The Online Library of Liberty

A project of Liberty Fund, Inc.

• Preface
• Part 1: Apprehensions
• The Anti-federalists
• Letters From the Federal Farmer, No. 7 31 December 1787
• “brutus,” Essay Ii 1 November 1787
• Amendments Recommended By the Several State Conventions
• Amendments Proposed By the Virginia Convention 27 June 1788
• Ratification of the State of New York 26 July 1788
• Federalist Concerns
• James Madison to George Washington New York, 11 August 1788
• Madison to Washington New York, 24 August 1788
• James Madison to Thomas Jefferson 21 September 1788
• Madison to Jefferson 8 December 1788
• The Bill of Rights
• Proceedings In the House of Representatives 8 June 1789
• Proceedings In the House of Representatives 13 August 1789
• Apprehensions Unallayed
• “pacificus” to James Madison
• Popular Instruction of Representatives 15 August 1789
• Titles
• Part 2: The Leadership Divides
• Funding and Assumption
• Alexander Hamilton the First Report On Public Credit 14 January 1790
• Debates In the House of Representatives On the First Report On Public Credit 9–18 February 1790
• Thomas Jefferson Memorandum On the Compromise of 1790
• Opposition Out of Doors
• Virginia’s Remonstrance Against the Assumption of State Debts 16 December 1790
• The Constitution and the National Bank
• Alexander Hamilton Notes On the Advantages of a National Bank 27 March 1791
• James Madison’s Speech On the Bank Bill 2 February 1791
• Thomas Jefferson Opinion On the Constitutionality of a National Bank 15 February 1791
• Alexander Hamilton Opinion On the Constitutionality of a National Bank 15 February 1791
• James Madison to Thomas Jefferson On Speculative Excess Summer 1791
• Commerce and Manufactures
• Thomas Jefferson Notes On the State of Virginia 1785
• Jefferson and Madison On Republican Political Economy
• James Madison Speech In the House of Representatives On Commercial Retaliation and Discrimination 25 April 1789
• Congressional Proceedings On Commercial Discrimination 1789
• Alexander Hamilton Report On the Subject of Manufactures 5 December 1791
• The Collision
• James Madison Essays For the National Gazette 1792
• William Branch Giles Speech In the House of Representatives On the Apportionment Bill 9 April 1792
• Letters of Fisher Ames to George Richards Minot 1791–1792
• Philip Freneau “rules For Changing a Limited Republican Government Into an Unlimited Hereditary One” 4 and 7 July 1792
• Alexander Hamilton to Edward Carrington 26 May 1792
• An Administration Divided
• James Madison Further Essays For the National Gazette
• Part III. The French Revolution and the People
• Neutrality
• “an Old French Soldier” (philadelphia) General Advertiser 27 August 1793
• Alexander Hamilton “pacificus,” No. 1 29 June 1793
• James Madison “helvidius,” No. 1 24 August 1793
• James Madison “helvidius,” No. 4 14 September 1793
• Commerce and Seizures
• William Loughton Smith Speech In the House of Representatives 13 January 1794
• James Madison Speech In the House of Representatives 14 January 1794
• James Madison “political Observations” 20 April 1795
• The Popular Societies, the Excise, and the Whiskey Rebellion
• The Democratic Society of Pennsylvania (philadelphia) Principles, Articles, and Regulations 30 May 1793
• Condemnations, Defenses, and Society Attacks On the Excise
• The Rebellion
• “self-created Societies”
• Alexander Hamilton the “camillus” Essays 22 July 1795–9 January 1796
• House Debates On Implementing Jay’s Treaty 1796
• Washington’s Farewell Address 19 September 1796
• Part 4: Liberty and Order
• The Black Cockade Fever
• Philadelphia, 1798
• Addresses to the President, With His Replies April–august 1798
• The Sedition Act 14 July 1798
• Popular Protest
• “advertisement Extraordinary!!!” (philadelphia) Aurora 14 July 1798
• The Kentucky and Virginia Resolutions
• Thomas Jefferson Draft of the Kentucky Resolutions October 1798
• James Madison the Virginia Resolutions 21 December 1798
• State Replies to the Resolutions
• Congressional Report Defending the Alien and Sedition Laws 21 February 1799
• James Madison the Report of 1800
• The Jeffersonian Program
• Thomas Jefferson the First Inaugural Address 4 March 1801
• Thomas Jefferson First Annual Message 8 December 1801
• The Jeffersonian Vision
• Letters of the President 1799–1802
• Edmund Pendleton “the Danger Not Over” 5 October 1801
• Fisher Ames “falkland,” No. 2 6 February 1801
• Repeal of the Judiciary Act of 1801
• Congressional Proceedings
• Editorials On the Repeal “a Friend of the Constitution” [william Cranch], No. 1 Washington Federalist 7 December 1801
• The Impeachment of Samuel Chase, 1804–1805
• Albert Gallatin Report On Internal Improvements 4 April 1808
• The Louisiana Purchase
• Thomas Jefferson to Robert R. Livingston 18 April 1802
• Thomas Jefferson to John C. Breckinridge 12 August 1803
• Thomas Jefferson to Wilson Cary Nicholas 7 September 1803
• [alexander Hamilton] “purchase of Louisiana” New York Evening Post 5 July 1803
• Federalist Alarm
• A Republican Response
• Senate Debates On the Louisiana Purchase 2–3 November 1803
• The Embargo
• An Act Laying an Embargo On All Ships and Vessels In the Ports and Harbors of the United States 22 December 1807
• Resistance, Enforcement, and Repeal
• The War of 1812
• Madison’s War Message 2 June 1812
• Samuel Taggart, Speech Opposing the War 24 June 1812
• Henry Clay, Speech Supporting the War 9 January 1813
• Report and Resolutions of the Hartford Convention 4 January 1815
• Part 7: The End of an Era
• Madison’s Seventh Annual Message 5 December 1815
• Madison’s Veto of the Internal Improvements Bill 3 March 1817
• In Retrospect
• The Adams-jefferson Correspondence John Adams to Thomas Jefferson 13 July 1813
• Thomas Jefferson to Justice William Johnson 12 June 1823
• Republican Farewells
• Bibliography

part 4

Liberty and Order

John Adams defeated Thomas Jefferson in the presidential election of 1796 by a margin of three electoral votes (and Jefferson became vice president under the terms of the Constitution at that time). Washington had left his successor with a crisis. Damaged and offended by Jay’s Treaty, the French Directory announced that France would treat American ships “in the same manner as they suffer the English to treat them.” Seizures followed, and the new administration responded to the crisis much as Washington had responded to the crisis with England in 1794. As Congress increased appropriations for national defense, Adams sent two envoys to join with Charles C. Pinckney, whom the French had refused to accept as minister, to negotiate a resolution. The negotiations failed when unofficial agents of the French foreign minister—referred to in American dispatches as X, Y, and Z—demanded a bribe for Talleyrand, a large American loan to the Republic, and an apology for remarks in Adams’s address to Congress before negotiations could begin.

