1802.

As has been already seen, the public land system was organized under the previous Administrations, but it took shape and found its great development in Mr. Gallatin’s hands. When the Administration of Mr. Jefferson came into power there were sixteen States in the Union, all of them, except Kentucky and Tennessee, lying on or near the Atlantic seaboard; at that time the Mississippi River bounded our territory to the westward, and the 31st parallel, which is still the northern line of portions of the States of Florida and Louisiana, was our southern boundary until it met the Mississippi. The public lands lay therefore in two great masses, divided by the States of Kentucky and Tenneesee; one of these masses was north of the Ohio River, extending to the lakes, the other west of Georgia, and both extended to the Mississippi. As yet the Indian titles had been extinguished over comparatively small portions of these territories, and in the process of managing her part of the lands the State of Georgia had succeeded in creating an entanglement so complicated as to defy all ordinary means of extrication. One of the first duties thrown upon Mr. Gallatin was that of acting, together with Mr. Madison and Mr. Lincoln, as commissioner on the part of the United States, to effect a compromise with the State of Georgia in regard to the boundary of that State and the settlement of the various claims already existing under different titles. Mr. Gallatin assumed the principal burden of the work, and the settlement effected by him closed this fruitful source of annoyances, fixed the western boundary of Georgia, and opened the way to the gradual development of the land system in the Alabama region. This settlement was the work of two years, but it was so deeply complicated with the famous Yazoo corruptions that fully ten years passed before the subject ceased to disturb politics.

At the same time he took in hand the affairs of the North-Western Territory. The more eastern portion of this vast domain had already a population sufficient to entitle it to admission as a State, and the subject came before Congress on the petition of its inhabitants. It was referred to a select committee, of which Mr. William B. Giles was chairman, and this committee in February, 1802, made a report based upon and accompanied by a letter from Mr. Gallatin.[56] The only difficulty presented in this case was that “of making some effectual provisions which may secure to the United States the proceeds of the sales of the western lands, so far at least as the same may be necessary to discharge the public debt for which they are solemnly pledged.” To secure this result Mr. Gallatin proposed to insert in the act of admission a clause to that effect, but in order to obtain its acceptance by the State convention he suggested that an equivalent should be offered, which consisted in the reservation of one section in each township for the use of schools, in the grant of the Scioto salt springs, and in the reservation of one-tenth of the net proceeds of the land, to be applied to the building of roads from the Atlantic coast across Ohio. Congress reduced this reservation one-half, so that one-twentieth instead of one-tenth was reserved for roads; but, with this exception, all Mr. Gallatin’s ideas were embodied in a law passed on the 30th April, 1802, under which Ohio entered the Union. This was the origin of the once famous National Road, and the first step in the system of internal improvements, of which more will be said hereafter.

The details of organization of the land system belong more properly to the history of the new Territories and States than to a biography.[57] They implied much labor and minute attention, but they are not interesting, and they may be omitted here. There remains but one subject which Mr. Gallatin had much at heart, and which he earnestly pressed both upon the Administration and upon Congress. This was his old legislative doctrine of specific appropriations, which he caused Mr. Jefferson to introduce into his first message, and which he then seems to have persuaded his friend Joseph H. Nicholson to take in charge as the chairman of a special committee. At the request of this committee, Mr. Gallatin made a statement at considerable length on the 1st March, 1802.[58] The burden of this document was that too much arbitrary power had been left to the Secretary of the Treasury to put his own construction on the appropriation laws, and that no proper check existed over the War and Navy Departments; the remedies suggested were specific appropriations and direct accountability of the War and Navy Departments to the Treasury officers. Mr. Nicholson accordingly introduced a bill for these purposes on April 8, 1802, but it was never debated, and it went over as unfinished business. Probably the resistance of the Navy Department prevented its adoption, for the letters of Mr. Gallatin to Mr. Jefferson, quoted above, show how utterly Mr. Gallatin failed in securing the exactness and accountability in that Department which he had so persistently demanded. Nor was this all. Probably nothing was farther from Mr. Gallatin’s mind than to make of this effort a party demonstration. He was quite in earnest and quite right in saying that the practice had hitherto been loose and that it should be reformed, but his interest lay not in attacking the late Administration so much as in reforming his own. Unfortunately, the charge of loose practices under the former Administrations, unavoidable though it was, and indubitably correct, roused a storm of party feeling and even called out a pamphlet from the late Secretary of the Treasury, Wolcott. Mr. Gallatin therefore not only was charged with slandering the late Administration, but was obliged to submit to see the very vices which he complained of in it perpetuated in his own.

