CHAPTER IX.

THE President’s Annual Message, read November 29 before Congress,

threw no light on the situation. If Madison’s fame as a statesman

rested on what he wrote as President, he would be thought not only

among the weakest of Executives, but also among the dullest of men,

whose liveliest sally of feeling exhausted itself in an epithet, and

whose keenest sympathy centred in the tobacco crop; but no statesman

suffered more than Madison from the constraints of official dress.

The Message of 1809 hinted that England had no right to disavow her

minister’s engagement, and that Jackson’s instructions as well as his

conduct betrayed a settled intent to prevent an understanding; but

these complaints led to no corrective measures. The President professed

himself still willing to listen with ready attention to communications

from the British government through any new channel, and he seemed to

fall back on Jefferson’s “painful alternatives” of the year before,

rather than on any settled plan of his own:--

“In the state which has been presented of our affairs with the

parties to a disastrous and protracted war, carried on in a

mode equally injurious and unjust to the United States as a

neutral nation, the wisdom of the national Legislature will be

again summoned to the important decision on the alternatives

before them. That these will be met in a spirit worthy of the

councils of a nation conscious both of its rectitude and of its

rights, and careful as well of its honor as of its peace, I

have an entire confidence. And that the result will be stamped

by a unanimity becoming the occasion, and be supported by every

portion of our citizens with a patriotism enlightened and

invigorated by experience, ought as little to be doubted.”

Such political formulas, conventional as a Chinese compliment, probably

had value, since they were current in every government known to man;

but that President Madison felt entire confidence in the spirit of the

Eleventh Congress could not be wholly believed. John Randolph best

described Madison’s paper in a letter to Judge Nicholson, a few days

afterward:[139]

“I have glanced over the President’s Message, and to say the

truth it is more to my taste than Jefferson’s productions on the

same occasions. There is some cant to be sure; but politicians,

priests, and even judges, saving your honor’s presence, must

cant, ‘more or less.’”

Probably the colorless character of the Message was intended to disarm

criticism, and to prevent Randolph and the Federalists from rousing

again the passions of 1808; but sooner or later some policy must be

adopted, and although the Message suggested no opinion as to the

proper course, it warned Congress that the crisis was at hand: “The

insecurity of our commerce and the consequent diminution of the public

revenue will probably produce a deficiency in the receipts of the

ensuing year.” The moment when a Republican administration should begin

to borrow money for ordinary expenses in time of peace would mark a

revolution in the public mind.

Upon Gallatin, as usual, the brunt of unpopular responsibility fell.

His annual Report, sent to the House December 8, announced that a loan,

probably of four million dollars, would be required for the service

of 1810; that the Non-intercourse Law, as it stood, was “inefficient

and altogether inapplicable to existing circumstances;” and finally

that “either the system of restriction, partially abandoned, must be

reinstated in all its parts, and with all the provisions necessary for

its strict and complete execution, or all the restrictions, so far

at least as they affect the commerce and navigation of citizens of

the United States, ought to be removed.” This subject, said Gallatin,

required immediate attention; but in regard to the wider question of

war or peace he contented himself with a reference to his two preceding

reports.

Congress showed more than usual unwillingness to face its difficulties.

The episodes of Erskine and Jackson supplied excuse for long and

purposeless debates. In the Senate, December 5, Giles reported from

a special committee the draft of a Resolution denouncing Jackson’s

conduct as indecorous, insolent, affronting, insidious, false,

outrageous, and premeditated,--epithets which seemed to make

superfluous the approval of Madison’s course or the pledge of support

with which the Resolution ended. Giles reviewed the conduct of Jackson

and Canning, entreating the Senate to banish irritation and to restore

harmony and mutual good-will, “the most fervent prayer of one who in

the present delicate, interesting crisis of the nation feels a devotion

for his country beyond everything else on this side of heaven.”[140]

The experience of many years warranted Giles’s hearers in suspecting

that when he professed a wish for harmony, the hope of harmony must

be desperate, for his genius lay in quite another direction; and when

he laid aside partisanship, his party had reason to look for some

motive still narrower. His course quickly proved the sense in which he

understood these phrases.

