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which should be President or Vice-Presi- | from internal and external sources, and to increase expenditures, as the growth of the country demanded. Though it passed out of power in a cloud of intrigue and in a vain grasp at the "flesh-pots," it yet had a glorious history, and one which none untinctured with the better prejudices of that day, can avoid admiring.

The defeat of Adams was not unexpect

dent, and the election had to go to the House. The Federalists threw 65 votes to Adams and 64 to Pinckney. The Republicans could have done the same, but Burr's intrigue and ambition prevented this, and the result was a protracted contest in the House, and one which put the country in great peril, but which plainly pointed out some of the imperfections of the elec-ed by him, yet it was greatly regretted by toral features of the Constitution. The his friends, for he was justly regarded as Federalists proposed to confess the inabil- second to no other civilian in the estabity of the House to agree through the vote lishment of the liberties of the colonies. by States, but to this proposition the Re- He was eloquent to a rare degree, possessed publicans threatened armed resistance. natural eloquence, and made the most The Federalists next attempted a combina- famous speech in advocacy of the Declaration with the friends of Aaron Burr, but tion. Though the proceedings of the this specimen of bargaining to deprive a Revolutionary Congress were secret, and nominee of the place to which it was the what was said never printed, yet Webster plain intention of his party to elect him, gives his version of the noted speech of really contributed to Jefferson's popularity, Adams, and we reproduce it in Book III. if not in that Congress, certainly before the of this volume as one of the great speeches people. He was elected on the 36th ballot. of noted American orators. The bitterness of this strife, and the dangers which similar ones threatened, led to an abandonment of the system of each Elector voting for two, the highest to be President, the next highest Vice-President, and an amendment was offered to the Constitution, and fully ratified by September 25, 1804, requiring the electors to ballot separately for President and Vice-President.

Jefferson was the first candidate_nominated by a Congressional caucus. It convened in 1800 at Philadelphia, and nominated Jefferson for President and Burr for Vice-President. Adams and Pinckney were not nominated, but ran and were accepted as natural leaders of their party, just as Washington and Adams were before them.

Downfall of the Federal Party.

Mr. Jefferson was inaugurated the third President, in the new capitol at Washington, on the 4th of March, 1801, and VicePresident Burr took his seat in the Senate the same day Though Burr distinctly disavowed any participancy in the House contest, he was distrusted by Jefferson's warm friends, and jealousies rapidly cropped out. Jefferson endeavored through his inaugural to smooth factious and party asperities,and so well were his words chosen that the Federalists indulged, the hope that they would not be removed from office because of their political views.

Early in June, however, the first question of civil service was raised. Mr. Jefferson then removed Elizur Goodrich, a Federalist, from the Collectorship of New Haven, and appointed Samuel Bishop, a Republican, to the place. The citizens remonstrated, saying that Goodrich was prompt, reliable and able, and showed that This contest broke the power of the his successor was 78 years old, and too inFederal party It had before relied upon firm for the duties of the office. To these the rare sagacity and ability of its leaders, remonstrances Mr. Jefferson, under date of but the contest in the House developed July 12th, replied in language which did such attempts at intrigue as disgusted not then, as he did later on, plainly assert many and caused all to quarrel, Hamilton the right of every administration to have having early showed his dislike to Adams. its friends in office. We quote the folAs a party the Federal had been peculiarly lowing:

brave at times when high bravery was Declarations by myself, in favor of needed. It had framed the Federal Gov-political tolerance, exhortations to harernment and stood by the powers given it mony and affection in social intercourse, until they were too firmly planted for even and respect for the equal rights of the newer and triumphant partisans to recklessly trifle with. It stood for non-interference with foreign nations against the eloquence of adventurers, the mad impulses of mobs, the generosity of new-born freemen, the harangues of demagogues, and best of all against those who sought to fan these popular breezes to their own comfort. It provided for the payment of the debt, had the courage to raise revenues both

minority, have, on certain occasions, been quoted and misconstrued into assurances that the tenure of office was not to be disturbed. But could candor apply such a construction? When it is considered that, during the late administration, those who were not of a particular sect of politics were excluded from all office; when, by a steady pursuit of this measure, nearly the whole offices of the United States were

