Formation of the Union, 1750-1829 Part 19

Now arose an unexpected complication. There being a tie between Jefferson and Burr, the House of Representatives was called upon to decide between them, its vote being cast by States. Had the majority of the House been Republican, Jefferson would, of course, have received their votes; it was, however, Federalist, and the Federalists thought themselves ent.i.tled to choose that one of their enemies who was least likely to do them harm.

Obscure intrigues were entered upon both with Jefferson and Burr. Neither would make definite promises, although Burr held out hopes of alliance with the Federalists. Hamilton now came forward with a letter in which he declared that of the two men Jefferson was less dangerous. "To my mind,"

said he, "a true estimate of Mr. Jefferson's character warrants the expectation of a temporizing rather than of a violent system." After a long struggle the deadlock was broken; Jefferson was chosen President of the United States, and Burr Vice-President.

92. CAUSES OF THE FALL OF THE FEDERALISTS.

[Sidenote: Unpopularity of the Federalists.]

[Sidenote: Judiciary Act.]

The electoral majority was small; the Federalists preserved their organization, and had the prestige of twelve years of administration; it was impossible to realize that there never again would be a Federalist president. In the election of 1804, however, they received but fourteen electoral votes altogether (-- 100). The reasons for this downfall are many, However popular the French war had been, the taxes made necessary by it had provoked great dissatisfaction; and in 1799 a little insurrection, the so-called Fries Rebellion, had broken out in Pennsylvania. The Sedition prosecutions were exceedingly unpopular, The last acts of the party left a violent resentment. In 1801, after it was known that there would be a Republican President with a large majority in both houses of Congress, the Federalists resolved to bolster up their power in the third department of government. A Judiciary Act was therefore pa.s.sed, creating new courts, new judges, and new salaried officials. All the resulting appointments were made by Adams, and duly confirmed by the Senate, thus antic.i.p.ating by many years any real needs of the country. A vacancy occurring in the chief-justices.h.i.+p, Adams appointed John Marshall, one of the few Virginia Federalists; he had made his reputation as a politician and statesman: even Adams himself scarcely foresaw that he was to be the greatest of American jurists.

[Sidenote: Internal dissensions.]

Still more fatal were the internal dissensions in the party. In 1799 Was.h.i.+ngton died, and no man in the country possessed his moderating influence, The cabinet, by adhering to Hamilton and corresponding with him upon important public matters, had weakened the dignity of the President and of the party. In the election of 1800 Hamilton, besides his open attack on Adams, had again tried to reduce his vote sufficiently to bring Pinckney in over his head. Adams himself, although a man of strong national spirit, was in some respects too moderate for his party. Yet his own vanity and vehemence made him unfit to be a party leader.

[Sidenote: Republican theories.]

While these reasons may account for the defeat of the Federalists, they do not explain their failure to rise again. They had governed well: they had built up the credit of the country; they had taken a dignified and effective stand against the aggressions both of England and of France. Yet their theory was of a government by leaders. Jefferson, on the other hand, represented the rising spirit of democracy. It was not his protest against the over-government of the Federalists that made him popular, it was his a.s.sertion that the people at large were the best depositaries of power.

Jefferson had taken hold of the "great wheel going uphill." He had behind him the mighty force of the popular will.

CHAPTER IX.

REPUBLICAN SUPREMACY (1801-1806).

93. REFERENCES.

BIBLIOGRAPHIES.--W. E. Foster, _References to Presidential Administrations_, 8-12; Justin Winsor, _Narrative and Critical History_, VII. 310, 315-320, 336-341, 418-420, 519-522, 527-547; H. B. Tompkins, _Bibliotheca Jeffersoniana_; Channing and Hart, _Guide_, ---- 167-171.

HISTORICAL MAPS.--Nos. 1 and 4, this volume (_Epoch Maps_, Nos. 7 and 9); Labberton, _Atlas_ Nos. lxvi., lxvii.; MacCoun, _Historical Geography_; Scribner, _Statistical Atlas_, Plates 13, 14.

