Speech of Mr. Bayard, on the Bill Received From the Senate, Entitled "an Act to Repeal Certain Acts Respecting the Organization of the Courts of the ... Feb; 19, 1802 (Classic Reprint)
(Excerpt from Speech of Mr. Bayard, on the Bill Received F...)
Excerpt from Speech of Mr. Bayard, on the Bill Received From the Senate, Entitled "an Act to Repeal Certain Acts Respecting the Organization of the Courts of the U. States": Delivered in the House of Representatives, Feb; 19, 1802
Bilkel'y to pursue, the time will soon ar1ive, when our citizens ahroad will he hshar'ned to acknowledge their country.
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Remarks in the Senate of the United States, January 11, 1855, Vindicating the Late James A. Bayard
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Executive Usurpation: Speech of Hon. James A. Bayard, of Delaware, in the Senate of the United States, July 19, 1861
(This book was originally published prior to 1923, and rep...)
This book was originally published prior to 1923, and represents a reproduction of an important historical work, maintaining the same format as the original work. While some publishers have opted to apply OCR (optical character recognition) technology to the process, we believe this leads to sub-optimal results (frequent typographical errors, strange characters and confusing formatting) and does not adequately preserve the historical character of the original artifact. We believe this work is culturally important in its original archival form. While we strive to adequately clean and digitally enhance the original work, there are occasionally instances where imperfections such as blurred or missing pages, poor pictures or errant marks may have been introduced due to either the quality of the original work or the scanning process itself. Despite these occasional imperfections, we have brought it back into print as part of our ongoing global book preservation commitment, providing customers with access to the best possible historical reprints. We appreciate your understanding of these occasional imperfections, and sincerely hope you enjoy seeing the book in a format as close as possible to that intended by the original publisher.
Mr. Bayard's Speech, Upon His Motion to Amend the Resolution Offered by Mr. Giles, by Stricking Out That Part Which Is in Italics: Delivered in the ... Tuesday, February, 14, 1809 (Classic Reprint)
(Excerpt from Mr. Bayard's Speech, Upon His Motion to Amen...)
Excerpt from Mr. Bayard's Speech, Upon His Motion to Amend the Resolution Offered by Mr. Giles, by Stricking Out That Part Which Is in Italics: Delivered in the Senate of the United States, Tuesday, February, 14, 1809
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About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
(This book was originally published prior to 1923, and rep...)
This book was originally published prior to 1923, and represents a reproduction of an important historical work, maintaining the same format as the original work. While some publishers have opted to apply OCR (optical character recognition) technology to the process, we believe this leads to sub-optimal results (frequent typographical errors, strange characters and confusing formatting) and does not adequately preserve the historical character of the original artifact. We believe this work is culturally important in its original archival form. While we strive to adequately clean and digitally enhance the original work, there are occasionally instances where imperfections such as blurred or missing pages, poor pictures or errant marks may have been introduced due to either the quality of the original work or the scanning process itself. Despite these occasional imperfections, we have brought it back into print as part of our ongoing global book preservation commitment, providing customers with access to the best possible historical reprints. We appreciate your understanding of these occasional imperfections, and sincerely hope you enjoy seeing the book in a format as close as possible to that intended by the original publisher.
James Asheton Bayard was an American lawyer and politician, who served as U. S. Representative from Delaware and U. S. Senator from Delaware.
Background
James Bayard as of old Huguenot stock, he was descended from Petrus Bayard, whose mother Anna, widow of Samuel Bayard and sister of Peter Stuyvesant, came with three children on The Princess to New Amsterdam, May 11, 1647. Petrus obtained land in New York, Pennsylvania, and Maryland, and his son Samuel in 1698 chose Bohemia Manor, Maryland, for his home. Here James, of the third generation, brought Mary Ashton, his wife, and here on August 11, 1738, the first James Ashton Bayard was born. He was a surgeon in Philadelphia until his death in Charleston, South Carolina, January 8, 1770. In 1760 he married Agnes Hodge, who on July 28, 1767, gave him a second son, James Ashton (as the name was originally spelled, although custom has fixed the modern spelling as Asheton).
