alteration in any part or article of that instrument, declared their assent to it. Massachusetts, Delaware, and Connecticut, did not approve of the change. A motion was repeatedly made at this session of the national legislature for disallowing the balances in favor of certain States, which had claims on the federal government for advances in the war of the revolution, exceeding their proportion. The members from several States were in favor of the measure, and voted for a bill to be prepared for the purpose. But it was so manifestly unjust, that a majority could not be obtained for it. It was not a party question; and several who usually supported the measures of the administration were opposed to it. But all who favored the proposition were the political friends of the executive.

During this meeting of Congress, the salaries of the chief officers of the government, excepting the Judges, were raised nearly twenty per cent. This was the more surprising, as one great complaint against the former administration, and its friends, was allowing extravagant salaries. Additional duties were also imposed by Congress, in March, 1804: The plea for which was the expense of the naval armament then maintained in the Mediterranean, as a necessary protection to the vessels of the United States, then exposed to the attacks of the Tripolitan cruisers. A naval force was justly kept up in that sea, and proved of great use. The armed ships of that power committed as great injuries on American commerce, as if open war had been declared. And the United States navy in that quarter, though small, was of great benefit; and several of the naval commanders there conducted with uncommon bravery and effect. The President was authorized to fit out two sloops of war to be added to the naval force then in the Mediterranean.

An additional law was passed during this meeting of Congress, on the subject of naturalizing aliens and foreigners; and the time was lessened, requiring a certain period of their residence in the United States previously to their being admitted to all the rights of citizens. This alteration was opposed by those members who had supported the measures of the former administration. It was deemed unreasonable to admit native foreigners to all the rights of those born and educated in the United States, until they had resided several years in the country, while they were readily allowed protection, and equal justice. In March, 1804, an additional law was passed, for the government of the territory called Louisiana, and annexed to the United States, by purchase, the year before; by

which two separate governments were established, to be organized as the President might direct.

During this session of Congress, the Judge of the District Court of the United for the District of New Hampshire, was formally impeached of high crimes and misdemeanors, before the Senate, by the House of Representatives. He was duly summoned to appear before the Senate, the constitutional tribunal, to answer to the charges brought against him. But his health was too feeble to permit him to proceed to the seat of the federal government. Counsel however appeared in his behalf, and alleged occasional insanity, as the cause of any improper conduct which could be justly charged upon him. Very respectable witnesses appeared to show the fact; but it appeared that he was occasionally intoxicated, in consequence of insanity, as his counsel alleged. The prosecution proceeded, notwithstanding; and he was solemnly declared guilty of the charges brought against him, and was dismissed from his office. The evidence showed his unfitness for conducting the business of the Court, and it was proper to remove him; but the sentence was considered severe, and an unnecessary reproach on his character. At the same time, it was decided by the House of Representatives to prepare articles of impeachment against Judge Chase, of Maryland, of the Supreme Court, and against Judge Peters, of Pennsylvania, of the District Court, of the United States: and a Committee was appointed to draw up the articles in form. But Congress soon after adjourned, and the subject was, therefore, postponed to the next session.

These proceedings were alarming to the friends of an independent judiciary; as it indicated a disposition in the majority to search for occasions to lessen the character of the Judges, and render them odious to the people. In the impeachment of Judge Peters, of Pennsylvania, the charge was of arbitrary and illegal conduct, in the trial of a person indicted for treason, who had committed overt acts of opposition to the license laws in that State. The facts alleged were fully proved; and his conduct was found to have been such as justly to require exemplary punishment. The Judge overruled several motions made by the counsel for the respondent; and for this he was charged with undue severity and injustice. The charges against Judge Chase, of the Supreme Court, were for similar oppressive

The intended impeachment of Judge Peters, was not further prosecuted. It was concluded to direct all exertions against Judge Chase.

