History of the United States

by Charles A. Beard; Mary Ritter Beard

The Quarrel with France.—The French Directory, the executive department established under the constitution of 1795, managed, however, to stir the anger of Republicans and Federalists alike. It regarded the Jay treaty as a rebuke to France and a flagrant violation of obligations solemnly registered in the treaty of 1778. Accordingly it refused to receive the American minister, treated him in a humiliating way, and finally told him to leave the country. Overlooking this affront in his anxiety to maintain peace, Adams dispatched to France a commission of eminent men with instructions to reach an understanding with the French Republic. On their arrival, they were chagrined to find, instead of a decent reception, an indirect demand for an apology respecting the past conduct of the American government, a payment in cash, and an annual tribute as the price of continued friendship. When the news of this affair reached President Adams, he promptly laid it before Congress, referring to the Frenchmen who had made the demands as "Mr. X, Mr. Y, and Mr. Z."

This insult, coupled with the fact that French privateers, like the British, were preying upon American commerce, enraged even the Republicans who had been loudest in the profession of their French sympathies. They forgot their wrath over the Jay treaty and joined with the Federalists in shouting: "Millions for defense, not a cent for tribute!" Preparations for war were made on every hand. Washington was once more called from Mount Vernon to take his old position at the head of the army. Indeed, fighting actually began upon the high seas and went on without a formal declaration of war until the year 1800. By that time the Directory had been overthrown. A treaty was readily made with Napoleon, the First Consul, who was beginning his remarkable career as chief of the French Republic, soon to be turned into an empire.

Alien and Sedition Laws.—Flushed with success, the Federalists determined, if possible, to put an end to radical French influence in America and to silence Republican opposition. They therefore passed two drastic laws in the summer of 1798: the Alien and Sedition Acts.

The first of these measures empowered the President to expel from the country or to imprison any alien whom he regarded as "dangerous" or "had reasonable grounds to suspect" of "any treasonable or secret machinations against the government."

The second of the measures, the Sedition Act, penalized not only those who attempted to stir up unlawful combinations against the government but also every one who wrote, uttered, or published "any false, scandalous, and malicious writing ... against the government of the United States or either House of Congress, or the President of the United States, with intent to defame said government ... or to bring them or either of them into contempt or disrepute." This measure was hurried through Congress in spite of the opposition and the clear provision in the Constitution that Congress shall make no law abridging the freedom of speech or of the press. Even many Federalists feared the consequences of the action. Hamilton was alarmed when he read the bill, exclaiming: "Let us not establish a tyranny. Energy is a very different thing from violence." John Marshall told his friends in Virginia that, had he been in Congress, he would have opposed the two bills because he thought them "useless" and "calculated to create unnecessary discontents and jealousies."

The Alien law was not enforced; but it gave great offense to the Irish and French whose activities against the American government's policy respecting Great Britain put them in danger of prison. The Sedition law, on the other hand, was vigorously applied. Several editors of Republican newspapers soon found themselves in jail or broken by ruinous fines for their caustic criticisms of the Federalist President and his policies. Bystanders at political meetings, who uttered sentiments which, though ungenerous and severe, seem harmless enough now, were hurried before Federalist judges and promptly fined and imprisoned. Although the prosecutions were not numerous, they aroused a keen resentment. The Republicans were convinced that their political opponents, having saddled upon the country Hamilton's fiscal system and the British treaty, were bent on silencing all censure. The measures therefore had exactly the opposite effect from that which their authors intended. Instead of helping the Federalist party, they made criticism of it more bitter than ever.

The Kentucky and Virginia Resolutions.—Jefferson was quick to take advantage of the discontent. He drafted a set of resolutions declaring the Sedition law null and void, as violating the federal Constitution. His resolutions were passed by the Kentucky legislature late in 1798, signed by the governor, and transmitted to the other states for their consideration. Though receiving unfavorable replies from a number of Northern states, Kentucky the following year reaffirmed its position and declared that the nullification of all unconstitutional acts of Congress was the rightful remedy to be used by the states in the redress of grievances. It thus defied the federal government and announced a doctrine hostile to nationality and fraught with terrible meaning for the future. In the neighboring state of Virginia, Madison led a movement against the Alien and Sedition laws. He induced the legislature to pass resolutions condemning the acts as unconstitutional and calling upon the other states to take proper means to preserve their rights and the rights of the people.

The Republican Triumph in 1800.—Thus the way was prepared for the election of 1800. The Republicans left no stone unturned in their efforts to place on the Federalist candidate, President Adams, all the odium of the Alien and Sedition laws, in addition to responsibility for approving Hamilton's measures and policies. The Federalists, divided in councils and cold in their affection for Adams, made a poor campaign. They tried to discredit their opponents with epithets of "Jacobins" and "Anarchists"—terms which had been weakened by excessive use. When the vote was counted, it was found that Adams had been defeated; while the Republicans had carried the entire South and New York also and secured eight of the fifteen electoral votes cast by Pennsylvania. "Our beloved Adams will now close his bright career," lamented a Federalist newspaper. "Sons of faction, demagogues and high priests of anarchy, now you have cause to triumph!"