THE design of this pamphlet,
an edition of which was printed at Richmond some years ago, is to convey to the
public the "Virginia Report of 1799," a state paper which, having
wrought a great effect upon the political parties of its day, is still, —
though more praised than read, — highly esteemed as a commentary on the
Federal Constitution. The other papers which go along with the
"Report," are intended, like this preface, only to illustrate it.
After the lapse of so many years, the reader, it is hoped, will not take it
amiss that his memory is refreshed as to some of the incidents of the period
that gave birth to this document; a period perhaps the most critical in our
The present Federal Constitution, succeeding to the "Articles of
Confederation," having been ratified by eleven states, commenced its
operation, nominally, on the 4th of March, 1789, under the auspices of
WASHINGTON, as the first President. In his Cabinet, and
in the first Congress, were organized the parties afterwards known as
"Federalists" and "Republicans." The former, under the
sagacious lead of Alexander Hamilton, the Secretary of the Treasury, fearful of
a recurrence of that anarchy which had overtaken the country under the imbecile
government of the "Confederation," were inclined to a vigorous
exercise of the federal power, and consequently adopted a liberal construction
of the Federal Constitution. The Republicans, on the other side, headed by Mr.
Jefferson, were apprehensive of a gradual absorption, by the central
government, of the powers reserved to the states and to the people.
Consolidation was their great terror, as the absence of all government was the
terror of their opponents; and consolidation they viewed, justly, as the
forerunner not of monarchy only, but of despotism.
Mr. Hamilton, being a declared admirer of the English Constitution in the
abstract, gave occasion to many of the opposite party to impute to him, and to
his political associates, sentiments unfavourable to the existing institutions
of the country; in short, a proclivity to monarchy. This suspicion, undoubtedly
unjust as regards the great mass of the Federalists, was fortified by their
avowed opinions touching the necessity of what, in the phrase of the time, was
called a strong government.
The occurrence of the French Revolution affected these parties with
different emotions. The Republicans looked on in trusting faith that it would
result in giving to France institutions modelled after our own, calculated to
insure rational freedom, but affording no encouragement to licentiousness. The
Federalists were less sanguine. They feared that the French people neither
appreciated the blessings of liberty founded on law, nor were capable of
attaining them, and they conceived all their conclusions confirmed by the
succession of tragic scenes which accompanied the progress of the Revolution.
Thenceforward sympathy with France constituted a prominent point of difference
between their adversaries and themselves.
In 1793, upon the execution of Louis XVI., a war broke out between France
and England, which, as it was characterized by unusual animosity between the
contending parties, led to an emulous violation by both of the rights of
neutral commerce. From these outrages no country suffered more than the United
States, the citizens of which, instead of uniting to require indemnity from
both belligerents, allowed their partisan feelings to array them as the
apologists, or the denouncers, of one or the other, as previous tendencies
disposed them. The Republicans favoured France, influenced as well by a natural
sympathy for a great people struggling, as they supposed, for freedom, as by
gratitude for the assistance so recently received in the war of our Revolution,
and animated by a hostility, not yet extinct, towards our former enemy, Great
Britain. The Federalists leaned towards England as the champion of
conservatism, and the bulwark against that pernicious license everywhere
propagated by French writers and emissaries.
The Republicans identified France with liberty, and cherished its cause with
proportionate ardour. The Federalists saw in it only irreligion, private
profligacy, bloody excess, and, in the end, the despotism of the sword, and
abhorred it as a combination of all that was hateful to their reason, and their
On the other hand, England was to the Federalists the embodiment of a
government at once vigorous and free; not insensible to the opinions of its
people, but impassive to their prejudices and passions; and the regard due to
those qualities, was extended to the country. To the Republicans, England was a
monarchy, and their late oppressor, and now appeared to be a reluctant and
surly friend, in each and all of which characters, it was alike odious.
