Restrictive legislation, 1798. Schouler's United States, I, 404-410; American History Leaflets, No. 15. 208. Alien and Sedition Acts, 1798. These acts were the outcome of an exaggerated fear of the Republicans on the part of the Federalists; even Washington, who was now a strict party man, whatever he may have been in his earlier years, proposed to prevent Republicans from joining the army of which he was the head. The first law against Mrs. John Adams aliens was the Naturalization Act (June 18, 1798), raising the period of residence preliminary to naturalization from five to fourteen years. The second law (June 25, 1798), which is usually cited as the Alien Act, authorized the President order any aliens "he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against to the government thereof, to depart out of the territory of the United States"; or he might, at his discretion, grant an alien a "license to . . . remain within the United States for such time as he shall judge proper, and at such place as he may designate," under such bonds as he may think fit, and he might revoke the license at any time. An alien returning could be "imprisoned so long as, in the opinion of the President, the public safety may require." The third law directed against aliens, which is generally cited as the Second Alien 1798] Alien and Sedition Acts 285 Act, authorized the President in time of war "to arrest, restrain, secure, and remove as alien enemies all natives or subjects of such hostile nation or government as are not actually naturalized." The Sedition Act (July 14, 1798) made it a crime punishable "by a fine not exceeding five thousand dollars and by imprisonment during a term of not less than six months nor exceeding five years" for any persons to "unlawfully combine" with intent to oppose any measure of the government or to impede the operation of any law, or to intimidate any government official. Furthermore, any person who should write, print, utter, or publish anything, or cause anything to be so written or uttered, with intent to defame the government of the United States, or to excite unlawful John Adams, after a painting by Stuart combinations, should be punished by a fine not exceeding two thousand dollars and by imprisonment not exceeding two years. The Alien Act was to be in force for two years and the Sedition Act until March 3, 1801, the end of Adams's term. These Alien and Sedition Acts were modeled on similar laws which had recently been passed in England, and, with the Naturalization Act, were aimed principally against the Republican politicians and newspaper writers, many of whom were foreigners. These laws Effects of these laws. Kentucky were opposed in the House of Representatives by the Republicans, ably led by Albert Gallatin, an immigrant from Switzerland; but their opposition was unavailing. Adams seems to have taken slight interest in the matter; he never acted under the alien acts, but they cannot be said to have been entirely inoperative, as two or three "shiploads" of aliens left the country rather than incur the risk of remaining. The Sedition Act was put into force several times, notably against Callender, a Republican newspaper editor. Every prosecution under the act was given the greatest publicity by the Republicans and lost hundreds, if not thousands, of votes to the Federalists. Jefferson also adopted the old revolutionary expedient of legislative resolves, in order to bring the harsh measures of the Federalists prominently before the people. 209. Virginia and Kentucky Resolutions, 1798, 1799. — Resolutions, The Kentucky Resolutions, which were the first to be adopted, were introduced into the legislature of that state by Mr. Breckinridge; their real author, however, was Jeffer 1798. History No. 15: son. His original draft contained the logical conclusions from the premises of the argument which went beyond what the Kentucky legislators were ready to place on record in 1798. In 1799, however, they had reached the necessary pitch of indignation to adopt the whole of Jefferson's argument. There are other differences between Jefferson's draft and the resolutions as voted either in 1798 or 1799. It will be convenient to consider the two sets as one, and to note one or two of the changes from the original writing. The Resolutions of 1798 open with the statement "that the several states composing the United States of America are not united on the principle of unlimited submission to their general government; but that by compact under the style and title of a constitution . . . they [1] constituted a general government for special purposes, delegated to that government certain definite powers .; and that wheresoever the general government assumes undelegated powers, its acts are unauthoritative, void, and are of no force; 1798] Virginia and Kentucky Resolutions 287 [2] That to this compact each state acceded as a state, and is an integral party, its co-states forming as to itself, the other party... [3] that as in all other cases of compact among parties having no common judge, each party has a right to judge for itself, as well of infractions as of the mode and measure of redress." The Resolutions then proceed to state that the acts enumerated in the preceding section and an act to punish frauds committed on the Bank of the United States, which was passed in June, 1798, are altogether void and of no force, as they were contrary to the Constitution and the amendments. Resolutions History No. 15. Jefferson's original draft had contained the further state- Kentucky ment "that every state has a natural right in a case not within the compact (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits." This statement was omitted from the Resolutions of 1798; it appears in those of 1799 in an even stronger form: "That the several states who formed that instrument [the Constitution] being sovereign and independent, have the unquestionable right to judge of the infraction [of that instrument]; and that a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy." 1798. No. 15. The Virginia Resolutions were drawn by Madison and Virginia were much milder in tone. They termed the Constitution, Resolutions, however, "a compact," and called upon the other states to American join with Virginia in declaring the Alien and Sedition Acts History unconstitutional. These Resolutions and the Kentucky Leaflets, Resolutions of 1798 were communicated to the other states. They evoked strong condemnation from the legislatures of the Northern states and received no support from those of the Southern states. It is difficult to say what remedy Jefferson and Madison desired to see adopted; probably nothing more than a new constitutional convention; certainly they had no desire to see the Union dissolved, and in all probability wished to do nothing more than to place the compact theory of the Constitution before the people Hamilton's letter to Dayton. France draws back. Schouler's in a clear and unmistakable manner. In this they succeeded, and the Resolutions undoubtedly did much to turn the current of public opinion against the authors of the Alien and Sedition Acts. A letter which Hamilton wrote to Mr. Dayton, the Federalist Speaker of the House of Representatives, contains an enunciation of the extreme Federalist view, and may be regarded, in some measure, as an answer to the Kentucky and Virginia Resolutions. Its author advocated the cutting up of the states into small divisions, for the purpose of increasing the number and power of the federal courts. He also suggested the adoption of an amendment to the Constitution, giving Congress the power to divide the larger states into two or more states. He further advised the retention of the army on its present footing, even if peace should be made with France. At this moment, Adams reopened negotiations with France, and by concluding a treaty with that country, put an abrupt ending to the dreams of Hamilton and his friends and widened the breach in the Federalist party beyond possibility of repair. 210. Treaty with France, 1800. - The publication of the X, Y, Z correspondence caused great excitement among the governing circles in France. Talleyrand, who had States, I, 429. been at the bottom of the intrigue, saw that he had gone too far, and tried to draw back; he caused a message to be conveyed to Vans Murray, American minister to the Netherlands, that if the United States would send another envoy to France, he would be "received as the representative of a great, free, powerful, and independent nation." Adams grasped eagerly at the opportunity to bring peace to his country. Without consulting his cabinet, he nominated Vans Murray as minister to France. The Federalist leaders in the Senate, amazed at this change of front, seemed determined to reject the nomination, when Adams substituted a commission consisting of Oliver Ellsworth, Jay's successor as Chief Justice, Patrick Henry, and Vans |