this respect was dignified and honorable; that of the democrats miserably contracted.

Alien and Sedition Laws, and Eight per cent. Loans.

THE factious clamour excited against the sedition and alien laws, and against the eight per cent. loan-which clamour was the principal means of changing the administration, and taking it from the hands of the federalists, to place it in those of the democrats may be justly reckoned among the sins of the latter party. A candid review of the so-styled sedition law, at the present hour, when the public ferment to which it gave rise has wholly subsided, will satisfy any reasonable man, that so far from being an outrageous infringement of liberty, as was asserted, it was a measure not merely defensible; but absolutely necessary and indispensable towards the support of government. To enable the reader to judge for himself, without the trouble of referring to a volume of the laws, I annex the document itself.

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any persons shall unlawfully combine or conspire together, with intent to oppose any mea sure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing, or executing his trust, or duty; and if any person or persons, with intent as aforesaid, shall counsel, advise or attempt to procure any insurrection riot, unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor; on conviction before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months, nor exceeding five years; and further, at the discretion of the court, may be holden to find sureties for his or their good behaviour in such sum, and for such time, as the said court may direct.

"Sec. 2. And be it further enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered, or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing to writings against the government of the United States, or either house of the Congress of the U. States, or the President of the United States, with intent to defame the said government, or either house of the Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite a gainst them, or either or any of them, the hatred of the good people of the

It is but justice to avow that the writer of this book was as ardent in his opposition to, and as much alarmed at the probable consequences of the alien and sedition laws, as any man in the community. As it requires an extraordinary degree of corporeal sanity to resist the effects of a violent epidemical disorder, so it requires great strength of mind to keep out of the vortex of factious contagion, when prevalent with those whose opinions are generally congenial with our own. Of this strength of mind the writer was destitute in common with a large portion of his fellow citizens.

United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the U. States, or any act of the president of the United States, done in pursiance of any such law, or of the powers in him vested by the constitution of the United States; or to resist, oppose, or defeat any such law or act; or to aid, encourage, or abet any hostile designs of any foreign nation against the U.States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisoninent not exceeding two years.

"Sec. 3. And be it further enacted and declared, That if any person shall be prosecuted under this act, for writing or publishing any libel as aforesaid,

it shall be lawful for the defendant, upon the trial of the cause, to give in eridence, in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other

cases.

"Sec. 4. And be it further enacted, That this act shall continue and be in force until the third day of March, one thousand eight hundred and one, and no longer: Provided, that the expiration of the act shall not prevent or defeat a prosecution and punishment of any offence against the law, during the time it shall be in force.-July, 1798.

The fate of this law holds out an all-important lesson on faction and party spirit. Laudable and necessary as it was, and guarded, as far as a law can be guarded, against abuse, the opposition to it was as violent, and it excited as much horror and indignation, as if it had wholly destroyed the liberty of the press, and left not a trace behind." And in this senseless and disgraceful clamour, were engaged vast numbers of the best and most intelligent members of the community. The Alien and Sedition Laws were made the subject of an elegant, but violent and inflammatory report, agreed to by the legislature of Virginia, as respectable and enlightened a deliberative body as any in the United States, or perhaps in the world. But they were bitten by the mad dog of faction in common with so large a portion of their fellow-citizens, and were seized with the prevalent disorder. They regarded the two obnoxious laws as inroads upon public liberty, which required to be repel!ed with the utmost firmness.

It would be uncandid not to state, that the trials under this act, for libels against the president, and, as far as my recollection serves me against some of the other public functionaries, were managed with very considerable rigour; and, from the abuse of the law, tended to give an appearance of propriety and justice to the clamour against it. The case of Thomas Cooper and Matthew Lyon, Esqrs. who were both treated with remarkable severity, excited a high degree of sympathy in the public mind. I have strong doubts, whether, under all the circumstances, a jury could be found in London to pronounce a verdict of " guilty" against either of them. Of the two cases, it may be justly said summum jus, summa injuria. But the censure did not attach to the law. It lay at the door of the juries.

I have little to offer respecting the alien law. It was undoubt edly liable to strong objections. It invested the president with powers liable to great abuse. But it certainly never warranted the awful outcry that was raised againt it. To enable the reader, however, to form his own opinion-and, if mine be er roneous, to reject it altogether, I annex the most obnoxious clause of the act.

"Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That it shall be lawful for the President of the United States, at any time during the continuance of this act, to order all such aliens as 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 the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order; which order shall be served on such alien by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the secretary of state, by the marshal or other person to whom the same shall be directed. And in case any alien so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the president to reside therein, or having obtained such license shall not have conformed thereto, every sich aden shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States. Provided always, and be it further enacted, That if any alien so ordered to depart, shall prove to the satisfaction of the president, by evidence to be taken before such person or persons as the president shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the president may grant a license to such alien to remian within the United States, for such time as he shall judge proper, and at such place as he may designate. And the president may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties to the satisfaction of the person authorized by the president to take the same, conditioned for the good behaviour of such alien during his residence in the United States, and not violating his license, which license the president may revoke, whenever he shall think proper." July 6, 1798.

