Ns 
 

 LETTER 
 
 FROM 
 
 GEORGE NICHOLAS, 
 
 OF KENTUCKY, 
 
 TO 
 
 HIS FRIEND, 
 
 IN VIRGINIA, 
 
 JUSTIFYING THE CONDUCT OF THE CITIZENS OF 
 KENTUCKY, AS TO SOME OF THE LATE MEA- 
 SURES OF THE GENERAL GOVERNMENT; 
 
 AND 
 
 CORRECTING CERTAIN FALSE STATEMENTS, 
 
 WHICH HAVE BEEN MADE IN THE DIFFERENT STATES, OF 
 THEVIEWS AND A CT IONS OF T H E PEOPLE OF KENTUCKY. 
 
 LEXINGTON: PRINTED PHILADELPHIA: REPRINTED, 
 BY JAMES CAREY, No. 16, CHESNUT-STREET. 
 
 1799. 
 
A LETTER, &c. 
 
 MY DEAR SIR, 
 
 ******* having fhewn me that part of your 
 letter to him, which refpects our politics, and myfelf, I have pre- 
 vailed on him to lend me the letter, that I might have it in my 
 power to anfwer it. I am induced to do this, as well from a de- 
 fire to remove the urrjuft impreflions and reprefentations which have 
 been received by, and made to, our fellow citizens, of our views and 
 deiigns ; as from a wifh, that by making our real fentiments public, 
 an opportunity may be afforded, of detecting the errors on which 
 they are founded^ if they really are erroneous. 
 
 Before I enter on the fubject, let me requeft your calm and de- 
 liberate confideration, of what I (hall advance. Opinions and reafon- 
 ing which are in oppofition to what we think right ourfelves, are 
 often condemned and rejected too haftily ; but this is not the way to 
 remove error ; full and difpaffionate inveftigation is the only means 
 of arriving at truth, and the real patriot can have no oilier object 
 in his political enquiries. 
 
 The warmth of my own paflions, the improper influence which I 
 am confcious, that they too often have over my judgment, and the 
 peculiar tendency which I feel, that they pofTefs to lead the mind 
 aftray, in its attempts to form a ju(l opinion as to our prefent politi- 
 cal queftions ; all confpire to make me urge this requeft on my 
 friend, whofe good opinion 1 wifli to preferve, whofe unintentional 
 errors I wifh to fee corrected, and whofe well known patriotifm. 
 I wi(h to roufe, before that period (hall arrive, when a conviction 
 of the moft important truths will come too late ; and when the re- 
 membrance that it was not felt earlier, will be attended with the mod 
 heart-felt forrow and concern. Jf after having devoted the prime 
 of your life to the eftablifhment of the liberty of your country ; if 
 after having (lied your blood in its defence ; if after feeing yourfelf 
 furrounded with children and grand children, for whofe fakes you 
 have voluntarily fubmitted to all the ills neceiTarily attendant on re- 
 volutions and wars ; what would be your feelings in the decline of 
 life, if you fhould fee that liberty deftroyed ? 1 know you fo well 
 as to be fatisfied, that nothing could add to the bitternefs of fuch a 
 fituatior, but the recollection, that you had by an improper and un- 
 limited confidence, even undelignedly contributed to it. Paufe 
 then, my friend, and think deliberately and difpaffionately, and do 
 not let any improper conduct in a foreign nation, to which your at- 
 tention is artfully turned on one fide, blind you to the imminent 
 danger which hangs over the liberties of your country, on the other. 
 At the time you are calling out arm, arm, againfl the foreign foe, 
 who you fay threatens the independence of our country, do not 
 
 A * Ihut 
 
fhut your eyes to domeftic violations of our conflitution, and our 
 liberties. What will it avail us, if we can preferve our inde- 
 pendence as a nation, nay, if we can even raife our country to 
 the higheft pitch of national glory, provided we at the fame time 
 lofe our own liberties ? If France is at this time fubjected at home, 
 to the military defpotifm which is faid to reign there ; will the con- 
 quell atchieved by her arms, and the glory which furrounds her, 
 compenfate the people, of that country in the, fmaUe.it degree, for . 
 their loll: liberties ? Can the power and confequence of tyrants, ever 
 alleviate the miferies of their .flaves ? . If. they cannot, we ought to 
 confider it as a truth of the moft important nature that indepen- 
 dence abroad is of no real value, nnlefs it is accompanied with li- 
 berty at home. 
 
 The preamble to our conftitution declares, that the fee u ring this 
 liberty, was the great andprimary confideration, which induced the 
 people of America to form that, conftitution ? <* We the people of 
 the United States, in order to form a more perfeft union, eftablifh 
 juilice, infure domeflic tranquility, provide for the common defence, 
 promote the general welfare, and fccure the bkffings ef liberty to our- 
 fel*ves and our pofterity, do ordain and eitablifh this conftitution for 
 the United States of America/* 
 
 My feelings hare forced from me thcfe obfervations ? I will 
 now anfwer your letter. 
 
 You fay " we entertain none of your fears, our liberties we think 
 are not in danger. " It is not at' all furprifing when we form fuch 
 different opinions of. our political fituadon, that our conduct alfo 
 fhould be fo materially different ; but as the conduft of .either, can 
 be right only as far, as the opinion by which it is actuated fhall 
 prove to be ju, we ought carefully to afceriain which of thofe opi- 
 nions is founded on propriety. No country can be free, unlefs it 
 h:is a conftitution, limiting in a fulHcient degree, the powers of 
 thofe who are appointed to administer the government; and alfo 
 guarding thofe powers from abufe, as far as fuch a guard can be 
 eilabliflied. The moft effectual guard which has yet been difcovered 
 againft the abufe of power, is the divifion of it. It is our happi- 
 nefs to have a conftitution which contains within k, a fudicient limi- 
 tation to the power granted by it, and alfo a proper diviiion of that 
 power. But no coniHtution affotds any real fecuiity to liberty, un- 
 lefs it is considered as facial and prefefved inviolate; becaufe that 
 lecariiy c^.n only arife from an actual, and not from a nominal limi- 
 tation and divifion of power. Every violation of fuch a confutation 
 mull be made in one of two ways ; either by an aliumption, by the 
 government at large, of greater powers than is given to it, by the 
 conftitution ; or by one branch of the government, affuming to itfelf, 
 or having transferred to it by the other branches, powers which the 
 conititution declares fhrJi be exercifed only by- the other branches, 
 or by the vv-hoie government. This transfer even of conftitu- 
 tional* powers, from the Whole, to s, part, or from the part to .which 
 they are given by the confutation, to a part -to which they are net 
 as dangerous to liberty, as an o.fRirnptk>n by the whole of 
 
 the 
 
( 5 ) 
 
 the government, of more power than is given to it by the confutation, 
 becaufe the divifion of the power which is given, is as effential as 
 its limitation to the preservation of liberty. Before therefore we can 
 admit the truth of your opinion, that ic our liberties are net in 
 danger,'* we muft be fatisfied", that our government has neither af- 
 fumed to itfelf, other or greater powers than are afligned to it by 
 the conliitution, nor violated that divifion of power, marked out 
 by the confHtuiion ; by permitting any one branch of the govern- 
 ment, to exercife powers efpeci ally confided by the confutation, 
 either to the whole or to other parts of the government. 
 
 I will examine a number of the acls of our government by thefe 
 teds. The conilitution declares .hat " congrefs fhall have power 
 to raife and fupport armies," an acl: pafTed by congrefs gives tjir* 
 prefident power *' in the event of a declaration of war againit the 
 United Stares, or of aclual invafion of their territory by a foreign 
 power, or of imminent danger of fuch'invalion, dif covered in his opi- 
 nion to exift before the next ieilion of congreis to caufe to be enlifted 
 and to call into aelud. fervice, a number of troops not f-xceeding 
 10,000 ; to be enliiled for a term not exceeding three years." The 
 , fame bill alfcr enacts, <( that in addition to the aforefaid number of 
 troops ; the preildeni i* hereby empowered, at any time within three 
 years, after the p offing of this atl 9 if in his opinion the public interejl fiiall 
 require it, to accept of any company er companies of volunteers either of 
 artillery, cavalry or infantry, who may afTociate and offer themfelves 
 for the fervice, who mail be armed, cloihed and equipped at their 
 own expence, and whofe CGmmijJioned officers the prtfident is hereby au- 
 thorised t appoint ; who fhall be liable to be called to do milrary doty 
 at any time the prefident fhall adjudge proper, within two years afar 
 he jhcdl accept the fame" By this aft the power veiled by the con H- 
 tutton in congrefs ' to raife armies" has been by them transferred to 
 the prefident ; and he is made the fole judge of the neceflity of raif- 
 ing this army, and of the number that it fhall con fid of, fo that the 
 regulars do not exceed 10,000 ; but without any reftridion as to 
 the number of volunteers ; and as the prefident is at liberty to ac- 
 cept of the volunteeii, at any time within three years after the paf- 
 fing of the acl, and as they are liable to be called on to do military 
 duiy, at any time the prefident fhall adjudge proper, within two 
 years after he (hall except of their fervices, it may be truly faid, 
 that he has an abfolute power for live years, to raife an army to any 
 amount he pleaies, to be commanded by officers of his own appoint- 
 ment, and to do fuch fcrvices as he mail be pleafed to direct. And 
 if thefe corps of volunteers are to be confidered as felecl corps of 
 militia, in which light they appear to have been confidered by the 
 amendatory sft pa'fled on this fu ! j '&, which declares that after their 
 fervices are accepted by the preiidenr, that they fhall be exempted 
 from -militia duty in other corps ; the power given to the prefident 
 by the bill to appoint (heir coir*mifFionedJDfHcers, violates that part 
 of the conilitution, which **' refsrvss to the ftates refpeclively the 
 appointment of the militia oflicei\s" The conftitution alfo gives 
 power to congrefs * to provide and maintain a navy ;" but they 
 
 have 
 
( 6 ) 
 
 have authorized the prefident to accept by way of loan, of any 
 number of fhips that may be offered to him. The conftitution has 
 alfo given power to congrefs " to borrow money on the credit of the 
 United States ;" but they have given the prefident power to borrow 
 5,000*000 of dollars without any limitation as to the amount of the 
 intereft to be paid on the loan. Thus, congrefs have by thefe dif- 
 ferent acls, to the degree, that I have ftated, transferred the power 
 over the purfe and the fword veiled in them by the conftitution, to 
 the prefident ; and if a power over the purfe and the fword, has 
 always been properly confidered as including within it all other 
 powers ; and if this power to the extent to which it hath been now 
 given to the prefident, hath already, as youfuppofe, produced forty 
 fnips of war, and 90,000 volunteers ; and will alfo Ihortly procure 
 more than 10,000 regulars, all officered by chofen fpirits felecled 
 by the prefident himfelf, and dependant on him for their continu- 
 ance in cfRce ; I befeech you, to inform me on what it is that you 
 found your opinion, that " our liberties are not in danger." So far 
 from rny being able to concur with you in this way of thinking, 
 after the moil ferious reflections on the fubjecl, I am clearly of opi- 
 nion, that if the real difference between our government, as fixed by 
 our conftitution, and an abfolute government could be afcertained ; 
 it would be found, that thofe who have adminiftered our government, 
 have already by their different violations of the conftitution, and of 
 the republican principles on which 5t is founded, done away and de- 
 flrcyed, much the greater and moft powerful part, of the guards to 
 liberty, which are contained in that conftitution ; and which origin- 
 ally conftituted the efiential difference between cur government and 
 a defpotic government. And that if they have, in fo fhort a time, 
 with the means which they then had in their power, and when they 
 were oppofed by all the conftitutional barriers, been able to effect fo 
 much, that it will not now require any great effort on their part, to 
 remove the remaining difference between the two governments; when 
 their means of attack are increafed in a twenty -fold degree, and when 
 the principal conftitutional barriers are already laid proftrate at their 
 feet : unlefs the people of America, will rally around their conftitu- 
 tion, for its protection. 
 
 You fay alib " the alien law you wifn to be made perpe- 
 tual." My knowledge of you convinces me, that you will recal 
 that wifh, if I can fatisfy you, that this law violates the conftitution, 
 by exercifirg a power not delegated to congrefs by the conftitution, 
 and by infringing an authority which prior to the constitution 
 was veiled in the ilate governments, and which the conftitution 
 flill referved to them ; that it violates the rights fecured to alien 
 friends, by the conftitutions of the federal as well as of the ftate 
 governments ; that it is impolitic ; and that it is unjuft and unne- 
 cefiary. You know that this a<5l concerns alien friends only, there 
 being another fpecial acl of congrefs, directing what (hall be done 
 with alien enemies; this will render it unneceifary in the difcufTion 
 of this queftion to take any notice, of the doclrine concerning alien 
 enemies. To underiland the conftitutional Dowers of congrefs on 
 
 * o 
 
 this 
 
( 7 ) 
 
 this fubjeft, we mould recoiled the ftate in which this bufinefs was, 
 prior to the adoption of the conftitution, and then afcertain 
 the change which was made in it by that conftitution. Prior to 
 the adoption of the conftitution, the people inhabiting the 
 different ftates might have been divided into two clafles ; natural 
 born citizens, or thofe born within the ftate, and aliens or fuch as 
 were born out of it. The firft by their birth-right became entitled 
 to all the privileges of citizens; the fecond were entitled to none, 
 but fuch as were held out and given by the laws of the refpective 
 ftates, prior to their emigrating to them. 1 fay by the laws that were 
 in force prior to their emigrating to the (late; becaufe although ea:h 
 flate, as a fovereign and independent ftate, had an unqueftionable 
 right to declare, on what terms ftrangers mould be permitted to come 
 into the flate, and what privileges they mould be entitled to after they 
 had emigrated to the ftate ; thefe terms after a flranger had in confe- 
 quence of their being offered to him, actually removed to the ftate, 
 conftituted a compact between him and the ftate, which could no more 
 be changed by one party to it without the confent of the other, than 
 any other compact can be fo altered. But {till the ftate had a right 
 to change thofe terms whenever it adjudged it proper to do fo, as 
 to all future emigrants. The laws, then, of each ftate muft be re- 
 forted to, to afcertain what were the .privileges granted to emigrants 
 and upon what terms and at what time they were-en titled to thofe 
 privileges. In this ftate and in Virginia the privileges of alien 
 friends depended on the conftitution of each ftate, the acts of its le- 
 giflature, and the common law ; by thefe they were confldered, ac- 
 cording to the time of their refidence, and their having complied 
 with certain requifites pointed out by thefe laws, either as denizens 
 or naturalized citizens. As denizens, " they were placed in a kind 
 of middle ftate between aliens and natural born citizens ;" by natu- 
 ralization, they were put exactly in the fame condition that they would 
 have been, if they had been born within the ftate, except as far as 
 was fpecially excepted by the laws of each ftate. The degree of 
 privilege to which each clafs of aliens was entitled was different, but 
 the claim of each to the privileges annexed by the law to his clafs, 
 was equally well eftablimed ; and the one could no more, with juf- 
 tice, or by law, be deprived of his inferior privileges, than the other 
 could of his more extenftve ones. And as far as thefe privileges 
 did extend, they both had the fame legal claim to them, that the 
 natural born citizen had to his privilege. Like the natural born 
 citizen, they both owed allegiance to the ftate, were equally 
 liable to be punilhed for offences againft it, and were equally en- 
 titled to the protection of the laws, to fecurity againft oppreffion, and 
 to every legal means, of felf juftification, when attacked by the 
 procefs of law, The diftinction between thefe two claffes of aliens 
 was not only known to, and eftablifhed by law, but each clafs had a 
 particular name affixed to it by law the Jaw denominating one of 
 them denizens, the other naturalized citizens; and the common 
 law had affixed fuch diftinct and appropriate ideas to the, terms de- 
 nization and naturalization, that they cannot be confounded together. 
 
or miftaken for each other, in any legal trnnfaclion whatever. They 
 were fo absolutely dirtinft in their natures, that in England the rights 
 they, convev cannot both be given by the fame power ; the king 
 can m '-ike denizens, bat nothing but an aft of parliament can make 
 a naturalized fubject ; and although the powers which belong to 
 both king and parliament, under the Rnglifh. government, were 
 veiled in the flare governments at the revolution, (HI! they have 
 alwavs been coniid^red as diftinfl powers, and as fuch exercifed by 
 granting the different degrees of privilege!, upon the different terms 
 fpecified by law, as qualifications neceflary to entitle each dafs of 
 alien friends to the privileges annexed to that clafs : and the legal 
 diftincVoii between them and the appropriate meaning given to the 
 name, by which each clafs was diftinguifhed, continued to be re- 
 cognized by the laws of the ftates in the fame manner that it was in 
 England ; as may be fully proved by the acl of the Virginia legifla- 
 tare to naturalize the marquis Fayette." This was the legal 
 date of this fubjeft in Virginia when the federal conftitution was 
 adopted ; it declares, that (< congrefs ftnu'd have power to eftablifh 
 an uniform rule of naturalization throughout the Unifd States ;" 
 but it alfo farther declares, that Ss the powers not delegated by the 
 coriftiiuticn to the United States, nor prohibited by it to the itates, 
 are referred to the dates refpeftively, or to the people/' The power 
 of naturalization, and not that of d> 3 nization being then delegated to 
 ccngivfs, and the power of denization, not being prohibited to the 
 flares by the conftitution, that power ought not to be confidered as be- 
 lt e; ven to cono-refs by the conftitution, but, pn the contrary, as being 
 reserved to the itates. , As the words do not give this power, neither 
 does it come wiuiin tVr reafon on which the otherpower was given, 
 The'contlitution declares, that " the citizens of each ftate mail be 
 entitled re all the privileges and immunities of citizens in the fe- 
 ver; , ' if therefore, the power. of naturalization had been 
 left- '},- rht refnc^ive ftates, this confequence would have followed: 
 they might have eftabli J i rent rules; and a man who could 
 r.ot have been naturalized by the law of Virginia, might have been 
 naturalized by the law of Maryland; and then, as a citizen of 
 Maryland, he would hnve been entitled to all the privileges and 
 immunities of a citizen of Virginia. It was, therefore, abfolutely 
 neceflkry to prevent this inconvenience, and the evils which would 
 neceffarily grow out of it, to veft congrefs with the exclufive pplver 
 c.f nau ralization ; as by this means no man cpu)d be admitted as a 
 naturalized citizen of one irate, by any qualification different from 
 that which would be requi-ed in any other ftate. But this reafon 
 did not apply to the ri^ht of demzatton, becaufe this did not make 
 a citizen of an alien, but only placed him in a middle ftate, between, 
 the two ; and becaufe it only gave him local privilegesi which he 
 was fo far from being entitled to carry with him into another ilate, 
 that he a&naiJy loft them by his removal from the ftate. giving them* 
 And although the individual Rates might, for the reafons aftigned, 
 : been willing to give up to congrefs the power of naturalization, 
 it would have been very dangerous and impolitic to put it in the 
 
 power 
 
( 9 ) 
 
 power of a majority of the dates in the union, to prohibit emigration 
 to the other ftates. The ninth fe&icn of the firfl article, and the 
 fifth article of the conftitutton, prove beyond contradiction, that the 
 conilitution fo far from intending to give to congrefs any other 
 po\ver on this fubjeft, but that which it does exprefsly give to that 
 body, " to eftabliih an uniform rule of naturalization," has exprefsly 
 forbid fuch a power being given them, even by an amendment to 
 the conftiunion, prior to the year 1808 : and therefore mud prove 
 alfo that t'lis act is unconftitutional. But admitting, for argument 
 fake, that congrefs had a right to legislate on this fubjcct, I con- 
 ceive that the act which they have pafied refpecling it, is unconfti- 
 tutional, from the nature of the provifions contained in the act. 
 If they had a right given them by the conftitution to legiflate 
 on this fubject, it could be no greater right than was before veiled 
 an the itate governments : and the flate laws which had been patted 
 refpecling it prior to the adoption of that conftitution, were un- 
 queiiionabiy in force until congrefs did legiflate concerning it ; 
 and all the terms held out by thofe laws, were binding on the 
 United Stages, as to all who had emigrated here prior to the firfl: 
 aft of legiflation by congrefs, refpetting it. If thofe date laws are 
 examined, it will be found, that every fecuritjr which is given to a 
 natural born citizen, for the enjoyment of his privileges, is alio given 
 to all alien friends for the enjoyment of their's: and that thofe laws 
 were fo far from intending to deprive perions in their fituation, of 
 any privilege which would prevent them from having as full and as 
 fair trials as natural born citizens were en itled to, that they have 
 in certain cafes, allowed them to claim privileges in our courts (fuch 
 as that their jury mould coniift of half foreigners) which were 
 allowed to no other perfons ; and the federal conftitution alfo de- 
 clares that in all criminal profecutions, the accufed fliall enjoy the 
 righv to a fpeedy and public trial by jury ; and that the trial of all 
 crimes (hall be by jury. We find in thefe craufes no terms of reftric- 
 tion which can confine their operation, or the privileges they were 
 intended to grant, to any particular perfons ; on the contrary, the 
 expreflions ufed in the conftitution, are as general as they could 
 have been, fuch as, no perfon, in all criminal profecutions, all 
 crimes, &c. 
 
 Suppofe an alien who had refided here many years under the pro- 
 tedion of the ftate, the laws, and in the enjoyment of the pri- 
 vileges given him by thofe laws, without having been naturalized 
 under the law of the United States, was to be profecuted for trea- 
 fon 5 would he be tried by a jury ? Certainly he would. If fo, it would 
 be becaufe the law directs that this fhall be the cafe ; for there can 
 be but one legal mode of trial, no difcretionary power having been 
 veftecHn any court, to prefcribe or alter the mode which fhall be 
 puribed. If this is the legal mode of trial, it is the privilege of the 
 alien to have it followed, and in a profecution for treafon, he could 
 not be legally deprived of it. And if this would be his privilege in a 
 profecution for treafon, although he had never been naturalized, 
 the conftitution fecures it to him equally in all other cafes, where 
 
 accufations 
 
accusations are brought agamfchim ; becaufe It declares, that, t( in 
 a -I criminal profectuions, the ctcufsd fhall enjoy the right to a fpeedy 
 and public trial by an impartial jury, of the flate and diftrict, wherein 
 the crime (hall have been committed ; which diftrict (hall have been 
 previoafly afcertained by law ; and to be informed of the nature and 
 cauie of the accufation ; to be confronted with the witrieiTes againlt 
 him ; zo have compu'fory prccefs for obtaining witneUes in his favour ; 
 an^l to have the affiance of ccunfel for his defence. 
 
 Considering this punithment of baniihment, as a novelty in our law, 
 it is for that reafon aifo unconstitutional ; becaufe the conflitution 
 declares that " cruel and unufual puniihments fhall not be inflicted." 
 .And although this law directs this punifnment to be inflicted on 
 alien friends only, if the principle is once admitted to be a conftitu- 
 ticnal one, it will foon be extended to natives alfo : and then the 
 bed of our patriots, would, under new-fangled charges of fedition, 
 be fent to Botany Bay, to lament the general downfal of liberty, 
 with the Briiiih patriots, who have been already exiled there, under 
 fentences given on limilar charges. 
 
 This act is alfo unconftitutional, becaufe the conftitution de- 
 clares, that " the judicial power of the United State?, fhall be 
 vetted in courts, to be eilablifhed by congrefs, the judges of 
 which (hall hold their offices during good behaviour," whereas this 
 act gives the prefident power, to judge and determine in this cafe ; 
 if thfet deferves to be called a judgment which is given without a trial 
 of any kind, and on fufoicion only. 
 
 If;hen the aliens who came to this country in confequence of the 
 legal afTurances they had received, that they fhould enjoy certain 
 privileges ; that they, in common with all others refiding here, 
 fbould be protected in the enjoyment of all their juft privileges ; 
 that they fhould never forfeit them but in confequence of their own 
 improper conduct, and not then, until the charge againft them had 
 been eilablifhed before a proper tribunal, after a full, fair, and legal 
 mveiHgation of that charge ; I muil be warranted in faying, that this 
 law is uncon&itutional, becaufe it puts it in the power of the prefi- 
 dent to baniih them, a puniihment hitherto unknown to our laws, 
 and now confined to them alone, and that upon fufpicion only, and, 
 without a previous trial of any kind. That this act is impolitic, 
 no man can' doubt, who knows the extent of the prefent uncultivated 
 tracts of country in the United States. Until within a very fhort 
 period, it has been univerfaliy admitted as a truth, that there was 
 no line of policy fo important to us, as the encouraging of emigra- 
 tion : as a proof of it, the declaration of independence ftate^ it a? 
 one of cur charges againft the tyrant George the third, (f that he 
 endeavoured to prevent the population of thefe itates ; for that pur- 
 pcfe, obitructing the laws for the naturalization of foreigners ; re- 
 fufmg- to pafii others, to encourage their migration hither, and raif- 
 ing- thi; conditions of new appropriations -of land :" and yet, how 
 did u-ij rnifconduct of his fall iliortin its bad confequences, of 
 which puts it in the power of the prefident to banifh, upon 
 fu-fpiciorj onlv, thole who have emigrated, or fhall emigrate to this 
 
 country, 
 
country. What man who can exld: in any other country, would re- 
 move to this, knowing that he was to be fubject to fuch a depotifm ? 
 This law is fo unjuft, aj, well as fo obvioufly impolitic, that it fur- 
 nifiies the ftrongelt preemptive evidence, that the true reafons for 
 palling it, have not been avowed by the favourers of it. It is impof- 
 iible that any well grounded fears could exift as to a fe.v ftrangers in 
 America ; efpecially as they were liable to be retrained and pu~ 
 nimed, by the fame laws which are coniidered as fufikient to control 
 all other evil minded perfons, although aided by wealth, and nume- 
 rous acquaintances and connexio.is. The true way to remove all 
 danger from emigrants, is, inftead of retraining emigration, to 
 make it as general as poffible. In religion, a general toleration, 
 prevents danger from any one feel, as all the others would unite 
 againil one, which (hould attempt to act improperly. So it would 
 happen, if emigrants from every quarter of the globe werd admitted 
 to America, The danger apprehended from them, is, that notwith- 
 ftanding their removal to this country, they would ftill retain ft 
 ftronger attachment to their native land, than to America : although 
 the truth of this pofi'ioa might well be doubted, from the reafon of 
 the thing, when applied to men who voluntarily left the one coun- 
 try from difguii, to remove to the other, to which they gave a pre- 
 ference ; and to men, whofe future profpects, both for themfelves 
 and their poSienty, would all depend on the profperity of that coun- 
 try to which they had removed ; and although the general conduct 
 of the natives of the Britiih dominions who then refided in America, 
 proved the contrary in our war with that nation : I will for argu- 
 ment fake, admit it to be true in its fullefl extent, and yet I fhould 
 conclude, that no danger could arife from it : provided thefe emi- 
 grants would prefer America to any other country but their o;vn. 
 This would certainly happen, as well from that predelictibn to 
 America which brought them here, as from the antipathy which 
 generally prevails between the citizens of the different countries in 
 Europe : for then, in cafe of a rupture between America and any 
 one nation of Europe, belides her own natural born citizens, me 
 would be aided to the utmoft, by all the emigrants from every part 
 of the world, except that particular nation. This is alfo fully veri- 
 fied by the conduct of foreigners in general, refiding in America, 
 in our prefent conteil with France. So that inftead of emigrants 
 weakening America in time of war, the would, by their means, 
 gain as much additional ftrength, as their total number would exceed 
 the whole number from that nation with which me was at war: and 
 the emigrants even from that country, would be retrained from 
 (: adhering to their former countrymen, or from giving them aid 
 or comfort/' by the penalties annexed to treafon, which fuch con- 
 duct would fubjeft them to. Perhaps it might have been hoped and 
 expected by tne friends of this bill, that a law of this kind would 
 make all the perfons coming within its defcriptions, perfectly fub- 
 fervient to the will of the preiident : this idea is confirmed by an 
 addrefs from a number of aliens in Albany, in which they pledge 
 themfclves, by every exertion that can be made both with their per- 
 fons 
 
( I* 5 
 
 ^fonsand property, to fupport all the meafures of government ; in 
 anfwer to which, they are told by the prefident, that as long as 
 they do aft up to their promife, by fuppordng by every means in 
 their powers// the ads of the government, that they fhall be treated 
 with hofpitality. Perhaps alfo, a knowledge of human nature, 
 might have convinced the framcrs of this bill, that the abfoiute 
 power which it gives the preiident over thofe coming within its 
 provifions, would enable him to dictate alfo to all their connexions, 
 friends, and acquaintances, who would not wife to fee them ba~ 
 mihed from the country, and all that they held moil dear. But, 
 if the policy of party extended i:s views ftill further, and from a 
 knowledge of the exifting convulfions in Europe, and the caufes 
 which have produced them, wifhed to put it in the power of the 
 prefident, to difcourage and prevent all who are engaged tkers in 
 ilruggles for liberty, from emigrating to America, if they are un- 
 fuctefsful at home ; at the fame time that the door was left open, to 
 receive all the abettors of tyranny, if they failed in their prefent 
 conceits : this a6l may, in its operations go a great way towards 
 contaminating and deftroying thofe republican principles which 
 now exift in America, and which are the only real fupport of our 
 prefent con ftituti on. Whatever efFedl thefe -fuggeftions may have 
 on your judgment, I flatter myfelf that I muft nave proved TO your 
 fatisfa&ion, that this act is unconjHtutional, unjujl> impolitic and un- 
 necejjary. 
 
