lars. Mr. Jefferson says, that Callender then asked the office of Postmaster at Richmond, which being refused, Callender became his enemy; and published that Mr. Jefferson helped him to print his book.

66

66

66

Whether a sedition law was necessary or not, may be judged of from these extracts from Callender's "Prospect before Us." "The reign of Mr. Adams has been one con"tinued tempest of malignant passions. He has never opened his lips, or lifted his pen, without threatening and scolding. Mr. Adams has labored, with melancholy success, to break up the bonds of social affection." "Adams " and Washington have since been shaping a series of these "paper jobbers, into judges and ambassadors, as their whole 66 courage lies in want of shame. These poltroons, without "risking a manly and intelligent defence of their own measures, raise an affected yelp against the corruption of "the French Directory; as if any corruption would be "more venal, more notorious, more execrated than their ❝ own." "Mr. Adams has only completed the scene of "ignominy, which Mr. Washington began." "By sending "these ambassadors to Paris, Mr. Adams, and his British "faction, designed to do nothing but mischief." "This "hoary headed incendiary, (Adams,) this libeller of the "Governor of Virginia, bawls out, to arms! then to arms!" "He is not an object of envy, but of compassion and hor"ror." "When a chief magistrate is, both in his speeches "and newspapers, constantly reviling France, he cannot expect, nor desire, to live long in peace with her." "Take your choice, then, between Adams, war, and beg"gary; and JEFFERSON, peace, and competency." These are only a small portion of similar expressions, which "The Prospect before Us" contains.

66

This unfortunate disagreement between this " man of science" and Mr. Jefferson, did not, probably, occur until the latter became President; because one of Mr. Jefferson's first official acts was the release of Callender from prison. The reason which Mr. Jefferson gives for this interposition, is a remarkable one; it is contained in a letter to George Hay, Esq. (in vol. iv. p. 75, written while Burr was on trial,) which shows how Mr.

power. He says,

"Interson construed constitutional

cases of Callender and others, "the judges determined the sedition act was valid, under

"the constitution; and exercised their regular powers of "sentencing them to fine and imprisonment. But the ex"ecutive," (that is, Thomas Jefferson,) "determined that "the sedition act was a nullity under the constitution, and "exercised his regular power of prohibiting the execution "of the sentence, or rather of executing the real law, which "protected the acts of the defendants. From these different "constructions of the same act, by different branches, less "mischief arises, than from giving any one of them a con"trol over the others." Thus it is seen that Mr. Jefferson asserted the right of declaring any law a nullity, although the judicial power, which has the exclusive constitutional right to decide, had determined otherwise. This was not a perversion on his part, but was his notion of right and wrong. Duane, or Bache, it is not recollected which, (both of whom published papers of which Mr. Jefferson approved,) was one of the "others" to whom Mr. Jefferson alludes. This editor was under an indictment, at the suggestion of the Senate, for a libel on that body. Mr. Jefferson ordered this prosecution to be dropped, as soon as he became President. He also ordered the marshal of Virginia to pay back to Callender the fine of two hundred dollars imposed on him; though Mr. Jefferson might as lawfully have ordered the whole contents of the treasury to be paid to him.

The expediency, and even the necessity of the alien and sedition laws, cannot be doubted by any reasonable man, in the condition of the country at the close of the last century. Unless the people of the United States were disposed to see their own government, and their own public officers, submitted to the dominion of foreign and internal combinations, such laws ought to have had their respect, and approbation. There may have been some provisions, in these laws, which were inexpedient; that of vesting certain powers in the President, may be thought so. It would have saved him from some odium, perhaps, if the power to order aliens out of the country, had been vested in some judicial officers. It is not obvious how the President was to acquire that knowledge of facts, which would enable him to exercise his powers without oppression. It was an authority which an executive officer could hardly desire; and one which subsequent experience of official aptitudes, would not incline one to see renewed. These were perilous days, originating in

the distempered state of Europe; and it is to be hoped, that the like will not recur from such, or any other cause.

Among other legislative movements in the summer of 1798, was a proposition made by Mr. Griswold, (afterwards Governor of Connecticut,) to amend the sedition law, by providing for the punishment of such persons as interfered in the diplomatic affairs of the United States, and foreign nations. Early in this year a certain Dr. Logan departed from Philadelphia for Paris, charged with a private mission on public affairs to the Directory. By whom sent, was no secret. The House addressed the President, two to one, on this very serious subject; and a like address passed the Senate, with only five dissentients. In this address it is said, "We deplore that there are those who call themselves by "the American name, who have daringly insulted our "country, by an usurpation of powers not delegated to them, "and by an obscure interference in our concerns."

