Page images
PDF
EPUB

Relations with France.

H. or R.] ought to be considered that this tax will fall upon unimproved, as well as improved land, many of the owners of which, he supposed, lived out of that State, which would reduce the portion of the tax to the State. The district in which he lived would pay more tax than the whole State of Tennessee. He knew the tax would be collected in some places with difficulty, and more so, since the bill had undergone a change which had thrown the tax upon land more than it would otherwise have fallen.

But, whatever difficulty may attend the col lection of this tax, when we see the ruinous effects of public debt in other countries, we ought to be cautious how we make extensive loans, and endeavor to draw forth the resources of the country, to meet any of the expenses which we may have to encounter.

Mr. VARNUM should vote against this bill. He had always thought, since the establishment of the present Government, that there would be no necessity for resorting to direct taxes, except in case of our being engaged in war. He believed the measures already taken would not require a direct tax if no further expenses were contemplated. But he now believed a majority of the Government of the United States are determined on war, and he would, on that account, have given his vote for the bill, if the tax was proposed to be laid on just and equal principles. It was his opinion, that every species of property ought to be taxed, as well as houses and land. So far from this being the case, he believed that between one third and one half of the property taxed by the State Legislatures, in their system of direct taxes, would, by the present plan, be excused altogether from tax. Some of the most wealthy people in the Union would, by this means, be untaxed, in a great degree, while persons who hold a small property in houses or land, will bear the burden of it; and not only of this tax, but to any further extent to which the Government may have occasion to carry it.

Mr. T. CLAIBORNE had opposed many of the measures which made this tax necessary; but a majority of Congress having determined upon a certain course of measures, however contrary they may be to his opinion, he should cheerfully submit to them, and vote in favor of this bill.

The people of Virginia, if they must be taxed, wished to be taxed in a direct way, and he doubted not this tax would be paid with alacrity. They always had been, and would continue to be, he had no doubt, prompt in their obedience to the laws of the General Government.

The yeas and nays were then taken upon the passing of the bill; it was passed-69 votes to

19.

Resolved, That the title be, "An act to provide for the valuation of lands and dwelling houses, and the enumeration of slaves, within the United States."

THURSDAY, June 21. Relations with France.

[JUNE, 1798.

Message was received from the PRESIDENT OF In the course of the sitting, the following THE UNITED STATES:

Gentlemen of the Senate, and

Gentlemen of the House of Representatives : Marshall, one of our late Envoys Extraordinary to While I congratulate you on the arrival of General the French Republic, at a place of safety, where he is justly held in honor, I think it my duty to communicate to you a letter received by him from Mr. Gerry, the only one of the three who has not received his congé. This letter, together with another from the Minister of Foreign Relationsto him, of the third of April, and his answer of the fourth, will show the situation in which he remains, his intentions and prospects.

I presume that, before this time, he has received fresh instructions, (a copy of which accompanies this message,) to consent to no loan, and therefore the negotiation may be considered as at an end. out assurances that he will be received, respected, and honored, as the representative of a great, free, powerful, and independent nation.

I will never send another Minister to France, with

UNITED STATES, June 21, 1798.

copy

JOHN ADAMS.

PARIS, April 16, 1798.

I have

MY DEAR SIR: This, I expect, you will receive by my colleague, General Marshall, who carries with him the last letter of Mr. Talleyrand to the American En On the day when we sent Yoys, and their answer. the answer, I received a letter from the Minister, a not sent these to the Secretary of State, because I of which and my answer is enclosed. have not time to prepare a letter to accompany them. Indeed, I expected my passport with my colleagues, but am informed the Directory will not consent to my leaving France; and to bring on an immediate rup ture, by adopting this measure contrary to their wishes, would be, in my mind, unwarrantable.

The object of Mr. Talleyrand, you will perceive, was to resume our reciprocal communications, and again to discuss the subject of a loan. I thought it best, in my answer, not merely to object to this, but to every measure, that could have a tendency to draw dear sir, to support your Administration, and have me into a negotiation. I accepted of this mission, my brought myself into a predicament, which you must assist me to extricate myself from, by appointing some others to supply the places of myself and colleagues, if a further progress in this business should be found practicable.

I have only a moment to add my best respects to your lady, and my assurance of the most sincere and respectful attachment. My dear sir, yours, sincerely,

E. GERRY.

The PRESIDENT OF THE UNITED STATES.

[TRANSLATION.] PARIS, the 4th Germinal, 6th year of the French Republic, one and indivisible, April 3, 1798. The Minister of Foreign Relations to Mr. Gerry, Envoy Extraordinary of the United States of America to the French Republic.

