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HISTORY O F FORMER

only passed by a vote of 46 to 40. Neither this act nor the third, however, were enforced, it being left to the discretion of the President to do so or not. They served, nevertheless, the good effect of starting from our shores three ships' loads of Frenchmen, whose presence in America had given great offence. Among the number was Volney, the revolutionist and infidel.

June 26th, 1798, Mr. Lloyd, of Maryland, introduced the Sedition law to Congress. After various amendments and much opposisition, it passed. It provided: First, that it is a high misdemeanor, punishable by fine, not exceeding five thousand dollars, for any persons to conspire against the government of the United States to impede the operation of the law, or to commit, advise or attempt to procure any insurrection, riot, unlawful assembly or combination. The second section subjected to a fine, not exceeding two thousand dollars, the publishing of any false, scandalous or malicious writings against the government of the United States, or either house of Congress, or the President, with intent to defame them or bring them in disrepute, or to excite against them the hatred of the people of the United States, or to stir up sedition, or to excite any unlawful combination for opposing any law of the United States, or to encourage any hostile designs of any foreign nation against the "United States. The act was to continue in force until June 25th, 1800.

These acts called forth the most determined opposition from the "anti-Federalists," who regarded them as unconstitutional and highly offensive. As the Alien law was not enforced, and as the Sedition law terminated by limitation in less than two years, it is evident that it was not the laws themselves which offended so much, as the principle involved. They gave occasion, therefore, for Jefferson's celebrated "Resolutions of '98," introduced by George Nicholas, into the Kentucky Legislature. The original draft of these resolutions, in Jefferson's own hand-writing, is yet preserved. As introduced by Nicholas, however, some of its more objectionable sections were mcdified.

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created a general government for special purposes, each State reserving to itself the residuary mass of power and right, and that, as in other cases of compact between parties, having no common judge, each party has an equal right to judge for itself, as well as of infractions as of the mode and measure of redress. Then followed five resolutions, practically applying to the acts of the last Congress-this alleged right of the States to judge of infractions and their remedy, not merely as a matter of opinion, but officially and constitutionally as parties to the compact, and as the foundation of important legislation. These three acts were severally to punish counterfeiters of bills of the United States Bank, the Sedition Law and the Alien Law— all of which, for various reasons assigned, were successively pronounced "not law, but altogether void and of no force." The Senators and members of Kentucky were directed to lay these resolutions before the two Houses of Congress, and the Governor was also instructed to transmit the resolutions to the legislatures of the several States, to whom an earnest appeal was made for a concurrence with Kentucky in requesting the repeal of the obnoxious laws, and declaring them void and of no force. This was the shape in which, with only two or three dissenting votes, the resolutions passed the Kentucky Legislature on the 14th of November, 1798.

The same sentiments were embodied in resolutions introduced by Madison to the Virginia Legislature, Dec. 24th, 1798. A month later they were sent out to the several States accompanied by an address.

All however ended here. None of the States responded favorably to the resolutions; but, on the contrary, Maryland, Delaware, Pennsylvania, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, New Hampshire and Vermont disavowed the doctrine set up of a right in the State Legislatures to decide upon the validity of acts of Congress. The reply of Massachusetts likewise maintained the constitutionality of the Alien and Sedition laws as being justified by the exigency of the moment, and the power of Congress to provide for the common defence.

The original draft began with a resolution that the Federal Government is a compact Mr. Everett says:-"But the resolutions between the States, as States, by which is did their work-all they were intended or

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expected to do by shaking the administra-
tion. At the ensuing election, Mr. Jefferson,
at whose instance the entire movement was
made, was chosen President by a very small
majority; Mr. Madison was placed at the head
of his administration as Secretary of State;
the obnoxious laws expired by their own
limitation; and Mr. Jefferson proceeded to
administer the Government upon constitu-
tional principles quite as lax, to say the least,
as those of his predecessors."

ing that the Federalists should pass from power rather than contribute one vote to the election of a person as base as Burr. That opposition defeated the ambitious aspirant, and Hamilton paid the penalty of his life for the part he had acted. Burr challenged him to mortal combat, and, by avoiding every possibility of a settlement, forced the unwilling Hamilton to place his body as a target for the unerring weapon of his implacable adversary. They met July These resolutions we have referred to at 11th, 1804. Burr took most deliberate aim seemingly unnecessary length; but, as they and shot his antagonist. Hamilton did not contain the germ of all the ideas since ad- fire at all, as he proposed, though his pistol vanced of the right of a State to interpret-exploded from the convulsive motion of his to adopt or nullify-the laws of Congress, finger on the trigger when Burr's ball struck they deserve especial attention. They were his bosom. Burr fled, and the execrations of simply acted upon and repeated by the trai- | a nation followed him. He sought a brief torous Hartford Convention-were simply reproduced by South Carolina in her Nullification Ordinance of 1832, and put in practice by the revolutionists of 1860, as will be shown.

