History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
What, too, was meant by the words which pledged the new Administration
to preserve the general government “in its whole Constitutional
vigor”? The two parties were divided by a bottomless gulf in their
theories of Constitutional powers; but until the precedents established
by the Federalists should be expressly reversed, no one could deny
that those precedents, to be treated as acts of the majority with
absolute acquiescence, were a measure of the vigor which the President
pledged himself to preserve. Jefferson could not have intended such a
conclusion; for how could he promise to “preserve” the powers assumed
in the Alien and Sedition laws, which then represented the whole
vigor of the general government in fact if not in theory, when he
had himself often and bitterly denounced those powers, when he had
been a party to their nullification, and when he and his friends had
actually prepared to resist by arms their enforcement? Undoubtedly
Jefferson meant no more than to preserve the general government in
such vigor as in his opinion was Constitutional, without regard to
Federalist precedents; but his words were equivocal, and unless they
were to be defined by legislation, they identified him with the
contrary legislation of his predecessors. In history and law they did
so. Neither the Alien nor the Sedition Act, nor any other Federalist
precedent, was ever declared unconstitutional by any department of
the general government; and Jefferson’s pledge to preserve that
government in its full Constitutional vigor was actually redeemed with
no exception or limitation on the precedents established. His intention
seemed to be different; but the sweeping language of his pledge was
never afterward restricted or even more exactly defined while he
remained in power.
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