in numbers. The recent hostilities with Tripoli, and the efficient measures we had taken to defend our commerce in the Mediterranean were stated, and further measures as to this and the other Barbary powers were recommended.

Passing then to matters of internal policy, he mentions the late census, which indicates a duplication of numbers in little more than twenty-two years-an increase of revenue far greater than that of population; and that although it would probably be effected by our foreign relations, yet he thought we might dispense with all the internal taxes, excise, and the postage on newspapers.

He suggests, however, that this diminution of burthens must be accompanied by a diminution of expense: he recommends a reduction of the civil list, the army and navy, and says he has already begun the reduction when he had the powers of multiplying barriers against public waste, "by appropriating specific sums to every specific purpose susceptible of definition; by disallowing all applications of money varying from the appropriation in object, or transcending it in amount; by reducing the undefined field of contingencies, and thereby circumscribing discretionary powers over money; and by bringing back to a single department all accountabilities for money, where the examinations may be prompt, efficacious, and uniform."

An attention to the militia, as our main reliance for defence, is earnestly pressed. As to the navy, while he admits that a small force will probably be needed for the Mediterranean service, he thinks the other expenditure had better be in providing such articles as may be kept without waste, until any public exigency required them. Fortifications and navy yards are mentioned in a way to lessen the amount ordinarily expended on them, rather than to keep it up. After stating that "Agriculture, manufactures, commerce, and navigation, the four pillars of our prosperity, are then most thriving when left most free to individual enterprise," he admits that "protection from casual embarrassment, however, may sometimes be seasonably interposed." He calls the attention of Congress to the judiciary system, and especially that portion of it recently erected, and

promises to furnish them with statements of the business previously depending in the courts, that they may judge of the proportion between the courts and the duties assigned to them. The importance of jury trial and their impartial selection is also recommended to their notice. He concludes with recommending a revisal of the laws of naturalization, and suggests that a residence of fourteen years, as was then one of the requisites, was too long. "And shall we refuse," he asks, "to the unhappy fugitives from distress that hospitality which the savages of the wilderness extended to our fathers arriving in this land? Shall oppressed humanity find no asylum on this globe?"

This message, as was to be expected, was vehemently assailed by the federal party. 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, but 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 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. Among these attacks, one of the most distinguished both for talent and bitterness, was a pamphlet attributed to Alexander Hamilton, which after bestowing the harshest strictures on every part of the message, and a warm panegyric on the policy of the preceding administrations, interspersed with sarcasms on the personal character of the president, concludes in the following strain of scornful obloquy: "Consummate in the paltry science of courting and winning popular favour, they falsely infer that they have the capacity to govern, and they will be the last to discover their error. But let them be assured that the people will not long continue the dupes of their pernicious sorceries. Already the cause of truth has derived this advantage from the crude essays of their chief, that the film has been removed from many an eye. The credit of great abilities was allowed him by a considerable portion of those who disapproved his principles, but the short space of nine months has been amply sufficient to dispel that illusion; and even some of his most partial votaries begin to suspect, that they have been mistaken in the object of their idolatry."

Mr. Jefferson had however the consolation of knowing that his course, so obnoxious to his adversaries, was approved by his friends, who constituted a great majority of the American people; and, confident it was adapted to the solid interests of the nation as well as suited to its ruling tastes, he trusted to time to justify him in the eyes of the fairer portion even of his opponents. In this expectation he was not disappointed.

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CHAPTER V.

The PubThe PresiCession of

the United Views of the

Proposed reforms of the Administration Party. Recent Judiciary Law-views of parties as to its repeal. Internal Taxes. lic Debts-mistaken views of both parties concerning it. dent's Financial Views. Convention with England. Louisiana to France. Lively interest excited by it in States. Mr. Jefferson's instructions to Mr. Livingston. effect of the Cession at Louisiana. Callender's Libels. Delaware. Forbearance towards his opponents. The right of deposit at New Orleans interdicted by Spain. Meeting of Congress. Annual Message. Dry Docks. Resolution on the conduct of Spain. Mr. Monroe's mission to France—motives for the appointment.

1801-1802.

Piers in the

In this Congress, by reason of the recent favourable changes in some of the states, the republican party had a small majority in both Houses. They therefore determined to carry their plans of reform and economy into execution, whilst their adversaries prepared to resist their schemes to the utmost, by every means which wit, logic, or legislative tactics could effect. The two great objects of party contest, were the repeal of the internal taxes, and of the law which created a new set of federal courts at the preceding session.

The circumstances under which this alteration in the judicial system was made had given great offence to the republican party, and had furnished them with a copious theme of reproach against their adversaries. It was insisted that the system, as

previously organized, was fully competent to the performance of all the business brought before them, limited as was the jurisdiction of the federal courts to the cases specified by the constitution, and that one class of the suits there litigated, that of British debts, which had hitherto furnished the principal part of their business, was every day growing less. The creation then of twenty-four new courts, when the business in those already established was declining rather than decreasing, was regarded as merely making provision for that number of federal partizans at the public expense. It was further said that even if the public interest had called for this addition to the number of federal judges, it would have been but an act of decent respect for the majority of the community, to allow the president elect to appoint the judges, especially as all those previously appointed belonged to the federal party. But the injustice was aggravated by the utter disregard of the feelings and wishes of the majority, and the earnest, and even indecorous impatience manifested to exercise power to the last moment, for the benefit of a party too, on which the people had passed a sentence of condemnation. This law having received the president's signature on the 13th of February, there was of course less than three weeks for the appointments to be made and to pass the senate, and to effect their purpose in so short a time it is said that the signing of some of the commissions of the judges was not completed until the last hour of the last day of Mr. Adams's administration. It was in allusion to this fact that they were often then called in derision, "the midnight judges."

This law and these appointments then was so generally regarded by the republican party as a gross abuse of power, and under the forms of laws, as a fraud on the rights of the majority, that they were well inclined to annul the act, by a repeal of the law, if it could be done consistently with the constitution, one of the provisions of which seemed at first view to forbid it. Legal acumen was therefore put in requisition to interpret that instrument so as to surmount the difficulty, and according to the ordinary effect of such mental process, it was finally successful.