The Republican Party and its presidential candidates : with biographical sketches and portraits of Fremont and Dayton

Front matter

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The Institute of Museum and Library Services through an Indiana State Library LSTA Grant

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Preface

The high public necessity which required the re-fomiation of the Republican partj^ in the United States, suggested the want of such a descriptive history of Republicanism as would remind the old and inform the young men of the country, of the principles and policy of the administrations of Jefferson, Madison, Monroe, and the younger Adams, and indicate when, under what pretexts and disguises, and by what processes, the slave j^ower, which was left in certain states in the form of a local despotism by the framers of the constitution, assailed the original theory of the republic, and arose by consecutive steps during subsequent administrations, into its present ascendency in the government, where it now controls its purse, its sword, and its national flag. Whilst the circulatiun of congressional documents, and current newspapers and periodicals are contributing greatly to relieve this want, such publications are, from their nature, so exclusively devoted to matters of present interest, as, in general, to leave untraced their connection with their antecedents. Something more historical, and reaching further into the past, where the usurpations and aggressions of the slave power began, appeared to be needed for the masses in the present emergency.

Not without the deepest consciousness that there were many others who could perform' the duty better, but in the hope that such a work as he might prepare would be of some service to the cause of civil liberty, the author consented to write the following eliapters. In them he has endeavered to indicate, but with necessary brevity, the attempts of the Federalists, during the administrations of Washington and the elder Adams, to monarchize the constitution by the forms of its administration, and by their alien, sedition, and franchise laws, to invade the natural rights of the people; the high public necessity which called into existence, under the guidance of Jeff"er8on, a Republican party in the country, with a dis-

IV. PREFACE.

tinct, liberal, and dispensable syslem of domestic and foreign policy, and raised it into ascendency in the government ; the progress of Republican principles under the successive administrations of Jefferson, Madison, Monroe, and John Quincy Adams ; the several and consecutive platforms of the Whig and Democratic parties, from 1833 to 1856 ; the conduct of the slave power, as the same was represented in congress in relation to Missouri, the Indian lands in Georgia, and the Central and South American republics ; its cooperation with the friends of General Jackson to overbear Mr. Adams and defeat his reelection; its warlike defiance of, and triumph over, the general government, with the assent of the Whig party, during the administration of General Jackson ; its usurpations under the administrations of Mr. Van Buren and General Harrison, and its great exaltation during that of Tj'ler ; its uninterrupted sway under Mr. Polk's administration, in pursuance of a previously formed coalition with Mr. Calhoun ; its temporary repulse under President Taj'lor, and its restored vigor and audacity under Mr. Fillmore ; and its full, final, and bloody culmination under the administration of Franklin Pierce. It is believed that the work will be found to be essentiall}'^ faithful in respect to the subjects of which it treats. If it sliall be found to add anything to the common stock of political information, or contribute toward the advancement of the Republican cause, the aim and purpose of the author will have been answered.

Chapter I. Pagb

The Constitution — Diverse Opinions of those who Framed it — Introduces a New Form of Government — "Washington's Administration required to set its Machinery in Orderlj' Motion — Jefferson and Hamilton in Washington's Cabinet — Their Radical Dififerences of Opinion — Extend to Congress, State Legislatures, and the Country — The People divided into Federalists and Republicans — Republican Party the Result of a high Public Necessity — Election of John Adams — Difficulties ■with the French Directory — Alien, Sedition, and Naturalization Laws — Public Sentiment respecting them and their Authors, ...... 13

CHAPTER IL

Nomination of Jefferson for the Presidency — ^The Platfoi-m — His Election by Congress — His Inaugural Address — Its Character— The Government placed on the Republican Tack — Jefferson's Congratulations — Letters to Dickinson and Priestley — His Views of the Church and State Policy — Refuge of Federalism in the Judiciary — His Messaffe to Congress — His Views of the Alien, Sedition, and Naturalization Laws — Measures of his Administration — Demonstration of National Sovereignty — Purchase of Louisiana — Federalists opposed to its Admission into the Union — Proscriptive Doctrines Revived but Overborne — Power of Congress over the Territories — Policy in respect to Slavery iu the States — Difficulties with n CONTENTS.

