CHAPTER II.

RESIDENCE IN BOSTON.--RETURNS TO THE BAR.--ELECTED TO THE SENATE OF

MASSACHUSETTS.--TO THE SENATE OF THE UNITED STATES.--HIS COURSE RELATIVE

TO THE ATTACK OF THE LEOPARD ON THE CHESAPEAKE.--RESIGNS HIS SEAT AS

SENATOR OF THE UNITED STATES.--APPOINTED MINISTER TO RUSSIA.--FINAL

SEPARATION FROM THE FEDERAL PARTY.

Under the circumstances stated in the preceding chapter, Mr. Adams

returned to the United States in no disposition to coälesce with either

division of the Federal party. He regarded it as fortunate for himself

that events, in producing which he had no agency, had placed him in a

position free from any constructive pledges to a party which in its

original form no longer existed, and at liberty to shape his future

course according to his own independent views of private interest and

public duty. Resuming his residence in Boston, and his place at the bar

of Massachusetts, under circumstances far from being pleasant or

encouraging, after eight years' employment in foreign official stations,

he had old studies to revise, and new statutes and recent decisions to

explore. To the broad field of diplomacy had succeeded the intricate and

narrow windings of special pleading and local laws. His juniors were in

the field; by the failure of European bankers his property had been

diminished; he had a family to support; yet, neither dispirited nor

complaining, he reëntered his profession, and, devoting his leisure

hours to literature and science, apparently abandoned the political

arena, without manifesting a design or desire to return to it. But he

was not destined to remain long in private life. At this period the

Federalists had lost the control of national affairs, but they retained

their superiority in Massachusetts. Their union as a party was not

sustained by the same identity of feeling and view by which, in earlier

periods, it had been characterized. It was cemented rather by antipathy

to the prevailing power than by any hope of regaining it. A division,

more real than apparent, separated the friends of the elder Adams from

those who, uniting with Hamilton, had condemned his policy in the

presidency. The former were probably larger in number; the latter had

the advantage in talent, activity, and influence. Both soon united in

placing Mr. Adams in the Senate of the state, without any solicitation

or intimation of political coïncidence from him. In this election the

opponents of his father's policy were acquiescent rather than content.

They knew the independence and self-relying spirit of Mr. Adams, his

restiveness in the trammels of party, his disposition to lead rather

than follow; and yielded silently to a result which they could not

prevent. The spirit which they anticipated was soon made evident.

At the annual organization of the state government it had been usual to

choose the members of the Governor's Council from his political friends.

Mr. Adams at once proposed to place in it one or more of his political

opponents. This measure, which he maintained was wise and prudent, was

regarded, according to the usual charity of party spirit, as designed to

gain favor with the Democracy, and was immediately rejected. In other

instances his disposition to think and act independently of the Federal

party was manifested, and was of course not acceptable to its leaders.

In November he was urged to accept a nomination as a member of the House

of Representatives in Congress. This he refused, saying that "he would

not stand in the way of Mr. Quincy,"[1] who had been the candidate at

the preceding election. This objection was immediately removed, by an

assurance of the previous determination of the latter to decline, and of

the satisfaction with which he regarded the nomination of Mr. Adams. The

result was unsuccessful. Out of _thirty-seven hundred votes_, William

Eustis was elected by a majority of _fifty-nine_. The newspapers

assigned as the cause that the day of the election was rainy. Mr. Adams

surmised that it was owing to the indifference to his success of the

leaders of the old Federal party, and remarked on the occasion, "This is

among the thousand proofs how large a portion of Federalism is a mere

fair-weather principle, too weak to overcome a shower of rain. It shows

the degree of dependence that can be placed on such friends. As a party

their adversaries are more sure and more earnest."

[1] The writer of this Memoir.

