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sors of that science, who have borne the weight of public councils, and successfully endeavored to ennoble by their efforts the national character, it derives irresistible weight and authority. To Mr. Bayard's early adoption and active and vigorous pursuit of this profession, are to be ascribed, in no unimportant degree, the method of his arguments, and the logical accuracy of his inferences.

In July, 1797, a short time after his appearance in Congress, Mr. Bayard was appointed one of a committee to prepare and report articles of impeachment against William Blount, a United States senator; and in the following session of that Congress he was a member of the committee to conduct the impeachment, and finally was elected chairman of that body. In the trial, Mr. Blount pleaded to the jurisdiction of the Senate, upon the principle that a senator is not a civil officer, within the meaning of the constitution; and that the courts of common law were "competent to the cognizance, prosecution, and punishment of the said crimes and misdemeanors, if the same have been perpetrated, as has been suggested and charged by the said articles." The preliminary question growing out of this plea was to be discussed, and the direction of this delicate and interesting inquiry, was submitted to the chairman, and Mr. Harper, one of the managers. The subject underwent a laborious and ingenious discussion, in which the constitution was thoroughly sifted, and the doctrines of the common law of England bearing a remote or close analogy to the point in controversy, were made tributary to the talents of the respective advocates.

The decision was adverse to the managers; a majority of fourteen to eleven senators deciding " that the matter alleged in the plea of the defendant is sufficient in law to show that this court ought not to hold jurisdiction of the said impeachment, and that the said impeachment is dismissed.” The efforts were abortive, because the cause was insupportable; but the exertion was not the less honorable, nor the display of genius and erudition the less brilliant, because success did not crown them. • John Adams, a short time previous to the expiration of his presidential term, appointed Mr. Bayard minister to the French republic, but owing to the delicate position in which he was placed, by the part he had taken in the contest which terminated in the election of Mr. Jefferson, he declined the proffered honor. * In a letter on this subject, addressed to a near relative and one of his earliest friends, he thus explained his motives for the refusal. “Under proper circumstances, the acceptance would have been complete gratification; but under the existing circumstances, I thought the resignation most honorable. To have taken eighteen thousand dol-. lars out of the public treasury, with a knowledge that no service could be rendered by me, as the French Government would have waited for a man who represented the existing feelings and views of this government, would have been disgraceful. Another consideration of great weight, arose from the part I took in the presidential election. As I had given the turn to the election, it was impossible for me to accept an office, which would be held on the tenure of Mr. Jefferson's pleasure. My ambition shall never be gratified at the expense of a suspicion. I shall never lose sight of the motto of the great original of our name." +

At the first election of President Jefferson, an extraordinary scene was displayed. The constitution provides, that " the person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President.” In that situation stood the candidates, and the election devolved of consequence upon the House of Representatives. No less than thirty-six times was the vote ineffectual, each party, equally zealous, and equally numerous, adhering to its candidate. The federalists of the House adopted, as they believed the less evil, the side of Mr. Burr, and persevered during so many abortive efforts to give him their votes. It was at length perceived, that a pertinacious adherence to this course of conduct might expose the country to greater embarrassment and difficulty than even the selection of a President who was considered dangerous; and some of the federalists determined to withdraw from him their opposition, without giving him direct countenance and support. They accordingly threw into the box blank votos; and the election of Mr. Jefferson was thus obtained. By a sacrifice of personal feeling and judgment, which required no ordinary firmness and magnanimity, Mr. Bayard, by this means, principally contributed to place in the Exocutive chair, the decided enemy of the men and measures that he perBonally approved; and removed to a distance, apparently insurmountable, the fulilment, if they existed, of his own political aspirations. But the good of the untry requir it, and the sacrifice was made.-Analectic, vol. 7, page 339.

† Appendix of Sullivan's Familiar Letters on Public Characters. This work contains an ablo defence of the political course of Mr. Bayard.

