Washington was probably without any clear views of his own on constitutional questions, and what evidence there is on this point supports Jefferson's claim that Washington was more disposed to confide in him and in Madison than in Hamilton. When Jefferson relinquished the State Department, Washington proposed to give Madison the post, but was told he would not think of taking it. Washington then transferred Randolph to the position because he could not get anybody else of suitable capacity. Whatever Washington's personal inclinations may have been, he was in a position in which he had to act. Hamilton was the only one whom he could find to show him the way, and thus circumstances more and more compelled Washington to accept Hamilton's guidance, while at the same time it seemed increasingly clear to the opposition that it was above all things necessary to crush Hamilton. This state of sentiment must be kept in mind in order to make intelligible the rabid violence of the party warfare which had long been going on against Hamilton, and which—now that Jefferson had left the Cabinet—was soon to be extended to Washington himself.
When Giles went to the front in this war, both Jefferson and Madison were busy behind the firing line supplying munitions. Giles was elected in 1790 to fill a vacancy caused by the death of Theodorick Bland, and took his seat in the third session of the First Congress. The assumption bill had been passed, but that was only the first of the series of financial measures proposed by Hamilton, and Giles followed Madison's lead in unsuccessful resistance to the excise and to the national bank. Giles was re-elected to the Second Congress, which opened on October 24, 1791. In the course of this session he became the leader of the opposition, not by supplanting Madison but through willingness to take responsibilities from which Madison, like Jefferson, shrank, because he, too, preferred activity behind the scenes. This situation has often occurred in parliamentary history—a zealous party champion scouting the scruples and restraints that hampered the official leadership, and assuming an independent line of attack with the covert favor and assistance of that leadership. In the effort to crush Hamilton a series of raids was led by Giles, whose appetite for fighting could never be extinguished no matter how severe might be his defeat.
After much preliminary skirmishing which put heavy tasks on Hamilton in the way of getting up reports and documents, a grand attack was made on January 23, 1793. A series of resolutions, in drafting which Madison and Jefferson took part, was presented, calling for minute particulars of all loans, names of all persons to whom payments had been made, statements of semi-monthly balances between the Treasury and the Bank, and an account of the sinking fund and of unexpended appropriations,—all from the beginning of the government until the end of 1792. The resolution required Hamilton to complete and state all the accounts of the Treasury Department up to a period only a little over three weeks before the resolutions were presented, and to give a detailed transcript of particulars. But the Treasury accounts were in such perfect order, and so great was Hamilton's capacity for work, that the information called for was promptly transmitted in reports dated February 4, February 13, and February 14. At the same time Hamilton hit back by observing that the resolutions "were not moved without a pretty copious display of the reasons on which they were founded," which "were of a nature to excite attention, to beget alarm, to inspire doubts."
Giles was soon able to renew the attack. Jefferson and Madison helped him to prepare a series of nine resolutions which were presented on February 27. They specifically charged Hamilton with violation of law, neglect of duty, transgression of the proper limits of his authority, and indecorum in his attitude towards the House. The series ended with a resolution that a copy should be transmitted to the President. The proceeding was a sort of impeachment, framed with the purpose not of bringing Hamilton to trial but of forcing him out of the Cabinet. The charges against him were purely technical and were actuated by malevolence. Hamilton, though not allowed to come into the House to defend himself, nevertheless participated in the debate indirectly by writing the speech delivered by William Smith and credited to him in the Annals of Congress. It was so generally felt in Congress that the resolutions were founded on nothing more substantial than spite that Giles could not hold his forces together, and as the debate proceeded the number of his adherents dwindled. The House began voting at a night session on March 1st. After the third resolution had been defeated by a vote of 40 to 12, an attempt was made to withdraw the others, but such action was refused, and one by one the remaining resolutions were defeated by increasing numbers until only seven voted with Giles at the last, among them James Madison. It was a signal triumph for Hamilton. But his enemies were not disposed to accept the decision as final, and Jefferson thought it might be revised at the next session.