I suppose, sir, that Messrs. Pinckney and Mar

* I allude to my painful residence here, as a political cipher.

JULY, 1798.]

DEBATES OF CONGRESS.

Punishment of Crime.-Sedition.

[H. OF R.

crimes against the United States, which was
read the first time.

shall have thought it useful and proper, in conse-
quence of the intimations given in the end of my
[This bill provides, that if any persons shall
note of the 28th Ventose last, and the obstacles which
their known opinions have interposed to the desired unlawfully combine or conspire together, with
reconciliation, to quit the territory of the Republic; intent to oppose any measures of the Govern-
ment of the United States, or to impede the oper-
on this supposition, I have the honor to point out to
you the 5th or the 7th of this decade, to resume ouration of any law, or to intimidate or prevent
reciprocal communications upon the interests of the
French Republic and the United States of America.
Receive, I pray you, the assurances of my perfect

consideration.

CH. MAU. TALLEYRAND.-
MONDAY, June 25.

Alien Enemies.

On motion of Mr. S. SMITH, the House went into a Committee of the Whole on the bill respecting alien enemies. The Chairman stated, that when this bill was formerly under consideration, a motion was made to strike out the first section, which was negatived. He pro

ceeded to read the second.

Mr. OTIS hoped the committee would rise. He made this motion with a view of moving, in the House, a postponement of the consideration of this bill until the next session of Congress. He did not know that there was any immediate necessity for it, the PRESIDENT having sufficient power over aliens by the bill already passed.

years.

any person holding an office under the Govern-
person shall, by writing, printing, or speaking,
ment from exercising his trust. And if any
threaten such officer with any damage to his
character, person, or estate, or shall counsel,
advise, or attempt to procure any insurrection,
riot, &c., whether such attempt shall have the
desired effect, or not, he shall be deemed guilty
of a high misdemeanor, and punished by a fine,
on conviction, not exceeding $5,000, and by
imprisonment not less than six months, nor ex-
And if any person shall, by
ceeding five
any libellous or scandalous writing, printing,
publishing, or speaking, traduce or defame the
Legislature of the United States, by seditious or
inflammatory declarations or expressions, with
intent to create a belief in the citizens thereof,
that the said Legislature in enacting any law,
was induced thereto by motives hostile to the
constitution, or liberties and happiness of the
people thereof; or shall in manner aforesaid,
traduce or defame the PRESIDENT OF THE UNITED
STATES, or any Court, or Judge thereof, by dec-
larations tending to criminate their motives in
any official transaction, the persons so offending,
being convicted shall be punished by a fine not
exceeding $2,000 and by imprisonment not ex-
ceeding two years.]

Mr. Oris moved that it be read a second time.

Mr. HARRISON called for the reading of the amendments to the constitution.

Mr. GALLATIN said, he did not expect a If any bill respecting motion of this kind. aliens was necessary, it was certainly a bill of this kind against alien enemies; but a bill having been passed against aliens generally, the gentleman from Massachusetts appears now to be willing to pass by the bill against alien enemies. This gives a new coloring to the business, and it seems as if gentlemen were more desirous of guarding against alien friends than alien enemies. It is true, if this bill is not passed, the PRESIDENT OF THE UNITED STATES will have the power of removing from the country all those Mr. LIVINGSTON made that motion. aliens whom he may think it necessary and proMr. ALLEN.-I hope this bill will not be reper to be removed, whether they are alien enemies or alien friends. But, if alien enemies arejected. If ever there was a nation which required really dangerous, it cannot be supposed that the PRESIDENT can remove them all. This bill, therefore, provides in what manner they may be laid under certain restraints by way of security.

Mr. OTIS interrupted Mr. G. to say he would withdraw his motion. He made it, because he expected the bill would have been objected to by the gentleman from Pennsylvania and his friends. Since they were agreeable to pass it, he had no objection to it.

The committee rose and reported the bill, and it was ordered to be read a third time to-mor

row.

THURSDAY, July 5.

Punishment of Crime.

SEDITION.

The SPEAKER said, the only motion in order, if objections were made to the second reading of the bill, would be to reject the bill.

a law of this kind, it is this. Let gentlemen look at certain papers printed in this city and elsewhere, and ask themselves whether an unwarrantable and dangerous combination does not exist to overturn and ruin the Government

by publishing the most shameless falsehoods against the Representatives of the people of all denominations, that they are hostile to free Governments and genuine liberty, and of course to the welfare of this country; that they ought, therefore, to be displaced, and that the people ought to raise an insurrection against the Government.

