34.

JEFFERSON IS ELECTED PRESIDENT IN 1800, BUT ONLY ON THE 36TH VOTE

The presidential election of 1800 is our subject this week. The candidates included President John Adams
of the Federalist Party and Vice President Thomas Jefferson of the Republican Party. Today with our story is
Frank Oliver and Shep O’Neal.

As president, John Adams was head of the Federalist Party. But the power of that position belonged, in fact,
to former treasury secretary Alexander Hamilton. For this and other reasons, Adams did not like Hamilton.
He said: "Thomas Jefferson will be a good president if elected. I would rather be a minister to Europe under
Jefferson than to be a president controlled by Hamilton."

Hamilton did not like Adams. He did everything he could to block Adams from becoming president again.
He gave his support to another Federalist candidate, Charles Cotesworth Pinckney of South Carolina. Under
the electoral system of that time, the candidate with the most votes became president. The candidate with
the second-highest number of votes became vice president.

A Federalist victory in the election of 1800 would not be easy. The Republicans had a very strong and
popular candidate -- Thomas Jefferson. So, Federalist Party leaders attempted to change the electoral
system. The Constitution said state legislatures were to choose electors to vote for president. The
Federalists tried to gain control over the legislatures' decisions.

They wanted Congress to create a special committee to rule if an elector had -- or did not have -- the right
to vote. The committee could say if an elector's vote should be counted or thrown away.

The committee would have six members from the Senate and six members from the House of
Representatives. The thirteenth member would be the chief justice of the United States. Creating such a
committee violated the Constitution. Federalist leaders knew this. So, they wanted Congress to approve the
committee, but keep the measure secret until after the election.

The Federalists held a majority of seats in the Senate. And the Senate voted to approve the proposal. Some
Federalist members of the House of Representatives denounced it. They made many changes to the
proposal. The Senate refused to accept the changes. Without agreement by both houses of Congress, the
bill died.

Federalist leaders saw their hopes for an election victory begin to disappear. By the summer of 1800,
Thomas Jefferson's Republican Party had strong leaders in every state. It had many newspapers to express
party ideas. Jefferson decided to take a holiday at Monticello, his farm in Virginia.

The Republican Party leader in New York was a lawyer, Aaron Burr. Burr had served as an officer under
General George Washington during America's war for independence from Britain. After the war, he joined
the Federalist Party and was elected to the United States Senate. Later, he changed parties and became a
Republican. In 1800, a group of both Federalists and Republicans supported him as a candidate for
president. Aaron Burr and Alexander Hamilton were bitter enemies.

When Hamilton learned of a plan by his own party to elect Burr president, instead of Jefferson, his reaction
was quick and sharp. "Anybody," he said, "even Thomas Jefferson, is better than Aaron Burr. Jefferson is not
dangerous. Burr is. Jefferson's ideas of government are wrong. But at least he is an honest man. Burr is a
man without honesty and character. He will destroy America."

The president elected in 1800 would govern in a new capital city. The national government would move
from Philadelphia to Washington, a newly built city in the District of Columbia. It was on the Potomac River
between the states of Maryland and Virginia.

When President Adams and his wife Abigail arrived in Washington, D.C., they found a frontier town. There
were few houses or streets. Mrs. Adams could not believe what she saw. She wrote to her daughter: "This
is a city only because we call it a city. Our house here is very big. But the rooms are not finished. There is
almost no furniture. There are not enough lamps for light."

A street called Pennsylvania Avenue went from the president's house to the Capitol building where
Congress would meet. On each side of the street -- where buildings stand today -- there were fields of mud.
This was the new federal city, the new capital of the United States. This was where the winner of the
presidential election of 1800 would begin his term of office.

George Washington won America's first two presidential elections without opposition. John Adams won
the third presidential election by three votes. This time, in 1800, there was no clear winner. When the
electors' votes were counted, President Adams had sixty-five votes. But Thomas Jefferson and Aaron Burr
each had seventy-three votes. So, under the Constitution, the House of Representatives would choose
between Jefferson or Burr -- the candidates with the highest number of votes.

Each congressman could vote. But each state had just one vote. That vote would go to the candidate
supported by a majority of congressmen from the state. A candidate had to receive a majority of the state
votes to win. In 1800, that was nine of the 16 states.

The Federalists saw the situation as their last chance to control the presidency. They had two plans. They
would try to block Congress from electing either Jefferson or Burr as president. They would try to find a
way to put executive power in the hands of a Federalist. If the plan failed, they were prepared to elect Burr.