residence, "until the storm should pass over," in the Southern States, where a successful duelist ever has a passport to public and private favor. From thence he journeyed back to Washington to preside over the Senate. In Virginia he had a most enthusiastic public

THE CONSPIRACY OF AARON BURR, reception. At the same time two warrants

1806-7.

were out for his arrest as a murderer, one in New York and one in New Jersey. At Wash

Aaron Burr came within one vote of being ington he was received, Parton* says, with

the Democratic President of the United States.

His competitor, Jefferson, finally obtained the
casting vote of Mr. Bayard, Federalist, of De-
laware. He thereupon became President, and
Burr Vice-President. The history of that
seven days balloting is one of the most re-
markable episodes in that day of intrigues, of
plots and counterplots. It shows Burr to have
been a subtle, unscrupulous and perfectly im-
mobile man-one well fitted for "stratagems,
treasons and spoils." Burr served the one
term with ability, plotting a stroke for the
Presidency. But, the Democracy found rea-
son to distrust him, and named George Clin-
ton, of New York, as their candidate for Vice-
President Mr. Jefferson standing for his
second term as Chief-Magistrate. Burr, not
to be thwarted, and hoping to heap confusion
upon his opponents, avowed himself an inde-
pendent candidate for the Gubeanatorial
chair of New York, and would have defeat-
ed opposition had he not been so thorough-
ly distrusted. Alexander Hamilton cast his
great influence against the intriguer-prefer-

more deference than usual. The President, he says, even gave one or two appointments to his (Burr's) friends-one, General Wilkinson, being made Governor of the Territory of Louisiana. He sought to make good use of this appointment afterward, but eventually found a betrayer in him whom he had sought to promote.

The summer of 1805 Burr spent in the West and South, in quest of a new home where his energies might find full play. If he had conceived any definite plan of revolution, at that time, it is not known. The summer was passed merely in observation and visiting, from Pittsburg all along the river down to New Orleans, making two visits to Nashville, Tenn. At all places he was the welcomed guest of leading men, and, profiting by their knowledge and influence, gained such information as he desired in regard

* See Parton's Life of Burr, chapter XVI. Also, Randall's Life of Jefferson, Vol. II. Chap. IX.

HISTORY OF FORMER

CONSPIRACIES.

9

During the entire summer of 1806 the West teemed with reports of Burr's designs upon the South; but, notwithstanding many men were in his service as soldiers and assistants, and that boats lay at Marietta loaded with provisions and military stores, none knew aught of the destination of the expedition— not even the men embarked in it! Gen. Wilkinson alone appeared to be in the secret. With him Burr was in constant correspondence, in cypher; but Wilkinson, in his labored defence against the charges of complicity with Burr, denied any knowledge of his real designs until at a late period, when he immediately divulged them, and aided Government, by his duplicity and his fears, to arrest the adventurer.

to the resources and population of the country as well as of the feeling of the people toward the Union and toward Spain, then still in possession of the country lying west of the Mississippi. During the fall of 1805 he returned to Washington, and was well received, being dined by Mr. Jefferson. He spent the winter in Washington and Philadelphia; but, what | he was doing is not fully known further than what was afterwards betrayed by Gen. Eaton, then recently returned from the Mediterranean. To him he divulged the fact of his contemplated expedition against Mexico, and thus secured a promise of his co-operation. He also developed a project for revolution izing the Western country, establishing a monarchy, organizing a force of ten or twelve thousand volunteers, and, finally, securing the In the fall of 1806 the "Monarch of an unco-operation of the marine corps at Washing-defined realm" was arrested in Kentucky, by ton and gaining over Truxton, Preble, Deca-order of government; and, through the vigitur and others; he then intended to turn lance of that remarkable man, Col. Joe DaCongress out of doors, assassinate the Presi- viess, was brought to trial. Henry Clay acted dent, seize on the Treasury and Navy, and for the defence, upon the solemn assurance of declare himself the Protector of an energetic Burr that he meditated no enterprise or act government. It is to be doubted, however, contrary to the laws and the peace of the if these really were well concerted plans of land. By hastening the trial ere important Burr. He doubtless adverted to them as witnesses could be produced, Burr was acquitwhat might and ought to be. They prove, ted. Joe Daviess opposed the tide of public at most, that the fertile brain of the conspi- sentiment in prosecuting Burr, but his sagarator was meditating some grand enterprise, city was not to be deceived--he read in the worthy even of his master skill. Eaton, it is adventurer's very eyes his subtle and dansaid, was satisfied that his friend was a dangerous nature; and, though he failed to congerous man. He accordingly waited upon the President, and made a partial revelation of the facts, suggesting the propriety of appointing Burr to some foreign mission to "keep him out of mischief."