These were the great points of public policy on which Mr. Gallatin’s mind was engaged during his first year of office, and it is evident that they were enough to absorb his entire attention. The mass of details to be studied and of operations to be learned or watched completely weighed him down, and caused him ever to look back upon this year as the most laborious of his life. The mere recollection of this labor afterwards made him shrink from the idea of returning to the Treasury when it was again pressed upon him in later years: “To fill that office in the manner I did, and as it ought to be filled, is a most laborious task and labor of the most tedious kind. To fit myself for it, to be able to understand thoroughly, to embrace and to control all its details, took from me, during the two first years I held it, every hour of the day and many of the night, and had nearly brought a pulmonary complaint.”[59] Fortunately, his mind was not, in these early days of power, greatly agitated by anxieties or complications in public affairs. The whole struggle which had tortured the two previous Administrations both abroad and at home, the internecine contest between France and her enemies, was for a time at an end; Mr. Madison had nothing on his hands but the vexatious troubles with the Algerine powers, in regard to which there was no serious difference of opinion in America; Congress was mainly occupied with the repeal of the judiciary bill, a subject which did not closely touch Mr. Gallatin’s interests otherwise than as a measure of economy; Mr. Jefferson’s keenest anxieties, as shown in his correspondence of this year, seem to have regarded the distribution of offices and the management of party schisms. After the tempestuous violence of the two last Administrations the country was glad of repose, and its economical interests assumed almost exclusive importance for a time.

It was at this period of his life that Gilbert Stuart painted the portrait, an engraving of which faces the title-page of this volume. Mrs. Gallatin always complained that her husband’s features were softened and enfeebled in this painting until their character was lost. Softened though they be, enough is left to show the shape and the poise of the head, the outlines of the features, and the expression of the eyes. Set side by side with the heads of Jefferson and Madison, this portrait suggests curious contrasts and analogies, but, looked at in whatever light one will, there is in it a sense of repose, an absence of nervous restlessness, mental or physical, unusual in American politicians; and, unless Stuart’s hand for once forgot its cunning, he saw in Mr. Gallatin’s face a capacity for abstraction and self-absorption often, if not always, associated with very high mental power; an habitual concentration within himself, which was liable to be interpreted as a sense of personal superiority, however carefully concealed or controlled, and a habit of judging men with judgments the more absolute because very rarely expressed. The faculty of reticence is stamped on the canvas, although the keen observation and the shrewd, habitual caution, so marked in the long, prominent nose, are lost in the feebleness of the mouth, which never existed in the original. Mr. Gallatin lived to have two excellent portraits taken by the daguerreotype process. Students of character will find amusement in comparing these with Stuart’s painting. Age had brought out in strong relief the shrewd and slightly humorous expression of the mouth; the most fluent and agreeable talker of his time was still the most laborious analyzer and silent observer; the consciousness of personal superiority was more strongly apparent than ever; but the man had lost his control over events and his confidence in results; he had become a critic, and, however genial and conscientious his criticism might be, he had a deeper sense of isolation than fifty years before.

In person he was rather tall than short, about five feet nine or ten inches high, with a compact figure, and a weight of about one hundred and fifty pounds. His complexion was dark; his hair black; but when Stuart painted him he was already decidedly bald. His eyes were hazel, and, if one may judge from the painting, they were the best feature in his face.

Of his social life, his private impressions, and his intimate conversation with the persons most in his confidence at this time, not a trace can now be recovered. Rarely separated from his wife and children, except for short intervals in summer, he had no occasion to write domestic letters, and his correspondence, even with Mr. Jefferson, was for the most part engrossed by office-seeking and office-giving. After some intermediate experiment he at last took a house on Capitol Hill, where he remained through his whole term of office. When the British army entered Washington in 1814, a shot fired from this house at their general caused the troops to attack and destroy it, and even its site is now lost, owing to the extension of the Capitol grounds on that side. It stood north-east of the Capitol, on the Bladensburg Road, and its close neighborhood to the Houses of Congress brought Mr. Gallatin into intimate social relations with the members. The principal adherents of the Administration in Congress were always on terms of intimacy in Mr. Gallatin’s house, and much of the confidential communication between Mr. Jefferson and his party in the Legislature passed through this channel. Nathaniel Macon, the Speaker; John Randolph, the leader of the House; Joseph H. Nicholson, one of its most active members; Wilson Cary Nicholas, Senator from Virginia; Abraham Baldwin, Senator from Georgia, and numbers of less influential leaders, were constantly here, and Mr. Gallatin’s long service in Congress and his great influence there continued for some years to operate in his favor. But the communication was almost entirely oral, and hardly a trace of it has been preserved either in the writings of Mr. Gallatin or in those of his contemporaries. For several years the government worked smoothly; no man appeared among the Republicans with either the disposition or the courage to oppose Mr. Jefferson, and every moment of Mr. Gallatin’s time was absorbed in attention to the duties of his Department, on which the principal weight of responsibility fell.

The adjournment of Congress on May 3, 1802, left the Administration at leisure to carry on the business of government without interruption. Mr. Gallatin immediately afterwards took his wife and family to New York, where, as now became their custom, they passed the summer with Commodore Nicholson, and where Mr. Gallatin himself was in the habit of joining them during the unhealthy season of the Washington climate, when the Administration usually broke up. “Grumble who will,” wrote Mr. Jefferson, “I will never pass those months on tidewater.” Leaving his wife in New York, Mr. Gallatin returned to his work at Washington. On these journeys he usually stopped at Baltimore to visit the Nicholsons, and at Philadelphia to see Mr. and Mrs. Dallas. The society of Washington was small and intimate, but seems to have had no very strong hold over him. He was much in the habit, when left alone there, of dining informally with Mr. Jefferson and Mr. Madison. General Dearborn’s family was in close relations with his, and the Laws, who were now at Mount Vernon, were leaders of fashionable society. But his residence at Washington was saddened in the month of April of this year, by the loss of an infant daughter, a misfortune followed in 1805 and 1808 by two others almost precisely similar, which tended to throw a dark shadow over the Washington life and to make society distasteful. His close attention to business seems at this time to have affected his health, and the absence of his family still more affected his spirits. He worked persistently to get the business of his office into a condition that would enable him to rejoin his wife for a time, and almost the only glimpse of society his letters furnish is contained in the following extract, which has a certain interest as characteristic of his political feelings:

GALLATIN TO HIS WIFE.

