Union and Democracy

by Allen Johnson

Another consequence would follow the proposed change. The office of Vice-President would be degraded. Roger Griswold clearly foresaw this eventuality. "The office will generally be carried into the market," said he, "to be exchanged for the votes of some large States for President; and the only criterion which will be regarded as a qualification for the office of Vice-President will be the temporary influence of the candidate over the electors of his State." Notwithstanding these and many less obvious objections, the amendment was adopted by a party vote in Congress and promptly ratified by thirteen out of the sixteen States before the fall elections.

The campaign of 1804 was uneventful. The congressional caucus of the Republican party dropped Burr as a candidate and nominated George Clinton, of New York. Jefferson was the unanimous choice of his party. The depressed Federalists supported Charles Cotesworth Pinckney, of South Carolina, and Rufus King, of New York, as their candidates. Jefferson was triumphantly reëlected with the loss of only two States, Connecticut and Delaware, and of two electoral votes in Maryland. Well might he exult at the discomfiture of his enemies. "The two parties," he wrote to Volney, "are almost melted into one."

Below the calm surface of Republican politics, however, dangerous counter-currents swirled. For a time the controversy over the Yazoo land claims seemed likely to be a reef on which Republican unity would be shattered. Both the United States and Georgia laid claim to the great Western tract which is now occupied by the States of Mississippi and Alabama. But Georgia with a stronger prima facie case evinced little regard for the claims of the Federal Government. In 1795, while a mania for land speculation was sweeping over the country, the legislature yielded to corrupt influences and sold some thirty-five million acres in the disputed territory for the sum of $500,000 to four land companies. In the following year, the people of Georgia rose in their wrath, turned out the corrupt legislators, and forced the passage of a rescinding act. Meantime, sales had been made by the Yazoo speculators to guileless purchasers, who now appealed to Congress for relief. In 1798, Congress enacted a law providing for commissioners who should confer with Georgia regarding these conflicting claims. At the same time the Territory of Mississippi was organized.

Such was the status of the Yazoo land claims when Jefferson became President. It fell to him to appoint the federal commissioners. They wrestled manfully with the perplexing details of the controversy, and in 1802 reported what they believed to be a fair settlement of the claims of all parties. Georgia was to cede her Western lands to the United States in return for a payment of $1,250,000 and an agreement on the part of the Federal Government to extinguish all Indian titles within her limits as soon as might be. In the course of time this Western territory was to be admitted as a State. Five million acres were to be set aside to satisfy the claims of those who had suffered loss by the rescinding act of Georgia.

The morbid imagination of John Randolph could see nothing but jobbery in this proposal to satisfy claims which had been fraudulently obtained from the Legislature of Georgia. There can be little doubt that Randolph's hatred for Madison, who was a member of the federal commission, influenced his subsequent action. On two occasions, in 1804 and again in 1805, he assailed the proposed compromise, and twice he secured a postponement, though he could not defeat the bill which embodied the conclusions of the commission. From this time on Randolph was never more than an uncertain ally of the Administration. The few politicians who still followed his lead were styled rather contemptuously "Quids." Even Republicans with slender classical training grasped the significance of a tertium quid. Yet Randolph was still a power in the House.

The Yazoo affair dragged on for years. In 1810, a decision of the Supreme Court gave aid and comfort to the opposition. In the case of Fletcher v. Peck, the court held that the original Act of 1795, conveying the Yazoo grants, was a contract within the meaning of the Constitution which might not be impaired by subsequent legislation. It was not until 1814 that Congress voted $8,000,000 to the claimants under this act and so settled one of the most obstinate controversies in the history of Congress.

In the fall of 1805, Jefferson seemed about to realize what had been the object of his diplomatic endeavors ever since the acquisition of Louisiana. Intimations came from Talleyrand that the Floridas might be obtained by purchase if the United States would prevail upon Spain to refer the whole dispute to Napoleon. On December 3, 1805, he sent a message to Congress which seemed to break completely with all Jeffersonian precedents. It recounted the failure of negotiations with Spain, and spoke sternly of the depredations committed in the new Territories by Spanish officers and soldiers. The Administration had found it necessary to order the troops on the frontier to be in readiness to repel future aggressions. Some of the injuries committed admitted of a peaceable remedy. Some of them were "of a nature to be met by force only, and all of them may lead to it." Coupled with these admonitions were suggestions for the fortification of seaports, the building of war-vessels, and the organization of the militia.

Coming from the pen of one who had written that peace was his passion and who had hitherto avoided war with Quaker-like submission, this message caused bewilderment on all sides. The West, however, took the President literally and looked forward with enthusiasm to a war which was bound to end in the overthrow of Spanish dominion in the Southwest. Three days later a secret message was delivered to the House of Representatives announcing that Spain was disposed to effect a settlement "so comprehensive as to remove as far as possible the grounds of future collision and controversy on the eastern as well as the western side of the Mississippi." Only a show of force was needed "to advance the object of peace."