In April 1798, goaded by Republicans in Congress, who could not believe administration statements that negotiations had failed, Adams released the papers revealing the XYZ Affair. Patriotic fury swept the country, swelling into a widespread fear of treasonable plots between the French and their domestic admirers. On the crest of this hysteria, the Federalists in Congress launched a limited naval war with France and seized the opportunity to attack their domestic opponents. Over the next two years, the Quasi-War and the Federalists’ Alien and Sedition Acts would be the focus of party debates.

The Black Cockade Fever

Philadelphia, 1798

The letters of several national figures capture something of the atmosphere in Philadelphia, in the country, and in the president’s own house during the spring and summer of 1798.

Abigail Adams to Her Sister 7 April 1798

My Dear Sister:

The Senate on Thursday voted to have the dispatches from our envoys made public. … If the communications should have the happy effect which present appearances lead me to hope, that of uniting the people of our country, I shall not regret that they were called for. Out of apprehension what might prove the result of such communications to our envoys, if they still remain in Paris, the President forbore to communicate them and in his message was as explicit as was necessary for those who reposed confidence in him. But such lies and falsehoods were continually circulated, and base and incendiary letters sent to the house addressed to him, that I really have been alarmed for his personal safety, tho I have never before expressed it. With this temper in a city like this, materials for a mob might be brought together in 10 minutes.

Abigail Adams to Her Sister 22 April 1798

My Dear Sister:

… Addresses from the Merchants, Traders & Underwriters have been presented and signed by more than 500 of men of the greatest property here in this city, highly approving the measures of the executive. A similar one from the Grand Jurors, one from York Town, and yesterday, one from the Mayor, Aldermen & common counsel of the city, a very firm and manly address. Others are coming from New York, from Baltimore, and I presume Boston will be no longer behind than time to consult upon the measure. They must in this way show the haughty tyrants that we are not that divided people we have appeared to be; their vile emissaries make all our trouble, and all our difficulty.

Abigail Adams to Her Sister 26 April 1798

My Dear Sister:

I enclose to you a National Song [“Hail Columbia”] composed by [Joseph] Hopkinson. French tunes have for a long time usurped an uncontrolled sway. Since the change in the public opinion respecting France, the people began to lose the relish for them, and what had been harmony now becomes discord. Accordingly there had been for several evenings at the theater something like disorder, one party crying out for the President’s March and Yankee Doodle, whilst §a Ira was vociferated from the other. It was hissed off repeatedly. The managers were blamed. Their excuse was that they had not any words to the President’s March—Mr. Hopkinson accordingly composed these to the tune. Last evening they were sung for the first time. I had a great curiosity to see for myself the effect. I got Mr. Otis to take a box and silently went off with Mr. and Mrs. Otis, Mr. and Mrs. Buck to the play, where I had only once been this winter. … Mr. Fox came upon the stage, to sing the song. He was welcomed by applause. The house was very full, and at every chorus, the most unbounded applause ensued. In short it was enough to stun one. They had the song repeated—After this Rossina was acted. When Fox came upon the [stage] after the curtain dropped to announce the piece for Friday, they called again for the song, and made him repeat it to the fourth time. And the last time, the whole audience broke forth in the chorus whilst the thunder from their hands was incessant, and at the close they rose, gave 3 Huzzas that you might have heard a mile—My head aches in consequence of it. … There have been six different addresses presented from this city alone; all expressive of the approbation of the measures of the executive. Yet daringly do the vile incendiaries keep up in Bache’s paper the most wicked and base, violent & calumniating abuse. … But nothing will have an effect until Congress passes a Sedition Bill, which I presume they will do before they rise.

Abigail Adams to Her Sister 10 May 1798

My Dear Sister:

… The young men of the city as I wrote you on Monday to the amount of near eleven hundred came at 12 o’clock in procession two and two. There were assembled upon the occasion it is said ten thousand persons. … In great order & decorum the young men with each a black cockade marched through the multitude and all of them entered the house preceded by their committee. When a young gentleman by the name of Hare, a nephew of Mrs. Bingham’s, read the address, the President received them in his Levee Room dressed in his uniform, and as usual upon such occasions, read his answer to them, after which they all retired. The multitude gave three cheers and followed them to the State House Yard, where the answer to the address was again read by the chairman of the committee, with acclamations. They then closed the scene by singing the new song, which at 12 o’clock at night was sung by them under our windows, they having dined together or rather a part of them. This scene burnt in the hearts of some Jacobins and they determined either to terrify or bully the young men out of their patriotism. Bache published some saucy pieces the young men resented, and he would have felt the effects of their resentment if some cooler heads had not interposed. Yesterday [the day of Public Humiliation, Fasting, and Prayer] was observed with much solemnity. The meeting houses & churches were filled. About four o’clock as is usual the State House Yard, which is used for a walk, was very full of the inhabitants, when about 30 fellows, some with snow balls in their hats & some with tri-colored cockades, entered and attempted to seize upon the hats of the young men to tear out their cockades. A scuffle ensued when the young men became conquerors, and some of these tri-colored cockades were trampled in the dust. One fellow was taken and committed to jail, but this was sufficient to alarm the inhabitants, and there were everywhere large collections of people. The Light Horse were called out & patrolled the streets all night. A guard was placed before this house tho, through the whole of the proceeding and amidst all the collection, the President’s name was not once mentioned, nor any one grievance complained of, but a foreign attempt to try their strength & to awe the inhabitants if possible was no doubt at the bottom. Congress are upon an Alien Bill. This Bache is cursing & abusing daily. If that fellow & all is not suppressed, we shall come to a civil war. I hope the Gen’ll Court of our state will take the subject up & if they have not a strong Sedition Bill, make one… .

Alexander Hamilton to George Washington 19 May 1798

My Dear Sir,

At the present dangerous crisis of public affairs, I make no apology for troubling you with a political letter. Your impressions of our situation, I am persuaded, are not different from mine. There is certainly great probability that we may have to enter into a very serious struggle with France, and it is more and more evident that the powerful faction which has for years opposed the government is determined to go every length with France. I am sincere in declaring my full conviction, as the result of a long course of observation, that they are ready to new model our constitution under the influence or coercion of France—to form with her a perpetual alliance offensive and defensive—and to give her a monopoly of our trade by peculiar and exclusive privileges. This would be in substance, whatever it might be in name, to make this country a province of France. Neither do I doubt that her standard displayed in this country would be directly or indirectly seconded by them in pursuance of the project I have mentioned.

It is painful and alarming to remark that the opposition faction assumes so much a geographical complexion. As yet from the south of Maryland nothing has been heard but accents of disapprobation of our government and approbation of or apology for France. This is a most portentous symptom & demands every human effort to change it.

In such a state of public affairs it is impossible not to look up to you and to wish that your influence could in some proper mode be brought into direct action. Among the ideas which have passed through my mind for this purpose, I have asked myself whether it might not be expedient for you to make a circuit through Virginia and North Carolina under some pretense of health, etc. This would call forth addresses, public dinners, etc. which would give you an opportunity of expressing sentiments in answers, toasts, etc. which would throw the weight of your character into the scale of the government and revive an enthusiasm for your person that may be turned into the right channel… .

You ought to be aware, My Dear Sir, that in the event of an open rupture with France, the public voice will again call you to command the armies of your country; and though all who are attached to you will, from attachment as well as public considerations, deplore an occasion which should once more tear you from that repose to which you have so good a right, yet it is the opinion of all those with whom I converse that you will be compelled to make the sacrifice. All your past labor may demand, to give it efficacy, this further, this very great sacrifice.

Thomas Jefferson to John Taylor 4 June 1798

Mr. New showed me your letter on the subject of the patent, which gave me an opportunity of observing what you said as to the effect with you of public proceedings, and that it was not unusual now to estimate the separate mass of Virginia and N. Carolina with a view to their separate existence. It is true that we are completely under the saddle of Massachusetts & Connecticut, and that they ride us very hard, cruelly insulting our feelings as well as exhausting our strength and substance. Their natural friends, the three other eastern states, join them from a sort of family pride, and they have the art to divide certain other parts of the Union so as to make use of them to govern the whole. This is not new. It is the old practice of despots to use a part of the people to keep the rest in order, and those who have once got an ascendency and possessed themselves of all the resources of the nation, their revenues and offices, have immense means for retaining their advantages. But our present situation is not a natural one. The body of our countrymen is substantially republican through every part of the Union. It was the irresistible influence & popularity of General Washington, played off by the cunning of Hamilton, which turned the government over to anti-republican hands, or turned the republican members chosen by the people into anti-republicans. He delivered it over to his successor in this state, and very untoward events, since improved with great artifice, have produced on the public mind the impression we see; but still, I repeat it, this is not the natural state. Time alone would bring round an order of things more correspondent to the sentiments of our constituents; but are there not events impending which will do it within a few months? The invasion of England, the public and authentic avowal of sentiments hostile to the leading principles of our Constitution, the prospect of a war in which we shall stand alone, land tax, stamp tax, increase of public debt, etc. Be this as it may, in every free & deliberating society there must, from the nature of man, be opposite parties & violent dissensions & discords; and one of these, for the most part, must prevail over the other for a longer or shorter time. Perhaps this party division is necessary to induce each to watch & relate to the people the proceedings of the other. But if, on a temporary superiority of the one party, the other is to resort to a scission of the Union, no federal government can ever exist. If to rid ourselves of the present rule of Massachusetts & Connecticut, we break the Union, will the evil stop there? Suppose the N. England States alone cut off, will our natures be changed? Are we not men still to the south of that, & with all the passions of men? Immediately we shall see a Pennsylvania & a Virginia party arise in the residuary confederacy, and the public mind will be distracted with the same party spirit. What a game, too, will the one party have in their hands by eternally threatening the other that unless they do so & so, they will join their Northern neighbors. If we reduce our Union to Virginia & N. Carolina, immediately the conflict will be established between the representatives of these two states, and they will end by breaking into their simple units. Seeing, therefore, that an association of men who will not quarrel with one another is a thing which never yet existed, from the greatest confederacy of nations down to a town meeting or a vestry, seeing that we must have somebody to quarrel with, I had rather keep our New England associates for that purpose than to see our bickerings transferred to others. They are circumscribed within such narrow limits, & their population so full, that their numbers will ever be the minority, and they are marked, like the Jews, with such a peculiarity of character as to constitute from that circumstance the natural division of our parties. A little patience and we shall see the reign of witches pass over, their spells dissolve, and the people, recovering their true sight, restore their government to its true principles. It is true that in the meantime we are suffering deeply in spirit and incurring the horrors of a war and long oppressions of enormous public debt. But who can say what would be the evils of a scission, and when & where they would end? Better keep together as we are, haul off from Europe as soon as we can, & from all attachments to any portions of it. And if we feel their power just sufficiently to hoop us together, it will be the happiest situation in which we can exist. If the game runs sometimes against us at home, we must have patience till luck turns, & then we shall have an opportunity of winning back the principles we have lost, for this is a game where principles are the stake. Better luck, therefore, to us all; and health, happiness, & friendly salutations to yourself. Adieu.

Addresses to the President, with His Replies April–August 1798

Through the spring and summer of 1798, as Congress moved to authorize a quasi-war with France, addresses praising the administration poured into Philadelphia, where many were reprinted in the papers. Adams’s replies did much to fan the patriotic fever, to further popular suspicion of the friends of France, and thus to lay the groundwork for repressive legislation.

Address of the Mayor, Aldermen, and Citizens of Philadelphia to the President of the United States April 1798

At a moment when dangers threaten the peace and prosperity of the United States, when foreign violence and rapine have deeply wounded our national honor and injured our lawful commerce, it is presumed the mayor, aldermen, and citizens of the city of Philadelphia will not be unwelcome when they come forward to assure you of their perfect approbation of your administration and their entire confidence in your wisdom, integrity, and patriotism. While we admire the prudence and moderation with which our government has received the unprovoked aggressions of France and the sincerity and equity of your endeavors to conciliate her friendship, we feel the independent pride of Americans in your dignity and firmness. As we are satisfied that nothing has been wanting on your part to preserve to us the blessings of peace and safety, we prepare to meet with fortitude the consequences that may follow the failure of your exertions. Confident that our government has been just and impartial in her dealings with all nations, and grateful for the happiness we have enjoyed under it in the days of tranquility, we do not hesitate to promise it our utmost assistance in the time of difficulty and need. Presiding over the councils of your country in a most eventful crisis, we hope and trust you will find a fixed and energetic support in the people of America.—Permit us to congratulate you on the prospects of unanimity that now presents itself to the hopes of every American, and on the spirit of independent patriotism that is rapidly rising into active exertion—and to offer a sincere prayer that while you continue to serve your country with wisdom and fidelity, you may never find her ungrateful.

Answer

… At a time when all the old republics of Europe are crumbling into dust, and others forming whose destinies are dubious; when the monarchies of the old world are, some of them, fallen, and others are trembling to their foundations; when our own infant republic has scarcely had time to cement its strength or decide its own practi-cable form; when these agitations of the human species have affected our people, and produced a spirit of party which scruples not to go all lengths of profligacy, falsehood, and malignity in defaming our government; your approbation and confidence are to me a great consolation. Under your immediate observation and inspection the principal operations of the government are directed; and to you, both characters and conduct must be intimately known.

I am but one of the American people, and my fate and fortunes must be decided with theirs. As far as the forces of nature may remain to me, I will not be wanting in my duties to them, nor will I harbor a suspicion that they will fail to afford me all necessary aid and support.

While with the greatest pleasure I reciprocate your congratulations “on the prospect of unanimity that now presents itself to the hopes of every American, and on that spirit of patriotism and independence that is rising into active exertion” in opposition to seduction, domination, and rapine, I offer a sincere prayer that the citizens of Philadelphia may persevere in the virtuous course, maintain the honorable character of their ancestors, and be protected from every calamity physical, moral, and political.

Address of the Young Men of the City of Philadelphia, the District of Southwark, and the Northern Liberties May 1798

Sir,

At a period so interesting to the United States, permit us to believe that an address from the youth of Philadelphia, anxious to preserve the honor and independence of their country, will not be unwelcome to their chief magistrate.

Actuated by the same principles on which our forefathers achieved their Independence, the recent attempts of a foreign power to derogate from the dignity and rights of our country awaken our liveliest sensibility and our strongest indignation.

