and, in a very few years after peace, the struggle ended in the utter abasement of the general government. Many causes concurred to produce a constitution which was deemed more competent to the preservation of the union, but its adoption was opposed by great numbers; and in some of the large states especially, its enemies soon felt and manifested their superiority. The old line of division was still as strongly marked as ever. Many retained the opinion that liberty could be endangered only by encroachments upon the states; and that it was the great duty of patriotism to restrain the powers of the general government within the narrowest possible limits.

In the other party, which was also respectable for its numbers, many were found who had watched the progress of American affairs, and who sincerely believed that the real danger which threatened the republic was to be looked for in the undue ascendency of the states. To them it appeared, that the substantial powers, and the extensive means of influence, which were retained by the local sovereignties, furnished them with weapons for aggression which were not easily to be resisted, and that it behoved all those who were anxious for the happiness of their country, to guard the equilibrium established in the constitution, by preserving unimpaired, all the legitimate powers of the union. These were more confirmed in their sentiments, by observing the temper already discovered in the legislatures of several states, respecting the proceedings of congress.

To this great and radical division of opinion, which would necessarily affect every question on the authority of the national legislature, other motives were added, which were believed to possess considerable influence on all measures connected with the finances.

As an inevitable effect of the state of society, the public debt had greatly accumulated in the middle and northern states, whose inhabitants had derived, from its rapid appreciation, a proportional augmentation of their wealth. This circumstance could not fail to contribute to the complacency with which the plans of the secretary were viewed by those who had felt their benefit, nor to the irritation with which they were contemplated by others who had parted with their claims on the nation. It is not impossible, that personal considerations also mingled themselves with those which were merely political.

With so many causes to bias the judgment, it would not have been wonderful if arguments less plausible than those advanced by either party had been deemed conclusive on its adversary; nor was it a matter of surprise that each should have denied to those which were urged in opposition, the weight to which they were certainly entitled. The liberal mind which can review them without prejudice, will charge neither the supporters nor the opponents of the bill with insincerity, nor with being knowingly actuated by motives which might not have been avowed.

This measure made a deep impression on many members of the legislature; and contributed, not inconsiderably, to the complete organization of those distinct and visible parties, which, in their long and dubious conflict for power, have since shaken the United States to their centre.

Among the last acts of the present congress, was an act to augment the military establishment of the United States.

[Sidenote: War with the Indians.]

The earnest endeavours of the President to give security to the north-western frontiers, by pacific arrangements, having been entirely unavailing, it became his duty to employ such other means as were placed in his hands, for the protection of the country. Confirmed by all his experience in the opinion that vigorous offensive operations alone could bring an Indian war to a happy conclusion, he had planned an expedition against the hostile tribes north-west of the Ohio, as soon as the impracticability of effecting a treaty with them had been ascertained.

General Harmar, a veteran of the revolution, who had received his appointment under the former government, was placed at the head of the federal troops. On the 30th of September, he marched from fort Washington with three hundred and twenty regulars. The whole army when joined by the militia of Pennsylvania and Kentucky amounted to fourteen hundred and fifty-three men. About the middle of October, Colonel Harden, who commanded the Kentucky militia, and who had been also a continental officer of considerable merit, was detached at the head of six hundred men, chiefly militia, to reconnoitre the ground, and to ascertain the intentions of the enemy. On his approach, the Indians set fire to their principal village, and fled with precipitation to the woods. As the object of the expedition would be only half accomplished, unless the savages could be brought to action and defeated, Colonel Harden was again detached at the head of two hundred and ten men, thirty of whom were regulars. About ten miles west of Chilicothe, where the main body of the army lay, he was attacked by a party of Indians. The Pennsylvanians, who composed his left column, had previously fallen in the rear; and the Kentuckians, disregarding the exertions of their colonel, and of a few other officers, fled on the first appearance of an enemy. The small corps of regulars commanded by Lieutenant Armstrong made a brave resistance. After twenty-three of them had fallen in the field, the surviving seven made their escape and rejoined the army.

[Sidenote: Defeat of Harmar.]

Notwithstanding this check, the remaining towns on the Scioto were reduced to ashes, and the provisions laid up for the winter were entirely destroyed. This service being accomplished, the army commenced its march towards fort Washington. Being desirous of wiping off the disgrace which his arms had sustained, General Harmar halted about eight miles from Chilicothe, and once more detached Colonel Harden with orders to find the enemy and bring on an engagement. His command consisted of three hundred and sixty men, of whom sixty were regulars commanded by Major Wyllys. Early the next morning, this detachment reached the confluence of the St. Joseph and St. Mary, where it was divided into three columns. The left division, commanded by Colonel Harden in person, crossed the St. Joseph, and proceeded up its western bank. The centre, consisting of the federal troops, was led by Major Wyllys up the eastern side of that river; and the right, under the command of Major M'Millan, marched along a range of heights which commanded the right flank of the centre division. The columns had proceeded but a short distance, when each was met by a considerable body of Indians, and a severe engagement ensued. The militia retrieved their reputation, and several of their bravest officers fell. The heights on the right having been, from some cause not mentioned, unoccupied by the American troops, the savages seized them early in the action, and attacked the right flank of the centre with great fury. Although Major Wyllys was among the first who fell, the battle was maintained by the regulars with spirit, and considerable execution was done on both sides. At length, the scanty remnant of this small band, quite overpowered by numbers, was driven off the ground, leaving fifty of their comrades, exclusive of Major Wyllys and Lieutenant Farthingham, dead upon the field. The loss sustained by the militia was also considerable. It amounted to upwards of one hundred men, among whom were nine officers. After an engagement of extreme severity, the detachment joined the main army, which continued its march to fort Washington.

General Harmar, with what propriety it is not easy to discern, claimed the victory. He conceived, not entirely without reason, that the loss of a considerable number of men, would be fatal to the Indians, although a still greater loss should be sustained by the Americans, because the savages did not possess a population from which they could replace the warriors who had fallen. The event, however, did not justify this opinion.

The information respecting this expedition was quickly followed by intelligence stating the deplorable condition of the frontiers. An address from the representatives of all the counties of Kentucky, and those of Virginia bordering on the Ohio, was presented to the President, praying that the defence of the country might be committed to militia unmixed with regulars, and that they might immediately be drawn out to oppose "the exulting foe." To this address, the President gave a conciliatory answer, but he understood too well the nature of the service, to yield to the request it contained. Such were his communications to the legislature, that a regiment was added to the permanent military establishment, and he was authorized to raise a body of two thousand men, for six months, and to appoint a major general, and a brigadier general, to continue in command so long as he should think their services necessary.

[Sidenote: Adjournment of congress.]

With the 3d of March, 1791, terminated the first congress elected under the constitution of the United States. The party denominated federal having prevailed at the elections, a majority of the members were steadfast friends of the constitution, and were sincerely desirous of supporting a system they had themselves introduced, and on the preservation of which, in full health and vigour, they firmly believed the happiness of their fellow citizens, and the respectability of the nation, greatly to depend. To organize a government, to retrieve the national character, to establish a system of revenue, and to create public credit, were among the arduous duties which were imposed upon them by the political situation of their country. With persevering labour, guided by no inconsiderable portion of virtue and intelligence, these objects were, in a great degree, accomplished. Out of the measures proposed for their attainment, questions alike intricate and interesting unavoidably arose. It is not in the nature of man to discuss such questions without strongly agitating the passions, and exciting irritations which do not readily subside. Had it even been the happy and singular lot of America to see its national legislature assemble uninfluenced by those prejudices which grew out of the previous divisions of the country, the many delicate points which they were under the necessity of deciding, could not have failed to disturb this enviable state of harmony, and to mingle some share of party spirit with their deliberations. But when the actual state of the public mind was contemplated, and due weight was given to the important consideration that, at no very distant day, a successor to the present chief magistrate must be elected, it was still less to be hoped that the first congress could pass away, without producing strong and permanent dispositions in parties, to impute to each other designs unfriendly to the public happiness. As yet, however, these imputations did not extend to the President. His character was held sacred, and the purity of his motives was admitted by all. Some divisions were understood to have found their way into the cabinet. It was insinuated that between the secretaries of state and of the treasury, very serious differences had arisen; but these high personages were believed, to be equally attached to the President, who was not suspected of undue partiality to either. If his assent to the bill for incorporating the national bank produced discontent, the opponents of that measure seemed disposed to ascribe his conduct, in that instance, to his judgment, rather than to any prepossession in favour of the party by whom it was carried. The opposition, therefore, in congress, to the measures of the government, seemed to be levelled at the secretary of the treasury, and at the northern members by whom those measures were generally supported, not at the President by whom they were approved. By taking this direction, it made its way into the public mind, without being encountered by that devoted affection which a great majority of the people felt for the chief magistrate of the union. In the mean time, the national prosperity was in a state of rapid progress; and the government was gaining, though slowly, in the public opinion. But in several of the state assemblies, especially in the southern division of the continent, serious evidences of dissatisfaction were exhibited, which demonstrated the jealousy with which the local sovereignties contemplated the powers exercised by the federal legislature.



CHAPTER VII.

General St. Clair appointed Commander-in-chief.... The President makes a tour through the southern states.... Meeting of congress.... President's speech.... Debate on the bill for apportioning representatives.... Militia law.... Defeat of St. Clair.... Opposition to the increase of the army.... Report of the Secretary of the Treasury for raising additional supplies.... Congress adjourns.... Strictures on the conduct of administration, with a view of parties.... Disagreement between the Secretaries of State and Treasury.... Letters from General Washington.... Opposition to the excise law.... President's proclamation.... Insurrection and massacre in the island of St. Domingo.... General Wayne appointed to the command of the army.... Meeting of Congress.... President's speech.... Resolutions implicating the Secretary of the Treasury rejected.... Congress adjourns.... Progress of the French revolution, and its effects on parties in the United States.

{1791}

More ample means for the protection of the frontiers having been placed in the hands of the executive, the immediate attention of the President was directed to this interesting object.

[Sidenote: General St. Clair appointed commander-in-chief of the army.]

Major General Arthur St. Clair, governor of the territory north-west of the Ohio, was appointed Commander-in-chief of the forces to be employed in the meditated expedition. This gentleman had served through the war of the revolution with reputation, though it had never been his fortune to distinguish himself. The evacuation of Ticonderoga had indeed, at one time, subjected him to much public censure; but it was found, upon inquiry, to be unmerited. Other motives, in addition to the persuasion of his fitness for the service, conduced to his appointment. With the sword, the olive branch was still to be tendered; and it was thought adviseable to place them in the same hands. The governor, having been made officially the negotiator with the tribes inhabiting the territories over which he presided, being a military man, acquainted with the country into which the war was to be carried, possessing considerable influence with the inhabitants of the frontiers, and being so placed as to superintend the preparations for the expedition advantageously, seemed to have claims to the station which were not to be overlooked. It was also a consideration of some importance, that the high rank he had held in the American army, would obviate those difficulties in filling the inferior grades with men of experience, which might certainly be expected, should a person who had acted in a less elevated station, be selected for the chief command.



[Sidenote: The president makes a tour through the southern states.]

