and controlled demagogues, which was beyond the reach of majorities, which, strong in its tenure of office, feared no clamor, sought no popularity, which in its lofty integrity was beyond the reach of corruption, and whose independence made ambition itself subservient to virtue. Such an institution had proved the greatest obstacle to Virginia policy; its extension threatened it with defeat, and hence sprung opposition to the passage of the law, and a violation of the constitution in its subsequent repeal. The sentiments of Jefferson, as regarded the judiciary, are to be found every where in his writings; they develop themselves in the idea that the common law was not in force in the federal courts; in the proposition of a Virginia law of præmunire against those who carried their causes into other than state courts, when those had jurisdiction; in the expressed opinion that the judges should be appointed for limited periods; in the attempt to procure a suspension of the habeas corpus act; in the ferocity with which he attacked MARSHALL, when he refused to become his tool in convicting BURR.

With these feelings, it is not to be wondered at that the judiciary bill of 1800 met with opposition from Mr. Jefferson's followers. Their misrepresentations were however extraordinary. The measure was not a novelty; it had not been got up as a means of providing for partisans when driven from the other offices of government. It had been called for by the almost unanimous voice of the bar throughout the union; it had been urged by the judges of the Supreme Court, who were taxed with inordinate labor; it had been prepared with great care and ability; it had been delayed by anti-federal opposition to the middle of February, and because but three weeks remained of the session in which appointments could be

To E. Randolph, III. Jefferson's Writings, 425, and see, also, Tucker's Life of Jefferson, II. p. 61.

b To Monroe, III. Jeff. Writings, 366. Letter to Gov. Barry, July 20, 1822. Appendix to Pickering's Review.

made, under an act taking present effect, a clamor was raised by the party from one end of the Union to the other, and the atrocious judiciary bill, with its train of socalled MIDNIGHT JUDGES, was raised into another standing bug-bear of party, and has been handed down to the present as some undefined, dark, and dread conspiracy against the liberties of the country.

The votes of South Carolina for Mr. Jefferson and Mr. Burr, had decided the fate of the election as between the federal and the democratic candidates for the Presidency. Had the result there been otherwise, the choice would still have devolved on the House, but with this difference, that Mr. Adams, as equal with both, would have been a third from whom the selection could be made. In this case, the event might have been different; the hostility of the federalists to Mr. Jefferson would with this advantage, have led, in all probability, to some arrangement by which he at least, would have been excluded. The details of what followed have been too often given to need repetition. The tenacity of the federalists in supporting Mr. Burr, who had by no party been considered as a candidate for the Presidency, must be admitted to have been a political error. The probable character of his administration, had he been elected, is however a legitimate subject of speculation. It would have undoubtedly been more able and energetic than that of Jefferson; it could not have been more corrupt. It would, perhaps, have more daringly infringed the letter of the law; it could not have more completely sapped the foundations of good government and public virtue. Hamilton, it will be seen from his letters, earnestly, but in vain opposed the course of his party. Wolcott, perceiving no choice between the two evils, awaited with sullen indifference the result of a contest in which the victory of either combatant was to be fatal to the cause he had cherished. The opinions entertained by him on the subject of this

election, and the consequences which grew out of it, will be found at some length in a message to the legislature of the State of Connecticut, in the year 1824, when the the election of President was a second time referred to the House, and also in a letter written to the Hon. Henry W. Edwards, about the same time. From this letter, an extract may be given here.

"When the influence arising from the pure character and preeminent services of Washington was withdrawn from our system, the elections of a President and Vice President no longer had reference to personal considerations, but to mere party views, engendered by a diversity of opinion in relation to the fitness or unfitness of public measures. The soul of the opposition to the system of Washington was Virginia, and this opposition assumed the popular name of the Republican party. In the summer of 1796, the members of Congress of that party, or at least most of them, met and nominated Thomas Jefferson and Aaron Burr for their candidates. The federal party nominated John Adams and Thomas Pinckney. The result of the battle was, that John Adams had been elected President by a majority of three votes over Mr. Jefferson, and that the fifteen votes from Virginia had been diverted to Samuel Adams. This gave great offence to Mr. Burr, who complained of bad faith. At the next conference or caucus of the Republican members of Congress, Mr. Burr required as a condition of his consent to be their candidate, that highly respectable members of the Republican party should write letters stating that their honour was pledged to endeavour to procure for him an equal vote with Mr. Jefferson. I have no doubt, from information which I received, (though I have never seen a letter to that effect) that this condition was complied with; at any rate, an equal vote for Mr. Jefferson and Colonel Burr was in fact obtained. If it was wrong in the Republicans to make this stipulation, it was equally wrong or more so, in the federalists to attempt to disappoint the known wishes of the electors. Neither party can now reflect with much satisfaction on their conduct, and both are, I hope, disposed to regret the errours which they have mutually committed.

The abortive effort to elect Colonel Burr President of the United States, overwhelmed the federal party, and caused an alteration in the constitution, by which the electors are required to designate the office for which their votes are intended.”

This change Wolcott regarded as one destined to exert an important influence in the future tranquillity of the states, by reviving sectional feelings and displacing one great connecting principle in the constitution. The office of Vice President, in his opinion, thereby lost much of its dignity and importance. It was thenceforth no longer a

natural step to higher honors, but rather a slough, in which those who were deluded to enter, sunk irrevocably. These views, which the lapse of time seems to have fully corroborated, experience has even, in furnishing the exceptions, but more effectually shown to be just. With those exceptions, the second office of the government has ever been the death-bed of ambitious hope, and they, from their peculiar circumstances, furnished only proofs of the general rule.

There is one allegation touching the intentions of the federalists in this election which cannot too often be stamped with falsehood. It was, that they contemplated preventing any choice of President, and by force of their majority in Congress placing the office in commission. The charge is supported only by the assertions of Jefferson, is without corroboration from any source, and has been contradicted by the oaths of men whose bare word was worth more than his most solemn adjurations. But what shall be said of the charges of the anti-federalists against each other-the secrets of their party which time has disclosed or vindictiveness invented? What of the duplicity of Jefferson as exhibited in the cotemporaneous letters to his friend and his rival? What of his alleged fraudulent declaration of the vote of Georgia? What of the intrigues which it is said that Burr carried on with the enemy? The sins of federalism were at least not those of dishonesty.

My Dear Sir,

FROM SAMUEL W. DANA.

CAPITOL, Feb. 11, 1801, 4 o'clock, P. M.

I have baited three times for the post-office fishes, and find that they do not bite at a member of Congress as readily as at a Secretary.

a The federalists had a numerical majority in both Houses, though not a majority of states in that of Representatives.

b See Davis' Life of Burr, Vol. II., Ch. 65, and passim.

There is a recess for one hour in the balloting for President. There have been seven rounds in our House. Every round the votes of the states have been for

One sick man has been brought to the House. He lies on a bed in one of the committee rooms. The two tellers for the particular ballot of the state go and receive his ballot. The person is Mr. Nicholson. Having been unwell several days myself, I do not go home to dine, especially as there is a snow-storm of unusual severity for this place. As I have tried abstinence from food for three days, I consider myself seasoned tolerably to the present singular situation. What is to be the result of this extraordinary election I know not. Connecticut will every man stand to his vote. The Jeffersonians can acquiese in Burr with less reproach than the federalists can agree to Jefferson.

By to-morrow morning, probably, there will be some alteration, if the balloting is thoroughly persevered in during the night.

S. W. DANA.

FROM DANIEL SHELDON, JR.

Sir,

WASHINGTON, Feb. 18, 1801.

It is probable that your friends in Congress have already informed you that Mr. Jefferson was at length chosen President yesterday by the votes of ten states, four still adhering to Mr. Burr, (the four New England states,) and two having voted with blank ballots.

Immediately after the choice was determined, Mr. Bayard was nominated to the Senate as Minister Plenipotentiary to France. It is reported that arrangements are making so that he will be able to set sail in the course of next week.

Mr. Stoddert has already sent in his resignation to Mr. Jefferson, and it is somewhat curious that he enclosed it to Gen. Smith (of Baltimore) whom conjecture has long fixed upon as his successor, to be by him laid before the President elect. I am, sir, with the highest respect and esteem, your obliged and obedient servant,

D. SHELDON, JR.

Early in February, and soon after the report of the investigating committee, Wolcott left Washington and repaired to Middletown, Connecticut, where his family were residing. His resources but little exceeded what was necessary to satisfy his family expenses for a few months.