Washington, 7th July, 1802.

... Monday all the city, ladies and gentlemen, dined in a tent near the navy yard; we were about 150 in company. I suppose every one enjoyed it as’ his spirits permitted; to me it looked very sober and dull. Indeed, dinners of a political cast cannot, in the present state of parties, be very cheerful unless confined to one party. It is unfortunate, but it is true. I had another cause which damped my spirits. We were in an enclosure formed with sails stretched about six feet high, and some marines were placed as sentries to prevent intrusion; for the arrangements had been made by Burrows and Tingey. The very sight of a bayonet to preserve order amongst citizens rouses my indignation, and you may judge of my feelings when I tell you that one of the sentries actually stabbed a mechanic who abused him because he had been ordered away. The bayonet went six inches in his body and close to his heart. He is not dead, but still in great danger, and the marine in jail. Such are the effects of what is called discipline in times of peace. The distribution of our little army to distant garrisons where hardly any other inhabitant is to be found is the most eligible arrangement of that perhaps necessary evil that can be contrived. But I never want to see the face of one in our cities and intermixed with the people. The mammoth cheese was cut on Monday; it is said to be good; I found it detestable.

 

At length he succeeded in getting away, but was obliged to return in August, and his letters became wails of despair, in which there was always a little mingling of humor. The following is a specimen:

GALLATIN TO HIS WIFE.

Washington, August 17, 1802.

... As to myself I cannot complain, but yet am as low-spirited as before; it will never do for me to keep house apart from you and in this hateful place. I am told that even within five or six miles from this place, and off the waters, intermittent and bilious complaints are unknown.... I am good for nothing during your absence; the servants do what they please; everything goes as it pleases. I smoke and sleep; mind nothing,—neither chairs, bedstead, or house,—ten to one whether I will call on Mrs. Carroll till your return. All those concerns you must mind. I grow more indolent and unsociable every day. If I have not you, and the children, and the sisters in a very short time, I cannot tell what will become of me. I have not called on Mrs. Law, though she sent a message to know when you and Maria were expected. How is Maria? as prudish as ever? I wish she was in love. You do not perceive the connection, perhaps, but I do. Tell her, ugly as I am, I love her dearly, that is to say, as much as my apathy will permit.... I have been so gloomy this summer that I mean to frolic all next winter with the girls,—assemblies, dinners, card-parties, abroad and at home. You, my dear, will stay home to nurse the children and entertain political visitors....

24th August, 1802.

... Nothing but the hope of seeing you soon has kept in any degree my spirits from sinking. Whether in the plains or over the hills, whether in city or in retreat, I cannot live without you. It is trifling with that share of happiness which Providence permits us to enjoy to be forever again and again parted. I am now good for nothing but for you, and good for nothing without you; you will say that anyhow I am not good for much; that may be, but such as I am, you are mine, and you are my comfort, my joy, and the darling of my soul. Now do not go and show this to Maria; not that I am ashamed of it, for I glory in my love for you; but she will think my expressing myself that way very foolish, and I am afraid of her.

 

Early in October, 1802, they were again in Washington, and Mr. Gallatin resumed work with more philosophy. The rest of the Cabinet gradually assembled. When the time came for the Secretary of the Treasury to make his annual report to Congress, he was able to say, as the result of his first year’s administration, that the revenue from import duties, instead of $9,500,000 as he had estimated, had produced $12,280,000, a sum which exceeded “by $1,200,000 the aggregate heretofore collected in any one year, on account of both the import and the internal duties repealed by an Act of last session.” The report, however, was still cautious in its estimates for the future; in the face of possible losses in revenue, arising from peace in Europe, it adhered closely to last year’s estimates, and in the face of navy deficits for 1801 and 1802 still maintained $1,700,000 as the total appropriation for army and navy combined. The receipts and expenditures were still to be $10,000,000, and last year’s excess was to be held as a protection against a possible falling off in the revenue.

