CHAPTER IX

THE TRIUMPH OF DEMOCRACY IN THE UNITED STATES, 1795-1805

With the temporary shelving of British antagonism, the Federalist

administration passed its second great crisis; but it was immediately

called upon to face new and equally serious differences with France

which were ultimately to prove the cause of its downfall. The

fundamental difficulty in the political situation in America was that

the two parties were now so bitterly opposed as to render every

governmental act a test of party strength. The Republicans, who

accepted the leadership of Jefferson or of Clinton of New York,

comprised all who favoured democracy in any sense--whether that of

human equality, or local self-government, or freedom from taxes, or

sympathy with France--and all who had any grievance against the

administration, from frontiersmen whose cabins had not been protected

against Indians or who had been forced to pay a whisky tax, to seamen

whose ships had not been protected by the Jay treaty. In short, all in

whom still persisted the deep-rooted colonial traditions of opposition

to strong government and dislike of any but local authorities were

{170} summoned to oppose an administration on the familiar ground that

it was working against their liberties by corruption, usurpation,

financial burdens, and gross partisanship for England and against

France.

On the other side, the Federalists were rapidly acquiring a state of

mind substantially Tory in character. They were coming to dread and

detest "democracy" as dangerous to the family and to society as well as

to government, and to identify it with the guillotine and the

blasphemies of the Worship of Reason. In the furious attacks which,

after the fashion of the day, the opposition papers hurled against

every act of the Federalist leaders, and which aimed as much to defile

their characters as to discredit their policies, they saw a pit of

anarchy yawning. Between parties so constituted, no alternative

remained but a fight to a finish; and, from the moment the Federalists

became genuinely anti-democratic, they were doomed. Only accident or

conspicuous success on the part of their leaders could delay their

destruction. A single false step on their part meant ruin.

With the ratification of the Jay treaty, a long period of peaceful

relations began between England and the United States. The American

shipowners quickly adapted themselves to the situation, and were soon

{171} prosperously occupied in neutral commerce. In England, American

affairs dropped wholly out of public notice during the exciting and

anxious years of the war of the second coalition. The Pitt Ministry

ended, leaving the country under the grip of a rigid repression of all

liberal thought or utterance, and was followed by the commonplace

Toryism of Addington and his colleagues. Then came the Treaty of

Amiens with France, the year of peace, the renewed war in 1803, and,

after an interval of confused parliamentary wranglings, the return to

power of Pitt in 1804, called by the voice of the nation to meet the

crisis of the threatened French invasion. The United States was

forgotten, diplomatic relations sank to mere routine. Such were the

unquestionable benefits of the execrated treaty made by Jay and

Grenville.

With France, however, American relations became suddenly strained, as a

result of the same treaty. The French Republic, in the year 1795, was

finally reorganized under a definite constitution as a Directorate--a

republic with a plural executive of five. This government, ceasing to

be merely a revolutionary body, undertook to play the game of grand

politics and compelled all the neighbouring smaller States to submit to

democratic revolutions, accept a constitution on the French model, and

become {172} dependent allies of the French Republic. The local

democratic faction, large or small, was in each case utilized to carry

through this programme, which was always accompanied with corruption

and plunder to swell the revenues of France and fill the pockets of the

directors and their agents. Such a policy the Directorate now

endeavoured, as a matter of course, to carry out with the United

States, expecting to ally themselves with the Jeffersonian party and to

bribe or bully the American Republic into a lucrative alliance. The

way was prepared by the infatuation with which Randolph, Jefferson,

Madison, and other Republican leaders had unbosomed themselves to

Fauchet, and also by an unfortunate blunder which had led Washington to

send James Monroe as Minister to France in 1794. This man was known to

be an active sympathizer with France, and it was hoped that his

influence would assist in keeping friendly relations; but his conduct

was calculated to do nothing but harm. When the news of the Jay treaty

came to France, the Directorate chose to regard it as an unfriendly

act, and Monroe, sharing their feelings, exerted himself rather to

mollify their resentment than to justify his country.

