“I should have been glad to have avoided any insinuations of party motives; but if motions are laid upon the table to bring about again and again declamations such as have been heard, full of the grossest insinuations, all I can say is that I shall be ready to repel them. If it is the intention of gentlemen constantly to make it appear we are a divided people, I am not willing to stand mute as a mark to be shot at. I shall attack them in my turn as to their motives and principles; I will carry war into their own territory and oppose them on their own ground.”
Mr. Harper responded to this challenge with a defiance that carried an innuendo with it, the meaning of which, whether public or private in its direction, was not and is not obvious:
“Whom does the gentleman expect to frighten by this menace? Let me remind him, before he begins, of an old proverb on which he will do well seriously to reflect: ‘A man living in a glass house should never throw stones at his neighbors.’ The gentleman’s own habitation is exceedingly brittle. A small pebble will be sufficient to demolish it. Let him therefore beware how he rashly provokes a retort.”
And Mr. Harper followed up this defiance by charging Mr. Gallatin himself with gross offences on the score of personality and insinuations. To this Mr. Gallatin at once replied, and his reply is characteristic:
“Notwithstanding what the gentleman from South Carolina has insinuated to the contrary, I believe it will be allowed that the manner in which I argue upon any proposition is as unexceptionable as that of any other member. It is not my custom to depart from a question under discussion; still less have I done it, and that times without number, as that gentleman has done, for the purpose of introducing declamation on the conduct and motives, not of one man, but of all who differ from him in opinion with respect to his favorite measures. By ‘offensive war’ I did not mean personal attack, but a retaliation of that kind of attack which the gentleman from South Carolina himself made. If that member thinks proper to misrepresent the motives of the party opposed to him, I will myself retaliate, not by personality nor by vague assertions, but by bringing forth facts to show the true motives of the party to which that gentleman belongs. As to the personal attacks which he says I have made upon him. What are they? That I charged that gentleman two years ago with not understanding the subject of revenue. Is this personality? Certainly not. How could I resist an argument on the subject of revenue, made by that gentleman, better than by showing that he does not understand the subject, if that is true? And I think, indeed, the gentleman ought to be obliged to me for having told him so; because it led him to attend to the subject, and I believe he understands it much better now than he did then. Unconscious as I am of having made any personal attack upon the gentleman from South Carolina, I shall not be deterred on a proper occasion from carrying into effect that kind of offensive war I alluded to, from that investigation of the true motives of that gentleman’s party, by any threats of personal retaliation, especially from that gentleman. Of whatever materials my house may be composed, it is at least proof against any pebble which that gentleman may cast against it. I believe that both my private and political character, when compared with that of that member, are not in much danger of being hurt by any insinuations coming from that quarter.”
This was perhaps the sharpest thrust that Mr. Gallatin ever allowed himself to make in debate, and its full force could only be appreciated on the spot, where both men were best known.
1799.
During the session he resumed his attacks on the navy, which it was proposed to augment by building six seventy-fours. The President in his speech and the committee in their report had dwelt upon the effect of the naval force already created, in reducing the dangers of capture and the rates of insurance. Mr. Gallatin criticised this argument at some length, and then proceeded to impress the necessity of economy, fortifying himself by a statement which showed that the expense of the permanent establishment, as it now stood, exceeded the revenue by half a million dollars, to which it was proposed to add the cost of a navy. In a second and more elaborate speech, a few days later, he returned to the general question of the advantages of a navy and the unsoundness of the proposition that commerce required one for its protection, or that the commerce of any European state had in fact been protected by her ships of war. England alone had required a naval force for reasons which did not exist in the United States. Commerce depended on wealth and industry, not on a navy; the expense of a naval establishment bore with disproportionate weight on domestic industry. “We have had no navy, no protection to our commerce. During the course of the present war we have been plundered by both parties in a most shameful manner.... Yet year after year our exports and imports have increased in value.” He then discussed the question of increasing the national burdens for the purpose of creating a navy. Mr. Harper had taken the ground that this increase was not to be feared; that the national means increased more rapidly than the national burdens; that we paid less taxes than other nations and could bear an increase of them. “I am not surprised,” said Mr. Gallatin, “that we should at this time pay less taxes than Great Britain, Holland, and France; but paying what we do at present, if we follow their steps, as we are now proposing to do, by building a navy and increasing our debt, it cannot be doubted that before our system has been as long in existence as theirs have been we shall pay as much as they do. What do we pay now? To the general government ten millions of dollars. How much do we pay to the State governments? How much for poor-rates, county taxes, &c.? Suppose these do not exceed two millions of dollars; that will make twelve millions of dollars to be paid by four millions of white people,—about three dollars a head annually. I do not think this is a very low tax.” And he closed by recurring to his favorite proposition that the effect of a navy would be merely to draw us into the political movement of Europe. “I know not,” said he, “whether I have heretofore been indulging myself in a visionary dream, but I had conceived, when contemplating the situation of America, that our distance from the European world might have prevented our being involved in the mischievous politics of Europe, and that we might have lived in peace without armies and navies and without being deeply involved in debt. It is true in this dream I had conceived it would have been our object to have become a happy and not a powerful nation, or at least no way powerful except for self-defence.”
