excessive fines, and cruel and unusual punishments; that the enumeration of certain rights should not be construed to deny or disparage others retained by the people; and declaring that all powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.

Each of these provisions has been the subject of contest, either in Great Britain or between her and her American colonies, and nearly every one has been either condemned or openly avoided or violated by the adversaries of the Democracy. Laws higher than the Constitution have been proclaimed as the rightful rule of action, and necessity put forth as a source of superior power. These are some of the means to which the enemies of democratic principles resort, to avoid conforming to the requirements of the Constitution. The leading features of the anti-democratic assumptions are these: The public agents elected by the people are believed to be wiser than the people themselves, and more competent to determine upon what principles laws ought to be made and public business transacted; that it is the duty of such agents so to act as to compel business to flow in certain channels, and thus to make people prosperous and happy in spite of themselves; that it is a further duty so to manage public affairs as to secure their political ascendency for all time to come, so as to be continued in their agencies, directing the people how to make themselves happy. The real theory is to compel obedience, and not to permit personal freedom. The leading acts of this antagonistic party inviolably tend to this conclusion. In the following pages we intend to illustrate these views, and demonstrate their truth. We shall endeavor to show that anti-democrats, in carrying out their principles, have frequently involved the country in embarrassment and distress. The country has only been relieved through the application of the healthful, invigorating, and benign principles of democracy. This has ever been and ever will be.

In this connection we are permitted to quote from the forthcoming "History of Democracy of the United States" the following paragraph:

"The DEMOCRATIC PARTY represents the great principles of

progress. It is onward and outward in its movements. It has a heart for action and motives for a world. It constitutes the principle of diffusion, and is to humanity what the centrifugal force is to the revolving orbs of the universe. What motion is to them, democracy is to principle. It is the soul of action. It conforms to the providence of God. It has confidence in man and an abiding reliance in his high destiny. It seeks the largest liberty, the greatest good, and the surest happiness. It aims to build up the great interests of the many, to the least detriment of the few. It remembers the past, without neglecting the present. It establishes the present without fearing to provide for the future. It cares for the weak, while it permits no injustice to the strong. It conquers the oppressor, and prepares the subjects of tyranny for freedom. It melts the bigot's heart to meekness, and reconciles his mind to knowledge. It dispels the clouds of ignorance and superstition, and prepares the people for instruction and self-respect. It adds wisdom to legislation, and improved judgment to government. It favors enterprise that yields a reward to the many, and an industry that is permanent. It is the pioneer of humanity-the conservator of nations. It fails only when it ceases to be true to itself. Vox populi vox Dei has proved to be both a proverb and a prediction."*

This work was commenced by Nahum Capen, in 1850. He was induced to undertake it by some of the most distinguished men of the country, such as ex-President Polk, ex-President Buchanan, Governor Marcy, Governor Seymour, Vice-President Dallas, Governor Cass, and others. It was said by Dr. Sparks that it was a work of more labor than any similar work ever attempted in this country. The author has been much interrupted in his labors, but he designs to publish the first volume during the year. A leading editor thus alludes to the work, and we cheerfully concur in the opinions expressed:

"Circumstances beyond the author's control have hitherto retarded the completion of this great work, upon which he has spent ten years of laborious and patient toil. Mr. Capen's abilities rank him with the master-minds of the nation, and his name is a guarantee of the excellence of the work. It is a work not only much needed, but also absolutely indispensable; and we are truly gratified to learn that he proposes at an early date to publish the first volume. Every Democratic and Conservative citizen should have a copy-it is indispensable, both as a vade mecum of political statistics and a profoundly philosophical treatise. We await with anxious anticipation the promised completion.”

4.-WASHINGTON'S ADMINISTRATION.

The conflicting principles of the Democracy and anti-Democracy were soon sowed broad-cast in the convention which framed our Federal Constitution. They took deep root during Washington's administration, but, owing to his wisdom, firmness, and vigilance, produced little fruit of an objectionable character, beyond the adoption of an unconstitutional bank charter, against the opinion of Mr. Jefferson and Mr. Randolph, both in the cabinet. At heart Washington was a democrat, although somewhat aristocratic in his deportment. After Jefferson left his cabinet he was surrounded by those who were guided by the opponents of democracy, and was often embarrassed by their tactics and by the abuse of his confidence. But the purity of his motives and the liberality and patriotism of his sentiments were never questioned by the Democracy. In whatever related to his own department he always followed Mr. Jefferson's advice. He consented to the retirement of Jefferson with great reluctance. Although the relations existing between these great men were grossly misrepresented by partisans, it is a fact worthy of notice that the best outline of the character of Washington was written by Jefferson.

