CHAPTER VIII.

FEDERAL SUPREMACY (1793-1801).

81. REFERENCES.

BIBLIOGRAPHIES.--W. E. Foster, _References to Presidential

Administrations_, 1-8; Justin Winsor, _Narrative and Critical History_,

VII. 294-314, 319, 320, 329-336, 454-456, 513-519; Channing and Hart,

_Guide_, §§ 162, 166.

HISTORICAL MAPS.--Nos. 1, 4, this volume (_Epoch Maps_, Nos. 7, 9);

MacCoun, _Historical Geography_; Scribner, _Statistical Atlas_, Plate 13;

J. Morse, _American Geography_.

GENERAL ACCOUNTS.--J. B McMaster, _United States_, II. 89-557; H. Von

Holst, _Constitutional History_, I. 112-167; J. Schouler, _United States_,

I. 221-501; R. Hildreth, _United States_, IV. 411-704; V. 25-418; T.

Pitkin, _United States_, II. 356-500 (to 1797); George Tucker, _United

States_, I. 504-628, II. 21-145; Bryant and Gay, _Popular History_, IV.

123-144; Bradford, _Constitutional History_, 125-201.

SPECIAL HISTORIES.--Standard lives of Washington, especially Sparks,

Marshall, and Irving; C. F. Adams, _Life of John Adams_; Henry Adams,

_Albert Gallatin_; H. C. Lodge, _Washington_, II. 129-269; J. T. Morse,

_Jefferson_, 146-208, and _John Adams_, 241-310; G. Pellew, _John Jay_,

262-339; S. H. Gay, _Madison_, 193-251; George Gibbs, _Administrations of

Washington and Adams_, I., II.; W. H. Trescott, _Diplomatic History_; T.

Lyman, _Diplomacy_; J. C. Hamilton, _Republic_, V., VI.

CONTEMPORARY ACCOUNTS.--Thomas Jefferson, _Anas_ (_Works_, IX. 185-203);

William Sullivan, _Familiar Letters on Public Characters_, 48-187 (written

in reply to Jefferson); Works of Washington, Jefferson, Fisher Ames, John

Jay, Rufus King, Arthur St. Clair, John Adams, Madison, and Gallatin;

Abigail Adams, _Letters_; W. Winterbotham, _Historical View_ (1795); T.

Cooper, _Some Information respecting America_ (1793, 1794); Rochefoucault-

Liancourt, _Voyage dans les États-Unis_ (1795-1797) (also in translation);

J. Weld, _Travels through the States_ (1795-1797); newspapers, especially

_General Advertiser_ and _Aurora, Boston Gazette_.--Reprints in Alexander

Johnston, _American Orations_, I.; _American History told by

Contemporaries_, III.

82. FORMATION OF POLITICAL PARTIES (1792-1794).

[Sidenote: Origin of parties.]

During the four uneventful years from 1789 to 1793 two political parties

had been slowly developed. Some writers have imagined that these two

parties were a survival of the Revolutionary Whigs and Tories; some have

traced them back to the debate on the assumption of State debts. John

Adams, years later, went to the heart of the matter when he said: "You say

our divisions began with Federalism and anti-Federalism. Alas! they began

with human nature." The foundation for the first two great national

parties was a difference of opinion as to the nature and proper functions

of the new government.

During the second Congress, from 1791 to 1793, arose an opposition to

Hamilton which gradually consolidated into a party. It came chiefly from

the Southern and Middle States, and represented districts in which there

was little capital or trade. Arrayed among his supporters were most of the

representatives from New England, and many from the Middle States and

South Carolina: they represented the commercial interests of the country;

they desired to see the debt funded and the State debts assumed; they

began to act together as another party.

[Sidenote: Hamilton and Jefferson.]