PAOK

Great Britain — ^The Embargo — ^The Monroe and Pinckney Treaty — Its Rejection by Jefferson — The Non-Intercourse Act — The General Result of this Adiniuistration, . 29

Chapter III

Nomination and Election of James Madison — His Previous Services— His Continuance of the Jeffersouian Policy — His Efforts to Avert a War with Great Britain — Revocation of the Berlin and Milan Decrees — Overtures by the British Minister ■ — Adherence to Orders in Council and Impressments — Henr}-, the British Emissary — Death of George Clinton — Re-nomination of Mr. Madison — Elbridge Gerry for Vice President — Defection among Republicans — Nomination of De Witt Clinton and Jared Ingersoll — Issues before the People — Triumph of Mr. Madison — The War and its Incidents — Peace and Benevolent Societies — Blue Light Telegraphs and the Hartford Convention — The Popish Plot — Termination of the War — Condition of Parties, ..... 54

Chapter IV

Nomination and Election of James Monroe — CongressioDal Caucus System Complained of but Adhered to — Succeeded at an Auspicious Period — Jackson's Advice respecting Appointments— The Repl}' — Appointment of John Quincy Adams and other Republicans to Cabinet Offices — Inaugural Address— Leading Measures — Idea respecting Internal Improvements— Seminole War — Treaty with Great Britain — Award of Emperor of Russia — Treaty with Spain — Purchase of the Floridas and Relinquishment of Texas — The Missouri Compromise respecting the Extension of Slavery — Doctrines relative to the further Extension of European Systems of Government in this Hemisphere — The Tariff — Veto of Cumberland Road Bill, .... - 87

CONTENTS. Vii

Chapter V

Nomination and Election of John Quincy Adams — Crawford Nominated by the Caucus, but Repudiated with the Caucus System by the People — Jackson and Clay also Candidates — All Republicans — No Choice of President by the Colleges — Calhoun Elected Vice President — Friends of Clay prefer Mr. Adams, and Representatives in Congress Elect him — His Acceptance — Inaugural — Cabinet and other Appointments — Magnanimity toward his Rivals — Panama Mission — Removal of Indians — Opposed by Friends of Crawford and Jackson — Charge of a Corrupt Bargain — Buchanan's Complicity, 121

Chapter VI

Democratic Party — How Formed — Supports Jackson and Calhoun against the Republicans — Favors the Georgia Doctrine, and Strengthens itself thereby in the South — Its Banners, Bucktails, and Liberty-Poles — Overwhelming Defeat of Adams— General Jackson President — Adroitly takes Berrien into his Cabinet, and Avoids the Georgia Doctrine in the Inaugural — Measures generally Republican — Recommends Amendment of Constitution — One Term Principle — Calhoun Correspondence — Dissolution of the Cabinet — The Globe Newspaper — Formation of a Calhoun Party — Revision of the Tariff — Conduct of South Carolina — Nullification — Jackson's Reelection — Proclamation — The United States Bank — Removal of the Deposits — Further Arrogance of the Slave Power, . . . . . . 169

Chapter VII

Union of the Anti-Masonic with the Republican Party after 1832, and their Organization as "Whigs, with Republican Principles — ^Ex-President Adams and other Republicans Representative Men — Whigs withhold Censure of President viii CONTENTS.

PAGB.

Jackson for Capitulating to South Carolina, out of Respect to Henry Clay— Fidelity to the Constitution— Seward the Representative Man in New York— Ilia Nomination in 1834 for Governor — Nomination of Harrison and Granger in 1830; also, Judge White, of Tennessee- The Albany Resolutions- Result of Election Encouraging— Rapid Growth of the Party afterward— The Harrisburgh Convention in 1839— Nomination of Harrison and Tyler— The Canvass Wisely Managed, 264

CHAPTER VI n.