During the debates on the Judiciary system, in the early part of the year 1802, Mr. Bayard took an active part. “On this memorable occasion,” says his biographer, "all parties united in paying homage to his abilities. It will not be invidious to remark, that in the constellation of talents that glittered in that transaction, none were more conspicuous than his. He was alike distinguished for the depth of his knowledge, the solidity of his reasoning, and the perspicuity of his illustration. On his own side of the House his range was pronounced to be "commensurate with the extent of his own mighty mind, and with the magnitude of the subject,' which was declared to be as awful as any on this side of the grave. On the part of the majority he was termed the Goliath of the adverse party, and sarcastically, but with truth, denominated the high priest of the constitution.” His speech on this occasion is included in this volume.

In November, 1804, he was chosen by the legislature of Delaware, a senator of the United States, to fill a vacancy, and in February of the next year, was again elected to that dignified and honorable station, where he continued until the spring of the year 1813. During the session of Congress, he was generally at his post, the faithful supporter of the principles he brought with him into public life, and in the recess of legislative duty, he successfully pursued his professional labors, and maintained and increased the reputation he acquired at an early period of his life.

In 1813, when the intelligence of the commencement of hostilities between the United States and Great Britain reached Europe, the Emperor of Russia offered his mediation to both nations. This offer was accepted by President Madison, and Mr. Bayard, Mr. Gallatin, and Mr. Adams, were appointed commissioners, "fully charged to conclude a peace upon the terms set forth in the declaration of war, and upon no others," and directed to proceed immediately to St. Petersburg. Early in May the otiators sailed from Philadelphia, and on the twenty-first of July following, they arrived at the Russian court. Alexander, the emperor, under whose auspices the negotiation was undertaken, was with his armies in Germany, and intelligence of the sentiments of the British Government on the terms proposed, was not yet received. Mr. Bayard concluding that the hopes of peace were blasted, left St. Petersburg and passed over into Holland, from thence to return to America. In the mean time Lord Cathcart had communicated to the Russian court the non-acceptance by the Prince Regent of the interposition of the emperor as to the question which constituted the principal object in dispute between the two States, and his readiness, nevertheless, to nominate plenipotentiaries to treat directly with the American envoys. The Bramble was despatched to America with the view of con.municating these circumstances; and proposing at the same time London or Gottenburg as the scene of operations. The proposal was accepted, and Gottenburg was selected as neutral ground. New commissions were issued, and Mr. Clay and Mr. Russel were despatched to join the other members of the mission.

Mr. Bayard was now in England, and the negotiations having been transferred from Gottenburg to Ghent, he immediately proceeded to that place, where he arrived on the twenty-seventh of June, 1814. Here he found Mr. Adams and Mr. Russel, and in a few days they were joined by Mr. Gallatin and Mr. Clay. The British commissioners did not arrive until the early part of August. During the delay occasioned by their absence, Mr. Bayard wrote thus to a friend in America: “Nothing favorable can be augured from the delay in sending their commissioners to the rendezvous agreed to at their instance as the seat of the negotiations. Our commissioners have all been here more than a month, and we have not yet heard that theirs are even preparing to quit London. We expect them daily, but so we have done for twenty days past, and so we shall till they arrive, or till we learn that they do not mean to come at all. I assure you, between ourselves, my hopes of peace are very slender. The Government of England affect to despise us, but they know we are a growing and dangerous rival. If they could crush us at the present moment, they would not fail to do it; and I am inclined to think that they will not make peace till they have tried the effect of all their force against us. An united, firm, and courageous resistance upon our part, alone, in my opinion, can furnish hopes of a safe and honorable peace to the United States. I wish I could present you with different views; but what does it avail to deceive ourselves? By shutting our eyes upon danger we may cease to see it,

while in fact we are increasing it. What I doubt is, that if the olive branch be presented to us by one hand, a cup of humiliation and disgrace will be held out in the other; and although I should rejoice to carry the former to the United States, yet I never shall consent to be the bearer of the latter.” In a subsequent letter he writes: “No people are more easily elated or depressed by events than the English. We have nothing to hope but from vigorous and successful measures, so far as the war depends upon ourselves alone. The British force in America must be overcome and repelled, or the war must end in national disgrace."

