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extended to our fathers arriving in this land? Shall oppressed humanity find no asylum on this globe? The Constitution, indeed, has wisely provided that, for admission to certain offices of important trust, a residence shall be required sufficient to develop character and design. But might not the general character and capabilities of a citizen be safely communicated to every one manifesting a bona fide purpose of embarking his life and fortunes permanently with us? with restrictions, perhaps, to guard against the fraudulent usurpation of our flag; an abuse which brings so much embarrassment and loss on the genuine citizen, and so much danger to the nation of being involved in war, that no endeavor should be spared to detect and suppress it.

"These, fellow-citizens, are the matters respecting the state of the nation which I have thought of importance to be submitted to your consideration at this time. Some others of less moment, or not yet ready for communication, will be the subject of separate messages. I am happy in this opportunity of committing the arduous affairs of our government to the collected wisdom of the Union. Nothing shall be wanting on my part to inform, as far as in my power, the legislative judgment, nor to carry that judgment into faithful execution. The prudence and temperance of your discussions will promote, within your own walls, that conciliation which so much befriends rational conclusion; and by its example will encourage among our constituents that progress of opinion which is tending to unite them in object and in will.

That all should be satisfied with any one order of things is not to be expected, but I indulge the pleasing persuasion that the great body of our cit izens will cordially concur in honest and disinterested efforts, which have for their object to preserve the general and state governments in their constitutional form and equilibrium; to maintain peace abroad, and order and obedience to the laws at home; to establish principles and practices of administration favorable to the security of liberty and property; and to reduce expenses to what is necessary for the useful purposes of government."

The message of the head of the republican party was, according to Mr. Tucker, violently assailed by the federalists. "The points deemed most exceptionable, or at least most vulnerable to attack, were the reduction of the revenue, the army, and navy, the revision of the judicial system, and the proposed facility to naturalization; all of which they attributed either to false or visionary notions of government, or to an unprincipled sacrifice of the best interests of the nation to popular prejudices. The very mode of communication, which has since received the sanction of general usage, and which is in accordance with the universal practice in the states, did not escape censure; that was arraigned as proceeding from an overweening desire of popularity, and a covert design to cast an invidious shade on the character of General Washington and Mr. Adams.

"All these measures were the more unacceptable, because, if they had a fortunate issue, they would be at once

CH. 1.]

REVISION OF THE JUDICIARY.

29

1801.

introduced by them into Congress, was
that for the revision (as it was
called,) of the federal judiciary.
From some cause or other, Mr. Jeffer-
son entertained no liking for the ar-
rangements which established the su-
preme judicial tribunal to decide the
great questions which would come be-
fore it for adjudication; and, as we
have noted, he took it very ill of John
Adams and the federal party, that they
had enacted certain laws on this sub-
ject and appointed men to fill the chairs
in the courts of the United States.
Writing, on the 19th of December,
to John Dickinson, Jefferson states,
amongst other things, bearing upon
his policy;-" My great anxiety at
present is, to avail ourselves of our as-
cendency to establish good principles
and good practices; to fortify republi-
canism behind as many
canism behind as many barriers as pos-

a practical rebuke on their own course when in power, and a triumphant vindication of that of the republicans. The best talents of the party were, therefore, put in requisition, to bring them into discredit with the people, and to show that, so far as they were able to reduce the taxes, and yet make good the public engagements, they were indebted to the schemes of finance introduced by their predecessors, and which they had invariably opposed. The general expressions of philanthropy which occasionally found a place in the message, were sneered at as an offering to a spurious philosophy then in vogue; and disaster and ruin were confidently predicted to the nation for committing the reins to those who had neither the skill nor firmness to guide them. Mr. Jefferson had, however, the consolation of knowing that his course, so obnox-sible, that the outworks may give time ious to his adversaries, was approved to rally and save the citadel, should by his friends, who constituted a great that be again in danger. On their part majority of the American people; and, they have retired into the judiciary as confident that it was adapted to the a stronghold. There, the remains of solid interests of the nation, as well as federalism are to be preserved and fed suited to its ruling tastes, he trusted to from the treasury; and from that battime to justify him in the eyes of the tery all the works of republicanism are fairer portion even of his opponents."* to be beaten down and erased. By a His biographer is confident, that Jeffer- fraudulent use of the Constitution, son was not disappointed in this ex- which has made judges irremovable, pectation. The reader will be better they have multiplied useless judges able to judge when he has reached the merely to strengthen their phalanx.” close of the third president's career.