monopolized by that sect; when the public sentiment at length declared itself, and burst open the doors of honor and confidence to those whose opinions they approved; was it to be imagined that this monopoly of office was to be continued in the hands of the minority? Does it violate their equal rights to assert some rights in the majority also? Is it political intolerance to claim a proportionate share in the direction of the public affairs? If a due participation of office is a matter of right, how are vacancies to be obtained? Those by death are few, by resignation none. Can any other mode than that of removal be proposed? This is a painful office; but it is made my duty, and I meet it as such. I proceed in the operation with deliberation and inquiry, that it may injure the best men least, and effect the purposes of justice and public utility with the least private distress, that it may be thrown as much as possible on delinquency, on oppression, on intolerance, on ante-revolutionary adhe

rence to our enemies.

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tronage he had at his disposal, and he evidently regarded the cause of Adams in not rewarding his friends as a mistake. It was, therefore, Jefferson, and not Jackson, who was the author of the theory that to the victors belong the spoils." Jackson gave it a sharp and perfectly defined shape by the use of these words, but the spirit and principle were conceived by Jefferson, who throughout his life showed far greater originality in politics than any of the early patriots. It was his acute sense of just what was right for a growing political party to do, which led him to turn the thoughts of his followers into new and popular directions. Seeing that they were at grave disadvantage when opposing the attitude of the government in its policy with foreign nations; realizing that the work of the Federalists in strengthening the power of the new government, in providing revenues and ways and means for the payment of the debt, were good, he changed the character of the opposition by selecting only notoriously arbitrary "I lament sincerely that unessential dif- measures for assault-and changed it even ferences of opinion should ever have been more radically than this. He early saw deemed sufficient to interdict half the that simple opposition was not progress, society from the rights and the blessings and that it was both wise and popular to of self-government, to proscribe them as be progressive, and in all his later politiunworthy of every trust. It would have cal papers he sought to make his party the been to me a circumstance of great relief, party favoring personal freedom, the one had I found a moderate participation of of liberal ideas, the one whieh, instead of office in the hands of the majority. I shirking, should anticipate every change would gladly have left to time and accident calculated to enlarge the liberties and the to raise them to their just share. But their opportunities of citizens. These things total exclusion calls for prompter correc-were not inconsistent with his strong views tions. I shall correct the procedure; but in favor of local self-government; indeed, that done, return with joy to that state of in many particulars they seemed to supthings when the only questions concerning port that theory, and by the union of a candidate shall be: Is he honest? Is he the two ideas he shrewdly arrayed pocapable? Is he faithful to the constitution?" litical enthusiasm by the side of politiMr. Adams had made few removals, and cal interest. Political sagacity more pronone because of the political views held found than this it is difficult to imagine. by the incumbents, nearly all of whom It has not since been equalled in the hishad been appointed by Washington and tory of our land, nor do we believe in the continued through good behavior. At the history of any other. date of the appointment of most of them, After the New Haven episode, so jealous Jefferson's Republican party had no exist- was Jefferson of his good name, that while ence; so that the reasons given in the he confided all new appointments to the quotation do not comport with the facts. hands of his political friends, he made few Washington's rule was integrity and ca- removals, and these for apparent cause. pacity, for he could have no regard for The mere statement of his position had politics where political lines had been ob-proved an invitation to the Federalists in literated in his own selection. Doubtless office to join his earlier friends in the supthese office-holders were human, and adhered with warmth to the administration which they served, and this fact, and this alone, must have angered the Republicans and furnished them with arguments for a change.