In 1796 a new Minister, Adet, was sent to the United States to remain

only in case {173} the government should adopt a just policy toward

France. This precipitated a party contest squarely on the issue of

French relations. In the first place Congress, after a bitter struggle

and by a bare majority, voted to appropriate the money to carry the Jay

treaty into effect. This was a defeat for the French party. In the

second place, in spite of a manifesto issued by Adet, threatening

French displeasure, the presidential electors gave a majority of three

votes for Adams over Jefferson to succeed Washington. The election had

been a sharp party struggle, the whole theory of a deliberate choice by

electors vanishing in the stress of partisan excitement. After this

second defeat, the French Minister withdrew, severing diplomatic

relations; and French vessels began to capture American merchantmen, to

impress the country with the serious results of French irritation. The

Washington administration now recalled Monroe and sent C. C. Pinckney

to replace him, but the Directory, while showering compliments upon

Monroe, refused to receive Pinckney at all and virtually expelled him

from the country. In the midst of these annoying events, Washington's

term closed, and the sorely tried man, disgusted with party abuse and

what he felt to be national ingratitude, retired to his Virginia

estates, no longer {174} the president of the whole country, but the

leader of a faction. His Farewell Address showed, under its stately

phrases, his detestation of party controversy and his fears for the

future.

Washington's successor, Adams, was a man of less calmness and

steadiness of soul; independent, but with a somewhat petulant habit of

mind, and nervously afraid of ceasing to be independent; a man of sound

sense, yet of a too great personal vanity. His treatment of the French

situation showed national pride and dignity as well as an adherence to

the traditional Federalist policy of avoiding war. Unfortunately, his

handling of the party leaders was so deficient in tact as to assist in

bringing quick and final defeat upon himself and upon them.

The relations with France rapidly developed into an international

scandal. Adams, supported by his party, determined to send a mission

of three, including Pinckney, in order to restore friendly relations,

as well as to protest against depredations and seizures which the few

French cruisers at sea were now beginning to make. In the spring of

1798, however, the commission reported that its efforts had failed, and

Adams was obliged to lay its correspondence before Congress. This

showed that the great obstacle in the way of carrying on {175}

negotiations with the French had been the persistent demands on the

part of Talleyrand--the French Minister of Foreign Affairs--for a

preliminary money payment, either under the form of a so-called "loan"

or as a bribe outright. Such a revelation of venality struck dumb the

Republican leaders who had kept asserting their distrust of Adams's

sincerity and accusing the administration of injustice toward France.

It took all heart out of the opposition members of Congress, and

encouraged the Federalists to commit the government to actual

hostilities with the hated Democrats and Jacobins. Declaring the

treaties of 1778 to be abrogated, Congress authorized naval reprisals,

voted money and a loan, and so began what was called a "quasi-war,"

since neither side made a formal declaration. Adams, riding on the

crest of a brief wave of popularity, declared in a message to Congress

that he would never send another Minister to France without receiving

assurances that he would be received as "befitted the representative of

a great, free, powerful, and independent nation." "Millions for

defence, but not a cent for tribute!" became the Federalist watch-word;

and, when the little navy of a few frigates and sloops began to bring

in French men-of-war and privateers as prizes, the country actually

felt a thrill of pride and {176} manhood. For the moment, the United

States stood side by side with England in fighting the dangerous enemy

of civilization. American Federalist and British Tory were at one;

Adams and Pitt were carrying on the same war.

Unfortunately for the Federalists, they failed to appreciate the

fundamental differences between the situation in England and in the

United States, for they went on to imitate the mother country not

merely in fighting the French, but in seeking to suppress what they

felt to be dangerous "Jacobinical" features of American politics. In

the summer of 1798, three laws were enacted which have become

synonymous with party folly. Two--the Alien Acts--authorized the

President at his discretion to imprison or deport any alien, friend or

enemy; the third--the Sedition Act--punished by fine and imprisonment

any utterance or publication tending to cause opposition to a federal

law or to bring into contempt the federal government or any of its

officers. Such statutes had stood in England since 1793 and were used

to suppress democratic assailants of the monarchy; but such a law in

the United States could mean nothing more than the suppression by

Federalist courts of criticisms upon the administration made by

Republican newspapers. {177} It furnished every opposition agitator

with a deadly weapon for use against the administration; and when the

Sedition Law was actually enforced, and a half-dozen Republican editors

were subjected to fine or imprisonment for scurrilous but scarcely

dangerous utterances, the demonstration of the inherently tyrannical

nature of the Federalists seemed to be complete. It was an

unpardonable political blunder.