 You fay " we think that no words can juftify fedition under a 
 conftitution formed as a bafts of government amongtt a civilized 
 people. We fubmit with chearfulnefs to laws regularly enacted by a 
 great majority of our rulers. " 
 
 It is not neceffary for us to enquire whether the authors of falfe 
 and. malicious publications, which the law denominates libels, 
 ought to be made punifhable by law; becaufe they have always 
 been liable to iuch punifhment. The queilion is, have congrefs a 
 right to pafs a law on that fubject, and under the pretext of pro- 
 viding a punifhment for that offence, which the laws of the different 
 ftates had before fufticiently provided, to deftroy the liberty of the 
 prefs, contrary to an exprefs prohibition contained in the federal 
 conftitution ? Seditious writings do not confHtute the only, or the 
 greateft offence which can be committed againit the community ; 
 why, then has not congrefs provided punilhment for the others ? 
 Certainly, for this reafon, becaufe they had no conftitutional power 
 given- them to pafs fuch laws. There is the fame reafon againft 
 their pafling laws on this fubjecl, with this additional one, that the 
 conftitution exprefsly declares, that " they mall pafs no law abridg- 
 ing the freedom of the prefs.'* If it is afked where is the injury 
 arifing from this law, if there were other laws on the fame fubjedt 
 exifting in the different ftates, prior to the pafiage of this law ? 
 I anfwer, that the wrong confifts in their afTuming to themielves, a 
 power to legiflate on a fubjecl, not only not entrufted to them, but 
 abfolutely forbid them, by the conftitation ; that if this is once al- 
 lowed, the only barriers contained in the conftitution for the fecurity 
 
 of 
 
( .3 ) 
 
 of liberty, will be destroyed ; and that this law ought to 'be ccnfi- 
 dered, not as the final regulation which is intended to be made on 
 this fubjecl, but as an experiment only, to try the temper of the peo- 
 ple ; and ns the forerunner of other acls that would foon be palled 
 refpecling it, upon a much more exteniive fca'e, if this is fu'miitted 
 to. Jf any m 01 doubts that this would be tne cafe, let him exa- 
 mine the infamous ledition bill paifrd by the fenate, which delrroyed 
 the liberty of fpeech, as well as, the freedom of the prefs a b'-M 
 which was altered in the haufe of reprefe^tatives, fo as to bring 
 it into its p refer nt fhape, only by a very fmall majority. But, even 
 that bill was not more unconftkutional, than the one which was ac- 
 tually pafled, becaufe the conftitution gives r.o other fectirity for the 
 enjoyment of one of thefe privileges, than it does for the other ; 
 and they might, alfo, at the fame time, as conititutionally, have 
 attacked religious liberty ; becaufe that alfo depctidi on the fame 
 claufe in the conftitution, which is in thefe words : (f Cong efs 
 {hall make no law refpeding an eftahlidiment of religion, or prohi- 
 biting the free exercile thereof, or abridging the freedom of fpsccii 
 or of the prefs, or the right of the people peaceably to aflemMc, rod 
 to petition the government for a redrefs of grievances." But it is 
 argued by the friends of the law, that if fimilar laws do now exiil 
 in the oifFerent dates, that this law does not abridge the freedom of 
 the prefs, and, therefore, is no violation of the coniKtution. This, 
 by no means, follows as a confequence, for although the itate legif- 
 latures may have conflitutionally palled laws on this fubjeft, under 
 the powers given to them by the ilate conftitutions, yet congr -fs 
 could have no right to pafs fuehlaws, when the federal confHtiuion 
 declares that they fhall pafs no laws refpecting it. The prohibition 
 contained in the federal conflitutionis, that congrefs jliali not exercife 
 this power at all, but leaves the power, as it flood before, in the 
 flate governments ; and the laws exiiting in the {Lite government?, 
 rendered the paffing of fuch a law by congrefs altogether unnec.f- 
 fary. Becaufe, as iedicious writings were forbid and punlfhable by 
 the laws of every flate, and as no officer of the general government 
 loft the protection of the (late laws by going into ofHce, he would 
 have the fame right to apply to a court under the ftate laws, for 
 redrefs of any injury of this kind that any other citizen would have. 
 Befides, the remedies given by this al are public profecutions, 
 and it has been folemnly determined in common law courts, tnat a 
 libel againft an official character, belonging even to a foreign 
 country, is cognizable and puniihable in thofe courts : there can 
 be no doubt, therefore, but that a libel againft an officer of the 
 general government, which is fo immediately connected with the 
 itate governments, as to be in fome refpefls the government of each 
 ilate alfo, and whofe conilitutional als are the fupreme law in each 
 Hate, would alfo be cognizable in the Hate courts. This argument 
 may alfo be ftrongly illuitrated in another way " the United 
 States, in their united or colle&ive capacity, are the objects to 
 which all general proviiions in the conllitution muft refer.'* 
 Now, it is evident, that though refm&ions on the freedom 
 
 of 
 
1 
 
 of the prefs, with various limitations, are known in each Hate, 
 individually, yet in the United States, as fuch, no fuch redriftion 
 was known, prior to the adoption of that conftitutien; when, 
 therefore, the conflitution declares, that congrcfs {hall pafs no law 
 abridging the freedom of the prefs, it rnuft mean, that they fhould 
 edablifh no legal redriclion whatever on it ; becaufe any reftriclion, 
 however fmall, when impofed * v them, would \-zabridgfag the freedom 
 of the prefs in the United States, as fuch, as no reilriclion by them, 
 had ever exided prior to that time. Jf this claufe receives the con- 
 itruftion that I contend for, it has an important and forcible mean* 
 ing that congrefs {hall not legiiiate at ail upon this fuhjeft, and 
 leaves it with the mafs of powers, which were refer ved to the date 
 governments; but if it is condrued to have reference to the redric- 
 tions impofed by the ft ate governments on ths freedom of the prefs, 
 by auiliorifmg congrefs to impale iimilar ones, it is nugatory; be- 
 caufe it would make the extent of their power depend on the flare 
 -regulations, on this fubjecl ; and would make their laws change and 
 fiuiuate, with all the alterations that wouM be made by the dates 
 refpecling it ; and it would be void alfo, for its uncertainty, becaufe, 
 as the restrictions are different in the lev era! dales, and as the laws of 
 no particular ftatc? are declared to be the Ciiterions which fhould re- 
 gr.Lite the conduct of congrefs on this fubject, any law they could. 
 pafs refpeding it, would abridge the freedom of the prefs," in 
 i-orne of the Hates, although it might not do it in others. Unfortu- 
 nately for the favourers of this dodrine, their oracle, Hamilton, has 
 reafbned agairvd it in the mod conclufive manner, when proving that 
 a bill of rights was not omy unnecefTary, but that it would have 
 been even dangerous : He (ays I go further, that bills of 
 rights, in the feafe and in the extent in which they are contended 
 for, are not only unneceiFary in the propofed conduction, bat .would 
 even be dangerous. They would, contain vr^rious exceptions to 
 powers which are not granted ; and on this very account, would 
 afford- a colorable pretext, to claim more than were granted. For, 
 tvhy declare that things fhall not be done, which there is no 
 power to do ? Why, for in dance, fhould it be faid, that the liberty 
 of the ^izk Jh&Hntt he re/trained, when no power is given by which 
 reftridions may be impofed ? 1 will net ccni end that fuch a prc-uijion 
 wiitld wafer a regulating power * but it is evident, that it would fur- 
 nifh, to win difpcfcd ie ufurp, a plaufMe pretence for claiming that 
 power. They might urge, with a fcmbfaftce of rcafon, that the con- 
 difution ought not to be charged with the abfurdity, of providing 
 againd the abuf? of an authority, which was not given, and that 
 the provifion againd retraining the liberty of the prefs afforded a 
 clear implication, that a power to prefcribe proper regulations con- 
 cerning it, was intended to be veded in the national government. 
 This may ferve as a fpecimen of the numerous handles which would 
 be given to the doftnr.e of ccnilrudlive powers, by the indulgence 
 of an injudicious- zeal for bills of rights," This reafoning of his, is 
 alfo a fuHicient'anfwer to the argument which they draw, from this 
 prohibition on they power of congrefs, being contained in an amend- 
 
 mtnt 
 
C IS ) 
 
 mnitQ the conflitution ; which, as they fuppofe, is an 
 implication, that the coniUtution itfelf did give a power to abridge 
 the liberty of the prefs. This argument may alfo receive fe- 
 veral other fatisfactory anfwers. Suppofe this reafch i:;g was juft, 
 would it not follow, that after the amendment had taken place, by 
 which a change had been made in the power given to congrefs 
 in this refpedt by the conftitution, that that power, as far as it was 
 inconfident with the amendment, would I e as effectually done away, 
 as if it had never been given by the conftitution ; and as the amend- 
 ment fays they mall pafs no law abridging the freedom of the prefs, 
 it certainly does it away entirely. Befides, the preamble to 'the 
 amendments dates, that s< the conventions of a number of the dates 
 having, at the time of their adopting the conftitution, ex-prefTed a 
 defire, in order to prevent a mifconftruclion or abufe of its powers, 
 that further declaratory and reftrittive claufes mould be added and 
 as extending the ground of public confidence in the government, 
 will bed enfure the beneficent ends of its inftitution :" Confidering 
 then this particular claufe in the amendment, as being either decla- 
 ratory cr reftrifiive, it would be contrary to common fenfe, as well 
 as every rule of legal conftrudion, to make this claufe, which alfo 
 in itfelf contains the drongeil prohibition againft the exercife of fuch 
 a power, amount to an authority to exercife it. Further, admit 
 that this amendment does prove in the fulled manner, tha: the 
 conftitution did give congrefs fuch a power, yet as they hac! 
 never, prior to the adoption of that amendment, really exer- 
 cifed that power, the amendment does away that power as ef- 
 fectually, as if it had never exiited at all. For, as the liberty 
 of the prefs was not actually abridged, although congrefs had 
 a power under the conftitution to abridge it, until they had 
 actually exercifed that power; congrefs could not, after the 
 adoption of the amendment, pafs any law on that fubject, be- 
 caufe that law would then, as to the United States, for the liril time, 
 have " abridged the freedom of the prefs, V which the amend 
 declares, that no law of their's mail do. Another ilrong argurr 
 that the conflitution did not intend to give, and that the amendr 
 did mean to prohibit altogether, the power of making laws or 
 fubject, is that no checks are to be found in either, fimilar to thc^ 
 contained in the bills of rights in the feveral date conductions, 
 guarding this power againft abufe. But, even this bill admits that 
 every fuch law ought to be guarded againd an abufe of the power 
 which it gives ; did the framers of this conftitution then intend to 
 leave it to the pleafure and patriotifm of Harper and Ots, and, the 
 other friends to arbitrary power, either to guard their bills of this 
 kind properly, or to fend them out unPnackled, that they might the 
 better effect their purpofe of infpirtng terror. 
 
 The advocates of this bill give it great merit, becaufe it declares, 
 that in every profecution founded on it, the defendant (hall ' 
 liberty, " to give in evidence, in his defence, the truth of then- 
 contained in the publication charged as a libel." I can never acknow- 
 ledge the juOics of a thief, whoreftores toaman h?rn- rohh 
 
only of what he has taken from him ; but, if I underitand this bill, 
 this claufe fo far from reftoring any thing-, which had been be- 
 fore raken away ; that it adds mockery to opprelTion. In fome 
 cafes, the privilege of giving the truth of the charge in evidence, on 
 a profecution for a libel, would be important; if, for inftance, A. 
 was to publish in writing, that B. was a horfe thief, and had Hoi en 
 his horfe ; if A. was indicted for this ssa libel, it would be of great 
 iin ortance, arid a complete jurifdiction to him, if B. was really 
 
 fuihy or the charge, to be allowed to give the truth of it ia evi- 
 nce. Bat in the proP,-cutions contemplated and authorifed by this 
 act, thisw>)uld, ; .i ninety-nine cafes out of an hundred, be no pri~ 
 vile ?? at all. This act declares, that " if any perfon (hail publiHi 
 any falfe, fcandalous, or malicious writing againft either houfe of 
 the congreis of the United States, or the pvefident of the United 
 Spates, with -intent to defame or bring them or either of them into 
 contempt or difrepute, or to excite againft them or either of them the 
 hatred of the good people of ihe United States, that ne mall be pu- 
 nifhed by fine and imprifonment." Now, it muft be obvious that 
 very few charges that will be brought againft either houfe of con- 
 grefs, or the prefident, will be founded on a lingle or a fimple fact, 
 which will be capable of being proved by teJHmony, as might be 
 done in the cafe already put, of a charge brought againft a man 
 for Healing a horfe. 
 
