This note is endorsed in Mr. Gallatin’s hand, “Written from city gaol.”

To anxiety in connection with his private affairs was added a certain degree of embarrassment arising from his political situation as representative of a district which was not his residence, and to which he was almost a total stranger. It is an extraordinary proof of his importance to his party that he should have been three times re-elected to Congress over all local opposition. This year he went so far as to decline a re-election, and in June sent early notice of his intention to Judge Brackenridge, in order that he might take advantage of it if he chose; but Mr. Brackenridge absolutely rejected all idea of coming forward, and united with others in urging Mr. Gallatin to remain. No steps were taken to provide a new candidate, and when, late in September, a letter was at last received from Mr. Gallatin containing the bare consent to serve if re-elected, the season was already so far advanced that a new candidate could hardly have been put in the field. In spite of his private interests and of what was more important still, the wishes of his wife, who was cruelly situated during these long separations, Mr. Gallatin was in a manner compelled to remain in public life. Beyond a doubt all his true interests lay there, and he knew it, yet these complications, resulting from the theories of his boyhood and their conflict with all the facts of his character, continued to embarrass his situation during his whole public career.

A few weeks at New Geneva were all the vacation he could obtain, and these in the turmoil of an election. The war fever against France had been employed by the Federalists to strengthen the hands of government, and no one now denies that the Federalists carried this process too far; the alien and sedition laws were unwise; the greatest of all the Federalists, next to Washington, John Marshall, of Virginia, did not hesitate to avow this opinion at the time, though at the risk of being ruled out of the party by his New England allies; but a more curious example of Federalist temper is furnished by the constitutional amendment proposed by Massachusetts:

Commonwealth of Massachusetts.
In the House of Representatives, June 28, 1798.

... It is the wish and opinion of this Legislature that any amendment which may be agreed upon should exclude at all events from a seat in either branch of Congress any person who shall not have been actually naturalized at the time of making this amendment, and have been admitted a citizen of the United States fourteen years at least at the time of such election.

This amendment was universally understood to be aimed at Mr. Gallatin, yet it is not easy to see how its supporters could have expected its adoption unless they looked forward to a development of party power as a result of the war fever, and a substantial eradication of the Republicans, such as would leave no bounds to their own sway. On the other hand, the Republicans were not behindhand in their acts of defence. They believed, not without ground,[44] that the Federalists aimed at a war with France and an alliance with England for the purpose of creating an army and navy to be used to check the spread of democracy in America; already the army had been voted and Hamilton had been made its commander, in fact if not in name. A collision between the two parties was imminent, and Virginia prepared for it on her side as the Federalists were doing on theirs. She armed her militia and made ready to seize the government arsenals. Her Legislature and that of Kentucky took in advance the ground that was to sustain their acts, and Mr. Madison himself drew the famous nullification resolves of Virginia, in which he declared that Virginia was “in duty bound to interpose for arresting the progress of the evil,” and did “hereby declare” the alien and sedition laws “unconstitutional and not law, but utterly null, void, and of no force or effect.” It is true that the words italicized were struck out by the Legislature; but the principle remained. What Mr. Gallatin thought of these measures nowhere appears, but there is among his papers a copy of the Virginia resolutions as adopted, which was endorsed by him at a much later period: “Moved by Taylor, of Caroline. Mr. Madison was not member of Legislature at that session. At the ensuing session he drew the report justifying the resolutions as well as he could.” Mr. Madison continued all his life to justify these resolutions “as well as he could,” but the only justification they were susceptible of receiving was one of history and not of law. They formed a foundation for revolution, if revolution proved unavoidable.

The session of 1798-99 opened in the midst of a highly-excited political feeling. The two parties were face to face, and the Union was in the utmost peril; all that was needed to insure collision was war with France, for in that case the repressive measures adopted or contemplated by the Hamiltonian Federalists must have been put in force, and both parties were well aware what would result. Meanwhile, Mr. Gallatin, aided only by John Nicholas, of Virginia, carried on the opposition as he best could. Cautious as ever, he rarely risked himself in a position he could not maintain, and his boldest sallies were apt to be made in order to cover the retreat of less cautious friends, like Edward Livingston, who were perpetually quitting the lines to fight in advance of their leader. How Mr. Gallatin was then regarded by his party is best seen in the letters of Curtius, which had a great vogue during this winter and were reprinted in Bache’s paper, afterwards the Aurora. Their author, John Thompson, was looked upon as a most brilliant young man, and, since his age was but twenty-three, it is probable that he might have one day worked through the stilted and artificial style and thought of this early production and developed into something ripe and strong, although it must be confessed that the reader who now runs his eye over these pages of ponderous invective addressed to John Marshall is strongly inclined to smile at the expressions as well as at the thought. At all events, they serve to show how Mr. Gallatin was regarded by at least one young Virginian of unusual promise, whose language was an echo of party feeling, however florid in expression.