After making the necessary arrangements for recruiting the army, the President prepared to make his long contemplated tour through the southern states.[53] In passing through them, he was received universally with the same marks of affectionate attachment, which he had experienced in the northern and central parts of the union. To the sensibilities which these demonstrations of the regard and esteem of good men could not fail to inspire, was added the high gratification produced by observing the rapid improvements of the country, and the advances made by the government, in acquiring the confidence of the people. The numerous letters written by him after his return to Philadelphia, attest the agreeable impressions made by these causes. "In my late tour through the southern states," said he, in a letter of the 28th of July, to Mr. Gouverneur Morris, "I experienced great satisfaction in seeing the good effects of the general government in that part of the union. The people at large have felt the security which it gives, and the equal justice which it administers to them. The farmer, the merchant, and the mechanic, have seen their several interests attended to, and from thence they unite in placing a confidence in their representatives, as well as in those in whose hands the execution of the laws is placed. Industry has there taken place of idleness, and economy of dissipation. Two or three years of good crops, and a ready market for the produce of their lands, have put every one in good humour; and, in some instances, they even impute to the government what is due only to the goodness of Providence.

[Footnote 53: He stopped several days on the Potomac, where he executed finally the powers vested in him by the legislature for fixing on a place which should become the residence of congress, and the metropolis of the United States.]

"The establishment of public credit is an immense point gained in our national concerns. This, I believe, exceeds the expectation of the most sanguine among us; and a late instance, unparalleled in this country, has been given of the confidence reposed in our measures, by the rapidity with which the subscriptions to the bank of the United States were filled. In two hours after the books were opened by the commissioners, the whole number of shares was taken up, and four thousand more applied for than were allowed by the institution. This circumstance was not only pleasing as it related to the confidence in government, but also as it exhibited an unexpected proof of the resources of our citizens."

This visit had undoubtedly some tendency to produce the good disposition which the President observed with so much pleasure. The affections are perhaps more intimately connected with the judgment than we are disposed to admit; and the appearance of the chief magistrate of the union, who was the object of general love and reverence, could not be without its influence in conciliating the minds of many to the government he administered, and to its measures. But this progress towards conciliation was, perhaps, less considerable than was indicated by appearances. The hostility to the government, which was coeval with its existence, though diminished, was far from being subdued; and under this smooth exterior was concealed a mass of discontent, which, though it did not obtrude itself on the view of the man who united almost all hearts, was active in its exertions to effect its objects.

The difficulties which must impede the recruiting service in a country where coercion is not employed, and where the common wages of labour greatly exceed the pay of a soldier, protracted the completion of the regiments to a late season of the year; but the summer was not permitted to waste in total inaction.

The act passed at the last session for the defence of the frontiers, in addition to its other provisions, had given to the President an unlimited power to call mounted militia into the field. Under this authority, two expeditions had been conducted against the villages on the Wabash, in which a few of the Indian warriors were killed, some of their old men, women, and children, were made prisoners, and several of their towns and fields of corn were destroyed. The first was led by General Scott, in May, and the second by General Wilkinson, in September. These desultory incursions had not much influence on the war.

It was believed in the United States, that the hostility of the Indians was kept up by the traders living in their villages. These persons had, generally, resided in the United States; and, having been compelled to leave the country in consequence of the part they had taken during the war of the revolution, felt the resentments which banishment and confiscation seldom fail to inspire. Their enmities were ascribed by many, perhaps unjustly, to the temper of the government in Canada; but some countenance seemed to be given to this opinion by intelligence that, about the commencement of the preceding campaign, large supplies of ammunition had been delivered from the British posts on the lakes, to the Indians at war with the United States. While the President was on his southern tour, he addressed a letter to the secretary of state, to be communicated to Colonel Beckwith, who still remained in Philadelphia as the informal representative of his nation, in which he expressed his surprise and disappointment at this interference, by the servants or subjects of a foreign state, in a war prosecuted by the United States for the sole purpose of procuring peace and safety for the inhabitants of their frontiers.

On receiving this communication, Colonel Beckwith expressed his disbelief that the supplies mentioned had been delivered; but on being assured of the fact, he avowed the opinion that the transaction was without the knowledge of Lord Dorchester, to whom he said he should communicate, without delay, the ideas of the American government on the subject.

[Sidenote: Meeting of congress.]

[Sidenote: President's speech.]

On the 24th of October the second congress assembled in Philadelphia. In his speech at the opening of the session, the President expressed his great satisfaction at the prosperous situation of the country, and particularly mentioned the rapidity with which the shares in the bank of the United States were subscribed, as "among the striking and pleasing evidences which presented themselves, not only of confidence in the government, but of resources in the community."

Adverting to the measures which had been taken in execution of the laws and resolutions of the last session, "the most important of which," he observed, "respected the defence and security of the western frontiers," he had, he said, "negotiated provisional treaties, and used other proper means to attach the wavering, and to confirm in their friendship the well disposed tribes of Indians. The means which he had adopted for a pacification with those of a hostile description having proved unsuccessful, offensive operations had been directed, some of which had proved completely successful, and others were still pending. Overtures of peace were still continued to the deluded tribes; and it was sincerely to be desired that all need of coercion might cease, and that an intimate intercourse might succeed, calculated to advance the happiness of the Indians, and to attach them firmly to the United States."

In marking the line of conduct which ought to be maintained for the promotion of this object, he strongly recommended "justice to the savages, and such rational experiments for imparting to them the blessings of civilization, as might from time to time suit their condition;" and then concluded this subject with saying—"A system corresponding with the mild principles of religion and philanthropy towards an unenlightened race of men whose happiness materially depends on the conduct of the United States, would be as honourable to the national character, as conformable to the dictates of sound policy."