5.-JOHN ADAMS'S ADMINISTRATION.

Mr. Adams was a patriot, and in early life strongly imbued with democratic principles. Residence abroad infused some conflicting views, and awakened a large respect for the British Government and its forms, ceremonies, and splendor. As successor of Washington, too much may have been expected from him. Unfortunately for him, he surrounded himself with a cabinet controlled by his enemy, Hamilton, who devoted themselves to his schemes, and to the downfall of the man they professed to serve. Things went wrong, and Mr. Adams's violence of temper made them go worse. The aliens who sought an asylum among us, having fled from European oppression, were naturally democrats. It was found that their numbers and influence would multiply the chances of his defeat. Hence, he consented to be clothed with the fatal power of expelling them from the country at his

unregulated will and pleasure. This law was anti-democratic in principle, not allowing aliens to seek happiness in our free land, and was an act of tyranny.

It naturally arrayed all who had been born abroad against him, and in favor of the Democratic side. Those who had spoken freely against British rule were not likely to be choice in their language toward a President who had set up some show, without having any marked executive ability, and who had drawn around him and been guided by the undisguised enemies of the Democracy. It was natural that the change, from the adulation bestowed upon Washington to the censures he received, should disturb his excitable and explosive temper beyond control. To restrain these censures, he and his friends deemed it wise to pass the memorable Sedition Law to prevent people speaking disrespectfully of the Government and its officers, and to crush out those guilty of doing so. Such a law, aside from its being unconstitutional, naturally increased and multiplied the expressions of disparagement which it was designed to repress by conviction and punishment. Its execution was intrusted to agents more noted for political venom than for wisdom or discretion. It is painful to know that judges were found willing to become instruments to execute and enforce such an unauthorized enactment. A few cases arising under this act are given, to illustrate its baneful character, and to show where anti-democratic principles lead men, otherwise, perhaps, good citizens:

Matthew Lyon, an Irishman by birth, and a member of Congress from Vermont, said of the President, in a letter published in a newspaper, that "every consideration of the public welfare was swallowed up in a continual grasp for power, an unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice”— "that the sacred name of religion" had been used as "a state engine to make mankind hate and persecute each other." For this he was indicted, tried before Judge Patterson of the U. S. Supreme Court, convicted, and sentenced to four months' imprisonment, and to pay a fine of $1,000. An attempt to raise money to pay this fine, through a lottery of Lyon's property, was made. In the published notice, in the Vermont Gazette, of this

lottery, expressions deemed disrespectful were found, and the editor was indicted, convicted under the same law, and sentenced to pay a fine of $200, and be imprisoned two months.

Charles Holt, publisher of the Bee at New London, was found guilty of defaming the President and discouraging enlistments, and sentenced to three months' imprisonment, and to pay a fine of $200.

James T. Calender was indicted for a libel on the President. The indictment was mainly procured by Judge Chase of the U. S. Supreme Court, before whom he was tried. Chase refused to hear counsel on the question of the constitutionality of the law. For this and for violence on the Bench he was impeached. Calender was convicted, and sentenced to nine months' imprisonment, and to pay a fine of $200.

Baldwin, of New Jersey, was convicted and fined $100 for wishing "that the wadding of a cannon, firing a salute for the President, had lodged in bis backsides." This is the language in the indictment.

Jared Peck, a State senator from Otsego, New York, and originator of the common-school system of that State, was arrested, carried to New York, and indicted, for having circulated, for signatures, a spirited petition in favor of the repeal of the Alien and Sedition Laws. But the trial was probably abandoned.

Thomas Cooper, since one of our most learned and distinguished men, was tried for charging the President with unbecoming and unnecessary violence in his official communications, calculated, it was asserted, to justly provoke war, and bring upon the nation, in time of peace, the expense of a permanent navy and threatening it with that of an army, and for interfering in the case of Jonathan Robbins, a native impressed citizen of the United States, to deliver him over to a British court-martial for trial, "an interference," Cooper alleged, "without precedent, against law and mercy," an act "which the monarch of Great Britain would have shrunk from." Of this he was found guilty, and Judge Chase sentenced him to six months' imprisonment, and to pay a fine of $400.

These are some of the fruits of the Alien and Sedition Laws,