The 4th of July (1798) was celebrated with unusual enthusiasm all over the United States, and the black cockade was generally worn. This was the distinctive badge of the Federalists, and a response to the tricolor which Adet had recommended all French citizens to wear in 1794.
On July 5 a resolution was moved to appoint a committee to consider the expediency of declaring, by legislative act, the state of relations between the United States and the French Republic. Mr. Gallatin asked if a declaration of war could not be moved as an amendment, but the speaker, Mr. Dayton, made no reply. Mr. Gallatin objected that Congress could not declare a state of facts by a legislative act. But this view, if tenable then, has long since been abandoned. In witness of which it is only necessary to name the celebrated resolution of the Congress of 1865 with regard to the recognition of a monarchy in Mexico. July 6 the House went into committee of the whole on the state of the Union to consider a bill sent down by the Senate abrogating the treaty with France. The bill was passed on the 16th by a vote of 47 ayes to 37 nays, Gallatin voting in the negative. The House adjourned the same day.
While thus engaged in debates which called into exercise his varied information and displayed not only the extent of his learning but his remarkable powers of reasoning and statement, Mr. Gallatin never lost sight of reform in the administration of the finances of the government. To the success of his efforts to hold the Treasury Department to a strict conformity with his theory of administration, Mr. Wolcott, the secretary, gave ample if unwilling testimony. To Hamilton he wrote on April 5, 1798, “The management of the Treasury becomes more and more difficult. The legislature will not pass laws in gross; their appropriations are minute. Gallatin, to whom they yield, is evidently intending to break down this department by charging it with an impracticable detail.”
During these warm discussions Gallatin rarely lost his self-control. Writing to his old friend Lesdernier at this period, he said, “You may remember I am blessed with a very even temper; it has not been altered by time or politics.”
The third session of the fifth Congress opened on December 3, 1798. On the 8th, when the President was expected, Lieutenant-General Washington and Generals Pinckney and Hamilton entered the hall and took their places on the right of the speaker's chair. They had been recently appointed to command the army of defense.
The President's speech announced no change in the situation. “Nothing,” he said, “is discoverable in the conduct of France which ought to change or relax our measures for defense. On the contrary, to extend and invigorate them is our true policy. An efficient preparation for war can alone insure peace. It must be left to France, if she is indeed desirous of accommodation, to take the requisite steps. The United States will steadily observe the maxims by which they have hitherto been governed.” The reply to this patriotic sentiment was unanimously agreed to, and was most grateful to Adams, who thanked the House for it as “consonant to the characters of representatives of a great and free people.”
On December 27 a peculiar resolution was introduced to punish the usurpation of the executive authority of the government of the United States in carrying on correspondence with the government of any foreign prince or state. Gallatin thought this resolution covered too much ground. The criminality of such acts did not lie in their being usurpations, but in the nature of the crime committed. There was no authority in the Constitution for a grant of such a power to the President. To afford aid and comfort to the enemy was treason, but there was no war, and therefore no enemy. He claimed the right to himself and others to do all in his power to secure a peace, even by correspondence abroad, and he would not admit that the ground taken by the friends of the measure was a proper foundation for a general law. A committee was, however, appointed, in spite of this remonstrance, to consider the propriety of including in the general act all persons who should commence or carry on a correspondence, by a vote of 65 to 23. A bill was reported on January 9, when Gallatin endeavored to attach a proviso that the law should not operate upon persons seeking justice or redress from foreign governments; but his motion was defeated by a vote of 48 to 37. Later, however, a resolution of Mr. Parker, that nothing in the act should be construed to abridge the rights of any citizen to apply for such redress, was adopted by a vote of 69 yeas to 27 nays. On this vote Harper voted yea. Griswold, Otis, Bayard, and Goodrich were found among the nays. Gallatin succeeded in carrying an amendment defining the bill, after which it was passed by a vote of 58 to 36.
Towards the close of January, 1799, a bill was brought in authorizing the President to discontinue the restraints of the act suspending intercourse with the French West India Islands, whenever any persons in authority or command should so request. This was to invite a secession of the French colonies from the mother country. Gallatin deprecated any action which might induce rebellion against authority, or lead to self-government among the people of the islands who were unfit for it. Moreover, such action would remove still further every expectation of an accommodation with France. The bill was passed by a vote of 55 to 37. He objected to the bill to authorize the President to suspend intercourse with Spanish and Dutch ports which should harbor French privateers, as placing an unlimited power to interdict commerce in the hands of the executive. The bill was carried by 55 to 37. On the question of the augmentation of the navy he opposed the building of the seventy-fours.
In February Edward Livingston presented a petition from aliens, natives of Ireland, against the Alien and Sedition laws. Numerous similar petitions followed; one was signed by 18,000 persons in Pennsylvania alone. To postpone consideration of the subject, the Federalists sent these papers to a select committee, against the protests of Livingston and Gallatin. This course was the more peculiar because of the reference of petitions of a similar character in the month previous to the committee of the whole. The Federalists were abusing their majority, and precipitating their unexpected but certain ruin. One more effort was made to repeal the offensive penal act; the constitutional objection was again pleaded, but the repeal was defeated by a vote of 52 in the affirmative. Mr. Gallatin opposed these laws in all their stages, but, failing in this, persistently endeavored to make them as good as possible before they passed. Jefferson later said that nothing could obliterate from the recollection of those who were witnesses of it the courage of Gallatin in the “Days of Terror.”[8] The vote of thanks to Mr. Dayton, the speaker, was carried by a vote of 40 to 22. On March 3, 1800, this Congress adjourned.