After stating that measures had been taken for carrying into execution the act laying duties on distilled spirits, he added—"The impressions with which this law has been received by the community have been, upon the whole, such as were to have been expected among enlightened and well disposed citizens, from the propriety and necessity of the measure. The novelty, however, of the tax, in a considerable part of the United States, and a misconception of some of its provisions, have given occasion, in particular places, to some degree of discontent. But it is satisfactory to know that this disposition yields to proper explanations, and more just apprehensions of the true nature of the law. And I entertain a full confidence that it will, in all, give way to motives which arise out of a just sense of duty, and a virtuous regard to the public welfare.

"If there are any circumstances in the law, which, consistently with its main design may be so varied as to remove any well intentioned objections that may happen to exist, it will comport with a wise moderation to make the proper variations. It is desirable on all occasions, to unite with a steady and firm adherence to constitutional and necessary acts of government, the fullest evidence of a disposition, as far as may be practicable, to consult the wishes of every part of the community, and to lay the foundations of the public administration in the affections of the people."

The answers of the two houses noticed, briefly and generally, the various topics of the speech; and, though perhaps less warm than those of the preceding congress, manifested great respect for the executive magistrate, and an undiminished confidence in his patriotic exertions to promote the public interests.

[Sidenote: Debate on the bill "for apportioning representatives among the people of the states according to the first enumeration."]

Among the first subjects of importance which engaged the attention of the legislature, was a bill "for apportioning representatives among the people of the several states according to the first enumeration." The constitution, in its original form, had affixed no other limits to the power of congress over the numbers of which the house of representatives might consist, than that there should not be more than one member for every thirty thousand persons; but that each state should be entitled to at least one. Independent of the general considerations in favour of a more or less numerous representation in the popular branch of the legislature, there was one of a local nature, whose operation, though secret, was extensive, which gave to this question a peculiar interest. To whatever number of persons a representative might be allotted, there would still remain a fraction, which would be greater or less in each state, according to the ratio which congress should adopt between representation and population. The relative power of states, in one branch of the legislature, would consequently be affected by this ratio; and to questions of that description, few members can permit themselves to be inattentive.

This bill, as originally introduced into the house of representatives, gave to each state one member for every thirty thousand persons. On a motion to strike out the number thirty thousand, the debate turned chiefly on the policy and advantage of a more or less numerous house of representatives; but with the general arguments suggested by the subject, strong and pointed allusions to the measures of the preceding congress were interspersed, which indicated much more serious hostility to the administration than had hitherto been expressed. Speaking of the corruption which he supposed to exist in the British house of commons, Mr. Giles said that causes essentially different from their numbers, had produced this effect. "Among these, were the frequent mortgages of the funds, and the immense appropriations at the disposal of the executive."

"An inequality of circumstances," he observed, "produces revolutions in governments, from democracy, to aristocracy, and monarchy. Great wealth produces a desire of distinctions, rank, and titles. The revolutions of property, in this country, have created a prodigious inequality of circumstances. Government has contributed to this inequality. The bank of the United States is a most important machine in promoting the objects of this monied interest. This bank will be the most powerful engine to corrupt this house. Some of the members are directors of this institution; and it will only be by increasing the representation, that an adequate barrier can be opposed to this monied interest." He next adverted to certain ideas, which, he said, had been disseminated through the United States. "The legislature," he took occasion to observe, "ought to express some disapprobation of these opinions. The strong executive of this government," he added, "ought to be balanced by a full representation in this house."

Similar sentiments were advanced by Mr. Findley.

After a long and animated discussion, the amendment was lost, and the bill passed in its original form.

In the senate, it was amended by changing the ratio, so as to give one representative for every thirty-three thousand persons in each state; but this amendment was disagreed to by the house of representatives; and each house adhering to its opinion, the bill fell; but was again introduced into the house of representatives, under a different title, and in a new form, though without any change in its substantial provisions. After a debate in which the injustice of the fractions produced by the ratio it adopted was strongly pressed, it passed that house. In the senate, it was again amended, not by reducing, but by enlarging the number of representatives.

The constitution of the United States declares that "representatives and direct taxes shall be apportioned among the several states which may be included within this union according to their respective numbers;" and that "the number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative." Construing the constitution to authorize a process by which the whole number of representatives should be ascertained on the whole population of the United States, and afterwards "apportioned among the several states according to their respective numbers," the senate applied the number thirty thousand as a divisor to the total population, and taking the quotient, which was one hundred and twenty, as the number of representatives given by the ratio which had been adopted in the house where the bill had originated, they apportioned that number among the several states by that ratio, until as many representatives as it would give were allotted to each. The residuary members were then distributed among the states having the highest fractions. Without professing the principle on which this apportionment was made, the amendment of the senate merely allotted to the states respectively, the number of members which the process just mentioned would give. The result was a more equitable apportionment of representatives to population, and had the rule of construing that instrument been correct, the amendment removed objections which were certainly well founded. But the rule was novel, and overturned opinions which had been generally assumed, and were supposed to be settled. In one branch of the legislature it had already been rejected; and in the other, the majority in its favour was only one.

In the house of representatives, the amendment was supported with considerable ingenuity.

After an earnest debate, however, it was disagreed to, and a conference took place without producing an accommodation among the members composing the committee. But finally, the house of representatives receded from their disagreement; and, by a majority of two voices, the bill passed as amended in the senate.

On the President, the solemn duty of deciding, whether an act of the legislature consisted with the constitution; for the bill, if constitutional, was unexceptionable.

In his cabinet, also, a difference of opinion is understood to have existed; the secretary of state and the attorney general were of opinion that the act was at variance with the constitution; the secretary of war was rather undecided; and the secretary of the treasury, thinking that, from the vagueness of expression in the clause relating to the subject, neither construction could be absolutely rejected, was in favour of acceding to the interpretation given by the legislature.

