In other words, it was what the French call a gesture, the act of a lawyer reserving certain points in a trial before a tribunal and the right to present conclusions. It was not the act of a revolutionist and for the time being at least, although adopted in a modified form both by Kentucky and Virginia, it remained a gesture and a simple protest against Federalist usurpations.
The end of the fall came, and Jefferson relapsed once more into his cautious silence. One letter only, written from Monticello to John Taylor, is found in the files for that period.[370] This time Jefferson was more optimistic; the ardor of the Federalists for war seemed to have cooled down and the people began to realize that national pride was a very expensive article, that wars had to be paid for: "the Doctor is now on his way to cure it, in the guise of the tax gatherer."
At the end of the month, the Vice President set out for Philadelphia to attend the opening of the third session of the Fifth Congress. Adams' address was anxiously awaited. Much to the surprise and disgust of the war party, if it could not be called conciliatory, it was far less provocative than the address of the twenty-first of June preceding. He protested against the decree of the Directory constituting "an unequivocal act of war" and maintained that "to invigorate measures of defence" was the true policy of the United States. But while he thus reiterated some of his previous statements, the tone was far less truculent. President Adams, while frowning threateningly, held behind his back the olive branch and was ready to extend it. The conclusion was one of these milk-and-water statements, that curious balancing of two positions so often found in American State papers relating to foreign affairs:
But in demonstrating by our conduct that we do not fear war in the necessary protection of our rights and honor, we shall give no room to infer that we abandon the desire of peace.... An efficient preparation for war can alone insure peace. It is peace that we have uniformly and perseveringly cultivated, and harmony between us and France may be restored at her option.
Then came the really important part: "The United States Government could not think of sending another minister ... unless given positive assurances that he would be received. It must therefore be left with France (if she is indeed desirous of accommodation) to take the requisite steps."
Apparently an innocuous statement, but yet it was a new note; as it was known that Adams had received some communications from Gerry and was to make these communications known, it was supposed that a real change and a change for the better was about to take place in the relations between the two countries. Therefore Jefferson could mention in the speech "a moderation unlike the President", and he also knew that Vans Murray, the American minister at the Hague, had informed his Government "that the French Government is sincere in their overtures for reconciliation and have agreed, if these fail, to admit the mediation offered by the British Government."[371]
In the meantime the fight in Congress was merrily going on, with that peculiar circumstance that both leaders remained behind the scenes. To the Kentucky Resolutions, followed by much milder representations from other State legislatures, Hamilton opposed his instructions sent to Dayton, and since published in his "Works." If they had fallen into Jefferson's hands he would have found in them ample grounds for his fears. The Federalist leader was of the opinion that his party was losing ground, and the late attempt of Virginia and Kentucky to unite the State legislatures in a direct resistance to certain laws of the Union, could be considered in no other light than as an attempt to change the Government. Under the circumstances, and considering that "the enemies of the Government were resolved, if it shall be practicable, to make its existence a question of force", Hamilton had devised a certain plan to be executed by the Federalist troops in Congress. The measures came under four heads: establishments which will extend the influence and promote the popularity of the Government; provision for augmenting the means and consolidating the strength of the Government; arrangements for confirming and enlarging the legal powers of the Government; laws for restraining and punishing incendiary and seditious practices. The detail of the recommendations showed a perfectly well-concerted plan to concentrate all powers in the hands of the Federal Government.
One of the most remarkable proposals was perhaps the project of subdividing the larger States into several small States containing no less than a hundred thousand persons each, as these new units would be "better adapted to the purposes of local regulations and to the preservation of the Republican spirit." It is not without interest here to note that the Federalist leader proposed the very measures which had been adopted in France when the old provinces were divided into départements. In the case of the Federalists, as in the case of the Constituents, the purpose was the same: a concentration of all powers into the hand of a central authority and the suppression of local government. Other recommendations were an extension of the judiciary with a Federal judge at the head of each district; the appointment of conservators or justices of peace, who were to supervise the energetic execution of the laws and to promote "salutary patronage"; a stronger army; improvement of roads; powers given to the Government to call out the militia to suppress unlawful combinations and insurrections; power given to Congress to build canals through the territory of two or more States, that "all seditious writings levelled against any officers whatever of the U. S. shall be cognizable in the courts of the United States."
If the administrative reorganization advocated by Hamilton had been effected, it would have made the United States not far different from the France of Napoleon and, such being the plans of the Federalists, it cannot be said that Jefferson's fear was entirely exaggerated.
One of the first victories of the Federalists was to pass the famous Logan Law (January 30) forbidding any citizen of the United States to commence or carry on any verbal or written correspondence or intercourse with any foreign government, or any officer thereof in relation to any disputes or controversies with the United States. Doctor Logan's intentions had been of the best. He had seen members of the French Directory in Paris and had brought with him "non-equivocal proofs of the pacific dispositions of the French Government towards the United States" and particularly the Statement of Merlin that "la liberté des États-Unis nous a coûté trop de sang pour qu'elle ne nous soit pas chère."[372] None of these activities could be called treacherous, and in normal times would not have been noticed. But behind Logan, Jefferson was aimed at, and he was perfectly aware, as he wrote to Madison, that "the real views in the importance they have given to Logan's enterprise are mistaken by nobody."[373] Yet he thought he had to justify himself to his friends, and sent a long letter on the subject to Gerry. Far more important than his defense was a declaration of the principles he did not fear to avow. "They are unquestionably," he said, "the principles of the great body of our fellow-citizens." It was really the program of the Democratic Party and the most luminous exposition of the Jeffersonian doctrine ever made.