The friends of the bill, Sewall and Otis, of Massachusetts, Bayard, of
Delaware, and Dana, of Connecticut, replied to the constitutional
objections by deriving the authority of Congress from the power to
regulate commerce; from that to lay and collect taxes, to provide for
the common defence and general welfare; and ultimately from the
essential right of every government to protect itself. Mr. Gallatin made
a rejoinder on each of these heads, and reinforced his own arguments by
attacking the alleged necessity of the measure and dwelling on the
conflict it tended to excite between the general and the State
governments. In the debate that followed, Mr. Harper adverted to the
plot which he asserted to exist, and of which he intimated that the
opposition to this bill was a part, aiming at the betrayal of the
country to a French invading army. To this insinuation Mr. Gallatin
replied with an exhibition of warmth quite unusual with him; he turned
sharply upon Mr. Harper with the question, "Might I not, if I chose to
preserve as little regard to decency as that gentleman, charge him at
once with a wilful intention to break the Constitution and an actual
violation of the oath he has taken to support it?" Mr. Harper's retort
shows the spirit of the majority, of which he was now the acknowledged
leader. He neither apologized nor disavowed: "When a gentleman, who is
generally so very cool, should all at once assume such a tone of passion
as to forget all decorum of language, it would seem as if the
observation had been properly applied to that gentleman." Obviously Mr.
Gallatin was driven to the wall; the majority had no idea of sparing him
if he laid himself open to their attacks, and indeed, at this moment, to
crush Mr. Gallatin would have been to crush almost the last remnant of
parliamentary opposition. Mr. Jefferson has himself described the
situation at this time in language which, if somewhat exaggerated, is,
as regards Mr. Gallatin, essentially exact.[43] "The Federalists'
usurpations and violations of the Constitution at that period, and their
majority in both Houses of Congress, were so great, so decided, and so
daring, that, after combating their aggressions inch by inch without
being able in the least to check their career, the Republican leaders
thought it would be best for them to give up their useless efforts
there, go home, get into their respective Legislatures, embody whatever
of resistance they could be formed into, and, if ineffectual, to perish
there as in the last ditch. All therefore retired, leaving Mr. Gallatin
alone in the House of Representatives and myself in the Senate, where I
then presided as Vice-President.... No one who was not a witness to the
scenes of that gloomy period can form any idea of the afflicting
persecutions and personal indignities we had to brook." Then it was that
the Federalist majority, on the 18th May, 1798, amended the standing
rules by providing that no member should speak more than once on any
Public-domain text, read in full here on John Shaqi.
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