CHAPTER XI.

THE Bill repealing the new Judiciary Act, having passed the Senate,

February 3, was taken into consideration by the House, in Committee of

the Whole, February 4, and caused the chief debate of the session. By

common consent Giles and Bayard were accepted as the champions of the

two parties, and their speeches were taken as the official arguments

on either side. The men were equal to their tasks. For ten years

William Branch Giles had been the most active leader of the extreme

Republicans. A Virginian, born in 1762, he began his career as a Member

of Congress in 1791, by opposing the creation of a national bank. In

1793 he distinguished himself by an attack on Secretary Hamilton,

charging him with peculation. In 1796 he led the opposition to Jay’s

Treaty. After opposing Washington’s administration with consistency and

severity during six years, he retired from Congress in 1798 in order to

oppose Washington’s successor with more effect in the legislature of

Virginia. With James Madison, John Taylor of Caroline, and Wilson Cary

Nicholas, he had taken an active part in the Resolutions of 1798, and

his remarks in the debate of December, 1798, showed that he carried the

extreme conclusions of the Virginia school to their extreme practical

consequences.[61] He “said that the measures of our present government

tended to the establishment of monarchy, limited or absolute.... If

... the government were a social compact, he pronounced monarchy to be

near at hand, the symptoms and causes of which he particularly pointed

out; and concluded that the State legislatures alone, at this time,

prevented monarchy.” In language perfectly intelligible to his friends

he hinted that his party “had no arms, but they would find arms.” Even

men naturally benevolent, like Jefferson, could rarely resist the

conviction that the objects of political opponents were criminal, but

Giles exceeded every prominent partisan on either side by the severity

of his imputations. As late as June, 1801, he wrote from Richmond to

President Jefferson:[62] “The ejected party is now almost universally

considered as having been employed, in conjunction with Great Britain,

in a scheme for the total destruction of the liberties of the people.”

No man in the Union was more cordially detested by the Federalists;

and even between parties that held each other in little or no respect,

few men of so much eminence were so little respected as Giles. The

dislike and distrust were mutual. Giles’s nature was capable of no

pleasure greater than that of exasperating his Federalist opponents;

and he rarely enjoyed a better opportunity for irritation than on

Feb. 18, 1802, when, with a great majority behind him, and with the

consciousness of triumph attained, he broke into the dull debate on the

Judiciary Bill.

Both sides were weary of the narrow question whether Congress had the

power to remove Judges by legislation. Whether such a power existed

or not, every one knew that the Republican majority meant to use it,

and the Federalists were chiefly anxious to profit by the odium they

could attach to its abuse. The Federalists, in a character new to

them, posed as the defenders of the Constitution against sacrilegious

attacks; while the Republicans, for the first time in their history

as a party, made light of constitutional objections, and closed their

ears to warnings in which they had themselves hitherto found their

chief rhetorical success. With Giles’s appearance on the floor the

tedious debate started into virulence. He began by insinuating motives,

as though he were still discussing the Alien and Sedition Laws in the

Virginia legislature of 1798: “A great portion of the human mind,” he

began, “has been at all times directed toward monarchy as the best form

of government to enforce obedience and insure the general happiness;

whereas another portion of the human mind has given a preference to

the republican form as best calculated to produce the same end.” On

this difference of opinion the two parties had been founded, the

one wishing “to place in executive hands all the patronage it was

possible to create for the purpose of protecting the President against

the full force of his constitutional responsibility to the people;”

the other contending “that the doctrine of patronage was repugnant

to the opinions and feelings of the people; that it was unnecessary,

expensive, and oppressive; and that the highest energy the government

could possess would flow from the confidence of the mass of the people,

founded upon their own sense of their common interest.” Thus patronage,

or in other words the creation of partial interests for the protection

and support of government, had become the guiding principle of the

Federalists. For this purpose the debt was funded; under cover of an

Indian war, an army was created; under cover of an Algerine war, a

navy was built; to support this system, taxation was extended; and

finally, by availing itself of French depredations on commerce, the

Administration succeeded in pushing all the forms of patronage to an

extreme. When the people at last rebelled, and the Federalists saw

themselves in danger, “it was natural for them to look out for some

department of the government in which they could intrench 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.”

