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. 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." 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 The federalists did not fully believe Morris and Stevens T. Mason were the that their antagonists would dare to principal advocates of federal and re- repeal this law; and should the republican views on this subject.* The publicans attack it, they expected, as arguments in favor of the repeal most Mr. Tucker says, that "it would afford relied on, were, that the new courts them abundant materials to bring their were useless, and that there was no adversaries into discredit with the peoconstitutional objection to abolishing ple; who would thus have their eyes them. And the ground taken in oppo- opened, and see that those who had sition by the federalists was, that Con- been advocates for a strict interpretagress had not the power to de- tion of the Constitution, could be ultraprive the judges of their sta- latitudinarian in construing it, when it tions by the indirect course of repeal-suited their purpose. So confident were ing the law under which they had been they of the advantage they would have appointed. 1801. over their opponents in this argument, that they actually wished the latter would carry their purpose into execution. They, 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."* * 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. 31 nugatory; and the judiciary were virtually rendered dependent on the legislature. 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 faction; to secure the people against the intentional, judge, held courts, half-yearly; and 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. 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, at the proposition to abolish the whole of the internal taxes. But it is perfectly 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 conseand 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. 1802. the census of the preceding year, the ratio being continued at one Representative for thirty-three thousand inhabitants; one for determining the extent of the peace establishment, in respect of the army, and also for the regulation and 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. Louisiana ceded to France in 1800 — Excitement in the United States on the subject - Jefferson's letter to Livingston The Americans prohibited from New Orleans as a place of deposit - Great agitation in the west Meeting of Congress in December President's message - Action in Congress Resolution calling for papers Resolutions adopted by the House - Jefferson's opinion as to the object of the federalists - Monroe appointed minister plenipotentiary to France - Letter to Monroe Great changes in affairs from apparently trivial causes - Napoleon's purpose in sending a military colony to Louisiana - How altered-Sudden and propitious turn in the tide of events - The American envoys― Letter from the president to De Nemours in Paris-Motions in Congress for calling out troops Money voted-Livingston's labors in Paris Arrival of Monroe - Rapid progress of negotiations — Final arrangements - England's acquiescence in this sale - Substance of the treaty - Importance of this transaction - Jefferson's gratulations- His views as to the course to be pursued in Congress — Letter to Breckenridge-Tucker's opinions — The treaty ratified in October — Jefferson's letter to Lincoln on the constitutional question - Complaints of Spain - Meeting of Congress in October The message Movements in the House Large majority in favor of the treaty - Purchase money voted — Claiborne and Wilkinson American commissioners Monette's account of the final transfer, in December, to the United States Views of the federalists as given by Dr. Sullivan — J. Q. Adams on this whole subject. 1802. By a secret treaty, in the year 1800, Spain had ceded the province of Louisiana to France. So soon as this fact became known in the United States, which was in the spring of 1802, it excited immediate anxiety and alarm. For the possession of the port of New Orleans, and the right to the navigation of the Mississippi, were indispensable to the prosperity, and even the quiet of the great west. It was perceived, too, at once, that the substitution of France for Spain, in a position so vitally momentous to the United States, could not be regarded with indifference, and that some steps must speedily be taken in respect to the existing condition of affairs. Collision would be certain to occur at no distant day, if the question should not be ami VOL. III.-5 | cably settled in the mean time; and so lively and general were the apprehensions of the power and activity of France, that, it is believed, the American people would have been willing to incur the certain evils of war at once, rather than run the risk of the dangers which they apprehended. It was well for our country and her interests, that by a remarkable and wholly unlookedfor change of policy on the part of Napoleon, Mr. Jefferson was enabled to avail himself of the opening to settle this disputed question. On the 18th of April, 1802, the president wrote a long letter to Mr. Livingston in Paris, on the subject of the cession of Louisiana to France, in which, with his usual perspicacity, he pointed out the new attitude which France would henceforth assume towards the United States; and he enlarged upon the inevitable consequences that must ensue, should France persist in what would appear to be her present policy, viz., an alliance between the United States and Great Britain. "Every eye in the United States," he says, in concluding his letter, "is now fixed on the affairs of Louisiana. Perhaps nothing since the Revolutionary War, has produced more uneasy sensations through the body of the nation, and in spite of our temporary bickerings with France, she still has a strong hold on our affections.* * Mr. Jefferson was excessively annoyed by the abuse heaped upon him by a fellow named Callender, who, from abusing his opponents, turned upon Jeffer son himself, and poured out upon him the full measure of his vindictive fury, because the president would not bestow upon him the postmastership of Richmond. "You will have seen by our newspapers," Jefferson wrote to Livingston, "that, with the aid of a lying renegadó from republicanism, the federalists have opened all their sluices of calumny. They say, we lied them out of power, and openly avow they will do the same by us. But it was not lies, or arguments, on our part which dethroned them, but their own foolish acts, alien laws, taxes, extravagances, and here even friendly connection, but always independent." On the 16th of October, Morales, the Spanish intendant of the province of Louisiana, issued a proclamation, prohibiting the Americans from further use of New Orleans as a place of deposit. This measure produced great excitement throughout the west. The governor of Kentucky wrote to the president, on the 30th of November, informing him of the alarm and agitation in that state; and on the 1st of December the legislature memorialized Congress on the subject. These circumstances added to Mr. Jefferson's desire to obtain the cession of New Orleans to the United States. The second session of the seventh Congress commenced some days later than usual, no quorum being present on the 6th of December. On the 15th the president sent in his mes- 1802. sage, which was chiefly occupied with the relations of the Union with other nations. It also referred to the dealings of the state of Georgia with the Indians; and to Indian affairs in other parts of the long western border line. It congratulated them on the prosperous state of the federal finances, and suggested one of the president's schemes about the navy. Opening with congratulations, and remarking, "with special satisfaction, those pleasing circumstances which, under the smiles of Providence, result from the skill, industry, and order of our citizens, managing their own affairs, in their own way, and for their own use; unembarrassed sies." Tucker's “Life of Jefferson," vol. ii., pp. by too much regulation, unoppressed 119 121. by fiscal exactions ;"-it closed in a |