 All political writings contain not only facts, but alfo reafoning 
 and deductions drawn from thofe facts ; and the object of the writer, 
 muft generally be illuftrated by the reafoning and deductions drawn 
 irorn the facts, pnd not from the facts themfelves : and the libel, if it 
 is one, will confi(t generally, in what is contained in that reafoning 
 and thofe deductions, and not in the facts. But evidence can be 
 given only of the truth of facts, and no teftimony can be brought 
 to prove, the truth of the opinions ftated as ariiing out of thofe fads. 
 The confequence therefore muft be, either that A will be found 
 guilty of the charge brought againft him, becaufe he does not prove 
 ihe truth of that tvhich is incapable of being proved ; or, that he 
 will be found guilty or acquitted, according to the political fenti- 
 ments of his jury : apon the fame charge, a jury of republicans 
 would acquit him a jury of ariftocrats would condemn him. A. 
 would be acquitted to day, and B. condemned to-morrow, for the 
 fame publication. Can this be right? if it is not, does it not prove 
 unquei ionably, that this pretended privilege is a delufion only ? I 
 will illuftrate this reafoning by two examples ; fuppofe A. was to 
 publifh in writing, that the prefident had by his writings declared his 
 approbation and efteem of monarchical governments ; and his dif- 
 approbation of and didike to, republican principles ; and was to 
 argue from thence that. he was. unworthy of the confidence of a peo- 
 ple, living under and attached to, a republican government : and 
 was alfo to alTc j rt, that the fedition bill was a violation of the con- 
 Jntution in a very plain inftance ; and was then to argue, that 
 all who had been concerned in the pafsing of it had violated that 
 co^illuuicn, and by doing fo, hal alfo violated their oaths, bv 
 
 which 
 
( 17 ) 
 
 which they were bound to fupport that conftitution. If A. was 
 tried for this publication, he might prove by the preiident's writings 
 and the fedition bill, that what he faid as to them was true ; but 
 h6w could he prove, that the inferences that he drew from them- 
 that the prefident was unworthy of public confidence, and that all 
 concerned in pafsing the fedition bill had wilfully violated the con- 
 ftitution and their oaths, was true alfo ? Neither could be proved 
 by teftimony, and yet as a freeman A. had a right to form this 
 opinion ; and the opinion itfelf being founded ort fafts, he had a 
 right to communicate it to his fellow citizens, to prevent them, 
 from placing an improper confidence a iecond time in thefe men. 
 But for this opinion A. would be either applauded or condemned by 
 a jury, according to their private political fentiments. This law then, 
 in the fir" ft place, declares it to be an offence to publifh a writing, the 
 truth of which is from Its nature incapable of being proved ; and 
 then gracioufly adds, that before you are convicted of this offence,, 
 you may, if you pleafe, make an attempt to prove the truth of the 
 charge, although that attempt, when made, muft be ineffectual ; 
 be'caufe it is to do a thing which is impoffible to be done. If the 
 writer's condemnation or acquittal is to depend on the political opi- 
 nion of a jury, collected in a country rent into political factions, and 
 felecled by an officer under the abfolute influence and control of his 
 profecutors and enemies, will it not put a total flop to all political 
 writings, but thofe in favour of the meafures of government : and 
 how long will even the fhadow of liberty remain, after the door of 
 information is, by that means, effectually barred againft the body of 
 the people ? 
 
 So far from it's being fight to abridge the freedom of fpeech or 
 of the prefs, when it is exercifed to cenfure the meafures of govern- 
 ment ; it is the only time, when it is necefTary to protect either of 
 them. As long as the fpeaker or writer approves of their meafures, 
 he may not only proceed with fafety, but he will be thanked and 
 paid for it. If he praifes handfomely, he will be taken into favour 
 if he deifies the object of his flattery, he will confefs that he has 
 ** melted his heart." It is faid that a pleaiing fong has been paid 
 for wkh an office ; that many have been given as rewards for ad- 
 flrefTes : and that more than one have been taken from thofe who re- 
 fdfed to become addrefTers. 
 
 What has been faid muft prove that the liberty of the prefs ought 
 to be left where Che conftitution has placed it, without any poiver 
 n congrefs to abridge it ; that if they can abridge it, they will de- 
 flroy it ; and that whenever that falls, all our liberties muft fall with 
 it. 1 cannot clofe this part of the fubject better, than by copying 
 what was faid reflecting it, by our late envoys ; their expreffions on 
 this occaiion are io juft and forcible, as to give real caufe to lament 
 that their abilities are mt ofiener exerted in illuftrating and enforcing 
 republican principles. They fay " the genius of the conftitution 
 .ind the opinions of the people of the United States, cannot be Over- 
 tiled by thofe who adminifter the government. Among thofe prin- 
 "r>!fis deemed facred in America; among thofe facred rights confi* 
 
 C dered 
 
dered as forming the bulwark of their liberty, which the govern- 
 ment contemplates with awful reverence* and would approach only 
 with the rnofl cautious circumfpefiion, there is none, of which the im- 
 portance is more deeply impreffed on the public mind, than the li- 
 berty of the prefs. That this liberty is often carried to excefs, that 
 it has fometimes degenerated to licentiouihefs, is feen and lamented ; 
 but the remedy has not yet been difcovered. Perhaps it is an evil 
 infeparable from the good with which it is allied : perhaps it is a 
 ihoot which cannot be firipped from the ftalk, without wounding 
 vitally the plant from which it is torn," 
 
 Do you not difcover, how materially the language of many of the 
 warmed advocates of the meafurcs of government, has been changed, 
 lefpeftlng thefe bills. When they were fir ft enacted, they were ths 
 caufes of great joy and triumph, to the whole party ; and the moil 
 y.ealous smongll them, infulted, bullied and threatened all who 
 would net adn;it that they were both confliiutional and wceffary ; and. 
 every art and argument were ufed, to bring the people into this way 
 of thinking ; and notwithstanding they had been oppofed by nearly 
 one half of the houfe of reprefentatives, were difliked by a great ma- 
 jority of the people of America, and were confidered as unconfritu- 
 tional, by great numbers who had always been among the" warmeft 
 lupporrers of the government ; many of the moft influential charac- 
 ters in the government party, took every opportunity toexprefs their 
 contempt, for all who difapproved of them ; and the officers of go- 
 .:nent, to irritate them as much as pofiible, gave the title of thefe 
 bills as names, to two of the public armed veffels; calling one 
 " the Sedition acl cutter," and the other " the Alien law fmack."* 
 But having failed in all their attempts, . either to bully or convince 
 the people ; and finding that they were determined not to entruft 
 *heir liberties to thofe who advocated thefe bills ; they now admit, 
 liiat thcfc bills were impolitic, becaufc they were ufelefs ; and be- 
 caufe they were calculated to create unnecefTary difcontenis and jea- 
 loufies among us. But ilill thefe men do not acknowledge, that they 
 nre miccailitutional ; and therefore, if they have it in their power fo 
 TO do, they muft, to be confident with themfelves, vote fcr flmilar 
 bill?, whenever they may fuppofc, that they will be expedient. The 
 people who oppofe thefe hills on the ground of their being uncondi- 
 tional, ought never to vote for men, who are oppofed to then*, 
 :ufc they con fide r them as being inexpedient at this time. It 
 is n'lfb extraordinary, that thefe men who declare that they confider 
 jfeiefs and impolitic, are againft the repeal of them; 
 upon a fuppofuion, that an effort to repeal them, would irritate 
 nvcirs minds to fjch a degree, as to baffie the oppofnion to the at- 
 tempt that t]>ey fuppcfe will be made by the government party fcr 
 ihcir .re vival, after the 'term for which they are now in force ' 
 
 . 
 
 Apii " So thru, the policy of thefe gentlemen amounts to this ; it 
 lent, to let thefe bills, which they acknowledge to be 
 
 * We apprehend that the author has midakea a punning paragraph in th^ 
 (Hoflon) Czni'mel) replete with tbcftdtrativrfol the editorial major, for a fa<fl, 
 v/Jiicli has led him into this erroneous afTertion. Philadelphia Editor. 
 
 ufelcfj 
 
( '9 ) 
 
 'ifelefs and impolitic, and which nine-tenths of the people belie v 
 to be dangerqus and unconftitaiional ; continue in force two 
 years longer, for fear of irritating and offending thofe, who by their 
 voting for and patronizing thefe bills, have already proved them- 
 felves to be enemies to our conllitution and liberties. Away with 
 reafoning of this kind ; intelligent freemen cannot be deceived by it ; 
 they will difcover that it is an electioneering trick ; that it is intended 
 to nut them off their guard, and to induce them to trull their liberties 
 In the hands of men who, even if they are honeft in their declarations, 
 differ with them in opinion as to the true meaning of fome of the 
 moil important parts of our conllitution ; and who from their own 
 acknowledgments, muft be bound in conscience, to vote for iimilar 
 bills, whenever they mall judge it expedient to do fo. The private 
 virtues of fuch men ought to be no inducement with the people to 
 elect them, as they will caufe them to perfevere in opinions, which 
 the people confider as dangerous and definitive ; and in thofe cafes, 
 their fuperior talents, inftead of being a public benefit, will only 
 enable them, to fpread the poifon contained in ther opinions, the 
 more difFufively. A promife on the part of a reprefentadve, to 
 obey the inftruclions of his conftituents, is no fecurity to them, when 
 they differ from him as to important political principles. Inlt ruc- 
 tions muft go to fpecified objects, but after they are obeyed as to 
 thofe objedb, the obnoxious principle which was contained in them, 
 may be thrown into another fhape, and then tKe reprefentadve may 
 confider himfelf as being at liberty to foUow his own inclinations. If 
 therefore, the alien and /edition bills were repealed in confequence 
 of inftrucYions ; and not becaufe thofe who voted for their repeal 
 thought them unconftitutional; the fame principles might afterwards be 
 approved of by the reprefentatives, in other bills, before their con- 
 "flituents would have an opportunity of intlrucling them, as to them 
 aifo ; and thus there would be an eternal war, between the princi- 
 ples and acls of the reprefentative, and the wiihes and intereil of 
 his conilitutents. The only real fecurity that can be given to the 
 people, that their intered and principles will always be duly attended 
 to by their reprefentatives, mull arife from their placing that truft 
 in no man who does not poffefs both an intereft and principles flmilar 
 to their own. All true patriots iliould unite in declaring thefe bills 
 to \>t political monfters, and in demanding that they (hall be put out 
 of exigence, as foon as it can be done conftitutionally : and to pre- 
 vent other bills of a fimilar nature, from riling out of their ames, 
 they fhould vote for no man who will not unequivocally declare 
 that congreTs have no conflitutional power to pafs fuch bills, under 
 any poffible (late of things. 
 
 Sat you declare that " you are fatisfied with thefe laws, becaufe 
 they have been regularly enacted by a great majority of our rulers." 
 You are certainly miftaken, as to the facl of their having been pafTed 
 by a great majority. Thefe bills as well as feveral other very im- 
 portant meafures, were adopted by very fmall majorities ; which 
 circurnilance, alone, ought to have been fuBkient with moderate 
 men, to have prevented their voting for them ; becaufe in a free 
 
 C 2 country, 
 
( 2 ) 
 
 country, radical changes, even if conftitutional, ought not to be 
 made, but by general confent. As to the regularity of their paffage, 
 I have not enquired into it ; but if they had no right to pafs fuch 
 ac"ls, the obfervance of no forms in the pafling of them, could make 
 them conftitutional when pafled : the mcft wretched of all govern- 
 ments, is that, where the form of it is retained, after the fubflance is 
 loft: this I take to be the prefert Situation of the Britifh government, 
 and is the true reafon why their king is now the moil abfolute me- 
 narch on earth. 
 
 You fay, " we hope to fee a force raufed fufRcient to keep peace 
 at home, and awe all foreign powers." If I underftand this pro- 
 perly, it amounts, not only to a wifn to fee a Handing army, but 
 alfo to have one of the largeft fize ; becaufe no other kind could 
 poflibly * e awe all foreign powers. " This, then, is another im- 
 provement, which has lately been introduced into our political fyf- 
 tem ; our old patriots confidered (landing armies, as the molt pow- 
 erful engines of arbitrary power, and the moft dangerous enemies 
 to republican governments ; but, our modern patriots have difco- 
 vered, that this was an error, and that a large (landing army is -a 
 neceffary ingredient in a good republican government ; although 
 they fometimes infoim us, alfo, that France has, within five years, 
 loft her liberty by the means of one, and that (he is now governed 
 by a military defpotifm. I have read, without emotion, ,the argu- 
 ments which have been ufed in a hireling paper, and by the tools 
 of party in congrefs, to prove the nrceflity of having a large ftanding 
 army, to keep in awe- the free citizens of our republican govern- 
 ment ; becaufe I defpifed them, as well as their arguments : but, to 
 fee thofe arguments row repeated, by the pen of a real and well 
 Informed patriot, makes me (hudder. Lock at the public decla- 
 rations of '76, in which you concurred fee how different the fen- 
 timents they contain, are> from what you now avow ; and then in- 
 form me of the caufe of the change. It cannot proceed from any 
 apprehenfions entertained of internal commotions upon the prefent 
 occasion, becaufe you declare, that ' the unanimity of the people 
 of America is aftonifhing ; and that Kentucky is the only difcon- 
 tented ftate in the union." I befeech you, my friend, reconfider 
 this fubjedl, and do not put it in the power of the friends of arbi- 
 trary power, to quote your opinion as an authority, in favour of one 
 of their moft damnable doctrines. 
 
 You fay, " We entertain not any apprehenfions of danger from 
 the French, and the Spaniard, the cowardly Spaniard, is too much 
 afraid of us, to give us the leait infult in future, however great a 
 favourite he may be in Kentucky," From the obvious meaning 
 of the whole of this fentence, I apprehend, that you have taken up 
 improper ideas of the opinions, views and defigng of the people in 
 this country. I will endeavour to give you a true representation 
 of all of them, as far as they have come to my knowledge. 
 
 Firfl as to" our difpute with France. We think that our go- 
 vernment gave the full real caufe of oifence to the French nation ; 
 that the French have carried their refentment of this injury, to a 
 
 very 
 
rery unjullihable length; that our government did not make uie of 
 the bed, or the mod likely means, to heal the breach in the frieudmip 
 between the two nations; nay, that the ileps which they have taken, 
 have had a manifefc tendency to widen that breach ; that peace 
 might dill be obtained, if it was properly fought after, although the 
 French have now made very improper and unjultifiable demands on 
 America ; and although there is reafon to fuppofe, that they have 
 alfo now formed forne improper views as to us. We lament that 
 any jud caufe of offence was given to that nation we recollect with 
 concern that effectual means were not ufed to bring about a recon- 
 ciliation with her, and that all attempts at a reconciliation are now 
 laid afide we rejoice that her improper demands were rejected- 
 and we tnink that effectual defeniive meafures ought to be taken, to 
 guard us againd any improper defigns that me may now have 
 formed refpecting as but we do not think, that any thing that has 
 happened, could juilify our government to their own country, 
 either in commencing or precipitating a war between the two na- 
 tions and that even an actual date of war, woulc^not have justified 
 thofe meafures of their's, which I have already obferveci on ; be- 
 .caule they exceeded their confHtutional powers, and becaufe their 
 evident tendency was, by dividing, to weaken us. As to the Spa- 
 niards- fo far from our feeling any predilection for that nation, we 
 have, until lately, been accudorned to view her with very unfriendly 
 eyes ; but our refentment againft her has ceafed entirely, iince fne 
 has done us juilice ; and we now wifh, to keep up with her, that 
 friendly andliberal commercial intercourfe, which is fo obvioujly to the 
 intereft of both countries but we wifh to form no other connexion 
 whatfoever with her. In fliort, we have no improper attachments 
 to any foreign nation we are true Americans, having no political 
 objects in view, bin the welfare, independence and liberty of our 
 country. And if the time mall really come that they are attacked, 
 by any foreign nation, we will give the lie to thole who now flancUr 
 us not by prefenting " loyal and dutiful addrefTes" nor by foii- 
 eiting for lucrative commiffions nor by enrolling ourfelves in the 
 corps of volunteers, which from their having been unconditionally 
 raifed and officered, there is every reafon to fuppofe are intended to 
 be ufed for the word of purpofcs but by turning out as freemen 
 and militia ( the only natural, fafe and constitutional defenders of 
 their country) to protect and defend all that we hold mod dear. 
 