Equally damaging to the prosperity of the Federalist party was the fact

that the French Republic, instead of accepting the issue, showed a

complete unwillingness to fight, and protested in public that it was

having a war forced upon it. Talleyrand showered upon the United

States, through every channel, official or unofficial, assurances of

kindly feelings, and, so soon as he learned of Adams's demand for a

suitable reception for an American Minister, gave the required

assurance in his exact words. Under the circumstances, the war

preparations of the Federalists became visibly superfluous, especially

a provisional army which Congress had authorized under Hamilton as

active commander. The opposition press and speakers denounced this as

a Federalist army destined to act against the liberties of the people;

and the administration could point to no real danger to justify its

existence.

{178}

So high ran party spirit that the Virginian leaders thought or affected

to think it necessary to prepare for armed resistance to Federalist

oppression; and Madison and Jefferson, acting through the State

legislatures of Virginia and Kentucky respectively, caused the adoption

of two striking series of resolutions stating the crisis in Republican

phraseology. In each case, after denouncing the Alien and Sedition

laws as unconstitutional, the legislatures declared that the

constitution was nothing more than a compact between sovereign States;

that the Federal government, the creature of the compact, was not the

final judge of its powers, and that in case of a palpable usurpation of

powers by the Federal government it was the duty of the States to

"interpose," in the words of Madison, or to "nullify" the Federal law,

as Jefferson phrased it. Such language seemed to Washington, Adams,

and their party to signify that the time was coming when they must

fight for national existence; but to the opposition it seemed no more

than a restatement of time-hallowed American principles of government,

necessary to save liberty from a reactionary faction. Party hatred now

rivalled that between revolutionary Whigs and Tories.

Under these circumstances the election of 1800 took place. The

Federalist party {179} leaders, feeling the ground quaking under them,

clung the more desperately to the continuance of the French "quasi-war"

as their sole means for rallying popular support. But at this stage

President Adams, seeing the folly of perpetuating a sham war for mere

party advantage, determined to reopen negotiations. This precipitated

a bitter quarrel, for the members of his Cabinet and the leading

congressmen still regarded Hamilton, now a private citizen in New York,

as the real leader, and followed him in urging the continuance of

hostilities. Adams, unable to manage his party opponents openly, took

refuge in sudden, secret, and, as they felt, treacherous conduct and

sent nominations for a new French mission without consulting his

advisers. The Federalist Senate, raging at Adams's stupidity, could

not refuse to ratify the appointments, and so in 1799 the new mission

sailed, was respectfully received by Bonaparte, and was promptly

admitted to negotiations.

The Federalist party now ran straight toward defeat; for, while the

leaders could not avoid supporting Adams for a second term, they hated

him as a blunderer and marplot. On his part, his patience exhausted,

Adams dismissed two of his secretaries, in a passion, in 1800. Later,

through the wiles of Aaron Burr, Republican leader in New {180} York, a

pamphlet, written by Hamilton to prove Adams's utter unfitness for the

Presidency, was brought to light and circulated. Against this

discredited and disorganized party, the Republicans, supporting

Jefferson again for the Presidency and thundering against the Sedition

Law, triumphantly carried a clear majority of electoral votes in the

autumn; but by a sheer oversight they gave an equal number for

Jefferson and for Burr, who was only intended for Vice-president.

Hence under the terms of the constitution it became necessary for the

House of Representatives to make the final selection, voting by States.

It fell thus to the lot of the Federalist House of 1800-1801 to choose

the next President, and for a while the members showed an inclination

to support Burr, as at least a Northerner, rather than Jefferson. But

better judgments ruled, and finally Jefferson was awarded the place

which he had in fairness won. The last weeks of Federalist rule was

filled with a discreditable effort to save what was possible from the

wreck. New offices were established, including a whole system of

circuit judgeships; and Adams spent his time up to the last hour of his

term in signing commissions, stealing away in the early morning in

order not to see the inauguration of his rival.