In an oration, delivered in May of this year, before the Massachusetts

Charitable Fire Society, Mr. Adams paid a just and feeling tribute to

the memory of George Richards Minot, then recently deceased, in which

the character of that historian, the purity of his life, moral worth,

and intellectual endowments, are celebrated with great fulness and

truth. In December he delivered, at Plymouth, an address commemorative

of the Pilgrim Fathers.

During the remainder of the civil year Mr. Adams had more than once

indicated his independence of party, and his settled purpose of thinking

and acting on all subjects for himself. When, therefore, in February,

1803, a vacancy in the Senate of the United States occurred, the

nomination of Mr. Adams was opposed by that of Timothy Pickering, who

was deemed by his friends better entitled to the office, from age and

long familiarity with public affairs. To their extreme disappointment,

however, after three ballotings, without success, in the House of

Representatives, Mr. Adams was chosen, and his election was unanimously

confirmed by the Senate. In March following, another vacancy in the

Senate of the United States having occurred, Mr. Pickering was elected.

Thus, by a singular course of events, two statesmen were placed as

colleagues in the Senate of the United States, from Massachusetts,

between whom, from antecedent circumstances and known want of sympathy

in political opinion, cordial coöperation could scarcely be anticipated.

Apparent harmony of principles and views was, however, manifested. Mr.

Adams well understood the delicacy of his position, arising from the

ill-concealed jealousy of the Federalists, on the one hand, and the open

dislike of the Democracy, on the other. He considered himself placed

between two batteries, neither of which regarded him as one of their

soldiers. He early adopted two principles, as rules of his political

conduct, from which he never deviated,--to seek or solicit no public

office, and, to whatever station he might be called by his country, to

use no instrument for success or advancement but efficient public

service.

In October, 1803, Mr. Adams removed his family to Washington, and took

his seat in the Senate of the United States. On the 26th of that month

he took ground in opposition to the administration upon the bill

enabling the President to take possession of Louisiana, and on which he

voted in coïncidence with his Federal colleagues. His objection was to

the second section, which provided "_that all the military, civil and

judicial powers_, exercised by the officers of the existing government

of Louisiana, shall be vested in _such person and persons_, and shall be

_exercised in such manner, as the President of the United States shall

direct_." The transfer of such a power to the President of the United

States, Mr. Adams deemed and maintained, was unconstitutional; and he

called upon the supporters of the bill to point out the article,

section, or paragraph, of the constitution, which authorized Congress to

confer it on the President. He regarded the constitution of the United

States to be one of limited powers; and he declared that he could not

reconcile it to his judgment that the authority exercised in this

section was within the legitimate powers conferred by the constitution.

Many years afterwards, when his vote on this occasion was made a subject

of party censure and obloquy, in addition to the preceding reasons Mr.

Adams gave to the public the following solemn convictions which

influenced his course:

"The people of the United States had not--much less had the people

of Louisiana--given to the Congress of the United States the power

to form this union; and, until the consent of both people could be

obtained, every act of legislation by the Congress of the United

States over the people of Louisiana, distinct from that of taking

possession of the territory, was, in my view, unconstitutional, and

an act of usurped authority. My opinion, therefore, was that the

sense of the people, both of the United States and Louisiana, should

be immediately taken: of the first, by an amendment of the

constitution, to be proposed and acted upon in the regular form; and

of the last, by taking the votes of the people of Louisiana

immediately after possession of the territory should be taken by the

United States under the treaty. I had no doubt that the consent of

both people would be obtained with as much ease and little more loss

of time than it actually took Congress to prepare an act for the

government of the territory; and I thought this course of

proceeding, while it would terminate in the same result as the

immediate exercise of ungranted transcendental powers by Congress,

would serve as a landmark of correct principles for future

times,--as a memorial of homage to the fundamental principles of

civil society, to the primitive sovereignty of the people, and the

unalienable rights of man."