The final form taken by these two parties depended much upon the character

of their leaders. Hamilton, a man of great personal force and of strong

aristocratic feeling, represented the principle of authority, of

government framed and administered by a select few for the benefit of

their fellows. Jefferson, an advocate of popular government extended to a

point never before reached, declared that his party was made up of those

"who identified themselves with the people, have confidence in them,

cherish and consider them as the most honest and safe, although not the

most wise depositary of the public interest." Between two such men

controversies were certain to arise. In May, 1792, Jefferson wrote that

Hamilton had introduced speculation and a dangerous construction of the

constitution; and Hamilton wrote that Jefferson was at the head of a

hostile faction dangerous to the Union. Washington attempted to make

himself an arbiter of this quarrel, but was unable to reconcile the two

men. They both urged him to accept a second term for the presidency, and

he was again unanimously elected in 1792. The quarrel between the two

great chiefs had by this time got abroad. Hamilton was said to be a

monarchist. His administration of the Treasury was attacked, and an

investigation was held early in 1793; but no one was able to find any

irregularity.

[Sidenote: Party names.]

By this time the followers of Jefferson had begun to take upon themselves

the name of Republicans. They held that the government ought to raise and

spend as little money as possible; beyond that they rested upon the

principles first definitely stated in Jefferson's opinion on the bank (§

96) that Congress was confined in its powers to the letter of the

Constitution; and that the States were the depositary of most of the

powers of government. The other party took upon itself the name of

Federal, or Federalist, which had proved so valuable in the struggle over

the Constitution. Among its most eminent members were Hamilton, John Jay,

Vice-President John Adams, and President Washington.

[Sidenote: Newspaper organs.]

Both parties now began to set in motion new political machinery. The

"Gazette of the United States" became the recognized mouthpiece of the

Federalists, and the "National Gazette," edited by Philip Freneau,

translating clerk in Jefferson's department, began to attack Hamilton and

other leading Federalists, and even the President. At a cabinet meeting

Washington complained that "that rascal Freneau sent him three copies of

his paper every day, as though he thought he would become a distributer of

them. He could see in this nothing but an impudent design to insult him."

83. WAR BETWEEN FRANCE AND ENGLAND (1793).

[Sidenote: French Revolution.]

[Sidenote: War.]

So far the parties had been little more than personal followings; the

mighty movements in Europe were now to crystallize them. Early in 1789 a

revolution had come about in France; in 1791 a constitution was put in

force under which the king became a limited monarch; in 1792 war broke out

between France and a Prussian-Austrian alliance. Disasters on the frontier

were followed by the overthrow of the monarchy, and in January, 1793,

Louis the Sixteenth was executed. The anarchical movement, once begun,

hurried on until the government of France fell into the hands of men

controlled by the populace of Paris. On Feb. 3, 1793, the French Republic

declared war against England: the issue was instantly accepted. As the two

powers were unable conveniently to reach each other on land, great efforts

were made on both sides to fit out fleets. The colonies of each power were

exposed to attack, and colonial trade was in danger.

[Sidenote: Interest of America.]

From the first the sympathy of the United States had naturally been with

France. The republic seemed due to American example; Jefferson was our

minister at Paris in 1789, and saw his favorite principles of human

liberty extending to Europe. The excesses of the Revolution, however,

startled the Federalists, who saw in them a sufficient proof that

Jefferson's "people" could not be trusted. The war brought up the question

of the treaty of 1778 with France, by which the Americans bound themselves

to guarantee the colonial possessions of France in case of defensive war.

[Sidenote: Danger to America.]

For the United States to enter the war as ally of either side meant to

lose most of the advantages gained by the new Constitution: the Indians on

the frontier had opposed and defeated a large body of United States

troops; the revenue of the country derived from imports would cease as

soon as war was declared; American ships would be exposed to capture on

every sea. Trade with the West Indies, which proceeded irregularly and

illegally, was now likely to be broken up altogether. The question was no

longer one of international law, but of American politics: the Democrats

were inclined to aid France, by war or by indirect aid,--such as we had

received from France at the beginning of the Revolutionary War; the

Federalists leaned toward England, because they wished English trade, and

because they feared the spread of anarchical principles in America.

84. AMERICAN NEUTRALITY (1793).

[Sidenote: Neutrality proclamation.]

