was punishable in the United States, if punishable at all, as a pirate. The cause for demanding Nash was, that he had committed murder; an offence against British, and not against American law; that whether he had also committed piracy, or not, (which crime, wheresoever committed, may be punished by any nation, among whom the culprit may be found,) he was a proper subject for delivery under the 27th article of the treaty, as a murderer. So the House decided.

This incident is strongly illustrative of the times. It is well remembered, that the impression sought to be made on the public mind, was, that the President had delivered up one of his own countrymen, in obedience to British requisition, to be hung; notwithstanding, the accused citizen, had done no more than he lawfully might do, to escape from the tyrannical impressment of the mistress of the seas. It is not surprising that any administration should be overthrown, when such calumnies were easily received as truths.

LETTER XXIX.

MAY 7, 1833.

OTHER legislative measures referred to, were the alien and sedition laws. In 1797, there were computed to be thirty thousand Frenchmen in the United States, all of whom were devoted to their native country, and all of whom were, in some way, associated, through clubs, or otherwise, and who had a strong fellow feeling. This number does not refer to the emigrants who had fled on the commencement of the revolution; but to men of very different order, who had left France, (after the monarchy had fallen,) from necessity or choice. Besides these, there were computed to be fifty thousand who had been subjects of Great Britain, and some of whom had found it unsafe to remain at home. They fled to a country, as they understood it, where they should be free to do any thing which they thought fit to do, in the name of liberty," and where its enemies might be encountered, whether in office, or not. A combination was formed, and organized with more detail than is common in military

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usage, and prepared to act with union and effect, in any emergency." Philadelphia, at that time the seat of government, was the head-quarters of this combination. "The American Society of United Irishmen,

was at

this time, a very formidable body. In the troubles in Ireland, the United Irishmen there, had revived their associations under the impulse of the French Revolution, and the British government encountered them with civil and military force. Some eminent men had joined the Union, and entertained the hope of securing an independent government, Thomas Addis Emmett engaged in this enterprise, which was wholly, and disastrously unsuccessful. After a long imprisonment, that gentleman came to the United States in 1804, at the age of about forty, and rose to high professional eminence. He was of amiable character, and was highly esteemed. When the British government had entirely defeated the objects of the United Irishmen, it was proposed that they should be allowed to emigrate to the United States. This measure, Mr. King, then minister at London, strenuously opposed. After Mr. Emmett came to this country he discussed publicly, with some severity, this opposition. It is believed that Mr. Emmett did not otherwise interpose, in any respect, in political movements, on this side. Some who had been involved in the troubles of Ireland came to the United States in 1795, and the two following years, bringing with them, of course, a bitter hostility to the English government; and a devotion to France, naturally arising from the belief, that the great Republic was prevented only by British superiority at sea, from sending over a force competent to establish liberty in their native land. It was easy for such emigrants to learn, and believe, that the government of the United States was the proper object of their hatred, as identified with the government at home; and that every thing tending to uphold and honor republican France, demanded their zealous attachment. The combinations of the United Irish could not be misunderstood by our government; and they were sufficiently alarming to require preventive measures. The Jacobin Clubs in the United States, if not then existing in name, were still so sympathetic with these alien combinations, as to be a most effective auxiliary. It is believed that they were still organized, and in full vigor; though they were put down in France after the fall of Robespierre.

In the then state of the country, in relation to France, (which might intend to send over a military force, relying on the aid to be found within our own territories,) these powerful allies were, very justly, a subject of alarm, and were so considered by the President.

In the official speech made to Congress, at the May session, 1797, the President makes these remarks: "It is "impossible to conceal from ourselves or the world, that "" endeavors have been employed to foster and establish a "division between the government, and the people, of the "United States. To investigate the causes which have encouraged this attempt, is not necessary; but to repel, by "united and decided councils, insinuations so derogatory "to the honor, and the aggressions so dangerous to the "constitution, union, and even independence of the states, "is an indispensable duty.

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"It must not be permitted to be doubted, whether the people of the United States will support the government "established by their voluntary consent, and appointed by "their free choice; or whether, surrendering themselves to "the direction of foreign and domestic factions, in opposi"tion to their own government, they will forfeit the hon"orable station which they have hitherto maintained."