After weighing the arguments which were urged on each side of the question, the President was confirmed in the opinion that the population of each state, and not the total population of the United States, must give the numbers to which alone the process by which the number of representatives was to be ascertained could be applied. Having formed this opinion, to a correct and independent mind the course to be pursued was a plain one. Duty required the exercise of a power which a President of the United States will always find much difficulty in employing; and he returned the bill to the house in which it originated, accompanied with his objections[54] to it. In observance of the forms prescribed in the constitution, the question was then taken on its passage by ayes and noes, and it was rejected. A third bill was soon afterwards introduced, apportioning the representatives on the several states at a ratio of one for every thirty-three thousand persons in each state, which passed into a law. Thus was this interesting part of the American constitution finally settled.

[Footnote 54: The following is the message which he delivered on this occasion.

Gentlemen of the house of representatives—

I have maturely considered the act passed by the two houses, entitled "an act for the apportionment of representatives among the several states according to the first enumeration," and I return it to your house, wherein it originated, with the following objections.

First. The constitution has prescribed that representatives shall be apportioned among the several states according to their respective numbers, and there is no proportion or divisor which, applied to the respective numbers of the states, will yield the number and allotment of representatives proposed by the bill.

Secondly. The constitution has also provided, that the number of representatives shall not exceed one for thirty thousand, which restriction is by the context, and by fair and obvious construction, to be applied to the separate and respective numbers of the states, and the bill has allotted to eight of the states more than one for thirty thousand.]

[Sidenote: Militia law.]

During this session of congress, an act passed for establishing a uniform militia.

The President had manifested, from the commencement of his administration, a peculiar degree of solicitude on this subject, and had repeatedly urged it on congress.

In his speech at the opening of the present session, he again called the attention of the legislature to it; and, at length, a law was enacted which, though less efficacious than the plan reported by the secretary of war, will probably, not soon, be carried into complete execution.

[Sidenote: Defeat of St. Clair.]

In December, intelligence was received by the President, and immediately communicated to congress, that the American army had been totally defeated on the fourth of the preceding month.

Although the most prompt and judicious measures had been taken to raise the troops, and to march them to the frontiers, they could not be assembled in the neighbourhood of fort Washington until the month of September, nor was the establishment even then completed.

The immediate objects of the expedition were, to destroy the Indian villages on the Miamis, to expel the savages from that country, and to connect it with the Ohio by a chain of posts which would prevent their return during the war.

On the seventh of September, the regulars moved from their camp in the vicinity of fort Washington, and marching directly north, towards the object of their destination, established two intermediate posts[55] at the distance of rather more than forty miles from each other, as places of deposite, and of security either for convoys of provision which might follow the army, or for the army itself should any disaster befall it. The last of these works, fort Jefferson, was not completed until the 24th of October, before which time reinforcements were received of about three hundred and sixty militia. After placing garrisons in the forts, the effective number of the army, including militia, amounted to rather less than two thousand men. With this force, the general continued his march, which was rendered both slow and laborious by the necessity of opening a road. Small parties of Indians were frequently seen hovering about them, and some unimportant skirmishes took place. As the army approached the country in which they might expect to meet an enemy, about sixty of the militia deserted in a body. This diminution of force was not, in itself, an object of much concern. But there was reason to fear that the example, should those who set it be permitted to escape with impunity, would be extensively followed; and it was reported to be the intention of the deserters, to plunder convoys of provisions which were advancing at some distance in the rear. To prevent mischiefs of so serious a nature, the general detached Major Hamtranck with the first regiment in pursuit of the deserters, and directed him to secure the provisions under a strong guard.

[Footnote 55: Forts Hamilton and Jefferson.]

The army, consisting of about fourteen hundred effective rank and file, continued its march; and, on the third of November, encamped about fifteen miles south of the Miamis villages. The right wing under the command of General Butler formed the first line, and lay with a creek, about twelve yards wide, immediately in its front. The left wing commanded by Lieutenant Colonel Darke, formed the second; and between the two lines, was an interval of about seventy yards.[56] The right flank was supposed to be secured by the creek, by a steep bank, and by a small body of troops; the left was covered by a party of cavalry, and by piquets. The militia crossed the creek, and advanced about a quarter of a mile in front, where they also encamped in two lines. On their approach, a few Indians who had shown themselves on the opposite side of the creek, fled with precipitation.

[Footnote 56: In his official letter, General St. Clair says that the ground would not admit a larger interval.]

At this place, the general intended to throw up a slight work for the security of the baggage; and, after being joined by Major Hamtranck, to march as unincumbered, and as expeditiously as possible, to the villages he purposed to destroy.

In both these designs he was anticipated. About half an hour before sun rise the next morning, just after the troops had been dismissed from the parade, an unexpected attack was made upon the militia, who fled in the utmost confusion, and rushing into camp through the first line of continental troops, which had been formed the instant the first gun was discharged, threw them too into disorder. The exertions of the officers to restore order were not entirely successful. The Indians pressed close upon the heels of the flying militia, and engaged General Butler with great intrepidity. The action instantly became extremely warm; and the fire of the assailants, passing round both flanks of the first line, was, in a few minutes, poured with equal fury on the rear division. Its greatest weight was directed against the centre of each wing, where the artillery was posted; and the artillerists were mowed down in great numbers. Firing from the ground, and from the shelter which the woods afforded, the assailants were scarcely seen but when springing from one cover to another, in which manner they advanced close up to the American lines, and to the very mouths of the field pieces. They fought with the daring courage of men whose trade is war, and who are stimulated by all those passions which can impel the savage mind to vigorous exertions.

