Republican success was that Republicanism should be false to its theories. In 1820, Jefferson wrote of the Judiciary of the United States: "having found from experience that impeachment is an impracticable thing, * * they consider themselves secure for life."* That impeachment was an "impracticable thing" for Republican purposes, Republicans as well as Federalists learned in the trial of Judge Chase. The reason why it was impracticable was that there were Republicans who preferred the constitution as the Federalists construed it, to the constitution as their own party construed it. What an important influence this fact has exerted upon American institutions and American history, Burgess has told us in a paragraph already quoted. The govern mental system of the United States is the aristocracy of the robe because the Judiciary is independent, because it stands above the changes and fluctuations of parties. If Randolph's amendment had become a part of the constitution, it is doubtful if the people in general would have any more respect for the decisions of the Supreme Court than they now have for the editorials of the party press. The old Federalist party lay dying in 1805. Those who stood in tears by its bedside might have gathered some consolation from the fact that without the weapons that had been snatched from its dying hands, the stalwart young conqueror could not. henceforth, maintain his power. Works, VII, 192. QUESTIONS. 1. Account for the popularity of Jefferson's first administration. ment. 2. For what was Pickering impeached? 3. State the clause in the constitution relating to impeach 4. What was the objection to applying it to such a case as Pickering's? 5. Why did not the Republicans re-enact the substance of the 25th section of the Judiciary Act of 1801? 6. Why did they not attempt to make a precedent of Pickering's case so as to reform the Judiciary in accordance with Republican ideas? 7. In what respects is the Judiciary not in harmony with the theories of Jeffersonian Republicanism? 8. Why did Chase object to universal suffrage? 9. What did he mean by "mobocracy?” 10. Whom did he mean by our great reformers, and what were "the modern doctrines" of which he spoke? 11. Why did not Jefferson recommend the House of Representatives to impeach Chase? 12. Give an account of the plot to secede from the union, and mention the circumstances that led to it. 13. Do you recall any other occasions in the history of the country before 1804, when threats of secession were made? 14. Why was not Chase convicted? 15. Point out the bearing of his acquittal on the development of American institutions. 16. State the substance of the quotation made from Burgess. CHAPTER XXIX. WEST FLORIDA. AY'S treaty determined the foreign relations of the JAY United States for the next ten years. That treaty, as we know, brought the United States to the verge of war with France, and indeed led to actual hostilities between the two countries. As England and France were at war, the attitude of France naturally determined the attitude of England; the enemy of France was the friend of England. When Jefferson became President, he took great pains to dispel the idea that he was in any sense the special friend of France. For "Republican France," he admitted he might have felt some interest. But, "assuredly," he said, "there is nothing in the present government of that country which could naturally incline me to show the smallest undue partiality to it at the expense of Great Britain, or indeed of any other country."* When the news reached this country that Spain had retroceded to France the Louisiana territory, Jefferson began to cultivate the English minister to the United States with great assiduity. As strong as was his desire for peace, he thought that disputes about the navigation of the Mississippi might lead to a war with France, and *Thornton (British minister) to Grenville, March 7, 1801; MSS. British Archives, Henry Adams, II, 34 in that event he wished to have England as an ally. The purchase of Louisiana brought this courtship of England to an abrupt close. Boundaries of In the treaty in which the terms of the purchase were agreed upon, the boundaries of the territory were not defined. All that it contained on this point was that "Louisiana, with the same extent that it now has in the hands of Spain,* and that it had when France possessed it, and such as it should be after the treaties subsequently entered into between Spain and other States," was ceded to the United States. Livingston asked Talleyrand what the eastern boundary was. "I do not know," answered Talleyrand; "You must take it as we received it." "But what did you mean to take?" persisted Livingston. "I do not know," Talleyrand repeated. "Then you mean we shall construe it in our own way?" "I can give you no directions," replied Talleyrand. "You have made a noble bargain. I suppose you will make the most of it." Livingston determined to make the most of it. Before the treaty which closed the French and Indian war, in 1762, France owned nearly all of the North American continent. By that treaty, France divided her vast possessions in North America, called Louisiana, between England and Spain, giving to England Canada, Florida, and all of Louisiana east of the Mississippi, ex *The paragraph was copied from the treaty of retrocession between France and Spain. †State Papers, II, 561. cept the Island of New Orleans; and to Spain the Island of New Orleans and all of the original province of Louisiana west of the Mississippi. By a treaty made between France and Spain in 1800, Spain "retroceded" to France the province of Louisiana; in other words, the Island of New Orleans, and all of the original province of Louisiana, west of the Mississippi, which Spain had received from France in 1762. This was the understand ing between France and Spain. It was also as we shall see, Livingston's understanding, at least for a time. The part of Louisiana, east of the Mississippi, which Great Britain received from France in 1762, was united by her to Florida, and the whole of Florida thus established was divided into two territories, separated by the Appalachicola, called East and West Florida.* These two territories, East and West Florida, were ceded by Great Britain to Spain in 1783, so that Spain was the owner, not only of the province of Louisiana west of the Mississippi, and the Island of New Orleans east of that river, through the cession of France in 1762, but of East and West Florida, through the cession of England in 1783. When, therefore, Spain agreed to "retrocede" the province of Louisiana, she meant and France understood her to mean, to cede back to France the territory which she had received from France in 1762. When Talleyrand *West Florida was bounded on the north by the thirty-second degree of north latitude, on the east by the Appalachicola, on the south by the Gulf of Mexico, on the west by lakes Maurepas and Pontchartrain and the Mississippi. |