On the 3d of the ensuing November he manifested his independent spirit

by voting in favor of the appropriation of eleven millions of dollars

for carrying into effect the treaty for the purchase of Louisiana, in

opposition to the other senators of the Federal party;--a vote which,

many years afterwards, in consequence of comments of party, he took the

opportunity publicly to explain. The critical nature of the course to

which he foresaw he was destined was thus expressed by himself: "I have

had already occasion to experience, what I had before reason to expect,

the danger of adhering to my own principles. The country is so totally

given up to the spirit of party, that not to follow the one or the other

is an unexpiable offence. The worst of these has the popular current in

its favor, and uses its triumph with all the unprincipled fury of

faction; while the other is waiting, with all the impatience of revenge,

for the time when its turn may come to oppress and punish by the popular

favor. But my choice is made. If I cannot hope to give satisfaction to

my country, I am at least determined to have the approbation of my own

reflections."

On the 10th of January, 1804, Mr. Adams introduced two resolutions for

the consideration of the Senate: the one declaring that "the people of

the United States have never, in any manner, delegated to this Senate

the power of giving its legislative concurrence to any act imposing

taxes upon the inhabitants of Louisiana without their consent;" the

other, "that, by concurring in any act of legislation for imposing taxes

upon the inhabitants of Louisiana, without their consent, this Senate

would assume a power unwarranted by the constitution, and dangerous to

the liberties of the people of the United States." After a debate of

three hours, both resolutions were rejected, as he anticipated; only

three senators--Tracy, of Connecticut, Olcott, of New Hampshire, and

White, of Delaware--voting with him in favor of the first, and

twenty-two voting in the negative; Mr. Pickering, his colleague, asking

to be excused from voting, and Mr. Hillhouse, the remaining Federalist

in the Senate, absenting himself, obviously to avoid voting: after which

the last was unanimously rejected. Concerning his course on this

occasion Mr. Adams wrote: "I have no doubt of incurring much censure and

obloquy for this measure. I hope I shall be prepared for and able to

bear it, from the consciousness of my sincerity and of my duty."

Mr. Adams alone spoke against the bill for the temporary government of

Louisiana, which passed on the ensuing 18th of February; and only four

senators--Messrs. Hillhouse, Olcott, Plummer, and Stone--voted with him

in the negative; Mr. Pickering absenting himself from the question.

In August, 1805, the corporation of Harvard College elected Mr. Adams

Professor of Rhetoric and Oratory on the Boylston foundation. After

modifications of the statutes, which he suggested, were adopted, he

accepted, and immediately entered upon a course of preparatory studies,

reviving his knowledge of the Greek, and making researches among

English, Latin, and French writers, relative to the objects of his

professorship. In the ensuing December, as a member of the Ninth

Congress, he took an active part in the debates and measures of the

Senate.

In January, 1806, he was appointed on a committee, of which Mr. Smith,

of Maryland, was chairman, on that part of the President's message

"relative to the spoliations of our commerce on the high seas, and the

new principles assumed by the British courts of admiralty, as a pretext

for the condemnation of our vessels in their prize courts." The debates

in that committee resulted in two resolutions, both offered by Mr.

Adams, adopted, reported, and finally passed by the Senate, with some

modifications; Mr. Pickering, Mr. Hillhouse, and Mr. Tracy, the three

Federalists in the Senate, voting for them.

British aggressions and British policy towards neutrals were, in the

judgment of Mr. Adams, to be resisted at every hazard. His opinions on

these subjects had been formed from opportunities which no other

American statesman had equally enjoyed. In 1783 he had been present at

the signature of the treaty of peace, and had imbibed the opinions and

feelings then entertained by the American ministers. In 1795 he had been

engaged in negotiations with British statesmen, particularly with Lord

Grenville. Their views in respect of American commercial rights he

considered selfish and insolent; resistance to them as an emanation from

the spirit of patriotism, to which others gave the name of "prejudice,"

or "antipathy." Of these opinions and feelings he made no concealment;

and to them may be traced the course of policy which, shortly after,

separated him from the Federal party, and subjected him temporarily to

their reproaches and censures.

