the exaggeration of party discontent-"It is a singular phenomenon that, while our state governments are the very best in the world, without exception or comparison, our general government has, in the rapid course of nine or ten years, become more arbitrary, and has swallowed up more of the public liberty, than even that of England. I enclose you a column cut out of a London paper, to show you that the English, though charmed with our making their enemies our enemies, yet blush and weep over our sedition law."

During the ten years that the present federal government had been in operation, many questions had arisen concerning the interpretation of the constitution. But there had been no instance in which the opinion that that instrument had been violated was so decided, or in which the supposed infraction had excited so much sensibility, as these two laws, which were always coupled together in the public mind, as having originated in the same policy, and as leading to the same tendency. But in point of fact it was the law that abridged the freedom of the press which was most looked at, and the other was condemned by most Americans, like the stork in the fable, for the society in which it was found, and for the sake of soothing the great mass of foreigners, who were not yet naturalized, the greater part of whom, particularly the Irish and French, were attached to the republican party.

To most men of cool tempers and unsophisticated minds, who could not or would not resort to refinements of reasoning, it seemed that the clause of the constitution which prohibited Congress from passing any law which abridged the freedom of speech or of the press, had intended to interdict them from passing any law whatever upon the subject; that the distinction between liberty and licentiousness, on which the advocates of the law relied, was too vague and indefinite to be secure against practical abuse; and that all attempts to subject licentiousness to merited punishment, would be

certain to operate also against the rightful exercise of liberty. Many, therefore, who were before sceptical about the settled designs of the federal party to subvert or undermine the constitution, now credited the imputation, on the faith of what appeared to them so plain an infraction of that instrument. This belief had a great influence in counteracting the feeling of resentment which was inspired by the overbearing insolence of the government of France, and the dishonourable proposals made by its public functionaries; which feeling was naturally more or less extended to their friends and apologists in America.

The motives which dictated the policy of enacting these laws, to which violent opposition must necessarily have been anticipated, has never been satisfactorily explained. But assuredly at the present day, assisted as our judgments are by the light of subsequent events, no measure would seem to be more unwise. It must have been foreseen that the execution of the laws would have been everywhere attended with difficulty, and supposing that difficulty overcome, more was likely to be lost by the odium they would excite, by the bitter opposition they would engender, and by the closer union they would produce among the discontented, than could possibly be gained by checking or preventing slander, and banishing a few foreign malcontents. In those states in which it was practicable to enforce them, they were probably unnecessary; and in those in which they were intended to strike terror into the calumniators of the administration, they would either afford matter of triumph and exultation to its enemies by their failure to convict, or produce the no less dangerous honours of martyrdom.

It is possible that in the confidence of their increased popularity and strength, they wished to provoke their opponents to some excesses, in resistance of the law, which might thus afford a pretext for the party in power to crush them under their fect, as unsuccessful resistance always adds to

the power of the government. But if such were their expectations, they were nowhere realized. And there was nothing against which the republican party were more carefully guarded, than that the people should not be stirred up to a violent resistance of these laws.

With the great advantage which the administration party possessed in our relations with France, it seems probable that but for the error of this measure, their ascendency would have been maintained. It should, however, be remarked, that the conduct of the republican party was not more wise in continuing their attachment to France after the despatches were received from our envoys; for if they had renounced that attachment, and disclaimed all fraternity with its government after they had such satisfactory evidence of its turpitude, they might have retained their relative strength, instead of losing it by the numbers who joined the administration in defence of the national honour; and, placed on this vantage ground, their attacks on the alien and sedition laws would have been irresistible. But on this occasion the spirit of party overpowered both the dictates of prudence and the sentiments of patriotism; and its votaries, under the impulse of its evil sway, were led to pursue a course as unprofitable as it was inglorious, and which would have been fatal to their success but for the errors of their opponents.

Some other measures of the administration savoured more of policy. Feeling the advantage which they derived from the insolence of the French rulers, and the imprudence of the republican party here, they took every means in their power of bringing the subject to the notice of the people. They encouraged public addresses to the president to an extent never witnessed before. These effusions of patriotic indignation and zeal were welcomed from every quarter— from the most dignified public bodies down to any voluntary association, however sinall. They served indeed to fan the

flames of party, to irritate their adversaries, as well as to give cause of exultation to their friends; but they were sure to gain by agitating the subject, for the feelings of national pride, a sentiment at once so universal and strong, being always thrown into the scale of the administration, was sure to give it the preponderance. The effect would have been yet greater, if the president, in some of his answers, had not been indiscreet; and instead of heightening the national resentment, as a show of moderation would have been sure to do, he so managed as to excite the suspicion that it was his political opponents at home, and not the French Directory, who were the chief objects of his resentment and hostility. He thus gave a further colour to the imputations of his enemies that the breach with France was only part of the scheme of bringing republicanism into disgrace, and introducing a more high-toned government.

The errors which the parties thus severally committed under the dominion of their respective passions and sympathies, tended in a great measure to counteract each other, but the administration, throughout the year 1797, and part of the following year, seemed to gain strength; and in the succeeding Congress, most of the members of which were elected after the arrival of the envoys from France, it had a large accession of members, so much so that on one of the federal party, Mr. Bayard, expressing a wish that a gentleman on the opposition, for whom he felt great personal respect, belonged to this party, another replied that they were strong enough for their own safety, and he did not desire the accession of a single new member.*

The Legislatures in the several states prepared to support or oppose the course of the administration, according to their respective sentiments, and that of Virginia was looked to with peculiar interest by both parties, because that state *This is stated on the authority of the late Colonel Wilson Nicholas.

was yet the largest in the Union, and the leaders of both parties, General Washington and Mr. Jefferson, were to be found among its citizens. The plan of opposition had without doubt been arranged by Mr. Jefferson and Mr. Madison, in conformity with the opinion expressed in the letter of the former to Colonel John Taylor, and Mr. Jefferson had actually prepared the resolutions which were offered by Colonel George Nicholas, of Kentucky, and adopted at the succeeding session. Those offered by Colonel Taylor, in the Virginia legislature, and adopted, were drafted by Mr. Madison.

Mr. Jefferson did not take his seat in the Senate at the next session in December till the 27th of the month, and that day week he wrote to Mr. Madison on the complexion of the times. Adverting to a passage in the president's reply to the Senate's answer to his speech, he remarks:"When the Senate gratuitously hint Logan to him, you see him in his reply come out in his genuine colours." The passage alluded to is in these words:" Although the officious interference of individuals, without public character or authority, is not entitled to any credit, yet it deserves to be considered, whether that temerity and impertinence of individuals affecting to interfere in public affairs, between France and the United States, whether by their secret correspondence or otherwise, and intended to impose upon the people, and separate them from their government, ought not to be inquired into and corrected."

Mr. Jefferson further says, "The republican spirit is supposed to be gaining ground in this state and Massachusetts. The tax-gatherer has already excited discontent. Gerry's correspondence with Talleyrand, promised by the president at the opening of the session, is still kept back. It is known to show France in a very conciliatory attitude, and to contradict some executive assertions. Therefore it is supposed they will get their war measures well taken before they will produce this damper."