Nomination of Martin Van Buren — Circumstances relating to the Canvass— Formation of a Loco-foco Party in New York

Efforts of Mr. Van Buren to Reiinite the Divided Party —

His Election by a Small Majority — Peculiarities of his Inaugural Address — His Overture to the Slave Power — Monetary Pressure — Suspension of Specie Payments — Special Session of Congress Called — President Recommends an Independent Treasury — Measure Defeated — Annexation of Texas Proposed — ^The Debate thereon — Proposition Withdrawn — Atherton'a Qag — Petitions for Diplomatic Relations with Hayti — Conduct of the Administration concerning the Amistad Negroes — Rejection of the Whig Representatives from New Jei-sey — Further Measures of this Administration — The Slave Power Stimulated — Condition of Parties, . . . 270

Chapter IX

Nomination and Election of Harrison and Tj'ler — Convention adopted no Platform — Issue General against the Administration— Character of the Canvass — Harrison's Inaugural Address— Rebukes Antislavery Societies in Non-Slaveholding States — His Cabinet, how Composed — His Death — Inauguration of Tyler — Special Session of Congress — Message — Vetoes two Bank and two Tariff Bills — Dissolution and Reor-

CONTENTS. IX

PAOB.

ganization of his Cabinet — Congress Succumbs on the Distributiou Question — Caliiouu and Rhett come to the Supjjort of the Administration, and Applaud the President — Negotiations -with Great Britain — The Ashburton Treaty — Slavery Agitation in Congress — Censure of Giddings — Attempt to Censure Mr. Adams — Explosion of the Peace-Maker and Death of Secretaries of Stat« and Navy — Calhoun taken into the Cabinet — Introduces his Policy and Measures — His Ambitious Designs — Proceedings to Anoex Texas — Collusion with Polk and Conspiracj- against Silas "Wright, . 297

Chapter X

Nomination of Polk and Dallas under Extraordinary Circumstances— Intrigue of Polk and Calhoun — Annexation of Texas Incorporated into the Democratic Platform — William C. Biyant and other Dissenters in New York — Their Secret Circular— Nomination of Clay and Frelinghuysen by the Whigs — The Whig Platform — The Canvass — Clay Defeated by his Letters to Alabama — His Acknowledgments to William H. Seward — Polk and Dallas Elected — Polk Removes to Washington— Acquiesces in the Abstraction of Public Funds for the Purchase of the Globe — lAgrees to Taboo Silas Wright as a Recreant Democrat — His Intrigue with Tyler respecting the Annexation of Texas — His Inaugural — His Cabinet — Tiie Oregon Question and AVar with Mexico — Other Measures — Refused a Re-nomination — General Remarks. . . 36(1

Chapter XI

Nomination of Taylor and Fillmore — Opposing Candidates — Non-acquiescence of Daniel Webster — Taylor's Political Sagacity— His Letters to Captain Alison and others — His Nomi* nation at Charleston — The Albany Meeting — Free-soil Conventions at Utica and Buffalo — ^The Buffalo Platform — Cass' A*

CONTENTS.

PAGE.

change of opinion concerning the Wilmot Proviso — Election of Taylor and Filhnore — Tiie Issue Decided — Taylor's Inauguration— His Cabinet — llis Opposition to the further Extension of Slavery — Efforts to Overbear Ilim — Ilis Death — Accession of Fillmore — Change of Cabinet and Policj' — Defers to Slavery — Encourages a Schism and formation of a New Party — Seceders styled Silver Grays — President favors the Compromise Measures — Another Concession to Slavery, 403

