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Jefferson's Character.

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meant a complete change in the government which they had been laboring to establish. Jefferson was to them Character of the type of dangerous liberality in thought, in Jefferson. 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.

faults.

Jefferson's great defect was a mistaken view of human nature; this showed itself in an unfortunate judgment Jefferson's 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 statesmanship; 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 William Pitt the younger and Napoleon

his time, Bonaparte. Fortunately his administration began at a period when general peace seemed approaching. The treaty of Amiens in 1802 made a sort of armistice between Moderate policy. France and Great Britain, and neutral com. merce 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 reassure 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."

Purpose to win the Federalists.

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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

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Fefferson's Policy.

179

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).

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. Jefferson's a letter written March 24, 1801: "I will exprinciples. punge 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 Constitution?

removals.

Adams was promptly rebuked by the removal of twenty. four persons appointed in the two months previous. Political Other removals were made for what would now be called "offensive partisanship." Then came a third group of removals, in order, as Jefferson said, "to make some room for some participation 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

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T

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.

Nor did Jefferson adhere to his purpose to appoint Federalists and Republicans indiscriminately after the Appointbalance 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.

ments.

96. Attack on the Judiciary (1801-1805).

Moderation in Jefferson's mind did not extend to the judiciary which had been forced upon the country by the Repeal of the Federalists in 1801. At his suggestion BreckJudiciary Act. enridge, in 1802, moved to repeal the recent Act, and thus to get rid at once of the new courts and of the incumbents. The Federalists protested that the Constitution was being destroyed. "I stand," said Gouverneur Morris, "in the presence of Almighty God 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 passed 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.

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Attack on the Fudiciary.

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The narrow majority in the Senate warned Jefferson not to proceed farther with such statutes; but the judiImpeachciary could be affected in another way. Sevments. eral of the supreme and district judges were ardent Federalists, and had expressed strong political opinions from the bench. In February, 1803, the House impeached John Pickering, district judge in New Hampshire; his offence was drunkenness and violence on the bench; but the purpose to intimidate the other judges was unmistakable. Two of them accepted the issue. The Marbury vs. Supreme Court had resumed its session only a Madison. few days, when, in 1803, Marshall made a decision in the case of Marbury vs. Madison. Marbury was one of Adams's "midnight appointments; " the suit was brought for his commission, which had not been delivered, and was retained by Madison when he became Secretary of State. Marshall decided that "to withhold his commission is an act deemed by the court not warranted by law, but violative of a legal vested right." Upon a technical point, however, the complaint was dismissed.

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Further defiance came from another justice of the Supreme Court, Samuel Chase of Maryland. His preju dice against Callender on his trial for sedition Chase trial. had exasperated the Republicans (§ 89), and on May 2, 1803, while the Pickering impeachment was impending, Chase harangued the grand jury as follows: "The independence of the national judiciary is already shaken to its foundation, and the virtue of the people alone can restore it. . . . Our republican constitution will sink into a mobocracy, . . . the worst of all possible governments." Pickering was convicted March 12, 1804, and on the same day the House impeached Chase. By this time the Republicans had overshot the mark, and notwithstanding Chase's gross partisanship, on March 1,