[47] This was a party election, and as such conducted on both sides. Marshall, in his Life of Washington, says of it: "By each party a candidate for the chair was brought forward; and Mr. Muhlenberg, who was supported by the opposition, was elected by a majority of ten votes against Mr. Sedgwick whom the Federalists supported."
[48] The debate on this subject was one of the most elaborate, and most replete with knowledge of commercial principles and statistics, which our Congress has furnished. It grew out of the clause in the constitution which gave Congress power to regulate commerce with foreign nations, and gives the interpretation of that clause by its authors, which was wholly different in its nature, as well as distinct in its grant, from the power to lay and collect duties on imports. The latter was to raise revenue: the former to coerce nations into reciprocity of liberal trade with us by making a discrimination in the trade of nations to the disadvantage of the nations which refused to come into reciprocal arrangements with us. The discrimination proposed by Mr. Madison was 5 per centum, and was levelled against Britain, and was only defeated by five votes. In this great debate, as in that upon the Bank of the United States, the genius of Hamilton and Jefferson were pitted against each other, each having made opposite reports on each question, which were the magazines from which the opposing speakers in Congress chiefly armed themselves—Mr. Madison being the chief exponent of the Jeffersonian side, and Mr. William Smith, of South Carolina, that of General Hamilton. It is curious that while this power to regulate foreign commerce by Congress, was one of the chief causes for forming the Federal Government, yet it has never been exercised by Congress, and seems to be a power overlooked, or confounded with that to lay duties and imposts for revenue. Though not yet exercised, it is a power which has found need for its exercise, and will find it again. Our immense commerce, if all articles are taxed even moderately, will produce far more revenue than the economical and fair administration of the Government would require: a large part of it would be left free, as after the payment of the public debt in President Jackson's time; and as may be again after the extinction of the public debt, and the introduction of economy into the expenditures. A moderate duty on two-thirds of the importations may then be sufficient for the expenditures of the Government, leaving (say) one-third to go upon the free list. Now the nations which receive the chief benefit of that large free importation ought to reciprocate the favor by taking something free, or at a moderate duty, from us. "Free commerce is not to be given in exchange for burthens and impositions;" and that was the principle of Mr. Madison's resolutions, which were barely defeated, and that by the influence of the mercantile class engaged in commerce with Great Britain. A full view of this subject is given in the first volume of the Thirty Years' View, in giving an account of the effort of the author to revive Mr. Madison's plan.
[49] It is grateful to behold the immense progress which the humanity of nations has made. Great Britain is no longer subject to the imputation of exciting pirates and savages against us. She has long since ceased to instigate Indian hostilities, and long ago joined us in humbling Algiers. Far from stimulating barbarian war, she even interposes to save us from civilized war with great nations—witness the proffered mediation of William the Fourth to settle the difficulty between France and the United States, in General Jackson's time: a beautiful instance of old animosity extinct under time, and former evil deeds succeeded by works of kindness and respect.
[50] This seventh, article stipulated indemnity to the owners of the deported slaves.
[51] Mr. Jefferson resigned his place of Secretary of State at the end of this session, and was succeeded by Mr. Edmund Randolph, of Virginia. Of the resignation and character of Mr. Jefferson, Marshall thus speaks: "This gentleman withdrew from political station at a moment when he stood particularly high in the esteem of his countrymen. His fixed opposition to the financial schemes which had been proposed by the Secretary of the Treasury, and approved by the Legislative and Executive Departments of the Government; his ardent and undisguised attachment to the revolutionary party in France; the dispositions which he was declared to possess in regard to Great Britain; and the popularity of his opinions respecting the Constitution of the United States; had devoted to him that immense party whose sentiments were supposed to comport with his on most or all of these interesting subjects. To the opposite party he had, of course, become particularly unacceptable. But the publication of his correspondence with the French minister, Genet, dissipated much of the prejudice which had been excited against him. He had, in that correspondence, maintained, with great ability, the opinions embraced by the Federalists on those points of difference which had arisen between the two Republics, and which, having become universally the subjects of discussion, had in some measure dissipated those topics on which parties had previously divided."
[52] The ratification of the Treaty, with the exception of the 12th article, was by the following vote: Yeas—Messrs. Bingham, Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, Henry, King, Latimer, Livermore, Marshall, Paine, Potts, Read, Ross, Rutherford, Strong, Trumbull, and Vining—20. Nays—Messrs. Bloodworth, Brown, Burr, Butler, Jackson, Langdon, Martin, Mason, Robinson, and Tazewell—10. This excepted article related to the direct trade with the British West Indies; and the recommendation added to the clause of ratification was with a view to obtain the full enjoyment of that trade. This was in the year 1795, and the object of the recommendation was not obtained until above thirty years thereafter, and under the administration of General Jackson.
[53] This recommendation to treat further for obtaining indemnity for the slaves carried off by the British during the Revolution, remained without effect, and all claim to that indemnification was relinquished by the treaty of 1796. But the same deportation of slaves took place in the war of 1812, followed by the same stipulation for indemnity in the treaty which closed that war, which was contained in the treaty which closed the war of the Revolution; and attended by the same refusal to comply with it. It was not until after twelve years of further negotiation, and under the administration of Mr. John Quincy Adams, and under the arbitrament of the Emperor Alexander, of Russia, that indemnity for these deported slaves of 1812 was received.
[54] This was the first instance of any heated debate in answering an address from Washington. It became a party discussion on some points, especially in relation to what was said of the Democratic societies. Marshall says of it: "A very eloquent and animated debate ensued, which terminated in the Committee of the Whole by striking out the words, "self-created societies"—47 voting for, and 45 against expunging them." The question was renewed in the House; and the Chairman of the committee being opposed in sentiment to the Speaker, who was now placed in the chair, the majority was precisely changed, and the words were reinstated. This was a victory for the Administration, but soon lost, the next being in favor of the opposition.
[55] He resigned accordingly, no further investigation being moved with respect to him. Recording the event, Marshall says: "Seldom has any minister excited in a higher, or more extensive degree than General Hamilton, the opposite passions of love and hate. His talents were of a grade too exalted not to receive from all the tribute of profound respect; and his integrity and honor as a man, not less than his official rectitude, though slandered at a distance, were admitted to be superior to reproach by those enemies who knew him."
[56] A celebrated painter who died in 1554. Speaking of this artist, Henry the Eighth once said, "Out of seven ploughmen I can make seven Lords, but out of seven Lords I cannot make even one Holbein."