« PoprzedniaDalej »
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,* 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,t 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 WASHINGTON.
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 vindica. tory 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
* See them, post, p. 163. The authorship of these resolutions has lately been claimed for the distinguished gentleman who offered them.
† Post, p. 22.
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. :
1. 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 Vir.
ginia, 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 con
struction of the first resolution of 1798, 249 to 256. 2. A letter from the same to Mr. Ingersoll, relative to the Bank
question, 257. 3. A letter from the same to the same, on the same subject, 258
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.
SECTION I. Confers power on the President to order aliens to depart. 1. What aliens.
Such as the President shall judge dangerous to the peace and
safety of the United States, or shall have reasonable grounds to
By the President's order to depart, served by the marshal or other
person. But the President may grant a license to remain on
bond and security of such person. 3. Consequences of disobedience.
Imprisonment, on conviction, not exceeding three years, and per
petual disability to become a citizen. Section II. Confers on the President power to remove aliens. 1. What aliens.
Such as are above described, who are
1. In prison, in pursuance of this Act.
2. Dangerous, and proper to be speedily removed. 2. Consequences of returning without President's permission.
Imprisonment, on conviction, as long as the President thinks the
public safety requires it. SECTION III. Requires masters of ships to report to officers of customs, all aliens on board.
SECTION IV. Gives the District and Circuit Courts of the United States
cognizance of all offences against this Act; and requires marshals, and other officers of the United States to exe
cute the President's orders under it. SECTION V. Allows alien to remove his effects. SECTION VI. Continues act in force for two years.
SECTION 1, 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 against - the government thereof, to depart out of the territory of the United States within such time as shall be expressed in such order ; which order shall be served on such alien, by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office 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, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained 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 imprisoned for a term not exceeding three years, and shall never after be admitted to be. come 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 aliền to reside therein, the President may grant a license to such alien 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
also require of such alien to enter into a bona tąthe 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 President to take the same, conditioned for the good behaviour of such alien during his residence in the United States, and not violating his license, which license the President may revoke whenever he shall think proper.
Sect. 2. And .be it further enacted, That it shall be lawful for the President of the United States, whenever he may deem it necessary for the public safety, to order to be removed out of the territory thereof any alien who may or shall be in prison in pursuance of this act; and to cause to be arrested and sent out of the United States such of those aliens as shall have been ordered to depart therefrom, and shall not have obtained a license as aforesaid, in all cases where, in the opinion of the President, the public safety requires a speedy removal. And if a any
alien so removed or sent out of the United States by the President shall voluntarily return thereto, unless by permission of the President of the United States, such alien, on conviction thereof, shall be imprisoned so long as, in the opinion of the President, the public safety may require.
Sect. 3. And be it further enacted, That every master or commander of any ship or vessel which shall come into any port of the United States after the first day of July next shall, immediately on his arrival, make report in writing to the collector or other chief officer of the customs of such port, of all aliens, if any on board his vessel, specifying their names, age, the place of nativity, the country from which they shall have come, the nation to which they belong and owe allegiance, their occupation, and a description of their persons, as far as he shall be informed thereof, and on failure, every such master and commander shall forfeit and pay three hundred dollars, for the payment whereof, on default of such master or commander, such vessel shall also be holden, and may by such collector or other officer of the customs be detained. And it shall be the duty of such collector or other officer of the customs, forthwith to transmit to the office of the Department of State true copies of all such returns.
SECT. 4. And be it further enacted, That the Circuit and District Courts of the United States shall respectively have cognizance of all crimes and offences against this act. And all marshals and other officers of the United States are required to execute all precepts and orders of the President of the United States, issued in pursuance or by virtue of this act.
Sect. 5. And be it further enacted, That it shall be lawful for any alien who may be ordered to be removed from the United States, by virtue of this act, to take with him such part of his goods, chattels, or other property, as he may find convenient; and all property left in the United States, by any alien who may be removed as aforesaid, shall be and remain subject to his order and disposal, in the same manner as if this act had not been passed.
SECT. 6. And be it further enacted, That this act shall continue and be in force for and during the term of two years from the passing thereof.
An act in addition to the act intituled, “ An act for the punishment of
certain crimes against the United States."
[Approved July 14, 1798.
SECTION I. Punishes combinations against United States government. 1. Definition of offence:
Unlawfully to combine or conspire together to oppose any mea.
sure of the government of the United States, &c. This section was not complained of.