Our Presidents and how we make them

by Alexander K. McClure

While the Alien and Sedition laws were apparently aimed at those who were open enemies of the country in war, they were, in fact, intended to suppress criticism of the administration and to impose the severest penalties for open hostility to its policy. The first session of the Congress of 1797–98 lasted eight months, and even in the fierce passions of civil war the Congressional debates did not equal the asperities of the Congressional debates of a century ago. The first Alien law lengthened the period for naturalization to fourteen years, and all emigrants were required to be registered and the certificate of registration to be the only proof of residence. All alien enemies were forbidden the right of citizenship under any circumstances.

JOHN ADAMS

Another of the series gave the President the power in case of war to seize or expel all resident aliens of the nation at war with us, and yet another gave the President power to deport any alien whom he might think dangerous to the country, and if after being ordered away he remained in the country, he was subject to imprisonment for three years and forbidden citizenship. In addition to these provisions, aliens so imprisoned could be removed from the country by the President’s order. Such were the general provisions of the Alien law. The Sedition bill, that was part of the same policy, declared that any who hindered officers in the discharge of their duties or opposed any of the laws of the country were guilty of high crime and misdemeanor, punishable by fine and imprisonment. Those who were guilty of writing or publishing any false and malicious writings against Congress or the President, or aided therein, were made punishable by a fine of $2000 and imprisonment for two years.

These measures were in harmony with the Federal theory of government. The Federal leaders did not believe the people capable of self-government, and Adams felt justified in imposing the severest penalties upon all who severely criticised or violently opposed the administration. Washington was yet alive and in full mental and physical vigor when these laws were passed, and it is reasonable to assume that he approved of them, as he could have defeated them if he had opposed their enactment. Hamilton vainly protested against the Alien and Sedition laws as a fatal political blunder, but Federalism had never suffered defeat, and President Adams never doubted his re-election until the vote was declared against him.

The contest of 1800 had its lines so well defined from the outset that candidates for President and Vice-President were as clearly indicated, although without any formal declaration, as national tickets would be indicated by a national convention of modern times. There is no record of the Congressional caucus in 1800, but it seems to be an accepted tradition that the Federals, who had a majority of the House, first called a secret caucus to confer about the management of the campaign. They did not formally name candidates, but by general consent Adams was accepted as the candidate for President and Charles C. Pinckney, of South Carolina, for Vice-President. Apparently well-authenticated reports tell of a Republican Congressional caucus held during the same year, but there is no preserved record of it. If such a caucus was held, candidates were not nominated nor was any declaration of principles made. The chief object of the Republican caucus seems to have been to harmonize the friends of Jefferson on Burr as the accepted candidate for Vice-President, but no preference was expressed in any formal way. When the Federalists held their first caucus the Republicans denounced it as a “Jacobinical conclave,” and so severe were the criticisms of the Philadelphia Aurora, the leading Jefferson organ, that its editor was at one time arraigned before the bar of the Senate.

The contest of 1800 opened early in the year, the reported Congressional caucuses having been held in February or March, and from that time until the election the political discussions were acrimonious to a degree that would surprise the present generation. Jefferson had cordially united his friends in the support of Burr, and it was Burr’s magnificent leadership that carried the electoral vote of New York by winning the Legislature of that State as early as May. New York had voted for Adams in 1796, and the loss to Adams of one of the leading States of the Union and its transfer to Jefferson made the battle next to hopeless for Adams, but he and his friends fought it out to the bitter end.

No new States had been admitted during the Adams administration, and the same sixteen States which had elected Adams over Jefferson were then to pass a second judgment upon the great leaders of the two opposing political theories of that day. In Pennsylvania the Federalists controlled the Senate chiefly by hold-over Senators, as the popular sentiment of the State was strongly for Jefferson. In the three previous elections for President the Pennsylvania Legislature had passed special acts authorizing a popular vote for President, but in 1800, the Federals having control of the Senate, refused to pass a bill for an election whereby the choice of electors was thrown into the Legislature, and it required joint action of the Federal Senate and the largely Republican House to provide for a choice of electors even by the Legislature. The Federal Senators refused to go into joint convention except upon conditions which would divide the electoral vote, and the Republicans of the House were compelled to choose between disfranchising the State, as New York had been disfranchised in 1789, or to concede a large minority of the electors to Adams.

It was finally agreed that each House should nominate 8 electors, and that the Houses should then meet jointly and each member should vote together for 15 of the 16 thus nominated. The result was that the Federalists forced the election of 7 Adams electors with 8 for Jefferson. The Federal Senators, 13 in number, who controlled the Senate against the 11 Republicans, were heralded by their party papers and leaders as grand heroes, because by the accident of power in one body of the Legislature not immediately chosen by the people they had wrested 7 electors from Jefferson, which would have been given to him either by a popular vote or by a joint vote of the Legislature.

Rhode Island at this election for the first time chose electors by popular vote, making 6 States which chose electors by the vote of the people and 10 which chose electors by the Legislature. As the electoral colleges could vote only for candidates for President, Jefferson and Burr received precisely the same vote, 73 in number, and Adams received 65, with 64 for Pinckney and 1 for John Jay. The following is the table of the vote as cast in the electoral colleges: