Chapter 9

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.

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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.

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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.

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