When, in July, 1793, Jefferson notified
the President of his wish to resign from the Cabinet,
Hamilton’s resignation had already been before
the President for several weeks. Ever since the
removal of Congress to Philadelphia, Hamilton’s
circumstances had become less and less able to endure
the strain of maintaining his official position on
a salary of $3500 a year. He had fully experienced
the truth of the warnings he had received that, if
he gave himself to the public service, he might spend
his time and substance without receiving gratitude
for his efforts or credit for his motives. His
vocation for statesmanship, however, was too genuine
and his courage too high for such results to dishearten
him. He had now accomplished what he had set
out to do in securing the adoption of the measures
which established the new government, and he no longer
regarded his administrative position as essential to
the success of his policy. Meanwhile the need
had become urgent that he should resume the practice
of his profession to provide for his family. It
was not in his nature, however, to leave the front
when a battle was coming on, and, although he gave
early notice of his intention so that Washington should
have ample time to look about for his successor, the
resignation was not to become effective until Congress
had met and shown its temper. According to Jefferson,
Washington once remarked to him that he supposed Hamilton
“had fixed on the latter part of next session
to give an opportunity to Congress to examine into
his conduct.” Although Hamilton had made
up his mind to retire, he intended to march out with
flying colors, as became the victor on a hard-fought
field. So far, he had met and beaten all enemies
who had dared to assail his honor; he meant to beat
them again if they renewed the attack, and he had
word that one encounter was coming more formidable
than any before.
Hamilton’s success in carrying
his measures through Congress, by sheer dexterity
of management when numbers were against him, added
intense bitterness to the natural chagrin felt by
the defeated faction. Men like Jefferson and
Madison were subject to traditions of behavior that
required them to maintain a certain style of public
decorum no matter how they might rage in private.
But new men with new manners were coming on the scene,
and among them the opposition to Hamilton had found
a new leader William Branch Giles of Virginia.
He was a Princeton graduate of the class of 1781,
had studied for the bar, and had been admitted to practice
in 1786. To the full legal equipment of the period
he added an energy and an audacity that speedily brought
him legal and political distinction. He was active
and outspoken in advocating the adoption of the new
Constitution, at a time when popular sentiment in
Virginia was strongly inclined to be adverse.
He had no hesitation about undertaking unpopular causes,
and hence British debt cases became a marked feature
of his practice. Virginia State law had suspended
the recovery of debts due British subjects until reparation
had been made for the loss of negro slaves taken away
by the British during the war, and until the western
posts had been surrendered. But the peace treaty
of 1783 stipulated that creditors on neither side
should meet with lawful impediment in the recovery
of debts, and by the new Constitution treaties had
become part of the law of the land. On the basis
of a national jurisdiction in conflict with the Virginia
statutes, Giles acted so energetically, that he himself
related that by 1792 he had been employed in at least
one hundred British debt cases, and was “as
successful in collecting monies under judgments as
is usually the case with citizens.”
Comprehension of the true nature of
the struggle in which Giles became conspicuous must
start with the fact that the Constitution was reluctantly
accepted and with great uneasiness as to possible consequences.
In the Virginia convention of 1788, it was declared
that the new Constitution was essentially a scheme
of the military men to subject the people to their
rule. This argument was not so much met as avoided
by the declaration that there could be no tyranny
while Washington lived. The rejoinder was obvious:
what if he should not be able to withstand military
influence? What if, in spite of him, the government
should be given a dangerous character that would develop
after he passed away? Jefferson had felt misgivings
on this score from the first, and Madison experienced
them as soon as differences on practical measures
arose between himself and Hamilton. Jefferson
and Madison wanted the government to be made respectable
but not strong. Hamilton saw what they could not
see and indeed what few at that time could
see that a government cannot be made respectable
without being made strong.
Washington was probably without any
clear views of his own on constitutional questions,
and what evidence there is on this point supports
Jefferson’s claim that Washington was more disposed
to confide in him and in Madison than in Hamilton.
When Jefferson relinquished the State Department,
Washington proposed to give Madison the post, but was
told he would not think of taking it. Washington
then transferred Randolph to the position because
he could not get anybody else of suitable capacity.