The executive of the United States, filled with a spirit of friendship towards the whole world, has resorted to every just and honorable means of conciliating the affections of the French Republic, who have received their propositions of peace with determined hostility and contempt, have wounded our national independence by insulting its representatives, and calumniated the honor and virtue of our citizens by insinuating that we were a divided, insubordi-nate people.

The youth of the American nation will claim some share of the difficulty, danger, and glory of its defense; and although we do not hold ourselves competent to form an opinion respecting the tendency of every measure, yet we have no hesitation in declaring that we place the most entire confidence in your wisdom, integrity, and patriotism; that we regard our liberty and independence as the richest portion given to us by our ancestors; that we perceive no difference between the illegal and oppressive measures of one government and the insolent attempts now made to usurp our rights by another; that as our ancestors have magnanimously resisted the encroachments of the one, we will no less vigorously oppose the attacks of the other; that at the call of our country we will assemble with promptitude, obey the orders of the constituted authorities with alacrity, and on every occasion act with all the exertion of which we are capable; and for this we pledge ourselves to you, to our country, and to the world.

Answer 7 May 1798

Gentlemen,

Nothing of the kind could be more welcome to me than this address from the ingenuous youth of Philadelphia in their virtuous anxiety to preserve the honor and independence of their country.

For a long course of years, my amiable young friends, before the birth of the oldest of you, I was called to act with your fathers in concerting measures the most disagreeable and dangerous, not from a desire of innovation, not from discontent with the government under which we were born and bred, but to preserve the honor of our country and vindicate the immemorial liberties of our ancestors. In pursuit of these measures, it became, not an object of predilection and choice, but of indispensable necessity to assert our independence, which, with many difficulties and much suffering, was at length secured. I have long flattered myself that I might be gathered to the ashes of my fathers leaving unimpaired and unassailed the liberties so dearly purchased; and that I should never be summoned a second time to act in such scenes of anxiety, perplexity, and danger as war of any kind always exhibits. If my good fortune should not correspond with my earnest wishes and I should be obliged to act with you, as with your ancestors, in defense of the honor and independence of our country, I sincerely wish that none of you may ever have your constancy of mind and strength of body put to so severe a trial as to be compelled, again, in your advanced age to the contemplation and near prospect of any war of offense or defense.

It would neither be consistent with my character nor yours, on this occasion, to read lessons to gentlemen of your education, conduct, and character; if, however, I might be indulged the privilege of a father, I should with the tenderest affection recommend to your serious and constant consideration that science and morals are the great pillars on which this country has been raised to its present population, opulence, and prosperity, and that these alone can advance, support, and preserve it.

Without wishing to damp the ardor of curiosity or influence the freedom of inquiry, I will hazard a prediction that, after the most industrious and impartial researches, the longest liver of you all will find no principles, institutions, or systems of education more fit in general to be transmitted to your posterity than those you have received from your ancestors.

No prospect or spectacle could excite a stronger sensibility in my bosom than this which now presents itself before me. I wish you all the pure joys, the sanguine hopes, and bright prospects which are decent at your age, and that your lives may be long, honorable, and prosperous in the constant practice of benevolence to men and reverence to the divinity, in a country preserving in liberty and increasing in virtue, power, and glory.

The sentiments of this address, everywhere expressed in language as chaste and modest as it is elegant and masterly, which would do honor to the youth of any country, have raised a monument to your fame more durable than brass or marble. The youth of all America must exult in this early sample, at the seat of government, of their talents, genius, and virtues.

America and the world will look to our youth as one of our firmest bulwarks. The generous claim which you now present of sharing in the difficulty, danger, and glory of our defense is to me and to your country a sure and pleasing pledge that your birthrights will never be ignobly bartered or surrendered, but that you will in your turn transmit to future generations the fair inheritance obtained by the unconquerable spirit of your fathers.

Address of the Officers and Soldiers of the Chester Light Infantry Company of Volunteers in the County of Delaware and State of Pennsylvania 25 August 1798

Sir,

In the present eventful crisis of public affairs, we beg leave to approach you with affection and confidence: With affection because we believe its constituted authorities have done all that could be done, consistent with national honor and independence, to preserve peace. Believing with you that “a free republic is the best of governments and the greatest blessing to which mortals can aspire,” it is our fixed determination to give it every support in our power, and we trust that under chiefs who have hitherto so ably conducted our country to independence, there will be no doubt of maintaining it against a foe who has left no arts untried to rob us of it. Averse to war, both as Americans and Christians, we should have been happy to have spent our lives in the enjoyment of peace, but when peace is to be the price of national degradation, and the enjoyment of it, if so purchased, wholly insecure, we have no hesitation in choosing the alternative with a confident reliance on that Providence which on more than one occasion has manifestly interfered for the safety and happiness of the American people.

Under these impressions we offer our best services to our country and beg you to accept of this tender of them, with an assurance that as soon as circumstances require it we are ready to take the field. In the presence of the “God of Armies,” we make the offer and pledge ourselves to fulfill it.

Accept, Sir, our best wishes for your happiness; may you have the felicity of seeing our country permanently placed in that situation of peace and independence which your ardent patriotism and unwearied exertions in the cause of genuine freedom lead us to suppose is the prime wish of your heart.

Answer 17 September 1798

Gentlemen,

The affection and confidence expressed in your obliging address of the twenty-fifth of August is very satisfactory to me. Although there is no truth of which I am more fully convinced than this, which you approve, that “a free republic is the best government and the greatest blessing to which mortals can aspire,” it is too apparent from history and experience that such a government has always too many enemies, both within and without, to be ever secure for any long period of time without a constant preparation and readiness for war. Such a government has always within itself its worst enemies in those who are most clamorous and boisterous in its praise.

The Sedition Act 14 July 1798

French and Irish immigrants usually sympathized with revolutionary France in its war with Britain and voted for Republican opponents of what they perceived as the pro-British policies of the Federalist administrations. On 18 June 1798, Congress passed a new Naturalization Act, extending from five to fourteen years the period of residence required for naturalization. On 25 June, it followed with the Alien Act, which gave the president power to summarily deport any alien whose residence he considered dangerous to the United States. (A nonpartisan Alien Enemies Act, passed on 6 July, authorized the president, in the event of a declared war, to arrest, imprison, or deport the citizens of an enemy power.) Within Congress and without, Republicans would insist that the Alien Act unconstitutionally deprived alien friends of a right to a judicial determination of their fates. Even sharper protests would greet the Sedition Act, which was aimed squarely at American citizens who criticized federal officials and programs.

Section 1. Be it enacted … That if any persons shall unlawfully combine or conspire together with intent to oppose any measure 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, and 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 good behavior in such sum and for such time as the said court may direct.

Section 2. 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 or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the 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 United States, or any act of the President of the United States, done in pursuance 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 United 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 imprisonment not exceeding two years.

Section 3. That if any person shall be prosecuted under this act for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defense, 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.

Section 4. That this act shall continue to be in force until March 3, 1801, and no longer… .

Popular Protest

The Sedition Act was not a laughing matter. It was enforced by a partisan judiciary and a vigilant, High-Federalist secretary of state—all the more rigorously, in fact, once the crisis with France began to ease. Under its provisions or under the common law of seditious libel, all of the most important Republican newspapers in the country and several of the party’s most influential pamphleteers felt the sting of prosecutions. The Argus and the Time Piece, the only Republican newspapers in New York City, were driven out of business. Men were prosecuted under the Sedition Act for offenses as diverse and as trivial as erecting a liberty pole, advocating the act’s repeal, and expressing a drunken wish that cannon firing a salute were shooting at the president’s “arse.” Benjamin Franklin Bache, the grandson of Benjamin Franklin, whose Philadelphia paper, the General-Advertiser, had added the title Aurora to its masthead and replaced the National Gazette as the leading opposition newspaper when the latter went out of business in 1793, was another of its victims. William Duane, the assistant who succeeded Bache at the Aurora after the latter died in the yellow fever epidemic of 1798, was harried by common law proceedings. Neither ever relented in his condemnations of the Federalist regime, starting with this squib:

“Advertisement Extraordinary!!!” (Philadelphia) Aurora 14 July 1798

Orator Mum takes this very orderly method of announcing to his fellow citizens that a THINKING CLUB will be established in a few days at the sign of the Muzzle in Gag Street. The first subject for cogitation will be:

“Ought a Free People to obey laws which violate the constitution they have sworn to support?”

N.B. No member will be permitted to think longer than fifteen minutes.

The Kentucky and Virginia Resolutions

With the Federalists in control of all three branches of the federal government, Jefferson and Madison decided to arouse the states for a counterattack on the repressive legislation of the summer. Jefferson gave a draft of legislative resolutions to John Breckinridge of Kentucky. Madison drafted a second set, which he would give to Virginia’s John Taylor. Breckinridge or his fellow Kentucky legislators softened Jefferson’s resolutions considerably before they passed the state house of representatives on 10 November 1798, replacing his suggestion that the rightful remedy for federal usurpations was a “nullification” of such acts by each state acting on its own with a declaration that unconstitutional acts were “void and of no force” and a call for the other states to join Kentucky in “requesting their repeal.” The authorship of both sets of resolutions was a closely guarded secret until 1809, when Taylor mentioned Madison in print, and Jefferson’s draft of the Kentucky Resolutions would not become public until later still. The two sets of resolutions nevertheless proved hugely controversial at the time, and during the succeeding generation, their elucidation of a compact theory of the Constitution and a doctrine of state interposition against unconstitutional federal laws would become a groundwork for the doctrines of nullification and secession.

thomas jefferson Draft of the Kentucky Resolutions October 1798

1. Resolved, 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 a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general Government for special purposes,—delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; 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: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

2. Resolved, That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offenses against the law of nations, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the States, are reserved to the States respectively, or to the people,” therefore the act of Congress, passed on the 14th day of July, 1798, and entitled “An Act in addition to the act entitled An Act for the punishment of certain crimes against the United States,” as also the act passed by them on the day of June, 1798, entitled “An Act to punish frauds committed on the bank of the United States,” (and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitution), are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory.

3. Resolved, That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that “the 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”; and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same, as this State, by a law passed on the general demand of its citizens, had already protected them from all human restraint or interference. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press”: thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, the act of Congress of the United States, passed on the 14th day of July, 1798, entitled “An Act in addition to the act entitled An Act for the punishment of certain crimes against the United States,” which does abridge the freedom of the press, is not law, but is altogether void, and of no force.

4. Resolved, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the 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,” the act of the Congress of the United States, passed on the day of July, 1798, entitled “An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force.

5. Resolved, That in addition to the general principle, as well as the express declaration, that powers not delegated are reserved, another and more special provision, inserted in the Constitution from abundant caution, has declared that “the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808;” that this commonwealth does admit the migration of alien friends, described as the subject of the said act concerning aliens: that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nugatory: that to remove them when migrated, is equivalent to a prohibition of their migration, and is, therefore, contrary to the said provision of the Constitution, and void.

6. Resolved, That the imprisonment of a person under the protection of the laws of this commonwealth, on his failure to obey the simple order of the President to depart out of the United States, as is undertaken by said act entitled “An Act concerning aliens,” is contrary to the Constitution, one amendment to which has provided that “no person shall be deprived of liberty without due process of law”; and that another having provided that “in all criminal prosecutions the accused shall enjoy the right to public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense,” the same act, undertaking to authorize the President to remove a person out of the United States, who is under the protection of the law, on his own suspicion, without accusation, without jury, without public trial, without confrontation of the witnesses against him, without hearing witnesses in his favor, without defense, without counsel, is contrary to the provision also of the Constitution, is therefore not law, but utterly void, and of no force: that transferring the power of judging any person, who is under the protection of the laws, from the courts to the President of the United States, as is undertaken by the same act concerning aliens, is against the article of the Constitution which provides that “the judicial power of the United States shall be vested in courts, the judges of which shall hold their offices during good behavior”; and the said act is void for that reason also. And it is further to be noted, that this transfer of judiciary power is to that magistrate of the General Government who already possesses all the Executive, and a negative on all legislative powers.

7. Resolved, That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction, at a time of greater tranquillity, while those specified in the preceding resolutions call for immediate redress.

8th. Resolved, That a committee of conference and correspondence be appointed, who shall have in charge to communicate the preceding resolutions to the legislatures of the several States; to assure them that this commonwealth continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their late federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this commonwealth is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this commonwealth, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them; that the General Government may place any act they think proper on the list of crimes, punish it themselves whether enumerated or not enumerated by the Constitution as cognizable by them: that they may transfer its cognizance to the President, or any other person, who may himself be the accuser, counsel, judge and jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction: that a very numerous and valuable description of the inhabitants of these States being, by this precedent, reduced, as outlaws, to the absolute dominion of one man, and the barrier of the Constitution thus swept away from us all, no rampart now remains against the passions and the powers of a majority in Congress to protect from a like exportation, or other more grievous punishment, the minority of the same body, the legislatures, judges, governors, and counsellors of the States, nor their other peaceable inhabitants, who may venture to reclaim the constitutional rights and liberties of the States and people, or who for other causes, good or bad, may be obnoxious to the views, or marked by the suspicions of the President, or be thought dangerous to his or their election, or other interests, public or personal: that the friendless alien has indeed been selected as the safest subject of a first experiment; but the citizen will soon follow, or rather, has already followed, for already has a sedition act marked him as its prey: that these and successive acts of the same character, unless arrested at the threshold, necessarily drive these States into revolution and blood, and will furnish new calumnies against republican government, and new pretexts for those who wish it to be believed that man cannot be governed but by a rod of iron: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism—free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go; and let the honest advocate of confidence read the alien and sedition acts, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits. Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on our President, and the President of our choice has assented to, and accepted over the friendly strangers to whom the mild spirit of our country and its laws have pledged hospitality and protection: that the men of our choice have more respected the bare suspicions of the President, than the solid right of innocence, the claims of justification, the sacred force of truth, and the forms and substance of law and justice. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this commonwealth does therefore call on its co-States for an expression of their sentiments on the acts concerning aliens, and for the punishment of certain crimes herein before specified, plainly declaring whether these acts are or are not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this commonwealth in considering the said acts as so palpably against the Constitution as to amount to an undisguised declaration that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, not merely as the cases made federal (casus foederis), but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories.

