It was incorporated in

and his support was requested. the act then passed, and had been repeatedly re-enacted. But was the objection seriously entertained? Had not the mover of it admitted, that it would be removed by the proposed amendment, with a single alteration; and yet had he not moved to expunge the section which embraced the amendment, thus to prevent its being made? He had declared, that the creation of a Naval armament would involve us in a war; that armament had been authorized, and now he scoffs at the apprehension of war!

The amendment was inserted by a majority of three votes. Gallatin then moved to limit the army to five thousand men. His motion was rejected, and the section passed authorizing a provisional army of ten thousand. The act contained a clause which empowered the President to accept the services of volunteers, to be employed during a period of two years,―to be armed and equipped at their own expense, he commissioning the officers. The effect of this act in calling forth the patriotic feelings of the people was deprecated. It was much opposed. The power to appoint the officers was pronounced an invasion of the rights of the Militia-and what were these but volunteer militia ? The Constitution recognized no such force. It was a standing army of the worst kind.

The inconsistency of these opposite objections was the subject of much comment. "You object," it was said, "to enlistments, because they involve the expense and the dangers of a standing army.-We propose volunteers to be equipped by themselves, you brand them as formidable associations of wealthy individuals. They will be formidable, we acknowledge, formidable to whom? To

publication written by himself, entitled "Political Observations; "—that they had proposed to surrender to the Executive, power, "which the Constitution has most jealously appropriated to the Legislature." P. 12.

the invaders of our country,—to the daring infractors of the laws. The act finally passed by a majority of eleven votes.*

In the concluding number of the "Stand," Hamilton, it is seen, advised "that Congress should permit the merchant vessels not only to arm themselves, but to sink or capture their assailants; and that the vessels of war should be authorized to cruise on the coast-to serve as convoys ;-to sink or capture assailants, and bring in privateers hovering within twenty miles of the coast." The President, withdrawing his restriction, had left to the merchant vessels the option of arming themselves. The question arose in the Cabinet, whether he had a discretionary power as to the employment of the Navy, under the act creating a Naval armament.

The Secretary at War applied to Hamilton for his opinion. He answered:

"Not having seen the law which provides the Naval armament, I cannot tell whether it gives any new power to the President, that is, any power whatever with regard to the employment of the ships. If not, and he is left on the foot of the Constitution, as I understand to be the case, I am not ready to say, that he has any other power, than merely to employ the ships as convoys, with authority to repel force by force, (but not to capture,) and to repress hostilities within our waters, including a marine league from our coasts.

"Any thing beyond this must fall under the idea of reprisals, and requires the sanction of that department which is to declare or make war. In so delicate a case, in one which involves so important a consequence as that of war, my opinion is, that no doubtful authority ought to be exercised by the President; but that, as different opinions about his power have been expressed in the House of Representatives, and no special power has been given by the law, it will be expedient

* March 3, 1803. A law was approved by Jefferson, authorizing him to accept rolunteers; and at the Executive instance, February 24, 1807, 30,000 volunteers were to be received.

for him, and his duty, and the true policy of the conjuncture, to come forward by a message to the two Houses of Congress, declaring that, '80 far, and no farther,' he feels himself confident of his authority to go in the employment of the naval force; that, as in his opinion, the depredations on our trade demand a more extensive protection, he has thought it his duty to bring the subject under the review of Congress by a communication of his opinion of his own powers, having no desire to excced the constitutional limits.

"This course will remove all clouds as to what the President will do, will gain him credit for frankness, and an unwillingness to chicane the Constitution, and will return upon Congress the question in a shape which cannot be eluded. I presume you will have heard, before this reaches you, that a French privateer has made captures at the mouth of our harbor. This is too much humiliation after all that has passed. Our merchants are very indignant. Our Government is very prostrate in the eyes of every man of energy."

In the

It was

The

As soon as this letter was received, a bill to carry the proposed measures for the protection of commerce was introduced into the Senate, and resolutions to the same effect were brought forward in the House. The preamble recited the spoliations of France as the motive to the measure. It was proposed to expunge it, and to postpone the bill until a total failure of the negotiation was ascertained. The Senate enacted it without delay. House, strenuous efforts were made to defeat it. declared to be tantamount to a declaration of war. mover replied, that the reprisals which it authorized were commensurate only with the injuries received; and were not even a justifiable cause for the rupture of a pending negotiation. It was necessary, because France did not desire to drive the United States to extremities, but wished by any means to protract the present state of suspense, and avert a decision which must necessarily result from such a rupture. Our forbearance encouraged the continuance of her depredations. The bill passed, but so

modified, as to limit the exertion of this power of partial reprisals to the vessels of war, and against armed vessels hovering on the coast.

While thus the pretenders to a superior love of liberty were combining to expose the American trade, defenceless on the ocean; and were advising patience and submission, until France should have completed her conquests; Denmark and Sweden had resolved to arm for the protection of their commerce, and were remonstrating with Prussia against her decrees affecting the rights of neutrals.

CHAPTER CXLII.

ANOTHER month elapsed, and another communication was received from Paris. It mentioned a new demand by the envoys of a reply to their memorial; new requisitions of money; the disclosure to France of the prohibition in their instructions to promise a loan.

Soon after the departure of Kosciusko, Volney, whose intimacy with Jefferson has been mentioned, and who was regarded by the Cabinet as a spy of the Directory, alarmed by the proposed alien act, left the United States, as Jefferson remarked, “most thoroughly impressed with the importance of preventing war." He was the bearer of a letter from him to Kosciusko.*

The effect of the despatches of the Envoys on the national mind was increasing. The emergency was great. The preparations for war were decisive of the intentions of the Administration; and, recent as had been his secret missions, one more attempt was resolved upon by Jefferson to open to France all the dangers which menaced the cause of her partisans. The person selected to perform this office was a citizen of Pennsylvania, of the name of

* Jefferson to Madison, May 3, 1798. Among those who would sail "I believe will be Volney, who has in truth been the principal object aimed at by the law (the alien act.) "It is said, Hamilton declines coming to the Senate."

"

VOL. VII.-10