The Federalists tried to make people believe that Burr was working with them, against Jefferson. Burr
denied this. In a letter to Jefferson, Burr wrote: "Every Republican wants you to be president of the United
States. Every good Republican wants to serve under you. I would be happy and honored to be your vice
president. And, if you believe I could help you better in some other position, I would do so."
On 11th February, the House of Representatives began to count votes, state by state. Eight states chose
Jefferson. Six chose Burr. The representatives of two states Maryland and Vermont gave each man an equal
number of votes. There was no majority within those states. Neither man won the votes of those states.

The voting continued. All that day and throughout the night the representatives voted. Twenty-seven times
the count remained the same. Eight states for Jefferson. Six for Burr. Two undecided. The next morning, the
representatives decided to rest for four hours. The voting began again at noon. There was no change.

The thirteenth of February passed, then the fourteenth and fifteenth. Still no change. The House voted
thirty-three times. It could not elect a president. A change in the vote of just one congressman from
Maryland or Vermont could decide the contest. Later, after the election, the representative from Delaware
said he had met with two congressmen from Maryland and one from Vermont. All were Federalists. All had
voted for Aaron Burr.

The Delaware congressman said they claimed they spoke with a friend of Thomas Jefferson. He said they
told Jefferson's friend they would change their votes if Jefferson made certain promises. Jefferson denied
that he had made any political promises. He said many men tried to get promises from him. But he said he
told them all that he would never become president with his hands tied.

History experts do not agree on what really happened. What is sure is that the House of Representatives
voted for the thirty-sixth time on February seventeenth. Ten states, including Maryland and Vermont, voted
for Thomas Jefferson. Four states voted for Aaron Burr. Two states -- Delaware and South Carolina -- did not
vote. But Jefferson had the majority he needed. He would be the new president.

35. JEFFERSON, AT INAUGURAL, URGES UNITY OF HEARTS AND MINDS

On March 4, 1801, Thomas Jefferson walked to the Capitol building in Washington. He was about to be
inaugurated as the third president of the United States. He entered the Capitol to the thunder of cannon.
All the senators and representatives stood until Jefferson sat down. A few moments later, the newly elected
president rose and began to read his inaugural speech. Harry Monroe tells us what he said.

Friends and fellow citizens: I have been called to the position of chief executive of our country. I must tell
you how honored and thankful I am. But I must tell you, too, of my fears.

Yes, I must tell you that the duties of your president are too much for anyone man. However, I tell myself
that I am not alone. When I see all your faces, I understand the wisdom of those who wrote our
Constitution. For in you, the members of Congress, and in the judicial branch of our government, I know
that I shall find the strength, the honesty, the courage that I shall need.
We have passed through a hard year of bitter struggle between two political parties. We have shown the
world that in America all can speak, write, and think freely. The debate is over. The people have decided.
Now is the time for all of us to unite for the good of all.

The majority of the people have won the contest. But we must always remember that there is a minority.
True, the majority must rule. But the rule of the majority must be just. The rights of the minority are equal
to the rights of the majority and must be protected with equal laws.

Let us unite with hearts and minds. Let us have peace and love in our relations with each other. For without
peace and love, liberty and life are sad things indeed. Let us remember that the religious freedom which
we have in the United States is nothing if we do not have political freedom if we permit men to be
punished because they do not agree with the majority.

For hundreds of years in Europe, men have killed and have been killed in the name of liberty. It is not
surprising, then, that even here -- in our peaceful land -- all cannot agree. But it is possible to have different
ideas without forgetting our common wish.

We are all republicans, we are all federalists. Most of us love our country. Most of us want it to grow. There
may be among us those who want to end the union of the states or to end our republican government.
Well then, let those men speak freely, without fear. They are wrong. But America is strong enough to let
them say what they wish.

When men can think and speak freely, there is no danger to the nation. Those who do not agree with them
also have the right to think and speak freely. There are some honest Americans who are afraid that a
republican government cannot be strong. But I ask these good men one question. Do they want us to
destroy a government, which has kept us strong and free for ten years? I hope not.

We have here in the United States the best and strongest government in the world. This is the only nation
on the Earth whose citizens know that the government belongs to them. Then there are some who say that
men cannot govern themselves. What do they offer us instead? Government by kings? Are kings men, or
are they angels? I will let history answer this question.

Let us keep our union and our government by the people through their elected representatives. We are
very fortunate here in the New World. Three thousand miles of ocean separate us from the wars and the
dictatorships of Europe. Here we do not suffer as the people of Europe do. Here we have great and rich
land, with room for a hundred, perhaps a thousand generations of Americans yet to be born.

We -- and the American children who will come after us -- all have equal rights. We honor a man not
because of his father, but for what the man is. We do not care what religion a man follows. In this country,
men practice religion in many ways. Yet all our religions teach honesty, truth, and the love of man. All
worship one God who rules the universe, who wants men to be happy in life. Yes, we are fortunate people.
What more do we need to make us happy? We need one more thing, my fellow citizens: a wise
government. A government that keeps men from injuring each other. A government that gives men the
freedom to live and work in peace as they wish, and does not take from them the fruit of their labor. That is
good government.