Under circumstances thus arduous, raw troops may be expected to exhibit that inequality which is found in human nature. While some of the American soldiers performed their duty with the utmost resolution, others seemed dismayed and terrified. Of this conduct the officers were, as usual, the victims. With a fearlessness which the occasion required, they exposed themselves to the most imminent dangers; and, in their efforts to change the face of affairs, fell in great numbers.

For several days, the Commander-in-chief had been afflicted with a severe disease, under which he still laboured, and which must have greatly affected him; but, though unable to display that activity which would have been useful in this severe conflict, neither the feebleness of his body, nor the peril of his situation, could prevent his delivering his orders with judgment and with self possession.[57]

[Footnote 57: The following extract from the official letter of the Commander-in-chief is inserted, as showing both his own situation and his opinion of the behaviour of his troops. "I have nothing, sir, to lay to the charge of the troops but their want of discipline, which, from the short time they had been in service, it was impossible they should have acquired; and which rendered it very difficult when they were thrown into confusion, to reduce them again to order; and is one reason why the loss has fallen so heavily upon the officers who did every thing in their power to effect it. Neither were my own exertions wanting; but worn down with illness, and suffering under a painful disease, unable either to mount, or dismount a horse without assistance, they were not so great as they otherwise would, or perhaps ought to have been."]

It was soon perceived that the American fire could produce, on a concealed enemy, no considerable effect; and that the only hope of victory was placed in the bayonet. At the head of the second regiment, which formed the left of the left wing, Lieutenant Colonel Darke made an impetuous charge upon the enemy, forced them from their ground with some loss, and drove them about four hundred yards. He was followed by that whole wing; but the want of a sufficient number of riflemen to press this advantage, deprived him of the benefit which ought to have been derived from this effort; and, as soon as he gave over the pursuit, the Indians renewed their attack. In the mean time General Butler was mortally wounded, the left of the right wing was broken, the artillerists almost to a man killed, the guns seized, and the camp penetrated by the enemy. With his own regiment, and with the battalions commanded by Majors Butler[58] and Clarke, Darke was ordered again to charge with the bayonet. These orders were executed with intrepidity and momentary success. The Indians were driven out of the camp, and the artillery recovered. But while they were pressed in one point by the bravest of the American troops, their fire was kept up from every other with fatal effect. Several times particular corps charged them, always with partial success, but no universal effort could be made, and in every charge a great loss of officers was sustained, the consequences of which were severely felt. Instead of keeping their ranks, and executing the orders which were given, a great proportion of the soldiers flocked together in crowds, and were shot down without resistance. To save the remnant of his army was all that remained to be done; and, about half past nine in the morning, General St. Clair ordered Lieutenant Colonel Darke with the second regiment, to charge a body of Indians who had intercepted their retreat, and to gain the road. Major Clarke with his battalion was directed to cover the rear. These orders were executed, and a disorderly flight commenced. The pursuit was kept up about four miles, when, fortunately for the surviving Americans, that avidity for plunder which is a ruling passion among savages, called back the victorious Indians to the ramp, where the spoils of their vanquished foes were to be divided. The routed troops continued their flight to fort Jefferson, a distance of about thirty miles, throwing away their arms on the road. At this place they met Major Hamtranck with the first regiment; and a council of war was called to deliberate on the course to be pursued. As this regiment was far from restoring the strength of the morning, it was determined not to attempt to retrieve the fortune of the day: and, leaving the wounded at fort Jefferson, the army continued its retreat to fort Washington.

[Footnote 58: Although his leg had been broken by a ball, Major Butler, mounted on horseback, led his battalion to the charge.]

In this disastrous battle, the loss on the part of the Americans was very great when compared with the numbers engaged. Thirty-eight commissioned officers were killed upon the field, and five hundred and ninety-three non-commissioned officers and privates were slain and missing. Twenty-one commissioned officers, several of whom afterwards died of their wounds, and two hundred and forty-two non-commissioned officers and privates were wounded. Among the dead was the brave and much lamented General Butler. This gallant officer had served through the war of the revolution; and had, on more than one occasion, distinguished himself in a remarkable manner. In the list of those who shared his fate, were the names of many other excellent officers who had participated in all the toils, the dangers, and the glory, of that long conflict which terminated in the independence of their country. At the head of the list of wounded were Lieutenant Colonels Gibson and Darke, Major Butler, and Adjutant General Sargent, all of whom were veteran officers of great merit, who displayed their accustomed bravery on this unfortunate day. General St. Clair, in his official letter, observed: "the loss the public has sustained by the fall of so many officers, particularly of General Butler and Major Ferguson, can not be too much regretted; but it is a circumstance that will alleviate the misfortune in some measure, that all of them fell most gallantly doing their duty."

From the weight of the fire, and the circumstance of his being attacked nearly at the same time in front and rear, General St. Clair was of opinion that he was overpowered by numbers. The intelligence afterwards collected would make the Indian force to consist of from one thousand to fifteen hundred warriors. Of their loss, no estimate could be made; the probability is, that it bore no proportion to that sustained by the American army.

Nothing could be more unexpected than this severe disaster. The public had confidently anticipated a successful campaign, and could not believe, that the general who had been unfortunate, had not been culpable.

{1792}

The Commander-in-chief requested with earnestness that a court martial should sit on his conduct; but this request could not be granted, because the army did not furnish a sufficient number of officers of a grade to form a court for his trial on military principles. Late in the session, a committee of the house of representatives was appointed to inquire into the cause of the failure of the expedition, whose report, in explicit terms, exculpated the Commander-in-chief. This inquiry, however, was instituted rather for the purpose of investigating the conduct of civil than of military officers; and was not conducted by military men. More satisfactory testimony in favour of St. Clair is furnished by the circumstance, that he still retained the undiminished esteem and good opinion of the President.

