1799. Nov. 14. CHAPTER ing; yet, except a preamble complaining of the terms XIV. in which, in some of the states, the former resolutions had been denounced as incompatible with the Federal Union, but declining argument, the material part of the resolutions brought forward and adopted was mainly copied from such portions of Jefferson's original draft as Nicholas had omitted; especially the famous declaration that, in cases of violations of the Constitution, "the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of the infraction, and that a nullification by those sovereignties of all unauthorized acts, under color of that instrument, is the rightful remedy." But the Kentucky politicians, for all these bold words, were even less dis posed than at the former session to commit themselves to any positive action. Content with asserting the gen eral principles in the abstract, even the verbal nullifica tion of the Alien and Sedition Laws was not repeated, the Legislature being satisfied instead with a mere protest against their constitutionality. Madison performed his part of the programme by bring ing forward, a few weeks after, in the Virginia Assembly, a long and elaborate report, assuming to justify the reso lutions of the preceding session as "founded in truth, consonant with the Constitution, and conducive to its preservation;" but winding up, in the same inconclusive manner as the Kentucky resolves, with a mere protest against the unconstitutionality of the Alien and Sedition Laws. In spite of the stimulus of party spirit, Madison had not so far forgotten his large share in framing the Constitution and procuring its adoption, as to be willing to sanction, as a right reserved to and vested in the states, a veto upon the laws of the Union wholly incompatible with any quiet exercise of the federal authority; and his RELATIONS WITH FRANCE. 321 report, while pretending to justify the resolutions, in fact CHAPTER abandoned them in their essential part. The assertion XIV. in the Virginia resolutions of '98 of a right in the indi- 1799. vidual states, in cases of palpable violations of the Constitution, "to interfere for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, liberties, and rights appertaining to the states," was now explained to mean nothing more than a general right of resistance, not the right of the states particularly, or at all growing out of their federal relations, but that general right of human nature fully admitted on all sides to resist, and when other means should fail, to attempt to rectify by force, intolerable grievances and oppressions—a right which no American ever thought of disputing, and which it was hardly necessary to set forth in legislative resolutions. The same Legislature which adopted this report expressed their confidence in Monroe and approval of his policy by electing him governor of the state. Immediately after the confirmation by the Senate of the new envoys to France, a letter had been written to Murray, at the Hague, directing him to convey informa tion of that appointment to the French government, to which was to be added that the other two envoys would not embark for Europe without direct and unequivocal assurances from the Directory, previously given through their minister for foreign affairs, that the new embassadors would be received and admitted to an audience in their official character, and a minister of equal grade be appointed to treat with them. At the same time, Murray was directed to have no more informal communications of any kind with any French agents. In answer to Murray's communication, Talleyrand had hastened to give assurances, in the terms required, May 5 XIV. CHAPTER not without expressions of regret that the negotiation should be so long delayed for the mere confirmation of what he had so repeatedly declared to Gerry. 1799. August. Upon the arrival in America of these assurances, in spite of the known reluctance of the majority of his cabinet, the president, who had been at Braintree since the close of the session, directed orders to be sent to the envoys to prepare for immediate embarkation; and that the Secretary of State, with the assistance of the other heads of departments, should immediately draw up and send to him for approval a draft of instructions. The two principal points of these instructions, indemnity for the spoliations heretofore committed on American commerce, and freedom for the future from any obligation to guarantee any part of the French dominions, had been agreed upon previous to the president's leaving Philadelphia; but the preparation of the instructions in detail, including a draft of a new treaty as a substitute for the present ones, had been delayed, perhaps, by the reluctance of Pickering, but partly, also, by the reappearance of the yellow fever, which had again compelled the removal of the public offices to Trenton. As finally agreed to, the instructions directed that, if Talleyrand's assurances were not promptly fulfilled, and the negotiation commenced within twenty days after the arrival of the envoys at Paris, and continued in good faith, they should at once demand their passports and leave France without listening to any fresh overtures; nor, unless for special reasons, were they to allow the negotiation to be protracted beyond the first of the ensuing April. Indemnity for spoliations and release from the guarantee, indeed from all the obligations of the old treaty of alliance and commerce and of the consular convention, were to be insisted upon as had previously been RELATIONS WITH FRANCE. 323 XIV. agreed; also the repeal of the French decree for confis- CHAPTER cating neutral vessels having English merchandise on board. In other respects, the instructions corresponded 1799. with those given to the former envoys. By the time these instructions were nearly ready, news arrived of the Revolution in France of the 30th Sept. 11. Prarial (June 18th), by which the whole Directory, except Barras, had been changed-a consequence of the severe reverses which the arms of the Republic had lately experienced. Accounts of these reverses, arriving from time to time in America, had increased the disinclination felt from the beginning by many of the active Federal leaders for any renewal of diplomatic intercourse with France; and they eagerly insisted upon the recent change as a reason for further delay. Who could tell if the new Directors would hold themselves bound by the assurances of the old ones? Further revolutions were also foreseen. Such, of late, had been the rapid successes of the allies, the Arch-duke Charles triumphant on the Rhine, and the French quite driven out of Italy by the arms of Suwarrow, and Bonaparte absent and unsuccessful, perhaps already slain in the East, that even the Republic itself seemed in danger. Indeed, the restoration of the Bourbons began to be talked of as an event by no means improbable; Murray's recent dispatches were all in that strain; and the whole cabinet concurred in a letter to the president suggesting the suspension of the mission. Ellsworth also wrote to him to the same effect. Before coming to a final decision, the president resolved to proceed to Trenton. When he reached that place he found Davie already there. Ellsworth, whom the president had seen and talked with on the way, arrived a day or two after. Hamilton, accompanied by General Wilkinson, happened also to be present on af XIV. CHAPTER fairs of the army; but Adams strongly suspected his real business to be, to overlook the deliberations of a cab 1799. inet, of which he afterward vehemently complained that it was more Hamilton's than his. Well knowing, from many conversations with its separate members, what their opinions would be, and the instructions having been at last finally arranged, the president, as on the former occasion of the nomination of Murray, issued directions, without any special cabinet consultation, that the envoys should embark as speedily as possible in the frigate United States, then lying at Newport ready to receive them. This second slight put upon their opinions, and disre gard of what they seem to have esteemed their right to be consulted, made a final and permanent breach between the president and three of his secretaries. Stoddert, the Secretary of the Navy, who had exhibited great energy and ability in that department, and Lee, the Attorney General, were by no means so strenuous in opposing the departure of the envoys, being inclined to defer to the president's judgment in that matter. The three offended secretaries complained, in addition, of what they seemed to consider an unjustifiable finesse, and which did, indeed, show a certain adroitness on the part of the president, his obtaining their concurrence in the instructions, without giving them an opportunity to protest against the mission itself, which, by agreeing to the instructions, they might even seem to have approved. But, though all confidence between them and the president was now at an end, they still continued to hold their places. Their position in Adams's cabinet bore a certain resemblance to Jefferson's in that of Washington. They appear to have been influenced by the hope of availing themselves of their official position to secure a successor to Adams |