Yet it may be said that in a certain way Jefferson had been true to his fundamental and grandest principles, even in breaking those which were in a sense secondary. He believed primarily in the will of the people, and sought primarily the good of the people. The Constitution commanded his respect, because it formally expressed that will and substantially advanced that good. In a peculiar crisis, where this written law seemed to lose these distinctive characteristics, it seemed also for the time to lose much of its title to obedience. It was true he had no technical or definite expression of the people's will, but it would have been absurd to pretend to doubt that he executed that will in acquiring Louisiana upon favorable terms, by, against, or outside of the Constitution. If the necessary constitutional amendment could have been made by an immediate popular vote, it would have been accomplished in a week. This is a hazardous doctrine, and so was Jefferson's action, though right, a dangerous precedent. But certainly the history of the transaction puts it beyond a question that the statesman predominated over the doctrinaire in his composition, though his enemies to this day assert the contrary.

CHAPTER XV.

PRESIDENT: FIRST TERM.

IMPEACHMENTS.

-REELECTION.

JEFFERSON's personal animosities were few. They were limited to the small body of supposed "monocrats," the New England clergy, and the Federalist judges in the courts of the United States. In all his preachings of universal benevolence and political brotherhood there must be understood a tacit reservation against these three classes of the community. Of these the judges presented the most definite mark. It has already been seen how he felt about the exclusive possession of the courts by the Federalists. There is no doubt that he wished, if he could not effect a radical change in the judicial personnel, at least to give an impressive lesson to the life-tenants of the benches. His first experiment was certainly made in corpore vili. He sent to the Representatives a special message concerning the shortcomings and vices of Pickering of New Hampshire, judge of the District Court, a worthless fellow morally and mentally.1 Pickering was

1 For modification of the statement concerning Judge Pickering, see Appendix.

at once impeached before the Senate by order of the House, was found guilty and removed, the Federalist senators doing themselves little credit by voting in favor of so wretched a crea

ture.

But this was only light practising; much higher game was aimed at in the person of Judge Chase of Maryland, a justice of the Supreme Court. He was of unquestioned integrity and ability; but he was a Federalist of the extreme type, and found it as impossible to keep his Federalism out of his charges to juries as Copperfield says that Mr. Dick did to keep King Charles' head out of his memorials. There is no doubt that he erred gravely in this particular, and used his judicial position in a manner improper even in those times, and which in our day would be deemed intolerable. That he was ever led to the commission of an actual injustice does not appear; and whether his offences against official decorum, when they could not be proved ever to have resulted in practical wrong, ought to have been regarded as ground for impeachment was at best doubtful. But Jefferson and his friends resolved to make the trial; in addition to the political advantage which success might bring them, they were incensed against Chase personally, by reason of a speech which he had lately delivered to the

grand jury, wherein he had very soundly berated the Democratic party for having repealed the Judiciary Act. However unjustifiable this tirade was, yet it made a narrow foundation for an impeachment. Other charges were therefore sought, and the Republican managers went back nearly five years to the trials of Fries and of Callender, at which Chase had certainly shown his political bias in a manner deserving of reprehension. But these were old stories, and if they were so heinous as was now alleged, at least it followed that the Republicans had been guilty of gross laches in not having long since made them the basis of proceedings for removal. Attaching them to the later causes of complaint constituted a virtual acknowledgment of the insufficiency of these later causes when taken by themselves. Nor was there any object in gathering together many improprieties, all which in conjunction might suffice to show, in a general way, that the judge was unfit for his office. For the question which the Senate must decide was not, whether upon the whole Chase was fit or unfit for his judicial position; but whether upon any one of the specific charges of the impeachment the evidence showed him to be a guilty man.

Jefferson's behavior in this affair was shrewd and selfish. The end which he desired to at

tain was so desirable that even a small prospect of success justified the endeavor. But a defeat would bring so much condemnation on the losers, and there was so much chance of defeat, that he had no notion of subjecting his own person and fortunes to the risk. Perhaps he felt about his prestige in politics as great generals are entitled to feel about their own lives in battle, that it was too valuable to his party to be jeoparded. Certain it is that he played only the part of an instigator. He did not send in a message, as in the more clear and wholly unimportant case of Pickering. But his faithful henchman, the hot-headed Randolph, equally devoid of caution and of judgment, stood ready at a word from the chief to plunge into any dubious fray. The signal was given to him May 13, 1803, through Nicholas, who was Randolph's personal friend, and acted as his chief of staff in the House of Representatives. To this gentleman Jefferson wrote: "You must have heard of the extraordinary charge of Chase to the grand jury at Baltimore. Ought this seditious and official attack on the principles of our Constitution and on the proceedings of a State to go unpunished? And to whom so pointedly as yourself will the public look for the necessary measures? I ask these questions for your consideration; for myself it