aue by increasing the rates of some existing indirect taxes, and by the addition of some new items of a similar character. The direct taxes ought neither to be increased nor diminished. Our Naval force ought to be completed to six ships of the line, twelve frigates, and twentyfour sloops of war.-More at this juncture would be disproportioned to our resources. Less would be inadequate to the ends to be accomplished. Our military force should for the present be kept upon its actual footing; making provision for a re-enlistment of the men for five years, in the event of a settlement of differences with France; with this condition, that in case of peace between Great Britain, France, and Spain, the United States being then also at peace, all the privates of the twelve additional regiments of infantry, and of the regiment of dragoons, exceeding twenty to a company, shall be disbanded. The corps of artillerists may be left to retain the numbers which it shall happen to have, but without being recruited, until the number of officers and privates shall fall below the standard of the infantry and dragoons. A power ought to be given to the President to augment the four old regiments to their war establishment.

"The laws respecting volunteer companies and the eventual army should be rendered permanent; and the Executive should proceed without delay to organize the latter. Some modifications of the discretion of the President will, however, be proper in a permanent law; and it will be a great improvement of the plan, if it shall be thought expedient to allow the enlistment, for the purpose of instruction, of a corps of sergeants equal to the number requisite for the eventual army.

"The institution of a Military Academy will be an auxiliary of great importance. Manufactories of every article, the woollen parts of clothing included, which are essential to the supply of the army, ought to be established.

"3. Arrangements for confirming and enlarging the legal powers of the Government. There are several temporary laws which, in this view, ought to be rendered permanent, particularly that which authorizes the calling out of the militia to suppress unlawful combinations and insurrections.

"An article ought to be proposed to be added to the Constitution, for empowering Congress to open canals in all cases in which it may be necessary to conduct them through the territory of two or more States, or through the territory of a State, and that of the United States. The power is very desirable for the purpose of improving the prodigious

facilities for inland navigation with which nature has favored this country. It will also assist commerce and agriculture by rendering the transportation of commodities more cheap and expeditious. It will tend to secure the connection, by facilitating the communication between distant portions of the Union, and it will be a useful source of influence to the government.

"Happy would it be if a clause could be added to the Constitution, enabling Congress, on the application of any considerable portion of a State, containing not less than a hundred thousand persons, to erect it into a separate State on the condition of fixing the quota of contributions which it shall make towards antecedent debts, if any there shall be, reserving to Congress the authority to levy within such State the taxes necessary to the payment of such quota in case of neglect on the part of the State. The subdivision of the great States is indispensable to the security of the General Government, and, with it, of the UNION. Great States will always feel a rivalship with the common head, will often be disposed to machinate against it, and, in certain situations, will be able to do it with decisive effect. The subdivision of such States ought to be a cardinal point in the Federal policy; and small States are doubtless best adapted to the purposes of local regulation, and to the preservation of the republican spirit. This suggestion, however, is merely thrown out for consideration. It is feared that it will be inexpedient, and even dangerous, to propose at this time an amendment of the kind.*

"4. Laws for restraining and punishing incendiary and seditious practices. It will be useful to declare, that all such writings, &c., which at common law are libels, if levelled against any officer whatsoever of the United States, shall be cognizable in the Courts of the United States. To preserve confidence in the officers of the general government by preserving their reputations from malicious and unfounded slanders, is essential to enable them to fulfil the ends of their appointment. It is therefore both constitutional and politic to place their reputations under the guardianship of the Courts of the United States. They ought not to be left to the cold and reluctant protection of State Courts always temporizing, sometimes disaffected.†

This suggestion of the importance of more narrow limits to the States is

seen to have been in consonance with Jefferson's after views.

This suggestion is the basis of an allegation, that "Hamilton thought the

“But what avail laws which are not executed? Renegade aliens conduct more than one-half of the incendiary presses in the United States, and yet, in open contempt and defiance of the laws, they are permitted to continue their destructive labors. Why are they not sent away? Are laws of this kind passed merely to excite odium and remain a dead letter? Vigor in the Executive is at least as necessary as in the legislative branch. If the President requires to be stimulated those who can approach him ought to do it.”

laws required amendment, as not effective enough"! Adams, ix. p. 14, note. See also Randall, ii. 463. The habitual unscrupulous mendacity of this work has already been so fully shown as to supersede the further exhibition of its increasing, progressive frequency and virulence, but a note to this suggestion of Hamilton to make libels against the officers of the United States " cognizable in the Courts of the United States " may be noticed. "It" (a libel) punishable for example, by putting the offender in the pillory, until the Statute 56 George III. c. 138. This was a limitation of the common law, which Hamilton proposed to put into full force." No such proposition can be traced to him.

66 was

CHAPTER CXLIX

JEFFERSON, meanwhile, was in frequent consultation as to the means of thwarting the government, and of inspiring distrust as to the motives of its supporters. With these views he wrote to Madison:

"In a society of members, between whom and yourself are great mutual esteem and respect, a most anxious desire is expressed that you would publish your debates of the Convention.

*

Could

those debates be ready to appear critically, their effect would be decisive. I beg of you to turn this subject in your mind. The arguments against it will be personal; those in favor of it moral; and something is required from you as a set-off against the sin of your retirement." *

Madison replied:†

"The ideas of publishing the debates of the Convention ought to be well weighed before the expediency of it, in a public as well as personal view, be decided on. Besides the intimate connection between them, the whole volume ought to be examined, with an eye to the use of which every part is susceptible. * In the disposition which

*

is at present exercised over the rules of construction, and the counter reports of the proceedings that would perhaps be made out and mustered for the occasion, it is a problem, what tone might be given to the impression on the public mind. But I shall be better able to form and explain my opinion by the time, which now approaches, when I shall have the pleasure of seeing you; and you will find the advantage of

* Jefferson to Madison. Jefferson's Works, iii. 407. January 16, 1799. + February 8, 1799.

looking over the sheets attentively before you finally make up your own." He then refers to the communications of Gerry, as shown in a report recently submitted by Pickering to the President. "It is impossible," he says, "for any man of candor not to see in the former an anxious desire on the part of France for accommodation, mixed with the feelings which Gerry satisfactorily explains. The latter [displays a narrow understanding and a most malignant heart. Taken, however, in combination with preceding transactions, it is a link that fits the chain. The President could not do less in his speech than allow France an option of peace, nor his minister do less than to insult and exasperate her, if possible, into a refusal of it."]*

He encloses a few more observations for the press. Not daring to meet the contradictions and disproofs which would have ensued a publication of his reported debates, an act of more guarded infidelity was committed. copy of Hamilton's first outline of a Constitution was placed in the hands of Callender, and was published by him.

A

Jefferson writes to Monroe, stating an account of the revenue and expenditure, and the amount of "new taxes."

"I shall send you," he adds, "Gerry's correspondence and Pickering's report on it, by which you will perceive the willingness of France to treat with us, and our determination not to believe it, and therefore to go to war with them. For, in this light, must be viewed our surrounding their islands with our armed vessels, instead of their cruising on our coasts, as the law directs." He foretells, that Gerry's despatches will tend strongly to open the eyes of the people, fears the effect of the bill for opening commerce with St. Domingo, as a high aggravation" to France, which, in addition to our cruising around their islands, will put their patience to a great proof. One fortunate circumstance is, that, annihilated as they are on the ocean, they cannot get at us for some time, and thus will give room for the popular sentiment to correct the imprudence." He calls upon him to subscribe to raise a considerable sum of money on loan, to accomplish "a very important

* The parts in brackets are omitted in the copy for the press prepared under Madison's eyes.