Whatever amount of truth was contained in these charges against the

Federalists, they had the merit of consistency; they reaffirmed what

had been the doctrine of the party when in opposition; what Jefferson

was saying in private, and what was a sufficient argument not so

much against the circuit judges as against the Federalist Judiciary

altogether; but the position seemed needlessly broad for the support of

the technical argument by which Giles proved the power of Congress in

regard to the measure under discussion:--

“On one side it is contended that the office is the vested property

of the judge, conferred on him by his appointment, and that his good

behavior is the consideration of his compensation; so long, therefore,

as his good behavior exists, so long his office must continue in

consequence of his good behavior; and that his compensation is his

property in virtue of his office, and therefore cannot be taken away

by any authority whatever, although there may be no service for him

to perform. On the other it is contended that the good behavior

is not the consideration upon which the compensation accrues, but

services rendered for the public good; and that if the office is to

be considered as a property, it is a property held in trust for the

benefit of the people, and must therefore be held subject to that

condition of which Congress is the constitutional judge.”

Assuming that the latter view was correct, Giles gave his reasons for

holding that the new Judiciary should be abolished; and the subject led

him into a history of the circumstances under which the Act passed,

at the moment when the House of Representatives was in permanent

session, “in the highest paroxysm of party rage,” disputing over the

choice between Jefferson and Burr as President. He charged that members

of the legislature who voted for the law “were appointed to offices,

not indeed created by the law, the Constitution having wisely guarded

against an effect of that sort, but to judicial offices previously

created by the removal, or what was called the promotion, of judges

from the offices they then held to the offices newly created, and

supplying their places by members of the legislature who voted for the

creation of the new offices.” He showed that the business of the courts

“is now very much declined, and probably will decline still more.”

“Under the view of the subject thus presented, he considered the late

courts as useless and unnecessary, and the expense therefore was to

him highly objectionable. He did not consider it in the nature of

a compensation, for there was no equivalent rendition of service.

He could not help considering it as a tribute for past services; as

a tribute for the zeal displayed by these gentlemen in supporting

principles which the people had denounced.”

Such arguments, if good for the new circuit courts, were still stronger

in their application to the Supreme Court itself. Giles affirmed that

the “principles advanced in opposition ... go to the establishment of a

permanent corporation of individuals invested with ultimate censorial

and controlling power over all the departments of the government,

over legislation, execution, and decision, and irresponsible to the

people.” He believed that these principles were “in direct hostility

with the great principle of representative government.” Undoubtedly

these principles, if they existed anywhere, were strongest, not in

the circuit, but in the Supreme Court; and if any judge was to be

set aside because his appointment might be considered as a reward

for zeal displayed in supporting “principles which the people had

denounced,” Chief-Justice Marshall, the person most likely to exercise

“ultimate censorial and controlling power over all the departments of

government,” was peculiarly subject to suspicion and removal. To no man

had the last President been more indebted, and to no one had he been

more grateful.

Only incidentally, at the close of his speech, Giles advanced a final,

and in his mind fatal, objection to the new courts, “because of their

tendency to produce a gradual demolition of State Courts.” Of all

arguments this seemed to be the most legitimate, for it depended

least on the imputation of evil motives to the Congress which passed

the Act. No one need be supposed criminal for wishing, as was often

admitted, to bring justice to every man’s door; and as little need

any one be blamed for wishing to maintain or to elevate the character

of his State Judiciary. Parties might honestly and wisely differ, and

local interests might widely diverge in a matter so much depending

upon circumstances; but no argument seemed to satisfy Giles unless it

carried an implication of criminality against his opponents.