The day after the arrival of the British commissioners, the negotiations commenced, and on the twenty-fourth of December following, a treaty of peace was signed.

Mr. Bayard now visited Paris, where he remained until the ratification of the treaty. Soon after he was appointed minister to the Court of Russia. This office he declined, stating that " he had no wish to serve the administration, except when his services were necessary for the public good. In the late transactions he believed that to be the case, and therefore he had cheerfully borne his part. Peace being obtained, he was perfectly satisfied to resign the honors of diplomaey for the sweets of domestic life. Nothing could induce him to accept an appointment that would threaten to identify him with the administration party, without contributing essentially to his country's good. That was his primary and exclusive object. In all his reflections, he was principally affected by an anxious jealousy for the welfare, and an ardent affection for the people of his native land. It is difficult to conceive how an idea should have arisen, that he ever deviated in thought or action from the genuine principles of federalism. In every public display, in every private discussion, he was their warmest advocate. The whole course of his political pilgrimage, long and laborious as it was, may safely challenge a comparison with that of any statesman for undeviating consistency of conduct, and pure and enlightened patriotism."

From Paris he intended to repair to England to assist in the formation of a commercial treaty, but he was prevented by a severe illness, which soon reduced him to a state of extreme debility and suffering. Anxious to reach his home, he sailed from England, and on the first of August, 1815, arrived in the Delaware. Five days after, he died, in the forty-ninth year of his

age.*

SPEECH ON THE JUDICIARY.

Mr. Bayard delivered this speech, on the , nimity which ought to have been inspired by a Judiciary Bill,t in the House of Representa- sense of the high ground he holds on the floor tives of the United States, on the nineteenth sire to conciliate, which he has so repeatedly

of this House, as from the professions of a deof February, 1802:

made during the session. We have been invi

ted to bury the hatchet, and brighten the MR. CHAIRMAN: I must be allowed to express chain of peace. We were disposed to meet on my surprise at the course pursued by the hon- middle-ground. We had assurances from the orable gentleman from Virginia, Mr. Giles, f in gentleman that he would abstain from reflecthe remarks which he has made on the subject tions on the past, and that his only wish was before us. I had expected that he would have that we might unite in future in promoting the adopted a different line of conduct. I had ex- welfare of our common country. We confided pected it as well from that sentiment of magna in the gentleman's sincerity, and cherished the hope, that if the divisions of party were not of the people. The gentleman did not tell us banished from the House, its spirit would be in plain language, but he wished it to be underrendered less intemperate. Such were our im- stood, that he and his friends were the guardpressions, when the mask was suddenly thrown ians of the people's rights, and that we were aside, and we saw the torch of discord lighted the advocates of executive power. and blazing before our eyes. Every effort has I know that this is the distinction of party been made to revive the animosities of the which some gentlemen have been anxious to House, and inflame the passions of the nation. establish; but it is not the ground on which I am at no loss to perceive why this course has we divide. I am satisfied with the constitubeen pursued. The gentleman has been unwil- tional powers of the executive, and never wishling to rely upon the strength of his subject, ed nor attempted to increase them; and I do and has, therefore, determined to make the not believe, that gentlemen on the other side measure a party question. He has probably of the House ever had a serious apprehension secared success, but would it not have been of danger from an increase of executive authormore honorable and more commendable, to ity. No, sir, our views, as to the powers which have left the decision of a great constitutional do and ought to belong to the General and question to the understanding, and not to the State Governments, are the true sources of our prejudices of the House? It was my ardent divisions. I co-operate with the party to which wish to discuss the subject with calmness and I am attached, because I believe their true obdeliberation, and I did intend to avoid every ject and end is an honest and efficient support topic which could awaken the sensibility of of the general government, in the exercise of the party. This was my temper and design when legitimate powers of the constitution. I took my seat yesterday. It is a course at I pray to God I may be mistaken in the opinpresent we are no longer at liberty to pursue. ion I entertain as to the designs of gentlemen The gentleman has wandered far, very far, from to whom I am opposed. Those designs I bethe points of the debate, and has extended his lieve hostile to the powers of this government. animadversions to all the prominent measures State pride extinguishes a national sentiment. of the former administrations. In following Whatever power is taken from this government him through his preliminary observations, I is given to the States. necessarily lose sight of the bill upon your ta- The ruins of this government aggrandize the ble.