9th. Resolved, That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or persons who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of Assembly.

james madison The Virginia Resolutions 21 December 1798

In the House of Delegates

Resolved, that the General Assembly of Virginia doth unequivocally express a firm resolution to maintain and defend the constitution of the United States, and the Constitution of this state, against every aggression, either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

That this Assembly most solemnly declares a warm attachment to the Union of the States, to maintain which, it pledges all its powers; and that for this end, it is their duty, to watch over and oppose every infraction of those principles, which constitute the only basis of that union, because a faithful observance of them, can alone secure its existence, and the public happiness.

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact to which the states are parties; as limited by the plain sense and intention of the instrument constituting that compact; as no farther valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable and dangerous exercise of other powers not granted by the said compact, the states who are parties thereto have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

That the General Assembly doth also express its deep regret that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that indications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of powers in the former articles of confederation were the less liable to be misconstrued) so as to destroy the meaning and effect of the particular enumeration, which necessarily explains and limits the general phrases; and so as to consolidate the states by degrees into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

That the General Assembly doth particularly protest against the palpable and alarming infractions of the constitution, in the two late cases of the “alien and sedition acts,” passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government; and which by uniting legislative and judicial powers, to those of executive, subverts the general principles of free government, as well as the particular organization and positive provisions of the federal constitution: and the other of which acts, exercises in like manner a power not delegated by the constitution, but on the contrary expressly and positively forbidden by one of the amendments thereto; a power which more than any other ought to produce universal alarm, because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right.

That this State having by its convention which ratified the federal constitution, expressly declared, “that among other essential rights, the liberty of conscience and of the press cannot be cancelled, abridged, restrained or modified by any authority of the United States” and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, having with other states recommended an amendment for that purpose, which amendment was in due time annexed to the Constitution, it would mark a reproachful inconsistency and criminal degeneracy, if an indifference were now shown to the most palpable violation of one of the rights thus declared and secured, and to the establishment of a precedent which may be fatal to the other.

That the good people of this Commonwealth having ever felt and continuing to feel the most sincere affection for their brethren of the other states, the truest anxiety for establishing and perpetuating the union of all, and the most scrupulous fidelity to that Constitution which is the pledge of mutual friendship, and the instrument of mutual happiness, the General Assembly doth solemnly appeal to the like dispositions of the other States, in confidence that they will concur with this Commonwealth in declaring, as it does hereby declare, that the acts aforesaid are unconstitutional, and that the necessary and proper measures will be taken by each, for cooperating with this State in maintaining unimpaired the authorities, rights, and liberties, reserved to the States respectively, or to the people.

That the Governor be desired to transmit a copy of the foregoing resolutions to the Executive authority of each of the other States, with a request, that the same may be communicated to the Legislature thereof.

And that a copy be furnished to each of the Senators and Representatives, representing this State in the Congress of the United States.

State Replies to the Resolutions

Ten of the fourteen other states responded to Kentucky and/or Virginia, in every case condemning state interference in the federal sphere. The resolutions of Rhode Island and New Hampshire were representative in content and tone.

The State of Rhode Island and Providence Plantations to Virginia February 1799

Certain resolutions of the Legislature of Virginia, passed on the 21st of December last, being communicated to the Assembly,—

1. Resolved, That, in the opinion of this legislature, the second section of the third article of the Constitution of the United States, in these words, to wit—“The judicial power shall extend to all cases arising under the laws of the United States”—vests in the federal courts, exclusively, and in the Supreme Court of the United States, ultimately, the authority of deciding on the constitutionality of any act or law of the Congress of the United States.

2. Resolved, That for any state legislature to assume that authority would be—

1st. Blending together legislative and judicial powers;

2nd. Hazarding an interruption of the peace of the states by civil discord, in case of a diversity of opinions among the state legislatures; each state having, in that case, no resort for vindicating its own opinions but the strength of its own arm;

3rd. Submitting most important questions of law to less competent tribunals; and,

4th. An infraction of the Constitution of the United States, expressed in plain terms.

3. Resolved, That although, for the above reasons, this legislature, in their public capacity, do not feel themselves authorized to consider and decide on the constitutionality of the Sedition and Alien Laws (so called), yet they are called upon by the exigency of this occasion to declare that, in their private opinions, these laws are within the powers delegated to Congress, and promotive of the welfare of the United States.

4. Resolved, That the governor communicate these resolutions to the supreme executive of the state of Virginia and at the same time express to him that this legislature cannot contemplate, without extreme concern and regret, the many evil and fatal consequences which may flow from the very unwarrantable resolutions aforesaid… .

New Hampshire Resolution on the Virginia and Kentucky Resolutions 15 June 1799

The legislature of New Hampshire, having taken into consideration certain resolutions of the General Assembly of Virginia, dated December 21, 1798; also certain resolutions of the legislature of Kentucky, of the 10th of November 1798—

Resolved, That the legislature of New Hampshire unequivocally express a firm resolution to maintain and defend the Constitution of the United States, and the constitution of this state, against every aggression, either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

That the state legislatures are not the proper tribunals to determine the constitutionality of the laws of the general government; that the duty of such decision is properly and exclusively confided to the judicial department.

That if the legislature of New Hampshire, for mere speculative purposes, were to express an opinion on the acts of the general government commonly called “the Alien and Sedition Bills,” that opinion would unreservedly be that those acts are constitutional and, in the present critical situation of our country, highly expedient.

That the constitutionality and expediency of the acts aforesaid have been very ably advocated and clearly demonstrated by many citizens of the United States, more especially by the minority of the General Assembly of Virginia. The legislature of New Hampshire, therefore, deem it unnecessary, by any train of arguments, to attempt further illustration of the propositions, the truth of which, it is confidently believed, at this day, is very generally seen and acknowledged.

Congressional Report Defending the Alien and Sedition Laws 21 February 1799

The committee to whom were referred the memorials of sundry inhabitants … , complaining of the act entitled “An act concerning aliens,” and other late acts of Congress, submit the following report:

It is the professed object of these petitions to solicit a repeal of two acts passed during the last session of Congress, the one “An act concerning aliens,” the other “An act in addition to an act for the punishment of certain crimes against the United States,” on the ground of their being unconstitutional, oppressive, and impolitic.

The committee cannot, however, forbear to notice that the principal measures hitherto adopted for repelling the aggressions and insults of France have not escaped animadversion.

Complaints are particularly directed against the laws providing for a navy; for augmenting the army; authorizing a provisional army and corps of volunteers; for laying a duty on stamped vellum, parchment, and paper; assessing and collecting direct taxes; and authorizing loans for the public service.

With these topics of complaint, in some of the petitions, are intermingled invectives against the policy of the government from an early period and insinuations derogatory to the character of the legislature and of the administration… .

The act concerning aliens and the act in addition to the act entitled an act for the punishment of certain crimes shall be first considered.

Their constitutionality is impeached. It is contended that Congress have no power to pass a law for removing aliens.

To this it is answered that the asylum given by a nation to foreigners is mere matter of favor, resumable at the public will. On this point abundant authorities might be adduced, but the common practice of nations attests the principle.