On April 5, 1793, the news of the outbreak of war was received at

Philadelphia. Washington at once summoned his cabinet for the most

important discussion which it had yet held. Was the United States to

consider itself bound to enter the war and to defend the French West

Indies against Great Britain? Should the President declare that the United

States stood neutral in this contest? The question was new. For the first

time in history there was an independent American power,--a nation so far

removed by distance and by interest from European conflicts that it might

reasonably ask that it should not be drawn into the struggle. Hamilton was

inclined to hold the treaties abrogated by the change of government in

France; Jefferson insisted that they were binding; both agreed that the

President ought to issue a proclamation announcing that the United States

would take no part on either side. The neutrality proclamation, issued

April 22, was therefore an announcement to the world that the United

States stood outside the European system, and might continue friendly

relations with both belligerent powers.

[Sidenote: Genet's mission.]

This attitude was anything but what France had expected. On April 8 a

French minister, Genet, landed in Charleston, armed with a quantity of

blank commissions for privateers. He was a man twenty-eight years old,

whose diplomatic experience had culminated in the disruption of one of the

weaker neighbors of France. He had no doubt that the sympathy of the

American people was with his country. He proposed, therefore, to act as

though he stood upon his own soil: men were enlisted; privateers were

commissioned; prizes were taken in American waters and brought into

American ports for condemnation. Genet advanced northward in a kind of

triumphal procession. Throughout the South and West, Democratic clubs were

organized, modelled on the French Jacobin and other revolutionary clubs.

[Sidenote: Genet and Washington.]

He reached Philadelphia, to be confronted by the Neutrality Proclamation

and by the firmness of the President. His privateers were checked. He does

not appear to have demanded of the United States a fulfilment of the

treaty of 1778, but he did ask for advance payment of money due to France,

and for other favors. To his chagrin, Congress was not to meet until

December, and he insisted in vain that there should be an extra session.

In July Genet proceeded to fit out a captured British vessel, the "Little

Sarah," as a privateer; and, contrary to the remonstrances of the

government and his own implied promise, she was sent to sea. Encouraged by

this success, he determined to make a public appeal to the people to

override the President. His purpose was made known, and his career was at

an end. When the United States asked for his recall, it was cheerfully

accorded by the French government. In three months Genet had contrived to

offend the principal officers of government and to insult the nation. The

current of feeling was thus set toward England.

85. THE JAY TREATY (1794-1796).

[Sidenote: American grievances.]

[Sidenote: Neutral rights.]

Once more the English government neglected the favorable moment for

securing the friendship of the United States. The grievances so much

resented under the Confederation (§ 56) were continued: the Western posts

were still occupied by the British; American vessels still paid

unreasonable duties in British ports; the West India trade was still

withheld. The war at once led to new aggressions. France and England

throughout sought to limit American commerce by capturing vessels for

violations of four disputed principles of international law. The first was

that provisions are "contraband of war," and hence that American vessels

carrying breadstuffs, the principal export of the United States, were

engaged in an unlawful trade: the United States insisted that only

military stores were "contraband of war." The second limiting principle

was that, after notice of the blockade of a port, vessels bound to it

might be taken anywhere on the high seas: the United States held that the

notice had no validity unless there was an actual blockading force outside

the port. The third principle was the so-called "Rule of 1756," that where

a European country forbade trade with its colonies in time of peace it

should not open it to neutrals in time of war: the United States denied

the right of Great Britain to interfere in their trade with the French and

Spanish colonies. The fourth principle was that a ship might be captured

if it had upon it goods which were the property of an enemy. The United

States asserted that "Free ships make free goods," that a neutral vessel

was not subject to capture, no matter whose property she carried.

[Sidenote: Aggressions on the United States.]

[Sidenote: Impressment.]

[Sidenote: Danger of war.]

On May 9, 1793, the French ordered the capture of vessels loaded with

provisions, although expressly excepted by the treaty of 1778. On June 8

the British issued a similar order; and in November the rule of 1756 was

again put in force by the British government. Captures at once began by

both powers; but the British cruisers were more numerous, did more damage,

and thus inclined public sentiment in the United States against England.

The pacific Jefferson now came forward as the defender of American

interests: Sept. 16, 1793, he sent to Congress a report in which he set

forth the aggressions upon American commerce, and recommended a policy of

retaliation. Meantime a new grievance had arisen, which was destined to be

a cause of the War of 1812. In time of war the commanders of British naval

vessels were authorized to "impress" British seamen, even out of British

merchant vessels. The search of American merchantmen on the same errand at

once began, and was felt by the United States government to be humiliating

to the national dignity. The whole country was outraged by the frequent

seizure of native Americans, on the pretext that they were English born.

