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December 15, a letter 1 containing one paragraph worth noting:

"Would it not have been worthy of the generosity of a free nation like this, bearing, as it doubtless does, a respect for the rights of a gallant people at this moment engaged in a noble struggle for its liberty, would it not have been an act on the part of this country dictated by the sacred ties of good neighborhood and friendship which exist between it and Spain, to have simply offered its assistance to crush the common enemy of both, rather than to have made such interference the pretext for wresting a province from a friendly Power, and that at the time of her adversity?"

Spain had little reason to draw distinctions between friends, allies, and enemies. She could hardly stop to remember that the United States were filching a petty sand-heap in a remote corner of the world, at a time when England was "wresting" not one but all the splendid American provinces from their parent country, and when France was kneeling on the victim's breast and aiming stab after stab at her heart.

1 Morier to Robert Smith, Dec. 15, 1810; State Papers, iii. 399.

CHAPTER XV.

THE elections for the Twelfth Congress, as far as they took place in 1810, showed a change in public opinion, and not only reduced the Federalists to their old rank of a faction rather than a party, but also weakened the conservative Republicans of Jefferson's school; while the losses of both strengthened a new party, which called itself Republican, but favored energy in government. Henry Clay and William Lowndes, John C. Calhoun and Felix Grundy, Langdon Cheves and Peter B. Porter, whatever they might at times say, cared little for Jeffersonian or Madisonian dogmas. The election which decided the character of the Twelfth Congress, by choosing men of this character to lead it, decided also the popular judgment on the Eleventh Congress, which had as yet run only half its course. Rarely in American history has any particular Congress been held in high popular esteem, but seldom if ever was a Congress overwhelmed by contempt so deep and general as that which withered the Eleventh in the midst of its career. Not only did Republicans and Federalists think alike for once, but even among the members

themselves no one of weight had a good word to say of the body to which he belonged.

Quick to feel a popular rebuke, Congressmen submitted to punishment, and obeyed the orders they would rather have resisted; but their work in such a temper was sure to be done without good-will or good faith, for a body which had lost its own respect could hardly respect its successor. The American system of prolonging the existence of one Legislature after electing another, never worked worse in practice than when it allowed this rump Congress of 1809, the mere scourings of the embargo, to assume the task of preparing for the War of 1812, to which it was altogether opposed and in which it could not believe. No Congress had been confronted by greater perplexities. President Madison submitted to it a number of Executive acts more than doubtful in legality, which must all be approved; and these measures, when approved, led to a policy of war with England and Spain, which required great increase of Executive strength, careful reorganization of the Executive machinery, especially great care of the national credit and of its chief financial agents,political duties of extreme difficulty and delicacy.

President Madison's Annual Message, December 5, called attention to such business as he wished to present. Naturally, the revocation of the French Decrees took the first place. The President assumed that the revocation was complete, and that his proclamation was issued in regular course, "as pre

scribed by law," the President having no discretion; but he admitted disappointment that the sequestered property had not been restored. "It was particularly anticipated that, as a further evidence of just disposition toward them, restoration would have been im mediately made of the property of our citizens, seized under a misapplication of the principle of reprisals, combined with a misconstruction of a law of the United States. This expectation has not been fulfilled." England had not yet relinquished her illegitimate blockades, and she avowed that the blockade of May, 1806, was comprehended in the subsequent Orders in Council; the withdrawal of that blockade had therefore been required by the President as one of the conditions of renewing intercourse with Great Britain. The state of the Spanish monarchy had produced a change in West Florida, a district" which though of right appertaining to the United States had remained in the possession of Spain, awaiting the result of negotiations for its actual delivery to them." The Spanish authority being subverted, the President did not delay taking possession; "the legality and necessity of the course pursued assure me of the favorable light in which it will present itself to the Legislature."

If this sketch of foreign affairs lacked perfect candor, the view of domestic concerns gave matter for other doubts. "With the Indian tribes," said the Message, "the peace and friendship of the United States are found to be so eligible that the general dis

position to preserve both continues to gain strength." The story of Tippecanoe and Tecumthe soon threw new light on this assertion. To Indian friendship domestic prosperity succeeded, and the Message praised the economy and policy of manufactures. "How far it may be expedient to guard the infancy of this improvement in the distribution of labor by regulations of the commercial tariff, is a subject which cannot fail to suggest itself to your patriotic reflections." A navigation law was also required to place American shipping on a level of competition with foreign vessels. A national university "would contribute not less to strengthen the foundations than to adorn the structure of our free and happy system of government." Further means for repressing the slave-trade were required. Fortifications, arms, and organization of the militia were to be provided. The Military School at West Point needed enlargement.

Congress found more satisfaction in Gallatin's Annual Report, sent to Congress a week afterward, than they could draw from Madison's Message, for Gallatin told them that he had succeeded in bringing the current expenses within the annual income; and only in case they should decide to prohibit the importation of British goods after Feb. 2, 1811, should he need further legislation both to make good the revenue and to enforce the prohibition.

Congress lost no time. West Florida called first for attention; and Senator Giles, December 18, re

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