The acquittal of Chase proved that impeachment was a scarecrow; but its effect on impeachment as a principle of law was less evident. No point was decided. The theory of Giles, Randolph, and Rodney was still intact, for it was not avowedly applied to the case. The theory of Judge Chase’s counsel--that an impeachable offence must be also indictable, or even a violation of some known statute of the United States--was overthrown neither by the argument nor by the judgment. So far as Constitutional law was concerned, President Jefferson himself might still be impeached, according to the dictum of Madison, for the arbitrary removal of a useful tide-waiter, and Chief-Justice Marshall might be driven from the bench, as Giles wished, for declaring the Constitution to be above the authority of a statute; but although the acquittal of Chase decided no point of law except his innocence of high crimes or misdemeanors, as charged in the indictment, it proved impeachment to be “an impracticable thing” for partisan purposes, and it decided the permanence of those lines of Constitutional development which were a reflection of the common law. Henceforward the legal profession had its own way in expounding the principles and expanding the powers of the central government through the Judiciary. CHAPTER XI. THE Louisiana treaty, signed in May, 1803, was followed by two years of diplomatic activity. The necessary secrecy of diplomacy gave to every President the power to involve the country without its knowledge in dangers which could not be afterward escaped, and the Republican party neither invented nor suggested means by which this old evil of irresponsible politics could be cured; but of all Presidents, none used these arbitrary powers with more freedom and secrecy than Jefferson. His ideas of Presidential authority in foreign affairs were little short of royal. He loved the sense of power and the freedom from oversight which diplomacy gave, and thought with reason that as his knowledge of Europe was greater than that of other Americans, so he should be left to carry out his policy undisturbed. Jefferson’s overmastering passion was to obtain West Florida. To this end two paths seemed open. If he chose to conciliate, Yrujo was still ready to aid; and Spain stood in such danger between England and France that Godoy could not afford to throw the United States into the hands of either. If Jefferson wished the friendship of Spain, he had every reason to feel sure that the Prince of Peace would act in the same spirit in which he had negotiated the treaty of 1795 and restored the right of deposit in 1802. In this case Florida must be let alone until Spain should be willing to cede, or the United States be ready for war.