XIII. call upon the co-states "to concur in declaring these CHAPTER acts void and of no force, and each to take measures of its own for providing that neither these acts, nor any 1798. other of the general government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories." The ninth resolution of Jefferson's draft gave to this same committee a power to correspond with other like committees, to be appointed by the "co-states," and also required a report of that correspondence at the next session of the Legislature. Carefully covered up under promises of secrecy, Jefferson was very bold with his pen; and if other writings of his were of this questionable character, we need not be so much surprised, especially now that the Sedition Act was in force, at the nervous anxiety which many of his letters exhibited lest his seals should be broken open by Federal spies in the post-offices. The present dose, indeed, was rather too strong even for George Nicholas, who had undertaken to present the resolutions for adop tion by the Kentucky Legislature; and in his hand they underwent a change, much to be approved on the score of discretion, but which caused them to present a somewhat ludicrous contrast between boldness of preamble and tameness of conclusion. Nicholas adopted the first seven resolutions entire; but for the eighth and ninth he substituted two of his own directing that the preceding resolutions be laid before Congress by the Kentucky senators and representatives, who were required "to use their best endeavors to procure at the next session of Congress a repeal of the aforesaid unconstitutional and obnoxious acts;" the governor being also instructed to transmit the resolutions to the Legislatures of the several states, to whom an earnest argumentative appeal was made, bor CHAPTER rowed partly from Jefferson's eighth resolution, for an XIII. expression of opinion as to the Alien and Sedition Laws, 1798. and for their concurrence with Kentucky in declaring those laws void and of no force, and in requesting their repeal at the next session of Congress. In this shape the Nov. 14. resolutions passed the Kentucky Legislature with only two or three dissenting votes. A few weeks after, the same doctrine of nullification, nearly or quite to the full extent of Jefferson's original draft, its virulence, however, somewhat disguised by the Dec. 24. generality of the terms, was re-echoed by the Legislature of Virginia in a series of resolutions, drafted by Madison, and offered by that same John Taylor who had suggested but a few months before the idea of a separate confederacy, to be composed of Virginia and North Carolina. These resolutions began with expressing a warm attachment to the Constitution and the Union, after which they proceeded to assert that the powers of the Federal gov ernment result only from a compact to which the states are the parties, "and that in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the states who are the parties thereto have the right and are in duty bound to interpose for correcting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them." Next came an expression of "deep regret at a spirit in sundry instances manifested by the Federal government to enlarge its powers by forced constructions of the constitutional charter, and of indications of a design to expound certain general phrases so as to destroy the meaning and effect of the. particular enumeration which necessarily explains and limits the general phrases," and "so to consolidate the states, by degrees, into one sovereignty, the obvious tend XIII. cncy and inevitable result of which would be to trans- CHAPTER form the present republican system of the United States into an absolute, or, at best, a mixed monarchy." The resolutions then wound up with a protest against the Alien and Sedition Laws, which, for certain reasons set forth, were pronounced "palpable and alarming infractions of the Constitution ;" a protest in which the other states were called upon to join, and each "to take the necessary and proper measures for co-operating in each state in maintaining, unimpaired, the authorities, rights, and liberties reserved to the states respectively, or to the people." These resolutions were passed, after a warm debate, by a vote of one hundred to sixty-three in the House of Delegates, and of fourteen to three in the Senate. About a month after, they were sent out with an address, drawn probably by Madison, very able and adroit, containing the entire case of the opposition as against the Federal administration; to which an answer, not less able, was soon put forth, signed by fifty-eight of the minority. In the midst of these formidable preparations for bringing the state authorities into direct conflict with the Federal government, the fifth Congress came together for its third session. The president's speech began with some allusions to the yellow fever, and the propriety of establishing, in aid of the health laws of the states, some general system of quarantine compatible with the interests of commerce and the safety of the revenue. It next suggested, as an addition to the ordinary objects of "our annual oblation of gratitude," that spirit which had arisen against the menaces and aggressions of a foreign nation; a manly sense of national honor, dignity, and independence, which, if encouraged and invigorated by every branch of the 1798. XIII. CHAPTER government, would "enable us to view undismayed the enterprises of any foreign power, and become the sure 1798. foundation of national prosperity and glory." The information as to the relations of France and the United States, received during the recess, and which he promised to make the subject of a special communication, went, in his view of it, to confirm the failure of all attempts at an amicable arrangement. These papers would, indeed, show the French government apparently solicitous to avoid a rupture; they even contained an expression of willingness to receive a minister from the United States. But that willingness was unfortunately expressed in terms which might seem to imply the inadmissible pretension to prescribe the minister's qualifications, and even to question the sincerity of the United States in their often-expressed and repeated wishes for peace. The late decree requiring French privateers to conform to the laws could give no effectual relief, since those very laws were among the chief things complained of; especially the one subjecting to capture all vessels having British products on board; a decree in itself an act of war, presenting the French government as a power regardless of the independence, sovereignty, and essential rights of neutral nations, and only to be met, consistently with the interest and honor of such neutral nations as had the power to make it, by a firm resistance. Nothing, in his opinion, was discoverable in the conduct of France "which ought to change or relax our measures of defense." On the contrary, it would be true policy to extend and invigorate them. "An efficient preparation for war can alone secure peace. It is peace that we have uniformly and perseveringly cultivated, and harmony between us and France may be restored at her option. But to send another XIII. minister, without more determinate assurances that he CHAPTER would be received, would be an act of humiliation to which the United States ought not to submit. It must, 1798. therefore, be left with France, if she is indeed desirous of accommodation, to take the requisite steps. The United States will steadily observe the maxims by which they have hitherto been governed. They will respect the sacred rights of embassy; and, with a sincere disposition on the part of France to desist from hostility, to make reparation for the injuries hitherto inflicted, and to do justice in future, there will be no obstacle to the restoration of a friendly intercourse." But while giving this public pledge of readiness to meet any sincere advance on the part of France toward peace, the president still urged, as the only sure means of obtaining an equal treaty and insuring its observance, preparations for war, and, particularly, attention to the naval establishment. Perhaps no more sudden and remarkable advantages had ever been experienced from any measure than those derived from arming for maritime defense. A foundation ought to be laid, without loss of time, for giving an increase to the navy, sufficient to guard our coasts and protect our trade," and he recommended to the attention of Congress "such systematic efforts of prudent forethought as would be required for this object." Adams had been accustomed, after Washington's example, to consult his cabinet ministers as to the contents of his speeches, and, like him, to make free use of the drafts which they furnished. A large portion of that part of the speech relating to France had been taken from a draft furnished by Wolcott; but on one important point there had been a deviation. Wolcott's draft had expressly declared, and, in so doing, had expressed the opinion of at least a majority of the cabinet, that to send |