such a pettifogging quibble. This proclamation greatly incensed our people, or at least those of them whose commercial interests did not incline them to favor England. The French republic sent her minister, Genet, to this country. England had not yet sent any minister here. Washington was willing to receive Genet, but the latter chose to stir up the country against the administration before he presented his credentials. He landed at Charleston, South Carolina, and was received there, and everywhere he went, with the utmost transports of enthusiasm. He brought with him three hundred blank commissions, to be distributed to such persons as should fit out cruisers in our ports to prey upon English and Spanish commerce, and seize the Spanish territories of Florida and Louisiana. He opened stations for the enlistment of American sailors, established consulate courts to try and condemn the prizes taken by French privateers, and, in short, attempted to organize this nation into an armed and active belligerent against England. For a while he seemed to be so far supported by the wild enthusiasm of the people as to threaten the supremacy of Washington's government.

John Adams, then Vice-President, afterwards wrote: “You certainly never felt the terrorism excited by Genet in 1793, when ten thousand people in the streets of Philadelphia day after day threatened to drag Washington out of his house and effect a revolution in the government, or else compel it to declare war in favor of the French Revolution, and against England. The coolest and firmest minds even among the Quakers in Philadelphia have given their opinions to me that nothing but the yellow fever, which removed Dr. Hutchinson and Jonathan D. Seargeant (the ringleaders) from the world, could have saved the United States from a fatal revolution in government."

Of course Washington was firm in the course he had resolved to take; he forbade Genet's acts, did what he could to counteract them, and finally procured his recall.

Under the influence of Genet, political clubs were formed throughout the country upon the model of the Jacobin clubs, which at that time were practically the dominant power over the French government. His idea was that they would over

TROUBLES WITH ENGLAND AND FRANCE. 123

awe the administration here, as they did the legislative assembly, then the ruling power in France. These clubs were called republican clubs. The Federalists stigmatized them as democratic clubs, and their members as Democrats. The term "Democracy" in that day was a word of reproach, signifying a disorderly, riotous, and ignorant mob. It has a better meaning now. It is part of the legacy of the French Revolution.

The excesses of the French Revolution finally caused a reaction of feeling among our people, and Washington was applauded for his wisdom and firmness.

But the little sympathy our government extended to the French did not keep us out of difficulty with England. Both England and the United States claimed that the provisions of the treaty of 1783 had not been observed. England accused us of not paying our debts to her merchants, an accusation largely true. Hence she retained her military posts upon our northern frontier. We complained of this act of hostility. We complained still more of her hostility to our merchant marine. France enlisted her able-bodied men in her armies, and did not leave enough to cultivate her fields. Her armies and people could scarcely get food to eat, certainly not enough. Our merchant ships sought to carry them provisions, humanity and profit conspiring. England claimed that starvation was an effective means of war, and that our breadstuffs, in transport to her enemy, were contrabrand of war and lawful prize. She captured many of these ships, and impressed into her service many an American sailor. Washington's policy was peace if possible. Though he had reason to fear that England would not treat with us, he sent there Chief Justice Jay, who succeeded in negotiating a treaty. This is famous as "Jay's Treaty." It was not much in our favor; it was liberal to England and inimical to the French, and our people were again greatly exasperated. Among other things it provided that our debts to English merchants should be paid, and our supplies of bread to the French should stop. The Anti-Federalists resisted the ratification of the treaty with the utmost desperation. But it was ratified by the Senate. An appropriation was needed to carry out

the provisions of the treaty, and the bill for this had to originate in the House of Representatives. The enemies of the treaty sought to defeat the appropriation. It was urged in its support that Congress had no constitutional right to refuse the appropriation, since the treaty was declared by the Constitution to be the supreme law of the land. After a long and bitter discussion, Congress made the necessary appropriation.

The constitutional question thus raised was long a vexed one, but the rule is now settled, that if it is necessary for Congress to pass any law in order to carry a treaty into effect, Congress has the constitutional right to refuse to pass the law, and may thus defeat or break the treaty. The reason is, that by the Constitution both a treaty made and a law passed in pursuance of the powers conferred by the Constitution are equally the supreme law, and where the two conflict, the latest supreme law prevails. A treaty thus supersedes an earlier law in conflict with it, and a later conflicting law supersedes or breaks the earlier treaty. If Congress fails to pass the law which the treaty requires, the treaty is defeated or broken.