In my short speech, I cannot tell you all the things that I believe our government should do, and should not
do. But I will tell you what I believe to be the most important principles of our government. This is what I
believe in: The same and equal justice to all men no matter what their religion, their political beliefs, or
their class. Peace, trade, and friendship with all nations, but alliances for war with no nations. Support of
the rights of the state governments, which are the best defenders of our republic. A strong central
government under the Constitution protects our peace at home and our safety in other parts of the world.

We keep the right of the people to elect their representatives. This is the safe way to change governments
that make mistakes. Without the right to the election, we will have a bloody revolution. In our election, the
majority must rule. This is the lifeblood of a republic. If the majority is not allowed to rule, then we will
have a dictatorship. America should have a good volunteer army to protect us in peace and in the first days
of war until we use professional soldiers. But at all times, the civil officers of the government must be first
over the military officers.

The rights of man will be of the highest importance in this government. Information, knowledge, and
opinions must move easily and swiftly. We will support freedom of religion, freedom of the press, freedom
of the person protected by the habeas corpus, and the right to trial by juries that are chosen fairly.

These are the freedoms that brought us through a revolution and that made this nation. Our wise men
wrote these freedoms. Our heroes gave their lives for these freedoms. They are the stones on which our
political philosophy must be built. If we make the mistake of forgetting them, let us return to them quickly.
Only these rights of man can bring us peace, liberty, and safety. Well then, my fellow citizens, I go to the
position which you have given me. I am no George Washington. I cannot ask you to believe in me as you did
in the man who led us through our revolution -- the man who will always be first in the love of our country.
I ask only that you give me your support and your strength.

I know that I shall make mistakes. And, even when I am right, there will be men who will say that I am
wrong. I ask you to forgive my mistakes which, I promise, will at least be honest mistakes. And I ask you to
support me when I am right against the attacks of those who are wrong. Always, my purpose will be to
strengthen the happiness and freedom of all Americans -- those who do not agree with me, as well as
those who do. I need you. I go to my work as president of the United States, ready to leave that position
when you and the American people decide that there is a better man for it. May the power that leads the
universe to tell us what is best, and bring to you peace and happiness.
36. JEFFERSON BEGINS PRESIDENCY WITH A LOYAL CABINET

In 1801, the United States had a new president, Thomas Jefferson. It also had a new party in power: his
Democratic-Republican Party. Though supporters of Jefferson were called Republicans, that party led to the
modern Democratic Party.

On taking office, Jefferson spoke of the bitter struggle between his party and the Federalist Party of
Alexander Hamilton. The United States now had a two-party system. Jefferson held out the hand of peace
and friendship to the Federalists. He said: "We are all Republicans. We are all Federalists. Let us unite with
hearts and minds. Let us have peace and love in our relations with each other." Now, Jack Weitzel and
Stuart Spencer continue our story.

Thomas Jefferson, the third president of the United States, thus held out the hand of friendship to the
Federalists. But Alexander Hamilton did not accept it. As Jefferson became president, Hamilton made a
speech attacking Jefferson. Hamilton had decided to continue fighting the democratic movement in the
United States. This did not worry Jefferson. He was sure he could show even the Federalists that his
program was good for all. Of course, he said, the top leaders of the Federalists -- men like Hamilton -- could
never be changed. But he was more interested in bringing their followers to his side.

Jefferson was a happy president in those early days of 1801. Jefferson said: "We can no longer say that
there is nothing new under the sun. What we have done in this country is all new. The force of public
opinion is new. But the most important and pleasing newness is that we have changed our government
without violence. This shows a strength of American character that will give long life to our republic.

"We have proved that freedom of the press, freedom of speech, and freedom of thought are necessary for
a healthy nation. Let men argue with each other. The arguments may become bitter. But the bitterness is
just a cloud that passes. And out of the arguments will come the truth."

As for the Federalist leaders, they too -- except for Hamilton -- were pleased. President Jefferson had said in
his inaugural speech: "We are all Republicans. We are all Federalists." This, the Federalist leaders said,
showed that Jefferson would not even think of trying to destroy their program.

George Cabot, the strongest Federalist leader in New England, usually agreed with Hamilton. But now, he
did not. Cabot said, "I believe that our new president wants to stay out of war. We do not have to worry any
longer that he plans to join France against England. He is friendly to us and wants our help. Therefore, I am
sure that he will not dismiss any of our people from their government positions."

