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ing admirer of it as not to perceive it is tinctured with some real, though not radical defects."

Pending discussion of the merits and demerits of the new Constitution, two great parties sprang into full and spirited life, viz.: the "Federalists," sustained by Washington, and led by John Adams and Hamilton; and the "anti-Federalists," who afterwards as

IF, as Mr. Alexander H. Stephens asserts, our government is "one of the most beneficent the world has ever known," it has not escaped the fortunes incident to all governments-of fierce opposition and attempted revolutions. The Constitution of the Union was not adopted without extraordinary manifestations of opposition in the Convention, in Congress, in State Legislatures, and among the people. It was regarded in the various lights of "an ex-sumed the more distinctive appellation of periment," a "consolidated tyranny," a "centralization fatal to State independence," &c. Washington said of the instrument: "There are some things in it which never did and never will obtain my cordial approbation." Patrick Henry denounced it as inimical to the liberties of the people. Franklin said, in the Convention: "I consent to this Constitution because I expect no better." The attempt to construct a consolidated government out of States, diverse in interests, each jealous of its sovereignty, was “an experiment ;" and Washington's expression of surprise, that any arrangement had been made, was justified by the result eventually achieved in the adoption of the Federal compact. He said: "It appears to me little short of a miracle that the It is not, therefore, a matter of surprise that delegates from so many States, different from a government, ordained under such discordeach other in their manners, circumstances ant circumstances, should have retained some and prejudices, should unite in forming a sys- of its elements of discord, nor that each genetem of national government so little liable to ration should witness violent opposition, if well-founded objections;" uttering, however, not actual resistance, to the Constitution and in the same paragraph, his own qualified ac- the Laws, both by individuals and by States. ceptance of the instrument:-"Nor am I yet It is to be doubted, indeed, if the Federal Br an enthusiastic, partial or indiscriminat- Government would have succeeded as a go

"Democrats," under the leadership of Thomas Jefferson, Aaron Burr, and others. The differences between those two parties were those of quality rather than of kind. Both wanted a Republican form of government; both favored a Union; both had in view the best mode of developing the vast resources of the country; both sought to guard the interests of the people; and it was the intense patriotism of both parties which rendered them such bitter partisans. Each sought to prove the other an enemy to good government; and, failing to reconcile their respective ideas, they became as irreconcilable in their animosities as the Whigs and Tories of the Revolution.

Upon the assumption, by the Federal Government, of the debts incurred by the States in the War for Independence, it became necessary to provide for the interest, and gradual liquidation of the principal, of that debtmaking $826,000 to be added to the annual tax list in support of the Federal Govern

vernment had it not been for the necessity of which were suppressed by force; but they enforcing its authority, thus proving its pow-sprung out of disorders consequent upon a ers and strength. The vigilance and bitter- want of law rather than of defiance to it. We ness of parties made their supporters ever name above the Missouri Compromise trouwatchful to reap advantages from the errors bles of 1820. Though not of the nature of a and weaknesses of their antagonists; hence, rebellion they still threatened the perpetuity the administers of the laws were sedulously of the Government, and merit a prominent careful to execute their trusts with fidelity place in any political history of the country. and wisdom, even though the motive might That agitation was the parent of those which be the selfish one of maintaining a political followed, wherein the questions of Free and supremacy. An apathy or indifference to- Slave territory were paramount; and the hyward the government would have proved dra then appeased by "compromise" became its ruin, and have paved the way for a Mo- the dragon of secession and revolution in narchy, or for a series of State independencies 1860. alike fatal to their political and moral prosperity. Party spirit, political rancors, public THE WHISKEY INSURRECTION, 1791-4. antipathies, unpleasant as they are to contemplate singly, are, nevertheless, the great regulators of the law, and, as such, are actually desirable. Washington said of party spirit: "It is a fire not to be quenched; it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume." That "uniform vigilance" is the price of our liberties; so long as it is ex-ment. This sum, Alexander Hamilton, then ercised by our public administrators, and by the people, we are safe-when it is abated, our liberties and government are in danger. Opposition to the Government generally has resulted in nothing more than a war of words, with the ballot-box for umpire. Actual resistance to the arm of the law, so as to require force in its suppression, has been comparatively unfrequent; yet, such instances are numerous enough to prove not only that we have a Government capable of sustaining itself, but, also, that the peculiar freedom guaranteed to all may engender combinations inimical to law and order. Such we may name: THE WHISKEY INSURRECTION, 1791-4. THE ALIEN AND SEDITION EMEUTE, 1798. AARON BURR'S CONSPIRACY, 1806-7. THE HARTFORD CONVENTION CONSPIRACY, 1814. THE MISSOURI COMPROMISE AGITATION, 1820-22. THE INDIAN REBELLION IN GEORGIA, 1825. THE SOUTH CAROLINA NULLIFICATION REBELLION, 1831-2.