{181}

So fell the Federalist party from power. It had a brilliant record in

legislation and administration; it had created a new United States; it

had shown a statesmanship never equalled before or since on the

American continent; but it ruined itself by endeavouring openly to

establish a system of government founded on distrust of the people, and

modelled after British precedents. For a few years, England and the

United States approached nearer in government and policy than at any

other time. But, while in England a large part of society--the

nobility, gentry, middle classes, the professions, the church, and all

strong political elements--supported Pitt in suppressing free speech

and individual liberty, the Federalists represented only a minority,

and their social principles were abhorrent to the vast majority of the

inhabitants of the United States.

The Republican party, which conquered by what Jefferson considered to

be a revolution no less important than that of 1776, represented a

reaction to the old ideals of government traditional in colonial

times,--namely as little taxation as possible, as much local

independence as could exist, and the minimum of Federal authority.

Jefferson professed to believe that the conduct of foreign relations

was the only important function of the central government, {182} all

else properly belonging to the States. So complete was the Republican

victory that the party had full power to put its principles into

effect. It controlled both Houses of Congress, and was blessed with

four years of peace and prosperity. Thomas Jefferson, for all his

radicalism in language, was a shrewd party leader, whose actions were

uniformly cautious and whose entire habit of mind favoured avoidance of

any violent change. "Scientific" with the general interests of a

French eighteenth-century "philosopher," he was limited in his views of

public policy by his education as a Virginia planter, wholly out of

sympathy with finance, commerce, or business. Under his guidance,

accordingly, the United States government was subjected to what he

called "a chaste reformation," rather than to a general overturning.

All expenses were cut down, chiefly at the cost of the army and navy;

all appropriations were rigorously diminished, and all internal taxes

were swept away. Since commerce continued active, there still remained

a surplus revenue, and this Gallatin, the Secretary of the Treasury,

applied to extinguishing the debt. A few of the more important Federal

offices were taken from embittered Federalists and given to

Republicans, but there was no general {183} proscription of

office-holders. The only action at all radical in character was the

repeal of the law establishing new circuit judgeships, a step which

legislated a number of Federalists out of office. The repeal was

denounced by fervid Federalist orators as a violation of the

constitution and a death-blow to the Union; but the appointments under

the law itself had been so grossly partisan that the country was

unalarmed. With these steps the Republican reaction ended. Jefferson

and his party carried through no alteration of the central departments;

they abandoned no Federal power except that of imposing an excise; they

did not even repeal the charter of the National Bank. The real change

lay in the more strictly economical finances and in the general spirit

of government. The Federalist opposition, criticizing every act with

bitterness and continually predicting ruin, found that under the

"Jacobins" the country remained contented and prosperous and was in no

more danger of atheism or the guillotine than it had been under Adams.

So matters went on, year after year, the Federal government playing its

part quietly and the American people carrying on their vocations in

peace and prosperity.

Jefferson's general theory of foreign affairs was based on the idea

that diplomacy was {184} mainly a matter of bargain and sale, with

national commerce as the deciding factor. He believed so firmly that

national self-interest would lead all European powers to make suitable

treaties with the United States that he considered the navy as wholly

superfluous, and would have been glad to sell it. But when

circumstances arose calling for a different sort of diplomacy, he was

ready to modify his methods; and he so far recognized the unsuitability

of peaceful measures in dealing with the Barbary corsairs as to permit

the small American navy to carry on extensive operations during 1801-3,

which ended in the submission of Tripoli and Algiers.

Simultaneously, Jefferson was brought face to face with a diplomatic

crisis, arising from the peculiar actions of his old ally, France. At

the outset of his administration, he found the treaty made by Adams's

commissioners in 1800 ready for ratification, and thus began his career

with all questions settled, thanks to his predecessor. But he had been

in office only a few months when the behaviour of the Spanish officials

at New Orleans gave cause for alarm; for they suddenly terminated the

right of deposit, granted in 1795. It was quickly rumoured that the

reason was to be found in the fact that France, now under the First

Consul, Napoleon, {185} had regained Louisiana. It was, in fact, true.

