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will be hereafter seen, would have wholly excluded naturalization. Although similar views were entertained by others, the general sentiment merely asked an extension of the term of probation. The naturalization act of ninety-five prescribed, that the alien should have declared his intention to become a citizen, three years; and required a residence in the United States of five, and within the State where the application was made, of one year, before his being admitted a citizen. A supplementary act was now passed. By it, a declaration of the intention must have been made five years; and a previous residence within the United States of fourteen years, and within the State of five years, were prerequisites to admission. Clauses were added, having reference to the existing state of the country, which excluded alien enemies, at the time they were such, from becoming citizens; and required all white aliens to be reported and registered, under a penalty for disobedience. During the debate on this bill in the House of Representatives, one proposition was made to exclude all naturalization— another, in concurrence with Jay, that no alien born, not then a citizen of the United States, should be capable of holding any civil office of honor or profit. A resolution was also offered in the Senate, for an amendment of the Constitution, so as to render ineligible to the offices of President, or Vice President, or to seats in either branch of Congress, any other than native citizens or residents in the United States at the time of the Declaration of Independence, and from that period until the time of the election.

Hamilton's view of this question differed from that of his party. He said, that "he would not contend for a total prohibition of the right of citizenship to strangers,

nor even for the very long* residence, which this act rendered a prerequisite to naturalization, and which of itself went far towards a denial of that privilege. A residence of not less than five years, he thought, ought to be required, but that rights peculiar to the conducting of business and the acquisition of property, might be at once conferred, upon proof of the intention to become citizens, postponing all political privileges to the ultimate term." On the eighteenth of June, the day on which this bill became a law, the President transmitted to Congress another despatch from the envoys, covering a letter from Talleyrand, and their reply. Three days after, he announced the arrival of Marshall, who, after not a few indignities, had obtained a passport, Pinckney being permitted, though with hesitations, to pass the winter, with a daughter in ill health, in the South of France. The attentions paid to Marshall marked the sensibility of the nation to his character and services. Public demonstrations of the highest respect were shown to him, both at New York and Philadelphia, ... the people vying with each other in exhibitions of their determination to sustain the Government in the elevated stand which it had taken. The bells rang as he journeyed on, until late in the night; and immense crowds cheered him in his triumphal progress.t

* Jefferson to Madison, June 14, 1798. "The new Citizen or Naturalization bill passed the Senate. It requires 14 years' residence to make a citiIt has friends in both parties."

zen.

Jefferson to Madison, Philadelphia, June 21, 1798. "Marshall was received here with the utmost eclat. The Secretary of State and many carriages, with all the city cavalry, went to Frankfort to meet him; and on his arrival here in the evening, the bells rang till late in the night, and immense crowds were collected to see and make part of the show, which was circuitously paraded through the streets before he was set down at the City tavern. All this was to secure him to their views-that he might say nothing which would expose the game they have been playing."

The answer of Talleyrand dwelt upon the inexecution of the treaties with France; and urged that American tribunals had, since the commencement of the war, pretended to the right of taking cognizance of the validity of prizes brought into the ports of the United States. By reference to the correspondence of the government, it was shown, that such pretensions had never been made, but had been expressly disclaimed. He objected, that the ships of the enemy had been permitted to come into their ports after captures made by them, from French citizens. It was shown, that, while British ships had not been denied the rights of hospitality, shelter had been refused to the prizes made from France or to English ships of war, accompanying those prizes. He instanced the arrest of a corvette, though it was proved to have captured an American vessel under a French commission; and a refusal to provide means to execute the Consular Convention, an allegation without any foundation. He also insisted, that deception had been practised as to the negotiation with England, and the character of that treaty, -calculated to turn the neutrality of the United States to the advantage of England, and disadvantage of France. The first imputation was repelled and disproved. As to the injurious nature of the treaty, nothing was specific, and a general denial of the assertion was given. The arrêt, authorizing captures for want of a role d'equipage, was defended because founded on the treaty with England. It was answered, that it greatly transcended that treaty, and as to the role d'equipage, it had no relation to it.

To these charges were added complaints, that the United States had not permitted the sale, in their ports, of prizes made by French cruisers, and of invectives in the gazettes against the French Government, and of the speech of the President in May of the previous year.

These complaints were answered by stating, that as to the sale of prizes, France had no such right; that it was merely the refusal of a favor which to grant would have been inconsistent with neutrality; that the Press was free; and that the Speech of the President was a consequence of the declaration of Barras to Monroe,--of the continued depredations, and of the refusal to hear Pinckney.

In confirmation of the alleged unfriendliness of the United States, Talleyrand referred to the instructions to the envoys based on the idea of continuing to fulfil the treaty with England; to the appointment of persons in the mission of dispositions unfavorable to France, a policy which he believed "the American nation sees with regret, and the consequences of which it regards with sorrow." To smooth the way of discussions, he announced, that the Directory is disposed to treat " with that one of the three, whose opinions, presumed to be more impartial, promise in the course of the explanations, more of the reciprocal confidence which is indispensable."

These imputations on the faith of their country were met by the envoys in a dignified tone; and, as to the proposition to treat with Gerry alone, it was remarked, ' that it was not accompanied with any assurances of receding from those demands of money heretofore presented, as the sole considerations on which the cessation of hostilities upon American commerce could be obtained, to which they had not the powers to accede, with which it would be extremely difficult to comply, and that a compliance would violate the faith pledged for the observance of neutrality, and involve their country in a disastrous war, wherewith they had no concern; that no answer had been given as to the claimed compensation for captures, contrary to the laws of nations and treaties. As to

the proposed negotiation with one of the envoys, he was further informed, that no one of them was authorized to assume a negotiation, intrusted to the whole; nor can any two of them withdraw from the task committed to them by the Government, while there was a possibility of performing it.

Gerry remained at Paris. He wrote, that he was informed the Directory would not consent to his leaving France, and to bring on an immediate rupture by so doing without their consent, he thought would be unwarrantable; that he had received a letter from Talleyrand, whose object was to resume reciprocal communications, and again to discuss the loan; and had replied, that the proposal, under an injunction of secrecy, to treat separately, could not be acceded to, and that all he could do was to confer informally and unaccredited.

With these despatches were also published the last instructions to the envoys. They were directed, if in treaty with duly authorized persons, to remain and expedite its conclusion; and, as suspense was ruinous, if a design were evinced to procrastinate, to demand their passports and return. If they had not been received, and if they had, and were not in negotiation with persons duly au thorized, also to return; and "in no event was a treaty to be purchased with money by loan or otherwise." Referring to this communication, Jefferson observed,* “that Gerry stayed without explaining his reason to his colleagues. He wrote, however, to the President by Marshall, who knew nothing of the contents of his letter. So there must have been a previous understanding between Talleyrand and Gerry."

A few days after,† acting in accordance with the

* Jefferson to Madison. Jefferson's Works, iii. 396.

+ July 3.

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