Mr. Jefferson's position, however, made his later conduct natural. He was the acknowledged leader of his party, its founder indeed, and that party had carried him into power. He desired to keep it intact, to strengthen its lines with whatever pa

port of his administration. Many of them did it, so many that the clamorings of truer friends could not be hushed. With a view to create a new excuse, Jefferson declared that all appointments made by Adams after February 14th, when the House began its ballotings for President, were void, these appointments belonging of right to him, and from this act of Adams we date the political legacies which some of our Presidents have since handed down to their successors. One of the

magistrates whose commission had been opposition of Vermont, Maryland and Demade out under Adams, sought to compel laware was then immediately withdrawn, Jefferson to sign it by a writ of mandamus and Mr Jefferson was made President. before the Supreme Court, but a "profound Gen'l Smith, twelve days later, made an investigation of constitutional law" in- affidavit which substantially confirmed duced the court not to grant the motion. that of Bayard. Latimer, the collector of All commissions signed by Adams after the port of Philadelphia, and M'Lane, colthe date named were suppressed. lector of Wilmington, (Bayard's special friend) were retained in office. He had cited these two as examples of his opposition to any change, and Jefferson seemed to regard the pledges as not sacred beyond the parties actually named in Bayard's ne gotiations with Gen'l Smith.

Jefferson's apparent bitterness against the Federalists is mainly traceable to the contest in the House, and his belief that at one time they sought a coalition with Burr. This coalition he regarded as a violation of the understanding when he was nominated, and a supposed effort to appoint a provisional office he regarded as an usurpation in fact. In a letter to James Monroe, dated February 15th, speaking of this contest, he says:

"Four days of balloting have produced not a single change of a vote. Yet it is confidently believed that to-morrow there is to be a coalition. I know of no foundation for this belief. If they could have been permitted to pass a law for putting the government in the hands of an officer, they would certainly have prevented an election. But we thought it best to declare openly and firmly, one and all, that the day such an act passed, the Middle States would arm, and that no such usurpation, even for a single day, should be submitted to."

This misunderstanding or misconstruction of what in these days would be plainly called a bargain, led to considerable political criticism, and Jefferson felt it necessary to defend his cause. This he did in letters to friends which both then and since found their way into the public prints. One of these letters, written to Col. Monroe, March 7th, shows in every word and line the natural politician. In this he says:

some

"Some (removals) I know must be made. They must be as few as possible, done gradually, and bottomed on malversation or inherent disqualification. Where we shall draw the line between all and none, is not yet settled, and will not be till we get our administration together; and perhaps even then we shall proceed à talons, balancing our measures according to the impression we perceive them to make. This may give you a general view of our plan.

A little later on, March 28, he wrote to Elbridge Gerry:

"Officers who have been guilty of gross abuses of office, such as marshals packing juries, etc., I shall now remove, as my predecessor ought in justice to have done. The instances will be few, and governed by strict rule, not party passion. The right of opinion shall suffer no invasion from me.'

Jefferson evidently tired of this subject, and gradually modified his views, as shown in his letter to Levi Lincoln, July 11, wherein he says:

It is but fair to say that the Federalists denied all such intentions, and that James A. Bayard, of Delaware, April 3, 1806, made formal oath to this denial. In this he says that three States, representing Federalist votes, offered to withdraw their opposition if John Nicholas, of Virginia, and the personal friend of Jefferson, would secure pledges that the public credit should be supported, the navy maintained, and that subordinate public officers, employed only in the execution of details, established by law, should not be removed from office on the ground of their public character, nor without complaint against their conduct. The Federalists then went so far as to admit that officers of "high discretion and confidence," such as members of the cabinet and foreign ministers, should be "I am satisfied that the heaping of abuse known friends of the administration. This on me personally, has been with the deproposition goes to show that there is noth- sign and the hope of provoking me to make ing very new in what are called our a general sweep of all Federalists out of modern politics; that the elder Bayard, as office. But as I have carried no passion early as 1800, made a formal proposal to into the execution of this disagreeable bargain. Mr. Nicholas offered his assur-duty, I shall suffer none to be excited. The ance that these things would prove accep- clamor which has been raised will not pro table to and govern the conduct of Jeffer- voke me to remove one more, nor deter son's administration, but he declined to con- me from removing one less, than if not a sult with Jefferson on the points. General word had been said on the subject. In the Smith subsequently engaged to do it, and course of the summer, all which is necesJefferson replied that the points given sary will be done; and we may hope that, corresponded with his views and inten- this cause of offence being at an end, the tions, and that Mr. Bayard and his friends measures we shall pursue and propose for might confide in him accordingly. The the amelioration of the public affairs, will

be so confessedly salutary as to unite all men not monarchists in principle." In the same letter he warmly berates the monarchical federalists, saying, "they are incurables, to be taken care of in a madhouse if necessary, and on motives of charity,"