The Indian war now assumed a still more serious aspect. There was reason to fear that the hostile tribes would derive a great accession of strength from the impression which their success would make upon their neighbours; and the reputation of the government was deeply concerned in retrieving the fortune of its arms, and affording protection to its citizens. The President, therefore, lost no time in causing the estimates for a competent force to be prepared and laid before congress. In conformity with a report made by the secretary of war, a bill was brought into the house of representatives, directing three additional regiments of infantry, and a squadron of cavalry to be raised, to serve for three years, if not sooner discharged. The whole military establishment, if completed, would amount to about five thousand men. The additional regiments, however, were to be disbanded as soon as peace should be concluded with the Indians; and the President was authorized to discharge, or to forbear to raise, any part of them, "in case events should, in his judgment, render his so doing consistent with the public safety."

[Sidenote: Opposition to the increase of the army.]

This bill met with great opposition. A motion was made to strike out the section which authorized an augmentation of force. By those who argued in favour of the motion, the justice of the war was arraigned, and the practicability of obtaining peace at a much less expense than would be incurred in its further prosecution, was urged with vehemence. An extension of the present frontier was said not to be desirable, and if the citizens of the United States were recalled within their proper boundaries, hostilities would cease. At any rate, it was an idle waste of blood and treasure, to carry the war beyond the line of forts already established. It was only exposing their arms to disgrace, betraying their own weakness, and lessening the public confidence in the government, to send forth armies to be butchered in the forests, while the British were suffered to keep possession of posts within the territory of the United States. To this cause was to be ascribed any disposition which might exist on the part of the Indians to continue hostilities, and to its removal the efforts of the government ought to be directed.

But, admitting the war to have been just in its commencement, and its continuance to be required by the honour and interest of the nation, yet as an invasion of the Indian country ought not to be attempted, this augmentation of the military establishment could not be necessary. Regular troops could only be useful as garrisons for posts to which the militia might resort for protection or supplies. Experience had proved that the sudden desultory attacks of the frontier militia and rangers were productive of more valuable consequences, than the methodical operations of a regular force. But, should it even be conceded that invasion and conquest were to be contemplated, the existing establishment, if completed, would be sufficiently great; and it was still insisted that, even for the purposes of conquest, the frontier militia were superior to any regulars whatever.

The expense of such an army as the bill contemplated was said to be an object worthy of serious attention; and members were requested to observe the progress of this business, and to say where it would stop. At first, only a single regiment had been raised, and the expense was about one hundred thousand dollars; a second was afterwards added, which swelled the expense to three hundred thousand; and now a standing force of five thousand one hundred and sixty-eight men is contemplated, at an annual expense of above a million and a quarter. They were preparing to squander away money by millions; and no one, except those who were in the secrets of the cabinet, knew why the war had been thus carried on for three years.

Against the motion for striking out, it was urged that the justice of the war could not be questioned by any man who would allow that self preservation, and indispensable necessity, could furnish sufficient motives for taking up arms. It was proved by unquestionable documents, that from the year 1783 to 1790, there had been not less than fifteen hundred persons, either the inhabitants of Kentucky, or emigrants on their way to that country, who had been massacred by the savages, or dragged into captivity; and there was reason to believe that on the frontiers of Virginia, and of Pennsylvania, the murdered and the prisoners would furnish a list almost equally numerous.

The conciliatory disposition of the government was stated, and its repeated efforts to obtain a peace were enumerated. It was particularly observed that in 1790, when a treaty was proposed at the Miamis villages, the Indians at first refused to treat;—they next required thirty days to deliberate;—this request was acceded to; and, in the interim, offensive operations were expressly prohibited by the President. Yet, notwithstanding this forbearance on the part of the whites, not less than one hundred and twenty persons were killed and captured by the savages, and several prisoners were roasted alive, during that short period; at the expiration of which, the Indians refused to give any answer to the proposition which had been made to them.

But it was now too late to inquire into the justice of the principles on which the war was originally undertaken. The nation was involved in it, and could not recede without exposing many innocent persons to be butchered by the enemy. Should the government determine to discontinue the war, would the Indians also consent to a cessation of hostilities? The government could not, without impeachment, both of its justice and humanity, abandon the inhabitants of the frontiers to the rage of their savage enemies; and although the excise might be unpopular, although money might still be wanted, what was the excise, what was money, when put in competition with the lives of their friends and brethren? A sufficient force must be raised for their defence, and the only question was what that force should be.

The calculations of the best informed men were in favour of employing an army not inferior to that proposed in the bill. When the known attachment of Indians to war and plunder was adverted to, and the excitements to that attachment which were furnished by the trophies acquired in the last two campaigns were considered, no man would venture to pronounce with confidence how extensive the combination against the United States might become, or what numbers they would have to encounter. It certainly behoved them to prepare in time for a much more vigorous effort than had hitherto been made. The objections drawn from the increased expense which such an effort would require, must entirely vanish before the eyes of any man, who looks forward to the consequences of another unsuccessful campaign. Such a disaster would eventually involve the nation in much greater expense than that which is now made the ground of opposition. Better therefore is it, to make at once a vigorous and effectual exertion to bring the contest to a close, than to continue gradually draining the treasury, by dragging on the war, and renewing hostility from year to year.

The supporters of the bill also appealed to experience for the superiority of regular troops over militia, in accomplishing all the purposes, even of Indian war; and those arguments were urged in favour of this theory, which the subject readily suggests.

The motion for striking out the section was lost; and the bill was carried for the augmentation of force required by the executive.

