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CHAPTER CLXIV.

AFTER the enactment of the laws relating to Louisiana, the subject of impressment was revived by Logan; and a bill was introduced for the further protection of American seamen. It passed the House, but was postponed by a vote of two-thirds of the Senate.

An augmentation of the Navy, as the only efficient means of protecting the commerce of the country, was urged by the Federalists, but was opposed as involving an expenditure beyond its resources. The war with Tripoli had been long and unnecessarily protracted, until the wreck of a frigate, Jefferson declared, "renders it expedient to increase our force and enlarge our expenditure." The increased force was of two vessels to carry not more than sixteen guns, and as many gunboats as the President should choose to hire or accept on loan. The increased tax to meet the enlarged expenditure was an addition of two and an half per cent. to the existing ad valorem duties, and of ten per cent. on all imports in foreign vessels. The product of this tax would yield precisely the sum requisite to discharge the interest on the Louisiana debt. The loss of a frigate was the pretext for its imposition. It was called the " It was called the "Mediterranean fund." Thus early was Hamilton's prediction verified, that the abolition of the internal revenues would induce

a surcharging of the imports-a policy he pronounced "incompatible with the interests not less of revenue than of commerce"! *

Though on the subject of impressment no arrangement had been made with Great Britain, yet her relations with the United States, since the treaty of ninety-four, had been of a pacific character. Some interruptions of their commerce occurred, but reparation for the injuries was ample and prompt. She had met the proposition of Jefferson for a removal of the discriminating duties by an immediate repeal of them. Her conduct in relation to Louisiana had caused to slumber for a moment the hostility, and had extorted the approbation, of Madison.†

With such dispositions on her part, when a general war was impending, after the difficulties that had attended the conclusion of that Treaty of Amity and Commerce, which, though some of its features might have been better, had essentially promoted the prosperity of this country, it would seem to have been wise to have prolonged it. The existence of the twelfth article, which related to the West India trade, was limited to a period of two years after the termination of the war with France; and although all the other, except the permanent articles, had a duration of twelve years, that duration was contingent on a new arrangement as to that trade. The peace of Amiens was made on the first of October, eighteen hundred one, and this treaty was suffered to expire on the same day, of the year eighteen hundred three.‡

* March 27, 1801. Gallatin reports the gross receipts from the internal taxes for that year as being $989,533 29-thus yielding, less the expense of collecting, (15 per cent.) the sum this additional tax on commerce was imposed to raise.

† Am. Ar., For. Rel., vol. 2, p. 562.

Jefferson, iv. 20, writes Mazzei, July 18, 1804: "On the subject of trea

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The French councils had shown themselves extremely adverse to a renewal of this treaty, and strong remonstrances were made by this Government to Great Britain against any restriction or limitation on their trade with her colonies, or on the amount of tonnage of the vessels employed in it, with intimations of a resort to measures of retaliation. Pregnant as the moment was with dangers to England, she was not to be moved, and terms as advantageous as those of the expired treaty have not readily since been obtained.

Among other consequences of this unwise policy, the future history of this country will exhibit prominently the omission to secure the immunities to neutral trade, the principle of which was sanctioned by the awards under this treaty,* and which had been recently, explicitly, and formally recognized by the British Government †—an omission which left the American commerce an unprotected both to England and to France. prey

A short time after, a recent convention made with Spain was ratified. It provided for the appointment of Commissioners to award indemnity for all excesses committed by the individuals of either nation contrary to the existing treaty or the laws of nations-a species of compact denounced as unconstitutional by the party who now ratified it; when opposing the British treaty, on the ground that such commissioners were not included among the officers enumerated in the Constitution to be appointed by the President and Senate. One extraordinary feature of this convention should be adverted to. The aggres

ties, our system is to have none with any nation as far as can be avoided.” How different his system in 1783!

*Article 7th.

+ Letter of Duke of Portland to the Commissioners of the Admiralty, March 30, 1801.

sions had been chiefly committed by French privateers, fitted in, and capturing within the harbors of Spain American vessels, which were condemned by French consuls, usurping in her ports Admiralty jurisdiction. Yet, in this Convention," claims originating from the excesses of foreign citizens, against tribunals or consuls, in their respective territories, which might be imputable to their two Governments,” are expressly reserved for future negotia

tion!

A Report was made at this Session in favor of the encouragement of Domestic manufactures. After referring to the several modes suggested by Hamilton in his celebrated Report, and regretting that Congress is deprived of the power to encourage manufactures, by imposing duties on certain domestic raw materials, if exported; and applauding "the wise calculations and estimates of their predecessors in Congress, who devised the existing system of imposts," it proposed a large increase of duties. But no present necessity compelled this policy, as the so-called "Mediterranean Fund" would supply the wants of the Treasury.

Two other subjects of great importance were now acted upon definitively. A bill, which had been deferred at each preceding session, to repeal the Bankrupt act, passed, only thirteen members voting against it in the House. The Senate were nearly equally divided. The feeble support this act received is in part to be ascribed to the want of provisions which might have been added, and also to the manner in which it had been executed, owing to the change in the appointments made by

* The exemption of exports from duties, it is stated, was a concession in the Federal Convention to the growers of tobacco in Virginia and Maryland.

VOL. VII.-43

Jefferson soon after this law had begun to operate. Hostile to the measure, he made it the mere instrument of rewarding incompetent partisans. The Eastern States were eager to curtail the patronage of the President. The opposition of Virginia may be attributed to stronger motives. Her laws exempted lands from executions for the payment of debts. While the political power of that State was possessed by the landed interest, it was not to be expected that they would approve an act which defeated so favorite an exemption.

That a wisely-devised and well-executed, uniform and permanent system for the relief of Bankrupts is essential to a mercantile community, the subsequent and fluctuating legislation of the States, the refined interpretations of the National Courts as to the rights and the remedies of creditors, and the demoralizing opinions they have engendered, are pregnant proofs. The frequency of preferential assignments, the efficacy of a Bankrupt act in checking improvident speculations, chiefly by Corporations, and consequently improvident issues of paper securities, and the cruelty and impolicy of holding honest debtors, and considering them property, in bondage to their creditors, all unite in demanding early legislation under this express power of the Constitution.

Hamilton's contemplated amendment of the Constitution respecting the mode of electing a President and VicePresident was also now disposed of. The second of the amendments suggested by him, providing for the choice of electors by the people, was postponed. It had too much of a national character to be approved by a party which had risen to power through State influences. The first, in a modified form, was carried in the Senate by a bare constitutional majority, which was formed in the

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