Another Federalist leader -- Timothy Pickering -- the secretary of state under President Adams, said: "I am
satisfied that Jefferson will not make any important changes in government policy and that he will depend
for support more on us Federalists than on the Democrats."
During those first few weeks of the new government, the Federalist leaders believed that Jefferson was
afraid of them, that he had surrendered to them and would soon be destroyed as the leader of the
Republican Party. One Federalist wrote: "Soon Jefferson will feel the bite of his dirty Democrats when they
attack him!" Jefferson soon did hear complaints from Republican leaders who felt he was being too kind to
the Federalists.

William Giles, a Jeffersonian leader in Virginia, wrote: "Of course, I am very pleased by the president's
inaugural speech. The president's program is correct. It agrees with the opinions of the people. But I still
think that the president's success will depend on how he carries out his program.

"Let him offer friendship to the Federalists. But he must not permit friendship to become a weakness. His
friends believe that the first thing he must do is to clean out the executive branch of the government. He
must dismiss from office all men who are enemies of the Republican program."

Even James Monroe wrote a strong letter to the president:

"Your speech and your program are healthy and good. But there are serious dangers ahead of you. There
are two parties in this country, not one. One of these parties, the Federalists, has controlled the
government for twelve years and has hurt our nation greatly. Some of these Federalists now speak softly to
you and promise their support.

"But you must remember, too, that there are thousands of good Republicans who have always supported
you. If you keep Federalists in office, if you appoint Federalists to office, many of these good Republicans
will stop believing in you.

"Certainly, there is no reason why you should give jobs to men who worked for the Federalist government
of John Adams. Certainly, you must throw out the officials of the last government who stole money and
sold their services. Do this and you will give strength to our Republican movement.

"Please understand me. I am speaking only of high offices. I do not ask that you dismiss small officials
because they are Federalists. They have a right to their political beliefs. Let them keep their jobs. This will
show that you are a president who can accept different political opinions."

As the Federalists and the Republican leaders kept asking Jefferson for positions in the government, the
president was thinking of his cabinet. He quickly decided who would be his secretary of state and secretary
of the treasury.

James Madison of Virginia -- Jefferson's old friend and the father of the Constitution -- would be secretary
of state. As secretary of the treasury, Jefferson chose Albert Gallatin of Pennsylvania, the brilliant leader of
the Republicans in Congress, the man who understood economics and finance as well as Alexander
Hamilton. For the War Department, Jefferson turned to General Henry Dearborn of New England.
Jefferson's first choice to be secretary of the Navy was Judge Robert Livingston, the great lawyer from New
York. But Judge Livingston rejected this position. Jefferson finally chose Robert Smith of Baltimore,
Maryland. The president had already appointed one man from New England to his cabinet, Secretary of
War Dearborn. Yet, he went to New England for two more appointments.

Jefferson knew that the strength of the Federalist Party was greater in New England than in any other part
of the country. He believed that there was no better way to move New England away from the Federalist
program than to give cabinet positions to men from New England.

And so, Jefferson found his attorney general in Levi Lincoln of Massachusetts. Like Dearborn, Lincoln was a
patriot of the American Revolution. He had been a supporter of Jefferson from the beginning. He was
famous as a lawyer in Massachusetts, where he was the top leader of the Republican Party.

Jefferson went to New England, too, for the postmaster general. It was not yet a cabinet office. But its
importance was growing. The president gave this appointment to Gideon Granger -- lawyer, businessman,
and writer, one of the strong Jeffersonians in the state of Connecticut. Such was Jefferson's cabinet. All
strong Republicans. All completely loyal. The Federalists were shocked. Not one of their men had been
appointed.

37. JEFFERSON MOVES TO CUT DEBT, SPENDING

By 1801, Thomas Jefferson of Virginia had already done much for his country. He wrote the Declaration of
Independence in 1776. He served as America's first ambassador to France and its first secretary of state.
Now he would govern the nation. This week in our series, Maurice Joyce and Richard Rael will continue the
story of America's third president.

Thomas Jefferson was happy and hopeful as he took office. His new political party, the Republicans, had
defeated the older Federalist Party. The Federalists had controlled the government for twelve years.
America's first president, George Washington, was not a Federalist. But Federalists controlled the cabinet
and the Congress during Washington's two terms. America's second president, John Adams, was a
Federalist. So the party continued its control during his term.

The Federalists and the Republicans held very different opinions about how to govern the nation. Yet the
change in power from one party to the other took place peacefully. Thomas Jefferson recognized the
importance of this fact. He said: "What we have done in this country is all new. The force of public opinion
is new. But the most important and pleasing newness is that we have changed our government without
violence. This shows a strength of American character that will give long life to our republic." President
Jefferson wanted to work with Federalists for the good of the nation. But he chose no Federalists for his
cabinet. All the cabinet officers were strong Republicans. All were loyal to Thomas Jefferson. James
Madison of Virginia was secretary of state; Albert Gallatin of Pennsylvania, secretary of the treasury;
General Henry Dearborn of New Hampshire, secretary of war; Robert Smith of Maryland, secretary of the
Navy; and Levi Lincoln of Massachusetts, attorney general.

For other government positions, Jefferson decided to take a middle road. He would remove all officials
appointed by former President John Adams during his lame-duck period. That was the time after Jefferson
won the election, but before he took office. He also would remove all officials found guilty of dishonesty.

He said: "Federalists in government positions have nothing to fear if they have acted honestly and with
justice. Those who have acted badly must go. As for the men I appoint to office, they must be of the highest
character. I will accept no others."

Federalist leaders denounced Jefferson's policy. They thought all Federalists should keep their government
jobs. Many Republican leaders denounced Jefferson, too. They thought no Federalist should have a
government job. The president was caught between the two groups. He finally answered his critics. "Shouts
and screams from Federalists or Republicans," he said, "will not force me to remove one more official or
one less. I will do what I think is right and just."

Once President Jefferson formed his cabinet, he began planning the policies of his administration. His two
closest advisers were Secretary of State Madison and Treasury Secretary Gallatin. First, they discussed
financial policy.

They agreed that the government must stop spending as much money as it did under former president
Adams. So, government departments would get less money. They also agreed that the government must
pay its debts as quickly as possible. The government owed millions of dollars. Each year, the debt grew
larger because of the interest on these loans. Albert Gallatin said: "We must have a strong policy. The debt
must be paid. If we do not do this, our children, our grandchildren, and many generations to come will have
to pay for our mistakes."

President Jefferson wanted to pay the government debt. He also wanted to cut taxes on the production and
sale of some products, such as whiskey and tobacco. He hoped the government could get all the money it
needed from import taxes and from the sale of public lands. Jefferson began saving money by ending
unnecessary jobs in the executive branch. He reduced the number of American ambassadors. He dismissed
all tax inspectors.

Congress would have to take the next steps. "Most government offices," Jefferson said, "were created by
laws of Congress. Congress alone must act on these positions. The citizens of the United States have paid
for these jobs with their taxes. It is not right or just for the government to take more than it needs from the
people." Jefferson especially wanted Congress to reduce the judicial branch. He hoped to dismiss all the
Federalist judges' former President Adams appointed during his last days in office. These men were known
as "midnight judges." The Federalists were furious. They accused Jefferson of trying to destroy the courts.
They warned that his financial program would crush the nation. They declared there would be anarchy if
Federalist officials were dismissed. Most people, however, were happy. They liked what Jefferson said. They
especially liked his plan to cut taxes.

Jefferson's biggest critic was his long-time political opponent, Alexander Hamilton. Hamilton had served as
the nation's first treasury secretary. Now, he was a private lawyer in New York City. He published his
criticism of Jefferson in a newspaper he started, the New York Evening Post.

While the public debated Jefferson's policies, Congress debated his proposal to reduce the number of
federal courts. Federalist congressmen claimed that the president was trying to interfere with the judiciary.
This, they said, violated the Constitution. Republican congressmen argued that the Constitution gave
Congress the power to create courts and to close them. They said the former administration had no right to
appoint the so-called "midnight judges."

The Republicans won the argument. Congress approved President Jefferson's proposal on the courts. Next,
Congress debated the president's proposal to cut taxes. Federalists said it was dangerous for the
government to depend mainly on import taxes. They said such a policy would lead to smuggling. People
would try to bring goods into the United States secretly, without paying taxes on them.

Federalists also said that if the United States cut taxes, it would not have enough money to pay its debts.
Then no one would want to invest in the United States again. Republicans said they were not afraid of
smugglers. The danger, they said, would come from taxing the American people. There was no need for
production and sales taxes. And, they said, the American people knew it. The Republicans also said they
were sure the government would have enough money to pay its debts.

The Republicans won this legislative fight, too. Both the Senate and the House of Representatives voted to
approve the president's plan to cut taxes. Congress then turned to other businesses. But the question of
the midnight judges would not die. In fact, the Supreme Court would hear the case of one of those judges.
Its decision gave the court an extremely important power, which it still uses today. That will be our story
next week.
38. JEFFERSON GETS LOUISIANA TERRITORY FROM FRANCE

In our last program, we talked about two proposals by President Thomas Jefferson. Congress approved
both of them. One proposal ended some taxes. The other reduced the number of judges appointed by John
Adams when he was president.

In the closing days of Adams' term, Congress passed a Judiciary Act. This act gave Adams the power to
appoint as many judges as he wished. It was a way for the Federalist Party to keep control of one branch of
government. The Federalists had lost the presidency and their majority in Congress to Thomas Jefferson
and his Democratic-Republican party -- known today as the Democratic Party. Now, Tony Riggs and Shep
O’Neal continue the story of America’s third president, Thomas Jefferson.