The treasury was not in a condition to meet the demands upon it, which the increased expenses of the war would unavoidably occasion; and sources of additional revenue were to be explored. A select committee to whom this subject was referred, brought in a resolution directing the secretary of the treasury to report his opinion to the house on the best mode of raising those additional supplies which the public service might require for the current year.

This proposition gave rise to a very animated debate.

It will be recollected that when the act for establishing the treasury department was under consideration, the clause which rendered 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, was earnestly opposed. A large majority, however, was in favour of the principle; and, after being so modified, as only to admit a report if required by the house, it was retained in the bill. In complying with the various resolutions of congress, calling for reports on subjects connected with his department, the secretary had submitted plans which, having been profoundly considered, were well digested, and accompanied by arguments, the force of which it was difficult to resist. His measures were generally supported by a majority of congress; and, while the high credit of the United States was believed to attest their wisdom, the masterly manner in which his reports were drawn contributed to raise still higher, that reputation for great talents which he had long possessed. To the further admission of these reports, it was determined, on this occasion, to make a vigorous resistance.

But the opposition was not successful. On taking the question, the resolution was carried; thirty-one members voting in its favour, and twenty-seven against it.

[Sidenote: Report of the secretary of the treasury for raising additional supplies.]

The report[59] made by the secretary in pursuance of this resolution, recommended certain augmentations of the duties on imports; and was immediately referred to the consideration of a committee of the whole house. Resolutions were then passed which were to form the basis of a bill; and which adopted, not only the principles, but, with the exception of a few unimportant alterations, the minute details of the report.

[Footnote 59: See note, No. VI. at the end of the volume.]

Before the question was taken on the bill, a motion was made to limit its duration, the vote upon which strongly marked the progress of opinion in the house respecting those systems of finance which were believed to have established the credit of the United States.

The secretary of the treasury had deemed it indispensable to the creation of public credit, that the appropriations of funds for the payment of the interest, and the gradual redemption of the principal of the national debt, should be not only sufficient, but permanent also. A party was found in the first congress who opposed this principle; and were in favour of retaining a full power over the subject in each branch of the legislature, by making annual appropriations. The arguments which had failed in congress appear to have been more successfully employed with the people. Among the multiplied vices which were ascribed to the funding system, it was charged with introducing a permanent and extensive mortgage of funds, which was alleged to strengthen unduly the hands of the executive magistrate, and to be one of the many evidences which existed, of monarchical propensities in those who administered the government.

The report lately made by the secretary of the treasury, and the bill founded on that report, contemplated a permanent increase of the duties on certain specified articles; and a permanent appropriation of the revenue arising from them, to the purposes of the national debt. Thirty-one members were in favour of the motion for limiting the duration of the bill, and only thirty against it. By the rules of the house, the speaker has a right first to vote as a member; and, if the numbers should then be equally divided, to decide as speaker. Being opposed to the limitation, the motion was lost by his voice.

On the eighth of May, after an active and interesting session, congress adjourned to the first Monday in November.

The asperity which, on more than one occasion, discovered itself in debate, was a certain index of the growing exasperation of parties; and the strength of the opposition on those questions which brought into review the points on which the administration was to be attacked, denoted the impression which the specific charges brought against those who conducted public affairs, had made on the minds of the people, in an extensive division of the continent. It may conduce to a more perfect understanding of subsequent transactions, to present, in this place, a sketch of those charges.

[Sidenote: Strictures on the conduct of administration, with a view of parties.]

It was alleged that the public debt was too great to be paid before other causes of adding to it would occur. This accumulation of debt had been artificially produced by the assumption of what was due from the states. Its immediate effect was to deprive the government of its power over those easy sources of revenue, which, applied to its ordinary necessities and exigencies, would have answered them habitually, and thereby have avoided those burdens on the people which occasioned such murmurs against taxes, and tax gatherers. As a consequence of it, although the calls for money had not been greater than must be expected for the same or equivalent exigencies, yet congress had been already obliged, not only to strain the impost until it produced clamour, and would produce evasion, and war on their own citizens to collect it, but even to resort to an excise law, of odious character with the people, partial in its operation, unproductive unless enforced by arbitrary and vexatious means, and committing the authority of the government in parts where resistance was most probable, and coercion least practicable.

That the United States, if left free to act at their discretion, might borrow at two-thirds of the interest contracted to be paid to the public creditors, and thus discharge themselves from the principal in two-thirds of the time: but from this they were precluded by the irredeemable quality of the debt; a quality given for the avowed purpose of inviting its transfer to foreign countries. This transfer of the principal when completed would occasion an exportation of three millions of dollars annually for the interest, a drain of coin without example, and of the consequences of which no calculation could be made.

The banishment of coin would be completed by ten millions of paper money in the form of bank bills, which were then issuing into circulation. Nor would this be the only mischief resulting from the institution of the bank. The ten or twelve per cent, annual profit paid to the lenders of this paper medium would take out of the pockets of the people, who would have had, without interest, the coin it was banishing. That all the capital employed in paper speculation is barren and useless, producing like that on a gaming table no accession to itself, and is withdrawn from commerce and agriculture, where it would have produced addition to the common mass. The wealth therefore heaped upon individuals by the funding and banking systems, would be productive of general poverty and distress. That in addition to the encouragement these measures gave to vice and idleness, they had furnished effectual means of corrupting such a portion of the legislature as turned the balance between the honest voters. This corrupt squad, deciding the voice of the legislature, had manifested their dispositions to get rid of the limitations imposed by the constitution; limitations on the faith of which the states acceded to that instrument. They were proceeding rapidly in their plan of absorbing all power, invading the rights of the states, and converting the federal into a consolidated government.