GENERAL ACCOUNTS.--J. B. McMaster, _People of the United States_, II.

538-635; III. 1-338; J. Schouler, _United States_, II. 1-194; Bryant and Gay, _Popular History_, 1. 144-184; H. Von Holst, _Const.i.tutional History_, I. 168-226; R. Hildreth, _United States_, V. 419-686; VI. 25- 148; Geo. Tucker, _United States_, II. 146-348; Bradford, _Const.i.tutional History_, I. 202-329.

SPECIAL HISTORIES.--Henry Adams, _United States_, I.-IV., _John Randolph_, 48-267, and _Life of Gallatin; J. T. Morse, _Jefferson_, 209-300; George Tucker, _Life of Jefferson_; H. S. Randall, _Life of Jefferson_; J. A.

Stevens, _Gallatin_, 176-311; S. H. Gay, _Madison_, 252-282; lives of Burr, Gerry, Plumer, Pickering; T. Lyman, _Diplomacy_; J. C. Hamilton, _Republic_, VII.

CONTEMPORARY ACCOUNTS.--Works of Jefferson, Madison, and Gallatin; J. Q.

Adams, _Memoirs_, I. 248-551; William Sullivan, _Familiar Letters_, 187- 289; Timothy Dwight, _Character of Thomas Jefferson_; S. G. Goodrich, _Recollections_, I. 106-137, 265-298; Basil Hall, _Voyages and Travels_; Timothy Dwight, _Travels_ (1796-1813); Thomas Ashe, _Travels_ (1806); John Mellish, _Travels_ (1806-1811); John Davis, _Travels_ (1798-1802); Isaac Weld, _Travels_; J. Stephens, _War in Disguise_.--Reprints in Mathew Carey, _The Olive Branch_; Henry Adams, _Doc.u.ments Relating to New England Federalism; American History told by Contemporaries_, III.

94. THE POLITICAL REVOLUTION OF 1801.

[Sidenote: Character of Jefferson.]

To the mind of the Federalists the success of the Republicans, and particularly the elevation of Jefferson, meant a complete change in the government which they had been laboring to establish. Jefferson was to them the type of dangerous liberality in thought, in religion, and in government. In his tastes and his habits, his reading and investigation, Jefferson was half a century in advance of his contemporaries. Books and letters from learned men constantly came to him from Europe; he experimented in agriculture and science. Accused during his lifetime of being an atheist, he felt the attraction of religion, and, in fact, was not far removed from the beliefs held by the Unitarian branch of the Congregational Church in New England. Brought up in an atmosphere of aristocracy, in the midst of slaves and inferior white men, his political platform was confidence in human nature, and objection to privilege in every form. Although a poor speaker, and rather shunning than seeking society, he had such influence over those about him that no President has ever so dominated the two Houses of Congress.

[Sidenote: Jefferson's faults.]

Jefferson's great defect was a mistaken view of human nature: this showed itself in an unfortunate judgment of men, which led him to include among his friends worthless adventurers like Callender. As a student and a philosopher, he believed that mankind is moved by simple motives, in which self-interest is predominant: hence his disinclination to use force against insurrections; the people, if left to themselves, would, he believed, return to reason. Hence, also, his confidence in a policy of commercial restriction against foreign countries which ignored our neutral rights; this was set forth in his commercial report of 1793 (-- 85), and later was the foundation of his disastrous embargo policy (-- 103). He had entire confidence in his own judgment and statesmans.h.i.+p; his policy was his own, and was little affected by his advisers; and he ventured to measure himself in diplomacy against the two greatest men of his time,-- William Pitt the younger and Napoleon Bonaparte.

[Sidenote: Moderate policy.]

Fortunately his administration began at a period when general peace seemed approaching. The treaty of Amiens in 1802 made a sort of armistice between France and Great Britain, and neutral commerce was relieved from capture.

The national income was steadily rising (-- 52), the Indians were quiet, the land dispute with Georgia--the last of the long series--was on the point of being settled, the States showed no sign of insubordination. In his inaugural address the new President took pains to rea.s.sure his fellow- citizens. "We have called by different names brethren of the same principle," said he; "we are all Republicans, we are all Federalists."