Whatever Washington’s personal inclinations may
have been, he was in a position in which he had to
act. Hamilton was the only one whom he could
find to show him the way, and thus circumstances more
and more compelled Washington to accept Hamilton’s
guidance, while at the same time it seemed increasingly
clear to the opposition that it was above all things
necessary to crush Hamilton. This state of sentiment
must be kept in mind in order to make intelligible
the rabid violence of the party warfare which had
long been going on against Hamilton, and which now
that Jefferson had left the Cabinet was
soon to be extended to Washington himself.
When Giles went to the front in this
war, both Jefferson and Madison were busy behind the
firing line supplying munitions. Giles was elected
in 1790 to fill a vacancy caused by the death of Theodorick
Bland, and took his seat in the third session of the
First Congress. The assumption bill had been
passed, but that was only the first of the series of
financial measures proposed by Hamilton, and Giles
followed Madison’s lead in unsuccessful resistance
to the excise and to the national bank. Giles
was re-elected to the Second Congress, which opened
on October 24, 1791. In the course of this session
he became the leader of the opposition, not by supplanting
Madison but through willingness to take responsibilities
from which Madison, like Jefferson, shrank, because
he, too, preferred activity behind the scenes.
This situation has often occurred in parliamentary
history a zealous party champion scouting
the scruples and restraints that hampered the official
leadership, and assuming an independent line of attack
with the covert favor and assistance of that leadership.
In the effort to crush Hamilton a series of raids
was led by Giles, whose appetite for fighting could
never be extinguished no matter how severe might be
his defeat.
After much preliminary skirmishing
which put heavy tasks on Hamilton in the way of getting
up reports and documents, a grand attack was made on
January 23, 1793. A series of resolutions, in
drafting which Madison and Jefferson took part, was
presented, calling for minute particulars of all loans,
names of all persons to whom payments had been made,
statements of semi-monthly balances between the Treasury
and the Bank, and an account of the sinking fund and
of unexpended appropriations, all from the
beginning of the government until the end of 1792.
The resolution required Hamilton to complete and state
all the accounts of the Treasury Department up to a
period only a little over three weeks before the resolutions
were presented, and to give a detailed transcript
of particulars. But the Treasury accounts were
in such perfect order, and so great was Hamilton’s
capacity for work, that the information called for
was promptly transmitted in reports dated February
4, February 13, and February 14. At the same
time Hamilton hit back by observing that the resolutions
“were not moved without a pretty copious display
of the reasons on which they were founded,”
which “were of a nature to excite attention,
to beget alarm, to inspire doubts.”
Giles was soon able to renew the attack.
Jefferson and Madison helped him to prepare a series
of nine resolutions which were presented on February
27. They specifically charged Hamilton with violation
of law, neglect of duty, transgression of the proper
limits of his authority, and indecorum in his attitude
towards the House. The series ended with a resolution
that a copy should be transmitted to the President.
The proceeding was a sort of impeachment, framed with
the purpose not of bringing Hamilton to trial but
of forcing him out of the Cabinet. The charges
against him were purely technical and were actuated
by malevolence. Hamilton, though not allowed
to come into the House to defend himself, nevertheless
participated in the debate indirectly by writing the
speech delivered by William Smith and credited to
him in the Annals of Congress. It was so generally
felt in Congress that the resolutions were founded
on nothing more substantial than spite that Giles
could not hold his forces together, and as the debate
proceeded the number of his adherents dwindled.
The House began voting at a night session on March
1st. After the third resolution had been defeated
by a vote of 40 to 12, an attempt was made to withdraw
the others, but such action was refused, and one by
one the remaining resolutions were defeated by increasing
numbers until only seven voted with Giles at the last,
among them James Madison. It was a signal triumph
for Hamilton. But his enemies were not disposed
to accept the decision as final, and Jefferson thought
it might be revised at the next session.
It was not until the Second Congress
that the old factions finally disappeared and the
formation of national parties began. The issue
over the adoption of the Constitution had produced
Federalists and Anti-Federalists, but with its adoption
Anti-Federalism as such became a thing of the past.
