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. On of the first official acts of Mr. Madison was the writing an approval of the treaty or 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 of 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 votes.

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 claim 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 Americanminister 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

that Bonaparte did not intend to revoke his decrees, unless Great Britain should take a similar step in revoking her orders in council, or the United States should declare war and enforce her rights. The agreement of the French minister was of no force, the sequestration of vessels and their cargoes continuing as before. In March, 1811, the emperor declared that "the decrees of Berlin and Milan were the fundamental laws of his empire." About the same time the new French envoy to the United States officially informed the government that no remuneration would be made for property sequestrated.

The British refused to revoke the orders in council, on the ground that no sufficient proof existed of the revocation of the decrees of Berlin and Milan, and insisted that the non-intercourse act was unjust and partial. This state of things had the effect to increase the hostility to England, particularly as American vessels and their cargoes continued to be seized by British men-of-war, and sold under order of their admiralty courts.

In February, 1811, the President appointed Joel Barlow minister to France, with full instructions to negotiate a treaty of commerce with that nation. He made strenuous efforts to procure a revocation of the decrees, and finally obtained from Napoleon a decree that "so long as the British orders in council were unrepealed, and the principles of the treaty of Utrecht [1713] with respect to neutrals were in operation, his edicts of Berlin and Milan must remain in force, as to those nations which should suffer their flag to be denationalized." The British government was again appealed to, to withdraw the orders in council, on the ground that the French edicts were repealed, and replied, that "whenever those edicts were absolutely and unconditionally repealed by an authentic act of the French government, publicly promulgated, their orders would be revoked."

The twelfth Congress assembled November 4, 1811, and organized by electing Henry Clay, speaker. Mr. Clay was just entering upon his first term in the representative body, having already served two short terms in the Senate. He was an ardent administration man, and was ably seconded by Messrs. Calhoun, Cheves, Lowndes, of South Carolina, and other influential southern representatives, together with William H. Crawford, of Georgia, in the Senate. As far remote as the close of the Jefferson administration, war with England had been contemplated, but no provision for offense or defense had been made; the army had been reduced to three thousand regulars, while the navy comprised but twenty vessels-ten frigates, and ten sloops-of-war and smaller vessels. One hundred and fifty gunboats had been built, but they were useful only in harbor and river defense. Through the advice of Mr. Clay, Mr. Lowndes, and Mr. Calhoun, the policy of the administration was changed. Mr. Madison was by nature a man of peace, and it was with much difficulty he was prevailed upon to acquiesce in the inevitable and allow of preparations for war. Bills were passed pro