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overawe public sentiment in time of peace. | politica. thought and action. The Federals, however, through their the immediate cause of the Kentucky and prompt resentment of the aggressions of Virginia resolutions of 1798, Jefferson beFrance, had many adherents to their ing the author of the former and Madison party. They organized their power and of the latter. sought to perpetuate it by the passage of the alien and sedition, and a naturalization law.

The alien and sedition law gave the President authority "to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order." The provisions which followed were in keeping with that quoted, the 3d section commanding every master of a ship entering a port of the United States, immediately on his arrival, to make report in writing to the collector of customs, the names of all aliens on board, etc. The act was to continue in force for two years from the date of its passage, and it was approved June 25th, 1798.

A resolution was introduced in the Senate on the 25th of April, 1798, by Mr. Hillhouse of Connecticut, to inquire what provision of law ought to be made, &c., as to the removal of such aliens as may be dangerous to the peace of the country, &c. This resolution was adopted the next day, and Messrs. Hillhouse, Livermore and Read were appointed the committee, and subsequently reported the bill. It passed the Senate by 16 to 7, and the House by 46 to 40, the Republicans in the latter body resisting it warmly. The leading upposing idea was that it lodged with the Executive too much power, and was liable to great abuse. It has frequently since, 11 arguments against centralized power, been used for illustration by political speakers.

These resolutions were full of political significance, and gave tone to sectional discussion up to the close of the war for the Union. They first promulgated the doctrine of nullification or secession, and political writers mistake who point to Calhoun as the father of that doctrine. It v began with the old Republicans under the leadership of Jefferson and Madison, and though directly intended as protests against the alien and sedition, and the naturalization laws of Congress, they kept one eye upon the question of slavery-rather that interest was kept in view in their declarations, and yet the authors of both were anything but warm advocates of slavery. They were then striving, however, to rein force the opposition to the Federal party, which the administration of Adams had thus far apparently weakened, and they had in view the brief agitation which had sprung up in 1793, five years before, on the petition to Congress of a Pennsylvania society "to use its powers to stop the traffic in slaves." On the question of referring this petition to a committee there arose a sectional debate. Men took sides not because of the party to which they belonged, but the section, and for the first time the North and South were arrayed against each other on a question not then treated either as partisan or political, but which most minds then saw must soon become both partisan and sectional. Some of the Southern dcbaters, in their protests against interference, thus early threatened civil war. With a view to better protect their rights to slave property, they then advocated and suc ceeded in passing the first fugitive slave' law. This was approved February 12, 1793.

The resolutions of 1798 will be found in the book devoted to political platforms. So highly were these esteemed by the Republicans of that day, and by the interests whose support they so shrewdly invited, that they more than counterbalanced the popularity acquired by the Federals in their resistance to France, and by 1800 they caused a rupture in the Cabinet of Adams.

The Naturalization law, favored by the Federalists, because they knew they could acquire few friends either from newly arrived English or French aliens, among other requirements provided that an alien must reside in the United States fourteen years before he could vote. The Republicans denounced this law as calculated to In the Presidential election of 1800 John V ́ ́ check immigration, and dangerous to our Adams was the nominee for President and country in the fact that it caused too C. C. Pinckney for Vice-President. A many inhabitants to owe no allegiance. "Congressional Convention" of RepubliThey also asserted, as did those who opposed Americanism later on in our history, that America was properly an asylum for all nations, and that those coming to America should freely share all the privileges and liberties of the government.

These laws and the political resentments which they created gave a new and what eventually proved a dangerous current to

cans, held in Philadelphia, nominated Thomas Jefferson and Aaron Burr as candidates for these offices. On the election which followed the Republicans chose 73 electors and the Federalists 65. Each elector voted for two persons, and the Republicans so voted that they unwisely gave Jefferson and Burr each 73 votes. Neither being highest, it was not legally determined

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The defeat of Adams was not unexpect

which should be President or Vice-Presi- | from internal and external sources, and to dent, and the election had to go to the increase expenditures, as the growth of the House. The Federalists threw 65 votes to country demanded. Though it passed out Adams and 64 to Pinckney. The Repub- of power in a cloud of intrigue and in a licans could have done the same, but Burr's vain grasp at the "flesh-pots," it yet had a intrigue and ambition prevented this, and glorious history, and one which none unthe result was a protracted contest in tinctured with the better prejudices of that the House, and one which put the country day, can avoid admiring. 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.

