The Life of Albert Gallatin. Adams Henry
having withdrawn, and Richard Brent become hypochondriac, we were reduced during the important Congress of 1797-1799 to Ed. Livingston, John Nicholas, and myself, whilst the Federalists received the accession of Bayard and Otis. John Marshall came in addition for the Congress of 1799-1801, and we were recruited by John Randolph and Joseph Nicholson.”
“The ground which I occupied in that body [Congress] is well known, and I need not dwell on the share I took in all the important debates and on the great questions which during that period (1795-1801) agitated the public mind, in 1796 the British treaty, in 1798-1800 the hostilities with France and the various unnecessary and obnoxious measures by which the Federal party destroyed itself. It is certainly a subject of self-gratulation that I should have been allowed to take the lead with such coadjutors as Madison, Giles, Livingston, and Nicholas, and that when deprived of the powerful assistance of the two first, who had both withdrawn in 1798, I was able to contend on equal terms with the host of talents collected in the Federal party, – Griswold, Bayard, Harper, Goodrich, Otis, Smith, Sitgreaves, Dana, and even J. Marshall. Yet I was destitute of eloquence, and had to surmount the great obstacle of speaking in a foreign language, with a very bad pronunciation. My advantages consisted in laborious investigation, habits of analysis, thorough knowledge of the subjects under discussion, and more extensive general information, due to an excellent early education, to which I think I may add quickness of apprehension and a sound judgment.
“A member of the opposition during the whole period, it could not have been expected that many important measures should have been successfully introduced by me. Yet an impulse was given in some respects which had a powerful influence on the spirit and leading principles of subsequent Administrations. The principal questions in which I was engaged related to constitutional construction or to the finances. Though not quite so orthodox on the first subject as my Virginia friends (witness the United States Bank and internal improvements), I was opposed to any usurpation of powers by the general government. But I was specially jealous of Executive encroachments, and to keep that branch within the strict limits of Constitution and of law, allowing no more discretion than what appeared strictly necessary, was my constant effort.
“The financial department in the House was quite vacant, so far at least as the opposition was concerned; and having made myself complete master of the subject and occupied that field almost exclusively, it is not astonishing that my views should have been adopted by the Republican party and been acted upon when they came into power. My first step was to have a standing committee of ways and means appointed. That this should not have been sooner done proves the existing bias in favor of increasing as far as possible the power of the Executive branch. The next thing was to demonstrate that the expenditure had till then exceeded the income: the remedy proposed was economy. Economy means order and skill; and after having determined the proper and necessary objects of expense, the Legislature cannot enforce true economy otherwise than by making specific appropriations. Even these must be made with due knowledge of the subject, since, if carried too far by too many subdivisions, they become injurious, if not impracticable. This subject has ever been a bone of contention between the legislative and executive branches in every representative government, and it is in reality the only proper and efficient legislative check on executive prodigality.
“Respecting the objects of expenditure, there was not, apart from that connected with the French hostilities, any other subject of division but that of the navy. And the true question was whether the creation of an efficient navy should be postponed to the payment of the public debt.” …
During Mr. Gallatin’s maiden session of Congress, the exciting winter of 1795-96, when the first of our great party contests took place, not even a private letter seems to have been written by him that throws light on his acts or thoughts. His wife was with him in Philadelphia. If he wrote confidentially to any other person, his letters are now lost. The only material for his biography is in the Annals of Congress and in his speeches, with the replies they provoked; a material long since worn threadbare by biographers and historians.
Of all portions of our national history none has been more often or more carefully described and discussed than the struggle over Mr. Jay’s treaty. No candid man can deny that there was at the time ample room for honest difference of opinion in regard to the national policy. That Mr. Jay’s treaty was a bad one few persons even then ventured to dispute; no one would venture on its merits to defend it now. There has been no moment since 1810 when the United States would have hesitated to prefer war rather than peace on such terms. No excuse in the temporary advantages which the treaty gained can wholly palliate the concessions of principle which it yielded, and no considerations of a possible war with England averted or postponed can blind history to the fact that this blessing of peace was obtained by the sacrifice of national consistency and by the violation of neutrality towards France. The treaty recognized the right of Great Britain to capture French property in American vessels, whilst British property in the same situation was protected from capture by our previous treaty with France; and, what was yet worse, the acknowledgment that provisions might be treated as contraband not only contradicted all our principles, but subjected the United States government to the charge of a mean connivance in the British effort to famish France, while securing America from pecuniary loss.
Nevertheless, for good and solid reasons, the Senate at the time approved, and President Washington, after long deliberation, signed, the treaty. The fear of a war with Great Britain, the desire to gain possession of the Western posts, and the commercial interests involved in a neutral trade daily becoming more lucrative, were the chief motives to this course. So far as Mr. Gallatin’s private opinions were concerned, it is probable that no one felt much more aversion to the treaty than he did; but before he took his seat in Congress the Senate had approved and the President had signed it; a strong feeling in its favor existed among his own constituents, always in dread of Indian difficulties; the treaty, in short, was law, and the House had only to consider the legislation necessary to carry it into effect.
Bad as the treaty was, both in its omissions and in its admissions, as a matter of foreign relations, these defects were almost trifles when compared with its mischievous results at home. It thrust a sword into the body politic. So far as it went, and it went no small distance, it tended to overturn the established balance of our neutrality and to throw the country into the arms of England. Nothing could have so effectually arrayed the two great domestic parties in sharply defined opposition to each other, and nothing could have aroused more bitterness of personal feeling. In recent times there has been a general disposition to explain away and to soften down the opinions and passions of that day; to throw a veil over their violence; to imagine a possible middle ground, from which the acts and motives of all parties will appear patriotic and wise, and their extravagance a mere misunderstanding. Such treatment of history makes both parties ridiculous. The two brilliant men who led the two great divisions of national thought were not mere declaimers; they never for a moment misunderstood each other; they were in deadly earnest, and no compromise between them ever was or ever will be possible. Mr. Jefferson meant that the American system should be a democracy, and he would rather have let the world perish than that this principle, which to him represented all that man was worth, should fail. Mr. Hamilton considered democracy a fatal curse, and meant to stop its progress. The partial truce which the first Administration of Washington had imposed on both parties, although really closed by the retirement of Mr. Jefferson from the Cabinet, was finally broken only by the arrival of Mr. Jay’s treaty. From that moment repose was impossible until one party or the other had triumphed beyond hope of resistance; and it was easy to see which of the two parties must triumph in the end.
One of the immediate and most dangerous results of the British treaty was to put the new Constitution to a very serious test. The theory which divides our government into departments, executive, legislative, and judicial, and which makes each department supreme in its own sphere, could not be worked out with even theoretical perfection; the framers of the Constitution were themselves obliged to admit exceptions in this arrangement of powers, and one of the most serious exceptions related to treaties. The Constitution begins by saying, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives,” and proceeds to give Congress the express power “to make all laws which shall be necessary and proper for carrying into execution