“Mr. Gallatin has been persecuted with all the detestable rancor of envy and malice. The accuracy of his information, the extent of his knowledge, the perspicuity of his style, the moderation of his temper, and the irresistible energy of his reasoning powers render him the ablest advocate that ever appeared in the cause of truth and liberty. Patient and persevering, temperate and firm, no error escapes his vigilance, no calumny provokes his passions. To expose the blunders and absurdities of his adversaries is the only revenge which he will condescend to take for their insolent invectives. Serene in the midst of clamors, he exhibits the arguments of his opponents in their genuine colors, he divests them of the tinsel of declamation and the cobwebs of sophistry, he detects the most plausible errors, he exposes the most latent absurdities, he holds the mirror up to folly, and reasons upon every subject with the readiness of intuition and the certainty of demonstration. Elevated above the intrigues of parties and the weaknesses of the passions, he is never transported into any excess by the zeal of his friends or the virulence of his enemies. His object is the happiness of the people; his means, economy, liberty, and peace; his guide, the Constitution. The sympathies which fascinate the heart and mislead the understanding have never allured him from the arduous pursuit of truth through her most intricate mazes. Never animated by the impetuous and turbulent feelings which agitate popular assemblies, he preserves in the midst of contending factions that coolness of temper and that accuracy of thought which philosophy has hitherto claimed as the peculiar attribute of her closest meditations. He unites to the energy of eloquence and the confidence of integrity the precision of mathematics, the method of logic, and the treasures of experience. His opponents slander him and admire him; they assail him with ignorant impertinence and pitiless malice, and yet they feel that he is the darling of philosophy, the apostle of truth, and the favorite votary of liberty.... The men who are supported by a foreign faction have the effrontery to vilify him because he is a foreigner.... This foreigner has defended the Constitution against the attacks of native Americans, and has displayed a noble ardor in the defence of his adopted country.”...

Critical as the situation was, and trying to the temper and courage of a party leader, it had nevertheless some conspicuous advantages for Gallatin. He had nothing to gain by deserting his post and retiring to the safe shelter of a State Legislature. The nullification of an Act of Congress had no fascinations for him. Like other foreign-born citizens, in this respect like Mr. Hamilton himself, Gallatin felt the force of his larger allegiance to the Union more strongly than men like Jefferson and Madison, Fisher Ames or Roger Griswold, whose heartiest attachments were to their States, and who were never quite at their ease except on the soil and in the society of their birthplace. Gallatin was equally at home in Virginia, in Pennsylvania, and in New York. It is curious to observe that even in argument he rarely attempted to entrench himself behind States’ rights without a perceptible betrayal of discomfort and a still more evident want of success. His triumphs must necessarily be those of a national leader upon national ground, and these triumphs were helped rather than hurt by that defection among his friends which left him to sustain the contest alone. There was no one to control his freedom of action, and there was little danger that his party would refuse to follow where he led, when they had no other leader. Moreover, even in that day, when party feeling ran higher than ever since, there was no such party tyranny as grew up afterwards in American politics. During the six turbulent years of Gallatin’s Congressional service there were but two meetings of his party associates in Congress called to deliberate on their political action: the first was after the House had asserted its abstract right to decide on the propriety of making appropriations necessary to carry a treaty into effect, whether such appropriations should be made with respect to the British treaty; the other was in this year, 1798, to decide upon the course to be pursued after the hostile and scandalous conduct of the French Directory. On both occasions the party was divided, and the minority were left to vote as they pleased without being considered as abandoning their party principles.[45] Under such circumstances an honest man might belong to a party, and a leader might remain an honest man; his action was not impeded by the dictation of a caucus, and his personal authority and influence were irresistible.

If the discipline and unanimity of his own party were in his favor, on the other hand the strength of his opponents was more apparent than real. In the face of a foreign war the Federalists were in equal peril whether they advanced or whether they receded. The Hamiltonian Federalists were ardent for war, for an army, and for coercive measures against domestic opposition;[46] the moderate Federalists, probably a large majority of the party with the President at their head, would have been glad to recede with credit. Under these circumstances Mr. Gallatin adopted the only safe and sensible line of conduct open to him; leaving the field of foreign relations entirely alone, and abandoning every attempt to stand between the exasperated majority and the corrupt French Directory, he turned his attention exclusively to domestic affairs, to the necessity for economy, to the alien and sedition laws, and to Executive encroachments. Within these limits he was ready and able to carry on a vigorous and effective campaign, and accordingly he reappeared at the opening of the session of 1798-99 with as little hope of a majority as ever, but determined to maintain his position and to assert his strength. At the very outset this determination brought him sharply in contact with his old antagonist, Harper, of South Carolina, in debate on the principle of “Logan’s Act,” by which it was made a high misdemeanor for any man to carry on “directly or indirectly any verbal or written correspondence or intercourse with any foreign government” or its officers with intent to influence its measures in any dispute with the United States. Dr. Logan, of Philadelphia, had constituted himself a negotiator with the French nation, and his conduct gave rise to the Act. Mr. Gallatin opposed the resolution which directed a committee to report such a bill, and he concluded a speech by threatening retaliation on those who imputed motives to him and his party after the manner which Mr. Harper greatly affected: