The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
The task of restoring the Union to the form the fathers had meant for
it and revoking the prerogatives unconstitutionally given to it was
uppermost in Jefferson's mind. The bank had been chartered for twenty
years and was beyond reach at present. The Sedition law and the Alien
Friends act had expired by limitation before Jefferson came in. The
Alien Enemies act was harmless because it rested entirely with the
President for execution and was valid only during a foreign war; since
it might be useful later it was allowed to remain on the statute book.
But the odious excise, the stamp taxes, and carriage licenses could
be repealed, the probationary period for naturalisation could be reduced
to the former limit, work on the great war-ships could be stopped,
the provisional army allowed to disband, and Hamilton and other generals
cut off from the public treasury. The vast appropriations for the army
and navy and the coast defences could be reduced, and the expense of
the ornamental consular service cut down. As rapidly as possible,
Congress carried out these reform suggestions of the new President.
The Federalists deplored his penny-wise economy, especially when fifteen
ships, which had cost the Government nearly a million dollars, were
sold for one-fourth that amount.
The work of reform did not stop here. Two branches of the National
Government had been brought back to democratic principles by the will
of the people. But the third branch, the Judiciary, remained in the
control of the "monarchists." Jefferson first did justice, as he
conceived it, to Lyon, the only prisoner remaining convicted under the
Sedition law. No doubt some of the Federal judges had been overzealous
in securing the conviction of offenders under this law. Holding life
tenure under the Constitution, they could be reached only by
impeachment. This remedy was attempted in order to punish Judge Chase,
an Associate Justice of the Supreme Court, who had shown partiality,
it was claimed, in the trial of Fries and Callender five years before.
The requisite two-thirds of the Senate did not vote him guilty, and
this method of curbing the Judiciary failed. "Impeachment is not even
a scarecrow," admitted the disappointed President. The enemy had retired
into the stronghold of the Judiciary, as he said, to be fed from the
treasury, and from thence to beat down Republicanism. "By a fraudulent
use of the Constitution," he explained, "which has made judges
irremovable, they have multiplied useless judges merely to strengthen
their phalanx."
Public-domain text, read in full here on John Shaqi.
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