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The Presidency of
John Adams
John Adams (Engraved from the painting by Chappel.)
The Presidency of
John Adams
THE COLLAPSE OF FEDERALISM
1795-1800
by
STEPHEN G. KURTZ
Philadelphia
UNIVERSITY OF PENNSYLVANIA PRESS
© 1957 b y ^ Trustees of the University of Pennsylvania
Francis Godolphin
Preface
Preface 7
1 Bright Hopes f o r Mr. Jefferson 19
2 T h e Republican Challenge 39
3 Popular Federalism 59
4 T h e Candidates of 1796 78
5 Adams and Hamilton 96
6 Imported and Domestic Designs f o r V i c t o r y 114
7 T h e States and the Presidency 145
8 A Political Revolution in Pennsylvania 177
9 Discontent with Hamilton 192
10 Adams and Jefferson: Friendship and Politics 209
11 T h e Patronage Crisis and the Decline in Federal
Status 239
12 T h e President and His Secretaries 261
13 Political Consequences of the X Y Z Papers 284
14 T h e Bête N o i r of Federalism 307
15 A Just and Politic Peace 334
16 Politics and Peace, 1799 354
17 Independence 374
Appendixes 409
Bibliography 417
Index 441
«3
Illustrations
John Jay
James Madison
Thomas Jefferson
Timothy Pickering
Alexander Hamilton
Map of the United States in 1796
'5
The Presidency of
John Adams
1
Bright Hopes for Mr. Jefferson
6
November 10, 1795, Beveridge, John Marshall, II, 132; Boyd, Harry Lee,
240.
•Joseph Jones to Madison, November 22, 1795, Madison Papers, LC.
Bright Hopes for Mr. Jefferson 23
lican attack with the charge that the treaty was unconstitu-
tional.7
Over the week end John Marshall labored over his reply
to Taylor. His performance at the Richmond hearings in the
British debts cases of 1793 pointed to him as the only Vir-
ginia Federalist who might be pitted against Taylor on a con-
stitutional question. Realizing that he had no chance of turn-
ing the majority from its ultimate objective, Marshall avoided
the question of expediency altogether. For more than three
hours on November 19 and 20 the tall, relaxed figure held
the floor. Again and again he returned to his basic premise
that a treaty is as valid when ratified by the President with
the consent of the Senate as though approved by the popular
branch of the legislature. The Constitution was perfectly
clear on the point, and Marshall challenged the Republicans
either to accept the Constitution or to change it. He ad-
mitted the constitutional right of the House to refuse ap-
propriations after ratification, a far more judicious procedure
than to allow the treaty to be "stifled in embryo," but he
urged Virginia to avoid the disgrace of giving "an unneces-
sary affront" to the President, who had acted in good faith
throughout.8
Carrington and his friends were delighted with Marshall's
efforts, but from the final vote on the resolution to uphold
the state's senators for their action it was clear that reverence
for Washington was melting rapidly. By a vote of 100 to 50
the Executive was chastised. Federalists held to the belief
that Washington's character was still their best weapon and
succeeded in having an amendment adopted acquitting the
President of "evil intention" in signing the British treaty. 9
Public feeling might still be aroused against the Republicans
7
Jones to Madison, November 22, 1795, ibid.
8
Marshall to Hamilton, April 25, 1796, Hamilton, Works (Lodge ed.),
VI, 109; T . M. Randolph to Jefferson, November 22, 1795, Jefferson, Writ-
ings (Ford ed.), VIII, 198.
9
Jones to Madison, November 22, 1795, Madison Papers, L C .
*4 The Presidency of John Adams
15
Connecticut Gazette, February 4, 1796.
16
Gore to King, January 21, 1796, op. cit.
17
Connecticut Gazette, op. cit.
28 The Presidency of John Adams
18
Independent Chronicle (Boston), February 8, 1796.
"Madison to Edmund Pendleton, February 7, 1796, Madison Papers, LC.
20
Independent Chronicle, February 8, 1796.
Bright Hopes for Mr. Jefferson 29
The Federal government had stirred up special attention
in Pennsylvania, not only because politics was one of the
primary occupations of its metropolis, but also because the
recent W hiskey Rebellion had become an important symbol
of local opposition to Federal legislation. The upper house
was controlled by eastern members of the administration
party and passed a resolution declaring "unshaken confi-
dence" in Washington; but in the lower chamber a long de-
bate over the Virginia amendment proposals ensued, ending
in a Federalist victory by the margin of 45 to 30. The out-
come showed considerable Republican strength in view of
the radical nature of the matter under discussion.21
In the Republican heartland below the Potomac, South
Carolina was the state to watch, as neither party could claim
control of the political machinery. Charleston, which dom-
inated the political and economic life of the state, had been
up in arms over the J a y treaty. Jay's failure to guarantee
compensation for the hundreds of slaves seized by British
forces during the Revolution was met with universal anger
by the slave-owning aristocracy of South Carolina. Even
the powerful Rutledge family had gone over to the antitreaty
forccs, and a few months later found the family patriarch,
John Rutledge, turned down for the Chief Justiceship by a
vindicative Federalist majority in the Senate.22 Senator Pierce
Butler of South Carolina was a leading light of the Repub-
lican forces in Philadelphia, and even Charles Cotesworth
Pinckney, stanch defender of sound government that he was,
had found few words with which to defend the administra-
tion's acceptance of the treaty. With the balance of party
sympathies so even, South Carolina had become a political
question mark by 1796.