Opposition to the Government had to betake itself to
the political platform provided by the successful introduction
of the new system of government, and was obliged to
distinguish itself from official Federalism by attacking
not the Constitution but the way in which the Constitution
was being construed and applied. The suspicion,
jealousy, and dislike with which the new government
was regarded, in many quarters were reflected from
the beginning in the behavior of Congress. There
was from the first a disposition to find fault and
to antagonize, and as time went on this disposition
was aggravated by the great scope allowed to misunderstanding
and calumny from the lack of direct contact between
Congress and the Administration. In founding a
new party, Jefferson only organized forces that were
demanding leadership. He consolidated the existing
opposition, and gave it the name “Republican
Party,” implying that its purpose was to resist
the rise of monarchy and the growth of royal prerogative
in the system of government which was introduced by
the adoption of the Constitution. It is clear
enough now that the implication was mere calumny;
the notion that Washington was either aiming at monarchy
or was conniving at it through ignorance was a grotesque
travesty of the shameful situation that actually existed;
but fictions, pretenses, slanders, and calumnies that
would never have been allowed utterance if the Administration
and Congress had stood face to face now had opportunity
to spread and infect public opinion. Hence the
tone of extreme rage that dishonors the political
contention of the period and the malice that stains
the correspondence of the faction chiefs.
Although a distinct party opposition
appeared and assumed a name during the Second Congress,
it disavowed as yet any opposition to Washington and
represented its actual attempts to thwart the measures
of the Administration as efforts to counteract Washington’s
evil advisers. The old constitutional tradition
that the king can do no wrong, which still lingered
in American politics, tended to an analogous elevation
of the presidential office above the field of party
strife, while leaving the President’s Cabinet
advisers fully exposed to it, just as in the case of
the ministers of the Crown in England. Allowance
must be made for the effect of this tradition when
judgment is passed on the political activities of
the period. Considered with regard to present
standards of political behavior, the course of Jefferson
in fomenting opposition to the Administration of which
he was a part wears the appearance of despicable intrigue.
There was nothing mean or low about it, however, in
the opinion of himself and his friends, and even his
enemies would have allowed it to be within the rules
of the game. Jefferson did his best to defeat
in Congress measures adopted by Washington on the
advice of Hamilton, and he also did his best to undermine
Washington’s confidence in Hamilton. In
his personal dealings with Washington, Jefferson had
every advantage, for he had Washington’s ear
and could, more readily than Hamilton, direct the
currents of unconscious influence that produce the
will to believe. But Jefferson’s animosity
kept tempting him to overplay his hand in a way that
was fatal in the face of an antagonist so keen and
so dexterous as Hamilton.
In a letter of May 23, 1792, Jefferson
presented to Washington an elaborate indictment of
Hamilton’s policy as a justification of his own
behavior in organizing an opposition party in Congress.
He charged Hamilton with subverting the character
of the Government by his financial measures, the logical
consequence of which would be “a change from
the present republican form of government to that
of a monarchy.” Hence the need for organizing
“the Republican party who wish to preserve the
government in its present form.” Washington
thought over the matter, and according
to Jefferson reopened the subject in a personal
interview on July 10. Being now fully apprised
of Jefferson’s case, Washington himself prepared
a brief of it, divided into numbered sections, and
applied to Hamilton for a statement of his ideas upon
the “enumerated discontents,” framed so
“that those ideas may be applied to the correspondent
numbers.” The proceeding is a fine instance
of the care which Washington exercised in forming
his opinions. Of course, as soon as charges of
corruption and misdemeanor were reduced to exact statement
the matter was put just where Hamilton wanted to get
it, and in the grasp of his powerful hands its trashy
character was promptly displayed. It is needless
to go into details, now that public loans, the funding
of floating indebtedness in excess of current income,
and the maintenance of a national banking system to
supply machinery of credit, are such well recognized
functions that the wonder is how any statesman could
have ever thought otherwise. Jefferson’s
arguments, when read with the prepossessions of the
present day, are so apt to leave an impression of
absurdity that they constitute a troublesome episode
for his biographers.
Jefferson’s maneuvering utterly
failed to injure Hamilton in Washington’s esteem,
but it did have the effect of so thoroughly disgusting
Washington with public life that at one time he was
determined to refuse a reelection, and even went so
far as to ask Madison to prepare a valedictory address
for him. He consented to serve another term most
reluctantly, and not until he had been besought to
do so by the leaders on both sides. Jefferson
was as urgent as was Hamilton. While Washington
was still wavering, he received a strong letter from
Edmund Randolph that doubtless touched his soldierly
pride. The letter closed with this sharp argument:
“You suffered yourself to yield
when the voice of your country summoned you to the
Administration. Should a civil war arise, you
cannot stay at home. And how much easier will
it be to disperse the factions, which are rushing
to this catastrophe, than to subdue them after they
shall appear in arms? It is the fixed opinion
of the world, that you surrender nothing incomplete.”