 We have been repeatedly informed, that it has been reported in 
 the other dates, that it is our svifli and intention to feparate from 
 the union. I cannot give you any better information on this fub- 
 ject, than is contained in an addrefs from me to the citizens of Ken- 
 tucky, from which the following is an extract. 
 
 " It has been currently reported and vehemently afTerted, that 
 thofe perfons who have in this 11 >te, declared their difapprobatiou 
 of ibme of the late meafures of irie general government, are ac- 
 tuated by a wifh and a defign, to dedroy the conllitution and the 
 union of the United States. This is a charge of an important na- 
 ture, and therefore ought to be fupported by fufficient tedimony. 
 
 Proof 
 
Proof is particularly requisite to fupport fuch a charge ; becaufe, 
 from the nature of it, it cannot be contradicted by positive proof, 
 as a falfe charge as to men's aftions may generally be. Men's ob- 
 jects and views are locked up in their own breads, and can be fully 
 known only to themfelves ; but ftill fuch circumftances may be col- 
 lected from their declarations, their tuation, or their conduct, as 
 will goa great way in explaining what their views really are. Some 
 fuch proofs ought, therefore, always to be given, to fuppoit ?. 
 charge of evil defigns. But no proof of any kind is brought to 
 fupport this charge ; it reds altogether on the afiertion cf thofe 
 making it ; an afferticn, proceeding from malice, and made to an- 
 fwer the views of party. The iituation of thofe again ft whom the 
 charge is brought, affords the ftrongeft prefumptive evidence againft 
 the truth of that charge. We are citizens of this country, have our 
 all ure, and conlider it as the permanent refidence, for ourfelves 
 and our pofterity, That which will be to the lading and ultimate 
 irterefl of this country, muft be our intereft alfo. Will thofe who 
 bring this charge again (I us, fay, that it will be to the intereft cf 
 this ftate, to fepai ate from the other itates in the union ? They 
 certainty will not. Hew then does it happen, that we would wifh 
 to fee an event take place contrary to the true intereft of our coun- 
 try, when our private intereft muft in that refpefl be infeparable from 
 that of the ftate at large. Is this intereft of a doubtful nature, or 
 are we alone fuch fools as not to be able to diftinguifn it, although 
 there has been no difference of fenti merit on that fubjecl:, in any 
 other part of America, for upwards of twenty years ? If I under 
 (land the nature of the charge, it is not founded on a fuppofition 
 that we have not undemanding fnfiicient to enable u& to comprehend 
 what the real intereft of our country is ; but that vve are wicked 
 enough to wifh to fscrifice that interest, to our fuppofed private 
 3. But, before we ought to be fufpe-fted of having finned 
 intentionally, it fhould be fhown that we had fome temptation to 
 commit that fin. I afk then, what are thofe private views which 
 are fuppofed to have influenced our conduct ; and what are the per- 
 fonal advantages which could be expecled by rational men iituatecl 
 as vve are, which could be fuflicient to compenfate us for the ruin 
 and dellruction which would certainly be brought upon our country 
 and pofterity, by the adoption of fuch a rneafnre. Can the wifeft 
 man arnongft us forefee, if a feparation (hcuM take place, what 
 would be our political Situation ? If he cannot, how can he afcer- 
 tain that that feparation would promote his private views ? And 
 would ary man it his fenfes, wifnto fee fuch an attempt made, with 
 all its attendant dangers, onlefs he faw clearly that if it fucceeded, 
 it would certainly procure him great private advantages ? He cer- 
 tainly would not. If then no fufncient reafor. c?.n be fuggefted from 
 our prefent iiiuation, or from our future profpefts, why we fhould 
 be fuppofed to wifh to fee a feparation take place ; have we jufti- 
 fied the charge which has been brought againft us, by any de- 
 claration that this is our wifh ? Examine our public declara- 
 * on this fubjecl:, they uniformly hold a different language, and 
 
 thofe 
 
thofe declarations are acknowledged to be in Met conformity to our 
 intereft ; they ought, therefore to be considered as expreffmg our 
 true fentiments, until fome fufHcient evidence is given to prove the 
 concrary. If our private declarations have contradicted thofe which 
 we have made in public, let it be proved, and I will then agree, 
 that there is fufHcient reafon to believe that our public declarations 
 are deceitful ; but until fome proof cf this kind is brought, it ought 
 to be fuppofed, both from our real intereft and our public declara- 
 tions, that we really are warmly attached both to the conftitution 
 and the union of the United States. Nothing can more juftlv bring 
 dicredit upon accufers of any kind, than their naming one fet of per- 
 fons as being guilty of the. charge, at one time and place ; and a 
 different fet at another time and place. This is exactly the fituation 
 of our accufers, upon this occafion. When this charge is brought 
 forward in this ftate, it is confined to a few, and it is unequivocally 
 declared, that the body of the people are innocent of it ; but when 
 it is mentioned in any other (late, the charge is then extended to 
 the Hate at large : From this it appears that there is a double object 
 in making this falfe charge, firft to deceive the bulk of the people 
 ia this ftate, as to the views of a part of their fellow citizens ; an(J^ 
 tlien to give the inhabitants of the other ftates falfe imprefiions as 
 to the real objects of the people at large in this ftate : and to anfwer 
 the real object of the charge, which is to deceive whenever it is 
 made, it is neceiTary to confine it to a few, when it is ftated here, 
 and to make it general when it is exhibited in the other itaces. To 
 give this charge forne colour of truth, when they find that they can 
 adduce no teftimony to fupport it, thofe who make it, fay, that im- 
 lefs we are actuated by fuch a defign as they falfely attribute to us, 
 that no fufHcient caufe can be aifigned for our prefent political con- 
 duct. Great, indeed, muft have been the change which has taken 
 place in the fentiments of the people of America, if they cannot fee 
 a fufHcient caufe for our prefent conduct, in the belief which i* 
 ftrongly impreffed on our minds, that our liberties, and the conftitu- 
 tion. of our country are in danger : although they may not (;: 
 things in the fame point of veiw that we do, they certainly ought 
 to acknowledge, that as long as we are under the influence of thelb 
 imprefTions, that that alone will be fufficient to account for our pre- 
 fent conduct. They cannot deny the truth of this pofition, u- 
 they feel a conviction that they have now become fo indifferent c. 
 their liberties, as to be incapable of making a ftruggle in their de- 
 fence, when they Ihall confider them as being really in danger. 
 The different mediums through which we view our prefent political 
 queftions, will naturally caufe us to form dilfcrent opinions concerning 
 them ; but, from, the opinions which we have really formed as to 
 them, thofe who differ with us in opinion, ought to be fatisfled that 
 oar prefent conduct proceeds from the (trongei! aJUchmfnt, a.?ul 
 not from enmity to the.conftituticn and the uaion of thy United States : 
 b-'cauie, as the union is fupported, and can L v ' the* 
 
 confutation, and as that conititutioa cannot le 
 fi' it i? considered as lacred : r_hcf? sr? th? on! 
 
who endeavour to preferve that conftitution from violation* 
 Frcm the juft indignation which you mutt feel at having the fenti- 
 rr e'-ts of the ftate at large upon this important fubjecl, io much mif- 
 reprefented in other ftates ; from a knowledge that thcfe who bring 
 this charge againft us here, before you ; exhibit the fame charge* 
 againft you in the other Hates before the people of America ; you 
 ought to liften with great caution-, to thofe charges which are brought 
 here, againtt iome of your fellow citizens. You mould always re- 
 coiled, that whenever it is found that you cannot be deceived as to 
 rneafures, that the next moll dFe&nai ftep, is, to try to deceive you 
 as TO the views of thofe who oppofe thofe meafures , becaufe it is 
 well known, that if you can be fatisfied that their oppofition pro- 
 ceeds from bafe and improper motives, that a part of the juft indig- 
 na ion which you would then feel againil them, would be transferred' 
 to the oppcfjticn i-tfeif. Prudence .is well as charity therefore re- 
 quires that you fnould believe no fich accufation until it is proved, 
 and then only, as to thofe againit whcrn it is proved. 
 
 I have {aid fo much as to the truth of the charge, confidering it 
 as involving others as well as rttyfelf ; I have ftated my opinion 
 and belief, that it is fnlYe as to them ; fo far as I am involved in it, 
 I know, and declare k to be faHe. From the declaration of inde- 
 pendence, to this day, I hare been uniformly and warmly, a friend 
 to the union of America ; front trie time cf publifbing the prefent con- 
 iUtutton of the United States, by the convention which formed it, 
 tf> this day, J have been uniformly and warmly a friend to it : and 
 I have proved my attachment to both, as well by my actions as my 
 words. No action of my life, can be brought forward, which 
 ought to caufe a fufpicion of the reality of my attachment to either 
 of them. The reality of that attachment was never doubted before 
 I -came to this country ; the foregoing letters will' prove that the go- 
 vernment has given me no perfonal caufe of diiguft fince I came here ; 
 and I defy any man to* fay, that during my refidence of nine years 
 ard a half in this itaie, he hais ever heard me utter a word, which 
 could prove, that 1 did not dill feel thefe attach nrents in the ftrongeft 
 degree : when it is recollected that I now differ in fentiments front 
 feveral with whom I formerly converfed freely and confidentially, 
 on political fubjecls, this appeal ought to have its due weight. I 
 sKo declare, that fo far from my thinking thst a reparation of the 
 union would be proper or my wiming to fee it take place, that I am, 
 and always have been firmly of opinion, that it would be deltruc- 
 live, and equally fo, to every part of the United States ; and that 
 if fuch an attempt fhouid be made, thac I would oppofe it by every 
 ineans in my power : and I do aflert, that fo far from my being 
 privy to any fuch defign, I do not believe that any fuch defign does 
 cxill in this itate ; and that during my reudence in this country, I 
 have never heard even one man, exprefs an opinion that it ought, or 
 a wifh that it fhouid take place. 
 
 * ] flatter myfelf that thefe observations will be fufficient to remove 
 any ur.juft irnpreflions which have been made on your mind, as ta 
 our opinions and deiigns. But, fince you hvs mentioned th-e Spa- 
 niard S T 
 
( 25 ) 
 
 niards, I will inform you what Qvr/i$ici&ns are of the views of -our 
 government towards that nation. The war in which we are engaged 
 with the French nation, promlfes no potlible advantages ; th ; r^- 
 fore, although trie people of America may have been deceived fo 
 fir as to induce them to confent to enter into the war, the blood aad 
 treafii'-e which mail n^coflarily be expended in its profecution, with- 
 out a chance of a beneficial return of any kind ; will foon make them 
 iick of iuch a war ; and open their eyes, as to the-arts wnich forced 
 them into it. Bus: a war with Sp^in, would hold out all the allure- 
 ments arifing from the profpecl of conquering a rich and weak coun- 
 try ; and as the Spaniards are no>v cotiiidered by our government* 
 as tf a cowardly people," they probably view that profpeft as a 
 very certain one ; and for this reafon, a war with Spain as weH as 
 Fr.ince, feems to be nec^lTary, to complete the war fyllem of ou 
 rulers ; aad if war with all its attendant powers, armies, navies 
 &c. &c. has been their real object ; and if die improper conduct o^ 
 the French nation was only made ufe of as a pretext to obtain tha n 
 object ; there may be flrong reafon to apprehend that fuch a line o- 
 con duel: will be purfued, as wil ! prevent that war from being termi 
 naied too foon. But you will recolleft that I ftate.thts as a fufpiciorT 
 only, which may therefore prove to be groundless, however ftrong 
 th : grounds on which it is built, may now appear to be ; and howe- 
 ver gr-atly that fufpicion hath been itrengthened in my mind, by 
 fame ifah which have corne to my knowledge. 
 