In June, 1806, Mr. Adams was inaugurated Professor of Oratory in Harvard

University, and during the ensuing two years delivered a course of

lectures on Rhetoric and Oratory, which have been published in two

octavo volumes, and constitute an enduring monument of fidelity,

laborious research, and eloquent illustration of the objects and duties

of his academic station. While engaged in these labors, an event

occurred which intensely excited his feelings as a man and a statesman.

On the 22d of June, 1807, during the recess of Congress, an attack by

the British ship Leopard upon the American frigate Chesapeake, by which

several of her crew were killed, and four of them taken away, created

surprise and indignation throughout the Union. From the previous state

of his opinions, no one partook more strongly of these feelings than Mr.

Adams. He immediately urged his political friends to call a town-meeting

in Faneuil Hall on the subject; but the measure was utterly discouraged

by the leaders of the Federal party. Soon, however, a meeting of the

inhabitants of Boston and the neighboring towns was called at the

Statehouse to consider that outrage. The meeting was not numerous, and

consisted almost entirely of the friends of the administration. Mr.

Gerry was chosen chairman, and Mr. Adams, who had attended it, was

appointed on the committee to prepare appropriate resolutions. These,

when reported and modified according to suggestions made by Mr. Adams,

were unanimously adopted. When it was intimated to him that his course

was regarded as symptomatic of party apostasy, he replied that his sense

of duty should never yield to the pleasure of party.

Soon after, in consequence of letters from a committee of correspondence

at Norfolk, a town-meeting was called at Faneuil Hall, at which

resolutions were passed, reported by a committee of which Mr. Adams was

chairman. Mr. Otis offered a resolution calling on government for the

protection of a naval force; but, Mr. Adams objecting, it was withdrawn.

On the 27th of October, 1807, Mr. Jefferson called a special meeting of

Congress, chiefly on account of the affair of the Chesapeake. On this

subject the discrepancy of the opinions and views of Mr. Adams with

those of the leaders of the Federal party were so openly manifested,

that his separation from it was generally anticipated. He had now been a

member of the Senate during four sessions, but had not been permitted to

exercise any decided influence on the subjects of debate. Many of his

propositions had failed under circumstances which indicated a

disposition to discourage him from such attempts. Some, which on his

motion had been negatived, had been subsequently easily carried, when

moved by members of the administration party. In respect of the general

policy of the country, he had been uniformly in a small and decreasing

minority. His opinion and votes, however, had been oftener in unison

with the administration than with their opponents; and he had met with

quite as much opposition from his party friends as from their

adversaries. At this crisis, however, he took the lead, and, immediately

on the delivery of the President's message, offered to the Senate two

resolutions. 1st. "That so much of the President's message as related to

the recent outrages committed by British armed vessels within the

jurisdiction and in the waters of the United States, and to the

legislative provisions which may be expedient as resulting from them, be

referred to a select committee, with leave to report by bill or

otherwise." 2d. "That so much of the said message as relates to the

formation of the seamen of the United States into a special militia, for

the purpose of occasional defence of the harbors against sudden attacks,

be referred to a special committee, with leave to report by bill or

otherwise."

Both these resolutions were adopted, and on the first Mr. Adams was

appointed chairman. Soon after, in the course of the same session, Mr.

Adams took the incipient step on several important subjects, and was

appointed chairman of the committee to whom they were intrusted in each

of them; thus manifesting that he intended no longer to take a

subordinate part in the proceedings of the Senate, and that a

disposition to disappoint him was no longer a feeling entertained by a

majority of that body.

On the 24th of November, Mr. Adams reported a bill on the British

outrages, and, on a motion to strike out of it a section providing that

"no British armed vessel shall be admitted to enter the harbors and

waters under the jurisdiction of the United States, except when forced

in by distress, by the dangers of the sea, or when charged with public

dispatches, or coming as a public packet." Mr. Adams, with twenty-five

others, voted in the negative. Messrs. Goodrich, Pickering, and

Hillhouse, the only three Federal senators, alone voted in the

affirmative. On the final passage of the bill, Mr. Adams voted with the

majority, in the affirmative, and the three Federal senators in the

negative.