In the Aurora, of the 28th of June last, we see this paragraph: "It is a curious fact, America is making war with France for not treating, at the very moment the Minister for Foreign Affairs fixed upon the very day for opening a negotiation with Mr. GERRY. What think

A bill was received from the Senate in addi-you of this, Americans !" tion to the act for the punishment of certain VOL IL-20

Such paragraphs need but little comment.

H. OF R.]

Punishment of Crime.-Sedition.

[JULY, 1798.

every ligament that unites man to his family, man to his neighbor, man to society, and to Government. God deliver us from such liberty, the liberty of vomiting on the public floods of falsehood and hatred to every thing sacred, human, and divine! If any gentleman doubts the effects of such a liberty, let me direct his attention across the water; it has there made slaves of thirty millions of men.

The public agents are charged with crimes, for | lie quietly on their pillows? Are we to see all which, if true, they ought to be hung. The in- these acts practised against the repose of our tention here is to persuade the people that peace country, and remain passive? Are we bound with France is in our power; nay, that she is hand and foot that we must be witnesses of sincerely desirous of it, on proper terms, but these deadly thrusts at our liberty? Are we that we reject her offers, and proceed to plunge to be the unresisting spectators of these exerour country into a destructive war. tions to destroy all that we hold dear? Are This combination against our peace is exten- these approaches to revolution and Jacobinic sive; it embraces characters whose stations de- domination, to be observed with the eye of mand a different course. Is this House free from meek submission? No, sir, they are indeed it? Recollect what a few days ago fell from the terrible; they are calculated to freeze the very very gentleman (Mr. LIVINGSTON) who now so blood in our veins. Such liberty of the press boldly and violently calls on us to reject this bill and of opinion is calculated to destroy all confiat the instant of its coming before us, without | dence between man and man; it leads to a dissosuffering it to be read a second time. The gen-lution of every bond of union; it cuts asunder tleman proposed a resolution requesting the PRESIDENT to instruct Mr. Gerry to conclude a treaty with the French Government; and declared that "he believed a negotiation might be opened, and that it was probable a treaty might be concluded which it would be honorable to the United States to accept. He did not wish to frustrate so happy an event by any punctilio, because they had refused to treat with three Envoys, but were willing to treat with one." At the commencement of the Revolution in This is in the very spirit of the malicious para- France those loud and enthusiastic advocates graph I just now read. It is pursuing the same for liberty and equality took special care to ocsystematic course of operations. The gentle-cupy and command all the presses in the nation; man also said, (what has not been published, they well knew the powerful influence to be obhowever,) that "the commission of the Envoys tained on the public mind by that engine; its being joint and several, Mr. Gerry had unques-operations are on the poor, the ignorant, the tionably ample powers to treat alone." Here are circumstances of what I call a combination against the Government, in attempts to persuade the people of certain facts, which a majority of this House, at least, and of the people at large, I believe, know to be unfounded. Who can say that Mr. Gerry has power to treat alone, or that the French Government is willing to treat with him on fair and honorable terms? Gentlemen do not believe either, let them say what they will. Does such a commission empower one to exercise the functions of the whole in opposition to the opinions of his colleagues? It would produce the most inextricable confusion. The severalty of the powers is well known always to be a provision against such accidents as may prevent or disable a part of the Commissioners from acting. I mention these things to show what false ideas gentlemen endeavor to impress the public mind with on this subject.

The gentleman (Mr. LIVINGSTON) makes his proclamation of war on the Government in the House on Monday, and this infamous printer (Bache) follows it up with the tocsin of insurrection on Tuesday. While this bill was under consideration in the Senate, an attempt is made to render it odious among the people. "Is there any alternative," says this printer, "between an abandonment of the constitution and resistance?" He declares what is unconstitutional, and then invites the people to "resistThis is an awful, horrible example of "the liberty of opinion and freedom of the press." Can gentlemen hear these things and

ance.

[ocr errors]

passionate, and the vicious; over all these classes of men the freedom of the press shed its baneful effects, and they all became the tools of faction and ambition, and the virtuous, the pacific, and the rich, were their victims. The Jacobins of our country, too, sir, are determined to preserve in their hands the same weapon; it is our business to wrest it from them. Hence this motion so suddenly made, and so violently supported by the mover, to reject this bill without even suffering it to have a second reading; hence this alarm for the safety of "the freedom of speech and of the press."

Mr. HARPER said, if, in voting against the rejection of this bill, his vote should be considered as giving his assent to all its provisions, it would be misunderstood. He thought it right and necessary to make a law on the subject; but not exactly such a law as the present, his particular objections to which he should make known when the subject was fully before him. He should vote against a rejection of the bill, because to vote for it, would be to declare that no law ought to be passed to restrict seditious writing and speaking, which was not his opinion.

