Freed from the menace of immediate war, the people of plain common sense recognized that the friendship of Great Britain was more dangerous than the enmity of France. They dreaded the fixed power of an organized aristocracy far more than the ephemeral anarchy of an ill-ordered democracy; they were more averse to class distinctions protected by law than even to military despotism which destroyed all distinctions, and they preferred, as man always has preferred and always will prefer, personal to political equality. The Alien and Sedition laws had borne their legitimate fruit. The foreign-born population held the balance of power; a general vote would have shown a large Republican or, it is more correct to say, anti-Federalist majority. But the popular will could not be thus expressed. Under the old system each elector in the electoral college cast his ballot for president and vice-president without designation of his preference as to who should fill the first place. New England was solid for Adams, who, however, had little strength beyond the limits of this Federal stronghold. New York and the Southern States with inconsiderable exceptions were Republican. Pennsylvania was so divided in the legislature that her entire vote would have been lost but for a compromise which gave to the Republicans one vote more than to the Federalists. Adams being out of the question, the election to the first place lay between Jefferson and Burr, both Republicans. The Federalists, therefore, had their option between the two Republican candidates, and the result was within the reach of that most detestable of combinations, a political bargain. Mr. Gallatin's position in this condition of affairs was controlling. His loyalty to Jefferson was unquestioned, while Burr was the favorite of the large Republican party in New York whose leaders were Mr. Gallatin's immediate friends and warm supporters. Both Jefferson and Burr were accused of bargaining to secure enough of the Federalist vote to turn the scale. That Mr. Jefferson did make some sacrifice of his independence is now believed. Whether Mr. Gallatin was aware of any such compromise is uncertain. If such bargain were made, General Samuel Smith was the channel of arrangement, and in view of the inexplicable and ignominious deference of Jefferson and Madison to his political demands, there is little doubt that he held a secret power which they dared not resist. Gallatin felt it, suffered from it, protested against it, but submitted to it.
The fear was that Congress might adjourn without a conclusion. To meet this emergency Mr. Gallatin devised a plan of balloting in the House, which he communicated to Mr. Jefferson and Mr. Nicholas. It stated the objects of the Federalists to be, 1st, to elect Burr; 2d, to defeat the present election and order a new one; 3d, to assume executive power during the interregnum. These he considers, and suggests alternative action in case of submission or resistance on the part of the Republicans. The Federalists, holding three branches of government, viz., the presidency, a majority in the Senate, and a majority in the House, might pass a law declaring that one of the great officers designated by the Constitution should act as president pro tempore, which would be constitutional. But while Mr. Gallatin in this paragraph admitted such a law to be constitutional, in the next he argued that the act of the person designated by law, or of the president pro tempore, assuming the power is clearly “unconstitutional.” By this ingenious process of reasoning, to which the strict constructionists have always been partial, it might be unconstitutional to carry out constitutional law. The assumption of such power was therefore, Mr. Gallatin held, usurpation, to be resisted in one of two ways; by declaring the interval till the next session of Congress an interregnum, allowing all laws not immediately connected with presidential powers to take their course, and opposing a silent resistance to all others; or by the Republicans assuming the executive power by a joint act of the two candidates, or by the relinquishment of all claims by one of them. On the other hand, the proposed outlines of Republican conduct were, 1st, to persevere in voting for Mr. Jefferson; 2d, to use every endeavor to defeat any law on the subject; 3d, to try to persuade Mr. Adams to refuse his consent to any such law and not to call the Senate on any account if there should be no choice by the House.
In a letter written in 1848 Mr. Gallatin said that a provision by law, that if there should be no election the executive power be placed in the hands of some public officer, was a revolutionary act of usurpation which would have been put down by force if necessary. It was threatened that, if any man should be thus appointed President he should instantly be put to death, and bodies of men were said to be organized, in Maryland and Virginia, ready to march to Washington on March 4 for that purpose. The fears of violence were so great that to Governor McKean of Pennsylvania was submitted the propriety of having a body of militia in readiness to reach the capital in time to prevent civil war. From this letter of Mr. Gallatin, then the last surviving witness of the election, only one conclusion can be drawn: that the Republicans would have preferred violent resistance to temporary submission, even though the officer exercising executive powers was appointed in accordance with law. Fortunately for the young country there was enough good sense and patriotism in the ranks of the Federalists to avert the danger.
On the suggestion of Mr. Bayard it was agreed by a committee of sixteen members, one from each State, that if it should appear that the two persons highest on the list, Jefferson and Burr, had an equal number of votes, the House should immediately proceed in their own chamber to choose the president by ballot, and should not adjourn until an election should have been made. On the first ballot there was a tie between Jefferson and Burr; the deadlock continued until February 17, when the Federalists abandoned the contest, and Mr. Jefferson received the requisite number of votes. Burr, having the second number, became vice-president.
Mr. Gallatin's third congressional term closed with this Congress. In his first term he asserted his power and took his place in the councils of the party. In his second, he became its acknowledged chief. In the third, he led its forces to final victory. But for his opposition, war would have been declared against France, and the Republican party would have disappeared in the political chasm. But for his admirable management, Mr. Jefferson would have been relegated to the study of theoretical government on his Monticello farm, or to play second fiddle at the Capitol to the music of Aaron Burr.
In the foregoing analysis of the debates and resolutions of Congress, and the recital of the part taken in them by Mr. Gallatin, attention has only been paid to such of the proceedings as concerned the interpretation of the Constitution or the forms of administration with which Mr. Gallatin interested himself. From the day of his first appearance he commanded the attention and the respect of his fellows. The leadership of his party fell to him as of course. It was not grasped by him. He was never a partisan. He never waived his entire independence of judgment. His ingenuity and adroitness never tempted him to untenable positions. Hence his party followed him with implicit confidence. Yet while the debates of Congress, imperfectly reported as they seem to be in its annals, show the deference paid to him by the Republican leaders, and display the great share he took in the definition of powers and of administration as now understood, his name is hardly mentioned in history. Jefferson and Madison became presidents of the United States. They, with Gallatin, formed the triumvirate which ruled the country for sixteen years. Gallatin was the youngest of the three.[9] To this political combination Gallatin brought a knowledge of constitutional law equal to their own, a knowledge of international law superior to that of either, and a habit of practical administration of which they had no conception. The Republican party lost its chief when Gallatin left the House; from that day it floundered to its close.
In the balance of opinion there are no certain weights and measures. The preponderance of causes cannot be precisely ascertained. The freedom which the people of the United States enjoy to-day is not the work of any one party. Those who are descended from its original stock, and those whom its free institutions have since invited to full membership, owe that freedom to two causes: the one, formulated by Hamilton, a strong, central power, which, deriving its force from the people, maintains its authority at home and secures respect abroad; the other, the spirit of liberty which found expression in the famous declaration of the rights of man. This influence Jefferson represented. It taught the equality of man; not equality before the law alone, nor yet political equality, but that absolute freedom from class distinction which is true social equality; in a word, mutual respect. But for Hamilton we might be a handful of petty States, in discordant confederation or perpetual war; but for Jefferson, a prey to the class jealousy which unsettles the social relations and threatens the political existence of European States.
FOOTNOTES:
[4] Lord Sheffield to Mr. Abbott, November 6, 1812. Correspondence of Lord Colchester, ii. 409.
[5] Gallatin later described Jackson as he first saw him in his seat in the House: “A tall, lank, uncouth looking individual, with long locks of hair hanging over his brows and face, while a queue hung down his back tied in an eelskin. The dress of this individual was singular, his manners and deportment that of a backwoodsman.” Bartlett's Reminiscences of Gallatin.