Chapter XII

Nomination of Pierce and King — The Rival Candidates — The Canvass — Democratic Party Subsidized — The Whig Party Crushed by its Platform — Election of Pierce and King — Pierce's Inaugural — His Extraordinary "Views respecting Slavery under the Constitution — His First Message to Congress, and its Interpretation — Bill of Douglass and Richardson for the Organization and Division of JS^ebraska and Kansas— It Reopens Agitation of the Slavery Question — Absorbs the Attention of Congress, and Obstructs the Public Business — Assault on the Missouri Compromise — Its Repeal — Reasons assigned therefor — Passage of the Bill — Plea of Popular Sovereignty — Invasion of Kansas by Armed Marauders — Removal of Governor Reeder — The People frame a Constitution— Apjily for Admission into the Union — Assault on Sumner, ...... 426

Chapter XIII

Re-formation of the Republican Party — The Result of a High Public Necessity — The Pittsburgh National Convention — Its Declaration of Principles — Its Devotion to the Constitution and the Union — Perversion of the Government from its originiil Purposes — Necessity of a Restoration — Power and Duty of Congress respecting the Territories — Fallacy of applying the Doctrine of Popular Sovereignty to Territories — Slavery

CONTENTS. XI

PAGE

Nationalized and Freedom Sectionalized by Pierce's Administration— Calhoiinism in Ascendency — Danger Imminent — A Nominating Convention Called — Delegates Appointed — Nominating Convention Assembled — Its Platform — Nomination of Fi'^mont and Dayton, ... . 4-15

BIOGRAPHICAL SKETCH OF JOHN C. FREMONT.

Colonel Fremont's Nativity, Ancestry, Early Habits, and Character— His Entrance into a Law Office, into a Grammar School, and into Charleston College — Afterward Teaches Mathematics, and becomes a Civil Engineer— Takes part in South Carolina against Calhoun and Nullification — Is Appointed Professor of Mathematics in the Navy — Joins the Corps of Topographical Engineers — Accompanies M. Nicollet in his North-west Explorations — Commissioned Lieutenant— His Marriage — His Subsequent Explorations, Conqiiest and Government of California^Iiis Arrest, Trial, and Restoration— Exerts himself to make California a Free State — Is Elected Senator — Hie Political Opinions — His Nomination for the Presidency, . . . .473

BIOGRAPHICAL SKETCH OF WILLIAM L. DAYTON.

Judge Dayton's Nativity, Ancestry, Early Habits and Cliaracter — Studies with Doctor Brownlee — Enters and Graduates at Princeton College — Studies Law with Governor Vroom — Admission to the Bar in 1830 — Commences Practice in Freehold — Elected to the Legislative Council of New Jersey — His Projects of Reform — Is Appointed Justice of the Supreme Court — Resigns after Three Yeai's — Succeeds Samuel L. Southard in the Senate of the United States — Was Opposed to the War with Mexico, but Voted to Confirm the Treaty of Peace — Supports the Wilmot Proviso — His

Xn CONTENTS.

PAOS.

Speeclies — Is Superseded hy Commodore Stockton — Resumes the piwtice of Law — Is a Delegate to the Baltimore Convention of 1852, and Supports General Scott — Afterward, until the Repeal of the Missouri Compromise, not engaged in Politics — Is Opposed to the Further Extension of Slavery, 606

THE REPUBLICAN PAPJY.

Chapter I

THE CONSTTTUTIOX DIVERSE OPINIONS OK THOSE WHO FRAMED IT IN- TRODUCES A NEW FORM OF GOVERNMENT WASHINGTON'S ADMINIS- TRATION REQUIRED TO SET ITS MACHINERY IN ORDERLY MOTION — JEF- FERSON AND HAMILTON IN WASHINGTON'S CABINET THEIR RADICAL

DIFFERENCES OF OPINION EXTEND TO CONGRESS, STATE LEGISLATURES,

AND THE COUNTRY THE PEOPLE DIVIDED INTO FEDERALISTS AND RE- PUBLICANS REPUBLICAN PARTY THE RESULT OF A HIGH PUBLIC NE- CESSITY ELECTION OF JOHN ADAMS DIFFICULTIES WITH THE FRENCH

DIRECTORY ALIEN, SEDITION, AND NATURALIZATION LAWS PUBLIC

SENTIMENT RESPECTING THEM AND THEIR AUTHORS.

