CHAPTER III

UNITED STATES SENATE

The death of the grandfather of Mr. Gallatin, and soon after of his

aunt, strongly tempted him to make a journey to Geneva in the summer of

1793. The political condition of Europe at that time was of thrilling

interest. On January 21 the head of Louis XVI. fell under the

guillotine, to which Marie Antoinette soon followed him. The armies of

the coalition were closing in upon France. Of the political necessity

for these state executions there has always been and will always be

different judgments. That of Mr. Gallatin is of peculiar value. It is

found expressed in intimate frankness in a letter to his friend

Badollet, written at Philadelphia, February 1, 1794.

"France at present offers a spectacle unheard of at any other

period. Enthusiasm there produces an energy equally terrible and

sublime. All those virtues which depend upon social or family

affections, all those amiable weaknesses, which our natural

feelings teach us to love or respect, have disappeared before the

stronger, the only, at present, powerful passion, the _Amor

Patriæ_. I must confess my soul is not enough steeled, not

sometimes to shrink at the dreadful executions which have restored

at least apparent internal tranquillity to that republic. Yet upon

the whole, as long as the combined despots press upon every

frontier, and employ every engine to destroy and distress the

interior parts, I think they, and they alone, are answerable for

every act of severity or injustice, for every excess, nay for every

crime, which either of the contending parties in France may have

committed."

Within a few years the publication of the correspondence of De Fersen,

the agent of the king and queen, has supplied the proof of the charge

that they were in secret correspondence with the allied sovereigns to

introduce foreign troops upon the soil of France,--a crime which no

people has ever condoned.

The French Revolution, which from its beginning in 1789 reacted upon the

United States with fully the force that the American Revolution exerted

upon France, had become an important factor in American politics. The

intemperance of Genet, the minister of the French Convention to the

United States on the one hand, and the breaches of neutrality by England

on the other, were dividing the American people into English and French

parties. The Federalists sympathized with the English, the late enemies,

and the Republicans with the French, the late allies, of the United

States.

Mr. Gallatin had about made up his mind to visit Europe, when an

unexpected political honor changed his plans. The Pennsylvania

legislature elected him a senator of the United States on joint ballot,

a distinction the more singular in that the legislature was Federalist

and Mr. Gallatin was a representative of a Republican district, and

strong in that faith. Moreover, he was not a candidate either of his own

motion or by that of his friends, but, on the contrary, had doubts as to

his eligibility because of insufficient residence. This objection, which

he himself stated in caucus, was disregarded, and on February 28, 1793,

by a vote of 45 to 37, he was chosen senator. Mr. Gallatin had just

completed his thirty-second year, and now a happy marriage came

opportunely to stimulate his ambition and smooth his path to other

honors.

Among the friends made at Philadelphia was Alexander J. Dallas, a

gentleman two years Gallatin's senior, whose career, in some respects,

resembled his own. He was born in Jamaica, of Scotch parents; had been

thoroughly educated at Edinburgh and Westminster, and, coming to the

United States in 1783, had settled in Philadelphia. He now held the post

of secretary of state for Pennsylvania. Mr. Gallatin's constant

committee service brought him into close relations with the secretary,

and the foundation was laid of a lasting political friendship and social

intimacy. In the recess of the legislature, Mr. Gallatin joined Mr.

Dallas and his wife in an excursion to the northward. Mr. Gallatin's

health had suffered from close confinement and too strict attention to

business, and he needed recreation and diversion. In the course of the

journey the party was joined by some ladies, friends of Mrs. Dallas,

among whom was Miss Hannah Nicholson. The excursion lasted nearly four

weeks. The result was that Mr. Gallatin returned to Philadelphia the

accepted suitor of this young lady. He describes her in a letter to

Badollet as "a girl about twenty-five years old, who is neither handsome

nor rich, but sensible, well-informed, good-natured, and belonging to a

respectable and very amiable family." Nor was he mistaken in his

choice,--a more charming nature, a more perfect, well-rounded character

than hers is rarely found. They were married on November 11, 1793. She

was his faithful companion throughout his long and honorable career, and

death separated them but by a few months. This alliance greatly widened

his political connection.

