CHAPTER XV

AT HOME--"RESOLUTIONS OF '98 AND '99"

Mr. Madison, in retiring for a time from public office, did not lose his

interest in public affairs. Of few Americans can it be said with more

truth that he had a genius for politics, and the subject, wherever he

might be, was never out of his mind. There is not much else in the

volumes of his published letters, while there is just enough else to

show that in these he said all he had to say about anything. His more

ambitious writings, the papers in "The Federalist," the essay on The

British Doctrine of Neutral Trade, his controversial articles in the

newspapers under various pseudonyms, are all political, all able, and

all of great value as a part of the history of the times. Those which

are controversial, however, must be taken, like his letters, as aids to

knowledge rather than as definite conclusions to be accepted without

question. It does not detract from the value of these letters, however,

that they are written from the point of view of a party leader. Affairs

of only temporary importance sometimes loom up before him merely because

of their influence upon some immediate party movement; and others, of

far-reaching consequences, which have no such bearing, escape his

notice altogether; but the reader soon learns that he may, at any rate,

confide in the sincerity of the writer, and accept as freely the reasons

given for his course as they are frankly stated.

Of the literary value of his writings, aside from their historical

interest, there is not much to be said, though Mr. Madison always wrote,

even in his letters, as if writing for posterity. He was not felicitous

in the use of language; the style is turgid, heavy with resounding words

of many syllables, unillumined by any ray of imagination, any flash of

wit or of humor; and the sentences are often involved and badly put

together. But there is a genuineness, an evident sincerity of purpose,

in all he wrote, and occasionally an expression of deep feeling, which

are always impressive. We search for glimpses of his private life and

character in such letters, for they are not easily apparent. In one

sense he had no private life, or, at least, none that was not so

subordinate to his public career that there was little in it either

significant or attractive. There is, in this respect, a marked contrast

between his correspondence and that of Jefferson. There was, possibly, a

little affectation in Jefferson's frequent assertions of his intense

desire for the quiet of the country and the tranquillity of home, and of

his distaste for the turmoils and anxieties of public office. But he was

certainly fond of country life, with the leisure to potter about among

his sheep and his trees; to watch the growth of his wheat and his

clover; to contrive new coulters for his plows; to talk of philosophy,

of the Social Contract, of mechanics, and of natural history: if he was

averse to public life, it was not because political power and

distinction were a burden to him, except as they brought with them

strife and unpopularity, which truly his soul loathed for himself,

though he rather liked to set other people by the ears. His private life

was unquestionably as full of interest to himself as it is entertaining

to look upon in the unconscious revelation of his own letters.

But with Madison it was apparently quite otherwise. He unbent with

difficulty. Always solemn and dignified, it was rather painful than

pleasant to him to stoop to the petty matters of every-day existence. He

had no small affectations, and was not forever asserting that he was

without ambition; as if that, without which nobody is of much use in the

world either to himself or to others, were a weakness akin to depravity.

With brief intervals, covering only a few months altogether, he was

where he best liked to be, from his entrance upon public life in 1775

till he stepped down in 1817 from that political elevation beyond which

there are no ascending steps. During these forty-two years he found a

certain enjoyment in a country home for a little while at a time, but it

was chiefly the enjoyment of needed rest from official labor. The price

of tobacco and the promise of the wheat crop interested him then, but

only as they interested him always as a source of his own income, and

as the index to the general prosperity. At the end of a letter upon

political matters, he announces with satisfaction that his merino ewe

has dropped a lamb, and both mother and offspring are as well as could

be expected; but it was probably Mr. Jefferson's gratification rather

than his own that he had in mind, for it was Mr. Jefferson who had

imported the sheep. Again, in a similar letter, he takes a little

remaining space to express a hope that Mr. Jefferson may permit the use

of the rams of that flock to improve the breed of the native stock; not,

apparently, that he cared so much about wool as that he wished to show a

courteous and friendly interest in one of Mr. Jefferson's many projects

for the improvement of things generally.

