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conversations about the dissolution of the Union. It must hang together as long as it can be made to."*

To make the Union hang together as long as possible that had been the great purpose of Hamilton's public life. To this end he had worked with tireless energy to make his bitterest enemy President; to this end, he had stood a second time across the path of the unscrupulous adventurer, who felt that the only road to the goal of his ambition lay over the body of his prostrate foe. They met July 11, 1804, in a beautiful valley on the banks of the Hudson. Hamilton threw away his fire, but Burr fired after aiming deliberately; and his great antagonist fell mortally wounded.

Trial of Judge
Chase.

The trial of Judge Chase took place early in 1805. An effort was made by some of the Republican managers to make the impeachment of an officer equivalent to an investigation into the manner in which he had discharged the duties of his office, and into his qualifications to hold it. Conviction on this theory would not imply criminality; it would mean nothing more than that in the opinion of two-thirds of the Senate, the interests of the country would be served by removing the convicted officer from his office. We have seen already that this theory of impeachment was what Republicanism demanded. But that conservatism of which Jefferson stood in awe, made some of the Republican managers of the trial recoil

*J. C. Hamilton, History of Republic, VII, 823.

from the theory required by their party. There were twenty-five Republicans in the Senate, and of these the vote of twenty-three was necessary to conviction. But the managers knew that some of the Northern Democrats were almost as hostile to the Republican theory of the judiciary as the Federalists. Accordingly Joseph H. Nicholson, one of the Republican managers repudiated what had been given out as the Republican theory. "If declarations of this kind have been made, in the name of the managers I here disclaim them. We do contend that this is a criminal prosecution for offenses committed in the discharge of high official duties."

The result showed that Jefferson's instinct in 1801 was sound. The charges against Chase were made in eight articles.

The largest vote on any of them was nineteen. The animus of the Republicans was clearly shown by a motion made by John Randolph in the House of Representatives. Randolph moved to submit to the states the following amendment to the constitution: "The judges of the supreme and all other courts of the United States shall be removed by the President on the joint address of both Houses of Congress."* The motion was carried by a strict party vote as it should have been, since it was in perfect harmony with the theories of Republicanism. But it was becoming more and more clear to Republican leaders that the inexorable condition of

*Annals of Congress, 1804-1805, 1213.

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 part has exerted upon American institutions and American history, Burgess has told us in a paragraph already quoted.† The governmental 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.
*See page 50.

QUESTIONS.

1. Account for the popularity of Jefferson's first administration.

2. For what was Pickering impeached?

3. State the clause in the constitution relating to impeachment.

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 ?

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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 Américan 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'S

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.

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