CHAPTER CLV.

GREAT discord existed in Pennsylvania, one branch of its legislature was Federal, the other Democratic. McKean recently elected Governor, appeared, in this emergency, to have abandoned all his violence. His address, soothingly urged, that they should be "superior to the suggestions of party, disdain a contest about forms, and yield to the precedents of other States." Each house was nevertheless resolute. The contest terminated in a compromise, which gave one Democratic majority in the number of electors.

Adams was now seen to vary his course with each change in the aspect of his fortunes. For a time he endeavored to be calm and discreet, and discovered a desire to propitiate the Federalists, whom he had denounced. At another time, the dangers of party spirit, were deprecated by him. The support of him was stated to turn upon the question, whether

a man is fit to administer the government who confides more in his own reading and experience than in the advice of younger men ;

* "Pennsylvania is reduced to a situation truly to be commiserated. A high spirit in favor of the Government had been excited; and, if it had not afterwards been discouraged, Ross would have been elected Governor. In no State, has the mission to France produced so violent a counteraction as in Pennsylvania." Wolcott to Ames. Gibbs, ii. 403.

or, who, in the simplicity of an honest mind, mistakes a sarcasm for a compliment. If the present President has not the prudence of his predecessor, he has evinced equal patriotism and more confidence in his own opinions, a confidence which events have hitherto justified. The man who shall, in the present equalized state of parties, determine to go all lengths with the one or the other, will hazard a revolution by violence. If the present President and Vice-President could be elected by united suffrages, it would probably be the most fortunate event for the United States."

This vain attempt at conciliation was derided by the Democracy, confident of success; and was regarded by the leading Federalists, as the last feeble effort of a man too weak to meet adversity with dignity.

On the day this overture was published, the Congress assembled at Washington. The Speech recommended a revision of the Judiciary system; announced the conclusion of a treaty with Prussia; referred to the pending negotiation with Great Britain, and mentioned that the envoys to France had been received with respect, which excited a hope of success. But it urged nevertheless the establishment of a navy "adapted to defensive war," the fortification of the principal seaports and harbors; and provisions for the manufacture of arms. The product of the revenue was stated to have been larger than that of any former year, a result which af forded "conclusive evidence of the great resources of this country, and of the wisdom and efficiency of the measures which have been adopted by Congress for the protection of commerce and preservation of public credit."

The Senate, after a warm tribute to the memory of Washington, expressed their determination to carry into effect the measures recommended by the President, dep

* Nov. 22, 1800.

recating innovations which might impair the sacred bond that cements the different parts of this Republic. The Address of the House commended the defensive policy which had been adopted, and adverted with satisfaction to the "great and rapid increase of revenue which had arisen from permanent taxes."

After a renewal of the propositions made at the previous session for amending the provisions of the Constitution, which related to the mode of choosing electors of President and members of the House of Representatives; a subject of commanding importance was considered. It was a bill to provide for the more convenient organization of the courts of the United States, which, after much opposition, became a law. An act to continue in force the laws raising an internal revenue was much discussed. After an effort to defeat it, this act also passed; and the law prescribing the mode of valuation under the direct tax was amended.

While these subjects were before the House, General Davie arrived in the United States, bringing with him a Convention concluded with France on the thirtieth of October previous. He was also the bearer of a letter to Hamilton from Ellsworth, covering a copy of this document, and a journal of the proceedings of the negotiators. This communication from a person who had been a leading member of the Senate, and Chief-Justice of the United States, shows his sense of the influential position of Hamilton.

The primary object of the instructions to the envoys was indemnity for the spoliations committed under the color of authority from the French Republic or its agents. Of these the captures made, because the vessels were laden with goods coming from England or her possessions, or because they were not provided with the role

d'equipage prescribed by the laws of France, or for the want of other papers when clearly American-or when disposed of without a regular trial and condemnation, were indicated as the most important subjects of recla

mation.

Such indemnity being pledged, and a mode for ascertaining it being provided, by which also claims for injuries to France or her subjects were to be adjusted, a treaty of commerce on the basis of reciprocity was to be made, securing, if possible, a free admission to the French colonies. Such treaty was to proceed without this indemnity, in the contingency of France waiving her national claims, when a similar waiver might be made on behalf of the United States. Sales of prizes by the Consuls of either party in the territory of the other were to be prohibited, as was also any original arming or increase of a former armament in the ports of the neutral party; and the trade of either party to the ports of the other was to be perfectly free, except as to contraband articles, which were enumerated. Sequestrations or confiscations of debts in funded property or in public or private banks, in case of war, were not to be made. This article with that relating to compensations for captures was to be permanent, the other articles were not to extend beyond ten or twelve years.

The ultimata were declared to be the prescribed provisions for compensation; that the former treaties and Consular convention should not in the whole nor in part be revived, but that all the engagements of the United States should be specified in a new treaty,—that no guarantee should be stipulated of any part of the dominions of France, nor any engagements in the nature of an alliance, that no aid or loan should be promised in any form,—that no engagement be made, inconsistent with the obligations of

any prior treaty,-that no stipulation should be entered into granting Consular powers under color of which France might establish tribunals within the United States; or personal privileges be claimed by Frenchmen incompatible with the complete sovereignty of the United States; and that the duration of the treaty should not exceed twelve years. Thus, it is seen, that, in fulfilment of Hamilton's policy, besides securing indemnity for the spoliations of its commerce, every precaution was taken to prevent the recurrence of acts by which the sovereignty and neutrality of this Republic had been violated ; and that the noxious preferences, and the dangerous guarantee granted by the treaty of seventeen hundred seventyeight, were to be excluded.

The actual conduct of this negotiation was confided by Bonaparte to Talleyrand, and exhibited in its progress his great address. The claim for redress was met by a suggestion, that the first object would be to determine the mode of procedure for the valuation and indemnification of injuries; and the second, to ensure the execution of the treaties of seventy-eight. Evidence of the suspension of the hostile acts of Congress was also asked.

A plan of a treaty in conformity with their instructions, was submitted by the envoys, who stated that the ancient treaties having been rescinded, a priority had attached in favor of the treaty with Great Britain. This view was not acceded to, Bonaparte insisting, that the ancient treaties ought to be the basis of negotiation, they only giving the right to compensation; and avowing, that no treaty could be concluded, which did not place France at least on a footing of equality with Great Britain. After some delay, the envoys proposed that the payment of the indemnities should be suspended until the United States should have offered an article to France, re-establish