The Republican Party in the United States is a re-formation and continuation of the political association which exalted Thomas Jefferson to the presidency, in the morning of the present century, and exists for similar purposes. It originated in a high public necessity, which became manifest during the administrations of Washington and the elder Adams. Its primary object was the defense of unsurrendered rights against the monocratic doctrines and measures of the Federalists. It was subsequently required to defend, as well, our whole republican system of government, including freedom of speech, of the press, of rehgion, and of the person under the protection of the habeas corpus, and the right of trials by juries impartially selected. It is now resisting usurpations which have resulted from the substitution, by the political party temporarily administering the federal government, of the Calhoiin jiolicy, so ealled, for tliat of the autlior of tlic Declaration of Independence, under which our re]mbHcan system was inaugurated, and insisting upon a return to, and resum])tion of, tlie policy from which both the executive and legislative departments have unwisely departed.

After the martial forces employed in the American revolution had sundered the bonds which held the colonies in allegiance to a foreign government, Thomas Jefferson and his compeers entered upon the more difficult and responsible duty of devising, constructing, and setting in orderly motion, another and a better political establishment. For although all the illustrious men whom we revere as i^atriots of the revolution, were very unanimous respectmg the necessity of colonial independence, they were greatly divided in their opinions in regard to the form and composition of the structure to be erected in the stead of the government repudiated. Some of them were unprepared for any change whatever, and therefore urged the creation of a limited monarchy after the British model ; some had advanced with the age so far as to be willing to adojjt the form of the Helvetic and Batavian confederacies ; whilst others, among whom was Jefferson, who confided less in the strength and solidarity of any particular system, than in the moral force of the voluntary principle, preferred a Republic. This preference ultimately obtained with the people, and our federal constitution is the result.

Those questions were succeeded by others respecting the details and alleged defects of the constitution. The larger states apprehended that, according to the extent of the sovereign power which it lodged in the federal government, would their ow^l local importance and influence with their sister commonwealths be injuriously diminished. The smaller ones, by an opposite course of

THE CONSTITUTION. 15

reasoning, foreboded for themselves an equally disastrous result. They were apprehensive also of being overslaughed by the power of the larger states, through combinations of interest or ambition. Some apprehended danger from the gradual usurpations of the executive ; others were jealous of the absorbing power vested in congress. Some regarded the intermixture of legislative, executive, and judicial functions in the senate as a mischievous departure from an former ideas of government ; others considered the non-participation by the house of rej^resentatives in the same functions as highly objectionable. Some considered equality of representation in the senate improper ; others complained of inequality of representation in the house. Some disliked the compromise of sovereignty between the Union and the several states ; others were opposed to the compromises of Uberty by the clause admitting representation in congress for slaves. Some objected to the power to levy direct taxes ; others disliked the power to levy them indirectly. Some feared the powers of the judiciary were too extensive ; others professed to believe the power to keep up a standing army the precursor of military despotism. And in the states of Pennsylvania and Virginia it was asserted in published manifestoes, " that there was power enough lodged in congress and the executive to enable them to convert the government into an absolute despotism."