Among the essential principles of government which he enumerated, appeared "absolute acquiescence in the decisions of the majority,--the vital principle of republics,--from which is no appeal but to force, the vital principle and immediate parent of despotism."

[Sidenote: Purpose to win the Federalists.]

The studied moderation of this address shows clearly the policy which Jefferson had in his mind. In a letter written about this time he says: "To restore that harmony which our predecessors so wickedly made it their object to break, to render us again one people, acting as one nation,...

should be the object of every man really a patriot." Jefferson was determined to show the Federalists that there would be no violent change in his administration; he hoped thus to detach a part of their number so as to build up the Republican party in the Northern States. Even in forming his cabinet he avoided violent shocks; for some months he retained two members of Adams's cabinet; his Secretary of State was Madison, who in 1789 was as much inclined to Federalism as to Republicanism; and he shortly appointed as his Secretary of the Treasury Albert Gallatin, the Parliamentary leader of the party, but in financial principles and policy much like Hamilton.

95. JEFFERSON'S CIVIL SERVICE (1801-1803).

[Sidenote: Jefferson's principles.]

In a few weeks the disposition to conciliate was severely tried by the pressure of applicants for office. Jefferson's principles on this subject were summed up in a letter written March 24, 1801: "I will expunge the effects of Mr. A.'s indecent conduct in crowding nominations after he knew they were not for himself.... Some removals must be made for misconduct.... Of the thousands of officers, therefore, in the United States a very few individuals only, probably not twenty, will be removed: and these only for doing what they ought not to have done." Gallatin heartily supported him in this policy of moderation. Jefferson then laid down the additional principle that he would fill all vacancies with Republicans until the number of officeholders from each party was about equal. "That done, I shall 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 Const.i.tution?"

[Sidenote: Political removals.]

Adams was promptly rebuked by the removal of twenty-four persons appointed in the two months previous. Other removals were made for what would now be called "offensive partisans.h.i.+p." Then came a third group of removals, in order, as Jefferson said, "to make some room for some partic.i.p.ation for the Republicans." At the time he acknowledged that there had been sixteen cases,--in fact, there were many more; at the end of about two years after his inauguration, out of 334 officers occupying important places, 178 were new appointments, and of their predecessors at least 99 had been removed.

These officers in many cases carried with them a staff of subordinates. It is safe to say that one half the persons who had been in the civil service of the United States in March, 1801, were out of it in March, 1805.

[Sidenote: Appointments.]

Nor did Jefferson adhere to his purpose to appoint Federalists and Republicans indiscriminately after the balance should have been reached.

He appointed none but members of his own party; many Federalists in office came over to the Republicans; and by 1809 the civil service was practically filled with Republicans.

96. ATTACK ON THE JUDICIARY (1801-1805).

[Sidenote: Repeal of the Judiciary Act.]

Moderation in Jefferson's mind did not extend to the judiciary which had been forced upon the country by the Federalists in 1801. At his suggestion Breckenridge, in 1802, moved to repeal the recent Act, and thus to get rid at once of the new courts and of the inc.u.mbents. The Federalists protested that the Const.i.tution was being destroyed. "I stand," said Gouverneur Morris, "in the presence of Almighty G.o.d and of the world, and I declare to you that if you lose this charter, never, no, never, will you get another. We are now, perhaps, arrived at the parting point." The repeal was plainly intended to remove the last bulwark of the Federalist party in the government. It was made more obnoxious by a clause suspending the sessions of the Supreme Court until February, 1803. It was pa.s.sed by a majority of one in the Senate, and by a party vote of fifty-nine to thirty-two in the House. The President signed it, and all the new circuit judges and judicial officers were thus struck from the roll of the government.

[Sidenote: Impeachments.]

[Sidenote: Marbury vs. Madison.]

The narrow majority in the Senate warned Jefferson not to proceed farther with such statutes; but the judiciary could be affected in another way.