It was not until the Second Congress that the old factions finally disappeared and the formation of national parties began. The issue over the adoption of the Constitution had produced Federalists and Anti-Federalists, but with its adoption Anti-Federalism as such became a thing of the past. Opposition to the Government had to betake itself to the political platform provided by the successful introduction of the new system of government, and was obliged to distinguish itself from official Federalism by attacking not the Constitution but the way in which the Constitution was being construed and applied. The suspicion, jealousy, and dislike with which the new government was regarded, in many quarters were reflected from the beginning in the behavior of Congress. There was from the first a disposition to find fault and to antagonize, and as time went on this disposition was aggravated by the great scope allowed to misunderstanding and calumny from the lack of direct contact between Congress and the Administration. In founding a new party, Jefferson only organized forces that were demanding leadership. He consolidated the existing opposition, and gave it the name "Republican Party," implying that its purpose was to resist the rise of monarchy and the growth of royal prerogative in the system of government which was introduced by the adoption of the Constitution. It is clear enough now that the implication was mere calumny; the notion that Washington was either aiming at monarchy or was conniving at it through ignorance was a grotesque travesty of the shameful situation that actually existed; but fictions, pretenses, slanders, and calumnies that would never have been allowed utterance if the Administration and Congress had stood face to face now had opportunity to spread and infect public opinion. Hence the tone of extreme rage that dishonors the political contention of the period and the malice that stains the correspondence of the faction chiefs.
Although a distinct party opposition appeared and assumed a name during the Second Congress, it disavowed as yet any opposition to Washington and represented its actual attempts to thwart the measures of the Administration as efforts to counteract Washington's evil advisers. The old constitutional tradition that the king can do no wrong, which still lingered in American politics, tended to an analogous elevation of the presidential office above the field of party strife, while leaving the President's Cabinet advisers fully exposed to it, just as in the case of the ministers of the Crown in England. Allowance must be made for the effect of this tradition when judgment is passed on the political activities of the period. Considered with regard to present standards of political behavior, the course of Jefferson in fomenting opposition to the Administration of which he was a part wears the appearance of despicable intrigue. There was nothing mean or low about it, however, in the opinion of himself and his friends, and even his enemies would have allowed it to be within the rules of the game. Jefferson did his best to defeat in Congress measures adopted by Washington on the advice of Hamilton, and he also did his best to undermine Washington's confidence in Hamilton. In his personal dealings with Washington, Jefferson had every advantage, for he had Washington's ear and could, more readily than Hamilton, direct the currents of unconscious influence that produce the will to believe. But Jefferson's animosity kept tempting him to overplay his hand in a way that was fatal in the face of an antagonist so keen and so dexterous as Hamilton.
In a letter of May 23, 1792, Jefferson presented to Washington an elaborate indictment of Hamilton's policy as a justification of his own behavior in organizing an opposition party in Congress. He charged Hamilton with subverting the character of the Government by his financial measures, the logical consequence of which would be "a change from the present republican form of government to that of a monarchy." Hence the need for organizing "the Republican party who wish to preserve the government in its present form." Washington thought over the matter, and— according to Jefferson—reopened the subject in a personal interview on July 10. Being now fully apprised of Jefferson's case, Washington himself prepared a brief of it, divided into numbered sections, and applied to Hamilton for a statement of his ideas upon the "enumerated discontents," framed so "that those ideas may be applied to the correspondent numbers." The proceeding is a fine instance of the care which Washington exercised in forming his opinions. Of course, as soon as charges of corruption and misdemeanor were reduced to exact statement the matter was put just where Hamilton wanted to get it, and in the grasp of his powerful hands its trashy character was promptly displayed. It is needless to go into details, now that public loans, the funding of floating indebtedness in excess of current income, and the maintenance of a national banking system to supply machinery of credit, are such well recognized functions that the wonder is how any statesman could have ever thought otherwise. Jefferson's arguments, when read with the prepossessions of the present day, are so apt to leave an impression of absurdity that they constitute a troublesome episode for his biographers.
Jefferson's maneuvering utterly failed to injure Hamilton in Washington's esteem, but it did have the effect of so thoroughly disgusting Washington with public life that at one time he was determined to refuse a reelection, and even went so far as to ask Madison to prepare a valedictory address for him. He consented to serve another term most reluctantly, and not until he had been besought to do so by the leaders on both sides. Jefferson was as urgent as was Hamilton. While Washington was still wavering, he received a strong letter from Edmund Randolph that doubtless touched his soldierly pride. The letter closed with this sharp argument:
"You suffered yourself to yield when the voice of your country summoned you to the Administration. Should a civil war arise, you cannot stay at home. And how much easier will it be to disperse the factions, which are rushing to this catastrophe, than to subdue them after they shall appear in arms? It is the fixed opinion of the world, that you surrender nothing incomplete."
An appeal of this character was the most effective that could possibly be addressed to Washington, but in consenting he grumbled over the hardship of having to keep in active service at his time of life after already having served for so long a time. He complained that his hearing was getting bad and that "perhaps his other faculties might fall off and he not be sensible of it."