Part 1068

UNITED STATES OF AMERICA: A. D. 1796. Third Presidential Election. Washington succeeded by John Adams.

After the appearance of Washington's Farewell Address, the result of the Presidential election became exceedingly doubtful. "There was no second man to whom the whole of the nation could be won over. The Federalists … could not bring forward a single candidate who could calculate on the unanimous and cheerful support of the entire party. There still prevailed at the time a feeling among the people that the vice-president had a sort of claim to the succession to the presidency. But even apart from this, Adams would have been one of the most prominent candidates of the Federalists. The great majority of them soon gave him a decided preference over all other possible candidates. On the other hand, some of the most distinguished and influential of the Federalists feared serious consequences to the party and the country from the vanity and violence as well as from the egotism and irresolution with which he was charged. But to put him aside entirely was not possible, nor was it their wish. They thought, however, to secure a greater number of electoral votes for Thomas Pinckney, the Federal candidate for the vice-presidency, which, as the constitution then stood, would have made him president and Adams vice-president. {3315} Although this plan was anxiously concealed from the people, it caused the campaign to be conducted by the party with less energy than if the leaders had been entirely unanimous. France was naturally desirous of Jefferson's success. … Wolcott asserted that Adet had publicly declared that France's future policy towards the United States would depend on the result of the election. Some did not hesitate to say that, on this account, Jefferson should have the preference, but on the more thoughtful Federalists it exerted the very opposite influence. There is no reason for the assumption that the issue of the election would have been different, had Adet behaved more discreetly. But his indiscretion certainly contributed to make the small majority expected for Adams completely certain, while Hamilton's flank movement in favor of Pinckney helped Jefferson to the vice-presidency. … The result of the election, however, left the country in a very serious condition. Washington's withdrawal removed the last restraint from party passion."

_H. von Holst, The Constitutional and Political History of the United States, volume 1, chapter 3._

Adams received 71 votes in the Electoral College and Jefferson 68. As the constitution then provided, the majority of votes elected the President and the next greatest number of votes elected the Vice President.

UNITED STATES OF AMERICA: A. D. 1797-1799. Troubles with the French Republic. The X, Y, Z correspondence. On the brink of war.

"Mr. Adams took his cabinet from his predecessor; it was not a strong one, and it was devoted to Hamilton, between whom and the new President there was soon a divergence, Hamilton being fond of power, and Adams having a laudable purpose to command his own ship. The figure of speech is appropriate, for he plunged into a sea of troubles, mainly created by the unreasonable demands of the French government. The French 'Directory,' enraged especially by Jay's treaty with England, got rid of one American minister by remonstrance, and drove out another [Pinckney] with contempt. When Mr. Adams sent three special envoys [Gerry, Marshall, and Pinckney], they were expected to undertake the most delicate negotiations with certain semi-official persons designated in their correspondence only by the letters X, Y, Z. The plan of this covert intercourse came through the private secretary of M. de Talleyrand, then French Minister for Foreign Affairs; and the impudence of these three letters of the alphabet went so far as to propose a bribe of 1,200,000 francs (some $220,000) to be paid over to this minister. 'You must pay money, a great deal of money,' remarked Monsieur Y ('Il faut de l'argent, beaucoup de l'argent'). The secret of these names was kept, but the diplomatic correspondence was made public, and created much wrath in Europe as well as in America. Moreover, American vessels were constantly attacked by France, and yet Congress refused to arm its own ships. At last the insults passed beyond bearing, and it was at this time that 'Millions for defence, not one cent for tribute,' first became a proverbial phrase, having been originally used by Charles C. Pinckney. … Then, with tardy decision, the Republicans yielded to the necessity of action, and the Federal party took the lead. War was not formally proclaimed, but treaties with France were declared to be no longer binding. An army was ordered to be created, with Washington as Lieutenant-general and Hamilton as second in command; and the President was authorized to appoint a Secretary of the Navy and to build twelve new ships-of-war. Before these were ready, naval hostilities had actually begun; and Commodore Truxtun, in the United States frigate Constellation, captured a French frigate in West Indian waters (February 9. 1799), and afterwards silenced another, which however escaped. Great was the excitement over these early naval successes of the young nation. Merchant-ships were authorized to arm themselves, and some 300 acted upon this authority. … The result of it all was that France yielded. Talleyrand, the very minister who had dictated the insults, now disavowed them, and pledged his government to receive any minister the United States might send. The President, in the most eminently courageous act of his life, took the responsibility of again sending ambassadors; and did this without even consulting his cabinet, which would, as he well knew, oppose it. They were at once received, and all danger of war with France was at an end. This bold stroke separated the President permanently from at least half of his own party, since the Federalists did not wish for peace with France. His course would have given him a corresponding increase of favor from the other side, but for the great mistake the Federalists had made in passing certain laws, called the 'Alien' law and the 'Sedition' law."