President Adams quickly created new courts and named new judges. Just as quickly, the Senate approved
them. The papers of appointment were signed. However, some of the judges did not receive their papers,
or commissions, before Thomas Jefferson was sworn-in. The new president refused to give them their
commissions. One of the men was William Marbury. He asked the Supreme Court to decide his case.

The Chief Justice was John Marshall, a Federalist. Marshall thought about ordering the Republican
administration to give Marbury his commission. On second thought, he decided not to. He knew the
administration would refuse his order. And that would weaken the power of the Supreme Court. Marshall
believed the Supreme Court should have the right to veto bills passed by Congress and signed by the
president. In the Marbury case, he saw a chance to put this idea into law.

Marshall wrote his decision carefully. First, he said that Marbury did have a legal right to his judicial
commission. Then, he said that Marbury had been denied this legal right. He said no one -- not even the
president -- could take away a person's legal rights.

Next, Marshall noted that Marbury had taken his request to the Supreme Court under the terms of a law
passed in 1789. That law gave citizens the right to ask the high court to order action by any lower court or
by any government official. Marshall explained that the Constitution carefully limits the powers of the
Supreme Court. The court can hear direct requests involving diplomats and the separate states. It cannot
rule on other cases until a lower court has ruled.

So, Marshall said, the 1789 law permits Marbury to take his case directly to the Supreme Court. But the
Constitution does not. The Constitution, he added, is the first law of the land. Therefore, the congressional
law is unconstitutional and has no power. Chief Justice Marshall succeeded in doing all he hoped to do. He
made clear that Marbury had a right to his judicial commission. He also saved himself from a battle with
the administration. Most importantly, he claimed for the Supreme Court the power to rule on laws passed
by Congress.
President Jefferson understood the importance of Marshall's decision. He did not agree with it. He waited
for the Supreme Court to use this new power. Several times during Jefferson's presidency, Federalists
claimed that laws passed by the Republican Congress violated the Constitution. But they never asked the
Supreme Court to reject those laws. During Jefferson's first term, the US faced a serious problem in its
relations with France.

France had signed a secret treaty with Spain. The treaty gave France control of a large area in North
America -- the Louisiana Territory. Napoleon Bonaparte ruled France at that time. Jefferson did not want
him in North America. He felt the French presence was a threat to the peace of the United States. He
decided to try to buy parts of Louisiana. Jefferson sent James Monroe to Paris as a special negotiator.
Before sailing, Monroe met with the president and Secretary of State James Madison. They discussed what
the United States' position would be on every proposal France might make.

First, Monroe would try to buy as much territory east of the Mississippi River as France would sell. If
France refused, then Monroe would try to buy an area near the mouth of the Mississippi River. The area
was to be large enough for a port. Monroe never had a chance to offer the American position. Napoleon
had decided to sell everything to the Americans. He told his finance minister to give up Louisiana -- all of it.
Napoleon needed money for a war with Britain.

James Monroe was happy to negotiate the purchase of Louisiana. They agreed on a price of eighty million
francs for all the land drained by the great Mississippi River and all its many streams. Federalists in the
northeastern states opposed the decision to buy Louisiana. They feared it would weaken the power of the
states of the northeast. Federalist leaders made a plan to form a new government of those states. But to
succeed, they needed the state of New York.

Vice President Aaron Burr was the political leader of New York and a candidate for New York governor. The
Federalists believed Burr would win the election and support their plan. But Federalist leader Alexander
Hamilton did not trust Burr. The two had been enemies for a long time. Hamilton made some strong
statements against Burr during the election campaign in New York. The comments later appeared in
several newspapers. Burr lost the New York election. The Federalist plan died for a new government of
northeastern states.

After the election, Burr asked Hamilton to admit or deny the comments he had made against Burr.
Hamilton refused. The two men exchanged more notes. Burr was not satisfied with Hamilton's answers.
He believed Hamilton had attacked his honor. Burr demanded a duel. A duel is a fight, usually with guns. In
those days, a duel was how a gentleman defended his honor. Hamilton opposed duels. His son had been
killed in a duel. Yet he agreed to fight Burr on July eleventh, 1804.
The two men met at Weehawken, New Jersey, just across the Hudson River from New York City. They
would fight by the water's edge, at the bottom of a high rock wall. The guns were loaded. Burr and
Hamilton took their places. One of Hamilton's friends explained the rules. "Are you ready, gentlemen?" he
asked. Both answered "yes." There was a moment of silence. He gave the signal. Burr and Hamilton
raised their guns. Two shots split the air. Hamilton raised up on his toes, then fell to the ground. Burr
remained standing. He looked at Hamilton with regret, then left. Hamilton died the next day.

Newspapers throughout the nation reported Hamilton's death. Most people accepted the news calmly. To
them, it was simply the sad end to an old, private dispute. But Burr's political enemies charged him with
murder. The vice president fled to the southern state of Georgia.