January 3, 1810, the President recommended by message the enlistment

for a short period of a volunteer force of twenty thousand men, and a

reorganization of the militia; adding that it would rest with Congress

also “to determine how far further provision may be expedient for

putting into actual service, if necessary, any part of the naval

armament not now employed.” No one knew what this language meant.

Crawford of Georgia, with his usual bluntness, said:[141] “This

Message, in point of obscurity, comes nearer my ideas of a Delphic

oracle than any state paper which has come under my inspection. It

is so cautiously expressed that every man puts what construction on

it he pleases.” Giles pleased to put upon it a warlike construction.

January 10 he reported a bill for fitting out the frigates; January

13 he supported this bill in a speech which surprised Federalists and

Republicans alike, if they could be still surprised at the varieties of

Giles’s political philosophy.

“The visionary theory of energy,” said he, “was the fatal error

of the Federal party, and that error deprived it of the power

of the nation. The government being thus placed in the hands

of the Republicans, while heated by the zeal of opposition to

the Federal doctrines and flushed with their recent triumph, it

was natural for them, with the best intentions, to run into the

opposite extreme; to go too far in the relaxations of the powers

of the government, and to indulge themselves in the delightful

visions of extending the range of individual liberty.... It

was natural that in the vibration of the political pendulum,

it should go from one extreme to another; and that this has

been too much the case with the Republican administration, he

regretted to say, he feared would be demonstrated by a very

superficial review of the events of the last two or three years.”

Energy was a fatal mistake in the Federalists; relaxation was an

equally fatal mistake in the Republicans,--and the remedy was a show

of energy where energy did not exist. Giles won no confidence by thus

trimming between party principles; but when Samuel Smith argued for

Giles’s bill on grounds of economy, friends of the Administration

felt little doubt of the motives that guided both senators. Had

they declared for war, or for peace; had they proposed to build

more frigates or ships-of-the-line, or to lay up those in active

service,--had they committed themselves to a decided policy of any

kind, their motives would have offered some explanation consistent with

a public interest; but they proposed merely to fit out the frigates

while giving them nothing to do, and the Republican party, as a whole,

drew the inference that they wished to waste the public money, either

for the personal motive of driving Madison and Gallatin from office,

or for the public advantage of aiding the Federalists to weaken the

Treasury and paralyze the nation.

Crawford replied to Giles with some asperity; but although Crawford was

known to represent the Treasury, so completely had the Senate fallen

under the control of the various cabals represented by Vice-President

Clinton, Giles, Smith, and Michael Leib of Pennsylvania, with their

Federalist associates, that Crawford found himself almost alone.

Twenty-five senators supported the bill; only six voted against it.

Giles impressed the least agreeable qualities of his peculiar character

on this Senate,--a body of men easily impressed by such traits. By

a vote of twenty-four to four, they passed the Resolution in which

Giles showed energy in throwing epithets at the British government,

as they passed the bill for employing frigates to pretend energy that

was not in their intentions. No episode in the national history was

less encouraging than the conduct of Congress in regard to Giles’s

Resolution. From December 18 to January 4, the House wasted its time

and strength in proving the helplessness of Executive, Congress,

parties, and people in the grasp of Europe. With painful iteration

every Republican proved that the nation had been insulted by the

British minister; while every Federalist protested his inability to

discern the insult, and his conviction that no insult was intended.

Except as preliminary to measures of force, Giles’s Resolution showed

neither dignity nor object; yet the Republicans embarrassed themselves

with denials of the Federalist charge that such language toward a

foreign government must have a warlike motive, while the Federalists

insisted that their interests required peace.