Giles’s speech was such as an orator would select to answer, and James

Asheton Bayard could fairly claim the right to call himself an orator.

Born in Philadelphia, in 1767, Bayard was five years younger than

Giles, and had followed the opposite path in politics. Without being

an extreme Federalist, he had been since 1796 a distinguished member

of the Federalist party in Congress, and had greatly contributed to

moderate the extravagances of his friends. In the style of personality

which Giles affected, Bayard was easily a master. Virulence against

virulence, aristocracy had always the advantage over democracy; for the

aristocratic orator united distinct styles of acrimony, and the style

of social superiority was the most galling. Giles affected democratic

humility to the last, and partly for that reason never became a

master even of invective; while John Randolph, finding the attitude

of a democrat unsuited for his rhetoric, abandoned it, and seemed to

lose his mental balance in the intoxication of his recovered social

superiority. Giles’s charges, by an opposite illusion, seemed to crawl;

his contempt resembled fear; his democratic virtues crouched before the

aristocratic insolence they reproved. Bayard appeared to carry with him

the sympathy of all that was noble in human character when, taking the

floor as Giles sat down, he turned on the Virginian with a dignity of

retort which, whatever might be its value as argument, cut the deeper

because its justice could not be denied.

Jefferson’s administration was not yet a year old; the Federalists had

twelve long years abounding in mistakes and misfortunes to defend, and

Giles’s arraignment embraced the whole. Bayard accepted the challenge,

and his speech, too historical for compression, varied between long

periods of defence and brief intervals of attack. The defence belonged

to past history; the attack concerned the actual moment, and need alone

be noticed here. He began by refusing belief that Giles ever seriously

felt the fear of monarchy he expressed; he was led by other motives:--

“I pray to God I may be mistaken in the opinions I entertain as to the

designs of gentlemen to whom I am opposed. Those designs I believe

hostile to the powers of this government. State pride extinguishes

a national sentiment. Whatever power is taken from this government

is given to the States. The ruins of this government aggrandize

the States. There are States which are too proud to be controlled,

whose sense of greatness and resource renders them indifferent to

our protection, and induces a belief that if no general government

existed, their influence would be more extensive and their importance

more conspicuous. There are gentlemen who make no secret of an extreme

point of depression to which the government is to be sunk. To that

point we are rapidly progressing.”

The charge was certainly emphatic, and deserved as clear an answer from

Giles as Bayard gave to the charge of monarchical tendencies. On the

constitutional point involved in the Bill before the House, Bayard was

equally distinct:--

“The point on which I rely is that you can do no act which impairs

the independence of a judge. When gentlemen assert that the office

may be vacated notwithstanding the incumbency of a judge, do they

consider that they beg the very point which is in controversy? The

office cannot be vacated without violating the express provision of

the Constitution in relation to the tenure.... The second plain,

unequivocal provision on this subject is that the compensation of the

judge shall not be diminished during the term he continues in office.

This provision is directly levelled at the power of the legislature:

they alone could reduce the salary. Could this provision have any

other design than to place the judge out of the power of Congress? You

cannot reduce a part of the compensation, but you may extinguish the

whole. What is the sum of this notable reasoning? You cannot remove

the judge from the office, but you may take the office from the judge;

you cannot take the compensation from the judge, but you may separate

the judge from the compensation. If your Constitution cannot resist

reasoning like this, then indeed is it waste paper.”

