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the Government to relieve the people from the burdens of a profligate policy." "If," it added, "the French Agent should indeed offer terms for the discharge of our debts to the Batavian Republic, and take the instalments in provisions, we believe it would be accepted by all parties, and our Government ought to embrace the overture.”

The grossness of this attempt to make the influence that France exerted over the Batavian Republic, which she had so recently plundered, subservient to her own wants, by compelling that Republic to permit the United States to pay to France the debt due to the Dutch proprietors, need only be stated. That it was to be paid by this country in provisions does not vary its character. It was a mere repetition of the former policy of appealing to the interests of individuals, known as "flour merchants ;" and of engaging them to exert their influence on the councils of the Administration.

Many confidential conversations were held by Pichon, the French Chargé d'Affaires, on this subject. Having been informed that the Executive could not enter into such an arrangement "without the interference of Congress," he waited on several members of both Houses to know their sentiments.† Many of them evinced a disposition favorable to the application. In the mean time, Hamilton was apprized of what was passing. Not believing that "our Government ought to embrace the overture," he caused a publication to be made of the contemplated transaction exhibiting it in all its turpitude. The project was abandoned; and to escape public indignation ―a statement was given "from authority," that the inten

* Infra, vi. 72.

The Aurora. The statement gives the evidence of the facts it undertakes to controvert.

Evening Post, March 27, 1802.

tion to make the application existed, but that it was not made;--that the disposition to make it was produced by official information, that a large part of the St. Domingo fleet would put into our ports, and the utter inability of the French Minister to provide for it by bills on Francebut that the application was subsequently withheld, in consequence of information, that the fleet would not come; and that this step of the French Chargé, "without special authority," (the plea of necessity being superseded,) was not warrantable.

Thus an agent of the despotic Government of Buonaparte is represented as undertaking, "without special authority," to enter into a negotiation for the transfer to France of a debt due to the citizens of another power, and without their being consulted, amounting nearly to ten millions of dollars, in order to provide for a part of a St. Domingo fleet!

CHAPTER CLX.

THUS far the innovations of the Democratic party were such, as a wise statesman would deplore, but might justly hope that the energies of this rapidly advancing country would surmount; perhaps, that it would correct its own delusions, and retract its errors.

This hope was fondly indulged and cherished by Hamilton. Referring to the events which were passing, he remarked, while standing on his house-top, tracing the rich outline of the distant landscape, for his mind was always dwelling on the welfare of the people: "Were it possible to ruin such a country, Jefferson would ruin it. Madison, having attained the object of his ambition, will return to his real sentiments." But a measure was now brought forward and pressed with an earnestness which exceeded all of evil he had foreboded, and filled him with the deepest solicitude.

In his efforts to give stability to the other departments of the Government Hamilton had been disappointed, but to the Judiciary of the United States that independence had been secured which was essential to the administration of justice-" peculiarly essential," he observed, “in a limited Constitution." Though subject to impeachment for official misconduct, the Judiciary, by their permanency in office, "a quality," he said, "which may justly

be regarded as an indispensable ingredient in its Constitution, and, in a great measure, as the CITADEL of the public justice and the public security," and by their fixed compensation, were placed beyond the reach of party.

Unless the patronage of the Executive should be so far prostituted as to barter these high trusts for partisan servility, (an abuse he was unwilling to anticipate in an enlightened age,) this great depository of national honor, · interest and safety could not be assailed without an inroad upon the great Charter of the Republic.

The originating of this great tribunal of all-pervading justice has been traced to Hamilton. He had succeeded by his construction of this department of the Government, in imparting to it all the completeness of his own expanded genius. Whether regarded in respect to the rights conferred upon it, the offices to be performed by it, or the parties under its jurisdiction, it is the highest, the most commanding Court ever constituted-at the same time, the guardian and the handmaid of the Constitution.

If Hamilton was keenly alive to all its value, and, as essential to that value, to the preserving of the independence of the judges, Jefferson was most hostile to it. Writing to Madison during the discussion of the law for the amendment of the Judiciary system, when Vice-President, he observed, "They have got their Judiciary bill forwarded to commitment. I dread this above all the measures meditated, because appointments in the nature of freehold render it difficult to undo what is done." "All appointments to civil offices during pleasure, made after the event of the election was certainly known to Adams," he considered, "as nullities." "I do not view," he wrote, "the persons appointed as even candidates for the office, but make others without noticing or notifying them." But as to the appointments to judicial offices

during good behavior, "it was difficult to undo them." Certain persons had been nominated to the Senate by Adams for such appointments, whose nominations were confirmed. Their commissions had been signed by the President, and sent to the office of the Secretary of State, to be recorded and transmitted. The appointments were publicly announced. The press of business at the close of the session prevented a record of them being made. The commissions were confided to the integrity of the person who should be appointed by Jefferson to that department.

One of the first of Madison's acts was to withhold these commissions. Aware of the illegality of this act and anxious to escape public censure, an outline of the reasons of it, prepared with much art, was published in the official gazette.* The injured parties applied to the Supreme Court for a mandamus, commanding Madison to deliver the commissions to the persons who had been appointed.

Whatever his professions, Jefferson could not brook the existence of any power, however constitutional, that was above or independent of his will. Nor was the day far distant, when exalted by a political success wholly fortuitous, he disclosed the uncontrollable force claimed for this executive will. "You seem to think, it devolved on the Judges to decide on the validity of the Sedition law" and of course, of any other law. "But nothing in the Constitution has given them a right to decide for the Executive, more than to the Executive to decide for them. Both magistrates are equally independent in the sphere of action assigned to them. But the opinion which gives to the Judges the right to decide what laws are constitu

* National Intelligencer, April 31, 1801. VOL. VII.-35

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