If the Resolution[142] was correct in affirming as it did that the

United States had suffered “outrageous and premeditated insults” from

Jackson, Congress could not improve the situation by affirming the

insult without showing even the wish to resent it by means that would

prevent its repetition; but the majority saw the matter in another

light, and when the Federalists resorted to technical delays, the

Republicans after a session of nineteen hours passed the Resolution

by a vote of seventy-two to forty-one. Macon, Stanford, and the old

Republicans voted with the Federalists in the minority, while Randolph

was ill and absent throughout the debate.

The Resolution marked the highest energy reached by the Eleventh

Congress. Giles’s bill for fitting out the frigates was allowed to

slumber in committee; and a bill for taking forty thousand volunteers

for one year into government service never came to a vote in the

Senate. Congress was influenced by news from England to lay aside

measures mischievous except as a prelude to hostilities. The change of

Administration in London opened the way to new negotiations, and every

fresh negotiation consumed a fresh year.

No course would have pleased Congress so much as to do nothing at

all; but this wish could not be fully gratified. The Non-intercourse

Act of March 1, 1809, was to expire by limitation with the actual

session. As early as December 1 the House referred the matter to a

committee with Macon for its head. Macon probably went to the Treasury

for instructions. A plan drawn by Gallatin, and accepted without

opposition by the Cabinet, was reported December 19 to the House in

the form of a bill which had less the character of a Non-intercourse

than of a Navigation Act; for while it closed American ports to every

British or French vessel public and private, it admitted British and

French merchandise when imported directly from their place of origin

in vessels wholly American. The measure was as mild a protest as human

skill could devise if compared with the outrages it retaliated, but

it had the merit of striking at the British shipping interest which

was chiefly to blame for the conduct of the British government. Under

the provisions of the bill, American shipping would gain a monopoly

of American trade. Not a British vessel of any kind could enter an

American port.

Macon’s bill came before the House Jan. 8, 1810, for discussion, which

lasted three weeks. The opposition objected to the new policy for the

double reason that it was too strong and too weak. St. Loe Livermore, a

Massachusetts Federalist, began by treating the measure as so extreme

that England and France would resent it by shutting their ports to

all American ships; while Sawyer of North Carolina denounced it as

evaporating the national spirit in mere commercial regulations, when

no measure short of war would meet the evil. According as commerce

or passion weighed with the reasoners, the bill was too violent or

disgracefully feeble. Throughout the winter, these contradictory

arguments were pressed in alternation by speaker after speaker. Macon

reflected only the views of Madison and Gallatin when he replied that

if England and France should retaliate by excluding American shipping

from their ports, they would do what America wanted; for they must

then enforce the non-intercourse which the United States had found

impossible to enforce without their aid. He agreed with the war-members

that the bill showed none too much energy, but he argued that the

nation was less prepared for war than in 1808 and 1809; while as for

Jackson’s quarrels, he declined to admit that they changed the affair

one iota.

Although the two extremes still stood so far apart that their arguments

bore no relation to each other, the violence of temper which marked the

embargo dispute, and which was to mark any step toward actual measures

of force, did not appear at this session. Indeed, the Federalists

themselves were not unanimous; some of the most extreme, like Barent

Gardenier and Philip Barton Key, supported Macon’s plan, while some of

the extremists on the other side, like Troup of Georgia, voted against

it. January 29, by a vote of seventy-three to fifty-two, the House

passed the bill. The Senate soon afterward took it up; and then, as was

to be expected, the factions broke loose. February 21, at the motion of

Senator Samuel Smith, by a vote of sixteen to eleven the Senate struck

everything from the bill except the enacting clause and the exclusion

of belligerent war-vessels from United States’ harbors.

An Administration measure could not without rousing angry feelings be

so abruptly mutilated by a knot of Administration senators. Samuel

Smith’s motives, given in his own words, were entitled to proper

attention; but President Madison’s opinion on the subject, whether

correct or mistaken, had even more effect on what was to follow.