When Bayard reached Giles’s favorite doctrine that patronage was a

Federalist system, and the charge that two senators who voted for

the Judiciary Act of 1801 were rewarded by the offices vacated in

consequence of promotions to circuit judgeships, he produced a true

oratorical sensation by a retort that sank deep into the public

memory:--

“The case to which I refer carries me once more to the scene of

the Presidential election. I should not have introduced it into

this debate, had it not been called up by the honorable member from

Virginia. In that scene I had my part; it was a part not barren of

incident, and which has left an impression which cannot easily depart

from my recollection. I know who were rendered important characters,

either from the possession of personal means or from the accident of

political situation. And now, Sir, let me ask the honorable member

what his reflections and belief will be when he observes that every

man on whose vote the event of the election hung has since been

distinguished by presidential favor. I fear, Sir, I shall violate

the decorum of parliamentary proceeding in the mentioning of names,

but I hope the example which has been set me will be admitted as an

excuse. Mr. Charles Pinckney of South Carolina was not a member of the

House, but he was one of the most active, efficient, and successful

promoters of the election of the present chief magistrate. It was

well ascertained that the votes of South Carolina were to turn the

equal balance of the scales. The zeal and industry of Mr. Pinckney

had no bounds; the doubtful politics of South Carolina were decided,

and her votes cast in the scale of Mr. Jefferson. Mr. Pinckney

has since been appointed Minister Plenipotentiary to the Court of

Madrid,--an appointment as high and honorable as any within the gift

of the Executive. I will not deny that this preferment is the reward

of talents and services, although, Sir, I have never yet heard of

the talents or services of Mr. Charles Pinckney. In the House of

Representatives I know what was the value of the vote of Mr. Claiborne

of Tennessee; the vote of a State was in his hands. Mr. Claiborne has

since been raised to the high dignity of Governor of the Mississippi

Territory. I know how great, and how greatly felt, was the importance

of the vote of Mr. Linn of New Jersey. The delegation of the State

consists of five members; two of the delegation were decidedly for Mr.

Jefferson, two were decidedly for Mr. Burr. Mr. Linn was considered as

inclining to one side, but still doubtful; both parties looked up to

him for the vote of New Jersey. He gave it to Mr. Jefferson; and Mr.

Linn has since had the profitable office of supervisor of his district

conferred upon him. Mr. Lion of Vermont was in this instance an

important man; he neutralized the vote of Vermont; his absence alone

would have given the vote of a State to Mr. Burr. It was too much to

give an office to Mr. Lion,--his character was low; but Mr. Lion’s

son has been handsomely provided for in one of the Executive offices.

I shall add to the catalogue but the name of one more gentleman, Mr.

Edward Livingston of New York. I knew well--full well I knew--the

consequence of this gentleman. His means were not limited to his own

vote; nay, I always considered more than the vote of New York within

his power. Mr. Livingston has been made the Attorney for the District

of New York; the road of preferment has been opened to him, and

his brother has been raised to the distinguished place of Minister

Plenipotentiary to the French Republic.”

Such charges would have caused little feeling at any subsequent period,

but the Republican party was the first opposition that gained power

in the United States, and hitherto it had believed in its own virtue.

Such a state of things could never occur again, for only a new country

could be inexperienced in politics; but the cynical indifference with

which Europe looked on while patriots were bought, was as yet unknown

to Jefferson’s friends. They were honest; they supposed themselves to

have crushed a corrupt system, and to have overthrown in especial the

influence of Executive patronage upon Congress. Men like Gallatin,

Giles, Randolph, Macon, Nicholson, Stanford, and John Taylor of

Caroline listened to Bayard’s catalogue of Executive favors as though

it were a criminal indictment. They knew that he might have said more,

had he been deeper in Executive secrets. Not only had he failed to

include all the rewards given to Jefferson’s friends, but he omitted

the punishments inflicted on those who were believed to be Jefferson’s

enemies. He did not know that Theodorus Bailey, another of Burr’s

friends who had voted for Jefferson, was soon to be made postmaster of

New York, while Burr himself was not only refused the appointment of

Matthew L. Davis, but was to be condemned without a trial.