The seventh Congress assembled. Political parties were at first nearly equally divided in the Senate, but eventually there was a majority for the administration. Jefferson then discontinued the custom established by Washington of delivering in person his message to Congress. The

was for the better, as it

might deem expedient, for detachments of militia not exceeding eighty thousand, or to accept the services of volunteers for a term of twelve months. The disagreement arose over the south-western boundary line and the right of navigating the Mississippi. Our government learned in the spring of 1802, that Spain had by a secret treaty made in October, 1800, actually ceded Louisiana to France. Our government had in 1795 made a treaty with Spain which gave us the right of deposite at New Orleans for three years, but in October, 1802, the Spanish authorities gave notice by

afforded relief from the requirement of Excise that this right was withdrawn.

immediate answers on the subjects contained in the message. It has ever since been followed.

The seventh session of Congress, pursuant to the recommendation of President Jefferson, established a uniform system of naturalization, and so modified the law as to make the required residence of aliens five years, instead of fourteen, as in the act of 1798, and to permit a declaration of intention to become a citizen at the expiration of three years. By his recommendation also was established the first sinking fund for the redemption of the public debt. It required the setting apart annually for this purpose the sum of seven millions and three hundred thousand dollars. Other measures, more partisan in their character, were proposed, but Congress showed an aversion to undoing what had been wisely done. A favorite law of the Federalists establishing circuit courts alone was repealed, and this only after a sharp debate, and a close vote. The provisional army had been disbanded by a law of the previous Congress. A proposition to abolish the naval department was defeated, as was that to discontinue the mint establishment.

At this session the first law in relation to the slave trade was passed. It was to prevent the importation of negroes, mulattoes and other persons of color into any port of the United States within a state which had prohibited by law the admission of any such person. The penalty was one thousand dollars and the forfeiture of the vessel. The slave trade was not then prohibited by the constitution, nor was the subject then generally agitated, though it had been as early as 1793, when, as previously stated, an exciting sectional debate followed the presentation of a petition from Pennsylvania to abolish the slave trade.

Probably the most important occurrence under the first administration of Jefferson was that relating to the purchase and admission of Louisiana. There had been apprehensions of a war with Spain, and with a view to be ready Congress had passed an act authorizing the President to call upon the executives of such of the states as he

followed along the valley

of the Mississippi, and it was increased by the belief that the withdrawal of the privilege was made at the suggestion of France, though Spain still retained the territory, as the formalities of ceding it had not been gone through with. Jefferson promptly took the ground that if France took possession of New Orleans, the United States would immediately become allies of England, but suggested to Minister Livingston at Paris that France might be induced to cede the island of New Orleans and the Floridas to the United States. It was his belief, though a mistaken one, that France had also acquired the Floridas. Louisiana then comprised much of the territory west of the Mississippi and south of the Missouri.

The Federalists in Congress seized upon this question as one upon which they could make an aggressive war against Jefferson's administration, and resolutions were introduced asking information on the subject. Jefferson, however, wisely avoided all entangling suggestions, and sent Monroe to aid Livingston in effecting a purchase. The treaty was formed in April, 1803, and submitted by Jefferson to the Senate in October following. The Republicans rallied in favor of this scheme of annexation, and claimed that it was a constitutional right in the government to acquire territory -a doctrine widely at variance with their previous position, but occasions are rare where parties quarrel with their administrations on pivotal measures. There was also some latitude here for endorsement, as the direct question of territorial acquisition had not before been presented, but only hypothetically stated in the constitutional disputations then in great fashion. Jefferson would not go so far as to say that the constitution warranted the acquisition to foreign territory, but the scheme was nevertheless his, and he stood in with his friends in the political battle which followed.

The Federalists claimed that we had no power to acquire territory, and that the acquirement of Louisiana would give the South a preponderance which would "continue for all time (poor prophets they !),

stroy the judiciary that their impeach. ments were finally abandoned.