Madison believed that the rejection of the bill was an intrigue of the

Smiths for selfish or personal objects. He recorded the language which

he felt himself obliged to use on the subject, twelve months afterward,

to Robert Smith’s face:[143]--

“For examples in which he had counteracted what he had not

himself disapproved in the Cabinet, I referred to the bills

called Macon’s bills, and the Non-intercourse Bill, on the

consultation on which he appeared to concur in their expediency;

that he well knew the former, in its outline at least, had

originated in the difficulty of finding measures that would

prevent what Congress had solemnly protested against,--to wit,

a complete submission to the belligerent edicts; that the

measure was considered as better than nothing, which seemed to

be the alternative, and as part only of whatever else might in

the progress of the business be found attainable; and that he

neither objected to what was done in the Cabinet (the time and

place for the purpose), nor offered anything in the place of it,

yet it was well understood that his conversations and conduct

out of doors had been entirely of a counteracting nature;

that it was generally believed that he was in an unfriendly

disposition personally and officially; and that although in

conversations with different individuals he might not hold the

same unfavorable language, yet with those of a certain temper it

was no secret that he was very free in the use of it, and had

gone so far as to avow a disapprobation of the whole policy of

commercial restrictions from the embargo throughout.”

Robert Smith, doubtless believing that all his actions had been above

question or reproach, protested warmly against these charges of

unfriendliness and intrigue; but Madison, with a feminine faculty for

pressing a sensitive point, insinuated that in his opinion both the

Smiths were little better than they should be. “With respect to his

motives for dissatisfaction I acknowledged that I had been, for the

reasons given by him, much puzzled to divine any natural ones without

looking deeper into human nature than I was willing to do.” The meaning

of the innuendo was explained by Joel Barlow the following year in

the “National Intelligencer,” where he acted as Madison’s mouthpiece

in defending the Administration from Robert Smith’s attacks. One of

Smith’s complaints rested upon Macon’s bill. Barlow asked, “What gives

Mr. Smith a right at this day to proclaim himself in opposition to that

bill? Was it ever laid before the Cabinet and opinions taken? Did he

there oppose it? Did he not rather approve it, and give his vote for

every article? Did he ever utter a syllable against it till his more

acute brother discovered the commercial bearing that it would have upon

the house [of Smith and Buchanan], and concluded that their interest

required its rejection?”

Perhaps this explanation, however offensive to the Smiths, injured

them less than the other suspicion which had as much vogue as the

first,--that their conduct toward Macon’s bill was a part of their feud

against Gallatin, and proved their determination to oppose everything

he suggested. At the moment when Samuel Smith revolted against Macon’s

measure, Washington was filled with tales of quarrels in the Cabinet.

In truth, these reports were greatly exaggerated. Robert Smith had

not the capacity to develop or to pursue a difficult line of argument

even without opposition. Against Gallatin he could not, and as Madison

testified did not, open his mouth, nor did Gallatin or Madison ever

complain except of Smith’s silence in the Cabinet; but he talked freely

in society, and every one heard of battles supposed to be raging.

Walter Jones, one of the most respectable Virginia members, wrote to

Jefferson, February 19, imploring him to intervene:[144]--

“Before you quitted this place you knew that causes of

dissension subsisted in the Executive departments. So ominous an

event has not failed to be an object of my continued and anxious

attention, and I am now fully persuaded that these unfriendly

feelings are fast approaching to a degree of animosity that must

end in open rupture, with its very injurious consequences to

the Republican cause.... This break of harmony in the Executive

departments, added to the extreme points of difference in

opinion among the majority in Congress in relation to the great

questions of peace and war, renders the apathy and inaction of

the Republicans here extremely mortifying. I never knew them

more disconnected in sentiment and system, as probably may have

been made manifest to you by the desultory and inconclusive work

of nearly three months.... You will recollect that at the close

of the last Congress the appearance of umbrage was confined

to Mr. Gallatin and Mr. R. Smith; indeed, excepting themselves

there were no other secretaries effectively in office. It is

now supposed, and I believe with truth, that the former stands

alone against the more or less unfriendly dispositions of all

the rest. Their _main abettors_ of last spring have abated

nothing of their strong and indecent zeal.”