The acrimony which Giles’s tongue thus threw into the debate continued

to the end of the session, but had no deeper effect than to make the

majority cautious. They were content to show that the Constitution

did not expressly forbid the act they meant to perform. In truth the

legality of the act depended on the legitimacy of the motive. Of

all the root-and-branch Virginians, John Randolph was perhaps the

most extreme; and his speech of February 20 laid down an honest

principle of action. “It is not on account of the paltry expense of the

establishment that I want to put it down,” he protested; and with still

more energy he said, “I am free to declare that if the intent of this

Bill is to get rid of the judges, it is a perversion of your power to a

base purpose; it is an unconstitutional act.”

As a matter of expediency and public convenience, no one seriously

denied that the Federalists were altogether in the right. The

introduction of railways and steamboats greatly altered the problem of

judicial organization; but no system could have been better adapted

to its time and purposes than that of 1801. The only solid argument

brought against it was that it attained its object too completely,

bringing Federal justice to every man’s door, and removing every

difficulty or objection to suing in Federal courts. There was truth

in the complaint that it thus placed the State judiciaries at a

disadvantage. Beyond and above this, the controversy involved another

question of far-reaching consequences which the Republicans were too

timid to avow. A true democrat might have said openly that he wanted

an elective judiciary, or would have insisted that the whole judiciary

must be made subject to removal by the legislature. In neither of

these opinions was anything disgraceful or improper; yet such was the

dread of Federalist and conservative outcry, that although many of the

Republican speakers went to the verge of the avowal, none dared make

the issue.

Their timidity cost the Virginians dear. They knew, and never ceased

to complain, that power grew mechanically; and only their want of

experience excused them for over-confidence in the strength of their

own virtue. They saw that the only part of Federalist centralization

still remaining beyond their control was the judiciary; and they knew

that if the judiciary were allowed to escape them in their first fervor

of Republican virtue, they never could grapple with it after their own

hands had learned the use of centralized power and felt the charm of

office. Instead of acting, they temporized, threatened without daring

to strike, and were made to appear like secret conspirators, planning

what they feared to avow.

The repeal of the Judiciary Act passed the House, March 3, by a party

vote of fifty-nine to thirty-two; but the Federalists were far from

feeling themselves beaten. They had measured the strength of the

majority, and felt that the revolutionary impulse was exhausted. As the

Federalists grew bolder, the Republicans grew more timid. They passed

a supplementary Judiciary Act, to quiet complaint and to prevent the

Supreme Court from holding its customary autumn term, lest Marshall

should declare the abolition of the circuit courts unconstitutional.

The evidences of timidity were not confined to judiciary measures. On

no subject had the Republicans expressed stronger convictions than

against the navy; yet when Michael Leib of Pennsylvania, in the heat of

the judiciary debate, moved for a committee to consider the question

of abolishing the navy, his motion was allowed to lie on the table

until Roger Griswold, an extreme Connecticut Federalist, called it

up, March 5, in a spirit of defiance. The House sustained Griswold,

and took up the Resolution; whereat Leib withdrew his own motion, and

evaded the issue he had challenged. In regard to another Federalist

creation which had been the subject of Republican attacks, a similar

failure occurred. The mint cost nearly as much as the circuit courts,

and accomplished less. Since its foundation it had coined, in gold,

silver, and copper, only $3,000,000, at a cost of nearly $300,000;

while a gold or silver coin of the United States was still a rare

sight. The Republican party when in opposition had opposed the mint

as a monarchical institution,--unnecessary, expensive, and symbolic

of centralized power. Giles accordingly moved, January 29, that the

Act under which it existed should be repealed. In a speech, February

8, he avowed his hostility to the establishment from the beginning;

he thought none but self-supporting establishments should exist.

“There is a difference,” said he, “between this and other countries.