Public feeling rose until on March 26, 1794, a temporary embargo was laid,

forbidding vessels to depart from American ports. On April 17, a motion

was introduced to cut off commercial intercourse with Great Britain. On

April 19, therefore, the President appointed John Jay, Chief Justice of

the United States, as a special envoy to make a last effort to adjust

matters in England. Nevertheless, the non-inter course bill passed the

House, and was defeated only by Adams's casting vote in the Senate.

[Sidenote: Jay's Treaty.]

Fortunately it was a time when communication with Europe was slow. Not

until June did Jay reach England. A treaty was negotiated on November 19,

but was not received by Washington until after the adjournment of Congress

in March, 1795. The treaty had indeed removed some old grievances: the

posts were to be evacuated; commissions were to settle the northeast

boundary, and to adjust the claims for the British debts; but Jay got no

indemnity for the negroes carried away by the British in 1783. The

commercial clauses were far less favorable: the discriminating taxes

against American shipping were at last withdrawn; but Jay was unable to

secure any suitable guarantee for neutral trade, and could obtain no

promise to refrain from searching American merchantmen, or seizing

English-born sailors found thereon. Above all, the West India trade, which

the United States so much desired, was granted only with the proviso that

it should be carried on in vessels of less than seventy tons burden. In

return for these meagre concessions, granted only for twelve years, the

United States agreed not to export to any part of the world "molasses,

sugar, coffee, cocoa, or cotton."

[Sidenote: Excitement in the United States.]

A special session of the Senate was summoned in June, 1795. and with great

difficulty the necessary two-thirds majority was obtained. The twelfth

article, containing the West India and the export clauses, was

particularly objectionable, and the Senate struck it out. During the

remainder of the year there was the fiercest popular opposition; the

commercial and ship-building interest felt that it had been betrayed; Jay

was burned in effigy; Hamilton was stoned at a public meeting; State

legislatures declared the treaty unconstitutional. Washington was attacked

so fiercely that he said the language used "could scarcely be applied to a

Nero, to a notorious defaulter, or even to a common pickpocket." When

Congress met in 1795 an effort was made to prevent the necessary

appropriations for carrying out the treaty. It was only the great personal

popularity of Washington that saved the country from a repudiation of the

treaty and a war with England. Once in force, the treaty was found

moderately favorable. Our commerce increased, and captures were much

diminished.

86. THE WHISKEY REBELLION (1794).

[Sidenote: The excise unpopular.]

[Sidenote: Outbreak.]

During this year of excitement a serious outbreak had occurred in

Pennsylvania. Ever since the first Excise Act in 1791 (§ 76), there had

been determined opposition to the collection of the whiskey tax. The

people of southwestern Pennsylvania were three hundred miles from tide-

water; and whiskey was the only commodity of considerable value, in small

bulk, with which they could purchase goods. The tax, therefore, affected

the whole community. In 1792 the policy pursued at the beginning of the

Revolution was brought into action: mobs and public meetings began to

intimidate the tax-collectors. In 1794 the difficulties broke out afresh,

and on July 17 the house of Inspector-General Neville was attacked by a

band of armed men; one man was killed, and the house was burned. Great

popular mass meetings followed, and a few days later the United States

mail was robbed.

[Sidenote: Suppression.]

As this violence was directed against the revenue laws, Hamilton made it

his special task to suppress it. On September 25 the President called out

the militia from Pennsylvania, New Jersey, Maryland, and Virginia.

Hamilton himself accompanied the troops, fifteen thousand in number; they

marched over the mountains, and reached the disaffected country at the end

of October. The insurgents made no stand in the field, and the troops

returned, after making a few arrests.

The matter now went to the courts. Six persons were indicted for treason,

of whom two, Vigol and Mitchell, were convicted. They were rough and

ignorant men, who had been led into the outbreak without understanding

their own responsibility, and Washington pardoned them both. In July,

1795, a general amnesty was proclaimed.

[Sidenote: Effect.]