Mr. Jefferson was said, at the time, to have sent Logan to Paris. In one of his letters, he answers some inquiry on this subject; and says, that the accusation is groundless; that Logan was self-appointed, and that he (Mr. Jefferson) did no more than to give him some sort of passport.

LETTER XXX.

MAY 17, 1833.

An act of Congress, re-organizing the judiciary, passed on the 13th of February, 1801, was considered almost universally, by the profession of the law, as a wise and expedient measure. It proved to be among the acts of Mr. Adams's administration which attracted, especially, Mr. Jefferson's disapprobation. The details of this act show it to have been prepared with great ability, and of all the objects of vindictive demolition, this, certainly, was best entitled to be spared. It divided the United States into six circuits, and provided for the appointment of three judges in each, leaving the judges of the Supreme Court to exercise power as a court of appeals, and for the correction of errors. Between the 13th of February and the 4th of March all the judges were appointed by Mr. Adams, and the commissions

issued. The individuals selected for these offices were men of high standing, and worthy of all confidence. But the popular cry was set up, and the measure vehemently condemned by all the Jeffersonian party. The judges were called "the midnight judges of John Adams," in allusion to the supposed time of appointment, at the close of his official duties. It will hereafter be seen what Mr. Jefferson thought of this measure. He said, though one can hardly credit that he did so, that he regarded all Mr. Adams's appointments after the 14th of February, (while the House of Representatives were balloting for President,) as absolutely void. This must be understood to mean, that though Mr. Adams was constitutionally President up to the midnight hour of the 3d of March, yet he ought to have submitted his will to that of his successor; and should have refrained from carrying an act of Congress into effect which might not conform to that will. On the same principle, Mr. Jefferson withheld the commissions of certain magistrates, whom Mr. Adams had appointed, in the District of Columbia. The commissions were made out, and ready for delivery, but Mr. Jefferson ordered them to be suppressed. One of these magistrates (Mr. Marbury) applied to the Supreme Court for a writ of mandamus (command) to Mr. Madison, the new President's Secretary of State, to deliver his commission. But after an able investigation of constitutional law, the court did not grant the motion. Mr. Jefferson found a commission, duly made out and signed by Mr. Adams, appointing a gentleman District Judge in Rhode Island. This commission he suppressed, and Mr. Jefferson appointed one in whom he could confide.

Among his friends, President Adams was thought to have exercised an indiscreet act of mercy in pardoning one John Fries. This person was tried at the Circuit Court of the United States, held at Philadelphia in April, 1800, on a charge of treason. Samuel Chase, a Judge of the Supreme Court of the United States, and the District Judge, Peters, sat in the trial.

The "federal" administration of the government of the United States terminated with Mr. Adams's four years, on the 4th of March, 1801. Whether it would have continued longer, if some other man of that party had been Washington's successor, can only be matter of conjecture. This

may perhaps be admitted, that some other man, Thomas Pinckney, for example, might have conducted public affairs with more prudence and conciliation. Mr. Adams was liable to sudden impressions, and was little inclined to surrender them under the influence of counsel. He felt great

confidence in the purity and soundness of his own views, and thought the good of the country required that they should be carried into effect. He failed, probably, in testing his own opinions by comparing them with the opinions of other men. Such comparison cannot depreciate sound opinions, and may often correct erroneous ones. It may be, that Mr. Adams had some tendency to be jealous of those around him, and disposed to apprehend that they meant to exercise a control, to which it would be derogatory to submit. But this apprehension would not prevent a dignified inquiry into the sentiments of others; nor an adherence to his own, if they remained unshaken. It may be too, that Mr. Adams over-valued his own services, and importance, as a public man; and was inclined to be his own counsellor with more pertinacity than became a person of his knowledge and actual experience. Whatever may have been his qualities, this is certain, that he aided the purposes of his political adversaries, and disconcerted some of his best political friends. It is very possible, therefore, that a more discreet man might have continued the federal party in power, for another term. But Mr. Jefferson and his partisans and newspapers, had made such and so general an impression on public opinion, as to demonstrate, that the original construction of constitutional power was not destined to endure. The control which a certain class of men, in this country, are likely ever to have over a majority, leads to the conclusion, that they will always impose on such men, as constituted the federal party, the duty of forming an opposition, or of submitting to a popular despotism. This, as history proves, again and again, is the precursor of real despotism. Such seems to have been man's destiny; and what there is, or may be, to exempt Americans from it, is not discerned from any experience hitherto had.

Taking out of the case Mr. Adams's peculiarities, the measures of his four years were honorable and useful to the country; incomparably more so (as will be proved) than those of the next eight years. If the purpose of establishing