Other nations need to coin their own money; it is not with them the

general but the partial good; it is aggrandizement of individuals,

the trappings of royalty. Here, it is true, you established a mint,

you have raised armies and fleets, to create an Executive influence;

but what do the people say now? They send men here now to govern,

who shall not govern for themselves but for the people.” This was

party doctrine. John Randolph adopted it in principle, asserting that

nineteen-twentieths of the silver in circulation was Spanish-milled

dollars or their parts, and that sovereignty was no more affected by

using foreign coin than by using foreign cordage or cannon. The House

accepted these views; Giles brought in his Bill for abolishing the

mint; and after a short debate the House passed it, April 26, without a

division. On the same day the Senate, quietly, without discussion or a

call of yeas and nays, rejected it.

Perhaps the limit of Virginian influence was shown with most emphasis

in the fate of a fugitive-slave Bill reported Dec. 18, 1801, by a

committee of which Joseph Nicholson was chairman. The Bill imposed a

fine of five hundred dollars on any one who should employ a strange

negro without advertising in two newspapers a description of the man.

Every free negro in the North must under this law carry about him a

certificate of his freedom. To this sweeping exercise of a “centralized

despotism” the Northern democrats objected, and, with only half-a-dozen

exceptions, voted against it, although Bayard and several Southern

Federalists joined Giles, Michael Leib, and John Randolph in its

support. The Bill was rejected, January 18, by a vote of forty-six to

forty-three.

Before the session closed, sensible Federalists were reassured, and the

Administration was glad to repose on such triumphs as had been won.

“The President’s party in Congress,” wrote Bayard to Hamilton,[63]

“is much weaker than you would be led to judge from the printed state

of the votes. Here we plainly discern that there is no confidence,

nor the smallest attachment prevails among them. The spirit which

existed at the beginning of the session is entirely dissipated; a

more rapid and radical change could not have been anticipated. An

occasion is only wanting for Virginia to find herself abandoned by all

her auxiliaries, and she would be abandoned upon the ground of her

inimical principles to an efficient federal government.”

The general legislation of the year showed no partisan character. A

naturalization law was adopted, re-establishing the term of five years’

residence as a condition of citizenship,--a measure recommended by the

annual Message. A new apportionment Act was passed, fixing the ratio

of Congressional representation at one member for 33,000 citizens.

During the next ten years the House was to consist of one hundred and

forty-one members. The military peace establishment was fixed at three

regiments, one of artillery and two of infantry, comprising in all

about three thousand men, under one brigadier-general. By Sections

26 and 27 of the Act, approved March 16, 1802, the President was

authorized to establish a corps of engineers, to be stationed at West

Point in the State of New York, which should constitute a military

academy; and the Secretary of War was authorized to procure the

necessary apparatus for the institution. Great as the influence of

this new establishment was upon the army, its bearing on the general

education of the people was still greater, for the government thus

assumed the charge of introducing the first systematic study of science

in the United States.

Perhaps the most important legislation of the year was an Act approved

April 30, which authorized the people of Ohio to form a Constitution

and enter the Union; for not only was the admission of Ohio a

formidable increase of power to the Northern democracy, but Gallatin

inserted into the law a contract, which bound the State and nation

to set aside the proceeds of a certain portion of the public lands

for the use of schools and for the construction of roads between the

new State and the seaboard. This principle, by which education and

internal improvements were taken under the protection of Congress, was

a violation of State-rights theories, against which, in after years,

the strict constructionists protested; but in this first year of their

sway Gallatin and the Northern democrats were allowed to manage their

own affairs without interference. John Randolph would not vote for the

admission of a new State, but Giles and Nicholson gave their votes for

the bill, which passed without a murmur.

