[Sidenote: Jefferson's principles.]
In a few weeks the disposition to conciliate was severely tried by the pressure of applicants for office. Jefferson's principles on this subject were summed up in a letter written March 24, 1801: "I will expunge the effects of Mr. A.'s indecent conduct in crowding nominations after he knew they were not for himself…. Some removals must be made for misconduct…. Of the thousands of officers, therefore, in the United States a very few individuals only, probably not twenty, will be removed: and these only for doing what they ought not to have done." Gallatin heartily supported him in this policy of moderation. Jefferson then laid down the additional principle that he would fill all vacancies with Republicans until the number of officeholders from each party was about equal. "That done, I shall return with joy to that state of things when the only questions concerning a candidate shall be, Is he honest? Is he capable? Is he faithful to the Constitution?"
[Sidenote: Political removals.]
Adams was promptly rebuked by the removal of twenty-four persons appointed in the two months previous. Other removals were made for what would now be called "offensive partisanship." Then came a third group of removals, in order, as Jefferson said, "to make some room for some participation for the Republicans." At the time he acknowledged that there had been sixteen cases,—in fact, there were many more; at the end of about two years after his inauguration, out of 334 officers occupying important places, 178 were new appointments, and of their predecessors at least 99 had been removed. These officers in many cases carried with them a staff of subordinates. It is safe to say that one half the persons who had been in the civil service of the United States in March, 1801, were out of it in March, 1805.
[Sidenote: Appointments.]
Nor did Jefferson adhere to his purpose to appoint Federalists and Republicans indiscriminately after the balance should have been reached. He appointed none but members of his own party; many Federalists in office came over to the Republicans; and by 1809 the civil service was practically filled with Republicans.
96. ATTACK ON THE JUDICIARY (1801-1805).
[Sidenote: Repeal of the Judiciary Act.]
Moderation in Jefferson's mind did not extend to the judiciary which had been forced upon the country by the Federalists in 1801. At his suggestion Breckenridge, in 1802, moved to repeal the recent Act, and thus to get rid at once of the new courts and of the incumbents. The Federalists protested that the Constitution was being destroyed. "I stand," said Gouverneur Morris, "in the presence of Almighty God and of the world, and I declare to you that if you lose this charter, never, no, never, will you get another. We are now, perhaps, arrived at the parting point." The repeal was plainly intended to remove the last bulwark of the Federalist party in the government. It was made more obnoxious by a clause suspending the sessions of the Supreme Court until February, 1803. It was passed by a majority of one in the Senate, and by a party vote of fifty-nine to thirty-two in the House. The President signed it, and all the new circuit judges and judicial officers were thus struck from the roll of the government.
[Sidenote: Impeachments.]
[Sidenote: Marbury vs. Madison.]