The effect of the whole movement was to make it evident throughout the

nation that the United States had at its disposal a military force

sufficient to put down any ordinary insurrection. In his message on the

subject on Nov. 19, 1794, Washington alluded to "combinations of men who

have disseminated suspicions, jealousies, and accusations of the whole

government." The Senate applied these words to "self-created societies."

The allusion was to the Democratic clubs, founded in 1793 when Genet came

to the country (§ 84), and still in existence. The effect of Washington's

criticism was to break down the societies and to check a movement which

looked toward resistance to all constituted government. The opposition

were compelled to take a less objectionable party name, and began to call

themselves Republicans.

87. ELECTION OF JOHN ADAMS (1796).

[Sidenote: Washington retires.]

[Sidenote: Nominations.]

On Sept. 17, 1796, Washington, in a public address, announced that he

should not accept a re-election. The presidency had been irksome to

Washington, and the personal attacks upon himself had grieved him; but he

retired with the admiration and respect of the whole country. The

selection of a successor at once became a party question. Jefferson, who

had resigned the office of Secretary of State at the end of 1793, was the

natural leader of the Republicans. John Adams, then Vice-President, had

the largest Federalist following; but Hamilton hoped, by an electoral

trick, to bring T. Pinckney, the candidate for Vice-President, in over his

head. Adams candidly expressed his opinion of this intrigue: "That must be

a sordid people indeed, a people destitute of a sense of honor, equity,

and character, that could submit to be governed and see hundreds of its

most meritorious public men governed by a Pinckney under an elective

government."

[Sidenote: Adams and Jefferson.]

The danger was not, however, from Pinckney, but from Jefferson. When the

votes were counted it was found that Adams had received the vote of the

Northern States, with Delaware and a part of Maryland; but that Jefferson

had received almost the whole vote of the South and of Pennsylvania. Adams

became President by a vote of seventy-one, and Jefferson Vice-President by

a vote of sixty-eight. The two men had been associated in early years, and

were not unfriendly to each other. There was even a hint that Jefferson

was to be taken into the cabinet. As soon as the administration began, all

confidence between them was at an end. The same set of elections decided

the membership of Congress to serve from 1797 to 1799; the Senate remained

decidedly Federalist; in the House the balance of power was held by a few

moderate Republicans.

[Sidenote: Adams's cabinet.]

Adams considered himself the successor to the policy of Washington, and

committed the serious mistake of taking over his predecessor's cabinet.

Hamilton retired in 1795; he had been replaced by his friend and admirer,

Oliver Wolcott; the Secretary of State was Timothy Pickering of

Pennsylvania: both these men looked upon Hamilton as their party chief.

The administration began, therefore, with divided counsels, and with

jealousy in the President's official household.

88. BREACH WITH FRANCE (1795-1798).

[Sidenote: Monroe's mission.]

While the war-cloud with England was gathering and disappearing, new

complications had arisen with France. The Jay treaty was received by that

power as an insult, partly because it was favorable to her rival, partly

because it removed the danger of war between England and the United

States. In 1795 the first period of the Revolution was over, and an

efficient government was constituted, with an executive directory of five.

James Monroe, appointed minister to France, had begun his mission in

September, 1794, just after the fall of Robespierre; he appeared in the

National Convention, and the president of that body adjured him to "let

this spectacle complete the annihilation of an impious coalition of

tyrants." During Jay's negotiations he continued to assure the French of

the friendship of America, although the Directory speedily declared that

Jay's treaty had released France from the treaty of 1778. As Monroe made

no effort to push the American claims for captured vessels, he was

recalled in disgrace in 1796, and C. C. Pinckney was appointed as his

successor.

[Sidenote: Pinckney rebuffed.]

Three weeks after his inauguration Adams received a despatch from Pinckney

announcing that he had been treated as a suspected foreigner, and that

official notice had been given that the Directory would not receive

another minister from the United States until the French grievances had

been redressed. A special session of Congress was at once summoned, and

the President declared that "the action of France ought to be repelled

with a decision which shall convince France and the world that we are not

a degraded people, humiliated under a colonial spirit of fear and sense of

inferiority." Headstrong behavior on the President's part would have

immediately brought on war; but he had already made up his mind to send a

special mission to France. In June, 1797, John Marshall and Elbridge

Gerry, a Republican, but a personal friend of the President, were sent out

to join Pinckney in a final representation.