A t the beginning of December a motion requesting South
Carolina's Representatives in Congress to vote against appro-
21
Aurora (Philadelphia), February 26, 1796; Hamilton, Republic, VI, 327.
22
Jefferson to William B. Giles, December 31, 1795, Jefferson Papers, LC.
30 The Presidency of John Adams
priations for the treaty and declaring that the President and
Senate had "mistaken their constitutional powers" in ratify-
ing it was introduced in the legislature.
"Gracious heaven," cried one agitated assemblyman, "is
this the return which you are about to make to a man who
has dedicated his whole life to your service?" Reminders of
Washington's revolutionary services were of little avail, how-
ever, and by a vote of 9 to 69 the lower house stamped the
treaty as "injurious to the general interests of the United
States." On the essential point, that of carrying the treaty
into effect, South Carolina lined up squarely with Virginia.
T h e legislature instructed its Congressmen to refuse their
votes for appropriation, although the majority on this point
fell from 60 to 8 votes. 23 Here Virginia scored a tremendous
victory, and in Kentucky and Georgia the entire amendment
platform was adopted along with recommendations that the
House blockade the treaty. 24
30
December 9, 1795, Jefferson Papers, LC.
" G i l e s to Jefferson, December 20, 1795, ibid.; Madison to Monroe, De-
cember 20, 1795, Madison, Writings (Hunt ed.), VI, 260.
34 The Presidency of John Adams
pered rumors as the House set itself in order for business.
Jonathan Dayton of N e w Jersey, a political neutral, was
chosen Speaker, and Republican handy man John Beckley
re-elected Clerk. 32 What had happened to the bravado? Re-
publicans said as little about the treaty in framing their reply
to the President's message as he himself had said. T h e y con-
tented themselves for the time being with striking out the
words "unequalled prosperity" in describing the nation's
economic condition under Washington's administration. The
only sign of Mr. Ames's hurricane was a Virginia Congress-
man's quip that "a late transaction" had diminished his con-
fidence in the President somewhat. 33
Bills on snuff manufacture, tariffs, and penal codes were
introduced, and on January 4 Giles submitted a resolution
commending Washington's friendly N e w Year's Day address
to the French Minister. Not to be outdone, a Federalist sec-
onded the motion and asked that one thousand copies of this
address be printed at public expense. The latter suggestion
was passed over, but the commendation easily passed.34
January and February wore on, debates in Congress being
as uninspiring as the weather. Routine matters seemed to ab-
sorb the politicians and lawmakers. "Where is the treaty?"
asked the editor of the N e w York Argus, a violent Repub-
lican sheet. "Perhaps Camillus [Hamilton] wished the Pres-
ident to wait until he has gone through the question of con-
stitutionality, not being willing to trust his party with the
discussion of this point," was the rhetorical answer.36 Re-
publican anger against Washington mounted steadily as Feb-
ruary passed and no treaty was transmitted to the House.
Finally on February 22 resentment burst out in an unprece-
dented refusal to recess in order to pay respects to the hero
of the Revolution on his birthday. Only eighteen anti-Wash-
82
Annals, 4th Congress, 1st Session, 125-ijo.
33
Josiah Parker, December 17, 1795, ibid., 144.
34
Theodore Sedgwick of Massachusetts, January 4, 1796, ibidn 199.
35
Argus, January 7, 1796.
Bright Hopes for Mr. Jefferson 35
One or two people knew that at one time Lady Molly Robertson-Kirk
had been engaged to Captain Hubert de Mazareen, who was now
convict No. 97, undergoing a life sentence for the murder of Mr.
Steadman, a solicitor of Carlisle, in the Elkhorn woods in April, 1904.
Few, on the other hand, knew of the secret marriage solemnised on
that never-to-be-forgotten afternoon, when all of us present in the
church, with the exception of the bridegroom himself, were fully
aware that proofs of guilt—deadly and irrefutable—were even then
being heaped up against the man to whom Lady Molly was plighting
her troth, for better or for worse, with her mental eyes wide open, her
unerring intuition keen to the fact that nothing but a miracle could
save the man she loved from an ignoble condemnation, perhaps
from the gallows.