He had often heard in this place, and elsewhere, harangues on the liberty of the press, as if it were to swallow up all other liberties; as if all law and reason, and every right, human and divine, was to fall prostrate before the liberty of the press; whereas, the true meaning of it is no more than that a man shall be at liberty to print what he pleases, provided he does not offend against the laws, and not that no law shall be passed to regulate this liberty

[blocks in formation]

of the press. He admitted that a law which should say a man shall not slander his neighbor would be unnecessary; but it is perfectly within the constitution to say, that a man shall not do this, or the other, which shall be injurious to the well-being of society; in the same way that Congress had a right to make laws to restrain the personal liberty of man, when that liberty is abused by acts of violence on his neighbor.

Mr. H. knew the liberty of the press had been carried to a very considerable extent in this country. He had frequently seen private character vilely calumniated; he had himself come in for a share of abuse, but he had always despised the base calumniators, believing that a man's propriety of conduct would always be sufficient to shield him against these slanders. When he saw the PRESIDENT OF THE UNITED STATES and the Government of the Union defamed, he still despised them, and he believed also that the people were not affected by them, because he saw they did not rise in insurrection against the Government; and if they had not believed that all the things which were said respecting the Government were vile falsehoods, he should have thought the people the most wretched fools, had they not risen against it.

Mr. NICHOLAS was sorry this motion had been made, because it prevents members from going into the modification of the bill, which he was convinced would completely exemplify the folly of the principle; but until gentlemen saw what form the bill was finally to take, it was impossible to speak with precision on its merits; because if the declarations of the gentlemen from Connecticut and South Carolina were attended to, it would be found they are most afraid of the speeches and letters of gentlemen in this House. They acknowledge, however, they cannot prevent members from speaking what they please here. What, then, is their aim? Do they mean to prevent the publication of their sentiments to their constituents and to the world? If this was not their intention, he could not tell what it was.

There was one general view of this subject, which Mr. N. took to be the most momentous that this country ever saw. He was ready to go with gentlemen into measures for affording a liberal support to the war, which it appears must be gone into; but he was not ready to create a domestic tyranny. The people of this country are competent judges of their own interests, and he was desirous that the press should remain perfectly free to give them every information relative to them; and to restrict it, would be to create a suspicion that there is something in our measures which ought to be kept from the light. It was striking at the root of free republican Government, to restrict the use of speaking and writing. He wished, however, to see the bill put into such a shape as the friends of it themselves might approve.

Mr. LIVINGSTON said, after receiving the chastisement of the gentleman from Connecticut on

[H. OF R.

one cheek, he, like a good Christian, had turned the other to the gentleman from South Carolina, and received the stripes of both. He expressed his acknowledgments to these gentlemen, however, if not for their chastisement, for the insight which they had given the House into this bill. They have said, its design is not only to restrict the liberty of the press, which is secured by the constitution, but the liberty of speech on this floor. The gentleman from South Carolina did not say explicitly that he wished this; but he said he was regardless of what was said in the public papers, either of private or personal slander, or of a slander on the Government, until he heard a certain speech delivered in this House; and though he said he did not intend to restrict the liberty of speech in this House, he must have had something of the kind in view. [Mr. HARPER said it was not his intention to restrict the freedom of speech on that floor, but the consequences of it out of doors.] Then, said Mr. L.. he will either restrict the members from speaking, or, in some way, prevent the people from knowing what has been said. How is this to be done? By shackling newspapers, and preventing that free communication of sentiment which has heretofore been expressed on public topics.

The gentleman from Connecticut had been pleased to read a quotation from some observations which he had made on a former occasion, which that gentleman thought highly blamable. Mr. L. said, what he had read he avowed to be his sentiments. He avowed them with pride, and he trusted he should always avow them with pride. Nor could he see how acts made contrary to the constitution could be binding upon the people; unless gentlemen say Congress may act in contravention to the constitution. [Mr. Oris asked who were to be the judges?] Mr. L. answered, the people of the United States. We, said he, are their servants, when we exceed our powers, we become their tyrants!

This is one object of complaint; the other is against newspaper publications. The gentleman from South Carolina has said, that provided the law is clear and well defined, and the trial by jury is preserved, he knew of no law which could infringe the liberty of the press. If this be true, Congress might restrict all printing at once. We have, said he, nothing to do but to make the law precise, and then we may forbid a newspaper to be printed, and make it death for any man to attempt it!

If this be the extent to which this bill goes, it is not only an abridgment of the liberty of the press, which the constitution has said shall not be abridged; but it is a total annihilation of the press. Were he then to withdraw his motion, he should consider himself guilty of treason; by his consent, so unconstitutional a measure should not progress an inch. However unsuccessful he might be, he would oppose it in every stage.

