Such were the measures which at this most critical period of our history were adopted, when the United States, if not carrying on, were undergoing a war with France; and when the country swarmed with secret spies and agents. These laws have been condemned, and President Adams and his government severely censured for having secured their enactment. They were denounced at the time by the republican party in no measured terms. They were claimed to be unnecessary, cruel, and despotic.
But, while it is not our province to enter into a justification of these laws, it may be proper to say, by way of palliation, to use the language of another, "that the laws themselves sprung from existing facts, and self-preservation demanded that the power of providing for the public safety, vested in every government by the very objects of government, should now be used."[68]
The sedition law was never enforced, except against a few—Callender was one—an alien and a fugitive from justice, who would have overthrown the government, in his zeal to build up the republican party.
The necessity for the laws regarding aliens, was more apparent. The Frenchmen in the United States, at that era, were estimated at thirty thousand. Many of them were associated together in clubs, which had for their object the furtherance of French interests. The number of British subjects was still greater. Other foreigners were numerous, and all were attached to France. They were restless, feverish, factious. Whatever may be thought of the expediency or justice of the law in question, no reasonable doubt can be entertained of the necessity of some restrictive measures in a time of such excitement as then prevailed. And yet it must be admitted that no man was actuated by a loftier patriotism than Mr. Adams; nor was any one ever more ready to make sacrifices for his country's good. It is sometimes urged that he was vain, self-willed, impulsive. But these imperfections were relieved by noble virtues. His political opponent—the man who supplanted him—declared that he was the ablest advocate of independence. In days when others desponded, he hoped.
The acts secured the object sought—they secured, if not the peace, the safety of the country; for even while they were in the process of enactment, not a few of the more "notorious of the incendiaries" left the country. But they largely contributed to the overthrow of the existing administration, and the triumph of the democratic party.
As the constitution then existed, each elector gave his vote for two persons, without designating which was to be president—the one having the largest number being entitled to the presidency, and the other to the vice-presidency. Thomas Jefferson and Aaron Burr were the two candidates of the republican party. Each of these having seventy-three votes, it devolved upon the house of representatives to decide between them. The federal party having been defeated in respect to their candidates, sided with the friends of Colonel Burr, in opposition to Mr. Jefferson.
As this was the first time that the election of a president had thus devolved upon the house of representatives, a general interest was taken in the subject. But that interest was greatly increased by the then existing state of political parties. On the arrival of the time for the election, it was decided that, after the balloting had commenced, no adjournment should be had until a choice was made—that during the balloting, the doors of the house should be closed—that the delegation from each state should be seated together—that the latter should first ballot among themselves, and that duplicates of these ballots should be made, and placed in separate boxes. When all the states had thus voted, the ballot-boxes were to be carried by the sergeant-at-arms to two separate tables. The ballots were then to be counted by tellers, eight in number, at each table. When counted, the reports were to be announced from each table; if these reports agreed, they were to be accepted, as the true votes of the states; but, if they differed, a new balloting was to be made.
On Wednesday, the 11th of February, 1801, the balloting commenced. On the first ballot, eight states voted for Mr. Jefferson, six states for Mr. Burr, and the votes of two states were divided. Unexpectedly, no choice was effected during the first day, and an adjournment became necessary. The balloting was continued on the following day, and, indeed, until Tuesday, the 17th of February, when the thirty-fifth ballot, as had all the previous ballots, resulted the same as the first. The excitement of members, and of citizens attracted from various parts of the country to see the issue of a novel political contest, had now become intense. Every possible influence was exerted by the respective parties. Mr. Nicholson, of Maryland, being too unwell to sit during the protracted ballotings, had a bed prepared for him in one of the committee-rooms, to which the ballot-box was carried by the tellers on the part of the state. For several days, the members ate little, and slept still less. At length, however, the long contest was terminated by the thirty-sixth ballot, which resulted in the election of Mr. Jefferson—ten states having voted for him, four for Mr. Burr, and two in blank. The following table exhibits the final result:
| Key: A. | Thos. Jefferson, of Virginia. |
| B. | Aaron Burr, of New York. |
| C. | John Adams, of Massa'tts. |
| D. | C. C. Pinckney, of S. Carolina. |
| E. | John Jay, of New York. |