 You fay, " we think //'Kentucky cannot pay a continental tax of 
 thirty-iix thoufand pounds, when absentees pay fo great a proportion 
 of it, that her opinion on the tuhj?t, cannot weigh very heavily in 
 the fcale : efpecially as (he is the vveakeft ftnte but one, in the union, 
 and the only difcontented one " It has long been-a prevailing opi- 
 nion with a certain party in America, that none but " the wealthy 
 and the well-born, " ought to have any fhare in government ; and 
 the people have been r^prefenfr d on the floor of congrels ss tc an ig- 
 norant herd, who could evilly be cajoled, flattered and deceived ;'* 
 but this is the firft time, as far as I know, at leait, that this doftrine 
 h.ith been applied to any of the fovereign and independent dates, 
 which make a part of the union. If fron our poverty and the fmall- 
 nefs of our number, the opinion of the ftate of Kentucky ought to 
 weigh but little in the fcale, the fame reafons ought to make the 
 claims upon her for taxes, very light alfo : but as long as we find 
 that thefe are eLormoudy heavy, we cannot confent that the other 
 (hall be confidered as weighing nothing : the conititution declares 
 that the weight of the one (hall be in proportion to the amount of 
 the other ; and that each itate, as well as each freeman in the United 
 States, whether rich or poor, iTiall have an equal right to exprefs his 
 fer.tirnents on all public queftions. But, hnw do you come at the fum 
 of thirty-fix thouiand pounds, as being the amount of our continental 
 tax I We will thark you if you will prove that it will come to no, 
 more. Our proportion of the direct tax of two million of dollars^ is 
 thirty-feven thoufand, fix hundred and forty-four dollars, and this is 
 the proportion which is taken from the lail cenfus, but it is- reduced 
 
 D to 
 
to a certainty, that a new cenfus would increafe that proportion more 
 than one third. But this direct tax produces only a very (mall part of 
 the mm, which is no'.v required bv government, from the people, by 
 way of taxes ; for I find, by an eftimaie before rn?, that the whole 
 expenditure of government, as now authorized by law, may amount 
 in_the prefent year, to twenty-one million, three hundred and twen- 
 ty-one thoufand, feven hundred and eighty- fix dollars, without in- 
 cludino: any part of the exrences whicn wi.l be caufed by the volun- 
 teers, if they fhould be called into fervice. Of this, our proportion 
 would come to four hundred and one thonfar.d, three hundred and 
 thirteen dollars, according to the prefent cenfi>s, and if you add to 
 this Aim the additional third, that the new cenfus vvou-d oblige us to 
 pay, we fhall after a new cenfus takes effect, upon the fame annual 
 amount of taxes, have to pay as our proportion of them, the fum 
 of five hundred and thirty five thoufand and eighty. ;:hre? dollars. I 
 know that a great part of the money that will be paid to the govern- 
 ment, will be railed by the impofl and the excife ; but I am alfo 
 well aiTured, that we (hall pay as much more than our proportion of 
 the cxclfe, as we fhaa pay lefs than our proportion of tr.e impoft, if 
 that fad is really fo, which I do not admit to be the cafe, i have, 
 from this view of the fubject, no hefitation in declaring, that make 
 the eilimate of what we fhall actually have to p^y, in any way you 
 will, th?.t the amount mufl great! y exceed our abilities, I am nappy 
 to hear that your country is in fo flourifhing a condition, as to be 
 able to ray her proportion of this fum " with pleafure;" but fhall 
 be better pleafed,if the experiment, when actually ma^e, fhall prove 
 that this is really the cafe ; for I apprehend that you may have been as 
 much miilaken in the real amount of her proportion, as you was in 
 that of Kentucky. Virginia's proportion of the tivo million of dol- 
 lars, was- three hundred and forty- five thoufand four hundred and 
 c:e t, -.-'iaht uoliirs, and of confequence, ner proportion of twenty- 
 o* e million, three hundred thoufand, will be three million, fix hun- 
 dred and eighty-five t'ioufand, two hundred and fivecl.linis. 
 
 You fay " JtfFej fen and his adherents are fallen into the utmoft 
 
 contempt ; and the fa-flions members with us, ax&fculking ^"like the 
 
 owls at the riling of the fun. With few exceptions (and there will 
 
 </s be fome ftrange wrong headed creatures) the unanimity of 
 
 the people is ailoniihing." I am happy in having an opportunity 
 
 cf declaring, when it can be ittributed to no improper motive, t.iat 
 
 c long iinge, changed the unfavourable opinion, which I once 
 
 Jonncd of that gentleman's political conduct, and that I confider 
 
 him, as one of the moft vi> tuous, as well as one of theableft, of the 
 
 icr.n patriots. My information has led me to form, a different 
 
 opinion from what you have done, as to the general fentiments of 
 
 iiu- ; ;,:cpK: in Virginia, and as to the degree of eiteern, in which, 
 
 what you call ycur " factions members," are held by their conftitu- 
 
 I have been told, that except where forne of your prefent re- 
 
 tio would certainly have been re-elected, if they would 
 
 to i;, have declined offering their fervice again, on 
 
 .:,;t cf ;li-'..ir L\vi health, on from ucmeilic confideratior.3 ; that 
 
 the; e 
 
there will be very fs\v changes made in your preferit reprefentation ; 
 and that whe r e the prefent republican reprefentativ^s are willing to 
 ferve again, and are oppofed by ariitoc 'ats, that the latter, know- 
 ing that tie bulk of the people do not think with th^m, are fo far 
 from avowing, in an open and manly manner, the fentiments of their 
 party, that they aflir'e the people that although they do differ with 
 them in fentiment, in fome things, that that difference is not as great 
 as it has been reprefented to be, and that as far as they do differ with 
 them, they will, if they are elected, facrifice tiie-ir own opinions to 
 thofe of their conftituenrs, if t'ley iil inftruit them on the fubjects 
 conflituting that difference. If thefe facts are fo, they prove un- 
 quellionably, that they are confcu.us, that they do not pofTefs the 
 confidence of the people ; and that they cannot be elected bat upon 
 the humiliating condition, of tiieir promiiing beforehand, to advo- 
 cate principles which they di ("approve ; and thefe facts would alfo 
 have juftiiied you fully, if inftead of faying " that the prefent 
 members were flcalking off/' you had declared, that their opponents 
 were tf trying tofneak i:iio r$ce" 
 
 You fay tl the Created confidence is placed in our firm old pre- 
 iident, and the glorious Wafhinglon." 
 
 We do not place the greateft confidence in our prefent prefident, 
 becaufe we think his political and official conduct do not merit it. 
 The bounds of a letter, which is already too long, will not permit 
 my now ftating the reafons of that opinion; but you will probably 
 foon fee them at large. The citizens of this country have always 
 entertained the moil exalted ideas of the talents, as well as the vir- 
 tues, of our late prefldent : but we cannot put implicit confidence 
 in any man's opinions ; neither can we be duped, by an expectation 
 of receiving a kind of fervice from him, which his prefent Situation 
 as Commander in chief, will not enable him to render. When he 
 was prefident, he had it in his power, and it was his duty, to dictate 
 the meafures which were to be purfued ; but as commander in chief, 
 he has no hand in dj^ecting public meafures, and is equally bound 
 with a corporal, txTobey thofe that are directed by others. His 
 influence and his talents, may have a great effect in carrying into 
 execution thofe meafures which are dictated by others ; and if thofe 
 meafures are wife, jult and constitutional, his fervices as a general 
 will produce the happiefc conlequences. But if thofe meafures mould 
 be weak, deftructive and unconstitutional, then the great fupport they 
 would receive from his name and talents, would be the greateft of 
 misfortunes to his country. As commander in chief, we may 
 fafely calculate on receiving the molt elfential fervices from him, 
 againft any invading foreign enemy ; but as commander in chief, 
 we cannot derive any aid from him, againft domeftic tyranny, and 
 violations of our conititucions. No man doubts, if we are ever 
 male f abject to fuch a tyranny, but that it will be produced by 
 violations of oar conftitution, by thofe who are inveited with the 
 powers of government : but the armies of the United States are 
 raifed by their order; thofe armies, are probably now to be ftanding 
 armies, unconnected with the people, and having a feparate and 
 
 diftinct 
 
*3 ) 
 
 difiinft intereA from them : all their officers are to be apoointcd by 
 one man, and to be entirely dependent on him for their continuance 
 in commiiTion : even the commander in chief could be difmiiT d by 
 the prefident at any moment he thought proper, by a " Sir, 
 'J have no further occafion for your ferviccs." Where then is 
 the fecurity which can be derived, cr ought to be calcula ed on, 
 from his being in cilice, when the time of his continuing in office 
 depends upon the arbitrary will and pleafure of another ; and \vhen 
 at the very moment that h s being in office, might be really impor- 
 tant, he would be liable to be difcharged from it? When you en- 
 truft the exerc'fe of power to a virtuous man, you ate late ; but if 
 the man to whom the power itfelf is cntru (led, is vu?iius, no fecurity 
 can be derived from a temporary appointment, or one during his 
 pleafure, made by him, of an angel to exereife a part of that power, 
 under his orders ; becaufe the angel muft obey, and becnufe he \*i\l 
 be exchanged for a different character, whenever meafu r es are 
 brought into fuch a ftate, as to require a different character to exe- 
 cute them. But it may be faid, that if our prefent commander in 
 chief ibould ever be convinced, that the meatures which were to be 
 executed by him, had an evil and deltruftive ten lency, tha* he 
 would refign his cOmmiffion, and found the alarm of danger to the 
 people of the United States. Admit that this would be the cafe, 
 and yet this very argument proves the julinefs of the idea, Mat 
 there is no fecmity to liberty from his bting in the prefect office ; 
 becaufe, if the only proper and hcneft ftep he could take, upon his 
 beincr convinced that dangerous defigns vver. formed a gain ft the 
 liberties of his country, would be to refign his office ; what fecurity 
 can be derived from his now being in office, when, even if he is not 
 difmifTed from it, he mult confcientio'ifly. retire from it, as foon as 
 the hour of danger to our liberties, ftiall in his-cpinion arrive. For 
 although his resignation, and his declara'ion of the reafons which 
 caufed it, might have a great effeft on the minds of ths people, they 
 would probably be made too late to produce a change in public rnea- 
 iures ; becaufe the fchemes again it the liberty of our country, would 
 then 1 e ripe for execution ; and the means which thofe who 
 planned thofe fchemes, would have been long accumulating for 
 their execution, would be an overmatch for any oppofition which 
 could then be made to them. We deceive ourfelves greatly, if 
 we fuppofe, that the virtues or popularity of any general, would 
 upon his reiigning his com million, or his being difmiffed from the 
 fervice, produce any convuHion or dangerous commotion, in a 
 (landing army. In fuch an army, both officers and foidiers know, 
 that their pay and fupport do not come from him, but from the 
 hand which appointed him. If then the keeping of their commif- 
 flons and that pay, were their great and leading objects, in cafe of 
 a quarrel between the prefident and -their general, they would never 
 take part with the latter, when they knew that the finl could dif- 
 rnifs them at a word altogether from the fervice, and when all that 
 the other could do, would be to recommend them as proper per- 
 fbns to fill dccafional vacancies, Bdides, although this limited 
 
 kind 
 
kind of patronage, muft necetfarily give the general who 
 it, the means of making himfelf many friends, the cxercife of it, 
 will alfo make him a much greater number of enemies ; as the num- 
 ber of thofe who will expert promotion, will always gnatiy exceed 
 that of thof.% who will actually meet with it. In conlequet.ee of 
 this, the difsppcintcd will always ccnilitute a great majority of the 
 officers in the army ; and k is to be prefumed, that a change which 
 would give them a char.ce of being more fuccefsful in their applica- 
 tions for promotion to a i:ev/ general, would be pleafing, rather 
 than othenvile, to them. The hiftory of th-e French revolution af- 
 fords abundant examples to juflify thefe ideas. We there fee, the 
 rnoft popular generals retiring, difmilFed and beheaded, without 
 its having had the fmalleft effecl in the army. Under fuch a go- 
 vernment, and fuch a fit nation as ours, a popular military character 
 may be of infinite fervice to an ambitious man, in raifing an army, 
 and in keeping every thing in order, until he fuppofes his power 
 fufficient to execute his purpo'e, and until his fchemes are ripe for 
 execution ; and then, if this popular character is, from his being a 
 .virtuous man, an improper inilr eminent for the -execution of thofe 
 ichemes, he will be laid aflde as ufelefs, or fccnrked, as may be 
 .thought mo ft proper under the exi fling- circumftances. Many in- 
 fiances exiit of the lad kind, in the hiilory of all court ies ; and a 
 fliikingtme of the firft, in the hiilory of Enghnd, during the time 
 of the comincnvve?-!th. Fairfax wat the commander in chief of the 
 ??rmy ; he was a fuccefsfnl and a popular general, and a virtuous 
 .man. He was kept in office until the' plans of thofe who medicated 
 a change iu the government, were ripe for execution. They k .e%v 
 that he would never canfent to that charge, ar>d the .cosnmard of 
 the army was then put into other hands. This alteration uas i :ide, 
 without its caufing any fenfible alteration in t'ie temper of the r.i-my ; 
 other officers were readily found to do what he would not have <ione, 
 and the army was made theinilrurnent to deitroycven the fhadow of 
 liberty. What has happened, m^y happen again ; ard when we 
 are calculating on its probability, we iliould recollecl:, that the mo- 
 narchy-loving Hamilton is now fo fixed, as to be able, with one ftep, 
 to fill the place of our prefent commander in chief. 
 
 You fay, " ninety thoufand volunteers have offered their fervices, 
 and been enrolled, to march with the utmcft promptitude again!!: 
 foreign or dcrmedic fees. If you oppofe the laws, you will fooit 
 have old Morgan among ft you, at the head of fifteen or twenty 
 thoufand." J iviP sffert with confidence, becaufe I know that I 
 cannot be contradicted with tiuth, that there is not only no aclion, 
 of ours in the prefent bufmefs, which ought to be confidered as im- 
 proper, but that there is not even a tingle fentiment: wliich we have 
 uttered, whi'.h can be pointed out, as worthy of cer.fure. See our 
 refolves throughout the itate ; they breathe one uniform fpirit of 
 attachment to the unioi 1 , and to the conftitution of the United States, 
 find our fixed purpofe of defending, them aguiriir. any enemy : ic is 
 true, they go further, and exprefs in ilrong terms, the dete-mi eci 
 refdhrtioii of cur fouh^ that we will facriftce every thing we held 
 
 dear, 
 
( so 5 
 
 dear, bc.fcre our ineftimable liberties fha^ be torn from us, either 
 by " foreign or domeftic foes." Are thefe declarations the caufes 
 of iheoifence taken at our conduct ? Do ihey conflitute our deadly 
 fin ? And ; s it for having made them, that we are now threatened 
 \v:th being 1 dragooned by that army, which was " raifeci to keep 
 p -nee at home?" But let this threat have been caufed by what it 
 nn- . i* 'vill beineffcSttal. Confcious that we \vifh nothing that is 
 impr per 5 -hit both our declarations and aflions have beerTin ftrift 
 c-nsfot ..( with our double duty as freemen and citizens, vve ihall 
 T rpvee in the prorer difcharge of that duty, regard!efs of the con- 
 ^nc s : and f > fa- from being intimidated by fuch threats, they 
 i -o :>!' ourfo.mer apprehenfions of danger to our liberty, from 
 the late meat u res of our government ; for, if the new powers and force 
 par into their hands, had been placed there with a good defign, they 
 would not fo foon have dared to threaten to ufe them, for the molt 
 wicked of purpofes. So far from our confidering it as a reflection to 
 have i: faid of us that we a-e the only difcontented Rate in the union, 
 W: rrjo'ce, if lhat is really fo, that it will be recorded in the page 
 of hi. 'lory, that " the poor, weak and delpifed" (late of Kentucky, 
 was the only ftate in the union, which as a ftatr, declared its oppo- 
 fition to thofe unconflitutiona? ads of the general government* which 
 threatened with the impeiucfity of a torrent to fweep all our liberties 
 be/', re them. But I cannot believe, that the facl is, that this is the 
 onlv Oate in the union, which judges properly of thefe meafures, 
 and which will difcover a juit abhorrence-of them. If no other 
 ilate in the union thinks as we do, Virginia, the ancient, the great, 
 the powerful, the rich and the republican liate of Virginia, ilill re- 
 mains free and independent ; and if (he had not dared to vote 
 ao-ainll our prefident, from a difiike to his political fentiments ; if 
 (lie had not lliii retained her republican principles ; and if fhe had 
 rot thought and been determined to aft, as we have done ; fhe 
 would not have been grofsly infulted, by a threat made by a fer- 
 <vant of the people, that me fhouid be " humbled in the duft and 
 afhes." A threat the more intuiting, becaufe it was unprovoked ; 
 not being caufed by any thing which had then been done in that 
 Hate, but, proceeding from an anticipated fear, that fhe would do 
 fomeihirg, wnich tht fervant cling the threat was plrafed to fup- 
 pofe, would be improper. But difgraceful and humiliating as the 
 condition of Virginia was, when labouring under, without reienting, 
 this grofs infult ; it is now done away, /'/ is buried entirely in the re- 
 collection of, that never to be forgotten, that never to be equalled 
 c/fnce;,ihSLt trecjon againft the majeily of the people, which was com- 
 mi r ted by ifat fwvant of a ferwant, who when a conftitutiona] ad- 
 drefs was fent to him, as an officer, by the free inhabitants of a 
 large county, to be delivered to the prefident, returned it with a 
 pofitive refufal to comply with their requeft ; accompanied alfo, 
 with the moil fcandalcus abafe of them, and their fentiments. O Vir- 
 ginia, whither has that unconquerable fpirit fled, which was once 
 the admiration of the world; which ilimulated you- to be the fore- 
 moir, in railing the itaadard of oppoiitior. to a tyrsr.r, ahhough he 
 
 was 
 
( 3' ) 
 
 was the abfolute mailer of ihe force and refources of three king* 
 dcms ? Is that fpirit evaporated and gone, or is it funk fo lo,\ , as 
 to fufFer you to crouch at the threats of your own fervant, andywt>>, 
 with patience, totheinfolence i tbe fer-v ant of that /truant ? <f The 
 lion is not dead, he flunibers only ;" roufe, rouie, my countrymen, 
 once more put on, and ufe, the determined countenances and lan- 
 guage of freemen ; you need only declare that you will Se free, to 
 be fo in reality. This is a time of iiruggle, of fervants againil their 
 mailers ; if the mailers do not iupport their authority, they niuft, 
 tiiey will, change places with their fervants, and in their turn be- 
 come " hewers of wood and drawers of water." But all that is 
 necefFary to be done, is for the mailers to declare, that this mail never 
 be the cafe ; as foon as the fervants are really convinced, that this is 
 the determination of their matters, their *' indignant fro.vns" will 
 give place to the mod courtly {miles, which will than overfbread 
 their countenances, as they now do, thofe ofyoar " would be re- 
 prefentatives," Office and its powers and emoluments, are their 
 object ; they will get and obtain them, on their own terms if they 
 can; but if they cannot obtain, or hold them, on thofe terms, they 
 will take them on your's, fooner than not poflefs them. 
 
 If you had been better acquainted with the citizens of Kentucky, 
 you would have known, that there was no jaft caufe to apprehend 
 an improper opposition to the laws from them. The laws which we 
 complain of may be divided into two claffes thofe which we admit 
 to be conftitutional, but confider as impolitic ; and thofe which we 
 believe to be unconstitutional, and therefore do not trouble ourfelves 
 to enquire as to their policy; becaufe we coniider them as abfclute 
 nullities. The fir ft clafs of laws having received he fanction of a 
 majority of the renreientatives of the people of the United States, 
 we coniider as binding on us, however we differ in opinion, from 
 thofe who pa/Ted them, as to their policy : and although we will ex- 
 ercife our undoubted right of rernonftrating againit fuch laws, and 
 demanding their repeal, as far as our numbers will jaflify us in 
 making fuch a demand ; we will obey them with promptitude, and 
 to the extent of our abilities, fo long as they continue in force. As 
 to the fecond clafs, or the unconditional laws, although we confi- 
 der them as dead letters, and therefore that we a?ight legally ufe 
 force in oppoiidon to any attempts to execute them ; yet we con* 
 template no means of oppofition, even to thefe unconiHtutional ads, 
 but an appeal to the real laws of our country. As long as our excel- 
 lent conhitution (hall be considered as facred, by any department of our 
 government, the liberties of our country are iafe, and every attempt 
 to violate them may be defeated by means of law, without force, or 
 tumult of any kind : and the more uuconititutional an at of the legif- 
 lature in all be, the eafier it will be to defeat it in this way ; becauie 
 there will be the lefs doubt of its having violated the conftirution. 
 How iirongly then ought we to be attached to a conilitation, which 
 contains within it, what mull be a fuflicient fecurity, until all the de- 
 partments of our government (hall be corrupted, agaitt&aU attempts 
 10 violate it, or to infringe cur liberties; it is a truth, which fo.ouH 
 
{ 3* ) 
 
 be ibleair.ly and laftinaly impretfed or> tli3 mind of eveiy troe 
 American ; that he ought at ail times to be ready to defend ihis 
 conllitution a,t the h?.z a .rd of his Hie, Hamilton argues on this fub- 
 j;-ct rf the Security to liberty, arifing from the coniHtution, as he does 
 en :;11 others, \v' ere he has truth on his fide, as well as it is in the 
 power of man to do. 
 
 " The coinolet^ independence of the courts of iufticj. is peculiar!/ 
 eflt'ntial in a limited conir'ution 3y a limited conftkution, I un- 
 derftand one whic : i contains certain fpecifitd exceptions to the 
 1'gilHtive autUo.ity ; fuch, for inltaucc, as that it ihali pafs no 
 bills of attainder, KQ tx poft fato laws, and the like. Limitations 
 of this I^inc! can be preferred in practice no other way than through 
 the medium of the courts of jufHce ; whole duty it mail be to declare 
 all acts contrary to the maniftft tenor of the confutation void. 
 Without this, all the refcrvaiians of particular rights or privileges 
 would amount to nothing. 
 
 <e Some perpkxuv . \g the rightof the courts to pronounce 
 
 Ieg3i!a:ivc acls void contrary to the confutation, has arifcn 
 
 from an im?^ : . dodlrine would rrr.ply a fuperio.ry of 
 
 the judiciary to the legiflative power It is urged that vhe authority 
 which can declare the ads of another void, tnuit necefFariiy be iupe- 
 vo the one whole ads may be declared void. As this doctrine 
 is of great importance in all the American eonftitutions, a brief dif- 
 
 of the grounds on which it re Us cannot be unacceptable. 
 *'' There is no pofu-ion which depends on clearer principles, than 
 that every aft of a delegated authority, contrary to the tenor of the 
 cosimiiiiQ-'i u.nu: r which it is exercifed, is void. No legiflidve act, 
 therefore, cor.rrarv to the^conllitution, can be valid. To deny this, 
 would be to alii- .e deputy is greater than his principal ; that 
 
 -rvanc is abo>/~ his mailer ; that the reprcfentatives of the peo- 
 ple are fuperior to ;hc peoLvle themfelve-s ; that men acting by virtue 
 of powers, may do not only what their powers do not authorife, but 
 what they for: 
 
 "' If it be (aid that the legiflativ ' : ta^rufelves the confti- 
 
 tucional judges of their own powers, and t : mtruction they 
 
 tiiem is conclufive upon <r*e oti;er departments, i: maybe 
 
 thnt this cannot be : , where it is not 
 
 to be Ci.i a any pa i the conHitution. 
 
 It is not otherwife to be fupp kution cou'd intend 
 
 LO fi;bi!itute ti eir T/jtV/to 
 '.--. It is far more rational to i'uppofe, that 
 
 the courts \vc ftcd to be . bo.iy between the 
 
 people ari -icr things, to keep 
 
 ^vltiMn t- 1 . . -.'i^rit'-J to ;^rity. The inter- 
 
 e laws is tr-e proper and peculiar province of the 
 
 rs in fait, and mutt be, regarded by the 
 
 rsfore belongs to them ro af- 
 
 particular ad 
 
 Jy. If there (hou: robe 
 
 j r,vo, that \vhich has tne fa- 
 
 perior 
 
< 33 ) 
 
 pericr obligation and validity, ought of courfe to be preferred; or 9 
 ia other words, the conftitutlon ought to be preferred to the fta- 
 tate, the intention of the people to the intention of their agents. 
 
 s f Nor does this conclufion by any means fuppofe a faperiority of 
 the judicial to the legiflative power. It only fuppoies that the 
 power of the people is fuperior to both ; and that wh?re the will of 
 the legiflature declared in its ftatutes, flands in oppoiition to that of 
 the people declared in the conflitution, the judges ought to be go- 
 verned by the latter, rather than the former. They ought to regu- 
 late their decifions by the fundamental laws, rather than by thofe 
 which are not fundamental. 
 
 * e This exercife of judicial difcretion in determining between 
 two contradictory laws, is exemplified in a familiar inftance. It 
 not uncommonly happens, that there are two ftatutes exifting at 
 one time, clafhing in whole or in part with each other, and neither 
 of them containing any repealing claufe or expreflion. In fuch a 
 cafe, it is the province of the courts to liquidate and fix their mean- 
 ing and operation ; fo far as they can by any fair conftru&ion be 
 reconciled to each other ; reafon and law confpire to didlate that 
 this ihould be done : Where this is impradYicaMe, it becomes a 
 matter of neceffity to give eftecl: to one, in excluiion of the other. 
 The rule which has obtained in the courts for determining their 
 relative validity is that the laft in order of time, {hall be preferred 
 to the firft. But this is a mere rule of conftru&ion, not derived 
 from any positive law, but from the nature and reafon of the thing, 
 It is a rule not enjoined upon the courts by legiflative proviiion, 
 but adopted by themfelves, as confonant to truth and propriety, for 
 the direction of their conduct as interpreters cf the law. They 
 thought it reafonable, that between the interfering afts of an equal 
 authority, that which was the lail indication of its will, fhould have 
 the preference. 
 
 <s But in regard to the interfering adls of a fuperior and fubordi- 
 nate authority, of an original and derivative power, the nature and 
 reafon of the thing indicate the converfe of that rule as proper to be 
 followed. They teach us that the prior acl of a fupmor ought to be 
 preferred to the fubfequent aft of an inferior arid fubordmate au- 
 thority ; and that, accordingly, whenever a particular ftatute con- 
 travenes the conilitution, it will be the duty of the judicial tribunals 
 to adhere to the latter, and difregard the former. 
 
 <f It can be of no weight to fay, that the courts on the pretence 
 of a repugnancy, may fubftitute their own pleafure to the unconfti- 
 tational intentions of the legiflature. This might as well happen in 
 the cafe of two contradi&ory ftatutes ; cr it might as well happen 
 in every adjudication upon a fingle ftatute. The courts muft declare 
 the fen ie of the law; and- if they ihould be diipofed to exercife 
 WILL inftead of JUDGMENT, the confequence would equally be 
 the fubflitution of their pieafare to that of the legiflative body . The 
 obfcrvation, if it proved any thing, would prove that there ought to 
 be no judges ciftinct from that body." 
 
 As long therefore as the federal courts retain their honefty and 
 
 E independence, 
 
( 34 ) 
 
 Independence, our conilituiion and our liberties are fafe ; and a 
 corrupt fatlion which fliould enaft, and be defirous of enforcing, 
 unconftitutional acts would be placed in this dilemma ; if they at- 
 tempted to enforce them, the courts would declare them^to Le void: 
 if they did not make the attempt, it would amount to an acknow- 
 ledgment on their parts, that they were unconltitutional ; which 
 would certainly and defervedly bring both the prefident and con- 
 grefs " into contempt and difrepute with, and excite againtl them 
 the hatred of, the good people of the United States." 1 mall leave 
 you to judge, whether the president's having altogether neglected 
 that part of his duty, which requires him " to take care, that the 
 alien and fedition bills, mould be faithfully executed," amounts to 
 fuch an acknowledgment. But although uncorrupt judges always 
 have a conftitutional power, to prevent the operation of unconfti- 
 tutional a6ls ; it is noi equally in their power to enforce fuch acls : 
 for when their decifions fhall be evidently contrary to common fenfe 
 and juilice, as well as to the conftitution, the minds of the people 
 will revolt agninit them ; and then, initead of their promoting a 
 general acquiefence in, and obedience to unconftitutional afts, they 
 will certainly caufe a general oppofidon to them, and that of the 
 moil dreadful kind ; becaufe all men * ill then fee, that there is no 
 alternative left them, but refinance or flavery. A judicious writer 
 exprefles himfelf thus en this fubjeft " That the conduct of the 
 judges, even in their collective capacity, may fometimes be as cen- 
 furable and corrupt as that of any other clafs of men, the deciiion of* 
 the judges in the cafe of Ihip-money, affords, indeed, a very memo- 
 rable inilance. Lord Clarendon himfelf, though both a lawyer and 
 a royaliil, exprelTes great indignation at the. iniquitous conducl: of 
 the judges at that period, and fpeaks of their decifion, as having 
 been produ&ive of the moll pernicious confequences, He remarks, 
 that the payment of fhip money was more firmly oppofed, after the 
 judges had declared it to be legal, than it had been before. That 
 preffure, fays he, was borne with much more chearfulnefs, before 
 the judgment for the king, than ever it was after ; men before, 
 pleafing themfelves with doing fomeching for the king's fervice* 
 as a teftimony of their affection, which they were not bound to do ; 
 many really believing the neceffity, and therefore thinking the 
 burden reasonable ; others obfervin^:, that the advantage to the king 
 was of importance, when the damage to them was not considerable ; 
 and all affuring themfelves, that when they fhould be weary, or 
 unwilling to continue the payment, they might refort to the law 
 for relief, and find it. But when they heard this demanded in a court 
 cf law, as a right, and found it, by fworn judges of the law, adjudged 
 fo, upon fa ch grounds and reafons as t<very Jiander-by, was able to fa: ear 
 was net Irsw, and fo had loll the pleaiure and delight of being kind 
 and dutiful to the king ; andinftead of giving were required to pay, 
 and by a logic that Left no man any thing which he might cad his o~vn : 
 they no mere looked upon it as the cafe of one man, but the cafe of the 
 kingdom, net as imfojition laid upon them by the king, but by the judges ; 
 which tl-ej thought themfelves bound in csnfcience to the public jvjlice not 
 
( 35 ) 
 
 lofobmit to. And here the damage and mifchief cannot be exprefTed 
 that the crown and (late fuftained, by the deferved reproach and 
 infamy that attended the judges, by being macle ufe of in this and 
 like afts of power; there being no poflibility to preferve the dignity, 
 reverence, and ellimation of the laws themfelves, but by the inte- 
 grity and innocency of the judges." Even the courtier Blackftone 
 declares, that t( to vindicate their rights, when actually violated or 
 attacked, the fubjecls of England are entitled in the flrft place, to the 
 regular adminifiration and free courfe of juftice in the courts of law ; 
 next, to the right of petitioning the king and parliament for redrefs 
 of grievances ; and iaftly, to the right of having and ufing arms, for 
 felf-prefervation and defence. And the fame author alfo declares, 
 - that the right ofre/t/tanceis a natural right, when " thefan&ions of 
 fodety and laws are found infujficient to reft rain the violence of oppref- 
 fion." This right of refinance is alfo recognized and eftablifhed in 
 the fulleft manner, by the federal constitution, as well as thofe of 
 the different flates ; but it is a right which it can never be necefTary 
 to have recourfe to, until ail the departments of the government (hall 
 become corrupt ; and ought not then to be appealed to except in 
 cafes of extreme danger and neceflity. Let all good men unite their 
 efforts to prevent the United States from being brought to thac 
 dreadful crilis. 
 
