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ency 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.

CHAPTER government, would "enable us to view undismayed the XIII. 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

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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 déviation. 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

CHAPTER another minister to France would be an act of humilia

XIII. tion not to be submitted to except under the pressure of 1798. an extreme necessity, which did not exist. Very much

against the will of Pickering, Wolcott, and M'Henry, Lee and Stoddard seeming also to incline the same way, though much less decisively, the president gave to this passage the turn above stated, so as still to leave himself the conditional liberty of sending a minister, upon the withdrawal of the offensive pretensions to dictate the selection, and more positive assurances as to a respectful reception.

The sentiments of the speech were fully re-echoed by the House as well as the Senate; and, what had not happened for several sessions, the answers were carried. in both houses without a division. The answer of the Senate, referring to Logan's recent mission, complained of an intercourse carried on by France through "the medium of individuals without public character or authority, designed to separate the people from their government, and to bring about by intrigue that which open force could not effect;" to which Adams responded by a suggestion whether such " temerity and impertinence on the part of individuals affecting to interfere in public affairs, whether by their secret correspondence or otherwise, and intended to impose on the people and to separate them from their government, ought not to be inquired into and corrected?"

This suggestion gave rise to the first act of the ses sion, known as the "Logan Act," which made it a high misdemeanor, subject to a fine not exceeding $5000, and to imprisonment from six months to three years, for any citizen of the United States to carry on, without permission or authority from the Federal government, any correspondence, verbal or written, with the officers

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of a foreign government, with intent to defeat the meas- CHAPTER ures of the government of the United States, or in any controversy in which the United States were concerned, 1798. to influence the conduct of a foreign government.

Not being able to meet this bill in the face, the opposition, led by Gallatin, Nicholas, and Macon (for Giles had resigned his seat), made the most strenuous efforts to neutralize it by amendments. A very sharp discussion ensued, in the course of which Harper, now the acknowledged leader of the Federalists in the House, made a severe attack upon Logan, as well as upon those heads of the opposition in concert with whom he was supposed to have acted. This drew out from Logan a letter, published in the Aurora, in which he gave the history of his mission, and denied the concern in it of any body but himself. Since his return, after a very severely contested election, Logan had been chosen a member of the Pennsylvania Legislature.

The early part of the session was chiefly occupied with the impeachment of Blount, left undisposed of at the close of the last session. The preliminary questions having at last been arranged, the Senate resolved itself Dec. 24. into a High Court of Impeachment. More agreeably occupied as president of the Senate of Tennessee, Blount disregarded the summons sent him, and did not personally appear. But Dallas and Ingersoll, who acted as his counsel, filed a plea, in which they denied the jurisdiction of the court, on the double ground that senators were not "officers" liable to be impeached, and that, if they were, Blount's expulsion from the Senate left him no longer a senator. To the elaborate argument of Dallas and Ingersoll, an equally elaborate reply was made by Harper and Bayard, two of the managers. appointed on behalf of the House. But the Senate sus