It was probably during the year of comparative leisure after he left

Congress that Mr. Madison built his house at Montpellier, though some

question has been raised on this point. He certainly was building a

house at that time, and it is not likely that he ever employed himself

in that way more than once. Scattered among discussions of Alien and

Sedition Laws, the war in Europe, free goods in neutral ships, and other

public topics, are brief allusions to lathing nails which he depended

upon Mr. Jefferson to supply; that gentleman having recently set up a

machine for their manufacture, which, however, like a good many other of

his contrivances, seems to have had a hitch in it. So also he asks the

Vice-President to see to it that, when the window-glass and the pulleys

are forwarded, the "chord" for the latter shall not be forgotten; and

orders for other articles, only to be found in Philadelphia, are sent to

his obliging friend. Mr. Jefferson, it is easy to believe, found them

rather the most interesting part of the political letters to which they

were appended; and he was quite willing, no doubt, to relieve the tedium

of presiding over the Senate by searching through the Market Street

shops for the latest improvements in builders' hardware. To Mr. Monroe,

Madison wrote that, as he is sending off a wagon to fetch nails for his

carpenters, "it will receive the few articles which you have been so

good as to offer from the superfluities of your stock, and which

circumstances will permit me now to lay in." Evidently he was getting

ready to go to housekeeping with his young wife. Monroe's stock of

household goods had been replenished, perhaps by importations from

France on his recent return, and he was disposing of his old supplies,

by gift or sale, among his neighbors. Madison, at any rate, sends this

modest list of what he would like to have: "To wit, two table-cloths for

a dining-room of about eighteen feet; two, three, or four, as may be

convenient, for a more limited scale; four dozen napkins, which will not

in the least be objectionable for having been used; and two mattresses."

It was not an extravagant outfit, even though it had not been meant

for one of those lordly Virginia homes of which some modern historians

give us such charming pictures. "We are so little acquainted,"--Mr.

Madison continues in that stately way which nothing ever surprised him

into forgetting,--"we are so little acquainted with the culinary

utensils in detail that it is difficult to refer to such by name or

description as would be within our wants."

But pots and kettles,--though that may not be the name they were known

by in Virginia,--table-cloths and mattresses, however moderate in

number, are sure indications that the house, which was to be his

residence when he should be content to retire from public service, was

finished early in 1798. He had rested long enough, and was busy that

year in attendance upon the state Assembly at Richmond, to which he

consented the next year to be returned as a member. Perhaps it was

because he could not keep longer out of the fray. Perhaps he felt called

to a special duty. Affairs, foreign and domestic, were in a critical

condition. France, in her resentment at the Jay treaty, had committed so

many fresh outrages upon American commerce; had so exasperated the

American people by these outrages; and, by refusing to receive the

ministers from the United States, had so insulted them and the

government they represented in the proposed arrangements,--disclosed in

the X. Y. Z. correspondence,--that all friendly relations between the

two countries had ceased, and it had seemed impossible that war could be

avoided.

For a while the popular sympathy was entirely with Mr. Adams's

administration, and the promise could hardly be fairer that the

Federalists, if they managed wisely, might remain in power and be

sustained by the whole country. But in some respects they were as unwise

as in others they were unfortunate. President Adams, though possessing

many great qualities, was of too irascible and jealous a temper to be a

successful leader or a good ruler. But there were other men of

distinction among the Federalists who were hardly less fond of having

their own way than the President was of having his. The incompatibility

of temper was not altogether on one side in that family quarrel. But all

were equally responsible for such a blunder as the enactment of the

Alien and Sedition Laws. The provocation, it is true, was unquestionably

great. Refugees from abroad had crowded to the United States, many of

whom were professional agitators, and some were very sorry vagabonds.

