Evening journal., 1915-02-18

In other words. chaos must reign If
things continued as they we're. Bayard
conceiving his first duty to be the
preservation of the Federal Govern
ment and being satisfied that Burr
could not be elected. then took means
to bring about Mr.. Jefferson's cleo
tion This was accomplished on Feb
ruary II, and / read now from a let
ter written by Bayard to his cousin,
Samuel Bayard of New Jersey on the
twenty-second of this month. BY the
arrangements / made l became en-
circied by all the doubtful votes and |
made myself responsible for the issue.
When it was perfectly ascertained |
that Burr could not be elected / |
avowed that the only remaining OBJ /
iect was to exclude Jefferson at the |
expense of the constitution. Accord !
ing to an arrangement / had made |
with Maryland came forward and |
avowed my intentions Of putting an
end to the contest. The Glamour was
prodigious.
"'rhe reprOaches vehement I pro-
cured a meeting explained myself
and declared an innexible intention
to run no risk OF the constitution. |
told them that IL necessary ! had de-
termined to become the victim Of the
measure They might attempt to di-
rect the vengeance of the party against
me but the danger OF being a sacri-
fee did not shake my resolution. Some
were appeased: others furious, and
] we broke up in confusion. A second
meeting was no happier in its effect.
| In the end, however, there was a
general acquiesence and the whole
party agreed to vote alike. except Mr..
Esmonds Of Connecticut His persist
ing in voting for Burr induced the
four New England States to do the
same thing. Morris retirod-Vermont
in consequence voted for Jefferson
four members of Maryland voted In
blank,-the result OF the Maryland
vote was the same with Vert. South
! Carolina and Delaware voted in blank
ut is seldom possible under our
form OF government that into the
hands of one man is placed the power
of electing the President Of the whole
country, yet, so il was in this case,
and the question to be decided by a
young man of thirty-four was whether
with the exercise Of power, which he
undoubtedly possessed. he would, to
use his own words. Go without n
constitution and take the risk OF
Civil War or vote for man to whose
politics and personality he was BIT
terly opposed in order to save the
Ship Of State. Il is hardly probable
that such circumstances will ever
arise again, but Il should be remem-
berod nevertheless, that when once
they did arise Delaware's representa-
tive arose above his party and saw
only the welfare OF his country ana
so performed his duty. Immediately
after Jefferson's election and before
his induction to office President
Adams sent to the Senate Bayard's
appointment as Minister to the French
Republic and il was at once confirm
ed This action of Adams was, OF
course. kindly meant, so far as Bay
ard was concerned. although II Is
/ questionable whether the same degree
Of kindness was meant toward JEFF
ferson. but the situation was such
that Bayard could not, under the cir
cumstances, accept. And he at once
wrote to the President the following
letter resigning the appointment:
"Tho President OF the United
States:
washington, 10 Feb, 1901.
"Sir: beg you to accept my
thanks for the honor conferred on
me by the nomination as minister
to the French Republic.
Under most circumstances
should have been extremely grati-
fed with such an opportunity Of
rendering myself serviceable TO
the country. But the delicate sit
uation in which the late presiden-
tial election has placed us for
bids me exposing myself I'd the
suspicion of having adopted inn
pure motives the line of conduct
- which I pursued.
, Representing the smallest State
T in the Union. without resources
8 which could furnish the means of
@ self protection. / was compelled
4 by the obligation of sacred duty
G so TO act as not to hazard the
IS constitution upon which the polr
r. iiical existence of the State de-
IT pends.
D. "The service which should have
y to render by accepting the ap-
Is pointment. would be under the adj
II ministration of Mr.. Jefferson and
le having been in the number of
those who withdrew themselves
A. from the opposition to his cleo
m tion il is impossible for me TO
le take an Office. the tenure of which
Of would be at his pleasure.
d. you will therefore pardon me
W sir for begging you to accept my
I'd resignation of the appointment.
n Il have the honor TO be
H. "With perfect consideration,
y "Your very obedient servant,
n James A. Bayard.
G. I'm 1902. BsSard's forensic an
I'd legal abilities were again brought
in the front when he delivered his eel,
H. brated reply to Mr. Giles of Virgini
~ on the repeal Of the Judiciary Bill
In In the closing months of Adams &C
RS ministration the Federal judiciary syl
at tenn was changed by the creation ,
~ Circuit Court Judges because IL wa
ce found that the distances required
s. be travelled by the Supreme Coui
)n Judges in riding their several circuit
T. was too great to allow them TO Civ
gs proper time and attention to the
a. work in the Supreme Court at Wasl
10 ington. The act having been passe
IS Adams naturally placed Federi
nut judges in office or as they have sinS
es. been known as the Midnight Judge.
as because of their appointment an
his confirmation within but few days
at, the end of his term. II was becau
ca Jefferson and his followers feare
en-. the control of the judiciary by Il
cal Eodpraligte that this act was final