 You fay, '* 28,000 perfons have offered for commiflions in the 
 regular fervice.*' From the baft calculation I can make, it would 
 not take more than 500 officers for the corps of regulars ; fo that 
 there were 56 applicants for each commiflion which was to be dif- 
 pofed of; and 27,500 of thofe who did apply, mult have been dif- 
 appointed. You do not fay what became of thofe, who were not 
 happy enough to receive commiflions. Did their zeal and enthufi- 
 afm, when they found they could not ferve their country in the Na- 
 tion they would have preferred, caufe them to enlift as privates, 
 which no intereft was iiecefTary to procure them permiilion to do ? 
 I fear not ; the American patriotifm of the prefent day, is not of the 
 kind which makes the greater par.t of thofe who are under its influ- 
 e 
 d 
 
 : point 
 
 ing them. It is aflonifhing to hear of the immenfe number with you, 
 who expeft. to be provided for by the government ; the labour of 
 thofe who do wrje, would not be fu (Sclent to fupport thofe who *wijh 
 to live without it. Brought up in idlenefs, they know not what to 
 betake themfelves to ; labour, they will not, and to beg, they are 
 afhamed : their whole' dependence is therefore placed, in receiving 
 proviiion from the government. To give them fome claim to it, 
 each of them exceeds his fellow, in his zeal for, and clamour in fup- 
 port of all their 3&S, including thofe which are yet to-be done : 
 they are anxioufly vvifhing to fell their birth-rights for a mefs of 
 pottage. The more thofe me.afures have a tendency to increafe the 
 public burdens, and to impoverifh the body of the people, the bet- 
 ter they are pleaied with them : becaufe they render the more officers 
 
 E 2 necefiary. 
 
( 3* ) 
 
 neceffary. They enlift alfo under the banners of die government 
 party, all their friends and connexions. Multiply the whole num- 
 ber of officers employed in every department of the government,, by 
 fifty -fix, and then add to the total a*rount, thofe who are interested 
 in the public fecurities and banks ; thofe whofe mercantile interest 
 caufe them to fupport the prefent meafures ; thofe who expert to 
 handle public money and to get jobs under the government ; thofe, 
 who wifh to fee the republican principles contained in our govern- 
 ment, changed ; and thofe, who are always ready to enlilt them- 
 fei ves under the men in oilice : and you will readily account for the con- 
 dud of a great part of the prefent fupporters of the late meafures of 
 the general government. I only fay " a great pa-t," for I am 
 convinced, that many of our belt citizens fupport thofe meafures, 
 becaufe they think that there is a neceffity for doing fo : akhough 
 I cannot but be of opinion, that they have formed that judgment, 
 on miftaken grounds. 
 
 You fay, <( you know I love Nicholas. I really am moll fe- 
 rioufly concerned for him : afore him from a friend that loves him 
 molt fincereiy, he is in danger. At any event, let him not oppofe 
 the execution of the laws. A watchful eye is kept upon him, and 
 there are not wanting thofe in your country, who will readily take 
 advantage of his indifcretions. Once more, give my warmeit ref- 
 pefts and affe5lion to Nicholas. Entreat him to be cautious. Go- 
 vernment will exercife all its energy. If he goes beyond certain 
 lengths, he is lofh How could he ufe arguments to a mofi tumul- 
 tuous mob, " that they could not pay their taxes : and that be- 
 caufe our (hips were bee-hives, French hornets muft be permitted 
 to eat them up ;*' and not hear him anfwered ? O fie ! It was rude, 
 uncivil, but a true emblem of Kentucky manners !" 
 
 If we were now (laves, it might be improper far any one to tell 
 his brother fiavcs, that they could not bear the burdens which their 
 matters had impofed upon them. But as we are not yet fixed in 
 that condition, it certainly mull be right in a freeman, who believes 
 that the impofing thefe burdens, and the other meafures which ac- 
 company them, will bring his country into a ftate of fervitude; to 
 warn his fellow- citizens againft giving their confent to fuch mea- 
 fures. Is it not better to enquire int6 our ability to fupport a war 
 before we enter into it, than to difcover that we are not able to 
 carry it on, after we are engaged in it ? And if the expences of 
 the jlrfi year Q{ the war, even according to the eftimate made Ly 
 thofe who want to force us into it, fo greatly exceed our refources, 
 that it would be impoiiible for us to pay the amount, if we were 
 ever fo willing to do it ; is it mo"e prudent and honourable to de- 
 clare it now, or to wait until the war has been fully entered into by 
 the other ilates, upon a fuppofition, that we can pay our proportion 
 of the expences which will attend its profecuiion ,?* In a war like 
 the prefent, which we have now made an ofFcnfive one, every thing 
 of this kind ought to be taken into consideration ; although it would 
 : -c improper to do fo, if our country was really attacked by any fo- 
 reign power ; becaufe we ought then, to hazard every thing, ranier 
 
 than 
 
( 37 
 
 than become fubjecls to any foreign nation. I never did think 
 (much lefs fay), that " becaufe our vefTels were bee-hives, that 
 French hornets ought to be fuffered to eat them up :" but I did fay, 
 and I (Hll think, that in the prefent fituation of America, the engag- 
 ing in a maritime war, mull be impolitic ; more efpecially again(l 
 a nation having no commerce ; becaufe fuch a war, even if fuccefs- 
 ful, could afford us no captures, which would indemnify us for any 
 part of the expence of it ; for, as they have no merchant -men at 
 fea, even our prizes would prove to be " hornets' nefls, and not 
 bee-hives." " If the lafting prefervation of the honour, liberty 
 nnd independence of America, is our real objeft, we fliould carefully 
 avoid war, during the infant Hate of our country. Such premature 
 efforts, bring on a fiate of imbecility in the political as well as the 
 human body ; and prevent either from attaining that degree of 
 ilrength which they would otherwife certainly arrive at. Twenty- 
 years more of peace, would leave America fully competent to defend 
 all her juft rights againlt. any nation five years war at this time, 
 would, probably, put it out of her power to do it with effect, for one 
 hundred years to come," 
 
 Get better information, my friend, of the kind of men who com- 
 pofed that meeting which you call " a molt tumultuous mob;" 
 when you do, I am certain that you will find, t atjo never faw a 
 meeting, the members of which poflefTed as mucn underitanding, 
 wealth, and public virtue, as thofe men did, who attended that 
 meeting. You will alfo find, that you were mifinformed when you 
 was tofd, that " they refufed to hear me anfwered." The fact is, 
 I was anfwered twice, by a gentleman of very confiderable abilities, 
 It is alfo true, that the meeting refufed to hear another perfon, 
 who attempted to fpeak to them on that fide of the queition ; bur 
 that proceeded from perfcnal objections to the man. How does it 
 happen, when the conftitution declares that " the people have a 
 right to afiemble peaceably to petition for a redrefs of grievances ;" 
 when congrefs by publishing the communications from our envoys, 
 appealed to the people as to their fubjecl matter : when addrefTes have 
 not only been received, bat encouraged, from every part of Ame* 
 rica ; and when the prefident has declared, that tf there is a pecu- 
 liar propriety in the people's exprerTmg their fentiments on the pre- 
 fent cccafion ;" that our meeting held for that purpofe, mould be 
 denominated a mob ? Does the propriety or illegality of fuch a meet- 
 ing depend on their fentiments, fo as to make it a regular, legal af- 
 fembly when it applauds but a mob, when it cenfures the meafures 
 of the government ? If this is the law, it puts the privilege of hold- 
 ing " peaceable aflemblies/' on the fame juit and republican foot- 
 ing, that our rulers now want to place " the freedom of the prefs :" 
 that they may both be exercifed to approve, but never to condemn 
 public meafurqs. 
 
 If our manners are not as polifhed as thofe of the more civilized 
 people in your part of America, you fliould excufe it and attribute 
 it in part, to our want of opportunities of attending levees, vifiting 
 place -mm, and affociatin^ with f up pie courtiers and ofEce- hunters, 
 
 E 3 When 
 
( 38 ) 
 
 When men aflbciate with none but their equals, they will not ac- 
 quire that refinement of manners, which is generally met with about 
 courts ; but they will retain, what is a thoufand times naore valuable 
 a greater proportion of republican veracity and independence. 
 But if, from our fituation, we can give you no aid in the article of 
 manners, that fame fituation will enable us to do you a more efTen- 
 tial fervice. We will preferve and keep alive for you and ourfelves, 
 that facred fire of liberty, which once blazed fo brilliantly through- 
 out America; but which appears to be now entirely extinguished in 
 the Eaftern ftates ; which the greateft efforts are making to deilroy 
 in the middle ftates ; and which will require all the exertions of its 
 friends and votaries to preferve it alive in the Southern ftates. 
 
 Your expreffions of efleem and friend (hip for me, give me great 
 pleafure, and the more fo, becaufe neither dHlance nor length of 
 time, has been able to diminifh, in the fmallefl degree, the fincere 
 refpect and affection which I have long entertained for you. It is 
 not one of the fmalleft complaints that I have to make againft our 
 rulers, that they have acted in fuch a manner, as to divide in fenti- 
 inents, men equally honeft, and all anxioufly vvifhing. for the liberty 
 ?.nd happincfs of their country. That political conduct cannot be 
 right, which caufes a confcientious differeDce of opinion between 
 friends, brothers, father and fon. But as that difference in fenti- 
 ment.does really exift, no man can honourably or virtuoufly facrifice 
 his opinion to that of his neareft connexion ; all that remains is, that 
 we fhould each of us fuppofe, that it is more than poflible, that he 
 errs in his. opinions ; and not fuffer any difference in fentiment lo. 
 change his efleem or affection for another, who has an equal right 
 to .think for himfelf, and who has honeflJy exercifed his judgment 
 in farming his opinion. 
 
 Although I confider your fears for me as proceeding from your 
 friendfhip, and therefore thank you for fuggefling them, I view them 
 as unneceflary ; 1 have r.one fuch for myfelf. As long as my coun- 
 try continues free, I care not who watches me; I wilh all my 
 thoughts, words, and deeds, fo far as they concern the public, to 
 be known. Pie who has no political objects, but the happinefs and 
 liberty of his country, need not fear having them expofed to the eyes 
 cf the world. And if the time has come, when that liberty is to be 
 terminated, I have lived long enough. Indeed, I have lived too long; 
 for if that is to be the cafe, it would have been better that I fhouid 
 have died, before I became the father of eleven children ; and before 
 I had inftilledinto them republican principles, which mull add greatly 
 to their wretchednefs, if they are now to be (laves. I can fuffer 
 nothing by my conduct in the firft event ; and although my bufferings 
 be greater for a time, in the fecond, they will alfo be of fhorter 
 duration : and if thofe fufferings fhoulcl be one means of opening the 
 eyes of my countrymen, fo as to caufe a jleitruction of the tyranny 
 which inflicted them, it would be a fufficient confolation to me, even 
 in the moment of execution and death 
 
 The refult cf my thoughts on this fubjed is, I have lived too long 
 as a freeman, ever to act well the part of a flave ; my conduct has 
 
 been 
 
( 39 ) 
 
 been fuch, as to give me no juft caufe to fear any thing from law 
 and juftice ; and I know not how to fhape that conduct, fo as to ef- 
 cape puni(hment from lawlefs power : 1 will therefore continue to 
 purfue that line of conduct which my confcience tells me is right; 
 and then, happen whatever may, I (hall carry with me felf-appro- 
 bation, and the applaufe of the wife and the virtuous. As I have 
 no improper views, there is no danger of my <f going beyond cer- 
 tain lengths ;" indeed ftom my knowledge of myfelf, and from the 
 obltacles which I find in my way, I am more afraid that, my con- 
 flancy failing me, I mail ftop mort of what my dnty as a father and 
 a citizen ought to flimulate me to ; than that I fhould go beyond 
 that line of conduct, which they would make it proper for me to 
 purfue. 
 
 When I began this letter, I intended it for your iigKt only ; buC 
 after I had reflected, that the reafoning contained in your's, was 
 that of the ariftocratical party, drefTcd up in your energetic lan- 
 guage ; and that the mifreprefentions which had reached yon, of 
 our views, language and conduct, had alfo been made to thoufands 
 befides you : I determined to publifh my anfwer to that reafoning, 
 and my corrections of thofe unjuft rtatements. If by doing fo, I 
 can be in any manner inftrumentai in removing the improper im- 
 preflions caufed by either of them, it will make me happy ; if no- 
 thing that I have faid can produce that effect, I mall ftill retain the; 
 pleating confolation, which arifes from the reflection, that I have 
 done my duty. 
 
 Let the event be what it may, be aflfured, that I ftia'l always con- 
 tinue to be, 
 
 Your affe&ionate friend, 
 
 GEORGE NICHOLAS, 
 
 Lexington) November 10, 1798. 
 
UNIVERSITY OF CALIFORNIA LIBR 
 
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 THE UNIVERSITY OF CALIFORNIA LIBRARY