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sion, in December, 1801, the President observed, "That it was matter of congratulation, that the nations of Europe, with which we were most connected, were disposed to peace, and that commerce was, in a great measure, relieved from former embarrassments and interruptions; that we were bound, with peculiar gratitude, to be thankful that our peace had been preserved through a perilous season." And he spoke of the United States as the "unoffending friends of France." "The Indian tribes on our borders," he said, "manifested a pacific and friendly spirit, and it would be the aim of government to preserve their good will, and to seek their welfare, by efforts to introduce among them the arts of civilized life, and the pursuits of agriculture." He referred to the unreasonable demands of Tripoli, one of the Barbary States, and his direction of a naval force to the Mediterranean, to prevent that power from depredating on the American commerce. He suggested, that the increase of revenue from imposts, as the population extended, would probably be such, as to render it safe to dispense with internal taxes and excises; that, if our peace was not interrupted, the receipts of the former description would be sufficient to meet the ordinary expenses of government, and to pay the interest and the instalments, authorized by law, on the public debt. And that should war occur, it might be necessary to resort again to internal taxation. He supposed that a small naval force only would be necessary in future; and that the building of any more ships of war might safely be postponed.

The President referred in this speech to the judicial department of the government; particularly to the law passed at the previous session, for establishing circuit courts, and the appointment of so many justices to hold them. He clearly intimated the opinion that the circuit Judges were unnecessary, and that the district and circuit courts, as before established, were sufficient for the business of the country.

An opinion generally prevailed, at this time and afterwards, that Mr. Jefferson was not in favor of the independence of the Judiciary department; but that the Judges should be more under the control of the legislative branch of the government; and in some cases even of the executive department. His orders sometimes clashed with the decisions of the federal Courts, and he was inclined to interfere with, if not to disregard, their judgment. He was in favor of appointments and removals of the Judges, as well as of other public officers and agents. For, he con

tended, they should be of the same political views with the majority; and when, therefore, there was a change of administration, and of the popular branch of the legislature, that the Court should be composed of men of similar opinThis was truly alarming to the friends of a stable republican government, who had always contended for the independence of the Judiciary, as well of the Legislative as of the Executive department. For, with such a tenure of office, as was proposed by Mr. Jefferson and his political friends, the judges would cease to be entirely impartial, and superior to all political biasses, in their decisions; and would probably be in some measure under the influence of the predominant party in the government.

The law establishing the Circuit Courts of the United States, to be holden by Justices not of the Supreme and District Courts, was repealed soon after Mr. Jefferson came into office. The Circuit Courts might be dispensed with, without much inconvenience to the public, at the time, as the business of the federal Courts was then comparatively small. Still, an act repealing any part of the Judiciary system was considered ominous to the real independence of the Judicial department. But as the Supreme Court of the United States was not attacked, and only its decisions in some cases connected with the Executive department opposed or disapproved, the friends of the judiciary rejoiced that no farther innovations were made in that branch of the federal government.

The law on the subject of naturalization he recommended should be modified, so that foreigners, coming with a bona fide intention to settle in the United States, should be admitted to the rights and privileges of citizens, in less time than the existing law required; while he acknowledged, that the Constitution had wisely provided a long time to render them eligible to public office in the government.

This was a new Congress, and the majority were of the same political views as the President. The most import ant laws which were passed at the first session of Congress holden after Mr. Jefferson was chosen President, besides the act for repealing the law of the previous session, organ

* The report made at this session by the commissioners of the sinking fund, appointed several years before, stated that 14,738,367 dollars of stock had been redeemed, that there was in the hands of the Treasurer, 449,069 dollars, subject to the disposal of the Commissioners; which, with the growing resources of that fund, would be sufficient to meet the 7th instalment of the 6 per cent. stock, the 1st instalment of the deferred stock, and the 10th of a loan then soon becoming due.

izing the Circuit Courts, were for the apportionment of federal Representatives in the several States, according to the second census, then recently taken, which fixed the ratio at one Representative for 33,000 inhabitants: the whole number of inhabitants being then over five millions,-for protecting the commerce and seamen of the United States against the Tripolitan cruisers, which had then very frequently captured American vessels-for fixing the military peace establishment; which provided for the continuance only of one regiment of artillerists, two regiments of infantry, and a corps of engineers, to be stationed at West Point, on Hudson river, in the State of New York, and to constitute a military academy-for regulating trade and intercourse with the Indian tribes, and for the preservation of peace on the western frontiers; in which provision was made for ascertaining the boundary line, before established by treaty, between the United States and the various Indian nations in the west and northwest: the provisions for maintaining a friendly intercourse with the natives were similar to those contained in former laws on the subject:for discontinuing the several acts laying internal taxes on stills, distilled spirits, refined sugars, carriages, stamped paper, and licenses to retailers, and for sales at auctionfor establishing a uniform system of naturalization, and repealing former laws on that subject for redeeming the public debt; by which it was provided to appropriate annually seven millions and three hundred thousand dollars, to the sinking fund-for authorizing the people of the eastern division of the territory northwest of the Ohio river, (Indiana,) to form a Constitution and State government, and for admitting them into the federal Union-and for establishing new routes for conveying the mail and the security thereof.