The right of removing aliens, as an incident to the power of war and peace, according to the theory of the Constitution, belongs to the government of the United States. By the fourth section of the fourth article of the Constitution, Congress is required to protect each state from invasion, and is vested by the eighth section of the fifth article with power to make all laws which shall be proper to carry into effect all powers vested by the Constitution in the government of the United States or in any department or officer thereof; and to remove from the country, in times of hostility, dangerous aliens, who may be employed in preparing the way for invasion, is a measure necessary for the purpose of preventing invasion and, of course, a measure that Congress is empowered to adopt… .

This law is said to violate that part of the Constitution which provides that the trial of all crimes, except in cases of impeachment, shall be by jury; whereas this act invests the President with power to send away aliens on his own suspicion, and thus to inflict punishment without trial by jury.

It is answered, in the first place, that the Constitution was made for citizens, not for aliens, who of consequence have no rights under it, but remain in the country and enjoy the benefit of the laws, not as matter of right, but merely as matter of favor and permission; which favor and permission may be withdrawn whenever the government charged with the general welfare shall judge their further continuance dangerous.

It is answered, in the second place, that the provisions in the Constitution relative to presentment and trial of offenses by juries, do not apply to the revocation of an asylum given to aliens. Those provisions solely respect crimes, and the alien may be removed without having committed any offense, merely from motives of policy or security. The citizen, being a member of society, has a right to remain in the country, of which he cannot be disfranchised, except for offenses first ascertained on presentment and trial by jury.

It is answered, thirdly, that the removal of aliens, though it may be inconvenient to them, cannot be considered as a punishment inflicted for an offense, but, as before remarked, merely the removal from motives of general safety of an indulgence which there is danger of their abusing, and which we are in no manner bound to grant or continue.

The “Act in addition to an act entitled an act for the punishment of certain crimes against the United States,” commonly called the “sedition act,” contains provisions of a two-fold nature: first, against seditious acts; and, second, against libelous and seditious writings. The first have never been complained of, nor has any objection been made to its validity. The objection applies solely to the second; and on the ground, in the first place, that Congress have no power by the Constitution to pass any act for punishing libels, no such power being expressly given; and all powers not given to Congress being reserved to the states, respectively, or the people thereof.

To this objection it is answered that a law to punish false, scandalous, and malicious writings against the government, with intent to stir up sedition, is a law necessary for carrying into effect the power vested by the Constitution in the government of the United States and in the departments and officers thereof, and, consequently, such a law as Congress may pass; because the direct tendency of such writings is to obstruct the acts of the government by exciting opposition to them, to endanger its existence, by rendering it odious and contemptible in the eyes of the people, and to produce seditious combinations against the laws, the power to punish which has never been questioned; because it would be manifestly absurd to suppose that a government might punish sedition and yet be void of power to prevent it by punishing those acts which plainly and necessarily lead to it; and because, under the general power to make all laws proper and necessary for carrying into effect the powers vested by the Constitution in the government of the United States, Congress has passed many laws for which no express provision can be found in the Constitution, and the constitutionality of which has never been questioned; such as the first section of the act now under consideration, for punishing seditious combinations; the act passed during the present session for punishing persons who, without authority from the government, shall carry on any correspondence relative to foreign affairs with any foreign government; the act for the punishment of certain crimes against the United States, which defines and punishes misprision of treason; the tenth and twelfth sections, which declare the punishment of accessories to piracy, and of persons who shall confederate to become pirates themselves, or to induce others to become so; the fifteenth section, which inflicts a penalty on those who steal or falsify the record of any court of the United States; the eighteenth and twenty-first sections, which provide for the punishment of persons committing perjury in any court of the United States, or attempting to bribe any of their judges; the twenty-second section, which punishes those who obstruct or resist the process of any court of the United States; and the twenty-third, against rescuing offenders who have been convicted of any capital offense before those courts; provisions, none of which are expressly authorized, but which have been considered as constitutional because they are necessary and proper for carrying into effect certain powers expressly given to Congress.

It is objected to this act, in the second place, that it is expressly contrary to that part of the Constitution which declares that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the liberty of the press.” The act in question is said to be an abridgment of the liberty of the press and therefore unconstitutional.

To this it is answered, in the first place, that the liberty of the press consists, not in a license for every man to publish what he pleases, without being liable to punishment if he should abuse this license to the injury of others, but in a permission to publish, without previous restraint, whatever he may think proper, being answerable to the public and individuals for any abuse of this permission to their prejudice; in like manner as the liberty of speech does not authorize a man to speak malicious slanders against his neighbor, nor the liberty of action justify him in going by violence into another man’s house, or in assaulting any person whom he may meet in the streets. In the several states the liberty of the press has always been understood in this manner, and no other; and the constitution of every state which has been framed and adopted since the Declaration of Independence asserts “the liberty of the press;” while in several, if not all, their laws provide for the punishment of libellous publications, which would be a manifest absurdity and contradiction if the liberty of the press meant to publish any and every thing without being amenable to the laws for the abuse of this license. According to this just, legal, and universally admitted definition of “the liberty of the press,” a law to restrain its licentiousness in publishing false, scandalous, and malicious libels against the government, cannot be considered as an “abridgment” of its “liberty.”

It is answered, in the second place, that the liberty of the press did never extend, according to the laws of any state, or of the United States, or of England, from whence our laws are derived, to the publication of false, scandalous, and malicious writings against the government, written or published with intent to do mischief, such publications being unlawful and punishable in every state; from whence it follows, undeniably, that a law to punish seditious and malicious publications is not an abridgment of the “liberty of the press”; for it would be a manifest absurdity to say that a man’s liberty was abridged by punishing him for doing that which he never had a liberty to do.

It is answered, thirdly, that the act in question cannot be unconstitutional because it makes nothing penal that was not penal before, and gives no new powers to the court, but is merely declaratory of the common law and useful for rendering that law more generally known and more easily understood. This cannot be denied if it be admitted, as it must be, that false, scandalous, and malicious libels against the government of the country, published with intent to do mischief, are punishable by the common law; for, by the second section of the third article of the Constitution, the judicial power of the United States is expressly extended to all offenses arising under the Constitution. By the Constitution, the government of the United States is established, for many important objects, as the government of the country; and libels against that government, therefore, are offenses arising under the Constitution, and consequently are punishable at common law by the courts of the United States. The act, indeed, is so far from having extended the law and the power of the court, that it has abridged both and has enlarged instead of abridging the “liberty of the press”; for, at common law, libels against the government might be punished with fine and imprisonment at the discretion of the court, whereas the act limits the fine to two thousand dollars and the imprisonment to two years; and it also allows the party accused to give the truth in evidence for his justification, which, by the common law, was expressly forbidden.

And lastly, it is answered that had the Constitution intended to prohibit Congress from legislating at all on the subject of the press, which is the construction whereon the objections to this law are founded, it would have used the same expressions as in that part of the clause which relates to religion and religious tests; whereas the words are wholly different: “Congress,” says the Constitution [First Amendment], “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or the press.” Here it is manifest that the Constitution intended to prohibit Congress from legislating at all on the subject of religious establishments, and the prohibition is made in the most express terms. Had the same intention prevailed respecting the press, the same expressions would have been used, and Congress would have been “prohibited from passing any law respecting the press.” They are not, however, “prohibited” from legislating at all on the subject, but merely from abridging the liberty of the press. It is evident they may legislate respecting the press, may pass laws for its regulation, and to punish those who pervert it into an engine of mischief, provided those laws do not “abridge” its “liberty.” Its liberty, according to the well-known and universally admitted definition, consists in permission to publish, without previous restraint upon the press, but subject to punishment afterwards for improper publications. A law, therefore, to impose previous restraint upon the press, and not one to inflict punishment on wicked and malicious publications, would be a law to abridge the liberty of the press, and, as such, unconstitutional.