The nation was preparing for the presidential election in a few months. Once again, the Republican Party
chose Thomas Jefferson as its candidate for president. But Republicans refused to support Aaron Burr for
vice president again. Instead, they chose George Clinton. Clinton had served as governor of New York
seven times. The Federalist Party chose Charles Cotesworth Pinckney of South Carolina as its candidate for
president. It chose Rufus King of New York to be its vice-presidential candidate. The campaign was quiet.
In those days, candidates did not make many speeches.

Republican pamphlets told of the progress made during the past four years. The former Federalist
administration raised taxes, they said. Jefferson ended many of the taxes. The Federalists borrowed
millions of dollars. Jefferson borrowed none. And, Jefferson got the Louisiana Territory without going to
war. The Federalists could not dispute these facts. They expected that Jefferson would be re-elected. But
they were sure their candidate would get as many as 40 electoral votes. The results shocked the
Federalists. Jefferson received 162 electoral votes. Pinckney received just 14. Thomas Jefferson would be
president for another four years. That will be our story next week.

39. A SUPREME COURT JUSTICE IS PUT ON TRIAL IN 1805

We talked last week about the presidential election of 1804. Thomas Jefferson, the nation's third president,
was easily re-elected. He was head of the Democratic-Republican Party, known today as the Democratic
Party. His political opponents were called Federalists. Now, Doug Johnson and Richard Rael begin the story
of his second term as president of the United States.

Jefferson had a very good record during his first term as president. He ended many taxes. He paid
government debts. And he gained possession of the huge Louisiana Territory from France without going to
war. The Federalists were sure he would win the election of 1804. Still, they were surprised by the strength
of his election victory. Jefferson won one hundred 62 electoral votes. His opponent, Charles Cotesworth
Pinckney, won just 14. The Federalists had expected Pinckney to get about forty.
Jefferson received support even in the Northeast. That is where the Federalists had their greatest strength.
What was the explanation? One man tried to explain the meaning of Jefferson's great victory. He was John
Quincy Adams, son of former president John Adams. President Adams had been a firm Federalist. This is
what his son said:

"The power of Jefferson's administration rests on a strong majority of the American people. The president
has great popular support. His re-election shows that the experiment of the Federalists has failed. It never
can and never will be brought to life again. To try to bring it back would be foolish. It would be like trying to
put life into a body that has been buried for years."

After the election of 1804, only seven Federalists remained in the United States Senate. Only 25 remained
in the House of Representatives. The Federalists no longer controlled Congress, although they still
controlled the courts. Many judges had been appointed during John Adams's last days as president. These
judges opposed Thomas Jefferson. Some used the courtroom as a place to attack his policies. Judges were
not supposed to make political speeches in court.

One of the most powerful anti-Jeffersonian judges was Samuel Chase. He was a member of the Supreme
Court. Samuel Chase was from the state of Maryland. He was active in local and national politics for a long
time. He had signed America's Declaration of Independence from Britain. He had served in the Continental
Congresses that governed America during and after its Revolutionary War. Yet he did not agree with all
parts of the US Constitution. When the Maryland legislature voted to approve or reject the Constitution, he
voted against it.

Samuel Chase was not a republican: he believed that Americans should not have the same rights. For
example, he believed that all citizens should not have the right to vote. He said this would lead to mob rule.
He declared that great trouble would come to the government if common people had the same rights as
educated people who owned property.

President Jefferson heard about Chase's statement. He told a member of Congress that he was concerned.
Jefferson asked: "Should this judge's attack on the ideas of our Constitution go without punishment? The
public will look to Congress to take the necessary action against him." During the last months of Jefferson's
first term as president, the House of Representatives began discussing the possibility of removing Justice
Chase from the Supreme Court.

A committee was named to investigate. The committee decided that there was enough evidence to bring
him to trial before the Senate. The full House agreed. The impeachment trial was to begin in February
1805. The judge in the trial was the chief officer of the Senate, Vice President Aaron Burr. Burr would
decide what evidence could or could not be heard. His actions would have great influence over the final
decision.
Both Federalists and Republicans watched Burr closely during the trial. Both groups looked for some sign of
support. Burr gave none. No one found any reason to criticize his actions. The Senate heard testimony for a
little more than three weeks. Then it voted on each of the eight charges against Justice Chase. A two-thirds
vote was needed to declare him guilty. None of the charges received the necessary two-thirds vote. The
impeachment had failed. Samuel Chase could not be removed from the Supreme Court.

President Jefferson had hoped that Chase would be found guilty. He did not get this wish. But, after the
trial, Chase no longer used the courtroom for political purposes. A few days after the impeachment trial
ended, Thomas Jefferson was to be sworn in as president for a second term. In those days, the inauguration
of the American president was held in March, not January.