Commodore James Nicholson, his wife's father, famous in the naval annals

of the United States as the captain of the Trumbull, the first of

American frigates, at the time resided in New York, and was one of the

acknowledged leaders of the Republican party in the city. His two

brothers--Samuel and John--were captains in the naval service. His two

elder daughters were married to influential gentlemen;--Catharine to

Colonel Few, senator from Georgia; Frances, to Joshua Seney, member of

Congress from Maryland; Maria later (1809) married John Montgomery, who

had been member of Congress from Maryland, and was afterwards mayor of

Baltimore. A son, James Witter Nicholson, then a youth of twenty-one,

was, in 1795, associated with Mr. Gallatin in his Western Company, and,

removing to Fayette, made his home in what was later and is now known as

New Geneva. Here, in connection with Mr. Gallatin and the brothers

Kramer, Germans, he established extensive glass works, which proved

profitable.

* * * * *

Mr. Gallatin's election to the United States Senate did not disqualify

him for his unfinished legislative term, and, on his return to

Philadelphia, he was again plunged in his manifold duties. The few days

which intervened between his marriage and the meeting of Congress--a

short honeymoon--were spent under the roof of Commodore Nicholson in New

York.

On February 28, 1793, the Vice-President laid before the Senate a

certificate from the legislature of the Commonwealth of Pennsylvania to

the election of Albert Gallatin as senator of the United States. Mr.

Gallatin took his seat December 2, 1793. The business of the session was

opened by the presentation of a petition signed by nineteen individuals

of Yorktown, Pennsylvania, stating that Mr. Gallatin had not been nine

years a citizen of the United States. This petition had been handed to

Robert Morris, Mr. Gallatin's colleague for Pennsylvania, by a member of

the legislature for the county of York, but he had declined to present

it, and declared to Mr. Gallatin his intention to be perfectly neutral

on the occasion--at least so Mr. Gallatin wrote to his wife the next

day; but Morris did not hold fast to this resolution, as the votes in

the sequel show. The petition was ordered to lie upon the table. On

December 11 Messrs. Rutherford, Cabot, Ellsworth, Livermore, and

Mitchell were appointed a committee to consider the petition. These

gentlemen, Gallatin wrote, were undoubtedly "the worst for him that

could have been chosen, and did not seem to him to be favorably

disposed." He himself considered the legal point involved as a nice and

difficult one, and likely to be decided by a party vote. The fourth

article of the Constitution of the first Confederation of the United

States reads as follows:--

"The better to secure and perpetuate mutual friendship and

intercourse among the people of the different States in this Union,

the free inhabitants of each of these States, paupers, vagabonds,

and fugitives from justice excepted, shall be entitled to all

privileges and immunities of free citizens in the several States."

Article 1, section 3, of the new Constitution declares:--

"No person shall be a senator who shall not have attained to the

age of thirty years, and been nine years a citizen of the United

States, and who shall not, when elected, be an inhabitant of that

State for which he shall be chosen."

Mr. Gallatin landed in Massachusetts in July, 1780, while still a minor.

His residence, therefore, which had been uninterrupted, extended over

thirteen years. He took the oath of citizenship and allegiance to

Virginia in October, 1785, since which, until his election in 1793, nine

years, the period called for by the United States Constitution, had not

elapsed. On the one hand, his actual residence exceeded the required

period of citizenship; on the other, his legal and technical residence

as a citizen was insufficient. In point of fact, his intention to become

a citizen dated from the summer of 1783.

To take from the case the air of party proscription, which it was

beginning to assume, the Senate discharged its special committee, and

raised a general committee on elections to consider this and other

cases. On February 10, 1794, the report of this committee was submitted,

and a day was set for a hearing by the Senate, with open doors. On that

day Mr. Gallatin exhibited a written statement of facts, agreed to

between himself and the petitioners, and the case was left to the Senate

on its merits. On the 28th a test vote was taken upon a motion to the

effect that "Albert Gallatin, returned to this House as a member for the

State of Pennsylvania, is duly qualified for and elected to a seat in

the Senate of the United States," and it was decided in the

negative--yeas, 12; nays, 14.[2]

Motion being made that the election of Albert Gallatin to be a senator

of the United States was void,--he not having been a citizen of the

United States for the term of years required as a qualification to be a

senator of the United States,--it was further moved to divide the

question at the word "void;" and the question being then taken on the

first paragraph, it passed in the affirmative--yeas, 14; nays, 12. The

yeas and nays were required, and the Senate divided as before. The

resolution was then put and adopted by the same vote. Thus Mr. Gallatin,

thirteen years a resident of the country, a large land-holder in

Virginia, and for several terms a member of the Pennsylvania

legislature, was excluded from a seat in the Senate of the United

States.