On the 18th of December, 1807, Mr. Jefferson sent a message to Congress

recommending an embargo. A bill in conformity having been immediately

reported, a motion was made, in the Senate, that the rule which required

three different readings on three different days should be suspended for

three days. Violent debates ensued. On the vote to suspend, Mr. Adams

voted in the affirmative. His colleague and every other Federalist voted

in the negative.

On the final passage of the bill laying the embargo, and on the subject

of British aggressions, Mr. Adams again repeatedly separated from his

colleagues and the other members of the Federal party, and voted in

coïncidence with the administration.

Newspaper asperities and severities in debate ensued, which he

supported, as he averred, in the consciousness that the course of the

administration was the only safe one for his country, and in the belief

that it would be justified by events, and receive the sanction of future

times. His course had been, however, opposite to that of the other

Federal members in both houses of Congress. On a subject so momentous to

the commercial states, his colleague, Mr. Pickering, thought proper to

justify to the people of Massachusetts the course and motives of the

Federal party, and on the 16th of February, 1808, addressed a letter to

James Sullivan, Governor of that commonwealth, stating what papers "had

been submitted to Congress by the President in justification of the

embargo," and endeavored to show, by facts and reasonings, that the

measure had been passed "without sufficient motive or legitimate object;

that the avowed dangers were imaginary and assumed; and that the real

motives for it were contained in those French dispatches which had been

confidentially submitted to Congress, and withdrawn by Mr. Jefferson, in

which the French emperor had declared that he will have no neutrals;"

that the embargo was "a substitute--a mild compliance with this harsh

demand;" that he (Mr. Pickering) had reason to believe that the

President contemplated its continuance until the French emperor repealed

his decrees. He concluded by asserting that an embargo was not necessary

to the safety of our seamen, our vessels, or our merchandise, and was

calculated to mislead the public mind to the public ruin.

This letter, though intended for the Legislature of Massachusetts, was

not communicated to it, the political path of Governor Sullivan not

being coïncident with that of Colonel Pickering. But it was soon

published by a friend of the writer. In a letter to Harrison G. Otis, on

the 31st of March, 1808, Mr. Adams published a reply, stating that Mr.

Pickering, in enumerating the _pretences_ (for he thinks there were no

causes) for the embargo, totally omitted the British orders in council,

which, although not made the subject of special communication by the

President, had been published in the _National Intelligencer_ antecedent

to the embargo, the sweeping tendency of whose effects formed, to his

understanding, a powerful motive, and together with the papers a

decisive one, for assenting to the embargo; a measure which he regarded

as "the only shelter from the tempest, the last refuge of our violated

peace." He adds: "The most serious effect of Mr. Pickering's letter is

its tendency to reconcile the commercial states to the servitude of

British protection, and war with all the rest of Europe." Regarding it

as a proposition to strike the standard of the nation, he proceeded to

investigate the claims of Great Britain in respect of impressment, and

to her denying neutrals the right of any commerce with her enemies and

their colonies, which was not allowed in time of peace. This result of

the rule of 1756, he asserted, was "in itself and its consequences one

of the deadliest poisons in which it was possible for Great Britain to

tinge the weapons of her hostility." The decrees of France and Spain, by

which every neutral vessel which submitted to English search was

declared "_denationalized_," and became English property, though cruel

in execution, and too foolish and absurd to be refuted, were but the

reasoning of British jurists, and the simple application to the

circumstances and powers of France of the rule of the war of 1756. Mr.

Adams then proceeded to state and reason upon other aggressions of Great

Britain on our commerce, and asserted that "between unqualified

submission and offensive resistance against the war declared against

American commerce by the concurring decrees of all the belligerent

powers, the embargo had been adopted; and having the double tendency of

promoting peace and preparing for war, in its operation is the great

advantage which more than outweighs all its evils."