Gallatin’s influence carried another point, more annoying to the

Southern Republicans, although less serious. After years of wrangling,

Georgia surrendered to the United States government all right and

title to the territory which was afterward to become the States of

Alabama and Mississippi. This immense region, shut from the Gulf of

Mexico by the Spaniards, who owned every river-mouth, was inhabited

by powerful Indian tribes, of whom the Georgians stood in terror. The

Creeks and Cherokees, Choctaws and Chickasaws, owned the land, and were

wards of the United States government. No one could say what was the

value of Georgia’s title, for it depended on her power to dispossess

the Indians; but however good the title might be, the State would have

been fortunate to make it a free gift to any authority strong enough to

deal with the Creeks and Cherokees alone. In the year 1795, ignoring

the claims of the national government, the Georgia Legislature sold its

rights over twenty million acres of Indian land to four land-companies

for the gross sum of five hundred thousand dollars. With one exception,

every member of the Legislature appeared to have a pecuniary interest

in the transaction; yet no one could say with certainty that the

title was worth more than half a million dollars, or indeed was worth

anything to the purchasers, unless backed by the power of the United

States government, which was not yet the case. Nevertheless, the

people of Georgia, like the people of Massachusetts and Pennsylvania,

being at the moment in the fever of land-speculation, partly because

they thought the land too cheap, partly because they believed their

representatives to have been bribed, rose in anger against their

Legislature and elected a new one, which declared the sales “null and

void,” burned the Yazoo Act, as it was called, in the public square of

Louisville, and called a State Convention which made the repealing Act

a part of the Constitution.

This series of measures completed the imbroglio. No man could say to

whom the lands belonged. President Washington interposed on the part of

the central government; the Indians quietly kept possession; hundreds

of individuals in the Eastern States who had bought land-warrants

from the Yazoo companies, claimed their land; while Georgia ignored

President Washington, the Indians, the claimants, and the law,

insisting that as a sovereign State she had the right to sell her own

land, and to repudiate that sale for proper cause. In this case the

State maintained that the sale was vitiated by fraud.

Doubtless the argument had force. If a sovereign State had not the

power to protect itself from its own agents, it had, in joining the

Union, entered into a relation different from anything hitherto

supposed. Georgia put the utmost weight on the Rescinding Act as a

measure of State-rights, and the true Virginia school made common

cause with Georgia. Republicans who believed in the principles of 1798

considered the maintenance of the Rescinding Act a vital issue.

At length Congress took the matter in hand. Madison, Gallatin, and Levi

Lincoln were appointed commissioners to make a settlement; and Senator

James Jackson, the anti-Yazoo leader, supported by his colleague

Senator Baldwin and by Governor Milledge, met them on behalf of

Georgia,--a formidable array of high officials, whose whole authority

was needed to give their decision weight. April 24, 1802, they reached

a settlement so liberal to Georgia that Jackson and his associates

took the risk of yielding more than they liked to concede. The western

boundary was fixed to please the State; an immediate cession of land

was obtained from the Indians, and the United States undertook to

extinguish at their own expense, as early as they could reasonably do

it, the Indian title to all lands within the limits of Georgia; the sum

of $1,250,000 was to be paid to the State from the first net proceeds

of land-sales; the ceded territory was to be admitted as a State,

with slavery, whenever its population should reach sixty thousand;

and in consideration for these advantages the Georgians unwillingly

agreed that five million acres should be set aside for the purpose

of compromising claims. The commissioners did not venture to affirm

the legality of the Yazoo sale, but, while expressing the opinion

that “the title of the claimants cannot be supported,” declared that

“the interest of the United States, the tranquillity of those who may

hereafter inhabit that territory, and various equitable considerations

which may be urged in favor of most of the present claimants, render

it expedient to enter into a compromise on reasonable terms.” With

this concession to the principle of State-rights, the Georgians

were appeased, and the commissioners hoped that all parties would be

satisfied. The brunt of the negotiation fell upon Gallatin; but Madison

found no difficulty in giving his support to the compromise.

These two measures greatly affected the Government and increased its

power. The admission of Ohio into the Union gave two more senators to

the Administration, and the acquisition of the southwestern territory

relieved it from an annoying conflict of authority. Jefferson was

henceforward better able to carry out his humane policy toward the

Indians,--a policy which won him praise from some of his bitterest

enemies; while Gallatin turned his energies toward developing the

public-land system, in which he had, when in opposition, taken active

interest. The machinery of government worked more easily every day.

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