Mr. Gallatin conducted his case with great dignity. On being asked

whether he had any testimony to produce, he replied, in writing, that

there was not sufficient matter charged in the petition and proved by

the testimony to vacate his seat, and declined to go to the expense of

collecting evidence until that preliminary question was settled.

Short as the period was during which Mr. Gallatin held his seat, it was

long enough for him seriously to annoy the Federal leaders. Indeed, it

is questionable whether, if he had delayed his embarrassing motion, a

majority of the Senate could have been secured against him. Certain it

is that the Committee on Elections, appointed on December 11, did not

send in its report until the day after Mr. Gallatin moved his

resolution, calling upon the secretary of the treasury for an elaborate

statement of the debt on January 1, 1794, under distinct heads,

including the balances to creditor States, a statement of loans,

domestic and foreign, contracted from the beginning of the government,

statements of exports and imports; finally for a summary statement of

the receipts and expenditures to the last day of December, 1790,

_distinguishing the moneys received under each branch of the revenue and

the moneys expended under each of the appropriations, and stating the

balances of each branch of the revenue remaining unexpended on that

day_, and also calling for similar and separate statements for the years

1791, 1792, 1793. This resolution, introduced on January 8, was laid

over. On the 20th it was adopted. It was not until February 10 that a

reply from the secretary of the treasury was received by the Senate, and

on the 11th submitted to Gallatin, Ellsworth, and Taylor for

consideration and report. In this letter (February 6, 1794) Hamilton

stated the difficulty of supplying the precise information called for,

with the clerical forces of the department, the interruption it would

cause in the daily routine of the service, and deprecated the practice

of such unexpected demands.

With this response of the secretary the inquiry fell to the ground, but

it was neither forgotten nor forgiven by his adherents, and Mr. Gallatin

paid the penalty on at least one occasion. This was years later, when he

himself was secretary of the treasury. On March 2, 1803, the day before

the adjournment of Congress, Mr. Griswold, Federalist from Connecticut,

attacked the correctness of the accounts of the sinking fund, and

demanded an answer to a resolution of the House on the management of

this bureau. Had such been his desire, Mr. Gallatin was foreclosed from

Hamilton's excuse. On the night of the 3d he sent in an elaborate

statement which set accusation at rest and criticism at defiance.

Mr. Gallatin's short stay in the Senate revealed to the Federalists the

character of the man, who, disdaining the lesser flight, checked only at

the highest game. He accepted his exclusion with perfect philosophy.

Soon after the session opened he said, "My feelings cannot be much hurt

by an unfavorable decision, since having been elected is an equal proof

of the confidence the legislature of Pennsylvania reposed in me, and not

being qualified, if it is so decided, cannot be imputed to me as a

fault." His exclusion was by no means a disadvantage to him. It made

common cause of the honor of Pennsylvania and his own; it endeared him

to the Republicans of his State as a martyr to their principles. It

"secured him," to use his own words, "many staunch" friends throughout

the Union, and extended his reputation, hitherto local and confined,

over the entire land; more than all, it led him to the true field of

political contest--the House of Representatives of the people of the

United States.

FOOTNOTES:

[Footnote 2: The yeas and nays being required by one fifth of the

senators present, there were: _Affirmative_.--Bradley, Brown, Burr,

Butler, Edwards, Gunn, Jackson, Langdon, Martin, Monroe, Robinson,

Taylor; 12.

_Negative_.--Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Hawkins,

Izard, King, Livermore, Mitchell, Morris, Potts, Strong, Vining; 14.]

Albert Gallatin · 第 3 / 12 章