These two speeches of Mr. Gallatin and Mr. Nicholas were published in
pamphlet form and widely circulated. That of Mr. Gallatin was devoted to
answering the report of the committee, and followed closely the
arguments of that paper; he urged that the doctrine of constructive
powers, on which Congress rested its belief of the necessity and
propriety of this Act, "substituted in that clause of the Constitution a
supposed usefulness or propriety for the necessity expressed and
contemplated by the instrument, and would, in fact destroy every
limitation of the powers of Congress. It will follow that instead of
being bound by any positive rule laid down by their charter, the
discretion of Congress, a discretion to be governed by suspicions,
alarms, popular clamor, private ambition, and by the views of
fluctuating factions, will justify any measure they may choose to
adopt." There was no good answer to this objection, and none has ever
been made, but nevertheless it is quite clear that Congress alone can
decide upon the necessity and propriety of any Act intended to carry its
powers into effect, and that there exists no force in the government
which can control its decision. The "necessary and proper" clause,
dangerous as it was and is, did not become less dangerous by the defeat
of the Federalists and their expulsion from power. The time came when
Mr. Gallatin and his present opponents stood in positions precisely
reversed, and when he was compelled by the force of circumstances to ask
for powers quite as dangerous as those he was now arguing against.
Congress granted them, and he exercised them, greatly against his will
and amid the denunciations of his Federalist enemies. The logic of
events not infrequently proved, in Mr. Gallatin's experience, more
effective than all his theoretical opinions.
Already, however, a week before this speech, was delivered, an event had
occurred which entirely changed the situation of affairs and made Mr.
Gallatin's position comparatively easy. The President suddenly
intervened between the two excited parties, and, taking the matter into
his own hands, without consulting his Cabinet, without the knowledge of
any of his friends, on the 19th February, 1799, sent to the Senate the
nomination of William Vans Murray as minister to the French republic.
This nomination fell like a thunder-bolt between the conflicting forces.
At first its full consequences were not understood; only by slow degrees
did it become clear that it meant the expulsion from power of the
Hamiltonian wing of the party and the end of their whole system of
politics. Their war with France, their army, their navy, their
repressive legislation, all fell together. The immediate dangers, which
had threatened civil war, disappeared. A violent schism in the Federal
ranks immediately followed, and the overthrow of that party in the next
election became almost inevitable.
Public-domain text, read in full here on John Shaqi.
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