In his notes on the draft of Mr. Jefferson’s annual message, Mr. Gallatin’s criticisms this year seem to express the satisfaction he doubtless felt at the success they had met. Mr. Jefferson’s weakest side was his want of a sense of humor and his consequent blind exposure to ridicule. Mr. Gallatin himself now and then ventured to indulge a little of his own sense of humor at the cost of his chief, as, for instance, when he criticised the first paragraph of this message as follows: “As to style, I am a bad judge; but I do not like in the first paragraph the idea of limiting the quantum of thankfulness due to the Supreme Being, and there is also, it seems, too much said of the Indians in the enumerations of our blessings in the next sentence.” But occasionally he flatly opposed Mr. Jefferson’s favorite schemes, and it is curious to notice the results in some of these cases. This year, in regard to Mr. Jefferson’s famous recommendation of dry-docks at Washington, Mr. Gallatin’s note said: “I am in toto against this recommendation, 1st, because, so long as the Mediterranean war lasts, we will not have any money to spare for the navy; and 2d, because, if dry-docks are necessary, so long as we have six navy-yards, it seems to me that a general recommendation would be sufficient, leaving the Legislature free either to designate the place or to trust the Executive with the selection.” This was certainly travelling out of his own department into the bounds of another, and Mr. Jefferson adhered to his dry-docks in spite of Mr. Gallatin, who told him that the scheme would not command thirty votes in Congress; and this turned out to be the case.

1801-1813.

But the Mediterranean war was Mr. Gallatin’s great annoyance at present. His letters to Mr. Jefferson show how persistently he pressed his wish for peace. In one, dated August 16, 1802, he said: “I sincerely wish you could reconcile it to yourself to empower our negotiators to give, if necessary for peace [with Tunis, Tripoli, and Morocco], an annuity to Tripoli. I consider it no greater disgrace to pay them than Algiers. And, indeed, we share the dishonor of paying those barbarians with so many nations as powerful and interested as ourselves, that, in our present situation, I consider it a mere matter of calculation whether the purchase of peace is not cheaper than the expense of a war, which shall not even give us the free use of the Mediterranean trade.... Eight years hence we shall, I trust, be able to assume a different tone; but our exertions at present consume the seeds of our greatness and retard to an indefinite time the epoch of our strength.”

But the Tripolitan war and the difficulties with Morocco were soon thrown into the shade by events of a much more serious kind, which threatened to break down Mr. Gallatin’s arrangements in a summary way. In the course of the summer of 1802 it had become known that France, by a secret treaty, had acquired Louisiana from Spain, and had determined to take possession of that province. While our minister in Paris was reporting the progress of the movements which were to place a French army across the stream of the lower Mississippi, our government received information in October that the Spanish intendant at New Orleans had interdicted the right of deposit for merchantdise which had hitherto been enjoyed there by our citizens. Kentucky and Tennessee were exasperated at this step, and there was some danger that they might begin a war on their own account. The Administration at once took measures to guard against these perils, so far as was possible. A confidential message was sent to the Senate on January 11, containing the nomination of Mr. Monroe to act with Mr. Livingston, then minister in Paris, as special commissioners for the purchase of the eastern bank of the Mississippi. Another confidential message had been previously sent to the House, which debated upon it in secret session. What passed there is briefly mentioned by Mr. Gallatin in a note of the 3d December, 1805: “A public resolution ... was moved by Randolph and adopted by the House. A committee in the mean while brought in a confidential report to support and justify the President in the purchase he was going to attempt, and to this an appropriation law in general terms was added.”

After a few months of anxiety and silent preparation, the Administration had the profound satisfaction to see this storm disappear as suddenly as it had risen. The renewal of war between England and France led the First Consul not to accept the American offer to purchase Louisiana from the Mississippi to Pensacola, but to propose the sale of all Louisiana, which then embraced the whole western bank of the Mississippi from its source to the Gulf of Mexico. This idea was naturally accepted with eagerness by the Administration, and even Mr. Gallatin seems to have felt for once no hesitation about increasing the national debt, a necessary consequence of the purchase.

1803.

The session, however, did not pass away without producing an attack upon Mr. Gallatin’s management of the Treasury. This attack was not a very serious one, nor is it one that either then or now could be made interesting. The Federal party, which had created the United States Bank, viewed with jealousy the course pursued by the Administration towards that institution. Mr. Jefferson’s letters, in fact, show a deep and not very intelligent hostility to the bank. On the 7th October, 1802, he wrote to Mr. Gallatin that he should make a judicious distribution of his favors among all the banks, since the stock of the United States Bank was held largely by foreigners, and “were the Bank of the United States to swallow up the others and monopolize the whole banking business of the United States, which the demands we furnish them with tend shortly to favor, we might, on a misunderstanding with a foreign power, be immensely embarrassed by any disaffection in that bank.” On the 12th July, 1803, he renewed this proposition from another stand-point: “I am decidedly in favor of making all the banks republican by sharing deposits among them in proportion to the dispositions they show. If the law now forbids it, we should not permit another session of Congress to pass without amending it. It is material to the safety of Republicanism to detach the mercantile interest from its enemies and incorporate them into the body of its friends. A merchant is naturally a Republican, and can be otherwise only from a vitiated state of things.”[60] Mr. Gallatin gently put aside these demonstrations of Mr. Jefferson,[61] and administered his Department on business principles, with as little regard to political influence as possible. He looked on the bank as an instrument that could not be safely thrown away; without it his financial operations would be much more slow, more costly, more hazardous, and more troublesome than with it; indeed, he was quite aware that its fall would necessarily be followed by much financial confusion, and he had no mind to let such experiments in finance come between him and his great administrative objects. He was, therefore, by necessity a friend and protector of the bank.

