the separate and respective states; and that the bill had alloted to eight states, more than one for every thirty thousand. This was the first instance, in which the president had exercised his qualified veto, to any act of congress. The bill not being repassed by two thirds of both houses, was rejected. A bill was afterwards passed, apportioning the representatives, agreeably to a ratio of one for every thirty thousand in each state, which received the sanction of the president; and this mode of apportionment has since been pursued.

Early in the session, the president communicated to congress, the unfortunate defeat of general St. Clair and his army, by the Indians. In consequence of this, the frontiers were left more exposed to Indian depredations; and the number of the regular troops was augmented, and additional duties laid on various imported articles, to defray the expense.

The administration of the general government was disturbed this year, not only by the continuance of Indian hostilities, but by an increased opposition, in some parts of the union, to the laws laying a duty on domestic spirits. This opposition had been carried so far, as to require a proclamation from the president, warning all persons against unlawful combinations and proceedings, tending to obstruct the operation of the laws. These subjects, among others, were noticed by the president, in his communication to congress, at the commencement of their session on the 6th of November, 1792.

It was apparent that the two great parties, originally formed at the time of the adoption of the constitution, and which from various causes, had since increased, began now to be more distinctly marked. Those originally opposed to the new govern ment, as was to be expected, watched with a jealous eye, every exercise of power under it.

Individuals who had foretold the evil consequences of adopting the system, without previous amendments, and who had been disappointed, in the alterations proposed by congress, would naturally lay hold of every act of the government, tending to shew the truth of their predictions: and pride of opinion would be in

terested, not only in proclaiming, but magnifying real or supposed evils.

Nor was the opposition limited to the unconstitutionality of the acts of the general government,-it extended to many of the great and important measures of its administration.

The funding system generally, the assumption of the state debts, the bank, and duties on domestic spirits, were objects of the most severe attack; and the secretary of the treasury, who was considered as the author of them, had become very unpopular in some parts of the union.

The difference between the heads of the departments of state and treasury, on some important questions, which had been agitated in the cabinet, was well known and felt in congress and elsewhere. The public conduct and political characters of the gentlemen at the head of these departments, in the course of the year 1792, had been the subject of severe newspaper animadversions. Mr. Hamilton was viewed not only as the author of the funding system, the bank, and other measures deemed either unconstitutional, or highly injurious to the public interest, but was charged with hostility to republican principles and state rights. Mr. Jefferson, on the other hand, was considered hostile to the constitution, and was accused of being opposed to the administration of which he was a member, and of taking measures to reduce the powers of the general government, within too narrow limits.

During this session, an inquiry was instituted in the house of representatives, into the official conduct of the secretary of the treasury. This was commenced by Mr. Giles, by calling for information from the president and secretary, relative to loans, negociated in pursuance of the acts of the 4th and 12th of August, 1790, and the management and application of these loans; as well as the application and management of the revenue generally. The resolutions introduced for the purpose of obtaining this information, were adopted by the house. The object of the mover was disclosed in his remarks in support of them. These remarks he concluded by saying-" Candor, however, induces me to acknowledge, that impressions, resulting from my inquiries VOL. II.

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into this subject, have been made upon my mind, by no means favorable to the arrangements made by the gentleman at the head of the treasury department.”

The report of the secretary, in answer to this call for information, evinced that his pride was not a little wounded by the remarks of Mr. Giles. "The resolutions," he said, " to which I am to answer, were not moved without a pretty copious display of the reasons on which they were founded. These reasons are of a nature to excite attention, to beget alarm, to inspire doubts.

"Deductions of a very extraordinary complexion, may, without forcing the sense, be drawn from them. I feel it incumbent upon me, to meet the suggestions which have been thrown out, with decision and explicitness. And while I hope I shall let fall nothing inconsistent with the cordial and unqualified respect which I feel for the house of representatives, while I acquiesce in the sufficiency of the motives that induced, on their part, the giving a prompt and free course to the investigation proposed, I cannot but resolve to treat the subject with a freedom which is due to truth, and the consciousness of a pure zeal for the public interest."

