Usurpation of Executive Authority.

kind; but he had thought it necessary, in order to correct the statement given by the gentleman from Virginia.

[H. of R.

it must appear to the satisfaction of the jury, that the act of killing was not only done, but done with a mischievous and criminal intent; and the Mr. HARRISON hoped this bill would be recom- accused party may acquit himself by showing, mitted. He said he was as much disposed as any from attending circumstances, that he had no gentleman within these walls, to punish any usur- such intent. So if a person were indicted under pation of Executive rights, and if the bill could be this act for carrying on a correspondence with a so defined as not to punish the innocent with the foreign Government, he might acquit himself by guilty, he would vote for it, as wherever power is showing, from all the circumstances of his condelegated there he wished it to remain until re- duct, that he did not carry it on with any of the voked. As it now stands, however, he apprehend- criminal intents specified by this bill, but merely ed it would interfere with individual rights; and, for the purpose of saving his own property, or proas the law is to take immediate effect, an individ- curing the release of himself or his friends. I will ual now in France may be punished before he say, therefore, continued Mr. H., that any merknows such a law exists. Another objection which chant or merchants of this country may, notwithhe had to the bill was, that it is unlimited. He standing this bill, should it pass, make application, feared, as had already been hinted, that the law is by themselves or their agents, to the French Govprincipally intended for party purposes, and to ernment, for the restoration of their property, for bring an odium on the advocates of the rights of payment for it, or for the release of their friends, man in this House. Gentlemen have already re- provided they confine themselves to these objects, sounded it through the country that there is a and do not meddle with the political relations of party here connected with France; but they have the two countries. I will say. further, that even not dared to fix upon a man who forms one of this the memorial cited by the gentleman from Pennparty. If such a man be in this House, let them sylvania, (Mr. GALLATIN,) and presented by cerat once fix upon him, and there will be no hesita- tain foreign merchants to the Council of Five non about bringing him to punishment. If gen- Hundred in France, would not, should it be pretlemen fail to do this, the public will not longer be sented by a number of American merchants, after deceived in this matter. They will be certain that the passing of this bill, bring them within its penno such person exists. He hoped, for the reasons alties; it being manifest that the views of these he had stated, that the bill would be recommitted. merchants went no further than to their private The question was now put and negatived-53 affairs, and that although the reasonings which 10 36. they adduce are of a very general nature, and apMr. HARPER said that the motion for recommit-ply to the whole system of France respecting ment having been lost, he wished to offer a few remarks in reply to the objections urged against the passing of the bill.

And first he would state to the gentleman from Maryland, (Mr. S. SMITH,) who had declared himself to be favorable to the principles of the bill, but objected to the form in which it was drawn, that none of the cases put by that gentleman would, in his opinion, come within the purview or the penalties of the bill in its present form. The bill created, he said, a new offence, viz: "the commencing or carrying on, without the authorty of the American Government, any correspondence, written or verbal, with a foreign Government, its officers, or agents, with intent to influence the conduct or measures of such foreign Government, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States." It was this intent, he said, which constituted the essence of the offence; an intent to interfere in the political relations of this country with foreign nations, or to defeat the measures of our own Government. And it was an invariable and fundamental rule in our criminal proceedings, that upon every indictment the criminal intent which constitutes the offence must be proved. Otherwise the indictment cannot be supported. The intent cannot be directly and positively proved; but it may be and must be inferred by the jury from the circumstances of the case, and those circumstances must be proved by legal and sufficient testimony. Thus upon an indictment for murder.

neutral commerce, yet they do not design to intermeddle in any manner in the political relations between France and their respective Governments.

I will even go further. I will say that were I in France, after this bill should be passed, and M. Talleyrand were to invite me to sup with him, which perhaps might be the case, considering that I had the pleasure of his acquaintance in this country, and he were to ask my opinion about the political relations of the two countries, I should not scruple to tell him that the conduct of his Government was highly impolitic, and to assign my reasons for the opinion. I might, perhaps, not think it prudent to do so, but, if I thought it prudent, and the occasion offered, I should not consider myself as offending against this bill by doing so. Why? Because I should not act with the intent which this bill fixes on as the essence of the offence created by it; the intent to interfere or intermeddle with the public relations of the two countries. It is this interference, this intermeddling, and not an accidental conversation, which the bill forbids, according to any reasonable or possible construction of it by an American court and jury. Therefore I should hold such conversation without fear of the law, should the occasion accidentally occur; and should any body indict me for it under this bill, I would justify myself by showing, from all the circumstance of the case, that the affair was merely accidental, and that I had acted without any intention to interfere in the disputes of the two countries.

If he was right, Mr. H. said, in this construc

H. OF R.]

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tion of the bill, and, after a full consideration, he firmly believed that he was, there could be no ground for the apprehensions of the gentleman from Maryland, since the cases for which he wished to provide could never be considered by a court and jury as coming within the purview of the bill, which, in order to constitute the offence, required that the act should be done with an intent to interfere with the functions of the Government, and intermeddle with the political relations of the two countries.

[JANUARY, 1799.

own country, the United States of America, begs leave, Citizen Minister, to expose to you in writing, what he cannot with facility do by conversation, the motives which have induced him to quit his home and visit this country at a crisis like the present, when the political relations of France and America are so near experienc ing a total dissolution."

Thus we see that, this person professes, in the outset, to treat generally of the matters in dispute between the two countries, and declares this to have been the object of his journey:

hearts are overcome with sorrow when they reflect that so great a number of American patriots, who have fought and conquered side by side with Frenchmen, and whose blood has flowed in the same trenches, are now forced to gird on their swords and combat whom? those same generous Frenchmen."

The gentleman from Virginia (Mr. NICHOLAS) "Without any official character, and wholly unauhad, indeed, contended repeatedly, that such inter- thorized from any quarter, but knowing it to be his ference or intermeddling, so far from being pun-right, and believing it to be his duty, he comes as an ishable, was highly meritorious, provided its ob- dividual citizen to offer you his opinion on the best means ject was to make peace. This principle had been of restoring harmony and a good understanding be again and again exposed, by showing that, if once tween the Governments of the two Republics, and, at admitted, it would cover or even justify any inter- the same time, to support his own opinion with what ference for any purpose, and could not fail to end he knows to be that of all the principal characters in in transferring to unauthorized individuals, all the America, famed for their sacred love of liberty in genepowers which the people of this country have con-ral, and attachment for your cause in particular. Their fided to their Government, to be exercised by men of their own choice. Will it be denied, said Mr. H., that this principle may be so employed? Will it be denied that, under pretence of promoting peace, the agent of a faction may go from this country to France, and advise the French Government in what manner it ought to act, so as to It is observable in this paragraph that, although lull the country into security, increase its influ- he affects, for form's sake, I presume, to declare ence among us, and strengthen the hands of its that he is authorized by nobody, but comes merely own party To show that the principle contend- on his own footing, he yet immediately begins to ed for by the gentleman from Virginia may be so speak in the name and on the behalf of a political employed, that such attempts may be concealed, party in this country, whose opinions he declares under the specious garb of peace-making, I will to be the same with his own, and whom he debeg leave to read in my place, and as part of my scribes by calling them "all the principal characobservations on this subject, a paper which I hold ters in America, famed for their sacred love of in my hand, and which has come to my posses-liberty in general, and their attachment for the sion by means of one of those threads whereof I French cause in particular." We all know what formerly made mention. This paper is addressed this jargon means, when translated into plain to the Minister of Foreign Relations of the French English. Republic, and I have reason to believe was preWe all know that it means, in the new lansented to him by a citizen of this country who guage of party, that description of persons in this lately made a visit to France. It is in the follow-country who have uniformly opposed all the ing words:

[Here Mr. DENT asked by whom the paper was signed.J

measures adopted under this Government, and especially those which relate to France; a description of persons whom we know that France Mr. H. replied, that it was signed by nobody, has considered, and does consider, as a party deand he did not think himself at liberty to name voted to her will and directed by her influence. the person by whom he supposed it to have been She has told us that she relies on this party, for presented. He would state that it was transmit-keeping the Government in shackles, and renderted to this country through no official channel, ing it wholly unable to resist her aggressions; and but that he had reason to believe, and did believe, that on this reliance her haughty and rapacious it to have been presented to the French Govern- conduct toward this country has been founded. ment by an American citizen who was lately in In all these opinions this Envoy takes care to conFrance. He thought it in order for him to read firm the French Government. In the name of in his place any paper, unless it contained unbe- this description of persons he undertakes to speak. coming language, which was not the case with Their opinions, he assures her, are entirely conthis. He would, therefore, unless the Chair should formable with his own. otherwise decide, proceed to read it.

Thus we see that, while France professes to No objection being made, he proceeded to read have proceeded, in all her injurious conduct toit by paragraphs, and comment upon it, as fol-ward this country, on the reliance which she

lows:

"To the Minister of Foreign Relations:

"The undersigned, a firm friend to the principles of the French Revolution, and well known as such in his

placed upon the aid of a party among us, a direct and formal negotiation is opened with her Government in the name and on the behalf of that party. What effect this must produce on the general interests of the country, on the safety and

authority of the Government, I leave every one to judge.

[H. OF R.

Therefore, those who are not ready and willing to admit this, are not friends of liberty. Therefore, the American Government, including the Executive and both Houses of the Legislature, are not friends of liberty; for they have denied that France was desirous of peace, and have contended, on the contrary, that nothing less than submission would satisfy her. This has been the main position of the American Government, the ground-work of its whole system, of all its late

And here, Mr. Speaker, permit me to correct a mistake in matter of fact into which the gentleman from Virginia (Mr. NICHOLAS) fell on a former occasion. He declaredd that the existence of a party here on whose aid France relied had never been mentioned by any person connected with the French Government; the assertions on that subject having been made by one Mr. X, who never pretended to any authority from that Gov-measures; and the ardor wherewith these measernment. That gentleman will find, by recurring to the printed correspondence, that the assertions respecting the existence of a French party in this country, and the reliance placed on its aid by the French Government, were made not by Mr. X, but by Mr. Y; and that Mr. X, and Mr. Y, are two very different persons. Mr. Y was the real negotiator, and the agent of the French Government. He has since appeared to be a gentleman of the name of Bellamy; and being piqued at the insinuations which represented him as a mere swindler, who wished to get money for himself, he has published a letter under his real name in the Paris newspapers, wherein he expressly declares that he neither spoke or wrote one word in the negotiation with our Commissioners without the express direction of the Minister for Foreign

Affairs.

The Envoy having confirmed France in her opinion as to the existence and strength of her party here, goes on to inform her who are her enemies in this country.

“By what fatuity, Citizen Minister, has this unfortunate quarrel been suffered to arrive at the present crisis? Why are the enemies of France and America to be so highly gratified?"

Here we see that the enemies of France in this country are also the enemies of America; and they are gratified, it seems, by the quarrel. From the whole tenor of the paper it is manifest that by the enemies of France are meant those persons in this country who have supported their own Government and thought that the aggressions of France ought to be resisted. These, France is informed, are also enemies to America; while, on the other hand, all the real lovers of liberty and friends of their country are also friends of France. Let every one judge how much this must tend to confirm her in the opinion she holds respecting the existence, the strength, and the attachment of her party in this country.

“France will no doubt answer, America was originally in the wrong, and gives us no explanation; the Government of the United States will deny this, and offer its own complaints. But, unhappily, the danger of a rupture is now become too imminent to permit recriminations on the one part or the other. Is peace desired by France? The friends of liberty in America have ever been ready and willing to admit of it."

In this paragraph, the system is still further developed, and the views of the mission begin to disclose themselves. "The friends of liberty in America," France is told, "have ever been ready and willing to admit that she is desirous of peace."

ures have been seconded by the people has arisen from a conviction of this truth. But here France is told not to be alarmed by these appearances; for, that all the "friends of liberty" in America, that is, in other words, the whole party whom she considers and relies on as her party, are still ready and willing to believe, contrary to all the evidence of facts, and all the declarations of their own Government, that she is desirous of peace. Could she have stronger encouragement to proceed than thus to be told, by a person who speaks, whether with or without authority, in the name of a party, and supports his opinion by theirs, that, do what she will, there is a numerous and powerful description of persons in this country ready to shut their eyes to her conduct, distrust and disbelieve our own Government, and place an implicit reliance on all her insidious professions? What stronger inducement could she have to believe that even were she to invade the country, she might insure the assistance of all the "friends of liberty in America," by publishing a manifesto to declare, as her General did when he was advancing into Switzerland, that she meant not to attack the country, but only to release it from oppression, to suppress the "aristocracy," and place the Government in the hands of the "true patriots," the "friends of liberty in America ?"

made on our commerce, particularly in the West Indies, "When we have seen the numerous depredations missioned cruisers, but condemned on the most frivolous some by cruisers without commissions, others by compretensions, we have, with pleasure, sought a pretext in malconduct of the agents of Government, and not carried our indignation to the Government itself: the late arrêt of the Directory has proved that we are right."

Here France receives another most encouraging piece of information. That "we," meaning the Envoy and those in whose names he speaks, in other words, "all the friends of liberty in America," are not dissatisfied with the conduct of the French Government itself, with her hostile decrees against our commerce, which are the grounds of our complaints, but merely with the irregularities committed under those decrees, by some of her agents and privateers. Hence, she is enabled to conclude, that she may insure the countenance and support of this party, of "all the friends of liberty in America," without receding in the least from the substance and essential parts of her aggressive system, provided she will do something to save appearances, will restrain some irregularities of her agents, and pass some unmeaning arrêt about the conduct of her privateers. If she

H. OF R.]

Usurpation of Executive Authority.

will do this, she is, in substance, informed, that she may continue to enforce her decrees, against which themselves, and not against the abuses committed under them, we have armed, and may rely on the aid of the "friends of liberty," to render our efforts ineffectual. It is easily seen how much this, while it teaches her the proper course to be followed, must encourage her to persevere.