Bonaparte overthrew the Directory in 1799 and established himself,

under the thin disguise of "First Consul," as practical military despot

in France. He had immediately embraced the idea of establishing a

western colonial empire, which should be based on San Domingo, now

controlled by insurgent negroes, and which should include Louisiana.

By a treaty of October 1, 1800, he compelled Spain to retrocede the

former French province in return for a promise to establish a kingdom

of "Etruria" for a Spanish prince. During 1802 large armaments sailed

to San Domingo and began the process of reconquest. It needed only the

completion of that task for Napoleon to be ready to take over

Louisiana, and thereby to gain absolute control over the one outlet

from the interior territories of the United States.

Jefferson at once recognized the extreme gravity of the situation.

During the years after the English, Spanish, and Indian treaties,

emigrants had steadily worked their way into the inner river valleys.

Western New York and Pennsylvania were rapidly filling, Ohio was

settled up to the Indian treaty line, Kentucky and Tennessee were

doubling in population, and fringes of pioneer communities stretched

along the Ohio and {186} Mississippi rivers. In 1796 Tennessee was

admitted as a State, and Ohio was now, in 1801, on the point of asking

admission. For France to shut the only possible outlet for these

communities would be a sentence of economic death; and Jefferson was so

deeply moved as to write to Livingston, his Minister to France, that if

the rumour of the cession were true, "We must marry ourselves to the

British fleet and nation." The United States must fight rather than

submit. He sent Monroe to France, instructed to buy an outlet, but the

latter only arrived in time to join with Livingston in signing a treaty

for the purchase of the whole of Louisiana.

This startling event was the result of the failure of Napoleon's forces

to reconquer San Domingo. Foreseeing the loss of Louisiana in case of

the probable renewal of war with England, and desirous of money for

immediate use, the Corsican adventurer suddenly threw Louisiana into

the astonished hands of Livingston and Monroe. He had never, it is

true, given Spain the promised compensation; he had never taken

possession, and he had promised not to sell it; but such trifles never

impeded Napoleon, nor, in this case, did they hinder Jefferson. When

the treaty came to America, Congress was quickly convened, the Senate

voted to ratify, the money was appropriated, and the whole {187} vast

region was bought for the sum of sixty million francs. Jefferson

himself, the apostle of a strict construction of the constitution,

could not discover any clause authorizing such a purchase; but his

party was undisturbed, and the great annexation was carried through,

Jefferson acquiescing in the inconsistency.

The chagrin of the Federalists at this enormous south-westward

extension of the country was exceeded only by their alarm when an

attempt was made to eject certain extremely partisan judges from their

offices in Pennsylvania and on the Federal bench by the process of

impeachment. In the first two cases the effort was successful, one

Pennsylvania judge and one Federal district judge being ejected; but

when, in 1805, the attack was aimed at the Pennsylvania supreme

justices and at Justice Chase of the United States Supreme Court, the

process broke down. The defence of the accused judges was legally too

strong to be overcome, and each impeachment failed. With this the last

echo of the party contest seemed to end, for by this time the

Federalists were too discredited and too weak to make a political

struggle. Their membership in Congress had shrunk to small figures,

they had lost State after State, and in 1804 they practically let

Jefferson's re-election go by default. He received all but fourteen

{188} electoral votes, out of 176. Some of the New England leaders

plotted secession, but they were not strong enough for that. The party

seemed dead. In 1804 its ablest mind, Hamilton, was killed in a duel

with Burr, the Vice-president, and nobody remained capable of national

leadership.

So the year 1805 opened in humdrum prosperity and national

self-satisfaction. Jefferson could look upon a country in which he

held a position rivalled only by that of a European monarch or an

English prime minister. The principles of Republican equality, of

States' rights, of economy and retrenchment, of peace and local

self-government seemed triumphant beyond reach of attack. While Europe

resounded with battles and marches, America lived in contented

isolation, free from the cares of unhappy nations living under the

ancient ideals.

{189}

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