[Sidenote: X. Y. Z. affair.]

It was nearly a year before news of the result was received. On April 2,

1798, the President communicated the despatches revealing the so-called

"X. Y. Z. affair." It appeared that the envoys on reaching Paris, in

October, 1797, had been denied an official interview, but that three

persons, whose names were clouded under the initials X. Y. Z., had

approached them with vague suggestions of loans and advances; these were

finally crystallized into a demand for fifty thousand pounds "for the

pockets of the Directory." The despatch described one conversation.

"'Gentlemen,' said X., 'you do not speak to the point. It is money. It is

expected that you will offer money.' We said that we had spoken to that

point very explicitly, that we had given an answer. 'No,' he replied, 'you

have not. What is your answer?' We replied, 'It is No, no, no; not a

sixpence.'" The President concluded with a ringing paragraph which summed

up the indignation of the American people at this insult. "I will never

send another minister to France without assurances that he will be

received, respected, and honored as the representative of a great, free,

powerful, and independent nation."

[Sidenote: Naval war with France.]

The Republican opposition in Congress was overwhelmed and almost silenced.

A succession of statutes in April, May, and June hurried on military and

naval preparations, and on July 7, 1798, American vessels of war were

authorized to attack French cruisers. On Feb. 9, 1799, the "Constellation"

took the French frigate "Insurgente," and American cruisers and privateers

had the satisfaction of retaliating for the numerous captures of American

vessels by preying on French commerce. Measures were taken to raise land

forces; but here again the rift in the Federal party appeared. Washington

was made titular commander-in-chief. It was expected that operations would

be directed by the second in command, and Hamilton's friends insisted that

he should receive that appointment. With great reluctance Adams granted

the commission, the result of which was the resignation of Knox, who had

been third on the list.

89. ALIEN AND SEDITION ACTS (1798).

[Sidenote: Triumph of the Federalists.]

[Sidenote: Alien Act.]

For the first and last time in his administration John Adams found himself

popular. From all parts of the country addresses were sent to the

President approving his patriotic stand. The moderate Republicans in the

House were swept away by the current, and thus there was built up a

compact Federalist majority in both houses. It proceeded deliberately to

destroy its own party. The newspapers had now reached an extraordinary

degree of violence; attacks upon the Federalists, and particularly upon

Adams, were numerous, and keenly felt. Many of the journalists were

foreigners, Englishmen and Frenchmen. To the excited imagination of the

Federalists, these men seemed leagued with France in an attempt to destroy

the liberties of the country; to get rid of the most violent of these

writers, and at the same time to punish American-born editors who too

freely criticised the administration, seemed to them essential. This

purpose they proposed to carry out by a series of measures known as the

Alien and Sedition Acts. A naturalization law, requiring fourteen years

residence, was hurried through. On April 25 a Federalist introduced a

temporary Alien Act, for the removal of "such aliens born, not entitled by

the constitution and laws to the rights of citizenship, as may be

dangerous to its peace and safety." The opposition, headed by Albert

Gallatin, made a strong appeal against legislation so unnecessary,

sweeping, and severe. The Federalists replied in panic fear: "Without such

an act," said one member, "an army might be imported, and could be

excluded only after a trial." To the details of the bill there was even

greater objection. It conferred upon the President the power to order the

withdrawal of any alien; if he refused to go, he might be imprisoned at

the President's discretion, Nevertheless, the act, limited to two years,

was passed on June 25, 1798. Adams seems to have had little interest in

it, and never made use of the powers thus conferred.

[Sidenote: Sedition Act.]

[Sidenote: Sedition prosecutions.]