An appeal of this character was the
most effective that could possibly be addressed to
Washington, but in consenting he grumbled over the
hardship of having to keep in active service at his
time of life after already having served for so long
a time. He complained that his hearing was getting
bad and that “perhaps his other faculties might
fall off and he not be sensible of it.”
Acquiescence in Washington’s
candidacy made it practically impossible for the Republican
party to manifest its true strength. The compliment
of Republican support was awarded to Governor Clinton
of New York, who together with Washington received
all the electoral votes of Virginia, New York, North
Carolina, and Georgia. A stray electoral vote
from Pennsylvania brought Clinton’s total up
to 50, whereas John Adams received 77 votes which
re-elected him as vice-president. Jefferson received
only four electoral votes, all from Kentucky, but
his poor showing in this election was wholly due to
the intricacy of the electoral system, and his party
meanwhile developed so much strength that when the
Third Congress met on December 2, 1793, the Republicans
were strong enough to elect the speaker.
Undeterred by this circumstance, Hamilton
forced the fighting. The Jeffersonians had been
excusing the defeat they had received in attacking
Hamilton in the previous Congress on the ground that
the House had acted without allowing sufficient time
for due examination of the evidence. This plea
supplied to Hamilton an occasion for prompt action.
Exactly two weeks after the meeting of Congress he
addressed a letter to the Speaker, in which he declared:
“Unwilling to leave the matter on such a footing,
I have concluded to request of the House of Representatives,
as I now do, that a new inquiry may be, without delay,
instituted in some mode, most effectual for an accurate
and thorough investigation; and I will add, that the
more comprehensive it is, the more agreeable it will
be to me.”
Giles promptly took up the challenge,
and moved the appointment of a committee to examine
the state of the Treasury Department in all its particulars.
Pending action by the House, a new complication was
introduced, which, though meant as a blow at Hamilton,
resulted in a signal triumph for him. His enemies
got hold of a discharged clerk of the Treasury Department
by means of whom they now tried to counteract the
effect of Hamilton’s challenge. Two days
after Hamilton’s letter to the Speaker, a memorial
from Andrew G. Fraunces was laid before the House
making charges which amounted to this: that there
was a combination between Hamilton and other officers
of the Treasury Department to evade payment of warrants
so that they could be bought up for speculative purposes.
Hamilton’s request for an investigation was allowed
to lie on the table, but the memorial from Fraunces
was referred to a select committee of which Giles
was a member. This circumstance turned out to
be much to Hamilton’s advantage. Giles
was an erect, bold, manly foe; he could not stomach
the sort of testimony upon which depended the charges
against Hamilton’s personal integrity, and he
concurred in a report on Hamilton finding that the
evidence was “fully sufficient to justify his
conduct; and that in the whole course of this transaction
the Secretary and other officers of the Treasury have
acted a meritorious part towards the public.”
Giles, while exonerating Hamilton
of the charge of dishonesty, did not desist from pressing
his motion for further investigation of the Treasury
Department. But he admitted that imputations upon
the Secretary’s integrity had been quite removed,
and he now urged that “the primary object of
the resolution is to ascertain the boundaries of discretion
and authority between the Legislature and the Treasury
Department.” In thus shifting his ground
he presented a new issue in which the House and
indeed Giles’s own party associates took
little interest. The fact was that the attack
on Hamilton had failed, that the purpose of showing
him to be unworthy of Washington’s confidence
had been abandoned as impracticable, and that all
that remained was a proposal that the House should
again engage in a laborious investigation of the desirability
of attempting a new delimitation of the functions
of the Treasury Department and of Congress. But
this, of course, did not concern Hamilton. He
had acted under existing laws and with responsibilities
which were defined by them. If Congress saw fit
to make new laws, the consequences would fall upon
his successor in office, not upon him since he was
about to retire. If Congress made fetters for
the Secretary, it might even be that some member of
Giles’s own party would have to wear them.
