XVII. 1790. CHAPTER treaties with them on terms of equity and reciprocal advantage, and strictly to redeem every pledge. In these respects he looked upon the Indian tribes as holding the same rank and the same rights as civilized nations. But their faithlessness, ravages, and murders were not to be tolerated, from whatever causes they arose. After failing in every attempt at a pacification, he was convinced that war was the only alternative. It continued four or five years, with many vicissitudes of misfortune and disaster, the defeats of Harmar and St. Clair, unsuccessful campaigns, and much waste of blood and treasure, till General Wayne put an end to it, first by a battle, and then by a treaty of peace. This war lasted through a large part of Washington's administration. It was a source of regret and pain to him, on account both of its cause, the necessity of subduing by force the turbulence of an ignorant and deluded race of men, and of the heavy charge it imposed on the nation for maintaining an army. Congress assemble at Philadelphia. Congress commenced their third session at Philadelphia, and the President returned from Mount Vernon to that city, where he afterwards resided till the term of his ofDecember 6. fice expired. The debates of this session were scarcely less vehement, or less deeply tinged with party antipathies, than those of the preceding. Two important measures were brought forward, discussed, and adopted; a national bank, and a tax on ardent spirits distilled in the United States. National The Secretary of the Treasury had previously recommended a national bank, as of great utility in administering the finances of the country, and facilitating the operations for the support of public credit. He now called the attention of Congress to the subject by a special report, in which his views were explained with the same perspicuity and vigor of argument, which marked every thing that came from his pen. The project met with a strong opposition. It was attacked chiefly on the ground of its being unconstitutional. Much was said of the express, incidental, and implied powers conferred on Con XVII. 1791. gress by the constitution; and it was averred, that none CHAPTER of these, nor all of them together, authorized the incorporating of a bank. Its policy was questioned, and the utility of banking systems denied. To this it was answered, that such incidental powers must necessarily belong to every form of government, as will enable it to carry into effect the positive and vested powers, and to employ all the usual means for that purpose; and that a construction of the constitution according to this fundamental principle fairly included the means afforded by a bank, to which almost all commercial nations had resorted, and the advantages of which had been proved by long experience. No The arguments were somewhat metaphysical and attenuated on both sides; and indeed the attempt to define what it intended or implied by a written instrument, on points about which it says nothing, must naturally lead to abstractions little suited to enlighten or convince. other rule of interpretation would seem to be applicable in practice, than that a proposed measure shall contribute to the public good, and not contravene any express power. The contest ended in the establishment of a bank, with a capital of ten millions of dollars, of which eight millions were to be held by individuals, and the residue by the government. approves a national bank. On this subject the cabinet was divided, Jefferson and Washington Randolph being opposed to the bank as unconstitutional, the act for and Hamilton and Knox of a contrary opinion. The President requested from each a statement of his reasons in writing, and he is understood to have reflected deeply, and deliberated even with more than his usual caution, before he affixed his signature to the act. tilled spirits. The object of the tax on distilled spirits was to pro- Tax on disvide a fund for paying the interest on a portion of the domestic debt. The duties on imports were said to be strained as far as they would bear, without injury to commerce, and perhaps to the revenue by holding out a temptation to smuggling; and, as a new tax must be XVII. CHAPTER laid somewhere, the Secretary of the Treasury thought it could fall on no commodity less objectionable than ardent 1791. spirits distilled in the country. The tax was opposed as impolitic and unequal in its application. It was branded as an odious excise, hostile to liberty, the collecting of which would inflame the people, and lead to evasions and perhaps to resistance. It was unequal, because distilling was practised mostly in the West, and a few limited districts in other parts. This argument was more specious than sound, since the consumers would actually pay the tax; but it was vehemently urged by some of the representatives. The bill was carried, and was more remarkable for its consequences, than for its characteristics as a legislative act, in whatever light it may be viewed. President's tour through States. March. The President had fixed on the next recess of Conthe southern gress for a tour through the southern States. He set off about the middle of March, and was gone three months, performing in that time a journey of eighteen hundred and eighty-seven miles with the