The Republicans closed their first national administration with high prestige. They had met several congressional reverses on questions where defeat proved good fortune, for the Federalists kept a watchful defence, and were not always wrong. The latter suffered numerically, and many of their best leaders had fallen in the congressional contest of 1800 and 1802, while the Republicans maintained their own additions în talent and number.

In 1804, the candidates of both parties were nominated by congressional caucuses. Jefferson and Clinton were the Republican nominees; Charles C. Pinckney and Rufus King, the nominees of the Federalists, but they only received 14 out of 176 electoral votes.

since southern would be more rapid than northern development;" that states created west of the Mississippi would injure the commerce of New England, and they even went so far as to say that the "admission of the Western World into the Union would compel the Eastern States to establish an eastern empire," Doubts were also raised as to the right of Louisianians, when admitted to citizenship under our laws, as their lineage, language and religion were different from our own. Its inhabitants were French and descendants of French, with some Spanish creoles, Americans, English and Germans in all about 90,000, including 40,000 slaves. There were many Indians of course, in a territory then exceeding a million of square miles a territory which, in the language of First Consul Napoleon, “strengthens forever the power of the United States," The struggle of Napoleon in Europe and which will give to England a mari- with the allied powers now gave Jefferson time rival that will sooner or later humble an opportunity to inaugurate a foreign her pride "-a military view of the change fully justified by subsequent history. Napoleon sold because of needed preparations for war with England, and while he had previously expressed a willingness to take fifty million francs for it, he got sixty through the shrewd diplomacy of his ministers, who hid for the time their fear of the capture of the port of New Orleans by the English navy

Little chance was afforded the Federalists for adverse criticism in Congress, for the purchase proved so popular that the people greatly increased the majority in both branches of the eighth Congress, and Jefferson called it together earlier for the purpose of ratification. The Senate ratified the treaty on the 20th of October, 1803, by a vote of 24 to 7, while the House adopted a resolution for carrying the treaty into effect by a vote of 90 to 25. Eleven million dollars of the purchase money was appropriated, the remaining four millions being reserved for the indemnity of American citizens who had sustained losses by French assaults upon our commerce-from which fact subsequently came what is known as the French Spoliation Bill.

policy. England had forbidden all trade with the French and their allies, and France had in return forbidden all ́commerce with England and her colonies. Both of these decrees violated our neutral rights, and were calculated to destroy our commerce, which by this time had become quite imposing.

Congress acted promptly, and on the 21st of December passed what is known as the Embargo Act, under the inspiration of the only choice of the people lay between the Republican party, which claimed that the embargo and war, and that there was no other way to obtain redress from England and France. But the promised effects of the measure were not realized, and so soon the people, the Federalists made the quesas any dissatisfaction was manifested by tion a political issue. They declared it unconstitutional because it was not limited as to time; that it helped England as against France (a cunning assertion in for the cause of the French), and that it view of the early love of the Republicans laid violent hands on our home commerce creased the discontent, and public opinion and industries. Political agitation inat one time turned so strongly against the Impeachment trials were first attempted law that it was openly resisted on the before the eighth Congress in 1803. Judge eastern coast, and treated with almost as Pickering, of the district court of the open contempt on the Canadian border. United States for New Hampshire, was The bill had passed the House by 87 to impeached for occasional drunkenness, 35, the Senate by 19 to 9. In January and dismissed from office. Judge Chase 1809, the then closing administration of the U. S. Supreme Court, and Judge Jefferson had to change front on the quesPeters of the district court of Pennsylva- tion, and the law was repealed on the 18th nia, both Federalists, were charged by arti- of March. The Republicans when they cles proposed in the House with illegal changed, went all the way over, and advoand arbitrary conduct in the trial of par- cated full protection by the use of a navy, ties charged with political offenses. The of all our rights on the high seas. If the Federalists took alarm at these proceed- Federals could have recalled their old ings, and so vehement were their charges leaders, or retained even a considerable against the Republicans of a desire to de- portion of their power, the opportunity

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