Now the French in their turn were exasperated. They retaliated by making capture of our ships. We made some reprisals. Our treaty relations were declared to be at an end. We could come to no understanding, nor make any new treaty with France, so long as the French Directory, the executive power of France, held sway. This Directory remained in power from 1795 until Napoleon captured the government and became First Consul in December, 1799.

Meanwhile Washington retired and John Adams, the successful candidate of the federalist party, became President. Adams was the revolutionary patriot and leader, a learned, good, and great man, despite an unfortunate mixture in his greatness of vanity, irritability, and proneness to jealousy. The conduct of the Directory was evasive, misleading, and mercenary. In 1797 Adams sent three envoys to France to try to negotiate a treaty. They were unofficially informed that the Directory would not negotiate with them unless first presented with a large sum of money. "Millions for defence,

THE ALIEN AND SEDITION LAWS.

125 but not one cent for tribute," was the indignant response of the nation. War seemed inevitable, and the federal party was anxious for it. But the President was anxious for peace, and ruptured his party and lost his reëlection by his efforts to preserve it.

When Napoleon came into power a treaty was made. This treaty among other things left our claims for French spoliations to be provided for by ourselves. In 1885 our Congress passed an act for determining the validity and amount of such claims as might be presented, but the act to provide for paying them still remains to be passed. Jay's treaty with England did not protect us against her impressment of our sea

men.

The outrages which we suffered from the injustice of England and France gave additional bitterness to the strife between parties at home. The anti-federal press was immoderate in its assaults upon the administration. It so happened that several of the anti-federal papers were conducted by foreigners. Indeed, there were many foreigners in the country whose sympathies were with the French, and their hostility to the administration was open and passionate. The federal leaders determined to crush out by the strong arm of the law these publishers of slanders and fomenters of discontent. Hence the famous "alien and sedition laws were passed. The remedy devised was far worse than the disease. It has tened the federal party to its tomb, and was the occasion of the formulation of that unfortunate creed of constitutional construction and of state sovereignty known as the "Virginia and Kentucky Resolutions" of 1798-99. These resolutions had the sanction of the great names of Madison and Jefferson. The resolutions were the ever ready support of the threats of disunion, nullification, and secession. However overborne by argument, they were never silenced by it, and were only effectually put to rest when Lee surrendered to Grant in 1865.

By one of the alien bills the President was authorized to cause the banishment of aliens suspected by him to be dangerous to the peace and safety of the United States. Such a bill is of the very essence of despotism and arbitrary power.

Hamilton, who now was out of office, in vain exclaimed against it. It contravened both the letter and the spirit of the Constitution. The sedition act authorized punishment of the authors of false, scandalous, and malicious writings and speeches against the government, made with the intent to stir up sedition. The bill, unlike the alien act, did not dispense with the usual forms of trial, but it manifestly was intended to abridge the freedom of speech and of the press, and was therefore a violation of the first amendment of the Constitution. Besides, the Constitution conferred no power to punish common law offences, of which this was one. To the credit of the President he never exercised any of the arbitrary powers vested in him by the alien bill.

But the prosecutions under the sedition bill were numerous. Some were ridiculous, and most were grossly oppressive. President Adams, on his return from the seat of government in 1799, passed through Newark, N. J. Some cannon were fired in compliment to him as he passed through the village. An Anti-Federalist, by the name of Baldwin, was heard to remark that he wished the wadding from the cannon had hit the President in his backsides. For this speech he was condemned to pay a fine of a hundred dollars.

One Judge Peck of Otsego, in the State of New York, circulated a petition asking the repeal of the alien and sedition laws. He was indicted in the city of New York for this alleged offence, and taken from his home to New York for trial, but he was never tried. His forced carriage to New York was the occasion of great excitement, and Federalism was held up to public execration. Matthew Lyon of Vermont, a member of Congress, and a candidate for reëlection, in a published address charged the President with "unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice." For this offence he paid a fine of one thousand dollars, and lay four months in jail. He passed from the jail to his seat in Congress; the Federalists made an attempt to expel him, because branded with a conviction for sedition, but the necessary two thirds could not be secured. In 1840 Congress refunded to Lyon's heirs the amount of the fine with interest. Other prosecutions for sedition were only a little less flagrant.