The war had not been long in progress, when many Americans, stimulated by
French agents, and the thirst of gain, and relying upon the prepossessions of
their countrymen, hastened to fit out armed vessels in several of our ports, to
cruise under French commissions, against the enemies of France. England
remonstrated, and there was issued, in consequence, General Washington's famous
proclamation of neutrality, which, with the instructions founded upon it,
rigorously interdicted such enterprises for the future. This led to a
correspondence between Mr. Jefferson, then Secretary of State, and Genet, the
French minister, resident here, in which the latter, confiding in the supposed
popular partiality for France, crowned a series of impertinences by threatening
to appeal from the government to the people of America, and was in consequence,
by the request of the President, recalled.
Genet's recall, — his successor being a man of more moderation, —
had the effect to restore those cordial feelings for France to which the
former's indefensible conduct had given a shock. Meanwhile our commerce was
suffering much from the depredations of both belligerents. In 1794, Mr. Jay,
the Chief Justice of the United States, having been despatched as a special
envoy to England, to adjust the numerous differences which had been
accumulating with that country since the peace of 1783, the jealousy of France
blazed fiercely out; and when, the next year, the treaty negotiated by Mr. Jay
was ratified by our government, the indignation of the Directory knew no
bounds. Spoliations of our commerce were committed with as little reserve as if
actual war existed, and the conduct of the French government was marked by
every circumstance of contumely.
Jay's treaty, meanwhile, was received in America with a severity of
reprehension which bespoke the decided Anti-Anglican dispositions of our
people. It must be admitted, indeed, to have involved a painful sacrifice of
the rights of our country, in more than one particular. It had the effect,
however, to postpone a war with England until we were better able to bear it,
and, — our Union preserved, — we shall probably never again be
subjected to a like humiliation. The manifestations of popular feeling induced,
in the French Directory, the conceit that the government of America might be
separated from its citizens. Acting upon this delusion, they took leave of Mr.
Monroe, then our representative at Paris, with warm professions of regard for
the people of America, and of undisguised hostility to the administration, and
refused, with studied indignity, to receive Mr. Pinckney, who had been sent out
as Mr. Monroe's successor.
Parties in the United States were thus situated when General Washington, at
the end of his second term, resigned the reins of power to Mr. Adams, who was
himself a Federalist, and chose his cabinet from those of kindred sentiments.
Very soon after his accession, Mr. Adams made an effort to compose our
misunderstanding with France by sending thither a solemn embassy, consisting of
Mr. Charles C. Pinckney of South Carolina, Mr. Marshall of Virginia, and Mr.
Gerry of Massachusetts. The joint appointment of gentlemen so distinguished
ought to have evinced to France the strong desire of our government to
conciliate her. They were treated, however, with an insolence inconceivable,
were not admitted to an audience, and were subjected to the mortification of
being approached by certain agents of Talleyrand, the minister for public
affairs, with proposals as degrading as they were direct, for a bribe. The
proposition was, that £50,000 sterling should be distributed amongst
certain members of the Directory, as the necessary price of entering upon the
negotiation. The envoys having peremptorily refused to buy, in any way, the
privilege of presenting the just demands of their country, Messrs. Pinckney and
Marshall were dismissed; Mr. Gerry, who, as belonging to the Republican party,
was insultingly supposed to be more pliable, being requested to remain.
The envoys having communicated these transactions to their government, the
correspondence was laid before Congress, and printed, the names of Talleyrand's
brokers being veiled under the respective letters X. Y. Z. and W. The
publication, like an electric shock, awakened all the dormant fires of
patriotism in America. As one man the people stood forward prepared to
vindicate the insulted honour and violated rights of their country. The
President, anticipating the national spirit, in his message of 21st June, 1798,
communicating the return of Mr. Marshall to the United States, peremptorily
declared that he would "never send another minister to France without
assurances that he would be received, respected, and honoured, as the
representative of a great, free, powerful, and independent nation."
So strong was the general irritation under what was called "the X. Y.