* See Biographical Sketch of Mr. Bayard, in the Analec- It also provided, that all the acts in force before the passage tic, vol. 7, p. 333: Raleigh Star, 1815: Biographie Universelle: of the aforesaid acts, and which, by the same, were either and Mr. N. Correlissen's Oration at Ghent, on the 13th of amended, explained, altered or repealed, should be revised. October, 1816.

The bill contained further provision for the disposition of + The bill proposed, that "the act of Congress, passed on the actions, writs, &c., then pending in any of the Courts the 18th of February, 1801, entitled an act to provide for the of the United States, which were established by the afore. more convenient organization of the Courts of the United said act of Congress of 1801. States," and also, “an act passed on the 3d March, 1801, for * See Mr. Giles's Speech on this bill in the subsequent altering the times and places of holding certain courts there- pages of this volume: also, the speech of Mr. Tracy at page in mentioned, and for other purposes," should be repealed. | 442, vol. 1, of this work.

States. There are States which are too proud The gentleman commenced his strictures with to be controlled; whose sense of greatness and the philosophic observation, that it was the fate resource renders them indifferent to our proof mankind to hold different opinions as to the tection, and induces a belief that if no general form of government which was preferable. government existed, their influence would be That some were attached to the monarchical, more extensive, and their importance more while others thought the republican more eli- conspicuous. There are gentlemen who make gible. This, as an abstract remark, is certainly no secret of an extreme point of depression, to true, and could have furnished no ground of which the government is to be sunk. To that offence, if it had not evidently appeared that point we are rapidly progressing. But I would an allusion was designed to be made to the beg gentlemen to remember, that human affairs parties in this country. Does the gentleman | are not to be arrested in their course, at artifisuppose that we have a less lively recollection cial points. The impulse now given may be than himself, of the oath which we have taken accelerated by causes at present out of view. to support the constitution; that we are less And when those, who now design well, wish sensible of the spirit of our government, or less to stop, they may find their powers unable to devoted to the wishes of our constituents ? resist the torrent. It is not true, that we ever Whatever impression it might be the intention wished to give a dangerous strength to execuof the gentleman to make, he does not believe tive power. While the government was in our that there exists in the country an anti-repub- hands, it was our duty to maintain its constitulican party. He will not venture to assert such tional balance, by preserving the energies of an opinion on the floor of this House. That each branch. There never was an attempt to there may be a few individuals having a pre-vary the relation of its powers. The struggle ference for monarchy is not improbable; but was to maintain the constitutional powers of will the gentleman from Virginia, or any other the executive. The wild principles of French gentleman, affirm in his place, that there is a liberty were scattered through the country. party in the country who wish to establish We had our jacobins and disorganizers. They monarchy? Insinuations of this sort belong saw no difference between a king and a Presinot to the Legislature of the Union. Their dent, and as the people of France had put down place is an election-ground, or an alehouse. their king, they thought the people of America Within these walls they are lost; abroad, they ought to put down their President. They, have had an effect, and I fear are still capable who considered the constitution as securing all of abusing popular credulity.

the principles of rational and practicable libWe were next told of the parties which have erty, who were unwilling to embark upon the existed, divided by the opposite views of pro- tempestuous sea of revolution in pursuit of vismoting executive power and guarding the rights ionary schemes, were denounced as monarchists. A line was drawn between the govern- The internal taxes are made one of the crimes ment and the people, and the friends of the of the federal administration. They were imgovernment were marked as the enemies of the posed, says the gentleman, to create a host of people. I hope, however, that the government dependants on executive favor. This supposes and the people are now the same; and I pray the past administrations to have been not only to God, that what has been frequently remark- very wicked, but very weak. They lay taxes ed, may not, in this case, be discovered to be in order to strengthen their influence. Who is true, that they, who have the name of the so ignorant as not to know, that the imposition people the most often in their mouths, have of a tax would create an hundred enemies for their true interests the most seldom at their one friend? The name of excise was odious; hearts.

the details of collection were unavoidably exThe honorable gentleman from Virginia pensive, and it was to operate upon a part of wandered to the very confines of the federal the community least disposed to support public administration, in search of materials the most burdens, and most ready to complain of their inflammable and most capable of kindling the weight. A little experience will give the genpassions of his party.

tleman a new idea of the patronage of this He represents the government as seizing the government. He will find it not that dangerfirst moment which presented itself

, to create ous weapon in the hands of the administration, a dependent monied interest, ever devoted to which he has heretofore supposed it; lie will its views. What are we to understand by this probably discover that the poison is accomremark of the gentleman? Does he mean to panied by its antidote, and that an appointment say, that Congress did wrong in funding the of the government, while it gives to the adminpublic debt? Does he mean to say, that the istration one lazy friend, will raise up against price of our liberty and independence ought it ten active enemies. not to have been paid? Is he bold enough to No! The motive ascribed for the imposition denounce this measure as one of the federal of the internal taxes, is unfounded as it is unvictims marked for destruction? Is it the de- charitable. The Federal administration, in sign to tell us, that its day has not yet come, creating burdens to support the credit of the but is approaching; and that the funding sys- nation, and to supply the means of its protectem is to add to the pile of federal ruins? Do I tion, knew that they risked the favor of those hear the gentleman say, we will reduce the army upon whom their power depended. They to a shadow, we will give the navy to the worms, were willing to be the victims, when the public the mint, which presented the people with the good required. emblems of their liberty and of their sovereignty, The duties on imports and tonnage furnished we will abolish—the revenue shall depend upon a precarious revenue; a revenue at all times the wind and waves, the judges shall be made our exposed to deficiency, from causes beyond our creatures, and the great work shall be crowned reach. The internal taxes offered a fund less and consecrated by relieving the country from liable to be impaired by accident; a fund which an odious and oppressive public debt? These did not rob the mouth of labor, but was derived steps, I presume, are to be taken in progression. from the gratification of luxury. These taxes

The gentleman will pause at each, and feel are an equitable distribution of the public burthe public pulse. As the fever increases, he dens. Through this medium the western counwill proceed, and the moment of delirium will try is enabled to contribute something to the be seized to finish the great work of destruc- expenses of a government which has expended tion.

and daily expends such large sums for its deThe assumption of the State debts has been fence. When these taxes were laid, they were made an article of distinct crimination. It has indispensable. With the aid of them it has been been ascribed to the worst motives; to a design difficult to prevent an increase of the public of increasing a dependent monied interest. Is debt. And notwithstanding the fairy prospects it not well known, that those debts were part which now dazzle our eyes, I undertake to say, of the price of our Revolution—that they rose if you abolish them this session, you will be in the exigency of our affairs, from the efforts obliged to restore them, or supply their place of the particular States, at times when the fede- by a direct tax, before the end of two years. ral arm could not be extended to their relief? Will the gentleman say, that the direct tax was Each State was entitled to the protection of the laid in order to enlarge the bounds of patronUnion, the defence was a common burden, and age? Will he deny, that this was a measure every State had a right to expect, that the ex- to which we had been urged for years by our penses attending its individual exertions in the adversaries, because they foresaw in it the ruin general cause, would be reimbursed from the of federal power? My word for it, no adminpublic purse. I shall be permitted further to istration will ever be strengthened by a patronadd, that the United States, having absorbed age united with taxes which the people are the sources of State revenue, except direct tax- sensible of paying. ation, which was required for the support of We were next told, that to get an army an the State governments, the assumption of these Indian war was necessary. The remark was debts was necessary to save some of the States extremely bald, as the honorable gentleman from bankruptcy.

did not allege a single reason for the position.

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