The Federalists did not yet fully understand this fact, and they were disturbed at learning that Mr. Gallatin had sold, on account of the sinking fund, a certain number of bank shares in order to pay the Dutch debt. The shares were purchased by Alexander Baring under very favorable conditions, and the Federalists showed that they expected little from their motion by making it only on the last day of the session. At the same time Mr. Griswold, in an elaborate speech made on March 2, attacked the accounts of the sinking fund.[62] The only result of these combined attacks was to call out replies from the Administration speakers and a long letter from Mr. Gallatin himself on the operations of the sinking fund. This letter, replying to Mr. Griswold’s attack, was written in response to a resolution of the House, and was completed in time to be presented, before the close of the session, on the night of the 3d March. It appears to have met all Mr. Griswold’s criticisms. At all events, the attack seems to have made no impression, and in all probability the Federalists themselves intended only to punish Mr. Gallatin for the trouble he had so often in a similar manner inflicted upon them.

The adjournment of Congress closed the second year of Mr. Jefferson’s Administration. With the exception of that Louisiana anxiety, which another month was to clear away, these two years had been marked by complete success. Never before had the country enjoyed so much peace, contentment, and prosperity. Mr. Gallatin himself had in these two years succeeded in making himself master of the situation; he was more powerful and more indispensable than ever; his financial policy was firmly established; his hold, both in Cabinet and in Congress, was undisputed; every day brought his projects nearer to realization, and every day relieved him from the absorbing labor which had made his first two years of office so burdensome.

Nevertheless there was cause enough for anxiety. The approaching storm in Europe, which was to shake Louisiana into the President’s lap, brought with it dangers in regard to which the experience of Washington and John Adams would have been valuable to Mr. Jefferson had he only been willing to profit by it; but, over-confident in the virtue of his theories, he, as his correspondence shows, was firmly convinced that he could balance himself between the two mighty powers which had dealt so rudely with his predecessors, and it was a cardinal principle with the Republican party that our foreign relations were endangered only by the faults of Federalism, and were safe only in Republican hands. “I do not believe,” wrote Mr. Jefferson on July 11, 1803, “we shall have as much to swallow from them as our predecessors had.” “We think,” he wrote on the next day, “that peaceable means may be devised of keeping nations in the path of justice towards us, by making justice their interest, and injuries to react on themselves.” This was the very point to be proved, and on the result of this theoretical doctrine was to depend the fate of Mr. Jefferson’s Administration and of Mr. Gallatin’s financial hopes.

Besides this grave danger, which was destined steadily to take more and more serious proportions, there were smaller political difficulties, which in their nature must increase in importance with every embarrassment that the future had in store. The party schism led by Vice-President Burr was now beginning to rage with fury and to do infinite mischief in New York. In Pennsylvania matters were still worse, at least for Mr. Gallatin, whose political interests lay in that State. The very completeness of the Republican triumph in Pennsylvania was fatal to the party. The extremists, led by Duane and his friend Michael Leib, began a schism of their own, the more dangerous because they avoided the mistake of Burr and declared no war on Mr. Jefferson. Indeed, they followed the very opposite policy, and, sheltering themselves under the cover of their pure Republicanism with Mr. Jefferson for their peculiar patron, they declared war upon Mr. Jefferson’s Cabinet. On the 10th May, 1803, Joseph H. Nicholson warned Mr. Gallatin of what was to happen: “I have enclosed the President a letter from Captain Jones to me, which you can see if you please. He says that Duane and his coadjutors meditate an attack upon Mr. Madison and yourself for setting your faces against the office-hunters.” Mr. Jefferson on this occasion did not treat Duane as he had treated Burr; he attempted to intervene and soothe the susceptibilities of his over-zealous partisans. He consulted Mr. Gallatin on the subject, and sent him the draft of a letter to Duane. Mr. Gallatin, on the 13th August, 1803, returned the draft and attempted to dissuade the President from sending the proposed letter: “Either a schism will take place, in which case the leaders of those men would divide from us, or time and the good sense of the people will of themselves cure the evil. I have reason to believe that the last will happen, and that the number of malcontents is not very considerable and will diminish.... It is highly probable that Duane, who may be misled by vanity and by his associates, but whose sincere Republicanism I cannot permit myself to doubt, will adhere to us when his best friends shall have taken a decided part.... If a letter shall be written, I think that, if possible, it should be much shorter than your draft, and have perhaps less the appearance of apology. The irresistible argument to men disposed to listen to argument appears to me to be the perfect approbation given by the Republicans to all the leading measures of government, and the inference that men who are disposed under those circumstances to asperse Administration seem to avow that the hard struggle of so many years was not for the purpose of securing our republican institutions and of giving a proper direction to the operations of government, but for the sake of a few paltry offices,—offices not of a political and discretionary nature, but mere inferior administrative offices of profit.”

Mr. Jefferson seems to have followed this advice and to have suppressed the proposed letter.[63] Duane continued his attacks on the moderate wing of the Republican party, and Mr. Gallatin’s hopes that he would find no following were soon disappointed. A complete separation took place between him and Governor McKean. Perhaps the existence of this schism had something to do with the offer, which Mr. Dallas was now commissioned to make, of putting Governor McKean in nomination for the Vice-Presidency in the general election of 1804. The offer was declined, and George Clinton was substituted in his place, but Governor McKean’s letter of declination is so characteristic as to be worth publication.