and arbitrary conduct in the same case, when he was the presiding Justice; and for his behavior, as presiding Judge of a Circuit Court in Virginia, for the trial of a person accused of a violation of the Sedition Act. It was alleged, that the Judge conducted with great partially, and discovered party feelings; and thereby had prostituted his office, from personal malignity or political prejudices. He was also accused of discussing political subjects in his charges to the Grand Jury in Maryland, and of reflecting on the policy of the government, in a manner not proper for a member of the Judiciary. The trial, at the next session, before the Senate, on this impeachment, after a full hearing of the case, which continued several days, resulted in the acquittal of the Judge. On most of the articles of charge, the majority of the Senate decided that he was not guilty. On three of the charges there was a majority of two who voted that he was guilty; but this was not a constitutional majority, and he was honorably discharged. Honorably because it was apparent to every impartial enquirer, that he had conducted with impartiality, with fairness, and with all proper lenity and indulgence; and that whatever of prejudice or improper bias there might be in the case, it was to be found in those who commenced and supported the prosecution. They were displeased, that he did not disregard law and justice to favor the wishes of those in power. Two of the members of the House of Representatives, who appeared most zealous in the prosecution, immediately after the acquittal of Judge Chase, proposed the following amendments to the Constitution, viz: "That the President be authorized to remove a Judge, on an address of the two Houses of Congress-and a State to recall a Senator when it should choose."

There had now been a dispute with Spain, for some time, with reference to claims to territory on the Mississippi; and a Minister had been deputed to that Court to adjust the difficulties arising from such misunderstanding, but without full success; though the Spanish government professed friendly views towards the United States. The cession of Louisiana to the United States by France, which had shortly before received the territory from Spain, served to increase the obstacles to the preservation of peace between the two nations. The American administration claimed West Florida, as a part of the ceded territory; but the Spanish government denied the justice of such a claim. After numerous attempts to adjust the difficulty, and the manifestation of unfriendly designs towards the United

States, the American Envoy demanded his passport, and left Spain in August, 1804. In the meantime the President had refrained from taking possession or exercising jurisdiction of that part of the territory, which Spain denied had been ceded to France, and which France could not therefore rightfully transfer to the United States; the Spanish government was thus apparently reconciled, and war prevented between the two nations. The Spanish monarch, however, relinquished his claims to the territory soon after, but with no little reluctance; and he was then so much under the influence of the French government, that new difficulties arose in making a treaty with the United States on the subject. A large portion of the American people were in favor of a war with Spain, at this period, on account of a refusal to yield the territory purchased of France, and for numerous spoliations on the commerce of the United States. But pacific councils prevailed; and forbearance eventually secured all the benefits for which a war was proposed, without its expenses and evils. A treaty was soon after made with Spain, called "a treaty of friendship, limits, and navigation;" in which the bounds of Louisiana were more accurately defined, and containing stipulations for indemnity for spoliations on American commerce.

The revenue for 1804, amounted to seventeen millions, and the expenditures to twelve and half millions; and in four years, thirteen millions of the public debt, including interest, had been paid but a larger sum than that had been borrowed to meet the purchase money for the territory of Louisiana; and the Mediterranean fund was continued, to meet the expenses of the naval armament kept up, to check the Barbary power. For the defence and security of the seaports and harbors, it was recommended by the President, that more gun-boats than were authorized in February, 1803, be built, as they would be less expensive than larger armed vessels,-could be kept without men, when not in actual service, and might be manned, at short notice, by the militia in the vicinity. This was an innovation in the system of naval armaments, which many believed would prove inefficient, both on account of the small tonnage of the boats, and of manning them by the militia, instead of experienced seamen. On these subjects, as well as on some others, which were before Congress at the two former sessions, there was far less of free and independent discussion, than had been witnessed in the House of Representatives previously to 1802. The objections made to several propositions, which the majority of

fered, were seldom met by proper argument, but were merely voted down by numbers. It appeared that on the most important subjects, the course to be adopted by the majority, was agreed upon at meetings previously held in private. The vote was often thus obtained by party feelings and pledges, rather than according to sound reason, or personal conviction. It may be impossible entirely to suppress the influence arising from political parties; but it would often have far less effect, if there were an independent and manly course pursued, according to the arguments and views presented by free discussion.