1800]

Treaty with France

289

Murray; and these nominations were confirmed. Henry, now old and infirm, declined to serve, and William R. Davie of North Carolina, another Southern Federalist, was appointed in his stead. Adams also seized the first opportunity to dismiss the most treacherous of his advisers, and substituted John Marshall in place of Timothy Pickering as Secretary of State.

pay for American property seized by the French government or by its agents during the recent troubles, or to consent to the formal abandonment of the treaty of 1778. These subjects were reserved for future negotiations. The United States Senate refused to ratify this part of the arrangement. Ultimately, it was agreed that the United States should give up its contention as to the payment of claims, and Napoleon consented to regard the treaty of 1778 as no longer binding. In this way, by the action The French of the Senate, the United States became bound, at least Spoliation morally, to compensate its own citizens for French spolia

Claims.

Presidential campaign of 1800. Schouler's United States, I,

472-476,

479-486;

*Stanwood's Elections, 30-44.

Hamilton's intrigues.

tions committed prior to 1800, which were thus bartered away for the final renunciation of the treaty of 1778 with its formidable guarantee of the French West India possessions. It is only within recent years, however, when legal proof has become almost impossible, that Congress has consented to pay these "French spoliation claims."

211. The Election of 1800. -The presidential election of 1800 was fought with great vigor and with great bitterness of language and temper. John Adams, by his honest and patriotic policy, had saved the country from a disastrous war, and had deeply offended the leaders of the Federalist party. He was still popular with the people, who recognized his fearless honesty and remembered. his great services during the Revolution. He became the Federalist candidate for the presidency because there was no one else to nominate with any chance of success. Hamilton, instead of accepting his candidacy with good grace and supporting the party candidate with all his strength and influence, embarked on a course of petty intrigue, similar to the intrigues of 1788 and 1796, which have been already described (pp. 259, 282). Charles Cotesworth Pinckney of South Carolina was the Federalist candidate for second place. It was proposed that the South Carolina electors should vote for Pinckney and Jefferson, in the expectation that the votes thus withdrawn from Adams and given to Jefferson would return Adams to second place and bring in Pinckney as President. The

Election of 1800

1800]

The Election of 1800

291

latter honorably refused to be a party to such a transaction. Hamilton also sought to discredit Adams by writing a long dissertation to show his unfitness for the office of chief magistrate. This paper was based on information furnished by Oliver Wolcott, who had succeeded Hamilton as Secretary of the Treasury. The Republicans obtained a copy and gave it the widest publication. The Federalists were probably doomed to failure, as the heavy taxes made necessary by the preparations for war, and the hatred which the prosecutions under the Sedition Act had aroused, had converted thousands to the Republican side. That party was now thoroughly organized by Jefferson and the other leaders, especially Aaron Burr, a disreputable politician, who had been nominated for the vice-presidency because he controlled the votes of New York. When the electoral ballots were counted, it was found that Jefferson and Burr had each received seventy-three votes; Adams, sixty-five; and Pinckney, sixty-four. As the Constitution then stood, the electors did not state their preference for President, and in case of a tie the House of Representatives, voting by states, must elect one of the two highest, President.

the House.

States, I,

492-500.

It happened that the Federalists were in a majority in Election of the House, both as ordinarily constituted and when voting Jefferson by by states. Enraged at their defeat, and embittered beyond Schouler's all measure with Jefferson, they determined to thwart the United will of the people and elect Burr; for there was no question as to which candidate the Republicans desired to have President. This was against the advice of Hamilton, who distrusted and hated Burr even more than he did Jefferson. Thirty-six ballots were necessary before the Federalists could bring themselves to acquiesce in Jefferson's election, and even then they refused to vote for him, and permitted him to be chosen only by absenting themselves. The Federalists lost greatly by this political maneuver. Once in power, the Republicans proposed an amendment to the Constitution revising the method of choosing the President and Vice-President (p. 319).

The
Judiciary

Act, 1801.
Schouler's
United

States, I, 500.

Adams's

"midnight appointments."

212. The Judiciary Act, 1801. — Defeated in the election, the Federalists "retreated into the Judiciary as a strong. hold." The Judiciary, as it was established at the time of the organization of the government, was more than sufficient for the transaction of all the business that was likely to come before it for many years. Nevertheless, the Federalists, after the results of the election were known, pushed through Congress an act greatly enlarging it and providing many new and valuable places to be filled by the President of the defeated party. The Constitution forbids a member of Congress to accept an office which has been created, or the emoluments of which have been increased, during his term as a member of that body. This requirement was now evaded by promoting many district judges to the new positions, and filling the vacancies thus created by the appointment of members of Congress. One of Adams's judicial appointments deserves a fuller mention. Oliver Ellsworth, Jay's successor in the chief-justiceship, resigned, and John Marshall was nominated in his stead. He was at the moment acting as Secretary of State and for a few days performed the duties of both offices, - a combination of executive and judicial functions not contemplated by the Constitution. He proved to be the ablest legal luminary America has yet produced. For thirty-five years he remained at the head of the Supreme Court, continuing in that branch of the government the broad constructive theories of constitutional interpretation maintained by the Federalists.

Adams also filled up every vacant office in the government, and Marshall was still busy countersigning commissions when the hour of twelve struck on the night of March 3, 1801, and the Federalist supremacy came to an end. At dawn the next morning Adams set out for his home in Quincy, Massachusetts, without waiting to greet his unwel

come successor.

Questions and Topics

293

SUGGESTIVE QUESTIONS AND TOPICS

§§ 191-198. ORGANIZATION OF THE GOVERNMENT

a. Put as a heading in note-book "Party Government"; begin its outline with the following heads: definition of party; why are political parties necessary? trace origin and growth of party government in the United States; discuss organization of parties; describe the present political organizations in your state; ought a citizen to attach himself to a party? what are Independents and what political value have they, if any? what political value has a "regular" party man, if any?

b. State the fundamental principles held by the first two great political parties; are these principles party issues to-day?

c. Compare Washington's Inaugural Address with that of the present chief magistrate under the following heads: personal tone, specific statement, declaration of political principles, self-effacement, English style. Account for difference.

d. State the legal relations of the cabinet officers to the President; to Congress. Compare with British cabinet system.

e. Was the declaration that "Congress had no authority to interfere with slavery within the states" binding on future Congresses?

SS 200-204. FOREIGN RELATIONS

a. Bring to class a brief digest of the history of Great Britain and France, 1783-1801.

b. Review the services of France to the United States, 1776 83, and then discuss her treatment by the United States at this period.

c. Why does the Neutrality Proclamation mark an epoch in United States history?

§ 205. WASHINGTON'S FAREWELL ADDRESS

Enter in your note-book Washington's views touching the following points: the continuance of the Union, sectional parties, combinations and associations, changes in Constitution, federal authority, party spirit, encroachments by departments, public education, national antipathies and attachments, European alliances. Watch the course of the narration to see how far Washington's warnings were prophetic.

§§ 206-210. JOHN ADAMS'S ADMINISTRATION

a. What is the significance in United States history of French relations at this time?