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The most warmly contested of these laws was that for repealing the act of the preceding session of Congress, establishing district circuit courts. That law was strongly opposed on its passage twelve months before; and was passed by only a small majority. But those who were in favor of the law considered it important, in rendering the Judiciary as perfect as possible; and they therefore opposed its repeal. They also were apprehensive, that if one part or branch of the Judiciary should be annulled; it would serve as a precedent for setting aside the whole; or of so altering it, as to affect its independence. They looked upon the Judiciary as more sacred than any other department of the government; and were averse to all innovations touching its authority or jurisdiction. Very able speeches were

made by several members, who had been active in its adoption, against the repeal; that of Mr. Bayard, of Delaware, was the most celebrated.

The act for repealing a former law laying an excise on distilled spirits within the United States, on pleasure carriages, and on refined sugars, was opposed on the ground of the articles being luxuries, and therefore, more proper to be taxed, than articles in constant use by the lower classes of people, such as bohea tea, brown sugar, molasses, and salt. The latter were continued without any reduction, and were paid chiefly by the laboring classes of the people. An effort was made for discontinuing the mint establishment, but it did not succeed; the majority in Congress being in favor of further trial of the benefits of the system. The objection made against the establishment, was the great expense attending it. A member stated, that every cent coined at the mint, cost the government half a dollar. But this was meant probably for a figure of speech, though the expenses were, indeed, very great; without a corresponding benefit. A bill was passed in the House of Representatives for discontinuing the mint; but the Senate did not concur in it.

The act to provide for the redemption of the public debt could scarcely be said to justify the title; the reduction or redemption was only nominal. Some former loans were proposed to be paid, indeed, but by new loans entirely; and the reduction was only in theory and on paper. Nor could it be otherwise, as the interest, added to the usual expenses for the support of government, was fully equal to the receipts into the treasury for the year 1802, according to the estimate of the Treasury department; and the internal tax, or excise law, was repealed. In 1801, two millions and a quarter of the national debt had been paid, agreeable to a previous law of Congress, and the abundant revenue which accrued from the former taxes and imposts. In January, 1802, the whole public debt was seventy-eight millions; the receipts for 1801, amounted to twelve millions; and the appropriations for civil list and other expenses, for 1802, were $13,250,000.*

A proposition was made at this session of Congress for abolishing the navy department, and placing the naval concerns under the direction of the Secretary of War; but it did not receive the approbation of the majority. Several

* The report of the Secretary of the Treasury stated that the accounts of the former Secretary of that department, and also of the State, War, and Navy departments, were all correct, and no delinquencies.

members of the national legislature were, at that time, opposed to a naval force; some on account of the expense, and some from a belief that the United States could not expect to dispute the dominion of the sea, with either England or France. The President, also, had always discovered a great reluctance to any augmentation of that branch of national defence. And his influence was very great with the majority of the federal legislature at that time.

The opposition to the measures of the present Congress and administration, by those who had supported the policy of the past, was, in some instances, as great as that which had been made by those now in power to their predecessors. Both as to theoretic views and actual measures, there was no inconsiderable difference. There was a change of policy, on some important subjects; and some called it a revolution. It might well be said to be a new dynasty. The people were amused with strong professions of regard, and with unwonted assurances of a desire to consult their wishes; and yet the exercise of power in the executive was carried to an equal extent, in some cases to a greater, than by the former administration. The repeal of the excise, however, and the disbanding of the provisional army-though the latter was ordered by the preceding Congress-operated to a diminution of taxes, which all had felt. It appeared to be the policy of the ruling party to attach odium to their opponents for several measures they had adopted, and to have it believed they were more anxious to secure the liberty, and to lessen the burthens of the people. But generally the course pursued by former administrations was still followed; having received the test of experience in favor of its wisdom, its efficiency, and its adaptation to the character and condition of the people.

In the message of the President to the national legislature, in December, 1802, there were no changes in the general policy of the administration proposed, and no new system of

Soon after President Adams retired from public office, in 1801, in a reply to a respectful and affectionate address from the citizens of his native town, he said, "Some measures, during my administration, were the effect of imperious necessity, much against my inclinations. Others were the measures of the legislature, which though approved when passed, were not previously proposed by me. Some, left to my discretion, were never executed, as no necessity for them, in my opinion, ever occurred. And I will only add, that we were emancipated from two burthensome yokes, the old French treaty of alliance, and the consular convention, which were grievous to us, and would have been intolerable to our children. The government, in future, unshackled with positive stipulations, will have only to consider its foreign powers by the law of nations, and to estimate her interest by an honest and impartial policy."

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