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The party now in power determined to carry their plans of reform and economy into execution as speedily as possible. The first measure of importance

* Tucker's "Life of Jefferson," vol. ii., pp. 108-9.

A bill to repeal the law respecting the circuit courts, under which those who were designated as "midnight judges" had been appointed, was accordingly brought in, early in January, and warmly debated in both Houses of Congress. The president had, as he

intimated in his message, obtained from every state an account of the whole number of causes tried since the institution of the national government, under an impression, it would seeman idea which the federalists ridiculed -that the number of the suits was the measure of the utility and necessity of the existing organization.

James A. Bayard was the chief speaker against the repeal, in the House of Representatives; and William B. Giles led the debate on the other side. In the Senate, Gouverneur Morris and Stevens T. Mason were the principal advocates of federal and republican views on this subject.* The arguments in favor of the repeal most relied on, were, that the new courts were useless, and that there was no constitutional objection to abolishing them. And the ground taken in opposition by the federalists was, that Congress had not the power to de

1801.

prive the judges of their stations by the indirect course of repealing the law under which they had been appointed.

Some members of the bar at Philadelphia, republicans too, memorialized Congress, reciting the great inconveniences sustained under the old law "by the court, the bar, and the suitors ;"—the evils arising from the want of "opportunity for reflection and repose" experienced by the judges when "constantly engaged in traversing the states;" and from the circumstance that

* For the long and able speeches of these gentlemen, see Williston's "Eloquence of the United States," vol. ii., pp. 82-235.

they were called to preside in states, "the laws, usages, and practices of which were essentially different from those in which they were educated;"— the honorable character of the recently appointed judges;-the increased confidence of the public in the courts:and after stating that "the inevitable consequences of the late system were embarrassment, uncertainty, and delay,' declared, that "the abolition of the court will probably be attended with great public inconvenience."

The federalists did not fully believe that their antagonists would dare to repeal this law; and should the republicans attack it, they expected, as Mr. Tucker says, that "it would afford them abundant materials to bring their adversaries into discredit with the people; who would thus have their eyes opened, and see that those who had been advocates for a strict interpretation of the Constitution, could be ultralatitudinarian in construing it, when it suited their purpose. So confident were they of the advantage they would have over their opponents in this argument, that they actually wished the latter would carry their purpose into execuThey, at all events, hoped they would attempt it, as whether they succeeded or failed, it would furnish them with the same fruitful theme of party reproach, and of making eloquent appeals in behalf of the violated Constitution."*

tion.

* Mr. Justice Story has well enumerated the reasons for the tenure of office, determined by the Constitution, for the members of the judiciary. To render that branch of the government a safeguard against the encroachments of party spirit and the tyranny of

CH. I.

MEASURES OF REFORM AND ECONOMY.

After an earnest and protracted debate, which continued for sixteen days, the repeal was effected by a vote in the House, of fifty-nine to thirty-two. In the Senate, the republican party obtained the repeal by only a single vote.* It is admitted by Mr. Tucker, whose words we have quoted above-although it might be much more strongly stated-that "the course taken by the majority of the legislature, in the repeal of the judiciary act, did not receive the unanimous support of the republican party. To those who regarded the independence of the judges as a cardinal principle in free governments, the repeal appeared to be contrary to the spirit and meaning of the Constitution; as, if the judges could be deprived of their offices by the abolition of the courts, the provision in the Constitution, by which they were to hold them during good behavior, was rendered

1802.

faction; to secure the people against the intentional,

as well as the unintentional, usurpations of the executive and legislative departments; to confer upon it the weight requisite for the fulfilment of its function under the Constitution, of acting at once as complement and as check to the other two branches; it was needful that the judiciary should be independent,-holding office during good behavior; for otherwise, the judges would soon be rendered odious, not because they did wrong, but because they refused to do wrong; and

would become more dependent upon the appointing

power, and secure nothing, but their own places, and the approbation of those who valued, because they knew the use of them; and in no other way could there be any practical restraint upon the acts of the government, or any practical enforcement of the rights

of the citizens. In view of the action on the subject

of the judiciary in several of the states, the student of history may well ponder the importance of its being independent of the changes and chances of popular elections, and party expediency and policy.