Mr. OTIS supposed the opposition to this bill arose chiefly from prejudice, as gentlemen could

[blocks in formation]

bate.

[JULY, 1798

not be so well acquainted with the bill from, that it would have been rejected without dehearing it once read, as to say there are no parts of it which ought to become law. He had not nicely examined the merits of this bill, but he heard that it contained several important provisions, and he should certainly be opposed to a rejection of it without a perusal. To vote for such a motion, would be to say, we will not examine the bill; and yet he believed there was nothing in it contrary to the common law of the several States of the Union.

Mr. McD. was sorry that the gentleman from Connecticut should have thought it necessary to have taken up so much of the time of the House by reading paragraphs from newspapers, which every body had seen; but it might have been expected after the gentleman had taken so much pains to vilify and abuse the printer of one of the papers of this city, a citizen of respectable character and connections, that he should have taken at least some notice of another, called the British printer, who boasts of being a subject of King George, and who is generally supposed to be in the pay of the Bri

Mr. MACON had no doubt on his mind that this bill was in direct opposition to the constitution; and that if a law like this was passed, to abridge the liberty of the press, Congress would have the same right to pass a law mak-tish Minister-whose paper contains more libels ing an establishment of religion, or to prohibit its free exercise, as all are contained in the same clause of the constitution; and, if it be violated in one respect, it may as well be violated in others. Several laws had been passed which he thought violated the spirit, but none before this which directly violated the letter of the constitution; and, if this bill was passed, he should hardly think it worth while in future to allege against any measure that it is in direct contradiction to the constitution.

Laws of restraint, like this, Mr. M. said, always operate in a contrary direction from that which they were intended to take. The people suspect something is not right, when free discussion is feared by government. They know that truth is not afraid of investigation.

and lies than any other in the United States, and who, notwithstanding, is countenanced by characters whom he was sorry to see have any connection with such a man; whose constant daily business it is to abuse, and render ridi culous, every member of our Government who does not in every thing fall in with the British views.

As to what had been said with respect to the circular and other letters of members which have been published, he had seen some of them and heard of others. It was not any thing which the gentleman from South Carolina could say, which would prevent him from speaking and writing his sentiments freely. The gentleman from South Carolina said he had seen a letter in the papers the signature of which he If, said Mr. M., the people are so dissatisfied knew. He should be glad to know where he with Government as some gentlemen would saw the signature to know it? He had seen a have it believed, but which he did not credit, letter in Fenno's paper, signed McDowell, folby passing a law like the present you will force lowed by some violent strictures on the letter, them to combine together; they will establish and on the author. The letter he owned to be corresponding societies throughout the Union, his, but the insinuations contained in the obser and communications will be made in secret, in-vations upon it were as false as they were mastead of publicly, as had been the case in other countries. He believed the people might be as safely trusted with free discussion, as they whom they have chosen to do their business.

licious.

Mr. HARPER said, he knew the gentleman wrote the letter in question; but he would assure him he did not see it under seal, nor did he break the seal, or write the strictures upon

It was a most extraordinary thing, Mr. M. said, that at a time like this, when some gentle-it. men say we are at war, and when all believe we must have war, that Congress are about to pass a law which will produce more uneasiness, more irritation, than any act which ever passed the Legislature of the Union.

Mr. GALLATIN wished that the bill had been committed before any debate had taken place, as in its present stage, any observations on details susceptible of amendment would be out of order; and he must now confine himself to the general question "Does the situation of the country, at this time, require that any law of this kind should pass? Do there exist such

No gentleman, in support of the bill, has gone into the constitutional question; no one has shown what part of the constitution will authorize the passage of a law like this. He believ-new and alarming symptoms of sedition, as rened none such could be adduced.

The gentleman from Massachusetts (Mr. OTIs) has said, this bill is conformable to the common law. He knew persons might be prosecuted for a libel under the State Governments; but if this power exists in full force at present, what necessity can there be for this bill?

der it necessary to adopt, in addition to the existing laws, any extraordinary measure for the purpose of suppressing unlawful combinations, and of restricting the freedom of speech and of the press? For such were the objects of the bill, whatever modifications it might hereafter receive.

Mr. MCDOWELL was in hopes that when the The manner in which the principle of the bill third article of the amendments to the consti- had been supported, was perhaps more extraortution had been read, that the unconstitution-dinary still than the bill itself. The gentleman ality of this bill would have been so evident, from Connecticut, (Mr. ALLEN,) in order to

« PreviousContinue »