_T. W. Higginson, Larger History of the United States, chapter 14._

ALSO IN: _J. T. Austin, Life of Elbridge Gerry, volume 2, chapters 5-8._

_John Quincy and Charles Francis Adams, Life of John Adams, chapter 10 (volume 2)._

UNITED STATES OF AMERICA: A. D. 1797-1800. Early attitude of the Slavocracy in Congress. Treatment of Free Blacks.

"Many people will not allow the least blame to be cast on this period [the later years of the 18th century], because it does not harmonize with their admiration of the 'fathers,' and because they have adopted, without any proof, the common view that the deeper shadows of slavery and slavocracy first appeared comparatively late. … In reading through the debates [in Congress], single striking instances of injustice do not make the deepest impression. It is the omnipresent unwillingness to practice justice towards colored persons,—yes, even to recognize them as actual beings. When the defense of their rights is demanded, then congress has always a deaf ear. … Swanwick of Pennsylvania laid before the house of representatives, January 30, 1797, a petition from four North Carolina negroes who had been freed by their masters. Since a state law condemned them to be sold again, they had fled to Philadelphia. There they had been seized under the fugitive slave law … and now prayed congress for its intervention. Blount of North Carolina declared that only when it was 'proved' that these men were free, could congress consider the petition. Sitgreaves of Pennsylvania asked, in reply to this, what sort of proof was offered that the four negroes were not free. This question received no answer. Smith of South Carolina and Christie of Maryland simply expressed their amazement that any member whatever could have presented a petition of 'such an unheard-of nature.' {3316} Swanwick and some other representatives affirmed that the petition must be submitted to a committee for investigation and consideration, because the petitioners complained of violation of their rights under a law of the Union. No reply could be made to this and no reply was attempted. This decisive point was simply set aside, and it was voted by fifty ayes to thirty-three noes not to receive the petition. … In order to reach this result, Smith had produced the customary impression by the declaration that the refusal of the demand made by the representatives from the southern states would drive a 'wedge' into the Union. When, three years later, the same question was brought before congress again by a petition of the free negroes of Philadelphia, Rutledge of South Carolina declared in even plainer terms that the south would be forced to the sad necessity of going its own way. … The whites who troubled themselves about slaves or free colored persons had no better reception. Year after year the Quakers came indefatigably with new petitions, and each time had to undergo the same scornful treatment. … In all the cases mentioned, the tactics of the representatives of the slaveholding interest were the same and they maintained them unchanged up to the last. If congress was urged to act in any way which did not please them, then slavery was always a 'purely municipal affair.'"

_H. von Holst, Constitutional and Political History of the United States, volume 1, chapter 8._

UNITED STATES OF AMERICA: A. D. 1798. The Alien and Sedition Laws and the Virginia and Kentucky Resolutions.

"The outrages which we suffered from the injustice of England and France gave additional bitterness to the strife between parties at home. The anti-federal press was immoderate in its assaults upon the administration. It so happened that several of the anti-federal papers were conducted by foreigners. Indeed, there were many foreigners in the country whose sympathies were with the French, and their hostility to the administration was open and passionate. The federal leaders determined to crush out by the strong arm of the law these publishers of slanders and fomenters of discontent. Hence the famous 'alien and sedition laws' were passed. The remedy devised was far worse than the disease. It hastened the federal party to its tomb, and was the occasion of the formulation of that unfortunate creed of constitutional construction and of state sovereignty known as the 'Virginia and Kentucky Resolutions' of 1798-99."

_J. S. Landon, Constitutional History and Government of the United States, lecture 6._

The series of strong measures carried by the Federalists comprised the Naturalization Act of June 18, the Alien Act of June 25, the second Alien Act, of July 6, and the Sedition Act of July 14, 1798.

The text of the Naturalization Act is as follows:

June 18, 1798. Acts of the Fifth Congress, Statute II., Chapter liv.:

"An Act supplementary to, and to amend the act, intituled 'An act to establish an uniform rule of naturalization; and to repeal the act heretofore passed on that subject.'

Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no alien shall be admitted to become a citizen of the United States, or of any state, unless in the manner prescribed by the act, intituled 'An act to establish an uniform rule of naturalization; and to repeal the act heretofore passed on that subject,' he shall have declared his intention to become a citizen of the United States, five years, at least, before his admission, and shall, at the time of his application to be admitted, declare and prove, to the satisfaction of the court having jurisdiction in the case, that he has resided within the United States fourteen years, at least, and within the state or territory where, or for which such court is at the time held, five years, at least, besides conforming to the other declarations, renunciations and proofs, by the said act required, anything therein to the contrary hereof notwithstanding: Provided, that any alien, who was residing within the limits, and under the jurisdiction of the United States, before the twenty-ninth day of January, one thousand seven hundred and ninety-five, may, within one year after the passing of this act—and any alien who shall have made the declaration of his intention to become a citizen of the United States, in conformity to the provisions of the act, intituled 'An act to establish an uniform rule of naturalization; and to repeal the act heretofore passed on that subject,' may, within four years after having made the declaration aforesaid, be admitted to become a citizen, in the manner prescribed by the said act, upon his making proof that he has resided five years, at least, within the limits, and under the jurisdiction of the United States: And provided also, that no alien, who shall be a native, citizen, denizen or subject of any nation or state with whom the United States shall be at war, at the time of his application, shall be then admitted to become a citizen of the United States."