THOMAS McKEAN TO ALEXANDER J. DALLAS.

Lancaster, 16th October, 1803.

Dear Sir,—Your friendly letter of the 14th has been read with pleasure. I am much obliged to the kind sentiments of my friends in thinking me a suitable character to be proposed as a candidate for the dignified station of Vice-President of the United States, but must absolutely decline that honor. The office of Governor of Pennsylvania satisfies my ambition, and it has been conferred in such a manner, at two elections, that the people are endeared to me; indeed, it appears to me that I am engaged to continue in this distinguished character the constitutional term, if it shall be the desire of my fellow-citizens. I am now descending in the vale of years, and am satisfied with my share of honors; that of President of the United States in Congress assembled in the year 1781 (a proud year for Americans) equalled any merit or pretensions of mine, and cannot now be increased by the office of Vice-President. But, all personal considerations waived, what would be the probable result of my acceptance of the proposed post? Little, very little benefit to the people of America, but at least a doubtful situation to my fellow-citizens of Pennsylvania. What would be the fate of my friends, of those I have placed in office, and of the liberty of the State at this most critical period, were I to resign the office? Who is there to control the wanton passions of men in general respectable, suddenly raised to power and frisking in the pasture of true liberty, yet not sufficiently secured by proper barriers? But I must say no more on this head, even to a friend; it savors so much of vanity. In brief, who will be my successor, possessing the same advantages from nativity in the State, education, experience, and from long public services in the most influential stations and employments; who can or will take the same liberty in vetoes of legislative acts, or otherwise, as I have done? I confess I am at a loss to name him, and yet, when I must resign by death or otherwise, I trust the world will go on as well as it has done, if not better, though I never had existed.

Be so good as to pay my most respectful compliments to the President, to Messrs. Madison, Gallatin, Dearborn, Granger, etc., and compliments to all mine and your friends. Farewell and prosper. Adieu.

 

Mr. Jefferson’s party required very delicate handling. Embracing, as it did, materials of the most discordant kind, schism was its normal condition. Between the purity of Madison and Gallatin and the selfishness and prejudice of the local politicians, Mr. Jefferson was obliged to make what compromise he could; but while with quiet determination he drove Burr out of the party, he tolerated Duane and Leib with extraordinary patience. There were very strong reasons which justified or excused his treatment of Burr; particularly the position of heir-apparent, which the Vice-President occupied, made it necessary either to recognize or reject his claims, and Mr. Jefferson did not hesitate to reject them. Whether his treatment of Duane was to be equally defensible became more and more a subject of vital consequence to Mr. Gallatin.

So long as Virginia remained steady the Administration had little to fear, and as yet there was no sign of schism in the Virginia ranks. Of all the Virginia members John Randolph was the most prominent, and his support was firm. Mr. Gallatin and he were on the most intimate terms, and since Gallatin’s letters to him are lost, some of his letters to Gallatin may be worth inserting, to show their relations together:

JOHN RANDOLPH TO GALLATIN.

Bizarre, 9th April (27th year), 1803.

Dear Sir,—When your letter arrived I was from home, and, ours being a weekly post, my reply is necessarily delayed longer than I could wish.

Mr. Griswold’s first objections to the report of the commissioners of the sinking fund are (if in existence, which I very much doubt) among other loose papers which I left in Georgetown. The paragraph which you enclose differs from most which have appeared of late in a certain description of prints, in this, that it contains some truth. But, as it is resorted to only to serve as the vehicle of much falsehood, it is proper that a correct statement should go forth to the public of this singular transaction.

If I mistake not, the printing of the report of the sinking fund was considerably delayed. Be that as it may, when Mr. Griswold moved to commit it to the Ways and Means he specified no objection; he barely said that there were some parts which required explanation; but, as all documents of that sort are of course committed to that committee, there was no occasion for any reasoning to induce the House to agree to such a motion. The resolution which he afterwards drafted, and which he showed to me, was, I believe, couched in the very terms of that which was passed by the House, the words “in fact” excepted, which at my suggestion he expunged, since he declared that he had no intention to criminate the Treasury and doubted not that everything could and would be satisfactorily explained. I then proposed to him to reduce his objections to writing. They consisted of a denial of the soundness of the construction given by the Treasury to the law of 1802 making provision for the redemption of the whole public debt, which was the object embraced by the resolution; and an inquiry into the variance between the report of the Secretary of the Treasury of December, 1801, and the report of the sinking fund, in respect to the amount of interest of the public debt and the instalments of the Dutch debt due in 1802. There may have been some items which I do not recollect. But I perfectly remember what they did not contain. There was not a syllable about the unaccounted balance of 114,000 dollars, nor of the detailed accounts in relation to the remittances on account of the foreign debt, contained in the 4th, 7th, and part of the 3d queries in my official letter to you (A. 1). The first intelligence which I had of this unaccounted balance was from yourself. It made its appearance in a pamphlet ascribed to Stanley and addressed to his constituents. So careful were the friends of this little work that it should not get abroad, that by mere accident a single copy fell into the hands of Alston on the day before Mr. Griswold brought forward his motion. Huger, who let Alston have it, enjoined him not to let it go out of his hands. He on the contrary carried it to you, and during the short time that it was in your possession I accidentally stepped in whilst you were looking over it, and this was the first notice which I received of Mr. Griswold’s redoubtable attack on that point. It may be proper to add that when he put into my hands the paper containing the first objections to the report, I offered to transmit them to you, provided he would move it in committee; and the committee were actually convened for that purpose, but he did not attend. He declined also a proposition of waiting on you in person when I offered to accompany him. The committee taking no order on his objections, they were submitted to you by me, and so long a time elapsed that I really conceived he had abandoned his project. On our return home Alston told me that Huger was very much irritated against him, and those in his quarter of the House mortified and astonished, when I mentioned the coincidence between Griswold’s speech and Stanley’s letter.

