feeling, that several who wore the new emblem became the objects of violent personal assault. But the zeal for mounting was a good deal increased by the rage it inspired in the more violent democrats—a term restricted at this time to the warm partisans of France, and as yet chiefly employed by the federalists, along with the term Jacobin, as an epithet of reproach. The song of 'Hail, Columbia l' written by the younger Hopkinson, had, under the excitement of the moment, a tremendous run; and, though totally destitute of poetic merit, is still kept in existence by the force of patriotic sentiment. “Adams and Liberty,' written by Paine, of Boston, the son of another signer of the declaration of independence, though now almost forgotten, enjoyed, like Hail, Columbia ! an immense popularity ; both songs being sung at the theaters and elsewhere with rapturous encores."

An act was passed at this session “ for the relief of sick and disabled seamen.

This law required the master or owners of all vessels of the United States, arriving from a foreign port, to pay to the collector at the rate of twenty cents a month for every seaman employed on board such vessels; which sum he was authorized to retain out of their wages. The

money thus collected was to be applied to the temporary relief of sick and disabled seamen.

An act was also passed “for an amicable settlement of limity with the state of Georgia, and authorizing the establishment of a government in the Mississippi territory.” Georgia, by virtue of the cession to her by South Carolina, claimed the whole territory east of the Mississippi river, and south of Tennessee. To the western portion of the same, the United States opposed a counter claim founded upon the treaty of 1783, by which Great Britain ceded it to the United States, and upon the subsequent treaty with Spain.

The act provided a joint commission on the part of the general government and the state of Georgia, to adjust the conflicting claims to the territory west of the Chattahoochie river. •All lands which should be ascertained to belong to the United States were to be disposed of, and the proceeds thereof applied to the payment of the public debt, as in the case of the territory north-west of the Ohio. And all the tract of country bounded by the Chattahoochie on the east and the Mississippi on the west ; and on the north by a line from the mouth of the Yazoo east to the Chattahoochie, and on the south by the 31st degree of north latitude, was to constitute one district to be called the Mississippi Territory, which might thereafter, at the discretion of congress, be divided into two districts with separate territorial governments. The government of the territory was to be the same as that established in the north-western territory, except as to the restriction of slavery. The importation, however, of slaves into the territory from beyond the limits of the United States, was prohibited. The act contained a provision, that the establishment of this government should not impair the rights of Georgia or any person to the jurisdiction or the soil. Most of the measures of the administration bitberto had been popular; and but for two vertain acts passed at this session, ending in the summer of 1798, it is not improbable that the federal party would have acquired a degree of strength that would have been irresistible, and have secured its permanent ascendency. The acts referred to are, “ An act concerning aliens,” and “ An act in addition to the act, entitled, “ An act for the punishment of certain crimes against the United States.?” No one would suppose, from the mere titles of these acts, that they were the famed “ alien and sedition laws” which have given to the year 1798 such political notoriety, and which contributed more, probably, than any other cause, to the overthrow of the federal party in 1800. As many readers are presumed to be unacquainted with the provisions of these laws which have incurred so much popular odium, an abstract of them is here given.

Of the first mentioned of these two acts, the 1st section authorized the president to order all such aliens as he should judge dangerous to the peace and safety of the United States, or should have reasonable grounds to suspect were concerned in any treasonable or secret machinations against the government thereof, to depart out of the country within a given time, to be expressed in the order. Any alien so ordered to

a , depart who should, after the time limited for his departure, be found at large without a license from the president to reside in the United States, was liable to imprisonment not exceeding three years, and was never to be admitted to become a citizen. On satisfactory proof being given by an alien, that no injury or danger would arise from his residing here, the president might grant him a license to remain for such time and at such place as he should designate. The president might also require a bond with sureties for his good behavior.

Section 2, authorized the president, whenever he deemed it necessary for the public safety, to remove out of the country all persons in prison in pursuance of the act, and all who had been ordered to depart, and remained without license. And on their return, they might be imprisoned so long as, in the opinion of the president, the public safety might require.

Section 3, required masters of vessels coming into ports of the United States, to report all aliens on board, the country from which they came, and the nation to which they owed allegiance, their occupation, a description of their persons, &c., under a penalty of $300.

Section 4, gave to the circuit and district courts of the United States cognizance of offenses against the act.

Section 5, secured to aliens the right of disposing of their property.
Section 6, limited the act to the term of two years from its passage.

All courts of the United States and of the several states, having criminal jurisdiction, were authorized, upon complaint against aliens or alien enemies at large, to the danger of the public peace or safety, and contrary to the intent of the proclamation or other regulations established by the president, to cause them to be apprehended and brought before any such court, judge, or justice; and after a full examination and hearing, and for sufficient cause appearing, to order their removal, or to require sureties for their good behavior, or to restrain, imprison, or otherwise secure them, until the order should be performed. Marshals of the districts were to provide for their removal, and to execute the order for their apprehension, under a warrant of the president, or of a judge or justice.

The act relating to “ the punishment of certain crimes against the United States," or, as it is called, the "sedition law," provided that any persons unlawfully combining or conspiring together, to oppose any measure of the government of the United States, or any of its laws, or to intimidate or prevent any officer under that government from undertaking or performing his duty; and any persons, with such intent, counseling or attempting to procure any insurrection, riot, or unlawful combination, were to be deemed guilty of a high misdemeanor, and punishable by a fine not exceeding $5,000, and by imprisonment not less than six months, nor exceeding five years; and, at the discretion of the court, they might also be held to find sureties for their good behavior.