* See Benton's "Abridgement of the Debates of Congress," vol. ii., pp. 545–565; and pp. 596-639.

31

nugatory; and the judiciary were virtually rendered dependent on the leg. islature. Nor were there wanting moderate men in the republican ranks who believed the repeal of this law to be as clear an infraction of the Constitution as the sedition law had been. The number of these was, however, too small to produce effect; and their disapprobation, together with the louder voice of the opposition, was drowned in the popular huzzas, which were everywhere heard for the new administration."

The judiciary bill having been repealed, it was needful to rearrange the operations of the supreme court, upon which the whole of the judicial labors of the United States were now thrown. And another bill was passed, dividing the states, with the exception of Maine and the region beyond the mountains, into six circuits, in each of which one judge, with the assistance of a district judge, held courts, half-yearly; and the terms of the supreme court were made but one in each year;-instead of the original arrangement, of which we have given an account in a previous chapter (see vol. ii., p. 278.)

The president was laudably anxious to obtain a repeal of the internal taxes of every kind. On this subject he thus writes to Mr. Dickinson, in the letter before quoted: "You will, perhaps, have been alarmed, as some have been, of the internal taxes. But it is perat the proposition to abolish the whole fectly safe. They are under a million of dollars, and we can economize the government two or three millions a year. The impost alone gives us ten

or eleven millions annually, increasing at a compound ratio of six and twothirds per cent. per annum, and consequently doubling in two years. But leaving that increase for contingencies, the present amount will support the government, pay the interest of the public debt, and discharge the principal in fifteen years. If the increase proceeds, and no contingencies demand it, it will pay off the principal in a shorter time. Exactly one half of the public debt, to wit, thirty-seven millions of dollars, is owned in the United States. That capital then will be set afloat, to be employed in rescuing our commerce from the hands of foreigners, or in agriculture, canals, bridges, or other useful enterprises. By suppressing at once the whole internal taxes, we abolish three-fourths of the offices now existing and spread over the land." For Mr. Tucker's statements on the subject of the public debt, and the wishes of the president in regard to its total extinction, we must refer the reader to his Life of Jefferson. The pages in which he speaks to these points are worthy careful consideration.*

Amongst the other more important acts of this session, we may enumerateone for the reapportionment of Representatives, according to the result of

* We may mention here, that the value of the exports of the United States was upwards of $93,000,000. The tonnage of the United States was upwards of

900,000. The amount of duties received was upwards

of $20,000,000; and of drawbacks paid by the states, nearly $8,000,000.

the census of the preceding year, the ratio being continued at one Representative for thirty-three thousand inhabit ants; one for determining the extent of the peace establishment, in respect of the army, and also for the 1802. regulation and maintenance of peace on the frontiers; one abolishing the internal taxes; and one for the redemption of the public debt, by the yearly appropriation of $7,300,000 to the sinking fund. But, as a late writer remarks: "the act now passed to provide for the redemption of the public debt, was only nominal in its operations; new loans were effected, and the reduction of the debt by the act was only in theory, as the appropriations for expenses for 1802, were more than equal to the receipts of the previous year."

In April of this year, Ohio, which had been under a territorial government for several years, was admitted into the Union. A convention at Chilicothe, in November, settled a constitution for the new state. The number of its inhabitants was about fifty thousand.

On the 3d of May, the first session of the seventh Congress was brought to its close. It was a long and busy session, and its career is the more noticeable inasmuch as the republican party were now able to carry the measures which they deemed advisable, confident of the support and encouragement of the executive in regard to the various points at issue between them and the federal party.

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