DORR'S RHODE ISLAND REBELLION, 1842.
THE KANSAS-NEBRASKA IMBROGLIO, 1854-58.
THE UTAH TROUBLES, 1858-59.
THE SECESSION REVOLUTION, 1860-61.

Several uprisings, or rebellions, occurred prior to the adoption of the Constitution,

Secretary of the Treasury, proposed to raise by an "excise" tax on distilleries, and by additional duties on imported liquors. In confirmation of the Treasurer's recommendation, the Congress of 1791-92 enacted laws imposing upon all imported spirits a duty varying from twenty to forty cents a gallon. The excise to be collected on domestic spirits varied, with their strength, from nine to twenty-five cents per gallon on those distilled from grain, and from eleven to thirty cents when the material was molasses or other imported product, thus allowing a considerable discrimination in favor of the exclusively home product. For the collection of these duties each State was made an inspection district, with its supervisor, and each district was subdivided into surveys of inspection, each with its inspector. All distillers were required to enter their distilleries at the nearest office of inspection, with a complete description of all the buildings, which buildings were to be subject to the constant examination of an inspector appointed for that purpose, who was to guage and brand the casks, the duties to be paid before the removal of the spirits from the distillery. But, to save the expense and trouble

HISTORY OF FORMER

to both parties of this constant oversight, the small country stills not situated in any town or village, were to pay an annual rate of sixty cents per gallon on the capacity of the still. All casks containing spirits not properly branded and certified were liable to forfeiture. Pennsylvania at that time manufactured great quantities of whiskey. Indeed, it was manufactured liberally by all the States, and became so common as a beverage as to be regarded one of the actual necessaries of life. Its tax, and consequent enhancement of cost to the consumer, created as much feeling as if flour and bacon were to become agents in replenishing an exhausted treasury. But, in Pennsylvania, west of the Alleghany mountains, the excitement soon assumed the tone of a menace. In that particular section the chief grain grown was rye, which, in the shape of whiskey, could be transported to the East and be exchanged for every needed commodity. Whiskey thus became a kind of currency. To tax it was regarded as an arbitrary assumption which it was as just and necessary to repudiate as to resist the tea and stamp tax imposed by the British Parliament.

CONSPIRACIES.

government saw the seeds of a powerful insurrection. But, the law must be sustained and the resistants punished; otherwise all law would be at an end, and any armed mob might defy the acts of Congress.

A modification of the law was made, by the exertions of the timid, who thought it better to compromise matters than to resort to force. It was in vain; and Western Pennsylvania successfully resisted the collection of the tax, up to July, 1794. Government then saw the necessity of enforcing the law and of arraigning the malcontents, or else of confessing its weakness to meet rebellion. Thirty warrants were placed in the hands of the United States Marshal, against offending distillers. All save one were successfully served, by the aid of a posse of armed men, under the guidance of the District Inspector, Gen. Neville. This one met the posse by an arm ed resistance. His men fired upon the officers and compelled them to fly for their lives. Neville secured a squad of troops to guard his house, but it was attacked and burned down-the General escaping down the river to Marietta, then crossing over the country to Philadelphia, to make known the true state of affairs to the President.

This feeling became so general that, in the four western counties of the State named, combinations were entered into by the distil- This success gave the insurrectionists a lers and the people to resist, by force, the col-clear field. They proceeded to extremes in lection of the tax. The first step was to warn their violence against all who upheld the away the collectors; next, to forbid the in- law. The mail was robbed and letters were spectors from entering any distillery, public read to obtain evidence of complicity with or private.* Indignities were, consequently, government, on the part of citizens. The infreely visited upon the "minions of the law." surgents summoned the militia, and seven Johnson, collector for Alleghany, was seized, thousand men answered the call. Col. Cook, shaved, tarred and feathered, and driven out- one of the Judges of Fayette County, was side of his district. An inspector named Wil- made President of this "assembly of citi son, who had resolved to do his duty, was seized zens," and Albert Gallatin (afterwards one of in his own house one night, by men in dis- the most eminent men in the country) was guise, borne to a blacksmith shop, branded chosen Secretary. Gallatin prepared an ad on both cheeks by a red hot iron, coated with dress which embodied the sentiments of the tar and feathers, and ordered to leave the "still loyal people" who were in arms to " recounty. The terror inspired by these and sist a lawless invasion of their rights." A other outrages, caused much alarm through- major-general was elected, who proceeded at out the entire country. In it friends of the once to drill the troops and to prepare for fur ther operations.