Congress passed a law, which was approved, on the 18th of June, 1798, providing, among other things, for the manner in which aliens might become citizens, whereby the facility with which citizenship had before been acquired, was much restricted. 2. It empowered the President to order all such aliens, as he should judge to be dangerous to the peace and safety of the United States, or concerned in treasonable measures, to leave the United States. 3. To grant licenses to aliens to remain during the President's pleasure. 4. It provided imprisonment, not exceeding three years, to such aliens as remained without license, and perpetual disqualification to become citizens. 5. It authorized the President to require bonds of aliens for good behavior. 6. Masters of vessels arriving in the United States, were required to report the names of aliens, if any were on board, under penalty of three hundred dollars.

It appears from a letter of Mr. Jefferson to Mr. Madison, (vol. iii. p. 389,) that the mere discussion of this law had a

salutary effect. He says, "the threatening appearances "from the alien bills, have so alarmed the French who are among us, that they are going off. A ship, chartered by "themselves for this purpose, will sail in about a fortnight "for France, with as many as she can carry. Among these, "I believe, will be Volney, who has, in truth, been the principal object aimed at by the law." This gentleman (Volney) has been before mentioned. He was a long

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time in this country, and was thought to be an emissary of France.

As this law was made at the suggestion of the President, (John Adams,) it furnished a new and prolific theme of reproach. It was called by the opposition a British measure; a servile copying of the forms of kingly despotism; and an incontestable proof of design to assimilate our government to that of England, and eventually to arrive at monarchy.

This law was considered, (and especially in Virginia,) by all opponents of the administration, as vesting in the President an authority capable of perversion to a most alarming extent. Although it was expressly limited to aliens, yet it was pretended, that it might be, and would be, applied to native citizens. The opposition presses poured out their invective with renewed vigor, and were able to make a deep and lasting impression. Yet, when considered in itself, independently of party excitements, every one must admit, that all governments ought to exercise the power of sending aliens from their territories, whenever their presence is, or may be, incompatible with the public peace and security. There can be no distinction between a monarchy, and a republic, in this respect. The clamor against this law, undoubtedly, had an effect in impairing the President's popularity; though it is not recollected to have been carried into effect, in a single instance.

The other law alluded to, was called the sedition law; and, among the opposition, the "gag law." These were its principal provisions; it made punishable these offences, viz. 1. Defaming or bringing into contempt, the Congress, or President. 2. Exciting the hatred of the people against them. 3. Stirring up sedition in the United States. 4. Raising unlawful combinations for resisting the laws, and lawful authorities. 5. Aiding and abetting foreign nations against the United States, their people, or government.

Looking back dispassionately, to these days, with a full knowledge of the designs of France, and at the perils of the country, from its internal enemies, (though they did not so consider themselves, and therefore the more dangerous,) it is inconceivable that such a law should have been unwelcome to any, whom it was not intended to restrain. The alien law, it was said, if limited to aliens, was an exclusion of suffering patriots from the only asylum left to them on earth. This was odious enough, to be sure. But to make a law which prevented the free citizens of the United States from discussing the conduct and character of their own servants, and the nature of their public acts, was utterly intolerable. The complainants made no account of the fact, that punishment could not be inflicted under this law, but through the agency of a grand jury, in the first place; and then by the result of a trial by jurors, impartially selected from among the people. They disregarded, or knew not, how important a change was made of the English law of libel, then in force, by this very law, in the provision therein contained, that it should be lawful for the defendant to give in evidence, the truth of the matter contained in the publication charged as a libel; and that the jury should have the right to determine the law, and the fact, under the direction of the court.

There can be no stronger proof of the delusion which prevailed, than is found in the clamor against this law, from one end of the Union to the other. Intelligent American citizens joined in this clamor, and some eminent men of the opposition, gave their able support to it. An alien, by the name of James Thompson Callender, was indicted under this law for the publication of a book, entitled "The Prospect before Us," comprising a series of calumnies, and libels, against the measures of the government. Callender was convicted at Richmond, in May, 1800, on trial before Judge Chase. The manner of this trial, constituted one article of impeachment against this magistrate. It was said, that Mr. Jefferson knew of this publication, before it appeared, and approved of it. However this may be, Mr. Jefferson admits, in a letter to Mr. Monroe, (vol. iii. p. 494,) that he knew Callender, and considered him "a man of science fled from persecution," and that he contributed to his relief. He afterwards contributed a second time; and gave him fifty dollars as a third relief; and again fifty dol