Having endeavored to shew the fallacy of the statements made by the mover of the resolutions, in conclusion he observed,-"Thus have I not only furnished a just and affirmative view of the real situation of the public accounts, but have likewise shewn, I trust, in a conspicuous manner, fallacies enough in the statements, from which the inference of an unaccounted for balance is drawn, to evince that it is one tissue of error."

Soon after this report was made, Mr. Giles submitted to the house several resolutions, containing charges against the secretary. The substance of them was, that he had failed to give congress information, in due time, of monies drawn from Europe --that he had violated the law of the 4th of August, 1790, by an unauthorized application of money borrowed under it, that he had drawn part of the money into the United States, without any instructions from the president-that he had exceeded his authority in making loans, under the acts--that without instructions from the president, he had drawn more of the money borrowed

in Holland, than he was authorized by those acts, and that he had been guilty of an indecorum to the house, in undertaking to judge its motives in calling for information. The charges contained in these resolutions being considered either frivolous or unsupported, the resolutions themselves were negatived by large majorities.

The states were not a little alarmed at a decision of the supreme court of the United States, at their session in February, 1793. The court at this sesion, four judges against one, decided, that a state was liable to a suit, in favor of an individual. This important and interesting question came before the court, in a suit instituted by a citizen of South Carolina, against the state of Georgia. The process was served, by leaving a copy with the governor, and also with the attorney general of that state-it was made returnable to August term, 1792; and was continued to February following. The state of Georgia did not appear, and the question was argued solely by the attorney general of the United States, in favor of the plaintiff.

The decision was grounded on that part of the constitution, establishing the federal judiciary, which declares, that the judicial power should extend among other cases, "to controversies between a state and citizens of another state." The court were of opinion, that this was not limited to controversies, where the state was plaintiff.

In consequence of this decision, in the summer of 1793, a suit was also commenced by an individual against the state of Massachusetts, and suits against other states, were no doubt, in contemplation. Congress, at their next session, proposed an amendment to the constitution, declaring, that the judicial power of the general government, should not be construed to extend to any suit, in law or equity, against any state, by the citizens of another state, or by citizens or subjects of any foreign state. This was afterwards ratified by the states, and became a part of the constitution.

The 4th of March, 1793, closed the sessions of the second congress, as well as the first term of the administration of president Washington.

CHAPTER XXI.

George Washington again elected president, and John Adams vice-president—Public feeling in America in favor of the French revolution-France declared a republic-Declare war against England and Holland-Genet a new French minister arrives in America-Proclamation of neutrality issued Is strongly opposed--French minister's instructions---He is directed to form a family or national compact with the United States-A new guaranty of the French West Indies to be a condition of enjoying a commerce with them---Conduct of Genet---Difference between him and the American executive---Causes of it-Genet claims a right to arm vessels in American ports, and to issue commissions and to enlist Americans to man them— Uses intemperate language in his correspondence-French consuls take cognizance of prizes---Resist the officers of the United States-Genet arms and sends out a vessel directly contrary to the orders of the president-Threatens to appeal to the people---President requests his recall-Genet furnished with a copy of the letter containing this request---His insulting reply---Issues commissions, and engages men in South Carolina and Kentucky in hostile expeditions against the Spanish possessions-Spirited conduct of South Carolina against such proceedingsConduct of the French agents in Kentucky-Their correspondence with the governor of that state-Correspondence between the secretary of state and governor Shelby-Conduct of the French minister supported by many Americans-President accused of sacrificing the interests of France-Great mass of the people, when informed of the threat of the French minister to appeal to them, express their indignation at this, and support the president.

GENERAL WASHINGTON had consented, though with great reluctance, not to decline a second election. He again received the unanimous vote of the electors. Mr. Adams was also again elected vice-president, but not with equal unanimity. Of one hundred thirty two votes, Mr. Adams had seventy seven, Mr. Clinton, of New York, fifty, Mr. Jefferson four, and Aaron Burr one. The states of New York, Virginia, North Carolina, and Georgia, were unanimous in favor of Mr. Clinton, and Kentucky voted for Mr. Jefferson.

On the 5th of March, the president took the oath of office, and entered upon the second term of his administration. It was fortunate for the United States that he yielded to the wishes of his country, not to decline a second election. The great events