* It is estimated that, in Pennsylvania alone, there were five thousand distilleries, great and small! Great numbers of farmers manufactured their grain into spirits and wagoned it over the mountains to exchange for supplies.

Washington, now thoroughly convinced that further temporising with the wrong was inexcusable, issued his proclamation requiring the insurgents to disperse, and those opposing the laws to desist. This effected nothing,

when he issued a second, calling upon the | tensified their lawless course towards our commerce and ministers. Their organ, the Aurora, of Philadelphia, and its "anti-Federal" echoes throughout the country, became excessively insolent toward the "Federals," going so far in their malignant endeavors to excite the country against the party, as to heap lampoons even upon Washington's head. The French Directory refused to receive our minister, Mr. Pinckney, and left no means untried for mortifying our representatives and for crippling our energies at home and abroad.

States of Virginia, Maryland, New Jersey, and Pennsylvania for 13,000 troops to suppress the rebellion.* This was the beginning of the end. The insurgents, apparently appalled by the President's well understood purpose to arrest and hang every man found in arms, called a Convention at Parkinson's Ferry, and there adopted resolutions of entire submission. The troops proceeded to the seat of trouble, under command of Gov. Lee, of Virginia, when the excise officers entered, with but occasional signs of opposition, upon their duties. Lee proclaims an amnesty, and the matter ended by Pennsylvania whiskey contributing essentially to enhance the revenues of the country.

THE ALIEN AND SEDITION
EMEUTE, 1798.

During the administration of John Adams the country was visibly affected by the French Revolution, whose terrible tragedy was then being enacted. It created, in America, a strong party, in sympathy with the revolutionists, notwithstanding the French Directory had, with reckless impudence, preyed upon our commerce, insulted our foreign agents, and refused liquidation for authenticated claims. Jefferson was, from his long residence in France, and his strong sympathy with the ultra-democratic idea, the virtual leader of the sympathisers in this country. Running for the Presidency he was beaten by Adams. This was construed by the French as a non-recognition, by this country, of their new government; they therefore rather in

It was not until February 28th, 1795, that Congress passed the act to empower the President to call out troops in certain emergencies, under which law Mr. Lincoln acted in 1861. Washington really exceeded his authority; but, Congress not being in session for the moment, he was compelled to act and look to the people and to Congress for his justification. Congress justified him by the passage of the act referred to, which was then designed to meet all such cases of danger occurring during the adjournment of the Legislative Body. Mr. Lincoln, in availing himself of that act, did not exceed its powers in calling 75,000 men" to suppress said combinations and to cause the laws to be duly respected."

Adams and the Federalists wished, from the first, to preserve a neutrality in regard to the wars in Europe; but, the violence of the French sympathisers here, and the continued persecutions of our commerce by the French, left no alternative, apparently, but to resent not only French indignities, but also to place the large number of foreign malcontents, seeking by their immeasurable libels to stir up sedition, under the restraints of law.

Acting under the impulses of the prevailing excitement, against this revolutionary foreign element, the question was raised whe ther the safety of the country did not demand that such foreign residents in the United States as were known to give aid to external enemies should not be banished; while, to protect the President, Congress, and public officers from the atrocious falsehoods and libels put forth day by day, it was proposed to pass a Sedition law which should meet the

case.

The question was finally met in Congress by the passage of three acts.

The first was an amendment to the naturali

zation act, extending the previous residence to fourteen years, and requiring five years previous declaration of intention to become a citizen. A register was also kept of all aliens resident in the country.

A second act, limited to two years, gave the President authority to order out of the country all such aliens as he might deem dangerous to the peace and safety of the United States.

By a third act, in case of declaration of war all natives or citizens of the hostile nation

were liable to be apprehended or removed.

These acts produced extreme excitement. The second, familiarly called the Alien Act, was strenuously opposed in the House, and

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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 mc dified.

The original draft began with a resolution that the Federal Government is a compact between the States, as States, by which is

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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 Lawall 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.

Mr. Everett says:-"But the resolutions did their work-all they were intended or

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