In 1806 Burr again went West, making his head-quarters at Blannerhassett's Island, in the Ohio River, a few miles below Marietta. The owner of the island, a reckless and rather shiftless Irishman, had become a partner in the "enterprise" to the extent of embarking his entire fortune-in what? He confesses he did not know, only that, by floating down the Mississippi, he was to float into prosperity, and Lady Blannerhassett was to become more than a lady. It was proven, on their trial in Richmond, that the too-credu lous Irishman never knew that he had committed or was to commit treason against the Government of the United States.

vict, and injured his own personal popularity greatly by the determined character of the prosecution-persecution it was called by Clay-he had the satisfaction of seeing all his prophecies, regarding the man, fully ve| rified.

After acquittal, Burr hastened from Frankfort to the Ohio river, and passed down stream with his flats and companionsin-adventure-among whom were Blannerhassett and his wife. But a few days after his departure Jefferson's proclamation, denouncing the expedition, was received at Frankfort-much to Clay's mortification and Daviess' regret. The boats still at Marietta were seized, and Blannerhassett's island was occupied by United States militia; but Burr had escaped down the Mississippi.

In January, 1807, the flotilla of Burr arrived at Bayou Pierre, on the Lower Missis

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sippi. He was there seized by the Governor of Mississippi, but managed shortly after to effect his escape. A reward of two thousand dollars was offered for his apprehension, and many arrests were made of his supposed accomplices. The narrative of his arrest is as follows:-"About the 1st of Feb., late at night, a man in the garb of a boatman, with a single companion, arrived at the door of a small log-cabin in the backwoods of Alabama. Col. Nicholas Perkins, who was present, observed by the light of the fire that the stranger, though coarsely dressed, possessed a countenance of unusual intelligence, and an eye of sparkling brilliancy. The tidy boot, which his vanity could not surrender with his other articles of finer clothing, attracted Perkins' attention, and led him truly to conclude that the mysterious stranger was none other than the famous Colonel Burr. That night Perkins started for Fort Stoddart, on the Tombigbee, and communicated his suspicions to the late General Edmund P. Gaines, then the lieutenant in command. The next day Gaines, with a file of soldiers, started in pursuit of Burr and arrested him on his journey. Burr attempted to intimidate his captor; but the young officer was resolute, and told him he must accompany him to his quarters, where he would be treated with all the respect due the ex-Vice-President of the United States. In about three weeks Burr was sent to Richmond, Va., under a special guard selected by Colonel Perkins, upon whom he could depend in any emergency. Perkins knew the fascinations of Burr, and fearing his familiarity with the men—indeed, fearing the same influences upon himself-he obtained from them the most solemn pledges that they would hold no interviews with the prisoner, nor suffer him to escape alive.

where he was soon after tried for treason and misdemeanor, the trial commencing May 22d, 1807. This trial, was one of the most remarkable which ever transpired on this continent. Chief Justice Marshall, "the Washington of the bench," presided over the court. The legal talent engaged embraced such names as those of Wirt, for the prosecution, and Luther Martin and Edmund Randolph, for the defence. Fourteen days were spent in getting a jury. Nine days were exhausted in arguments on the inadmissibility of indirect evidence, in which Burr's astonishing tact was too much for his opponents. The trial for treason ended August 29th. The Chief Justice charged the jury September 1st, and, in a few moments, the verdict came in, in irregular and equivocal shape, not guilty.

The trial for misdemeanor then proceeded, and ended, in October, by acquittal, on the ground that the offense was committed in Ohio-therefore, that Virginia had no jurisdiction.

Thus released, Burr fled-none knew whither, except his few friends. Liable to be carried to Ohio for further trial-to be tried in New York and New Jersey for murder-he could only escape by secretly leaving the country. All the winter of 1807-8 he was kept secure from discovery, and, in June, 1808, passed over to England as G. H. Edwards.