Education
At the death of his father, James Ashton Bayard was placed under the guardianship of his father's twin brother, John Bayard of Philadelphia, which continued until James's graduation from Princeton College, September 29, 1784. During these fourteen years, and especially after the death of his mother in 1774, his immediate surroundings did much to determine the young man's future. His education was essentially conservative, whether at Piqua in Lancaster County from his uncle, at Princeton, or in the circle of Pennsylvania society in which he moved. Upon the completion of his college work he studied law with Joseph Reed and after 1785 with Jared Ingersoll, each of whom strengthened the conservative tone of his earlier training.
Career
James Bayard was admitted to the New Castle bar in August 1787, and at Philadelphia in September, and began the practise of his profession at Wilmington the same year, he was welcomed as a useful member of the Federalist party. And when on February 11, 1795, he married Ann, daughter of Chief Justice Richard Bassett of Delaware, he acquired an important political and social position among the Federalist leaders. The election of 1796 demonstrated Bayard's vote-getting ability in Delaware, sending him to the House of Representatives, which he entered May 15, 1797. An excellent opportunity to demonstrate his strength came soon after he had taken his seat.
On July 3, 1797, Adams sent Congress a message and papers disclosing a plan of certain United States citizens to aid Britain in seizing Spanish territory in Louisiana. Earlier fears of a British attack in this section had been brought to the notice of Timothy Pickering, secretary of state since December 10, 1795, by the Spanish, but such intentions had been denied by the British minister. Now a letter of William Blount, senator from Tennessee, to James Carey, interpreter to the Cherokee Indians, dated April 21, 1797, had come to light, involving the British minister and Blount himself in the plan. The manuscripts were laid before Congress and Blount's guilt seemed plain. No one claimed his innocence, but Gallatin and other Republicans declared that as a senator he was exempt from impeachment. The real criminal, continued Gallatin, was Robert Liston, the British minister, or President Adams, who had had "improper understandings" with him. In this crisis Bayard managed the case against Blount so ably that the latter was expelled from the Senate in July 1797.
Bayard played a decisive part in the disputed presidential election of 1800 when the decision between Jefferson and Burr, both Republicans, was thrown into the House of Representatives. The Federalists, on the principle that anyone was preferable to Jefferson, supported Burr for thirty-five inconclusive ballots. Then their leaders decided to shift to Jefferson if they could obtain from him certain assurances as to the future. Bayard's position as the most important Federalist in a border state, as well as his work for Federalist financial measures, 1798-1800, made him the most fitting negotiator for that impartial treatment desired by business interests as well as by officeholders in the National Government.
His first approach was through John Nicholas, representative from Virginia and a particular friend of Jefferson. To him Bayard stated that "if certain points of the future administration could be understood and arranged with Mr. Jefferson . .. three states would withdraw from any opposition to his election. " They sought only assurance of support for the public credit, the maintenance of the naval system, and security for minor officeholders in their government positions. "I explained, " continued Bayard, "that I considered it not only reasonable but necessary, that offices of high discretion and confidence should be filled by men of Mr. Jefferson's choice. " In the latter group he placed cabinet officers, and as examples of the former he mentioned collectors at ports of entry. He was assured by Nicholas that the points seemed reasonable, and that Jefferson with the men about him would undoubtedly be of the same opinion. Bayard replied that he "wanted an engagement, " and if this were conceded by Jefferson, "the election should be ended. " He was unable to obtain a direct promise from Nicholas, but in his deposition of April 3, 1806, he states that Gen. Samuel Smith took the same three points to the Virginian and was authorized by Jefferson "to say that they corresponded with his views and intentions and that we might confide in him accordingly. " Although no Federalist voted for Jefferson, by absence or refusing to vote "the opposition of Vermont, Maryland, South Carolina and Delaware was immediately withdrawn and Mr. Jefferson was made President by the votes of ten states" on the thirty-sixth ballot.
Shortly afterward, Bayard wrote to President Adams declining the proffered ministry to France as he would have to hold it during Jefferson's term to make it worth while, and if he did so he would be accused of having made an agreement with him. In the discussions of "the judiciary reform measure" of 1801 and its repeal, Bayard ably defended the Federalist position. The fact that his father-in-law, Richard Bassett, was one of the new judges involved, was unnecessarily invoked to explain his stand. The personal factor may have added vigor to his words, but Bayard's belief in the need for the law and in the increased importance it gave to Delaware, as well as his conviction that the repeal was "a most flagrant violation of the Constitution" and "prostrated the independence of the judicial power, " were in all probability quite genuine.
