election. About the same time, I called on Mr.
Adams. We conversed on the state of things.
I observed to him, that a very dangerous experiment
was then in contemplation, to defeat the Presidential
election by an act of Congress declaring the right
of the Senate to name a President of the Senate, to
devolve on him the government during any interregnum:
that such a measure would probably produce resistance
by force, and incalculable consequences, which it
would be in his power to prevent by negativing such
an act. He seemed to think such an act justifiable,
and observed, it was in my power to fix the election
by a word in an instant, by declaring I would not turn
out the federal officers, nor put down the navy, nor
spunge the national debt. Finding his mind made
up as to the usurpation of the government by the President
of the Senate, I urged it no further, observed, the
world must judge as to myself of the future by the
past, and turned the conversation to something else.
About the same time, Dwight Foster of Massachusetts
called on me in my room one night, and went into a
very long conversation on the state of affairs, the
drift of which was to let me understand, that the
fears above mentioned were the only obstacle to my
election, to all of which I avoided giving any answer
the one way or the other. From this moment he
became most bitterly and personally opposed to me,
and so has ever continued. I do not recollect
that I ever had any particular conversation with General
Samuel Smith on this subject. Very possibly I
had, however, as the general subject and all its parts
were the constant themes of conversation in the private
tete-a-tetes with our friends. But certain I am,
that neither he nor any other republican ever uttered
the most distant hint to me about submitting to any
conditions, or giving any assurances to any body;
and still more certainly, was neither he nor any other
person ever authorized by me to say what I would or
would not do.
*****
*****
[The following official opinion, though inadvertently
omitted in its proper place, is deemed of sufficient
importance to be inserted here.]
The bill for establishing a National Bank, undertakes,
among other things,
1. To form the subscribers into a corporation.
2. To enable them, in their corporate capacities,
to receive grants of land; and so far, is against
the laws of Mortmain.*
* Though the constitution controls
the laws of Mortmain, so far as to permit Congress
itself to hold lands for certain purposes, yet
not so far as to permit them to communicate a similar
right to other corporate bodies.
3. To make alien subscribers capable of holding
lands; and so far, is against the laws of Alienage.
4. To transmit these lands, on the death of a
proprietor, to a certain line of successors; and so
far, changes the course of Descents.
5. To put the lands out of the reach of forfeiture
or escheat; and so far, is against the laws of Forfeiture
and Escheat.