It is amazing with what effrontery Judge Iredell labored to explain away the above clause. "It is believed," says he, "that it was never suggested in any other country, that aliens had a right to

The section in the land-office bill which provided for the admission of military warrants in a certain proportion, in payments, was, upon my suggesting that it would be more favorable and acceptable to the army, to have a tract equal to the Wabash tract, appropria ted for military rights near the Sciota, struck out. There did not appear to be a single member opposed to give such a tract in lieu of the other plan, and the bill for locating military warrants will be so amended. The disadvantages of the original plan were, that warrants could only be introduced in proportion as the land sold, for two dollars and upwards, and it could not be expected that in this way, more than one thousand warrants would be absorbed in any one year; as 600,000 acres was the largest quantity calculated to be sold annually at those prices, and the sixth part thereof would require 1000 warrants or 100,000 acres. On the other plan the whole number which any man possesses may be loeated and realized in twelve months, and that on lands good and well situated. The prospect of their rising in value is, in mý opinion, fairer than it ever was, and I have, since the sale made by you, purchased nearly 100 for cash, 200 on a year's credit with legal interest, and expect to get 2 or 300 more. What is their price with you, on a year's credit, with or without legal interest? Can any and what number be had upon a sudden demand and occasion? The contents of this letter are of such a nature as render it improper to be seen by any except yourself...burn it, therefore, when you have perused it, and believe me

DEAR SIR,

Sincerely yours. (No. XV.)

Philadelphia, April 19, 1796.

I have received your's of yesterday. The alarm which you mention to prevail in the city of New-York, will be productive of

Ee

go into a foreign country, and stay at their will and pleasure, without any leave from the government." Supposing this to be the case, the laws of other nations could not supersede and do away an express

good rather than evil, although I am far from believing that the present state of things warrants it. The shock which private credit is receiving, and the fall of produce, as well as the stagnation of commerce, even though it be temporary, are serious evils. Cannot the friends of Livingston, Havens, Hathorn, Van Courtlandt and Bayley, be induced to remonstrate seriously with them, against their opposition to making the proper provision for carrying the treaty into effect. Request Mr. Childs to make the attempt, he or his friends must know who have the greatest influence with those gentlemen, and they will, I am sure, respect much more the advice of their friends and supporters, immediately addressed to them personally, than that of a petition directed to the House of Representatives. But I do not mean to discourage the latter mode of declaring your sentiments; but I recommend the sending persons even into the districts of the members I have mentioned, in order to engage influential men to be active. There will be time to do this, for the discussions will probably be very lengthy.... ....or if they are not, the first vote will not be so conclusive but that we may change, whenever a few will come over from the first majority. That majority is diminishing....three from Maryland and the one from Jersey who voted for Livingston's resolution will now vote for carrying the treaty into effect; two NewYork members, and two or three are wavering, but are inclined to the Virginia side, if the stir that is making does not shake their Tell Mr. Childs they must be active, and appoint respectable committees to correspond in all directions, excepting south of the Potomack. Keep up, for a time, the spirit that is now fermenting, and all will yet be well. My opinion is, that your arrangements and establishment in New-York should go forward, for I cannot persuade myself that a majority will persist in their opposition, or that if they do, the consequences will be so important

nerves.

article in our Constitution, which allowed the importation of aliens for a specified time. America, however, is not the only country which held out this protection for foreigners....in Great Britain, as are apprehended. This is intended for you. and Mr. Childs only, as I would not say any thing which would tend to relax the laudable exertions which are about to be made. The purchase you hint at, may, I believe, be made advantageously, if you can hit upon the price when it is at its lowest. Should you be very much pressed for money, I can accommodate you here for a num ber of days, and until you are more in cash, with the 750 dollars. Yours with esteem, JONA. DAYTON.

1

DEAR SIR,

(No. XVI.)

Philadelphia, May 13th, 1795.

Your's of yesterday is received. The 3000 dollars which I ask ed to be remitted from Mr. Denning before the adjournments, willnot probably be wanted before the 24th or 25th, as our session will necessarily be prolonged a few days beyond the time contemplated. I will join with you in the purchase of the 462 w. and am willing that Mr. Lawrence should be concerned also, if he wishes it. Enquire when you go to the city next week, whether any other considerable quantity may be had, and on what terms, and give me immediate information, and at the same time, where you will be on each day next week, whether in E. Town or N. York. I have sometimes thought it might be advisable to form a company to purchase all the floating w. and afterwards locate them; but some inconvenience would attend such a partnership which rather deters me from it. Who are these in the city that are purchasing wwith an intention to hold and locate them? I will write by tomorrow's mail and send you the last report of the land-office committee. JONA. DAYTON. P. S. Deliver the enclosed Register to Mr. Lawrence, who will probably be at home on Sunday.

F. CHILDS, Esq.

Yours,

[Mr. Dayton has since withdraw his suit after paying the

before the Alien bill passed, they enjoyed the same privilege of residence as citizens.

Respecting the Sedition act, it is entirely incom patible with the following amendment to the Constitution: " Congress shall make no law respecting an establishment of religion, or prohibiting the full exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress cf grievances."

Judge Iredell's sole defence of this bill rests upon the supposition, that it was not intended to affect the liberty of the press, and he is forced to acknowledge, that the above clause in the Sedition act, renders void any law which would have that tendency. But it is no difficult matter to prove, notwithstanding the ingenious subtlety of the judge's argument, that the Sedition law, struck directly at the vitals of that inestimable right....It imposed a fine of two thousand dollars, upon every person who should write or publish, or cause to be written or published, a libel against the government of the United States, or either House of Congress, or against the President; and by the trials which took place, it may be seen, that any publication which did not approve of the measures of government, and the conduct of the Executive, was construed into a

costs; which is an evident proof of the justice of the answers of Mr. Marston and Mr. Childs, and the injustice of his own complaint.]

libel. The prosecutions of Lyon and Callender, of Cooper and Holt, are the best commentary upon the Sedition law. The names of these gentlemen will be quoted in support of the liberty of the press, and of the tyranny of Mr. Adams, when the labored arguments of Paterson and Peters, of Iredell,* Addison and Chase, are no longer remembered. †

Dr. James Smith and Mr. Burk, of New-York, the former a citizen and the latter an alien, were among the first who were arrested upon the Sedition act. They were the editors of a newspaper called the Time-Piece, and had inserted a paragraph which did not meet with the approbation. of the President. An antipathy of a long standing had existed between Mr. Adams and the Doctor. Smith is a native of America; he went to Britain before the declaration of our independence, and afterwards passed over to France. There he got acquainted with Mr. Adams when at Paris, in the year 1777. But these two politicians did not long agree....the open republicanism of the Doctor could not accord with the sly and jesuitical policy of the American negociator; they were also rivals in other pursuits. The city of Paris is the grand theatre for amusing sport and amorous intrigue. Both Mr. Adams and Doctor

* Judge Iredell died a few months after the trial of Fries. The Effay of Hortensius, and Mr. Wortman's Treatise on Political Enquiry, may be consulted with considerable profit on this subject.