Z. excitement," that party lines were in a degree obliterated, and the
administration of Mr. Adams was, for a brief period, lifted to a great height
of popularity, whence, however, it was very soon precipitated into
The Federalists, elated at the spring-tide of favour setting in upon the
administration, resolved to avail themselves of it to the utmost. With this
view they proceeded vigorously with preparations for a war with France, and
determined to take decisive steps to expel from the country all aliens who
might be supposed hostile or dangerous to its institutions. Thus they hoped to
keep up the excitement of anger against France, and of jealousy against her
apologists amongst our own people, whilst they got rid of the French
propagandists, and unquiet English and Irish agitators, who were employed too
much in preaching license, under the name of liberty. The Alien Act was
accordingly passed 25th June, 1798, being especially aimed, it was thought, at
Volney, Collot, Priestley, and a few others. Then they essayed to curb what
they called the licentiousness of the press by the Sedition Act, which received
the assent of the President on the 14th July, 1798.
These two laws, but especially the last, were fatal to the party which
originated them. The Alien Act alone, as being directed against comparatively
few persons, and those strangers, might not have been so obnoxious, but the
Sedition Law, trespassing, as it seemed to do, upon the freedom of the press,
so cherished by the Anglo-Saxon race, raised a storm, before which all the
recent popularity of Mr. Adams's administration vanished like morning mist.
Suspicions of the darkest ultimate designs were entertained and
disseminated, "For my own part," says Mr. Jefferson, addressing a
friend, "I consider those laws as merely an experiment on the American
mind, to see how it will bear an avowed violation of the Constitution. If this
goes down, we shall immediately see attempted another act of Congress,
declaring that the President shall continue in office during life, reserving to
another occasion the transfer of the succession to his heirs, and the
establishment of the Senate for life!"
To these suspicions a deeper tinge was imparted by the preparations for the
impending war with France. These, however indispensable, exposed the
administration to misconstruction, and to complaints both loud and deep. An
additional army, first of 10,000 and afterwards of 30,000 men was authorized to
be raised in the event of a declaration of war, or an actual invasion, or
imminent danger thereof, and the President was besides authorized to accept the
services of an indefinite number of volunteers. A navy was also begun on a
liberal scale. To meet the expense of these measures, besides duties on
imports, and a loan of $5,000,000, a direct tax of $2,000,000, (whereof the
quota of Virginia was $345,488.66,) was laid on dwelling-houses, lands, and
slaves. These burdens predisposing the people to murmur, they hearkened readily
to the vehement accusations with which the press, the hustings, and even
The Alien and Sedition Laws, the army and navy bills, and the large sums
placed within reach of the President, were represented as parts of the same
plan to perpetuate and enlarge his power.
In proportion as ideas like these gained ground, the Alien and Sedition Laws
became more odious. The zeal of the opposite party rising with the prospect of
success, and stimulated by a sense of the importance of the principles supposed
to be invaded, they addressed themselves, with renewed ardour, to the task of
overthrowing the administration. Nor were its supporters idle or indifferent.
The New England and the Middle States were generally favourable to the party in
power; the Southern and Western States were for the most part Republican. But
minorities imposing in numbers and in character existed on either side. Both
parties hastened to call into action all the political machinery available for
them respectively, of which the most efficient consisted in the solemn
declarations of the several state legislatures touching the obnoxious laws.
Important as the crisis really was, it was factitiously exaggerated by the
partisanship on both sides. The advocates of administration, in order to
maintain the constitutionality of the Sedition Act, amongst other arguments,
insisted that the offence denounced by it was an offence at common law,
and was therefore punishable in the courts of the United States, independently
of the statute. The statute, it was said, was even more favourable to the
accused than the common law. The assumption involved in this argument, that the
common law constituted part of the federal jurisprudence, created more alarm
than the main topics of complaint, the Alien and Sedition Laws themselves. It
was regarded as an accumulation, at one stroke, of all authority in the hands
of the Federal Government, there being no subject, legislative, executive, or
judicial, which the common law did not embrace; and it was anxiously urged that
the effect would be an annihilation of state sovereignty, and the erection of a
government consolidated, and therefore despotic. "Other assumptions of
ungiven power," said Mr. Jefferson, "have been in detail. The bank
law, the treaty doctrine, the sedition act, alien act, the undertaking to
change the state laws of evidence in the state courts, by certain parts of the
stamp act, &c., &c., have been solitary, unconsequential, timid things,
in comparison with the audacious, bare-faced, and sweeping pretension to a
system of law for the United States, without the adoption of their legislature,
and so infinitely beyond their power to adopt."