The eight per cent. loan remains. It was united with, and increased the clamour against, the alien and sedition laws; and these obnoxious measures, as I have already observed, precipitated the federalists from power. Yet we have since found that their successors, the democrats, have themselves given about eight per cent. on their loans. This would afford a glorious triumph to federalism over her inveterate rival, democracy, were it not that the annals of the former can furnish many instances of similar frailty, and inconsistency, and departure from professions. And it is a melancholy truth, that the histories of all the parties and factions, that have, since government was first instituted, cursed and scourged mankind by their senseless, envenomed, and implacable hostilities, are replete with instances of errors equally disgraceful and dishonourable. A history of the madness, the

folly, and the depravity of party faction, is a grand desidera, tum.

JAY'S TREATY.

The violent opposition of this instrument, which pervaded the union, and greatly disturbed the administration of Gen. Washington, was a highly factious procedure on the part of the democrats, who were led away by objections, plausible, but not substantial hardly any of which have been realised. This affair evinces the danger of yielding to the sudden impulses of national feeling, which bear down every thing before them, and which wholly overpower the reason and understanding of even the wise and the good, who on such occasions, are only on level with the most uninformed and uncultivated part of the community. Nearly all the predictions respecting this treaty have been the sooth-sayings of false prophets; of men, some led astray by their prejudices others by perturbed imaginations. Such of them as have been realised, have been more than counterbalanced by the solid advantages resulting from the adjustment of the differences between the two nations.

a

CHAPTER III.

Monroe and Pinkney's Treaty with England. Separation of the States. Treasonable Publications. Embargo. Non-inter

course.

OF the errors of Mr. Jefferson's administration, it is unneces sary to mention more than three, denoting two very opposite extremes of character-the one highly bold and daring the other displaying an equal degree of feebleness.

MONROE AND PINKNEY'S TREATY WITH ENGLAND.

Two ministers appointed by Mr. Jefferson, had negociated a treaty with England, the best they could procure. It had been transmitted to him in due form. Without consulting the co-ordinate branch of the treaty-making power, he, on his own responsibility rejected it, and transmitted to these ministers instructions to begin the negociation anew. This was a mighty and a fatal error.* It may be doubted whether it were not a violation, at least of the spirit of the constitution. It was at

It has been attempted to justify this procedure, by the circumstance, that the negociators had violated one explicit item of Mr. Jefferson's instructions to conclude no treaty without a specific article guarding against impressments. This is no justification, It is barely a palliation.

all events a case that probably did not enter into the conceptions of the framers of that instrument. If it had, it is likely they would have provided against its occurrence.

A calm reflection on this subject can hardly fail to convince the reader that probably to this source may be fairly traced nearly all our present difficulties. Had this treaty been, as it ought, laid before the senate, they would in all likelihood have ratified the chief parts of it, and, as had been the case with Jay's treaty, have referred the obnoxious clauses to a new discussion. Our disputes with England would have been thus compromisedand our party divisions could never have been excited to such a height as to endanger the peace and security of the country.

It has been inferred from the rejection of this treaty, that it arose from Mr. Jefferson's desire of a cause of war with England. This is radically wrong. At no period since the commencement of the French revolution has there been a deficiency of a real cause of war with England, in the impressment of our seamen, and the violent proceedings against our commerce. But a preg nant proof of the fallacy of this charge arises out of the attack of the Leopard on the Chesapeake. This circumstance settles the question forever. Had Mr. Jefferson been desirous of war with England, nothing more was necessary than to have convened congress immediately after that event, during the extraordinary ebullition of the public mind which it created. All parties were then clamorous for, and would have heartily united in a war. And war would certainly have been declared by congress almost unanimously. But with a desire of peace, deserving of the highest praise and gratitude of his country, which he has never received, he deferred vening of congress about four months, within which period the public ferment had subsided. This important fact has been wholly overlooked in the factious discussions that have taken place respecting his administration; so true it is, that in times of turbulence, reason raises her voice in vain. It is drowned in the obstreperous brawlings of noisy factionists.

the con

The justice which leads to this vindication, compels me unqualifiedly to censure the very extraordinary and unprecedented measure of rejecting the treaty on his own responsibility.

Besides the want of an explicit clause on the subject of impressment, the friends of Mr. Jefferson assign another plea to justify him for the rejection of this treaty. After it was agreed to by both parties, there was a rider annexed to it by the British commissioners, which was calculated to give the treaty-sanction to the celebrated orders in council, which, even then, it would appear, were in contemplation.

To enable the reader to decide correctly, I annex the ridera