Upon feelings so irritable and at a moment when schism was imminent,

as Walter Jones described, the action of Samuel Smith and Michael Leib

with six or eight more Republican senators, in emasculating Macon’s

bill, left small chance of reconciliation. Giles, having declared

himself in favor of energy, did not vote at all. The debate being for

the most part not reported, the arguments of the dissenting senators

have been lost. One speaker alone broke the monotony of the discussion

by an address that marked the beginning of an epoch.

Henry Clay had been barely two weeks a senator, when, February 22, he

rose to move that the bill as amended by Samuel Smith be recommitted;

and this motion he supported by a war speech of no great length, but

full of Western patriotism.

“The conquest of Canada is in your power,” he said. “I trust

I shall not be deemed presumptuous when I state that I verily

believe that the militia of Kentucky are alone competent to

place Montreal and Upper Canada at your feet.... The withered

arm and wrinkled brow of the illustrious founders of our freedom

are melancholy indications that they will shortly be removed

from us. Their deeds of glory and renown will then be felt only

through the cold medium of the historic page; we shall want the

presence and living example of a new race of heroes to supply

their places, and to animate us to preserve inviolate what they

achieved.... I call upon the members of this House to maintain

its character for vigor. I beseech them not to forfeit the

esteem of the country. Will you set the base example to the

other House of an ignominious surrender of our rights after they

have been reproached for imbecility and you extolled for your

energy! But, sir, if we could be so forgetful of ourselves, I

trust we shall spare you [Vice-President George Clinton] the

disgrace of signing, with those hands so instrumental in the

Revolution, a bill abandoning some of the most precious rights

which it then secured.”

Other members both of the House and of the Senate had made war

speeches, and in Clay’s harangue no idea could be called original;

yet apart from the energy and courage which showed a new and needed

habit of command, these sentences of Clay’s maiden speech marked

the appearance of a school which was for fifty years to express the

national ideals of statesmanship, drawing elevation of character

from confidence in itself, and from devotion to ideas of nationality

and union, which redeemed every mistake committed in their names.

In Clay’s speech almost for the first time the two rhetorical marks

of his generation made their appearance, and during the next half

century the Union and the Fathers were rarely omitted from any popular

harangue. The ideas became in the end fetiches and phrases; but they

were at least more easily understood than the fetiches and phrases of

Jeffersonian republicanism which preceded them. Federalists used the

name of Washington in the same rhetorical manner, but they used it for

party purposes to rebuke Washington’s successors. The Union and the

Fathers belonged to no party, and might be used with equal advantage

by orators of every section. Clay enjoyed almost alone for years the

advantage of winning popularity by this simple means; but in 1810,

at least along the Atlantic coast, such appeals had little popular

success. Least of all had they weight in the Senate, which listened

unmoved to Clay’s oratory, and replied to it immediately on the same

day by passing the “ignominious surrender” of national rights by a vote

of twenty-six to seven. Giles did not vote. Samuel Smith, Leib, and

even Crawford were in the majority.

Macon’s bill came back to the House as a law for the exclusion of

British and French war-vessels from American harbors. The House

resented the treatment, and after another long debate, March 5, refused

to concur in the Senate’s amendments. By a vote of sixty-seven to

forty-seven the bill was sent back to the Senate in its original form.

A long wrangle ensued; a committee of conference failed to agree, and

March 16 the Senate was obliged to decide whether it would yield to the

House, or allow the bill to fail.

On that question Samuel Smith made a speech,[145] which he afterward

printed, and which demanded attention because it forced President

Madison into a course that exposed him to severe and perhaps deserved

criticism. The Senate was equally balanced. Samuel Smith’s voice

and vote decided the result. His reasons were such as no one could

misunderstand.