The husband of my dear lady, the man whom she loved with all
the strength of her romantic and passionate nature, was duly tried
and convicted of murder. Condemned to be hanged, he was
reprieved, and his sentence commuted to penal servitude for life.
The question of Sir Jeremiah’s estate became a complicated one,
for his last will and testament was never signed, and the former one,
dated 1902, bequeathed everything he possessed unconditionally to
his beloved grandson Hubert.
After much legal argument, which it is useless to recapitulate here,
it was agreed between the parties, and ratified in court, that the
deceased gentleman’s vast wealth should be disposed of as if he
had died intestate. One half of it, therefore, went to Captain Hubert
de Mazareen, grandson, and the other half to Philip Baddock, the
son. The latter bought Appledore Castle and resided there, whilst his
nephew became No. 97 in Dartmoor Prison.
Captain Hubert had served two years of his sentence when he
made that daring and successful escape which caused so much
sensation at the time. He managed to reach Appledore, where he
was discovered by Mr. Philip Baddock, who gave him food and
shelter and got everything ready for the safe conveyance of his
unfortunate nephew to Liverpool and thence to a port of safety in
South America.
You remember how he was thwarted in this laudable attempt by
Lady Molly herself, who communicated with the police and gave up
convict No. 97 into the hands of the authorities once more.
Of course, public outcry was loud against my dear lady’s action.
Sense of duty was all very well, so people argued, but no one could
forget that at one time Captain Hubert de Mazareen and Lady Molly
Robertson-Kirk had actually been engaged to be married, and it
seemed positively monstrous for a woman to be so pitiless towards
the man whom she must at one time have loved.
You see how little people understood my dear lady’s motives.
Some went so far as to say that she had only contemplated marriage
with Captain Hubert de Mazareen because he was then,
presumably, the heir to Sir Jeremiah’s fortune; now—continued the
gossips—she was equally ready to marry Mr. Philip Baddock, who at
any rate was the happy possessor of one half of the deceased
gentleman’s wealth.
Certainly Lady Molly’s conduct at this time helped to foster this
idea. Finding that even the chief was inclined to give her the cold
shoulder, she shut up our flat in Maida Vale and took up her
residence at the little house which she owned in Kirk, and from the
windows of which she had a splendid view of stately Appledore
Castle nestling among the trees on the hillside.
I was with her, of course, and Mr. Philip Baddock was a frequent
visitor at the house. There could be no doubt that he admired her
greatly, and that she accepted his attentions with a fair amount of
graciousness. The county fought shy of her. Her former engagement
to Captain de Mazareen was well known, and her treachery to him—
so it was called—was severely censured.
Living almost in isolation in the village, her whole soul seemed
wrapped in thoughts of how to unravel the mystery of the death of
Mr. Steadman. Captain de Mazareen had sworn in his defence that
“ ‘Ask Philip Baddock if my threats are paltry’ ”
the solicitor, after starting to walk through the Elkhorn woods with
him, had feared that the tramp over rough ground would be too much
for him, and had almost immediately turned back in order to regain
the road. But the chauffeur, George Taylor, who was busy with the
broken-down car some two hundred yards up the road, never saw
Mr. Steadman again, whilst Captain de Mazareen arrived at the
gates of Appledore Castle alone. Here he was met by Mr. Philip
Baddock, who informed him that Sir Jeremiah had breathed his last
an hour before.
No one at the Castle recollected seeing a stick in Captain Hubert’s
hand when he arrived, whilst there were several witnesses who
swore that he carried one at Appledore Station when he started to
walk with her ladyship. The stick was found close to the body of the
solicitor; and the solicitor, when he met with his terrible death, had in
his pocket the draft of a will which meant disinheritance to Captain
de Mazareen.
Here was the awful problem which Lady Molly had to face and to
solve if she persisted in believing that the man whom she loved, and
whom she had married at the moment when she knew that proofs of
guilt were dead against him, was indeed innocent.
2
Half an hour later she called to me, asked for her hat, told me to put
on mine and to come out for a stroll.
As so often happened, she led the way towards the Elkhorn
woods, which in spite, or perhaps because, of the painful memories
they evoked, was a very favourite walk of hers.
As a rule the wood, especially that portion of it where the
unfortunate solicitor had been murdered, was deserted after sunset.
The villagers declared that Mr. Steadman’s ghost haunted the
clearing, and that the cry of the murdered man, as he was being
foully struck from behind, could be distinctly heard echoing through
the trees.
