interest of France to treat with us than it was nine months ago. At such a time, such a measure would be most impolitic.

Otis, a recently elected member from Massachusetts, distinguished for his ready, graceful cloquence, observed: "Toussaint has been called an usurper. Have we any evidence that his conduct may not be recognized by France? Shall we now begin to examine into the legality of the powers of persons in authority in France, or in her possessions? Have we not adhered to the principle, that those who exercise the power de facto are those only whom we are bound to recognize? We have never questioned the legitimacy of the power exercised in France. It is now too late to change this system." Pinckney* controverted the assertions that France had shown any real disposition to do justice to the United States. "Her attempt to detach Gerry from his colleagues, he regarded as most hostile and degrading. He also denied that the independence of St. Domingo was more to be apprehended by the Southern States, than their continuance under the dominion of France. If free, we might treat with them and secure their good conduct. If subject to France and supported by her Navy, she might thence accomplish the invasion with which her unofficial agents had men. aced our envoys. If free, Great Britain would monopolize their commerce, or they must become freebooters on our commerce, or seek supplies from us. Is it not our interest to encourage them in their habits of industry—to render them peaceful cultivators of the soil? As to the objection that such a power, if exerted, would be a cause of war, its effect was simply to remove restrictions, in case depredations should cease, without regard to the au

* The late minister at London and Madrid-Thomas Pinckney.

thority which should cause their cessation." After an earnest debate and various efforts to defeat this provision, it was retained, and the bill became a law.

Another act, previously mentioned, dictated by an atrocious decree of the French Government, was the subject of much discussion. In the preceding month of October, the Directory issued an edict declaring to be a pirate, every person, either a native of or originally belonging to neutral countries, found to form part of the crews of British vessels, whether voluntarily enlisting, or impressed to serve. The British Government immediately signified to France, that the first instance of its execution would be followed by the most rigorous retaliations. A bill authorizing retaliation on French citizens passed the Senate. When it came before the House, the President was called upon to state, whether he had received any information of the suspension of this decree. His message disclosed the fact, that a second decree had passed, by which its execution had been postponed, but reminded the House that the edict of the second March, seventeen hundred ninety-seven, which subjects "explicitly and exclusively, American seamen to be treated as pirates, if found on board ships of the enemies of France, remained in force." The proceedings on this bill were deferred until the end of the session, when a motion for its indefinite postponement was rejected. On the final question, its passage was strenuously opposed by Gallatin and Livingston, and urged by Dana and Otis. It passed by a large majority.

A bill was also brought forward, granting a bounty on all French armed vessels captured by private armed vessels of the United States, of which nearly four hundred were commissioned, but it was defeated. In the course of its discussion, reference was made to the utility VOL. VII.-16

of a navy as a protection against invasion. Gallatin declared, that he thought "a fleet to be neither a necessary nor a sure mean of defence. Viewed as a protection to commerce, as the advantages of commerce were a matter of calculation, the defence to be afforded becomes also a proper subject of calculation, a question of profit or loss! As the carrying trade was merely a profit to merchants, if it did not yield a profit sufficient to protect itself without expense to the nation, it was not entitled to any extraordinary protection!"

While these subjects were occupying a large share of the attention of Congress, the measures of defence, a part of which Hamilton had initiated, were acted upon. Immediately after his return from Philadelphia, Hamilton wrote to General Gunn, then a Senator and Chairman of the Committee on Military Affairs:

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*

"I was desirous of knowing the state of your mind with regard to military service. If we are to be seriously engaged in military operations, 'tis not a compliment to you to say, that you are one of the men who must be in the field. With such an enemy, we shall want men who will not barely do their duty, but will do it with an energy equal to all dangers."

Gunn answered:

"If I am correct, General Washington is not to take the field, but in the event of the Provisional army being called into service, you are of course not only charged with the command of the army, but in a great degree, the direction of the War Department; and, sir, you will permit me to add, that the legislative aid necessary for the support of that department, must be arranged by yourself. Have the goodness to communicate your wishes with regard to the invigoration of the measures of defence."

Hamilton replied on the twenty-second of December: "As to the further military arrangements my ideas are these.