At the first session of Congress in December, 1795, the Senate's administration majority had increased, but in the House the opposing Republicans had also increased their numbers. The Senate by 14 to 8 endorsed the message; the House at first refused but finally qualified its an swers. had been appropriated-charges which were | courage, and prepared to win in the Presisoon shown to be groundless. dential battle which followed. Both parties were plainly arrayed and confident, and so close was the result that the leaders of both were elected-John Adams, the nominee of the Federalists, to the Presidency, and Thomas Jefferson, the nominee of the Republicans, to the Vice-Presidency. The law which then obtained was that the candidate who received the highest number of electoral votes, took the first place, the next highest, the second. Thomas Pinckney of South Carolina was the Federal nominee for Vice-President, and Aaron Burr of the Republicans. Adams received 71 electoral votes, Jefferson 68, Pinckney 59, Burr 30, scattering 48. Pinckney had lost 12 votes, while Burr lost 38-a loss of popularity which the latter regained four years later. The first impressions which our forefathers had of this man were the best. In March, 1796, a new political issue was sprung in the House by Mr. Livingstone of New York, who offered a resolution requesting of the President a copy of the instructions to Mr. Jay, the envoy who made the treaty with Great Britain. After a debate of several days, more bitter than any which had preceded it, the House passed the resolution by 57 to 35, the Republicans voting aye, the Federals no. Washington in answer, took the position that the House of Representatives was not part of the treaty-making power of the government, and could not therefore be entitled to any papers relating to such treaties. The constitution had placed this treaty making and ratifying power in the hands of the Senate, the Cabinet and the President. John Adams was inaugurated as Pres ident in Philadelphia, at Congress Hall, March 4th, 1797, and in his inaugural was careful to deny the charge that the Federal party had any sympathy for England, but reaffirmed his endorsement of the policy of Washington as to strict neutralThis answer, now universally accepted ity. To this extent he sought to soften the as the proper one, yet excited the House asperities of the parties, and measurably and increased political animosities. The succeeded, though the times were still Republicans charged the Federals with stormy. The French revolution had being the "British party," and in some reached its highest point, and our people instances hinted that they had been purchased with British gold. Indignation meetings were called, but after much sound and fury, it was ascertained that the people really favored abiding by the treaty in good faith, and finally the House, after more calm and able debates, passed the needed legislation to carry out the treaty by a vote of 51 to 48. still took sides. Adams found he would have to arm to preserve neutrality and at the same time punish the aggression of either of the combatants. This was our first exhibition of "armed neutrality." An American navy was quickly raised, and every preparation made for defending the rights of Americars. An alliance with France was refused, after which the In August, 1796, prior to the meeting American Minister was dismissed and the of the Congressional caucus which then French navy began to cripple our trade. placed candidates for the Presidency in In May, 1797, President Adams felt it his nomination, Washington issued his cele- duty to call an extra session of Congress, brated Farewell Address, in which he gave which closed in July. The Senate apnotice that he would retire from public proved of negotiations for reconciliation life at the expiration of his term. He had with France. They were attempted but been solicited to be a candidate for re- proved fruitless; in May, 1798, a full naval election (a third term) and told that all armament was authorized, and soon several the people could unite upon him-a state- French vessels were captured before there ment which, without abating one jot, our was any declaration of war. Indeed, neithadmiration for the man, would doubtless er power declared war, and as soon as have been called in question by the Re-France discovered how earnest the Ameripublicans, who had become implacably cans were she made overtures for an adhostile to his political views, and who were justment of difficulties, and these resulted encouraged to believe they could win con- in the treaty of 1800. trol of the Presidency, by their rapidly in- The Republicans, though warmly favorcreasing power in the House. Yet the ad-ing a contest, did not heartily support that dress was everywhere received with marks inaugurated by Adams, and contended of admiration. Legislatures commended it by resolution and ordered it to be engrossed upon their records; journals praised it, and upon the strength of its plain doctrines the Federalists took new after this that the militia and a small naval force were sufficient for internal defense. They denounced the position of the Federals, who favored the enlargement of the army and navy, as measures calculated to overawe public sentiment in time of peace. | politica. thought and action. They were 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 opposing idea was that it lodged with the Executive too much power, and was liable to great abuse. It has frequently since, ia 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 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 reinforce 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. The Naturalization law, favored by the So highly were these esteemed by the ReFederalists, because they knew they could publicans of that day, and by the interests acquire few friends either from newly ar- whose support they so shrewdly invited, rived English or French aliens, among that they more than counterbalanced the other requirements provided that an alien popularity acquired by the Federals in their must reside in the United States fourteen resistance to France, and by 1800 they years before he could vote. The Republi- caused a rupture in the Cabinet of Adams. cans denounced this law as calculated to In the Presidential election of 1800 John 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 Each 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. 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 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 estab ity 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-Presi dent. 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 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 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 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 | "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 har ded 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. 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. Ia this he says: 66 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 modifled 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 |