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convicted of treason, but by the clemency of the President all were granted amnesty.

During this session of Congress was consummated Jay's treaty with England, which, however, was not received in America until the 7th day of March, 1795, three days after adjournment. It was not made public until the 1st of July, and confirmed the unfavorable impressions that had already been formed. Much delay was had in considering the different clauses of the treaty, and it was not until the 18th of August that the President, with many misgivings, attached his signature, which was attested by Edmund Randolph, secretary of state.

As early as December, 1794, Mr. Jefferson wrote Mr. Madison, deprecating his retirement to civil life, as he had learned was his intention, and expressed the hope that he might become the nominee of the republican party for President. This Mr. Madison was not, in his own mind, prepared to accept, and, as future events proved, the time was not yet ripe for such candidacy, Mr. Jefferson himself being selected for that place in opposition to Mr. Adams, who was nominated by the federalists. The fall elections of 1796 resulted in the election of John Adams as President, and his opponent, Thomas Jefferson, as Vice President. On the 4th of March, 1797, the President and Vice President were installed. Just previous to the inauguration Mr. Adams had a private interview with Mr. Jefferson, in which he revealed more regarding the plans he intended to pursue in the course of his administration, than he ever told thereafter. He proposed to send a mission to France that should satisfy that nation, and from its composition should also satisfy the different sections of the United States. He was determined to join Gerry, Madison, and Pinckney in such mission, and desired Mr. Jefferson to consult Mr. Madison, and obtain his views regarding the appointment. The President and Vice President again met, at the residence of the ex-President, and, leaving at the same time, Mr. Jefferson informed him of the conversation he had had with Mr. Madison. The President replied that since the consultation of a few days previous, some objections had been raised, which he had not contemplated. It transpired that a cabinet meeting had been held, which had developed a strong opposition to Mr. Madison, on the part of the federal members, who were determined that no leading representatives of the opposition should hold office, that being the policy dictated by their leader, Alexander Hamilton, the late secretary of the treasury.

The beginning of the Adams administration was the close of Mr. Madiison's service as member of the House of Representatives. He soon returned to Montpelier, remaining on his estate until the following year, when he accepted a seat in the Virginia legislature, where he could the better oppose the administration of President Adams. In the course of the legislative term he took a decided stand against the alien and sedition laws, which had

been passed by the federalist Congress, making a report thereon to the lower house, and becoming the author of a series of resolutions against those laws, which resolutions have since formed a text for the doctrine of state rights, as held by the southern states for many years, and long a cardinal principle of a portion of the Democratic party.

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CHAPTER VII.

IN PRESIDENT JEFFERSON'S CABINET-ELECTED PRESIDENT.

ATE in the winter of 1801 Thomas Jefferson was elected President by the House of Representatives, a tie vote in the electoral college having thrown the election into that body. The day following his inauguration, President Jefferson nominated as his cabinet, James Madison secretary of state, Henry Dearborn secretary of war, and Levi Lincoln attorney general, all of whom were confirmed by the Senate on the same day. In May, Albert Gallatin was appointed secretary of the treasury. One of the first official acts of Mr. Madison was the writing an approval of the treaty o purchase from France of the province of Louisiana. Throughout the two terms of Jefferson's administration Mr. Madison pursued a calm, dignified bearing in all diplomatic correspondence; and in the direction of home affairs represented the fidelity to principle that ever characterized him, winning increased popularity in the party he represented. As a statesman he was the recognized peer of his political associates, and when approached the close of Mr. Jefferson's administration, the voice of the people called him to a higher station.

In the contest for Presidential nomination in 1808, were presented the names of Governor George Clinton, of New York, and James Monroe and James Madison, of Virginia. The campaign was entered into with spirit by the friends of the respective candidates, and on the 23d of January was held the caucus of the republican party, for the purpose of deciding upon a candidate. Eighty-nine delegates were present, some thirty or forty of those appointed being absent, a part from sickness, some absent from the city; yet others remained away because they believed the candidate of their choice could not be nominated. For the Presidency Mr. Madison received eighty-three votes in caucus, Governor Clinton three, and Mr. Monroe three. Clinton received the nomination for Vice President, by seventy-nine votės. While the decision of the caucus was a foregone con