Whatever reason they might have had for fomenting discontent with

government in England or in France, there was nothing to justify any

such violent measures in this country. But from their conduct as

political partisans, particularly as newspaper editors, they soon came

to be looked upon by the Federalists--for they all joined the other

party--as a dangerous class. There grew up a feeling that it would be

wiser for civil affairs to remain, in city, state, and nation, in the

hands of those who were born and educated under republican

institutions, and not to fall altogether under control of those who were

alien in blood and religion, and who were inclined to look upon

politics, not in the light of the citizen's duty to the common weal, but

as an easy and profitable calling where the least scrupulous scoundrel

could gather the largest share of spoils. It may be that the authors of

those laws were so determined to forestall the apprehended evils of such

a dispensation because use had not accustomed them, as it has later

generations of American citizens, to live under it in humility if not

content. Or, perhaps, they wanted that profound faith of our time that

the longer this subversion of government is submitted to, the easier it

will be to get back to the rule of the honest and wise.

But, at any rate, whatever their reasons, they meant by these laws

relating to aliens to put the acquirement of citizenship under more

stringent regulations, and to check the growth and promulgation of

seditious doctrines. If it be true, as is sometimes maintained with some

plausibility, that citizens, to be intrusted with self-government,

should be endowed with a certain degree of intelligence and virtue, then

the aim of the framers of the laws, in the first case, was a good one;

and, in the second case, the country has had some experience in later

times which tends to show that they were not altogether wrong in

believing that doctrines and practices which may lead to insurrection

and civil war might best be met, so far as is possible, at the outset.

Nevertheless, the laws, under the circumstances of the time, were

ill-considered and injudicious. For one reason, they put an efficient

weapon into the hands of the opposition at a moment when it was at a

loss where to turn for one. "Anglicism" and "British gold" were

blunderbusses which, in the present popular irritation against France,

had for a time lost their usefulness, and were apt to miss fire. But an

appeal to a generous and impulsive people on behalf of the unfortunate

refugees, who had fled from the tyranny of the Old World to find liberty

and a home in the New, was sure to be listened to. A good many, besides

those who assumed that republicanism and the rights of man were in their

special keeping, believed that an unfortunate class had been dealt with

hastily, and even cruelly. The clamor, once begun, told heavily against

the Federalists. They could be denounced now, not only as the enemies of

liberty in France, but as refusing it to men of any nation or any race

who should seek it in the United States,--it being, of course,

understood that races of black or yellow complexion need not apply. It

was, indeed, advanced as an argument against one of the acts,--which

gave the President power to order out of the country all aliens whose

presence he thought dangerous,--that it might be used to prevent the

importation of persons from Africa. On this point Mr. Gallatin, a native

of Switzerland, was exceedingly anxious lest there be a violation of

the Constitution. But the outrage upon the rights of man here

apprehended was the right of white men to make black men slaves.

Against the enactment of these laws Mr. Jefferson did nothing as

Vice-President. But whatever was his motive for official inaction, it

was not because he approved them. He wrote the Kentucky "resolutions of

'98,"--the strongest protest that could be made against them, and to be

thenceforth held by nullifiers and secessionists as their covenant of

faith. But he acted secretly, taking counsel only with George Nicholas

of Kentucky and William C. Nicholas of Virginia (brothers), and,

Hildreth says, "probably with Madison." The resolutions were to be

offered in the Kentucky legislature by George Nicholas, and, with some

modifications, were passed by that body in November. A year afterward

other resolutions were passed to reassert the opinions of the previous

session, and to record against the laws the "solemn protest" of the

legislature; and further declaring "that a nullification by those

sovereignties [the States] of all unauthorized acts done under color of

that instrument [the Constitution] is the rightful remedy." In the

resolutions which Mr. Jefferson had prepared for Nicholas the year

before, this essential doctrine is found in that portion which Nicholas

had omitted, in these words,--"where powers are assumed which have not

been delegated, a nullification of the act is the rightful remedy." As

originally prepared, the resolutions were found in Jefferson's

handwriting after his death. Hildreth's conjecture that Madison, as well

as the brothers Nicholas, was consulted in the preparation of these

resolutions, rests only on circumstantial evidence. The Kentucky

resolutions were passed in November; those of Virginia in December; the

former were written by Jefferson, the latter by Madison; and the

doctrines in each are essentially the same. It would have been a

perfectly natural thing for the two friends to consult together upon a

measure of so much importance; there is no reason why they should not

have done so; and these coincidences suggest that they probably did.