[JANUARY, 1799.

order that they may be on their guard against intrigants who will not fail to engage them to count, in case of a rupture, on a powerful party in America to assist the plans of France, and even to aid in case of an invasion. The contrary, be assured Citizen Minister, will be the effect; the very idea strikes all true Americans with horror; they are ardently desirous of an accommodation with France; but desirous as they are of an accommodation, they would be no less ready to support their Gov"We have seen, with the most lively regret, the non- ernment in war, and particularly in opposing with ensuccess of the negotiations at Paris; we neither blame ergy all foreign invasion. This truth admitted, France one Government nor the other, that these have not has to consider which is most for her own interest, to been brought to a happy issue; we prefer directing all make an enemy of United America and to throw her our efforts to revive the expiring flame of friendship thus into the arms of Great Britain, or by a great and and good will, that ought not, for a moment, to have magnanimous conduct to draw back those wandering been disminished, and to baffle the infamous intrigues of affections, which intrigue and misunderstanding have the enemies of France and America, who, in no way, estranged for a moment, and leave the true American can be so much gratified, as by bringing the two Re-character to blaze forth in the approaching elections." publics to an open rupture."

This paragraph, more fully than any other, disThus, it seems that "we," meaning still the En-closes the cloven foot of the mission. France is voy and his party, "all the friends of liberty in assured that, should she persist too openly in her America," are not disposed to blame France for pleas, should she continue her outrageous and inthe rupture of the negotiation, and take care to sulting behaviour, should she openly attack or intell her so. This is saying to her, in effect, "not-vade the country, she will unite all parties against withstanding what the American Government, and her, and ruin her own cause. That she must, its supporters here, said about your conduct in the therefore, temporize, take off a little, or, to use a late negotiation, be not discouraged, for the 'friends seaman's phrase, shorten sail for a while. For of liberty' in America do not believe them. They what is she to do this? Listen to the Envoy. She believe you in opposition to their own Government, is to do it in order to "bring back the wandering and acquit you of all blame in this affair; and they affections of the country; and make the true will take care to counteract the infamous intrigues American character blaze forth in the approachof these enemies of France and America." Let us ing elections." In plain English, to strengthen recollect who are meant by " the enemies of France her party, which her late violent conduct had renand America," in the language of this paper, and dered unpopular, and give them a preponderance we shall find, Mr. Speaker, that these "infamous in the next elections. Thus, a foreign Governintrigues" mean the efforts employed to rouse ment is instructed, by the envoy of a domestic this country to resistance, and place it in a state faction, or a person who takes on himself to speak of defence. These efforts France is taught to con- and act as such, in the proper method of aiming a sider as "infamous intrigues," set on foot by the successful stab at the vitals of our Constitution, enemies of America: which "all the friends of by influencing our elections, and from the assurliberty" will not fail to resist, and, if possible, to ances contained in the former part of the memorender ineffectual. It is obvious what encourage-rial about the views and opinions of this party, who ment in her enterprises she must derive from this are thus to be rendered triumphant in the elections, she is left at full liberty to conclude that, if by some trifling and insidious concessions, she can accomplish this point, she will have nothing to fear after "the true American character shall have been made, by her means, to blaze forth in the elections." In other words, after this party, on whom she relies, shall have obtained a preponderance in the popular branch of the Govern

assurance.

"The advantage of speaking the same language, gives the enemies of France an opportunity of knowing well the American people; they know that the purest Repub lican principles govern the mass of them; that their magistrates once chosen, are the organs of the people during the time for which they are chosen, notwithstanding their administration may be attended with errors and even faults. If therefore they can provoke the rupture they so ardently wish for, they are sure that every American will rally round the standard of Government; and a Government so supported will be a most useful ally to

them.

"I wish, Citizen Minister, (and here I know that I convey the wishes of all who deprecate a separation from France, and particularly, that great friend to liberty, so well known in this country.)

ment.

"France has now, Citizen Minister, an opportunity of gaining, or losing, the affections of the Americans forever; she has lately shown an unequivocal desire of preserving peace with her; but she has not yet done! enough for her own interest. What she has done will have but little effect, while the embargo exists and American seamen are confined in prison; let them be released, the embargo raised as soon as possible, and a Minister

[In this place, Mr. H. said, the name of a dis-sent to America with liberal instructions; the dispute tinguished personage in this country was mentioned, which he did not think himself at liberty to repeat.]

"To impress on the minds of the Government, the truth contained in the foregoing paragraph, it is essential that they should feel and be well convinced of it, in

will then be immediately restored; you will rejoice the hearts of all true Americans; their children will lisp your praises, and their fathers will inspire their young minds with love and affection for their ancient deliv erers.

“I know that the measure of sending a Minister im