Needless to say, these superstitious fancies never disturbed Lady
Molly. She liked to wander over the ground where was committed
that mysterious crime which had sent to ignominy worse than death
the man she loved so passionately. It seemed as if she meant to
wrench its secret from the silent ground, from the leafy undergrowth,
from the furtive inhabitants of the glades.
The sun had gone down behind the hills; the wood was dark and
still. We strolled up as far as the first clearing, where a plain, granite
stone, put up by Mr. Philip Baddock, marked the spot where Mr.
Steadman had been murdered.
We sat down on it to rest. My dear lady’s mood was a silent one; I
did not dare to disturb it, and, for a while, only the gentle “hush—sh
—sh” of the leaves, stirred by the evening breeze, broke the
peaceful stillness of the glade.
Then we heard a murmur of voices, deep-toned and low. We could
not hear the words spoken, though we both strained our ears, and
presently Lady Molly arose and cautiously made her way among the
trees in the direction whence the voices came, I following as closely
as I could.
We had not gone far when we recognised the voices, and heard
the words that were said. I paused, distinctly frightened, whilst my
dear lady whispered a warning “Hush!”
Never in all my life had I heard so much hatred, such vengeful
malignity expressed in the intonation of the human voice as I did in
the half-dozen words which now struck my ear.
“You will give her up, or——”
It was Mr. Felkin who spoke. I recognised his raucous delivery, but
I could not distinguish either of the two men in the gloom.
“Or what?” queried the other, in a voice which trembled with either
rage or fear—perhaps with both.
“You will give her up,” repeated Felkin, sullenly. “I tell you that it is
an impossibility—do you understand?—an impossibility for me to
stand by and see her wedded to you, or to any other man for the
matter of that. But that is neither here nor there,” he added after a
slight pause. “It is with you I have to deal now. You shan’t have her—
you shan’t—I won’t allow it, even if I have to——”
He paused again. I cannot describe the extraordinary effect this
rough voice coming out of the darkness had upon my nerves. I had
edged up to Lady Molly, and had succeeded in getting hold of her
hand. It was like ice, and she herself was as rigid as that piece of
granite on which we had been sitting.
“You seem bubbling over with covert threats,” interposed Philip
Baddock, with what was obviously a sneer; “what are the extreme
measures to which you will resort if I do not give up the lady whom I
love with my whole heart, and who has honoured me to-day by
accepting my hand in marriage?”
“That is a lie!” ejaculated Felkin.
“What is a lie?” queried the other, quietly.
“She has not accepted you—and you know it. You are trying to
keep me away from her—arrogating rights which you do not
possess. Give her up, man, give her up. It will be best for you. She
will listen to me—I can win her all right—but you must stand aside for
me this time. Take the word of a desperate man for it, Baddock. It will
be best for you to give her up.”
Silence reigned in the wood for a few moments, and then we
heard Philip Baddock’s voice again, but he seemed to speak more
calmly, almost indifferently, as I thought.
“Are you going now?” he asked. “Won’t you come in to dinner?”
“No,” replied Felkin, “I don’t want any dinner, and I have an
appointment for afterwards.”
“Don’t let us part ill friends, Felkin,” continued Philip Baddock in
conciliatory tones. “Do you know that, personally, my feeling is that
no woman on earth is worth a serious quarrel between two old
friends, such as we have been.”
“I’m glad you think so,” rejoined the other drily. “S’long.”
The cracking of twigs on the moss-covered ground indicated that
the two men had parted and were going their several ways.
With infinite caution, and holding my hand tightly in hers, my dear
lady made her way along the narrow path which led us out of the
wood.
Once in the road we walked rapidly, and soon reached our garden
gate. Lady Molly had not spoken a word during all that time, and no
one knew better than I did how to respect her silence.
During dinner she tried to talk of indifferent subjects, and never
once alluded to the two men whom she had thus wilfully pitted one
against the other. That her calm was only on the surface, however, I
realised from the fact that every sound on the gravel path outside
caused her to start. She was, of course, expecting the visit of Mr.
Felkin.
At eight o’clock he came. It was obvious that he had spent the
past hour in wandering about in the woods. He looked untidy and
unkempt. My dear lady greeted him very coldly, and when he tried to
kiss her hand she withdrew it abruptly.
Our drawing-room was a double one, divided by portière curtains.
Lady Molly led the way into the front room, followed by Mr. Felkin.
Then she drew the curtains together, leaving me standing behind
them. I concluded that she wished me to stay there and to listen,
conscious of the fact that Felkin, in the agitated mood in which he
was, would be quite oblivious of my presence.
I almost pitied the poor man, for to me—the listener—it was at
once apparent that my dear lady had only bidden him come to-night
in order to torture him. For about a year she had been playing with
him as a cat does with a mouse; encouraging him at times with
sweet words and smiles, repelling him at others with coldness not