Besides the foregoing, there were serious objections to the constitution, as it was submitted for approval, raised on account of its deficiencies. Among these were specified the absence of a distinct bill of rights, recognizing the fundamental principles of free government — the equality of all men, and their right to " life, liberty, and the pui'suit of happiness." It was tenaciously urged that provision should be made for the trial by jury in civil cases, and in criminal cases upon the presentment of a grand jury ; that all criminal trials should bo public, and the accused confronted with the witnesses against him ; that freedom of speech and of the press should be secured ; that there should be no national religion, but rights of conscience should remain inviolable ; that excessive bail should not be required, nor cruel and unusual pianishments inflicted ; that the people should have the right to bear arms, yet that persons conscientiously scrupulous of war should not be compelled to bear them ; that every person should be entitled, of right, to petition for the redress of grievances ; that search warrants should not be granted without oath, and general warrants not at all ; that soldiers should not be enlisted except for limited periods, and not quartered in time of peace in private houses without consent of the o^vncrs; that mutiny bills should continue in force for two years only ; that causes once tried sliould not be reexaminable upon aj> peal, other^-ise than according to the course of the common law ; and that powers not expressly delegated to the general government should be reserved to the states respectively.

The public mind so readily acknowledged the force of these objections, that many of them were framed into amendments and adopted by several state conventions simultaneously with their ratification of the original document. Congress at its first session considered them, and perceivmg that they were tenaciously urged, molded them into a Bill of Rights, consisting of twelve distinct articles, ten of which were afterwards ratified by the requisite number of states, and incorporated at once into the constitution. And thus it was that the choicest and strongest guaranties in that instrument were placed there only after an earnest and protracted struggle on the part

WAaHINGTUN\s ADMINISTRATION. 17

of those who, actuig under the admonitions of liistory, desii-ed to guard themselves and their posterity against encroachments, in subsequent years, from the national power.

The constitution thus amended, ushered into existence a governmental establishment which commentators thereon have declared to be " partly federal and partly national in its character ; federal in its origin and national in its adoption ; federal in respect to one legislative branch and national in respect to the other ; federal in its action upon separate states, and national in its jurisdiction over individuals ; and surmounted Avith a federal and national executive head." And it declared its purposes to be the formation of a more perfect union, the establishment of justice, the insurance of domestic tranquillity, and the securing of the blessings of liberty.

It devolved upon the administrations of Washington and the elder Adams to adjust the machinery of the new government, and set it in orderly motion — a task intrinsically difficult under any circumstances, but then greatly embarrassed by the magnitude of the public debt, and the war which had broken out in Europe. Among their responsible labors were included the assumjrtion, by the federal government, of certain debts contracted by some of the states during the war, the funding of the public debt, original and assumed, the establishment of a national bank, the establishment of a wise national policy with respect to belligerent jxDwers, the suppression of privateering from American jK)rts, and the enforcement of suitable revenue laws.

Jefferson and Hamilton occupied prominent positions in the cabinet of Washington — the former the post of secretary of state and foreign affau-s, the latter that of secretary of the treasury. Both of them were assiduous

IQ THE IlEPUBLTCAN PARTY.

in devising' measures for carrying on the government, but in respect to certain subjects they held adverse opnnons. The former adhered to his preconceived ideas, that there was a lurkmg tendency in the action of the constitution, toward an increase of power in the general govermnent which required restrahit. The assumption of state debts, the fmiding system, the national bank, and the revenue tax on domestic spirits, were all at variance with Ins principles. The bias of the latter inclined in the opposite direction. He had been the advocate of a diiferent and a stronger government. He was unable to bring himself to believe that the constitution invested the government with adequate powers. He insisted that the country was m jeopardy on that account, and that the government could not be upheld and administered except by construing the constitution in sucli a manner as would add the greatest attainable strength to the executive. The measures above hidicated originated with him, and constituted the prominent features of that administration. These radical differences in the political opinions and sentiments of those distinguished men, found their way naturally enough, and readily, into congress, the state legislatures, and into the heart of the country, where the views of each were resi>onded to by nearly equal numbers of the people. Tlie formation of two pohtical parties was the inevitable consequence — parties, moreover, Tvhich were separated by irreconcilable differences respecting the pohcy which should be observed in the administration of the government— one relying mainly on coercive authority, stringent laws, and vigorous taxation for the restoration of the credit and flagging energies of the nation; the other confiding m tlie vktue, mtel- Kgence, patriotism, and honesty of the i>eopIe, under moderate restramts, for the attaimnent of the same end— one

ADAMs' AmilNlSTRATlON. 19

of them monocratic, but styled Federal ; the other Republican.