The Sedition Act was resisted with even greater stubbornness. It proposed

to punish persons who should conspire to oppose measures of the

government, or to intimidate any office-holder. The publishing of libels

upon the government, or either house, or the President, was likewise made

a crime. Against this proposition there were abundant arguments, on

grounds both of constitutionality and expediency. It introduced the new

principle of law that the United States should undertake the regulation of

the press, which up to this time had been left solely to the States. That

its main purpose was to silence the Republican journalists is plain from

the argument of a leading Federalist: the "Aurora," a Republican organ,

had said that "there is more safety and liberty to be found in

Constantinople than in Philadelphia;" and the "Timepiece" had said of

Adams that "to tears and execrations he added derision and contempt." It

is impossible to agree with the member who quoted these extracts that

"they are indeed terrible. They are calculated to freeze the blood in the

veins." The Sedition Act was to expire in 1801. It was quickly put into

operation, and one of the prosecutions was against Callender, known to be

a friend of Jefferson; he was indicted and convicted for asserting among

other things that "Mr. Adams has only completed the scene of ignominy

which Mr. Washington began." So far from silencing the ribald journalists,

the Act and its execution simply drew down worse criticism. On the other

hand, the Federalist press, which had been hardly inferior in violence,

was permitted to thunder unchecked. The Alien and Sedition Acts were party

measures, passed for party purposes; they did not accomplish the purposes

intended, and they did the party irreparable harm.

90. VIRGINIA AND KENTUCKY RESOLUTIONS (1798-1800).

[Sidenote: Danger of disunion.]

[Sidenote: Madison's and Jefferson's resolutions.]

The elections of 1798 in the excited state of public feeling assured a

Federalist majority in the Congress to sit from 1799 to 1801. The

Republicans felt that their adversaries were using the power of the

federal government to destroy the rights of the people. June 1, 1798,

Jefferson wrote to a friend who thought that the time was come to withdraw

from the Union; "If on the temporary superiority of one party the other is

to resort to a scission of the Union, no federal government can exist."

The remedy which lay in his mind was an appeal to the people through the

State legislatures. In November and December, 1798, two series of

resolutions were introduced,--one in the Virginia legislature, the other

in the Kentucky legislature; the first drawn by Madison, and the second by

Jefferson's own hand. They set forth that the Constitution was a compact

to which the States were parties, and that "each party has an equal right

to judge for itself as well of infractions as of the mode and measure of

redress." The Alien and Sedition Acts and some other statutes were

declared by Kentucky "not law ... void and of no effect;" and the other

States were called upon to unite in so declaring them void, and in

protesting to Congress. For the first time since the Constitution had been

formed, a clear statement of the "compact" theory of government was now

put forth. It was a reasonable implication from these resolutions that if

the Federalist majority continued to override the Constitution, the States

must take more decisive action; but the only distinct suggestion of an

attack on the Union is found in a second series of Kentucky resolutions,

passed in 1799, in which it is declared that "nullification ... of all

unauthorized acts ... is the rightful remedy."

[Sidenote: Purpose of the resolutions.]

The constitutional doctrine in these resolutions was secondary. The real

purpose was to arouse the public to the dangerous character of the

Federalist legislation. Madison, many years afterward, explained that he

meant only an appeal to the other States to unite in deprecation of the

measures. The immediate effect was to set up a sort of political platform,

about which the opponents of the Federalists might rally, and by the

presentation of a definite issue to keep up the Republican organization

against the electoral year 1800.

91. ELECTION OF 1800-1801.

[Sidenote: Peace with France.]

[Sidenote: Breach in the party.]

The Alien and Sedition Acts had quickly destroyed all Adams's popularity

in the Republican party; his later action deprived him of the united

support of the Federalists. War with France was pleasing to them as an

assertion of national dignity, as a protest against the growth of

dangerous democracy in France, and as a step toward friendship or eventual

alliance with England. Early in 1799 Talleyrand intimated that a minister

would now be received from the American government. Without consulting his

cabinet, with whom Adams was not on good terms, the President appointed an

embassy to France. Early in 1800 they made a favorable treaty with France:

better guarantees were secured for American neutral trade; the old

treaties of 1778 were practically set aside; and the claims of American

merchants for captures since 1793 were abandoned, This last action gave

rise to the French Spoliation Claims, which remained unsettled for nearly

a century thereafter, Adams's determination to make peace was

statesmanlike and patriotic, but it gave bitter offence to the warlike

Federalists. In May, 1800, Adams found his cabinet so out of sympathy that

he removed Pickering, Secretary of State, and appointed John Marshall.

This meant a formal breach between the Adams and the Hamilton wings of the

party.

[Sidenote: Republicans successful.]