clusion, certain of the republicans felt much embittered against President Jefferson, believing that he had exerted his influence in favor of his secretary of state, thereby injuring the chances of Mr. Monroe. The latter held the same opinion, and in answer to a letter from Mr. Jefferson, written soon after the caucus, used some sharp words expressive of his feelings. To these Mr. Jefferson replied with great moderation, and their friendship was soon renewed. There is little doubt the President favored the claims of Mr. Madison, considering him the riper statesman, and from his long connection with the public service, justly entitled to precede his younger friend, Monroe. The nominations did not effectually settle the question of candidacy, for the three persons there presented were continued before the people. The federalists presented the name of Charles Cotesworth Pinckney, of South Carolina, as their candidate, and during the campaign derived considerable strength from disaffected republicans. Mr. Monroe received no electoral votes, but had a large following in his own state. Mr. Madison received for President one hundred and twenty-two votes; Mr. Clinton received six; and Mr. Pinckney, the federalist candidate, received forty-seven. For Vice President, Governor Clinton received one hundred and thirteen votes, James Madison three; James Monroe three; John Langdon nine; and Rufus King forty-seven.

The inauguration of James Madison as President took place in the capitol at Washington, March 4, 1809, the oath of office being administered by Chief justice Marshall. President Jefferson occupied a seat at his right, members of his cabinet, foreign ministers, and others being present in large numbers. For his cabinet Mr. Madison selected Robert Smith, of Maryland, as secretary of state; William Eustis, of Massachusetts, secretary of war; Paul Hamilton, of South Carolina, secretary of the navy. Albert Gallatin was continued as secretary of the treasury, and Cæsar A. Rodney, of Delaware, attorney general. The eleventh Congress assembled May 22d, in accordance with a resolution passed by the previous Congress, war with England being imminent. The non-intercourse act, which had followed the embargo, was continued in a modified form; on the 28th of June the extra session of Congress was terminated.

The affair of the Chesapeake and the Leopard, in which the latter insisted. upon the right of search, and enforced her demands by firing upon and disabling the Chesapeake, took place in June, 1807. Though the excitement caused thereby had mostly abated, there yet remained a feeling of hostility to Great Britain. No satisfaction had been granted for the outrage, though nearly two years had passed. In April, 1809, Mr. Erskine, the British minister at Washington, considering that by the enforcement of the nonintercourse act Great Britain and France were now on equal terms, informed the government that he was authorized, by dispatches received from his government, to make reparation for the insult given the flag on the occasion

In question. He stated that an envoy extraordinary would soon arrive, empowered to conclude a treaty on all questions in dispute between the two countries; and that the orders of his government in council, would be repealed as soon as the non-intercourse act was made of none effect. Under these circumstances, on the 19th of the month, President Madison issued a proclamation, stating that the British orders were revoked, to take effect the 10th of June, when commerce would be renewed. The British government declined to be bound by the actions of its minister, who acknowl edged that he had exceeded his instructions, and the only course left Mr. Madison was a renewal of the non-intercourse act. Mr. Erskine was recalled, and another envoy appointed in his stead. These proceedings aroused a considerable degree of hostility against the British government, and a declaration of war would have been received with joy.

The successor of Mr. Erskine as minister to the United States was Mr. Jackson, who arrived in Washington near the close of the year 1809. He was a very different man from his predecessor, and, though instructed by his government to explain the reasons for declining to endorse the action of Mr. Erskine, he attempted by means of censures and criminations upon the United States government, to vindicate Great Britain. He continued the controversy with the secretary of state some three weeks, when the President directed that no further communication be held with him. He soon took up his residence in New York, where he remained until his recall at request of Mr. Madison. Not until November, 1811, was the question at issue settled by the appointment of Mr. Foster as minister to the United States.

Congress again assembled, the 27th of November, 1809, and among other general measures renewed that of non-intercourse by a new act. In the early part of 1810, the French decree of Rambouillet was made known in America; it was claimed to be in retaliation of the non-intercourse act. By it all American vessels which had entered French ports since the 20th of March, 1808, or which should thereafter enter, were declared forfeit, and when taken were to be sold for the benefit of the French treasury. French privateers also committed many depredations on American commerce, which was almost destroyed. The act already referred to provided that in case either France or England should repeal the offensive retaliatory orders, after three months, renewal of intercourse would be permitted. The French government was informed of the passage of this act, by the American minister at Paris, and replied through the minister of foreign affairs that the decrees of Berlin and Milan were revoked, and would cease to be of effect after the 1st of the following November, it also "being understood that the English shall revoke their orders in council, and renounce the new principle of blockade which they have wished to establish; or that the United States shall cause their rights to be respected by the English." Events proved

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