“I found in it,” said he, criticising Macon’s bill, “or

believed I did, that which would be ruinous to the commerce

of the United States, and therefore felt myself bound by the

duty I owe to my constituents to remove the veil and leave

the measure open to public view.... Is there no danger, Mr.

President, to be apprehended from the Emperor if the bill

should pass with this provision [that any British or French

ship hereafter arriving in an American harbor should with its

cargo be seized and condemned]? His character for decision is

well known. Might we not fear that he would retort our own

measure upon us by causing all the property of our merchants

now under sequestration (amounting to at least three millions

of dollars) to be condemned?... But what will England do should

this law pass? Will the King and Council retaliate our measure?

I confess, Mr. President, that I think they will.... What will

be the consequence? Ruin to your merchants and destruction to

the party which now governs this country.... But I have been

told that if England should retaliate, her retaliation would

operate as a complete non-intercourse between the two countries,

and in a way that would be effectual; and that as I had always

approved those measures, this view of the subject must meet my

approbation,--that it would precisely create that which I have

said was a powerful measure against Great Britain: to wit, an

embargo. I never will agree, Mr. President, in this side-way to

carry into execution a great national measure.”

The speech excited surprise that Samuel Smith, a man accounted shrewd,

should suppose such arguments to be decent, much less convincing. From

Federalists, who conscientiously wished submission to British policy,

Smith’s reasoning would have seemed natural; but Smith protested

against submission, and favored arming merchant-ships and providing

them with convoy,--a measure useless except to bring on war in a

“side-way.” Congress preferred to choose its own time for fighting, and

declined listening to Smith’s advice, although the Senate sustained him

in rejecting Macon’s bill. On this occasion Giles appeared, and voted

with the Administration; but sixteen senators followed Smith, while

only fifteen could be found to act in concert with the House and the

Executive.

After the Senate had thus put an end to Macon’s bill, the House after

much hesitation, March 31, put an end to Smith’s bill. After five

months of discussion Congress found itself, April 1, where it had been

in the previous November.

Rather than resume friendly relations with both belligerents without

even expressing a wish for the recovery of national self-respect, the

House made one more effort. April 7 Macon reported a new bill, which

was naturally nicknamed Macon’s bill No. 2. This measure also seems to

have had the assent of the Cabinet, but Macon himself neither framed

nor favored it. “I am at a loss to guess what we shall do on the

subject of foreign relations,” he wrote to his friend Judge Nicholson,

three days later.[146] “The bill in the enclosed paper, called Macon’s

No. 2, is not really Macon’s, though he reports it as chairman. It is

in truth Taylor’s. This I only mention to you, because when it comes to

be debated I shall not act the part of a father, but of a step-father.”

The Taylor who took this responsibility was a member from South

Carolina, whose career offered no other great distinction than the

measure which produced a war with England.

Macon’s bill No. 2 was the last of the annual legislative measures

taken by Congress to counteract by commercial interest the

encroachments of France and Great Britain. The first was the Partial

Non-intercourse Act of April, 1806; the second was the Embargo Act

with its supplements, dating from Dec. 22, 1807; the third was the

Total Non-intercourse Act of March 1, 1809; and the fourth was Macon’s

bill No. 2. Each year produced a new experiment; but the difference

could be easily remembered, for after the climax of the embargo each

successive annual enactment showed weakening faith in the policy,

until Macon’s bill No. 2 marked the last stage toward the admitted

failure of commercial restrictions as a substitute for war. Abandoning

the pretence of direct resistance to France and England, this measure

repealed the Non-intercourse Act of March 1, 1809, leaving commercial

relations with all the world as free as ever before, but authorizing

the President “in case either Great Britain or France shall, before

the 3d day of March next, so revoke or modify her edicts as that they

shall cease to violate the neutral commerce of the United States,” to

prohibit intercourse with the nation which had not revoked its edicts.