same horses. His route was through Richmond, Wilmington, and Charleston, as far as Savannah; whence he returned by way of Augusta, Columbia, and the interior of North Carolina and Virginia. Before leaving home, he had ascertained with great accuracy the distances between one place and another, settled the precise day upon which he should arrive at each, and the length of time he should stop. Not a single accident occurred; and with such exactness and method had his calculations been made, that his original plan was executed in every particular, except that he stayed one day more in one place than he intended, and one day less in another. He everywhere received the same proofs of respect and attachment, which had been manifested in his travels through the middle and eastern States. Law for the apportionment of representatives in Congress. The principal laws passed at the next session were those for apportioning the representatives, establishing a uniform militia system, and increasing the army. The constitution had prescribed, that the representatives in the national XVII. 1791. legislature should be apportioned among the several States CHAPTER according to the respective numbers of their population, but that the whole number of representatives should not exceed one for every thirty thousand. When the new apportionment bill was proposed, it was found that no ratio could be chosen, which would not leave large fractions to some of the States. For instance, if thirty thousand were taken as the ratio, there would be an unrepresented surplus of fifteen or twenty thousand, more or less, in some of the States. To remedy this imperfection, a bill was introduced and passed, which fixed the ratio at thirty thousand. The total population was divided by this ratio, which gave one hundred and twenty as the whole number of representatives. But this included the sum of all the fractions; and, after apportioning to each State one representative for every thirty thousand, the residuary members, to make the whole number of one hundred and twenty, were distributed among the States in which the fractions were the largest. The President decided, that this bill did not conform to the constitution, it being obvious that the ratio was meant to apply to the States individually, and not to the aggregate amount of population in them all. He therefore returned the bill to Congress, with his reasons for not affixing his signature. A new bill was then framed and approved, fixing the ratio at thirty-three thousand, and throwing out the fractions. sion. ousies. The subject derived an importance from the spirit of Local jealparty, and local jealousies, which entered into the discusMany of the members were strenuous for as large a representation as possible, by which the rights of the States would be better preserved, and a check afforded to the undue increase of executive power. The bill for the increase of the army was opposed on the same grounds. It would enlarge the executive patronage, which might ultimately be adverse to liberty, and a greater evil than the Indian war, for the prosecution of which the army was wanted. CHAPTER XVII. 1791. Political parties in the United States. Dissensions of parties regretted by Washington. It became evident, indeed, from many indications, both in Congress and abroad, that the advocates for different measures were fast arranging themselves into two distinct parties, the administration and its friends on one side, and its opponents on the other. In the first place, they who had opposed the constitution would naturally have their prejudices arrayed against it when put in practice, and be ready to find fault with any system by which this was effected. Again, all those who had watched with solicitude over the rights of the States, and believed these in danger, would be prepared to see the fulfilment of their predictions in the acts of the general government, however administered. If to these we add the bias of personal feelings, the influence of the passions, an unlimited freedom of speech, and the tendency of opposition to beget opposition, we shall have abundant materials for creating parties and aliment for their support. And, as parties gain strength by union, it was easy for these elements, at first discordant, gradually to assimilate. Nor need we question the motives of any individual or class of men. It is fair to presume, that, at this stage of our political progress, there was as much patriotism and sincerity on both sides as at any other period. It is true, that, when a man gives himself up to a party, he is apt to forget his country; yet in all free communities there must be parties, and every man must belong to one or another, so that his motives should be judged by his conduct and character, rather than by the side he takes. The necessity of parties is not identical with their abuse. The former is the safeguard of liberty, the latter its bane. If the people would enjoy the one, they must be enlightened enough to perceive and virtuous enough to correct the other. But this is not the place to examine into the origin or principles of the two great parties, which at that time began to divide the country, and which have continued ever since, with such modifications as have sprung from events and circumstances. It needs only to be said, that |