The campaign of 1800 thus began with the Federalists divided, and the

Republicans hopeful. Hamilton was determined to force Adams from the

headship, and prepared a pamphlet, for which materials were furnished by

Oliver Wolcott, Secretary of the Treasury. Aaron Burr, a wily Republican

leader, managed to get a copy, published it, and spread it broadcast.

Adams was re-nominated by a caucus of Federalist members, and C. C.

Pinckney was put on the ticket with him. Jefferson was, as in 1796, the

candidate of his party for President. For Vice-President there was

associated with him Burr, who was able to control the important vote of

the State of New York. The result of this coalition was seen in May, 1800,

when a New York legislature was elected with a Republican majority; and

that legislature would, in the autumn, cast the vote of the State. The

Federalists persevered, but South Carolina deserted them, so that both

Jefferson and Burr received seventy-three votes, and Adams had only sixty-

five. The Federalist supremacy was broken.

[Sidenote: Election by the House.]

Now arose an unexpected complication. There being a tie between Jefferson

and Burr, the House of Representatives was called upon to decide between

them, its vote being cast by States. Had the majority of the House been

Republican, Jefferson would, of course, have received their votes; it was,

however, Federalist, and the Federalists thought themselves entitled to

choose that one of their enemies who was least likely to do them harm.

Obscure intrigues were entered upon both with Jefferson and Burr. Neither

would make definite promises, although Burr held out hopes of alliance

with the Federalists. Hamilton now came forward with a letter in which he

declared that of the two men Jefferson was less dangerous. "To my mind,"

said he, "a true estimate of Mr. Jefferson's character warrants the

expectation of a temporizing rather than of a violent system." After a

long struggle the deadlock was broken; Jefferson was chosen President of

the United States, and Burr Vice-President.

92. CAUSES OF THE FALL OF THE FEDERALISTS.

[Sidenote: Unpopularity of the Federalists.]

[Sidenote: Judiciary Act.]

The electoral majority was small; the Federalists preserved their

organization, and had the prestige of twelve years of administration; it

was impossible to realize that there never again would be a Federalist

president. In the election of 1804, however, they received but fourteen

electoral votes altogether (§ 100). The reasons for this downfall are

many, However popular the French war had been, the taxes made necessary by

it had provoked great dissatisfaction; and in 1799 a little insurrection,

the so-called Fries Rebellion, had broken out in Pennsylvania. The

Sedition prosecutions were exceedingly unpopular, The last acts of the

party left a violent resentment. In 1801, after it was known that there

would be a Republican President with a large majority in both houses of

Congress, the Federalists resolved to bolster up their power in the third

department of government. A Judiciary Act was therefore passed, creating

new courts, new judges, and new salaried officials. All the resulting

appointments were made by Adams, and duly confirmed by the Senate, thus

anticipating by many years any real needs of the country. A vacancy

occurring in the chief-justiceship, Adams appointed John Marshall, one of

the few Virginia Federalists; he had made his reputation as a politician

and statesman: even Adams himself scarcely foresaw that he was to be the

greatest of American jurists.

[Sidenote: Internal dissensions.]

Still more fatal were the internal dissensions in the party. In 1799

Washington died, and no man in the country possessed his moderating

influence, The cabinet, by adhering to Hamilton and corresponding with him

upon important public matters, had weakened the dignity of the President

and of the party. In the election of 1800 Hamilton, besides his open

attack on Adams, had again tried to reduce his vote sufficiently to bring

Pinckney in over his head. Adams himself, although a man of strong

national spirit, was in some respects too moderate for his party. Yet his

own vanity and vehemence made him unfit to be a party leader.

[Sidenote: Republican theories.]

While these reasons may account for the defeat of the Federalists, they do

not explain their failure to rise again. They had governed well: they had

built up the credit of the country; they had taken a dignified and

effective stand against the aggressions both of England and of France. Yet

their theory was of a government by leaders. Jefferson, on the other hand,

represented the rising spirit of democracy. It was not his protest against

the over-government of the Federalists that made him popular, it was his

assertion that the people at large were the best depositaries of power.

Jefferson had taken hold of the "great wheel going uphill." He had behind

him the mighty force of the popular will.

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