In November he was urged to accept a nomination as a member of the House of Representatives in Congress. This he refused, saying that "he would not stand in the way of Mr. Quincy,"[5] ] who had been the candidate at the preceding election. This objection was immediately removed, by an assurance of the previous determination of the latter to decline, and of the satisfaction with which he regarded the nomination of Mr. Adams. The result was unsuccessful. Out of thirty-seven hundred votes, William Eustis was elected by a majority of fifty-nine. The newspapers assigned as the cause that the day of the election was rainy. Mr. Adams surmised that it was owing to the indifference to his success of the leaders of the old Federal party, and remarked on the occasion, "This is among the thousand proofs how large a portion of Federalism is a mere fair-weather principle, too weak to overcome a shower of rain. It shows the degree of dependence that can be placed on such friends. As a party their adversaries are more sure and more earnest."
In an oration, delivered in May of this year, before the Massachusetts Charitable Fire Society, Mr. Adams paid a just and feeling tribute to the memory of George Richards Minot, then recently deceased, in which the character of that historian, the purity of his life, moral worth, and intellectual endowments, are celebrated with great fulness and truth. In December he delivered, at Plymouth, an address commemorative of the Pilgrim Fathers.
During the remainder of the civil year Mr. Adams had more than once indicated his independence of party, and his settled purpose of thinking and acting on all subjects for himself. When, therefore, in February, 1803, a vacancy in the Senate of the United States occurred, the nomination of Mr. Adams was opposed by that of Timothy Pickering, who was deemed by his friends better entitled to the office, from age and long familiarity with public affairs. To their extreme disappointment, however, after three ballotings, without success, in the House of Representatives, Mr. Adams was chosen, and his election was unanimously confirmed by the Senate. In March following, another vacancy in the Senate of the United States having occurred, Mr. Pickering was elected. Thus, by a singular course of events, two statesmen were placed as colleagues in the Senate of the United States, from Massachusetts, between whom, from antecedent circumstances and known want of sympathy in political opinion, cordial coöperation could scarcely be anticipated. Apparent harmony of principles and views was, however, manifested. Mr. Adams well understood the delicacy of his position, arising from the ill-concealed jealousy of the Federalists, on the one hand, and the open dislike of the Democracy, on the other. He considered himself placed between two batteries, neither of which regarded him as one of their soldiers. He early adopted two principles, as rules of his political conduct, from which he never deviated,—to seek or solicit no public office, and, to whatever station he might be called by his country, to use no instrument for success or advancement but efficient public service.
In October, 1803, Mr. Adams removed his family to Washington, and took his seat in the Senate of the United States. On the 26th of that month he took ground in opposition to the administration upon the bill enabling the President to take possession of Louisiana, and on which he voted in coïncidence with his Federal colleagues. His objection was to the second section, which provided "that all the military, civil and judicial powers, exercised by the officers of the existing government of Louisiana, shall be vested in such person and persons, and shall be exercised in such manner, as the President of the United States shall direct." The transfer of such a power to the President of the United States, Mr. Adams deemed and maintained, was unconstitutional; and he called upon the supporters of the bill to point out the article, section, or paragraph, of the constitution, which authorized Congress to confer it on the President. He regarded the constitution of the United States to be one of limited powers; and he declared that he could not reconcile it to his judgment that the authority exercised in this section was within the legitimate powers conferred by the constitution. Many years afterwards, when his vote on this occasion was made a subject of party censure and obloquy, in addition to the preceding reasons Mr. Adams gave to the public the following solemn convictions which influenced his course:
"The people of the United States had not—much less had the people of Louisiana—given to the Congress of the United States the power to form this union; and, until the consent of both people could be obtained, every act of legislation by the Congress of the United States over the people of Louisiana, distinct from that of taking possession of the territory, was, in my view, unconstitutional, and an act of usurped authority. My opinion, therefore, was that the sense of the people, both of the United States and Louisiana, should be immediately taken: of the first, by an amendment of the constitution, to be proposed and acted upon in the regular form; and of the last, by taking the votes of the people of Louisiana immediately after possession of the territory should be taken by the United States under the treaty. I had no doubt that the consent of both people would be obtained with as much ease and little more loss of time than it actually took Congress to prepare an act for the government of the territory; and I thought this course of proceeding, while it would terminate in the same result as the immediate exercise of ungranted transcendental powers by Congress, would serve as a landmark of correct principles for future times,—as a memorial of homage to the fundamental principles of civil society, to the primitive sovereignty of the people, and the unalienable rights of man."
On the 3d of the ensuing November he manifested his independent spirit by voting in favor of the appropriation of eleven millions of dollars for carrying into effect the treaty for the purchase of Louisiana, in opposition to the other senators of the Federal party;—a vote which, many years afterwards, in consequence of comments of party, he took the opportunity publicly to explain. The critical nature of the course to which he foresaw he was destined was thus expressed by himself: "I have had already occasion to experience, what I had before reason to expect, the danger of adhering to my own principles. The country is so totally given up to the spirit of party, that not to follow the one or the other is an unexpiable offence. The worst of these has the popular current in its favor, and uses its triumph with all the unprincipled fury of faction; while the other is waiting, with all the impatience of revenge, for the time when its turn may come to oppress and punish by the popular favor. But my choice is made. If I cannot hope to give satisfaction to my country, I am at least determined to have the approbation of my own reflections."
On the 10th of January, 1804, Mr. Adams introduced two resolutions for the consideration of the Senate: the one declaring that "the people of the United States have never, in any manner, delegated to this Senate the power of giving its legislative concurrence to any act imposing taxes upon the inhabitants of Louisiana without their consent;" the other, "that, by concurring in any act of legislation for imposing taxes upon the inhabitants of Louisiana, without their consent, this Senate would assume a power unwarranted by the constitution, and dangerous to the liberties of the people of the United States." After a debate of three hours, both resolutions were rejected, as he anticipated; only three senators—Tracy, of Connecticut, Olcott, of New Hampshire, and White, of Delaware—voting with him in favor of the first, and twenty-two voting in the negative; Mr. Pickering, his colleague, asking to be excused from voting, and Mr. Hillhouse, the remaining Federalist in the Senate, absenting himself, obviously to avoid voting: after which the last was unanimously rejected. Concerning his course on this occasion Mr. Adams wrote: "I have no doubt of incurring much censure and obloquy for this measure. I hope I shall be prepared for and able to bear it, from the consciousness of my sincerity and of my duty."
Mr. Adams alone spoke against the bill for the temporary government of Louisiana, which passed on the ensuing 18th of February; and only four senators—Messrs. Hillhouse, Olcott, Plummer, and Stone—voted with him in the negative; Mr. Pickering absenting himself from the question.
In August, 1805, the corporation of Harvard College elected Mr. Adams Professor of Rhetoric and Oratory on the Boylston foundation. After modifications of the statutes, which he suggested, were adopted, he accepted, and immediately entered upon a course of preparatory studies, reviving his knowledge of the Greek, and making researches among English, Latin, and French writers, relative to the objects of his professorship. In the ensuing December, as a member of the Ninth Congress, he took an active part in the debates and measures of the Senate.
In January, 1806, he was appointed on a committee, of which Mr. Smith, of Maryland, was chairman, on that part of the President's message "relative to the spoliations of our commerce on the high seas, and the new principles assumed by the British courts of admiralty, as a pretext for the condemnation of our vessels in their prize courts." The debates in that committee resulted in two resolutions, both offered by Mr. Adams, adopted, reported, and finally passed by the Senate, with some modifications; Mr. Pickering, Mr. Hillhouse, and Mr. Tracy, the three Federalists in the Senate, voting for them.