Los Angeles herald., 1909-11-25
The American Congress
ITl-The Revolution of 1901
Bv Frederic j. HaSkin


invented in those early days.
Theodore Sedgwick was elected
speaker of the house in the last con-
gress controlled by the Federalist party
and the last made up of that exclusive
aristocracy which laid the foundations
of the great American republic. The
congress met for the first time at
Washington. The National Intelli-
gencer was established in the new cap
ital city by Samuel Harrison Smith,
a friend and supporter of Jefferson.
Jefferson was vice president and from
his chair in the senate chamber he di-
rected. his campaign for the presi-
dency.
jefferson had inspired the Kentucky
and Virginia resolutions of 1898 and
the right of congress to enact laws
against the will of the state was ques-
toned. In 1899 the second set of Ken
lucky resolutions, those not written by
Jefferson, boldly proclaimed the righr
OF notification, afterward undertaken
by New England in 1S0S by South
Carolina in 1889 and forever destroyed
by the great Civil War.
Speaker Sedgwick believed 1t to be
his duty to save the nation from such
outrageous radicalism. The National
Intelligencer reported, without com
ment, the fact that the speaker had
made an error in announcing the vote
on a question of adjournment, and had
been corrected by q recount. For that
heinous offense the editor, Mr.. Smith,
was barred from the house and refused
admittance TO the galleries. The
speaker said to him: 'In my opinion
your conduct has had no other object
than to disgrace me and the govern
ment. The object of my order was to
prevent you from giving any furtner
statements of the proceedings OF the
house. You must not discuss any
pending business and must make no re-
port of q proceeding until the house
has finally passed upon It," The mousse
divided equally on a motion to readmit
Smith to the galleries, and the speaker
cast the deciding vote against II.
Jefferson and Burr each received 73
electoral votes for President, Adams
65, Pinckney 64 and Jay l. The voters
intended to choose Jefferson for presl-
dent and Burr for vice president, but
under the old rule Of voting Tor TWO
candidates, the highest to be president
and the second vice president the Re
publican candidates were tied. The tie
vote cast the election in the house. The
choice had been limited by the consti-
tuition to the two highest names on the
list the Federalist majority in the
house was forced to choose between two
radical Republican candidates. Jerer-
son was feared the more, and con-
spiraey to elect Burr was concocted,
with Sedgwick as one of its leaders.
The house went into continuous session
to ballot for president. Eight states
voted for Jefferson, eight for Burr and
two were blank, there being an even di-
vision in the delegations from Vermont
and Maryland. The speaker tried many
times to break into the program with
other business, and to throw the ad-
vantage to Burr. but without avail. One
Republican member who was very i'll
was carried to the house three miles
through heavy snowstorm, but he did
not falter. Finally James A. Bayard or
Delaware, founder OF a great political
family, deserted the Sedgwick hosts
and voted for Jefferson, thereby ending
the contest after thirty hours.
After II had become apparent that
the Republicans would control the next
administration, President Adams re-
solved to save the Union IL he could.
The alien and sedition laws were to ex-
pire by limitation with the Adams adj
ministration. But Adams had recourse
to his power of appointment. A new
judicial bill was passed increasing tho
federal judiciary, and Adams appointed
none but strong -Federalists to the
bench. Then he named John Marshall
to be chief justice of the supreme court.
thereby assuring the control of the
final supreme power to the conserva-
tiVes. Marshall sat on the bench for
thirty-four years and wrought nightly.
He found the constitution an uninter-
preted document which was accorded
neither respect nor fear. He left 1t
buttressed by the logic of bis great le-
gar mind and illumined by the light of
his master intellect.
When congress met in 1901 there was
a new legislative era. The aristocrats
were gone, the plain people were in a
majority in the legislature, a majority
they have ever since maintained. Tho
aristocrats were to hold the presidency
for many years, until the advent of
Jackson, but the congress was no long
er theirs. The Federalist party had re-
ceived its mortal wound. But 1t had
bequeathed TO the Union the financial
wasdom of Hamilton, and it had as
sured to the future the constitutional
wisdom of Marshall. IT had failed to
destroy the power of democracy. The
good 1t did lived after it, its evil was
buried with its bones.
The new congress chose Nathaniel
Macon of North Carolina to be speaker
and Immediately set itself TO do the
will of it's master in the White House.
From that day until this the people, the
congress and the president, by common
consent, have refused to keep separate
the legislative and executive branches
of the government. Jefferson was the
first president to take an active and
controlling hand in the shaping of leg
islative policies. Fortunately he was
backed by sympathetic congresses
which rejoiced to do his bidding. But
the precedent was then established
which has led to many bitter conflicts
between the congress and the White
House.
Tomorrow--The American Congress, ".
The Fight on the Bank.