_Statutes at Large of the United States, edition 1850. volume 1, pages 566-567._

The following is the text of the two Alien Acts:

June 25, 1798. Statute II., Chapter lviii. "An Act Concerning Aliens.

Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order, which order shall be served on such alien by de·livering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed. And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States. {3317} Provided always and be it further enacted, that if any alien so ordered to depart shall prove to the satisfaction of the President, by evidence to be taken before such person or persons as the President shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the President may grant a license to such alien to remain within the United States for such time as he shall judge proper, and at such place as he may designate. And the President may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties to the satisfaction of the person authorized by the President to take the same, conditioned for the good behavior of such alien during his residence in the United States, and not violating his license, which license the President may revoke whenever he shall think proper.

Section 2. And be it further enacted, That it shall be lawful for the President of the United States, whenever he may deem it necessary for the public safety, to order to be removed out of the territory thereof, any alien who may or shall be in prison in pursuance of this act; and to cause to be arrested and sent out of the United States such of those aliens as shall have been ordered to depart therefrom and shall not have obtained a license as aforesaid, in all cases where, in the opinion of the President, the public safety requires a speedy removal. And if any alien so removed or sent out of the United States by the President shall voluntarily return thereto, unless by permission of the President of the United States, such alien on conviction thereof, shall be imprisoned so long as, in the opinion of the President, the public safety may require.

Section 3. And be it further enacted, That every master or commander of any ship or vessel which shall come into any port of the United States after the first day of July next, shall immediately on his arrival make report in writing to the collector, or other chief officer of the customs of such port, of all aliens, if any, on board his vessel, specifying their names, age, the place of nativity, the country from which they shall have come, the nation to which they belong and owe allegiance, their occupation and a description of their persons, as far as he shall be informed thereof, and on failure, every such master and commander shall forfeit and pay three hundred dollars, for the payment whereof on default of such master or commander, such vessel shall also be holden, and may by such collector or other officer of the customs be detained. And it shall be the duty of such collector, or other officer of the customs, forthwith to transmit to the officer of the department of state true copies of all such returns.

Section 4. And be it further enacted, That the circuit and district courts of the United States, shall respectively have cognizance of all crimes and offences against this act. And all marshals and other officers of the United States are required to execute all precepts and orders of the President of the United States issued in pursuance or by virtue of this act.

Section 5. And be it further enacted, That it shall be lawful for any alien who may be ordered to be removed from the United States, by virtue of this act, to take with him such part of his goods, chattels, or other property, as he may find convenient; and all property left in the United States by any alien, who may be removed, as aforesaid, shall be, and remain subject to his order and disposal, in the same manner as if this act had not been passed.

Section 6. And be it further enacted, That this act shall continue and be in force for and during the term of two years from the passing thereof.

Approved, June 25, 1798."

_Statutes at Large of the United States, edition 1850, Volume I., pages 570-572._

July 6, 1798. Statute II., Chapter lxvi. "An Act respecting Alien Enemies.

Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. And the President of the United States shall be, and he is hereby authorized, in any event, as aforesaid, by his proclamation thereof or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable as aforesaid; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom; and to establish any other regulations which shall be found necessary in the premises and for the public safety; Provided, that aliens resident within the United States, who shall become liable as enemies, in the manner aforesaid, and who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed for the recovery, disposal, and removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States and the hostile nation or government, of which they shall be natives, citizens, denizens, or subjects: and when no such treaty shall have existed, the President of the United States may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.

Section 2. And be it further enacted, That after any proclamation shall be made as aforesaid, it shall be the duty of the several courts of the United States, and of each state, having criminal jurisdiction, and of the several judges and justices of the courts of the United States, and they shall be, and are hereby respectively, authorized upon complaint, against any alien or alien enemies, as aforesaid, who shall be resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President of the United States shall and may establish in the premises, to cause such alien or aliens to be duly apprehended and convened before such court, judge or Justice; and after a full examination and hearing on such complaint, and sufficient cause therefor appearing, shall and may order such alien or aliens to be removed out of the territory of the United States, or to give such sureties for their good behaviour, or to be otherwise restrained, conformably to the proclamation or regulations which shall or may be established as aforesaid, and may imprison, or otherwise secure such alien or aliens, until the order which shall and may be made, as aforesaid, shall be performed.

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