CHAPTER means, and they only, relied upon for suppressing its XIII 1799. abuses. With respect, in particular, to political discussions and political newspapers, a freedom as wide as this, however it may often degenerate into license, seems quite indispensable. In all free states it has been found necessary to guarantee to the members of the Legislature perfect impunity for any thing said in their legislative character. This impunity is liable to be greatly abused, and it often is greatly abused by bad and malicious men; but without it, nothing like freedom of discussion, or the detecting and ferreting out of political abuses, could be expected. And why not extend a similar impunity-at least to the extent of freedom from criminal prosecutions-to those by whom politics are discussed before the tribunal of the whole people? Falsehoods thus disseminated may be exceedingly grievous to the parties belied; but those parties always have the privilege of detecting and exposing the falsehood thus made to assume a distinct form. Very seldom, indeed, can it do them any permanent injury (in which case they have their remedy by private suit), while the dread of being publicly denounced acts upon the less honest with tremendous force. The existence of one such fearless paper as the Aurora, however objectionable in many respects that paper might be, operated, beyond all question, as a greater check to misconduct on the part of the Federal officials than all the laws. put together. Be But it may be asked, why object to criminal prosecutions when the truth may be given in evidence? cause this is a concession in many cases, such as that of Lyon, for example, much more showy than substantial. Even when the facts charged are of such a natúre as to admit of distinct proof, to bring witnesses might often be difficult, and would always be expensive. other objection much more serious still. There is an- CHAPTER What in polit XIII. ical prosecutions for libel is charged as false allegation, 1799. very often is but a mere statement of opinion, a matter of inference, as to which testimony is out of the question; and very often these charges are made, like similar charges in a bill of equity, for the mere purpose of driving the party accused to confess or deny the allegations. As all popular governments rest for support, not upon force, but upon opinion, assaults upon them limited to words ought to be repelled by words only. The press is open to the government also. To convict those who as sail it of falsehood and malice by a candid exposition of facts, is the most certain means to destroy their influence. To appeal to the law will always expose to the charge of being driven by conscious guilt to silence by force in default of reason the complaints and criticisms of the people, a part of whose right and liberty it is to complain and to criticise-a right and liberty of too delicate a nature, and too much intertwined with the first principles of freedom, to be rashly interfered with. Such are some of the arguments by which the wisdom and expediency of that part of the Sedition Law relating to libels, as well as of the whole system of criminal prosecutions for libels in the state courts, might have been plausibly, if not, indeed, convincingly assailed. But nothing of this sort proceeded from the mouths of the opposition. They confined themselves very strictly to the constitutional argument. It was a special restriction of the powers of the general government, not the general liberty of the press, for which they contended. Not a word was uttered against the exercise of that same power by the states, the exercise of which by the Federal government was denounced as fatal to liberty. The op CHAPTER position argued, not like liberal statesmen and wise legisXIII. lators, but only like violent anti-Federal politicians. 1799. While the nomination of envoys to France was still pending, the bills for the increase of the navy had become laws. Two, others relating to the same subject were passed shortly after, one embracing a code of rules for the naval service, the other creating a fund for navy hospitals by a reservation out of the monthly wages of seamen employed in the navy, similar to that authorized at the last session in case of merchant seamen. By a third act the marine corps was increased to a regiment of a thousand men. The Senate bill for a conditional increase of the army was also passed, as was another increasing the regiments of the standing force to a thousand men each. The sal The sec The laws relating to intercourse with the Indians, to the post-office, and to the collection of the revenue, were revised and re-enacted, and, in compliance with the recommendation of the president in his opening speech, the officers of the United States were required to assist in the enforcement of the local quarantine laws. aries of several public officers were increased. retaries of state and the treasury were henceforth to receive $5000 each; the other two secretaries, $4500; the attorney general, controller, treasurer, auditor, commissioner of the revenue, and postmaster general, $3000 each; the registrar of the treasury, $2400; the accountants of the war and navy departments, $2000 each; the assistant postmaster general, $1700. The salaries of the clerks in the executive department were also increased, and a new tariff of fees was established for the officers, witnesses, and attorneys in the United States courts. The increase of salaries was most violently opposed, and a great clamor was raised against it out of doors. But XHI no reduction was made when these very opposers came, CHAPTER soon after, to have the majority and the offices. The appropriations for the service of the current year, 1799. exclusive of the interest on the public debt and the conditional two millions for the augmentation of the army, but including some unexpended balances of former appropriations, amounted to nine millions, half of which was for the navy alone. The whole amount of means required for the service of the year exceeded thirteen millions of dollars. The resources for meeting this heavy expenditure consisted, in addition to the ordinary revenue, of the two million direct tax, the preparations for collecting which were now nearly completed, and of the five million loan lately filled at an interest of eight per cent. In this time of need, the balances due from the states on the settlement of their Revolutionary accounts were again called to mind, and an act was passed offering to discharge all such debtor states as within a year would pass laws for paying within five years, or to expend within that time, in fortifications, a sum in stocks of the United States at their then market value, equal, at par value, either to the balance due or to the whole amount of the state debt which the United States had assumed. This latter alternative was intended to meet the case of New York, the balance due from which very considerably exceeded the amount of the debt of that state assumed by the general government, the United States being content to relinquish the surplus of their claims, if they could but get back the amount thus unadvisedly advanced. New York availed itself of this and the former act on the subject to make a partial payment by expenditures on fortifications; but nothing was got, or has been, to this day, from any of the other debtor states. CHAPTER XILL Meanwhile a naval action of some importance had occurred in the West Indies. Of the two French frigates 1799, by which Bainbridge had been captured, one had returned to France, carrying Victor Hugues as a prisoner. The other, L'Insurgente, one of the very vessels with which the renegade Barney had blustered in the Chesapeake two years before, fell in with the Constitution, one of Barry's squadron, from which, however, she succeeded in escaping, the Constitution having carried away one of her top-masts in the chase. Though reckoned the best sailer in the French navy, L'Insurgente did not fare so well with the Constellation, the flag-ship of Truxton's squadron, by which she was chased off the island of St. Kitt's, and brought to close action after a three hours' pursuit, during which the French frigate carried away Feb. 9. her main top-mast. As to number of guns, the ships were about equal; but the Constellation's heavier metal gave her a decided advantage; and, after an action of an hour and a quarter, having lost twenty killed and fortysix wounded, L'Insurgente struck her colors. The Constellation had only three men wounded and one killed, but her rigging was considerably cut to pieces. The prize was manned and sent to the United States. news, which arrived in America shortly after the adjourn March 12. ment of Congress, of this first action between French and The American national ships, filled the Federalists with delight, while the other party received it with dejection, as another obstacle in the way of peace. The newly-appointed consul general for St. Domingo April. had already sailed thither, and, soon after, General Maitland, lately in command at that island, had arrived at Philadelphia from England, with whom, in conjunction with Liston, the English embassador, an arrangement was entered into as to the trade of the island. Information |