And now, dismissing this miserable race of cavillers and equivocators, let me beg you to have a reverend care of your health, and to assure Mrs. G. (not Griswold) and her sisters of my best wishes for their health and happiness. Mr. Nym and the young secretary will participate my friendly inquiries. I do not ask you to continue to write to me, because I know the demands upon your time both by health and business. But a line of how and where you all are will always be acceptable to one who interests himself in everything relating to you.

My health is fluctuating; the weather is raw and the spring a month behindhand. Moreover, we have had but one rain, and that moderate, since the last snow on the 8th March. Of course I am vaporish and gouty. Adieu.

Yours truly.

P.S.—Smith should make a statement “by authority” in his paper conformably with the within.

At an election at Charlotte C. H. on Monday last, J. Randolph had 717 votes, C. Carrington 2.

JOHN RANDOLPH TO GALLATIN.

Bizarre, 4th June, 27th year [1803].

Dear Sir,—Having sustained an injury in my hand, I have been for some time debarred the use of my pen. The first exercise of my recovered right shall be to thank you for your last very friendly and acceptable letter.

Nothing can be more clear and satisfactory than Bayard’s answer to himself, according to your statement of it. But I cannot help suspecting a difference between the printed speech and the original, not at all to the advantage of the latter. I am unwilling to believe that he was guilty of so gross an absurdity (in debate), because I am unwilling to believe that we were guilty of yet grosser stupidity, even after making every allowance for being worried down with fatigue. Such a thing might have escaped me, and perhaps Nicholson; but that General Smith should fail to detect it appears incredible. So far, however, from overdosing me with the bank stock, as you seem to apprehend, it is evident you have not given me quantum suff.

You have seen the result of our elections. Federal exultation has, however, received a severe check in those of New York. Indeed, I do not conceive the event here to be indicative of any change in the public sentiment. The elections, with a single exception, have been conducted on personal rather than on party motives. Brent completely defeated himself, and, although I love the man, I cannot very heartily lament his ill success. By the way, I think you wise men at the seat of government have much to answer for in respect to the temper prevailing around you. By their fruit shall ye know them. Is there something more of system yet introduced among you? or are you still in chaos, without form and void? Should you have leisure, give me a hint of the first news from Mr. Monroe. After all the vaporing, I have no expectation of a serious war. Tant pis pour nous.

You ask if I have seen Rennell’s new map of North Africa? forgetting that I live out of the light of anything but the sun; and he has not condescended to shine, but at short intervals, for a fortnight. I suppose it is the map which he compiled from Parke’s Travels. Do you recollect my suggesting to you, soon after the work came out, a suspicion that the Niger was the true Nile? and your determining that he should be swallowed up in the sands of the desert, which we carried into instant execution.

Present me most sincerely, and permit me to add, affectionately, to Mrs. Gallatin, and believe me, dear sir, most truly yours.

 

P.S.—I address this to Washington, where it will be put in train to reach you. I sincerely hope it will find you much recruited by the wise step which you have taken.

 

1803.

The Louisiana treaty threw on Mr. Gallatin a new class of duties. He had to make all the arrangements not only for payment of the purchase-money to France, but for the modifications of his financial system which so large and so sudden an emergency required. Fortunately, Alexander Baring was the person with whom he had principally to deal in regard to payments, and his relations with Mr. Baring were very friendly; so friendly, indeed, as to have a decisive influence, some ten years later, in a most serious crisis of Mr. Gallatin’s life and of our national history. With Mr. Baring’s assistance the business details were successfully arranged, and it only remained to adjust the new burden of debt to the national resources.

Congress was called together in October on account of the Louisiana business. It is curious to notice how, in his comments on this year’s message, Mr. Gallatin gently held the President back from every appearance of hostility to England and of overwarm demonstrations towards Bonaparte, and how he still talked of economies in the Navy Department to supply some of his financial deficiencies, though this resource was already mentioned only as a desirable possibility. In fact, Congress was about to abandon the attempt at further economy in that Department, and in order to relieve the Treasury the Mediterranean fund was now created for naval expenses. Mr. Gallatin had to look for his resources elsewhere.