The election of a successor to President Washington, in 1796, resulted in the choice of John Adams, who was the candidate of the Federalists. They were able to cast for him seventy-one electoral votes. Jefferson was the candidate of the Republicans, and received sixty-eight. He was therefore declared vice president, under the provisions of the constitution then in force. Adams belonged to an influential family, had been among the first and the boldest ui resisting British aggression, had contributed largely to the success of the revolution, had an honorable record of pubUc ser\dces, and therefore great claims upon the gratitude of the country. No other man Uving at that time, except Washington, could have beaten Jefferson in that canvass.

But he reposed implicit confidence in certain eminent Federahsts, and partook largely of then* monocratic notions. He relied for his support much upon the coercive forces at his command, and very Uttle, if at all, upon the voluntary j^atriotism of the people. His boldness often led him into indiscretions, and his confiding disi^osition exposed him to the arts and artifices of designing men. The latter was the salient trait in his character, and occasioned most of the difliculties which rendered his administration unpopular.

The French Directory, chagrined at the failure of all attempts to induce the government of the United States to abandon its position of neutrality assumed by General Washington, and take up arms against the alfied sovereigns, and incensed at the treaty which had been concluded with Great Britain, resorted to retaUatory measures. They undertook to cripple or destroy our foreign trade. They passed an ordinance authorizing the seizure

20 THE HEPUBMCAN PAHTV.

and confiscation of American vessels and carj^oos. They refused to receive Mr. Pinckney, the American muiister, and ordered him peremptorily to leave France.

Mr. Adams convened congress by proclamation, in the month of June, 1797, and laid before that body a statement of the aggressions of the French Directory. Congress was divided in opinioii at first respecting the measures it would adopt, but finally made advances with a view to a reconciliation. Failing in this, measures were taken to place the country in a condition for war, A standing anny and a naval armament were authorized, and the capture of French vessels decided upon. Finally, an alien law was enacted in the following words :

" Be it enacted by the senate and house of representatives of the United States of America, in congress assembled, that it shall be lawful for the president of the United States, at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations agamst the government thereof, to depart out of the territory of the United States Avithin such time as shall be expressed in such order ; which order shall be served on such aUen by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the ofiice of the secretary of state, by the marshal or other person to whom the same shall be directed. And in case any alien so ordered to depart shaU be found at large within the United States after the time limited in such order for his departure, and not liaA^ng obtahied a license from the president to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be impiisoned for a term not exceeding three years, and

ALIEN AND SEDITION LAWS. 21

shall never after be admitted to become a citizen of the United States. Provided always, and be it further enacted, that if any alien so ordered to depart, shall prove to the satisfaction of the president, by evidence to be taken before such person or persons as the president shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the president may grant a license to such aUen to remain within the United States for such time as he shall judge proper, and at such place as he may designate. And the president may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties, to the satisfaction of the person authorized by the j^resident to take the same, conditioned for the good behaviour of such alien during his residence in the United States, and not violar tmg his hcense, which license the president may revoke, whenever he shall think proj^er. Approved July 6th 1798."

A sedition law was enacted in the following words : " Be it enacted by the senate and house of representatives of the United States of America, in congress assembled, That if any persons shall unlawfully combme or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to in timidate or prevent any person, holding a jDlace or office in or under the government of the United States, from midertaking, performing, or executing his trust or duty ; and if any person, or persons, with intent as aforesaid, shaU counsel, advise, or attempt to procure any insurrection, riot, unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt, shall have the ])roposed eftect or not, he or they shall be deemed guilty of a high misdemeanor ; and on conviction, before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six montlis, nor exceeding five years ; and further, at the discretion of the court, may be holden to find sureties for his or their good behavior, in such sum, and for such time, as the said court may direct.