A course thus independent, and in harmony with the policy of the

administration, caused Mr. Adams to become obnoxious to suspicions

inevitably incident to every man who, in critical periods, amid party

struggles, changes his political relations. Of the dissatisfaction of

the Legislature of Massachusetts Mr. Adams received an immediate proof.

His senatorial term would expire on the 3d of March, 1809. To indicate

their disapprobation of his course, they anticipated the time of

electing a senator of the United States, which, according to usage,

would have been in the legislative session of that year. James Lloyd

was chosen senator from Massachusetts by a vote of two hundred and

forty-eight over two hundred and thirteen for Mr. Adams, in the House

of Representatives, and of twenty-one over seventeen, in the Senate.

On the same day anti-embargo resolutions were passed in both branches

by like majorities.

The next day Mr. Adams addressed a letter to that Legislature, in which

he stated that it had been his endeavor, deeming it his duty, to support

the administration of the general government in all necessary measures

to preserve the persons and property of our citizens from depredation,

and to vindicate the rights essential to the independence of our

country; that certain resolutions having passed the Legislature,

expressing disapprobation of measures to which, under these motives,

he had given assent, and which he considered as enjoining upon the

representatives of the state in Congress a _sort_ of opposition to the

national administration in which, consistently with his principles, he

could not concur, he, therefore, to give the Legislature an opportunity

to place in the Senate of the United States a member whose views might

be more coincident with those they entertained, resigned his seat in

that body. James Lloyd was immediately chosen by the Legislature to

take the seat thus vacated.

In the midst of these political agitations Mr. Adams was constantly

employed in writing and delivering lectures, as Professor of Rhetoric,

and in pursuing his studies of the Greek language and the science of

astronomy. During the ensuing summer, the neglect or withdrawal of some

former friends, and the open asperities of others, were often trying to

his feelings. Rumors were circulated of promises made or of expectations

held out to him by the administration; and, although he unequivocally

denied their truth, belief in them was in accordance with the party

passions of the moment, and was diligently inculcated on the popular

mind by pamphlets and newspapers. Also in the summer and winter of 1808

he had to support an oppressive weight of obloquy, from which he had no

relief, as he asserted, but an unshaken confidence that his course had

been coïncident with the true interests of his country, and would

finally be approved by it.

In the winter of 1809 he attended the Supreme Court of the United States

at Washington, and while there first received from Mr. Madison, two days

after his inauguration as President of the United States, an intimation

of his intention to offer him the appointment of minister plenipotentiary

to St. Petersburg. When this nomination and the concurrence of the Senate

became public, it was seized and commented upon as unquestionable

evidence of the motives which had occasioned the change in his political

course, and was made the subject of severe animadversions in all the

forms in which indignant partisans are accustomed to express censure and

reproach. This appointment his political adversaries announced as at once

a proof and the reward of his apostasy. Such insinuations were felt by

Mr. Adams as an insupportable wrong. For seven years he had previously

represented his country at foreign courts, in stations to which he had

been first appointed by Washington himself; who had declared that he must

not think of retiring from the diplomatic line, and pronounced him the

ablest, and destined ultimately to become the head, of the diplomatic

corps.[2] Under these circumstances he felt that even party spirit itself

might have spared towards him this reproach, and have recognized higher

motives than seeking and receiving reward for party services. Actuated by

this sense of wrong, while preparing for his departure on the mission to

Russia, he issued from the press a series of strictures, at once severe

and vindictive, on the policy of the Federal leaders, in the form of a

review of the writings of Fisher Ames; which were regarded by the public,

and probably intended by himself, as an evidence of irreconcilable

abandonment of the party to which he had formerly belonged, and a

permanent adhesion to that of the national administration.

[2] See pages 18 and 19.

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