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.

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 be-eralist, from the Collectorship of New fore them.

Downfall of the Federal Party.

Early in June, however, the first question of civil service was raised. Mr. Jefferson then removed Elizur Goodrich, a Fed

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 reck- minority, have, on certain occasions, been lessly trifle with. It stood for non-inter- quoted and misconstrued into assurances ference with foreign nations against the that the tenure of office was not to be diseloquence of adventurers, the mad impulses turbed. But could candor apply such a of mobs, the generosity of new-born free- construction? When it is considered that, men, the harangues of demagogues, and during the late administration, those who best of all against those who sought to fan were not of a particular sect of politics these popular breezes to their own comfort. were excluded from all office; when, by a It provided for the payment of the debt, steady pursuit of this measure, nearly the had the courage to raise revenues both 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 politica. 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 adherence to our enemies.

"I lament sincerely that unessential differences of opinion should ever have been deemed sufficient to interdict half the society from the rights and the blessings of self-government, to proscribe them as unworthy of every trust. It would have been to me a circumstance of great relief, had I found a moderate participation of office in the hands of the majority. I would gladly have left to time and accident to raise them to their just share. But their total exclusion calls for prompter corrections. I shall correct the procedure; but that done, return with joy to that state of things when the only questions concerning a candidate shall be: Is he honest? Is he capable? Is he faithful to the constitution?" Mr. Adams had made few removals, and one because of the political views held by the incumbents, nearly all of whom had been appointed by Washington and continued through good behavior. At the date of the appointment of most of them, Jefferson's Republican party had no existence; so that the reasons given in the quotation do not comport with the facts. Washington's rule was integrity and capacity, for he could have no regard for politics where political lines had been obliterated in his own selection. Doubtless these 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

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 measures for assault-and changed it even more radically than this. He early saw that simple opposition was not progress, and that it was both wise and popular to be progressive, and in all his later political papers he sought to make his party the party favoring personal freedom, the one of liberal ideas, the one which, instead of shirking, should anticipate every change calculated to enlarge the liberties and the opportunities of citizens. These things were not inconsistent with his strong views in favor of local self-government; indeed, in many particulars they seemed to support that theory, and by the union of the two ideas he shrewdly arrayed political enthusiasm by the side of political interest. Political sagacity more profound than this it is difficult to imagine. It has not since been equalled in the history of our land, nor do we believe in the history of any other.

After the New Haven episode, so jealous was Jefferson of his good name, that while he confided all new appointments to the hands of his political friends, he made few removals, and these for apparent cause. The mere statement of his position had proved an invitation to the Federalists in office to join his earlier friends in the support 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 han ded down to their successors. One of the

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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. All commissions signed by Adams after the date named were suppressed.

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."

that of Bayard. Latimer, the collector of the port of Philadelphia, and M'Lane, collector 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 negotiations with Gen'l Smith.

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:

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Some (removals) I know must be made. They must be as few as possible, done gradually, and bottomed on some 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:

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, "Officers who have been guilty of gross and the personal friend of Jefferson, would abuses of office, such as marshals pack ng secure pledges that the public credit should juries, etc., I shall now remove, as my be supported, the navy maintained, and predecessor ought in justice to have done, that subordinate public officers, employed The instances will be few, and governed only in the execution of details, established by strict rule, not party passion. The by law, should not be removed from office right of opinion shall suffer no invasion on the ground of their public character, from me." 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 change was greatly for the better, as it afforded relief from the requirement of 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 thou'sand 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 adV mission 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

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 Or leans for three years, but in October, 1802, ↳ the Spanish authorities gave notice by proclamation that this right was withdrawn. Excitement followed all 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 dis putations 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" tinue for all time (poor prophets they !),

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