The legislatures of the several states prepared to bear their parts in the
drama. That of Virginia, which assembled in December, 1798, was looked to by
both parties with peculiar interest. The plan of opposition to be pursued there
was probably arranged by Mr. Jefferson and Mr. Madison, though neither was a
member. The plan was to resolve that the Alien and Sedition Laws were
unconstitutional and merely void, (which latter phrase, however, was
ultimately struck out of the resolutions, as actually adopted,) and to address
the other states, to obtain similar declarations. It was not contemplated to
commit the commonwealth to any foreshadowed course of action, but to reserve
the power to shape future measures by the events which should happen. Mr.
Jefferson drew the resolutions for Kentucky,1 which was ready to act consentaneously with
Virginia, (and did, in fact, act before her,) and they were proposed in her
legislature by Mr. Breckenridge. The Virginia resolutions,2 submitted and ably defended by Mr. John Taylor, of
Caroline, were from the pen of Mr. Madison.
The Virginia resolutions, having been officially communicated to the
legislatures of all the other states, encountered from some of them a
disapproval so decided as to make it necessary to sustain the propriety of them
by argument. Accordingly, during the whole summer of 1799, the state was
agitated with preparations for the approaching conflict. The Republicans
possessed a decided majority in the legislature, and amongst the people, but
the minority, besides being respectable for numbers, comprehended many
individuals eminent for public and private virtue, for capacity, and for
services rendered their country, and were sustained also by the august name of
The General Assembly, which convened in December, 1799, contained an unusual
weight of ability and experience. Virginia mustered for the occasion her
strongest men. The author of the resolutions was chosen for the county of
Orange, and against him was marshalled no less a champion than PATRICK HENRY, who was elected from the county of Charlotte,
but died before taking his seat.
To that General Assembly was submitted from a committee, at the head of
which was Mr. Madison, that dignified and lucid report vindicatory of the
resolutions of the previous year, ever since known in Virginia, as
"Madison's Report," and out of it, as "the Virginia Report of
1799." It assisted materially in perfecting the victory already, in
effect, achieved by the Republican party. In the ensuing autumn, or rather
winter, Mr. Jefferson was elected President, and the Alien and Sedition Laws
having expired by their own limitation, no thought was entertained of renewing
them, and their policy was abandoned, probably for ever.
This pamphlet, as remarked in the beginning, contains, besides the "
Report," certain other publications calculated to illustrate it. The whole
is arranged in the following order, viz.:
I. The Alien and Sedition Acts, 17 to 21.
II. Resolutions of Virginia of 21st December, 1798,
with the debate thereon, 22 to 161.
III. Resolutions of Kentucky of 10th November, 1798,
162 to 167.
IV. Counter-resolutions of several states in
response to those of Virginia, 168 to 177.
V. Report of 1799, preceded by an analysis thereof,
178 to 237.
VI. Instructions to Virginia senators of January,
1800, and votes thereon, 238 to 248.
VII. Appendix: containing
1. A letter from Mr. Madison to Mr. Everett, touching the
construction of the first resolution of 1798, 249 to 256.
2. A letter from the same to Mr. Ingersoll, relative to the Bank question,
3. A letter from the same to the same, on the same subject, 258 to 260.
In conclusion, it is proper to observe that this edition is intended
especially for the use of students, and that the learned reader must expect to
find in the notes, and in the analysis prefixed to the report, much with which
he could dispense.
1. See them, post, p. 163.
The authorship of these resolutions has lately been claimed for the
distinguished gentleman who offered them.
2. Post, p. 22.
Part I | Randolph Contents |