Thus, however Giles’s latest proposal might
be viewed, it was not attractive. Moreover, it
was presented at a time when the House had much more
urgent matters to consider. The country was wild
with excitement over the retaliating orders and decrees
of Great Britain and France, which subjected American
interests to injury from both sides. Giles and
Page appear to have been the only speakers on the
resolution when it was taken up for consideration
on February 24, 1794, and both disclaimed any intention
of reflecting upon Hamilton. The resolution received
decent interment by reference to a committee, with
no one objecting. The practical conclusion of
the matter was that Hamilton had beaten his enemies
once more and beaten them thoroughly.
Before resigning his office, Hamilton
added still another great achievement to his record
of illustrious service in establishing public authority.
The violent agitation against the excise act promoted
by the Jeffersonians naturally tended to forcible
resistance. One of the counts of Jefferson’s
indictment of Hamilton’s policy which had been
presented to Washington was that the excise law was
“of odious character ... committing the authority
of the Government in parts where resistance is most
probable and coercion least practicable.”
The parts thus referred to were the mountains of western
Pennsylvania. The popular discontent which arose
there from the imposition of taxes upon their principal
staple distilled spirits naturally
coalesced with the agitation carried on against Washington’s
neutrality policy. At a meeting of delegates from
the election districts of Allegheny county held at
Pittsburgh, resolutions were adopted attributing the
policy of the Government “to the pernicious
influence of stockholders.” This was an
echo of Jefferson’s views. But the resolutions
went on to declare: “Our minds feel this
with so much indignancy, that we are almost ready
to wish for a state of revolution and the guillotine
of France, for a short space, in order to inflict
punishment on the miscreants that enervate and disgrace
our Government.” This was an echo of the
talk in the political clubs that had been formed throughout
the country. The original model was apparently
the Jacobin club of Paris. The Philadelphia club
with which the movement started, soon after Genet’s
arrival, adopted the Jacobin style of utterance.
It declared its object to be the preservation of a
freedom whose existence was menaced by a “European
confederacy transcendent in power and unparalleled
in iniquity,” and also by “the pride of
wealth and arrogance of power” displayed in
the United States. Writing to Governor Lee of
Virginia, Washington said that he considered “this
insurrection as the first formidable fruit of the
Democratic Societies.”
Hamilton moved warily, doing whatever
lay in his power to smooth the practical working of
the system in the hope of “attaining the object
of the laws by means short of force.” But
such was the inflamed state of feeling in western
Pennsylvania that no course was acceptable short of
abandonment by the Government of efforts to enforce
the internal revenue laws. During 1793, there
were several outrageous attacks on agents of the Government,
and the execution of warrants for the arrest of rioters
was refused by local authority. People who showed
a disposition to side with the Government had their
barns burned. A revenue inspector was tarred and
feathered, and was run out of the district. The
patience with which the Government endured insults
to its authority encouraged the mob spirit. On
July 16, 1794, the house of Inspector Neville was attacked
by a mob, and, when he appealed to the local authorities
for protection, he was notified that there was such
a general combination of the people that the laws
could not be executed. Neville, a revolutionary
veteran of tried valor, was able to obtain the help
of an officer and eleven soldiers from Fort Pitt,
but the mob was too numerous and too well-armed to
be withstood by so weak a force. After a skirmish
in which the mob fired the buildings and the place
became untenable, the troops had to surrender.
Soon after this affair, a convention of delegates
from the four western counties of Pennsylvania was
called to meet on August 14 to concert measures for
united action. Organized insurrection had, in
fact, begun.
“The Government,” said
Washington, “could no longer remain a passive
spectator of the contempt with which the laws were
treated.” But when he called for Cabinet
opinions, the old variance at once showed itself.
Randolph thought that calm consideration of the situation
“banishes every idea of calling the militia
into immediate action.” He pointed out that
the disaffected region had more than fifteen thousand
white males above the age of sixteen, and that sympathy
with the insurgents was active in “several counties
in Virginia having a strong militia.” There
was also the risk that the insurgents might seek British
aid, in which case a severance of the Union might
result. Randolph also enlarged upon the expense
that would attend military operations and questioned
whether the funds could be obtained. He advised
a proclamation and the appointment of commissioners
to treat with the insurgents. Should such means
fail, and should it appear that the judiciary authority
was withstood, then at last military force might be
employed.
Hamilton held that “a competent
force of militia should be called forth and employed
to suppress the insurrection, and support the civil
authority.” It appeared to him that “the
very existence of the Government demands this course.”