Jefferson clearly shirked the responsibility of an act which he knew

would endanger the Union; but Madison made no secret, so far as can be

seen now, of his going to Richmond, though not a member of the Assembly,

apparently for the express purpose of writing these resolutions and

urging their adoption. But Jefferson was not a man of courage even in

doing that which he believed to be wise. In Madison it was only the

conscience that was timid; and having once convinced himself that the

thing he proposed to do was right, he was always ready to face the

consequences. It may be that neither of them foresaw that the real

importance of this particular act was rather prospective than immediate;

and if so, their conduct is to be measured by its instant purpose. If

Jefferson meant then and there to dissolve the Union, or even to

weaken the constitutional bond that held it together, he was not

overcautious in keeping out of sight. But if Madison's intention was to

strengthen the Union by withstanding what he believed to be a perilous

violation of the Constitution, then his courage, though it is to be

commended, is not to be wondered at. That, he said, was his motive, and

to defend the resolutions and his own part in regard to them was the

chief interest and serious labor of the latter years of his life. He was

elected a member of the Assembly for the session of 1799-1800, probably

because he and his friends thought his official presence desirable when

the subject should again come up for consideration at the reading of the

replies from other States, to all which the resolutions had been sent.

The report on those replies was also written by him, and the position

taken the year before was therein reaffirmed, explained, and elaborated

at length.

In 1827-28 the doctrines of nullification and of secession were assumed

to be the legitimate corollary of the Kentucky and Virginia resolutions

of 1798 and 1799. Jefferson was dead; but Madison felt called upon to

deny, in his own defense and the defense of the memory of his friend,

that there was any similarity between them. From 1830 to 1836 his mind

seems to have been chiefly occupied with this subject, upon which he

wrote many letters, and a paper of thirty pages, entitled "On

Nullification," which bears the date of 1835-36, the latter year being

the last of his life. He resents the charge of any political

inconsistency in the course of his long career, and most of all such an

inconsistency as would impugn his attachment to the Constitution and the

Union. The resolutions of 1798, he maintains, do not and were not meant

to assert a right in any one State to arrest or annul an act of the

general government, as that is a right that can only belong to them

collectively. Nullification and Secession he denounces as "twin

heresies," that "ought to be buried in the same grave." "A political

system," he declares, "which does not contain an effective provision for

a peaceable decision of all controversies arising within itself would be

a government in name only." He asserts that "the essential difference

between a free government and governments not free is that the former is

founded in compact, the parties to which are mutually and equally bound

by it. Neither of them, therefore, can have a greater right to break off

from the bargain than the other or others have to hold them to it.... It

is high time that the claim to secede at will should be put down by the

public opinion." What,--he writes to another friend,--"what can be more

preposterous than to say that the States, as united, are in no respect

or degree a nation, which implies sovereignty, ... and on the other

hand, and at the same time, to say that the States separately are

completely nations and sovereigns?... The words of the Constitution are

explicit, that the Constitution and laws of the United States shall be

supreme over the Constitution and laws of the several States; supreme in

their exposition and execution, as well as in their authority. Without a

supremacy in these respects, it would be like a scabbard, in the hand of

a soldier, without a sword in it." Abraham Lincoln might have said this

twenty-eight years later when he determined that his first duty as

President was to suppress insurrection.

