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Hence the federal axiom, that the public debt is a public blessing. Shortly after this event, an Indian war sprang up, I will not say by what means; in consequence of which, an army was added to the list of patronage. The Algerines commenced a predatory war upon the commerce of the United States, and thence a navy formed a new item of patronage. Taxes became necessary to meet the expenses of this system, and an arrangement of internal taxes, an excise, &c. &c. still swelled the list of patronage. But the circumstance, which most favored this system, was the breaking out of a tremendous and unprecedented war in those countries of Europe with which the United States had the most intimate relations. The feelings and sympathies of the people of the United States were so strongly attracted by the tremendous scenes existing there, that they considered their own internal concerns in a secondary point of view. After a variable conduct had been pursued by the United States in relation to these events, the depredations committed upon commerce, and the excitements produced thereby, enabled the administration to indulge themselves in a more decisive course, and they at once pushed forward the people to the X. Y. Z. of their political alphabet, before they had well learned and understood the A. B. C. of the principles of the administration.

Armies and navies were raised, and a variety of other schemes of expense were adopted, which placed the administration in the embarrassing predicament, either to violate their faith with their public creditors, or to resort to new taxes. The latter alternative was preferred, accompanied with other strong coercive measures to enforce obedience. A land tax was laid for two millions of dollars. This measure awakened the people to a sense of their situation, and shook to the foundation all those federal ramparts which had been planned with so much ingenuity, and erected around the executive with so much expense and labor. Another circumstance peculiarly favora

ble to the advocates of executive patronage, was, that during the two. first presidential terms, the chief executive magistrate possessed a greater degree of popularity and the confidence of the people than ever was, or perhaps ever will be again attached to the person occupying that dignified station. The general disquietude which manifested itself, in consequence of these enterprising measures, in the year 1800, induced the federal party to apprehend that they had pushed their principles too far, and they began to entertain doubts of the result of the presidential election, which was approaching. In this state of things it was natural for them to look out for some department of the government, in which they could entrench themselves in the event of an unsuccessful issue in the election, and continue to support those favorite principles of irresponsibility which they could never consent to abandon.

The judiciary department, of course, presented itself as best fitted for their object, not only because it was already filled with men who had manifested the most indecorous zeal in favor of their principles, but because they held their offices by indefinite tenures, were not subject to periodical appointments, and of course were further removed from any responsibility to the people, than either of the other departments. Accordingly, on the 11th of March, 1800, a bill for the more convenient organization of the courts of the United States, was presented to the House of Representatives. This bill appears to have had for its objects, first, the gradual demolition of the state courts, by increasing the number, and extending the jurisdiction of the federal courts. Second, to afford additional protection to the principles of the then existing administration, by creating a new corps of judges of concurring political opinions. This bill, however, was not passed into a law during that session of Congress, perhaps from an apprehension, that it would tend to increase the disquietudes which other measures had before excited, and therefore operate unfavorably to the approaching

presidential election. At the next session, after the result of the late election was ascertained, the bill, after having undergone some considerable alterations, was passed into the law now under discussion. This law, it is now said, is inviolable and irrepealable. It is said, the independence of the judges will be thereby immolated. Yes, sir, this law is now considered as the sanctuary of the principles of the last administration, and the tenures of the judges as the horns of inviolability within that sanctuary. We are now called upon to rally around the constitution as the ark of our political safety. Gentlemen, discarding all generalizing expressions, and the spirit of the instrument, tie down all construction to the strict letter of the constitution. It gives me great pleasure to meet gentlemen on this ground; and the more so because I have long been in the habit of hearing very different language from the same gentlemen. I have long been in the habit of hearing the same gentlemen speak of the expressions of "the common defence and general welfare," as the only valuable part of the constitution; that they are sufficient to obliterate all the specifications, and the limitations of power. That the constitution is a mere nose of wax, yielding to every impression it receives. That every opening wedge," which is driven into it, is highly beneficial, in severing asunder the limitations and restrictions of power. That the republicanism it secures, means any thing or nothing. It gives me, therefore, great pleasure at this time, to obey the injunctions of gentlemen in rallying round the constitution as the ark of our political safety, and of interpreting it by the plain and obvious meaning and letter of the specified powers. But, as if it is always the unfortunate destiny of these gentlemen to be upon extremes, they have now got round to the opposite extreme point of the political compass, and even beyond it. For, they not only tie down all construction to the letter of the instrument, but they tell us, that they see, and call upon us also to see written therein, in large

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capital characters, "the indefinite independence of judges;" which, to the extent they carry the meaning of the term, is neither to be found in the letter or spirit of that instrument, or in any other political establishment, I believe, under the sun. I rejoice that this subject is now to be discussed, and I think the crisis peculiarly auspicious for the discussion. The European world, with which the United States have the most relations, is now tranquilized. The tremendous scenes of blood and revolution, which have agitated that portion of the globe, have at length subsided into profound peace; and have left mankind, in silent amazement, to retrospect the wonderful events which are passed; and I hope, with calm deliberation, to improve the lessons they have furnished for the benefit of mankind in time to come. The interests and sympathies, which the people of the United States felt in these events, no longer turn their attention from their own internal concerns; arguments of the highest consideration for the safety of the constitution, and the liberty of the citizens, no longer receive the short reply, French partizans! Jacobins! Disorganizers! And although the gentleman from North Carolina, sees, or thinks he sees, the destructive spirit mount in the whirlwind and direct the storm, let him be consoled by the information, "that all these our actors are mere spirits and are dissolved into thin air." Yes, sir, these magical delusions are now vanished, and have left the American people and their Congress, in their real persons, and original American characters engaged in the transaction of American concerns.

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Upon taking a view of our internal situation, although party rage may not be done away, it may be said, its highest paroxysm is past. And although the gentleman from New York, (Mr. T. Morris,) yesterday observed, that the President had commenced a system of persecution, so ignorant am I of the existence of such a system, that I cannot conceive to what the gentleman alluded. It is some time, Mr. Chairman.

since a member of this House, and sundry printers throughout the United States, were amerced and imprisoned to appease the vengeance of an unconstitutional sedition act, merely for publishing their own sentiments, which happened to be unpalatable to the then existing administration! It is some time, sir, since we have seen judges, who ought to have been independent, converted into political partizans, and like executive missionaries, pronouncing political harangues throughout the United States! It is some time, sir, since we have seen the zealous judge stoop from the bench to look out for more victims for judicial vengeance! It is some time, since we have seen the same judicial impetuosity drive from the bar the most respectable counsel, who humanely proposed to interpose between a friendless and unprotected man and the judicial vengeance to which he was doomed! It is some time, sir, since we have seen the same judicial zeal extending the provisions of the sedition act, by discovering that it had jurisdiction of the lex non scripta, or common law! It is some time, since we have seen the chief executive magistrate dooming to humiliation, ‘in dușt and ashes,' a great portion of the American people! Yes, sir, these terrific scenes are past. These noisy declamations, and this judicial zeal, are hushed into silence by the audible pronunciation of the public will. We may even indulge the hope, Mr. Chairman, that our pulpits will not much longer be converted into political forums; and that the meek and humble teachers of the christian faith, instead of stirring up all the angry and destructive passions of the human mind, will ere long once more condescend to teach those precepts of humility, forbearance and toleration, taught them by their divine preceptor. Those precepts so essential to the discovery of truth, by pre-disposing the mind to deliberation and reflec

tion.

The present executive, pursuing the general good, and supported by the general confidence, stands not in

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