But the provision deemed most objectionable, was the second section, which declared that any person who should write, print, utter or publish, or aid in writing, printing, uttering or publishing, any false, scandalous, or malicious writing against the government, congress, or the president of the United States, with intent to defame them, or to bring them into disrepute, or to stir up sedition within the United States, or to excite any unlawful combinations for opposing or resisting any law of the United States, or any act of the president done in pursuance of any such law, or to resist or defeat any such law, or to aid or abet any hostile designs of any foreign nation against the United States, their people or government, should be liable to be fined not exceeding $2,000, and imprisoned not exceeding two years.

The act farther provided, that any person progecuted for writing or publishing such libel, might, in his defense, give in evidence the truth of the matter contained in the publication charged as a libel; and the jury had the right to determine the law and the fact, under the direction of the court, as in other cases. This was an essentially mitigating provision

of this obnoxious law. The English law of libel was at that time a part of the common law of this country. The defendant in a libel suit was not permitted to justify by proving the truth of the statement charged as libelous. Hence the common expression : “ The greater the truth,

. the greater the libel.” But this law allowed no conviction except in cases in which the defendant failed to furnish evidence of the truth of his statement. This provision, now incorporated into the laws or constitutions of all the states, had then been adopted only in the states of Pennsylvania, Delaware, and Vermont.

The act was to continue in force until the 3d of March, 1801, and no longer.

These laws were intended to counteract the schemes of the unprincipled French directory, whose emissaries in this country abused the freedom of the press by defaming the administration, and exciting the opposition of the people to the government and laws of the union. They did not, however, accord with the disposition and liberal views of the American people. They were of doubtful expediency, even under the circumstances that gave rise to them. Much less toleration would they find at the present day. Yet when it is considered that these laws had the concurrence of a majority of both houses of congress and the executive, and were approved by Washington, Patrick Henry, and other wise and good men, it is to be presumed that there were some cogent reasons for their enactment. The seditious conduct of Genet alone fur. nished a powerful inducement for the adoption of some measure of this kind. But there were at that time many thousands of Frenchmen in this country combined in organized associations, which were believed to be dangerous to the peace of the United States; and an equal or greater number of British subjects whose residence in this country was deemed unsafe at that particular juncture.

Justice to the many good and patriotic men who approved these laws, requires us to add, that what were to be punished under the sedition act as offenses, were already punishable offenses at common law, in state courts; and the federal courts were presumed to have common law jurisdiction of the same offenses. Besides, similar laws had been enacted in some of the states, during the revolution, when unrestricted discussion was not at all times deemed compatible with national safety.

These laws gave birth to the celebrated Virginia and Kentucky resolutions of 1798 and 1799, and to the doctrine of nullification. Astute politicians, as were the leaders of the opposition, readily saw that these laws might be turned into effective weapons against the administration, and the plan was adopted of obtaining the coöperation and influence of the state legislatures. At the request of Mr. Jefferson, Mr. Madison, then a member of the Virginia legislature, introduced the resolutions adopted the 21st of December, 1798. These resolutions declared, (1.) That the constitution of the United States was a compact to which the states were parties, granting limited powers of government. (2.) That in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the compact, the states had the right, and were in duty bound, to interpose for arresting the progress of the evils, and for maintaining, within their respective limits, the authorities, rights and liberties pertaining to them. (3.) That the alien and sedition laws were palpable and alarming infractions of the constitution. (4.) That the state of Virginia, having by its convention, which ratified the federal constitution, expressly declared, that, among other essential rights, the liberty of conscience and the press could not be canceled, abridged, restrained, or modified by any authority of the United States; and from its extreme anxiety to guard these rights from every possible attack of sophistry and ambition, having with the other states recommended an amendment for that purpose, which amendment was in due time annexed to the constitution; it would mark a reproachful inconsistency and criminal degeneracy, if an indifference were now shown to the most palpable violation of one of the rights thus declared and secured, and to the establishment of a precedent which might be fatal to the other. (5.) That the state of Virginia declared the alien and sedition laws UNCONSTITUTIONAL; solemnly appealed to the like dispositions in the other states, in confidence that they would concur with her in that declaration; and that the necessary and proper measures would be taken by each, for coöperating with her, in maintaining unimpaired, the authorities, rights, and liberties, reserved to the states respectively, or to the people. (6.) That the governor should be desired to transmit a copy of each of these resolutions to the executive authority of each of the other states, with a request that they should be communicated to the respective state legislatures, and that a copy should be furnished to each of the senators and representatives of Virginia in congress.

These resolutions, however, did not go to the same extent as those drawn up by Mr. Jefferson himself, to be introduced by his friends into the legislature of Kentucky, and which were passed in November, more than one month earlier than those of Virginia. These resolutions declared that the union was a compact between the states as states, instead of the people of the several states, as held and frequently expressed by Madison since that time, by Jackson in his celebrated anti-nullification proclamation of 1832, and almost all other statesmen of note. They farther declared, “ that, as in other cases of compact between parties paving no common judge, each party has an equal right to judge for