Such is the drift of the many pages Mr. Madison wrote upon the subject

during the last five or six years of his life. He looked then, whatever

he may have thought in the closing years of the preceding century, upon

the United States as a nation, and not as a confederacy having its parts

held together only by "a treaty or league" called a constitution. But

his object is to show that there is nothing inconsistent in the

resolutions of 1798 with these opinions upon the sovereignty of the

United States; that he held them just as strongly then as he held them

now; and that they, and he as their author, looked to the States as a

whole, not to a single State, to find and apply a remedy, in a

constitutional way, for an unconstitutional measure of which an

administration of the government might be guilty. His position is

maintained with all the acuteness, ingenuity, and logical skill which

mark his earlier writings. There is no sign of failure of mental power,

of which those accused him who could not answer him. Such an imputation

he resented with as much indignation as he did a charge of

inconsistency, which here could only mean falsehood. There is no

possibility, then, of misunderstanding his opinions during the last six

years of his life; and the world has no right to doubt his repeated and

earnest assurances that these were his opinions when he wrote the

resolutions of 1798. It can only be said that the construction he gave

them thirty years afterward is opposed to the universal understanding of

them at the time they were written.

But if his defense of himself be considered complete, it is not even

specious when presented on behalf of Jefferson. Mr. Madison wrote in

1830: "That the term 'nullification' in the Kentucky resolutions belongs

to those of 1799, with which Mr. Jefferson had nothing to do.... The

resolutions of 1798, drawn by him, contain neither that nor any

equivalent term." It was not then generally known, whether Mr. Madison

knew it or not, that one of the resolutions and part of another which

Jefferson wrote to be offered in the Kentucky legislature in 1798 were

omitted by Mr. Nicholas, and that therein was the assertion already

quoted,--"where powers are assumed which have not been delegated, a

nullification of the act is the rightful remedy." The next year, when

additional resolutions were offered by Mr. Breckenridge, this idea, in

similar though not in precisely the same language, was presented in the

words, "that a nullification by those sovereignties [the States] of all

unauthorized acts, done under color of that instrument, is the rightful

remedy." In 1832, this fact, on the authority of Jefferson's grandson

and executor, was made public; and, further, that another declaration of

Mr. Jefferson's in the resolution not used was an exhortation to the

co-States "that each will 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." All this must have been known to

Mr. Madison then, if not before. Yet, three years later, in that paper

"On Nullification" which has been mentioned, he wrote: "The amount of

this modified right of nullification is, that a single State may arrest

the operation of a law of the United States.... And this newfangled

theory is attempted to be fathered on Mr. Jefferson, the apostle of

republicanism." It would be charitable here to believe that there was

some lapse of memory in these latter days, and that he had forgotten

that Jefferson was, above all things, his own words being witness, the

apostle of nullification.

The Alien and Sedition Laws--of which the more obnoxious of the former

was never enforced, and the latter expired by limitation in two

years--had their influence in the presidential election of 1800. But it

was due more to differences between the President and some of the

leaders of the Federal party that that party lost its hold upon power,

never to be regained. With the election of Jefferson, Madison entered

upon another sphere of duty, which was politically a promotion, but

where his influence, if it was so large, was not so evident as when an

active leader of his party. It was at Mr. Jefferson's "pressing desire,"

Mr. Madison himself says, in a letter written many years afterward, that

he took the office of secretary of state. In the same letter he explains

that he had declined an executive appointment under Washington, because,

in taking a seat in the House of Representatives, he would be less

exposed to the imputation of selfish views in the part he had taken in

"the origin and adoption of the Constitution;" because there, if

anywhere, he could be of service in sustaining it against its

adversaries, especially as it was, "in its progress, encountering trials

of a new sort in the formation of new parties attaching adverse

constructions to it." The latter reason seems to be one of those happy

after-thoughts which public men not unfrequently flatter themselves will

anticipate a question they would prefer should not be asked. Mr. Madison

was a member of the First Congress from the first day it met, before the

new Constitution had encountered new trials from new parties by any

constructions either one way or the other.

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