signed the Alien and Sedition Laws; had not saddled a standing army and a permanent navy upon the country; had not brought its credit so low as to borrow money at eight per cent., etc. Frothingham was fined and imprisoned for accusing Hamilton of attempting to buy the Aurora in order to suppress it in the interests of the Federalists.

In truth, these measures were eminently characteristic of the Federalists. The Federalists believed that they and they alone had at heart the best interests of the country. They believed that their opponents were a French party, not merely admirers, but devoted to the interests, of France; they believed that the Republicans made a mere pretense of devotion to republicanism, that they might with better hopes of success, carry on their war against the constitution in the interests of France and anarchy. The Alien and Sedition Laws were the direct results of these beliefs. Believing that they were on the verge of a war with France, a war forced upon them by France because they would not permit the country to take a position of helpless and absolute dependence upon her, it seemed to them but the simple dictate of self-preservation to give the government the power to protect itself against the emissaries which they were certain the great Propogandist of Anarchy was sending among them. Believing also that the Republicans were a French party, and that they would repeat the attempt they had made in the case of the Whisky Insurrection, only on a larger scale, on the

first opportunity, it seemed to the Federalists essential that the government should have the power to nip such attempts in the bud; that it should not be obliged to wait for sedition to organize its forces before it could strike it down. To prevent the anarchy that would result from the successful efforts of hostile aliens and seditious citizens, the Federalists laid violent hands on the constitution, and showed their lack of sympathy with the American attempt at self-government. It has been well said that they had got out of humor with the "new rage for calling in the sovereign people, and playing government as it were, in the street," and the Federalists were out of humor with the people because they believed that government by the people would result in anarchy.

Federalists' opin

ion of government by the people.

Division of opinion as to jurisdiction of United States courts.

But these laws were characteristic of the Federalists, not only in what they aimed to accomplish directly, by means of them, but in what they hoped to accomplish indirectly. We have seen that the Federalists resolved to enlarge the powers of the central government by construction and precedent. In 1798 it was a question in dispute between Federalists and Republicans as to the crimes over which the Federal courts had constitutional jurisdiction. The Republicans contended that the Federal courts had jurisdiction over those crimes only, which were expressly enumerated in the constitution-treason, counterfeiting United States coin or securities, piracies

and offenses against the laws of nations. The Federalists, on the contrary, claimed that offenses which are crimes, not because they are violations of any law which has been enacted-statute law-but are crimes because they are violations of laws, based on custom-common lawalso come under the jurisdiction of the Federal courts. In 1798 libel was still a common law offense. From the point of view of the Republicans, therefore, the Sedition Law was a dangerous precedent, since it brought within the jurisdiction of the Federal court offenses, which, in their opinion, the constitution had left exclusively under the jurisdiction of the courts of the states.

In the closing weeks of the session, a number of important laws were passed in contemplation of hostilities, if not of war, with France. Our merchant vessels

were authorized to arm and forcibly repel the assaults of the French (June 25); appropriations were made for distributing arms among the states (July 6); the treaties between France and the United States were declared uo longer binding on the United States (July 7); and the President was authorized to issue letters of marque and reprisal against France (July 9). To meet the extraordinary expenses thus incurred, a direct tax of $2,000,000 was laid and the President was authorized to borrow $2,000,000 in anticipation of it, and $5,000,000 more.

QUESTIONS.

1. Account for Jefferson's opinion of the President's message.

2. Why do you suppose he thought its object was either to establish a monarchy, or effect a separation of the states?

3. What was Washington's opinion of the Republicans? 4. What were Spriggs' resolutions?

5. What position was taken by the Republican press when the dispatches were published?

6. What was the difference between paying a tribute to the Algerines and giving a bribe to France?

7. What was the Alien Law?

8. In what form did it pass the Senate?

9. What were the provisions of the Sedition Law?

10. What did the first and fourth sections of the bill, as origi nally introduced, provide?

11. What votes were cast for the bill in the form in which it was introduced?

12. Could the Republicans have made any opposition whatever to Federalist measures, which the Federalists might not honestly have characterized as due to motives hostile to the constitution, if the bill had passed in that form?

13. What evidence does the Sedition Law give that the Federalists feared a popular uprising in behalf of France?

14. In what way were the Alien and Sedition Laws characteristic of the Federalists?

15. What differences of opinion existed between Federalists and Republicans as to the jurisdiction of the Federal courts?

16. What is the difference between statute and common law?

CHAPTER XX.

THE KENTUCKY AND VIRGINIA RESOLUTIONS.

ANY years after the passage of the Alien and Se

MAX

dition Laws, Jefferson said that he believed them as palpably unconstitutional, as if Congress had passed a law requiring every one to bow down and worship a golden calf. He was equally clear as to their object; he considered them as merely "an experiment

Jefferson on the Alien and Sedition laws.

on the American mind to see how far it will bear an avowed violation of the Constitution. If this goes down, we shall immediately see attempted another act of Congress, declaring that the President shall continue in office during life, reserving to another occasion the transfer of the succession to his heirs, and the establishment of the Senate for life."

We are told by one author (McMaster, vol. I, page 419), that the fact that Jefferson ever wrote such folly,is of itself enough to deprive him of every possible claim to statesmanship. Whether Jefferson was or was not a statesman is a question which we are not obliged to dis

cuss.

But if no one could be a statesman in 1798 without having a tolerably correct estimate of the aims of his political opponents, then there were no statesmen at that time. If Jefferson, and Madison, and Gallatin cannot be considered statesmen because they thought the Federal