The Life of Albert Gallatin

by Henry Adams

1808.

On the embargo alone some degree of unanimity could be attained. The omnipotent influence with which Mr. Jefferson had begun his Administration, although steadily diminishing with the advent of a new generation and the apparent accomplishment of the great objects for which the party had been educated, was still capable of revival in its full strength to give effect to the old party dogma of commercial regulations. Every one was earnestly impressed with what Mr. Jefferson called “our extreme anxiety to give a full effect to the important experiment of the embargo at any expense within the bounds of reason.” The first embargo law of December 22, 1807, was a mere temporary measure of precaution; in order to carry out the policy with effect, a completer system had to be framed, and Mr. Gallatin was obliged himself to draft the bill which was to beggar the Treasury; but no ordinary grant of powers would answer a purpose which consisted in stopping the whole action and industry of all the great cities and much of the rural population; thus the astonishing spectacle was presented of Mr. Jefferson, Mr. Madison, and Mr. Gallatin, the apostles of strict construction, of narrow grants, the men who of all others were the incarnation of that theory which represented mankind as too much governed, and who, according to Mr. Jefferson, would have had government occupy itself exclusively with foreign affairs and leave the individual absolutely alone to manage his own concerns in his own way,—of these men demanding, obtaining, and using powers practically unlimited so far as private property was concerned; powers in comparison with which the alien and sedition laws were narrow and jealous in their grants; powers which placed the fortunes of at least half the community directly under their control; which made them no more nor less than despots which gave Mr. Jefferson the right to say: “we may fairly require positive proof that the individual of a town tainted with a general spirit of disobedience has never said or done anything himself to countenance that spirit;”[87] and which dictated his letter to the Governor of Massachusetts, then among the proudest, the wealthiest, and the most populous States in the Union, that the President had permitted her to have sixty thousand barrels of flour; that this was enough, and she must have no more.[88]

Congress conferred on the President the enormous grants of power which he asked for, and Mr. Gallatin proceeded to execute the law; the result was what he had predicted when he said that government prohibitions do always more harm than was calculated. The law was first evaded, then resisted; then came the ominous demand for troops, gun-boats, and frigates to use against our own citizens, and to be used by Mr. Gallatin, who, of all men, held military force so applied in horror; then came the announcement of insurrection, in August, from the Governor of New York, an insurrection which became chronic along the northern frontier, from Passamaquoddy to Niagara. All along the coast the United States navy was spread out to destroy that commerce which it had been built to protect, and the officers of our ships of war, frantic to revenge upon the British cruisers their disgrace in the Chesapeake, were compelled to assist these very cruisers to plunder their own countrymen.

1808.

The struggle between government and citizens was violent and prolonged. Mr. Gallatin’s letters at this time to Mr. Jefferson are curious reading. He set himself with his usual determination to the task of carrying out his duty; his agents and instruments broke down in every direction; his annoyances were innumerable and his efforts only partially successful. The powers he had demanded and received, immense as they were, proved insufficient, and he demanded more. Already in July, 1808, he had reached this point. On the 29th of that month he wrote to Mr. Jefferson from New York: “I am perfectly satisfied that if the embargo must be persisted in any longer, two principles must necessarily be adopted in order to make it sufficient: 1st. That not a single vessel shall be permitted to move without the special permission of the Executive. 2d. That the collectors be invested with the general power of seizing property anywhere, and taking the rudders or otherwise effectually preventing the departure of any vessel in harbor, though ostensibly intended to remain there; and that without being liable to personal suits. I am sensible that such arbitrary powers are equally dangerous and odious. But a restrictive measure of the nature of the embargo applied to a nation under such circumstances as the United States cannot be enforced without the assistance of means as strong as the measure itself. To that legal authority to prevent, seize, and detain, must be added a sufficient physical force to carry it into effect; and, although I believe that in our seaports little difficulty would be encountered, we must have a little army along the lakes and British lines generally. With that result we should not perhaps be much astonished, for the Federalists having at least prevented the embargo from becoming a measure generally popular, and the people being distracted by the complexity of the subject,—orders of council, decrees, embargoes,—and wanting a single object which might rouse their patriotism and unite their passions and affections, selfishness has assumed the reins in several quarters, and the people are now there altogether against the law. In such quarters the same thing happens which has taken place everywhere else, and even under the strongest governments, under similar circumstances. The navy of Great Britain is hardly sufficient to prevent smuggling, and you recollect, doubtless, the army of employees and the sanguinary code of France, hardly adequate to guard their land frontiers.

“That in the present situation of the world every effort should be attempted to preserve the peace of this nation cannot be doubted. But if the criminal party rage of Federalists and Tories shall have so far succeeded as to defeat our endeavors to obtain that object by the only measure that could possibly have effected it, we must submit and prepare for war. I am so much overwhelmed even here with business and interruptions that I have not time to write correctly or even with sufficient perspicuity; but you will guess at my meaning where it is not sufficiently clear. I mean generally to express an opinion founded on the experience of this summer, that Congress must either invest the Executive with the most arbitrary powers and sufficient force to carry the embargo into effect, or give it up altogether. And in this last case I must confess that, unless a change takes place in the measures of the European powers, I see no alternative but war. But with whom? This is a tremendous question if tested only by policy, and so extraordinary in our situation that it is equally difficult to decide it on the ground of justice, the only one by which I wish the United States to be governed. At all events, I think it the duty of the Executive to contemplate that result as probable, and to be prepared accordingly.”

There can be no more painful task to a man of high principles than to do what Mr. Gallatin was now doing. Not only was he obliged to abandon the fruit of his long labors, and to see even those results that had seemed already gained suddenly cast in doubt, but he was obliged to do this himself by means which he abhorred, and which he did not hesitate to characterize, even to Mr. Jefferson, as “equally dangerous and odious,” “most arbitrary powers,” such as his whole life had offered one long protest against. On this score he had no defence against the ferocity of party assaults; he disdained to attempt a defence; all that could reasonably be said was true, and he felt the consequences more keenly than any one; he uttered no complaints, but accepted the responsibility and kept silence. Others were less discreet.

A. J. DALLAS TO GALLATIN.

30th July, 1808.

... The Spanish affairs have an obvious effect upon our political and territorial position. I do not know the measures or the designs of the government, and of course I cannot say what ought to be done as to foreign nations. As to ourselves, I will candidly tell you that almost everything that is done seems to excite disgust. I lament the state of things, but I verily believe one year more of writing, speaking, and appointing would render Mr. Jefferson a more odious President, even to the Democrats, than John Adams. My only hope is that Mr. Madison’s election may not be affected, nor his administration perplexed, in consequence of the growing dissatisfaction among the reputable members of the Republican party. But I have abandoned politics, and hasten to assure you of the constant love and esteem of all my family for all yours.