The objections to the bill were overpowering, for its effect was

equivalent to alliance with England. Had the United States taken

active part in the war against France, they could have done Napoleon

no greater injury than by the passage of this Act, which invited Great

Britain to control American commerce for her military purposes. On the

other hand the bill conferred on the President a discretion dangerous,

unconstitutional, and unnecessary,--a power once before conferred by

the Non-intercourse Act of March 1, 1809, and then resulting in the

mistakes of Erskine’s arrangement, which seemed warning enough against

repeating the same risk.

These objections were well understood and forcibly pointed out,

while the arguments in support of the bill were melancholy in their

admissions. The records of Congress could hardly parallel the

disregard of dignity with which Taylor defended his bill in a tone

that could have been endured only by an assembly lost to the habits

of self-respect. His denunciation of war expressed party doctrine,

and he harmed no one by repeating the time-worn moral drawn from

Greece and Rome, the Persian millions, Philip of Macedon, Syracuse

and Carthage,--as though the fate of warlike nations proved that they

should have submitted to foreign outrage, or as though the world could

show either arts or liberty except such as had sprung from the cradle

of war; but feeling perhaps that classical authority proved too little

or too much, he told the House frankly why those members who like

himself opposed war found themselves unable to maintain the pledge of

resistance they had given in imposing the embargo:--

“But concerning the breaking down of the embargo! Let the truth

come out! Neither this plea nor the other miserable one of the

fear of insurrections, and what not, will do.... The embargo

repealed itself. The wants created by it to foreigners, and the

accidental failure of crops in England had reduced the thing

in one article to plain calculation. The vote of this House

to repeal the law gave from four to five dollars rise on each

barrel of flour. This was the weight that pulled us down.”

The admission could not inspire enthusiasm or raise the moral standard

of Congress; but the House accepted it, and amended the bill only by

adding fifty per cent to the existing duties on all products of Great

Britain and France. The amendment was also a business speculation, for

it was intended to protect and encourage American manufactures; but

it did not come directly from the manufacturers. Richard M. Johnson

of Kentucky moved the amendment. “Kentucky, Pennsylvania, New Jersey,

and the New England Republicans,” wrote Macon,[147] “are full of

manufacturing. To these may be added some of the Virginia Republicans.

This plan is said to be a Cabinet project; if so, it satisfies me that

the Cabinet is hard pushed for a plan.”

April 19 the bill passed the House by a vote of sixty-one to forty.

The Senate referred it to a select committee with Samuel Smith at

its head,--a committee made for Smith to control. As before, he

reported the measure with its only effective provision--the additional

duty--struck out, and with the addition of a convoy-clause. The Senate,

by nineteen votes to eight, sustained Smith; nor did one New England

senator, Federalist or Republican, vote for the protection offered

by Kentucky and Virginia. The bill went to a third reading by a vote

of twenty-one to seven, and April 28, having passed the Senate as

Smith reported it without a division, was sent back to the House for

concurrence.

Irritated though the House was by the Senate’s hostility to every

measure which had support from the Treasury or was calculated to give

it support, the members were for the most part anxious only to see

the session ended. No one cared greatly for Macon’s bill No. 2 in any

shape. The House refused to accept the Senate’s amendments, and found

itself May 1 within a few hours of adjournment, and within the same

time of seeing the Non-intercourse Act expire, without having made

provision for the commercial relations that were to follow. Perhaps

Congress might have shown wisdom by doing nothing; but the instinct

to do something was strong, and party feeling mixed with the sense

of responsibility. At five o’clock in the afternoon committees of

conference were appointed, and at the evening session, Samuel Smith

having abandoned his convoy-clause, the House gave up its extra duties

and the bill came to its passage. All the Federalists voted against it

with Macon, Randolph, and Matthew Lyon,--a minority of twenty-seven.

Sixty-four Republicans recorded themselves in its favor, and made the

bill a law.

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