The financial problem was to provide for the new purchase and its consequent expenditure without imposing new taxes. The point was a delicate one, and was managed by Mr. Gallatin as follows:

The purchase-money for Louisiana was $15,000,000. Of this sum, $11,250,000 was paid in new six per cent. stock. There was specie enough in the Treasury to pay $2,000,000 more; and Mr. Gallatin requested authority to borrow the remaining $1,750,000 at six per cent.

The consequent increase of annual interest on the debt, including commissions and exchange, he estimated at $800,000. To provide this he counted on an increase of revenue from imposts and lands, as indicated by the returns for the past year, equal to $600,000, and an income of $200,000 from Louisiana.

An annual appropriation of $700,000 was to be set aside for the interest on the $11,250,000 new stock, and added to the permanent appropriation of $7,300,000; so that in future $8,000,000 should be annually applied to payment of interest and principal of the debt, thus preserving the ratio of reduction already established.

Perhaps as a matter of fact the success of Mr. Gallatin in avoiding new taxes was rather apparent than real. Had he been able to carry out his economies in the navy, he might indeed have avoided taxation, but this was fairly proved impossible, and the confession of a failure here was only evaded by the fiction of creating a temporary fund for extraordinary naval purposes, which allowed the supposed regular naval expenditure to be estimated at Mr. Gallatin’s figures. This was obviously in the nature of a compromise between the Treasury and the Navy, but it was not the less a real increase of taxation, and, as events proved, a permanent increase. The capture of the frigate Philadelphia by the Tripolitans was, it is true, the immediate occasion for this tax, but not its cause; this lay much deeper, and, as Mr. Gallatin’s letters clearly show, was the result of a failure in the attempt at economy in the navy.

Even at the last hour, however, the Administration was alarmed by the fear that Louisiana might after all be lost; the protest of Spain against the sale gave reason to doubt whether she would consent to surrender the province. Here again Mr. Gallatin of his own accord urged increased expenditure, and actively pressed the collection and movement of troops to take possession by force if the Spanish government should resist. Fortunately, the alarm proved to be unnecessary: Louisiana was promptly handed over to the French official appointed for the purpose, and by him to General Wilkinson and Governor Claiborne; the troops were stopped on their march from Tennessee and ordered home, and all that remained to be done was to incorporate the new territory in the old, and to settle its boundaries with Spain.

The process of incorporation, however, brought into prominence a very serious constitutional question, which had already been elaborately argued in the Cabinet. Had the Constitution given to the President and Congress the right to do an act of this transcendent importance, an act which could not but result in immense and incalculable changes in the relations between the States who were the original parties to the constitutional compact; an act which could only rest on a prodigious extension of the treaty-making power, such as would legalize the annexation of Mexico or of Europe itself? Mr. Jefferson was very strongly of opinion that an amendment to the Constitution could alone legalize the act, and this opinion seems to have been shared by Mr. Madison and by the Attorney-General. The tenor of Mr. Gallatin’s reasoning as a member of Congress in opposition certainly leads to the inference that he would take the same side. His speeches on the alien bill had carried the doctrine of strict construction to the verge of extravagance. Nevertheless, Mr. Gallatin did not properly belong to the Virginia school of strict constructionists, and although, as a member of Congress, he earnestly resisted the growth of Executive power, he assumed with difficulty and with a certain awkwardness the tone of States’ rights. In this Louisiana case he wrote on the 13th January, 1803, a letter to Mr. Jefferson, which might have been written, without a syllable of change, by Alexander Hamilton to General Washington ten years before:

“To me it would appear, 1st. That the United States as a nation have an inherent right to acquire territory.

“2d. That whenever that acquisition is by treaty, the same constituted authorities in whom the treaty-making power is vested have a constitutional right to sanction the acquisition.

“3d. That whenever the territory has been acquired, Congress have the power either of admitting into the Union as a new State, or of annexing to a State with the consent of that State, or of making regulations for the government of such territory.

“The only possible objection must be derived from the 12th amendment, which declares that powers not delegated to the United States nor prohibited by it to the States are reserved to the States or to the people. As the States are expressly prohibited from making treaties, it is evident that if the power of acquiring territory by treaty is not considered within the meaning of the amendment as delegated to the United States, it must be reserved to the people. If that be the true construction of the Constitution, it substantially amounts to this, that the United States are precluded from and renounce altogether the enlargement of territory; a provision sufficiently important and singular to have deserved to be expressly enacted. Is it not a more natural construction to say that the power of acquiring territory is delegated to the United States by the several provisions which authorize the several branches of government to make war, to make treaties, and to govern the territory of the Union?”[64]

Mr. Jefferson, it is needless to say, was not convinced by this reasoning. He mildly replied: “I think it will be safer not to permit the enlargement of the Union but by amendment of the Constitution.”[65] But the heresy spread into his own Virginia church, and his friend and confidant Wilson Cary Nicholas became infected by it. In reply to him Mr. Jefferson wrote a passionate appeal: “Our peculiar security is in the possession of a written Constitution; let us not make it a blank paper by construction.” For a time he adhered to this view, and framed an amendment to answer his purpose, but at length he resigned himself to committing the whole responsibility to Congress, and held his peace. Mr. Gallatin’s opinion became the accepted principle of the party and the ground on which their legislation was made to rest.