Bayard's work in the Senate began January 15, 1805, and continued until May 3, 1813. Much of his time was occupied with legal business, for while he disagreed thoroughly with the administration which "distinguishes itself only by its weakness and hypocrisy, " he was equally certain that "no Federal prescription" would ever be taken to end the "political malady" of the period. Sane and moderate in his views, Bayard strove to uphold the dignity of his country against Britain or France as readily as he opposed the fitting out of the Miranda Expedition against Spain in 1806. A stanch believer in the superior abilities of an educated leadership, he was willing to subordinate himself if he could thereby be useful.
An excellent illustration of Bayard's position was his national service under a hostile administration before and during the War of 1812. In 1808 he was willing to give Gallatin the credit of securing the renewal of the charter of the United States Bank expiring in 1811, or to join in obtaining a charter for a new one. The former was his preference, but during 1810-11 when renewal seemed impossible Bayard willingly served as chairman of the committee to secure a charter for a new institution. Defeated at this time by the vote of Vice-President Clinton, Bayard sought to keep the nation from the war into which she seemed to be drifting. He had little confidence in Napoleon's promises and saw clearly that Britain could not be coerced by commercial regulations. He therefore joined Adams in urging that United States vessels be allowed to defend themselves and was pleased when our warships did so in the skirmishes with the Barbary States. He advised Federalist agreement in defensive measures and earnest support for all acts strengthening the army and navy.
As late as May 2, 1812, Bayard hoped the fear of additional free states from conquered Canada might induce the South to favor a naval war with Britain rather than land campaigns, a hope which had an unexpected measure of fulfilment in the war which followed. During this war Bayard is said to have "helped with his own hands to build a fort almost on the site of Fort Christina, " the old Swedish fortress of 1638. Meanwhile necessity compelled the Republican leaders to abandon many of the methods used by Jefferson to obtain popularity. This brought Bayard and the President more in harmony as to the means of carrying on the war. A careful and judicious man devoted to his nation as well as to family and friends, Bayard was regarded as representing at this time both Federalist and Republican sentiment.
The death of his sister Jane, September 30, 1809, after serious mental derangement requiring much care from Bayard, allowed him more time for national service in those trying years, while his wife, who survived him until 1854, helped her husband during the war period by assuming many of the family cares. With the European crisis of 1813 and the ability of the United States to maintain her rights upon the sea demonstrated, both Britain and the United States wished peace. Adams, Bayard, and Albert Gallatin, from different sections of the country, were appointed by President Madison to represent the United States. Bayard sailed from New Castle, Delaware, on May 9, 1813. By August 1814 when the representatives of the two nations met at Ghent, Napoleon had been captured, three armies had been sent to America, and Castlereagh, British foreign secretary, was willing to show the contempt he felt for the United States.
A description of the negotiations is out of place here. Suffice it to say that eventually a treaty resulted, giving to neither party what it proposed but securing for the United States the control of the Mississippi River, eliminating from discussion certain questions which time alone could settle and others which the war itself had decided. In Bayard's opinion no power in Europe would soon disturb America again. On February 27, 1815, Bayard was nominated minister to Russia, but he declined the position as he considered his services at that court unnecessary. His diplomatic ability was recognized in 1814-15, when he was chosen to continue with Adams, Clay, and Gallatin in negotiations for a treaty of commerce with Great Britain. Ill health prevented the completion of this mission, and on June 18, 1815, Bayard sailed from England for Wilmington, where he died six days after his arrival.
Achievements
James Bayard was a well-known lawyer and politician of his time. During the War of 1812 between the United States and the United Kingdom he was appointed by President James Madison as a member of the commission to negotiate peace with Great Britain. During the negotiations Bayard went to Europe and played a major role in signing of the Treaty of Ghent that ended the War in 1814.
(Excerpt from Mr. Bayard's Speech, Upon His Motion to Amen...)
Membership
James Bayard was a member of the Federalist Party; the U. S. House of Representatives from Delaware's At-large district (1797-1803); the United States Senate from Delaware (1804-1813).
Connections
On February 11, 1795, James Bauard married Ann, daughter of Chief Justice Richard Bassett of Delaware.