The foregoing reasoning is submitted as vindicating the validity of the laws in question.

Although the committee believe that each of the measures adopted by Congress during the last session is susceptible of an analytical justification on the principles of the Constitution and national policy, yet they prefer to rest their vindication on the true ground of considering them as parts of a general system of defense, adapted to a crisis of extraordinary difficulty and danger.

It cannot be denied that the power to declare war, to raise and support armies, to provide and maintain a navy, to suppress insurrections, and repel invasions, and also the power to defray the necessary expense by loans or taxes, is vested in Congress. Unfortunately for the present generation of mankind, a contest has arisen and rages with unabated ferocity, which has desolated the fairest portions of Europe and shaken the fabric of society through the civilized world. From the nature and effects of this contest, as developed in the experience of nations, melancholy inferences must be drawn, that it is unsusceptible of the restraints which have either designated the objects, limited the duration, or mitigated the horrors of national contentions. In the internal history of France, and in the conduct of her forces and partisans in the countries which have fallen under her power, the public councils of our country were required to discern the dangers which threatened the United States, and to guard not only against the usual consequences of war, but also against the effects of an unprecedented combination to establish new principles of social action on the subversion of religion, morality, law, and government. Will it be said that the raising of a small army and an eventual provision for drawing into the public service a considerable proportion of the whole force of the country was, in such a crisis, unwise or improvident?

If such should be the assertion, let it be candidly considered whether some of our fertile and flourishing states did not, six months since, present as alluring objects for the gratification of ambition or cupidity as the inhospitable climate of Egypt. What then appeared to be the comparative difficulties between invading America and subverting the British power in the East Indies? If this was a professed, not real object of the enterprise, let it be asked if the Sultan of the Ottoman empire was not really the friend of France at the time when his unsuspecting dependencies were invaded; and whether the United States were not, at the same time, loaded with insults and assailed with hostility? If, however, it be asserted that the system of France is hostile only to despotic or monarchical governments, and that our security arises from the form of our Constitution, let Switzerland, first divided and disarmed by perfidious seductions, now agonized by relentless power, illustrate the consequences of similar credulity. Is it necessary at this time to vindicate the naval armament? Rather may not the inquiry be boldly made, whether the guardians of the public weal would not have deserved and received the reproaches of every patriotic American if a contemptible naval force had been longer permitted to intercept our necessary supplies, destroy our principal source of revenue, and seize, at the entrance of our harbors and rivers, the products of our industry destined to our foreign markets? If such injuries were at all to be repelled, is not the restriction which confined captures by our ships solely to armed vessels of France a sufficient proof of our moderation?

If, therefore, naval and military preparations were necessary, a provision of funds to defray the consequent expenses was of course indispensable; a review of all the measures that have been adopted since the establishment of the government will prove that Congress have not been unmindful of the wishes of the American people to avoid an accumulation of the public debt; and the success which has attended these measures affords conclusive evidence of the sincerity of their intentions. But to purchase sufficient quantities of military supplies to establish a navy and provide for all the contingencies of an army without recourse to new taxes and loans, was impracticable; both measures were, in fact, adopted. In devising a mode of taxation, the convenience and ease of the least wealthy class of the people were consulted as much as possible; and, although the expenses of assessment have furnished a topic of complaint, it is found that the allowances are barely sufficient to ensure the execution of the law, even aided as they are by the disinterested and patriotic exertions of worthy citizens; besides, it ought to be remembered that the expenses of organizing a new system should not, on any principle, be regarded as a permanent burden on the public.

In authorizing a loan of money, Congress have not been inattentive to prevent a permanent debt; in this particular, also, the public opinion and interest have been consulted. On considering the law, as well as the manner in which it is proposed to be carried into execution, the committee are well satisfied in finding any excess in the immediate charge upon the revenue is likely to be compensated by the facility of redemption which is secured to the government.

The alien and sedition acts, so called, form a part, and in the opinion of the committee an essential part, in these precautionary and protective measures adopted for our security.

France appears to have an organized system of conduct towards foreign nations to bring them within the sphere and under the dominion of her influence and control. It has been unremittingly pursued under all the changes of her internal polity. Her means are in wonderful coincidence with her ends: among these, and not least successful, is the direction and employment of the active and versatile talents of her citizens abroad as emissaries and spies. With a numerous body of French citizens and other foreigners, and admonished by the passing scenes in other countries as well as by aspects in our own, knowing they had the power, and believing it to be their duty, Congress passed the law respecting aliens, directing the dangerous and suspected to be removed and leaving to the inoffensive and peaceable a safe asylum.

The principles of the sedition law, so called, are among the most ancient principles of our governments. They have been engrafted into statutes, or practiced upon as maxims of the common law, according as occasion required. They were often and justly applied in the revolutionary war. Is it not strange that now they should first be denounced as oppressive, when they have long been recognized in the jurisprudence of these States?

The necessity that dictated these acts, in the opinion of the committee, still exists.

So eccentric are the movements of the French government that we can form no opinion of their future designs towards our country. They may recede from the tone of menace and insolence to employ the arts of seduction, before they astonish us with their ultimate designs. Our safety consists in the wisdom of the public councils, a cooperation, on the part of the people with the government, by supporting the measures provided for repelling aggressions, and an obedience to the social laws.

After a particular and general review of the whole subject referred to their consideration, the committee see no ground for rescinding these acts of the legislature. The complaints preferred by some of the petitioners may be fairly attributed to a diversity of sentiment naturally to be expected among a people of various habits and education, widely dispersed over an extensive country; the innocent misconceptions of the American people will, however, yield to reflection and argument, and from them no danger is to be apprehended.

In such of the petitions as are conceived in a style of vehement and acrimonious remonstrance, the committee perceive too plain indications of the principles of that exotic system which convulses the civilized world. With this system, however organized, the public councils cannot safely parley or temporize, whether it assumes the guise of patriotism to mislead the affections of the people; whether it be employed in forming projects of local and eccentric ambition, or shall appear in the more generous form of open hostility, it ought to be regarded as the bane of public as well as private tranquillity and order.

Those to whom the management of public affairs is now confided cannot be justified in yielding any established principles of law or government to the suggestions of modern theory; their duty requires them to respect the lessons of experience and transmit to posterity the civil and religious privileges which are the birthright of our country, and which it was the great object of our happy Constitution to secure and perpetuate.

Impressed with these sentiments, the committee beg leave to report the following resolutions:

Resolved, that it is inexpedient to repeal the act passed the last session, entitled “An act concerning aliens.”

Resolved, That it is inexpedient to repeal the act passed the last session, entitled “An act in addition to the act entitled lsquo;An act for the punishment of certain crimes against the United States.’”

Resolved, That it is inexpedient to repeal any of the laws respecting the navy, military establishment, or revenue of the United States.

james madison The Report of 1800