The navy having been provided for, the House fell into a dispute on the reference of certain petitions against the alien and sedition laws. Matthew Lyon, the member from Vermont, had been, during the summer, prosecuted, convicted, and imprisoned under the sedition law. There was great vehemence of feeling on both sides regarding this law, and the majority in the House were unwilling even to hear it discussed. Mr. Gallatin took the occasion to disavow all idea of encouraging resistance to it. “I do not expect the alien law to be repealed, though I have hopes that the sedition law may be repealed; and though I do not believe the alien law to be supported by the Constitution, yet I wish the people to submit to it. So far from desiring to inflame the public opinion on account of it or anything else, I would endeavor to calm the minds of the people, because I know that whenever anarchy shall be produced in any part of the country it will ruin the cause which I wish to support, and tend only to give additional power to the Executive department of the government, which, in my opinion, already possesses too much.” A few days afterwards occurred the curious scene mentioned by Mr. Jefferson in his letter of 26th February, 1799, to Mr. Madison: “Yesterday witnessed a scandalous scene in the House of Representatives. It was the day for taking up the report of their committee against the alien and sedition laws, &c. They held a caucus and determined that not a word should be spoken on their side in answer to anything which should be said on the other. Gallatin took up the alien and Nicholas the sedition law; but after a little while of common silence they began to enter into loud conversations, laugh, cough, &c., so that for the last hour of these gentlemen’s speaking they must have had the lungs of a vendue master to have been heard. Livingston, however, attempted to speak. But after a few sentences the Speaker called him to order and told him what he was saying was not to the question. It was impossible to proceed. The question was taken and carried in favor of the report, fifty-two to forty-eight; the real strength of the two parties is fifty-six to fifty. But two of the latter have not attended this session.”
These two speeches of Mr. Gallatin and Mr. Nicholas were published in pamphlet form and widely circulated. That of Mr. Gallatin was devoted to answering the report of the committee, and followed closely the arguments of that paper; he urged that the doctrine of constructive powers, on which Congress rested its belief of the necessity and propriety of this Act, “substituted in that clause of the Constitution a supposed usefulness or propriety for the necessity expressed and contemplated by the instrument, and would, in fact destroy every limitation of the powers of Congress. It will follow that instead of being bound by any positive rule laid down by their charter, the discretion of Congress, a discretion to be governed by suspicions, alarms, popular clamor, private ambition, and by the views of fluctuating factions, will justify any measure they may choose to adopt.” There was no good answer to this objection, and none has ever been made, but nevertheless it is quite clear that Congress alone can decide upon the necessity and propriety of any Act intended to carry its powers into effect, and that there exists no force in the government which can control its decision. The “necessary and proper” clause, dangerous as it was and is, did not become less dangerous by the defeat of the Federalists and their expulsion from power. The time came when Mr. Gallatin and his present opponents stood in positions precisely reversed, and when he was compelled by the force of circumstances to ask for powers quite as dangerous as those he was now arguing against. Congress granted them, and he exercised them, greatly against his will and amid the denunciations of his Federalist enemies. The logic of events not infrequently proved, in Mr. Gallatin’s experience, more effective than all his theoretical opinions.