THE HARTFORD CONVENTION CONSPIRACY, 1814.

The Embargo act of 1809 gave intense dissatisfaction in Massachusetts. At that time that State had a heavy interest at sea, and the embargo affected her commerce disastrously. Many leading loyal men of the State pronounc

"In their journey through Alabama they always slept in the woods, and, after a hastily prepared breakfast. it was their custom to re-ed the act to be unconstitutional. A large mount and march on in gloomy silence. Burr was a splendid rider, and in his rough garb he bestrode his horse as elegantly, and his large dark eyes flashed as brightly, as if he were at the head of his New York Regiment."

After a number of interesting adventures Perkins and his prisoner reached Richmond,

meeting in Boston declared the act arbitrary and unconstitutional, and that all who assisted in carrying out the law should be regarded as enemies of the State and as hostile to the liberties of the people. To aggravate the evil feeling there appeared, in the New Eng land States, one John Henry, whose mission, it eventually became apparent, was to foment

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the excitement into open rupture against the Federal Government. Madison, in his special message to Congress, said of him:-"He has been employed as a secret agent of the British government in the New England States in intrigues with the disaffected, for the purpose of bringing about resistance to the laws, and eventually, in concert with a British force, of destroying the Union and forming the eastern part thereof into a political connection with Great Britain." He was in correspondence with parties in Canada, and was known to maintain intimate relations with some of the leading malcontents in Boston and other New England cities. He intrigued and plotted beyond the power of Government to arrest "a subject of the British crown."

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was not less hostile to the general government. Her Legislature refused to Captain Lawrence, afterwards of the ill-fated Chesapeake, a vote of thanks for his capture of the Peacock, believing, in the language of the resolution, "that in a war like the present, waged without justifiable cause, and prosecuted in a manner indicating that conquest and ambition were its real motives, it was not becoming a moral and religious people to express any approbation of military and naval exploits not directly connected with the defence of our seacoast and soil.' At the same time the people of the New England States began to cry out for 'a separate peace.' The Vermont militia were withdrawn from the field, and on a proposition being made in Congress to proseThe declaration of war against Great Brit- cute the Governor for this act, Harrison Gray ain, June 18th, 1812, brought the excitement Otis laid on the table of the Massachusetts to its climax. A "Peace Party" was formed Senate a resolution, expressive of the duty of in New England, pledged to offer all possible his State to aid with her whole power the opposition to the war. Taxes to support Governor of Vermont in support of her conState levies of militia were not readily assess-stitutional rights, by whomsoever infringed." ed nor easily collected. The New England The spirit of opposition went so far in ConStates were so backward in sending their quotas and supplies to the field that, for much of the time, the army on the Northern frontier was in a powerless condition. The United States treasury was in a distressed condition. The banks throughout the country, except those of New England, had suspended specie payment. Everything betokened a weak government, and a want of confidence and harmony among the States.

A late writer says:—"During the year 1814 the situation of the New England States was. in the highest degree critical and dangerous. The services of the militia for two years had been extremely severe, and the United States had been compelled to withhold all supplies for their sustenance, and throw upon the States the burden of supporting the troops which defended their coast from invasion and their towns from pillage. Congress gave the command of this militia to the officers of the regular army. To this the Governors of Massachusetts and Connecticut refused to submit, and the authorities of the latter State passed a law for raising a provisional army of 2,000 for 'special State defence,' of which one of her own citizens was made the commander. The course of Massachusetts in other respects

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necticut that the enemy's vessels, which lay off the harbor of New London to intercept Decatur's frigates, were advised by blue lights on the hills, of the movements of the American ships. This incident gave rise to the expression-"Blue-light Federalists,” which became a term of opprobrium for the opponents of the war.

The State Legislatures of Massachusetts, Connecticut, Vermont, &c., passed laws forbidding the use of their jails by the United States for the confinement of prisoners, committed by any other than judicial authority, and directing the jailors at the end of thirty days to discharge all British officers, prisoners of war, committed to them. The President, however, applied to other States of the Confederacy for the use of their prisons, and thus the difficulty was in a measure obviated.

This opposition of course met with the sharpest recrimination from the Central and Southern States of the Union, which, generally, supported the war policy of the Government. Anathema and invective were freely bestowed upon the “Yankees,” and, as a natural result, the friendly feeling of the New Englanders did not wax warmer toward their confederates. Action, long threatened, final

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