He urged that the force employed ought “to be
an imposing one, such, if practicable, as will deter
from opposition, save the effusion of the blood of
the citizens, and serve the object to be accomplished.”
He proposed a force of twelve thousand men, of whom
three thousand were to be cavalry, and he advised
that, in addition to the Pennsylvania militia, New
Jersey, Maryland, and Virginia should each contribute
a quota.
All the members of the Cabinet except
Randolph concurred in Hamilton’s opinion.
The practical execution of the measures was entrusted
to Hamilton, who acted with great sagacity. Some
appearance of timidity and inertia in Pennsylvania
state authority was indirectly but effectually counteracted
by measures which showed that the military expedition
would move even if Pennsylvania held back. Although
some troops were to gather at Carlisle, Pennsylvania,
others were to meet at Cumberland Fort, Virginia.
The business was so shrewdly managed that Pennsylvania
state authority fell obediently into line, and the
insurgents were so cowed by the determined action
of the Government that they submitted without a struggle.
Washington thought that this event would react upon
the clubs and “effectuate their annihilation
sooner than it might otherwise have happened.”
A general collapse among them certainly followed, and
they disappeared from the political scene.
It is in the nature of precaution
that the more successful it is the less necessary
it appears to have been, and thus the complete success
of Hamilton’s management furnished his enemies
with a new argument against him of which they afterwards
made great use. The costly military expedition
that had no fighting to do was continually held up
to public ridicule. That the expense was trifling
in comparison with the objects achieved must deeply
impress any one who examines the records of the times.
A mistake might have been fatal to the existence of
the Government. It has become so powerful and
massive since that time, that we can hardly realize
what a rickety structure it then was, and how readily,
in less capable hands, it might have collapsed.
Randolph, then Secretary of State,
seems to have been in a panic. Fauchet,
the French minister at that time, reported to his government
that Randolph called upon him and with a grief-stricken
countenance declared, “It is all over; a civil
war is about to ravage our unhappy country.”
He represented to Fauchet that there were four
men whose talents, influence, and energy might save
it. “But debtors of English merchants, they
will be deprived of their liberty if they take the
smallest step.” He wanted to know whether
Fauchet could lend “funds sufficient to
shelter them from English persecution.”
Fauchet’s letter was captured by the British
and made public. Randolph’s explanations
did not clear up the obscurity that surrounds the
affair. His version was that the four men were
flour merchants who were being pressed by their creditors
“and that the money was wanted only for the
purpose of paying them what was actually due to them
in virtue of existing contracts.” Even on
his own showing it was a shady transaction, and he
retired from Washington’s Cabinet under a cloud.
Washington always had difficulty about
the composition of his Cabinet. A capable man
had been found to succeed Randolph as Attorney-General
in the person of William Bradford, an able Pennsylvania
lawyer, but he died in 1795, and was succeeded by
Charles Lee of Virginia. When Knox resigned in
1794, the vacancy was filled by transferring to the
War Department Timothy Pickering of Massachusetts,
who had previously served as Postmaster-General.
When Hamilton retired, January, 1795, he was succeeded
by Oliver Wolcott of Connecticut, who had been Comptroller
of the Treasury. After Randolph had been discredited
by the Fauchet letter, the office of Secretary
of State went a-begging. It was offered to William
Paterson of New Jersey, to Thomas Johnson of Maryland,
to Charles Cotesworth Pinckney of South Carolina,
but all these men declined. Washington got word
that Patrick Henry, the old antagonist of the Constitution,
was showing Federalist leanings in opposition to Jefferson
and Madison, and Henry was then tendered the appointment,
but he too declined. Others were approached but
all refused, and meanwhile Pickering, though Secretary
of War, also attended to the work of the State Department.
The matter was finally settled by permanently attaching
Pickering to the State Department, while the vacancy
thus created at the head of the War Department was
filled by James McHenry, an appointment which Washington
himself described as “Hobson’s choice.”
Hamilton, although out of the Cabinet,
still remained a trusted adviser, and he rendered
splendid service at a dangerous crisis. In spite
of the fact that the Jay treaty had been ratified
by the Senate in June, 1795, it was an issue in the
Fall elections that year. Jefferson held that
the treaty was an “execrable thing,” an
“infamous act, which is really nothing more
than a treaty of alliance between England and the Anglo-men
of this country against the Legislature and the people
of the United States.” Giles, who had been
in close consultation with Jefferson, moved with characteristic
energy to translate Jefferson’s views into congressional
action.
The Fourth Congress met on December
7, 1795, and although a Federalist, Jonathan Dayton
of New Jersey was elected Speaker, the Republicans
were strong enough to tone down the reply to the President’s
address by substituting for an expression of “undiminished
confidence” an acknowledgment of “zealous
and faithful services,” which expressed “approval
of his course.” On March 24, 1796, the House
by a vote of 62 to 37 adopted a resolution calling
upon the President to lay before it his instructions
to Jay, “together with the correspondence and
the other documents relative to said treaty.”
Advised by Hamilton and sustained by his whole Cabinet,
Washington replied on March 30, by declining to comply
because concurrence of the House was not necessary
to give validity to the treaty, and “because
of the necessity of maintaining the boundaries fixed
by the Constitution between the different departments.”
The House retorted by a resolution declaring its right
to judge the merits of the case when application was
made for an appropriation to give effect to a treaty.
Debate on this issue, which is still an open one in
our constitutional system, began on April 14 and continued
for sixteen days. Madison opposed the execution
of the treaty, but the principal speech was made by
Giles, whose argument covers twenty-eight columns
in the Annals. As the struggle proceeded,
the Jeffersonians lost ground. It became evident
that weighty elements of public opinion were veering
around to the support of the treaty as the best arrangement
attainable in the circumstances. The balance
of strength became so close that the scales were probably
turned by a speech of wonderful power and eloquence
delivered by Fisher Ames. A decision was reached
on April 30, the test question being on declaring the
treaty “highly objectionable.” Forty-eight
votes were cast on each side and the Speaker gave
his decision for the negative. In the end, the
House stood 51 to 48 in favor of carrying the treaty
into effect. Only four votes for the treaty came
from the section south of Mason and Dixon’s
line.
During the agitation over the Jay
treaty the rage of party spirit turned full against
Washington himself. He was blackguarded and abused
in every possible way. He was accused of having
shown incapacity while General and of having embezzled
public funds while President. He was nicknamed
“the Step-Father of his country.”
The imputation on his honor stung so keenly that he
declared “he would rather be in his grave than
in the Presidency,” and in private correspondence
he complained that he had been assailed “in
terms so exaggerated and indecent as could scarcely
be applied to a Nero, a notorious defaulter, or even
to a common pickpocket.” The only rejoinder
which his dignity permitted him to make is that contained
in his Farewell Address, dated September 17, 1796,
in which he made a modest estimate of his services
and made a last affectionate appeal to the people whom
he had so faithfully served.
The Farewell Address was not a communication
to Congress. It was issued in view of the approaching
presidential election, to give public notice that
he declined “being considered among the number
of those out of whom a choice is to be made.”
The usual address to Congress was delivered by Washington
on December 7, 1796, shortly after the opening of the
second session of the Fourth Congress. The occasion
was connected in the public mind with his recent valedictory,
and Congress was ready to vote a reply of particularly
cordial tenor. Giles stood to his guns to the
last, speaking and voting against complimentary resolutions.
“He hoped gentlemen would compliment the President
privately, as individuals; at the same time, he hoped
such adulation would never pervade the House.”
He held that “the Administration has been neither
wise nor firm,” and he acknowledged that he
was “one of those who do not think so much of
the President as some others do.” On this
issue Madison forsook him, and Giles was voted down,
67 to 12. Among the eleven who stood by Giles
was a new member who made his first appearance that
session Andrew Jackson of Tennessee.
In later years, when Giles’s opinions had been
modified by experience and reflection, he regretted
his attitude towards Washington. It is due to
Giles to say that he did not stab in the dark.
He had qualities of character that under better constitutional
arrangements would have invigorated the functions
of the House as an organ of control, but at that time,
with the separation that had been introduced between
the House and the Administration, his energy was mischievous
and his intrepidity was a misfortune to himself and
to his party.
Washington’s term dragged to
its close like so much slow torture. Others might
resign, but he had to stand at his post until the end,
and it was a happy day for him when he got his discharge.
His elation was so manifest that it was noticed by
John Adams. Writing to his wife about the ceremony
the day after the inauguration, Adams remarked that
Washington “seemed to me to enjoy a triumph
over me. Methought I heard him say, ’Ay!
I am fairly out, and you fairly in! See which
of us will be the happiest.’”