Aaron Burr would not be serving with Jefferson again. The Republican Party had not supported him for vice
president. Instead, it chose George Clinton, who had been governor of New York state. Before leaving
office, Burr decided to make one last speech to the Senate.

The senators were very interested in what Burr had to say. Even his political opponents sat up and listened.
Burr told his friends goodbye. He said he might never see them again. Yet he said they could still join
together in defending freedom and social justice. He spoke of the senators' great responsibility to protect
liberty, the law, and the Constitution. "If the Constitution is ever destroyed," he said, "its final breaths will
come on this floor."

Aaron Burr faced a future full of questions. He had lost all political power. He owed large amounts of
money. He could not return to his home in the New York area. He would face criminal charges there as a
result of his duel with Alexander Hamilton. Burr had shot and killed Hamilton in the duel. At the end of
March 1805, Burr wrote to his daughter. "In ten or twelve days," he said, "I shall be on my way west. The
trip may lead me to New Orleans, perhaps even farther."

He wrote to his daughter's husband. He said he would not return home. "In New York," he wrote, "I would
lose my freedom. In New Jersey, I would be hanged. For the present, I will not take a chance." What would
Burr do instead? For more than a year, he had thought about a secret plan. Details are not clear, because
he said different things to different people. But history experts say the plan is to attempt to seize Mexico
from Spain.

Burr could not keep his plan a secret from everyone. He needed help. He worked with two men. One was
Jonathan Dayton, a former United States senator. The other was James Wilkinson, military governor of the
Louisiana Territory. Burr also needed money. He got some from his daughter's husband. He got some from
a man in Ohio named Blennerhassett. Blennerhassett had become rich after coming to America from
Ireland.
History experts say Burr tried to get help from Britain, too. Burr told the British ambassador in Washington
that he wanted money and ships to create a new country. It would include Mexico and several western
states. The states would be split away from the Union. The British ambassador liked Burr's plan. He told
Burr that he would urge his government to support it. It would take at least four months, however, for the
ambassador to communicate with his government in London. Burr decided not to wait for an answer. He
began his trip to the West. That will be our story next week.

40. THE TREASON TRIAL OF AARON BURR, FORMER VP

Aaron Burr was vice president of the United States. His term came to an end in 1805. He was heavily in
debt and his political future did not look promising. Burr was not without plans, however. For some time,
he had been considering an idea. He wanted to seize Mexico from Spain. Burr made secret deals with a
number of people. He told them different things to get their help or their money for his plan. What was
Aaron Burr's real goal? Was it to seize Mexico? Or was it to create a country of his own out of some of
America's western lands? The facts are not clear. This week in our series, Shirley Griffith and Steve Ember
tell about Burr's secret activities and the trial that ended them.

Burr traveled west in the spring of 1805. His trip would take him down the Ohio and Mississippi rivers to
the port city of New Orleans. In that city, he talked with a number of rich, powerful men. He explained his
plan. And he found support among those who wished to end Spanish control of Mexico. Burr was then
ready to return east and put his plan into action. On the way back, Burr stopped in Saint Louis to see
General James Wilkinson, governor of the Louisiana Territory. Wilkinson was plotting with Burr.

At the same time, however, Wilkinson was spying for Spain. He did not want to lose the money Spain paid
him for information. So he began to think about how he could pull out of Burr's plan. He advised Burr that
it might be best to forget Mexico, that perhaps the time was not right. He offered to help Burr get back into
politics as a congressman from Indiana. Burr rejected Wilkinson's offer. He was not yet ready to give up his
dream about Mexico. Burr had hoped to begin his move against Mexico in the spring of 1806. Without
money, however, he could do nothing.

He tried to get money from people who might be interested in sharing the riches of Mexico. But he was not
successful. Nor did he get the money and ships he had asked earlier from Britain. A war between the US
and Spain was an important part of Burr's plan. Should there be such a war, Burr was sure the men of the
western lands would join him against the Spanish in Mexico. Without war, the campaign might fail. Burr
received bad news after he returned to Washington. He met with President Thomas Jefferson. Jefferson
made clear that there would be no war with Spain. After his meeting with Jefferson, Burr began to make
new plans. He would forget the idea of invading Mexico -- at least temporarily. Instead, he said he would
build a settlement in Louisiana and wait for a better time. While Aaron Burr had been traveling in the west,
stories began to spread about his activities. Newspaper reports came close to accusing him of plotting to
split the Union. People seemed willing to believe the reports. This was the situation General Wilkinson
would use to pull out of Burr's plan.

Wilkinson wrote a letter to President Jefferson. He claimed that a force of ten thousand men was moving
toward New Orleans. He said it was part of a campaign against Mexico. He gave details of the campaign but
claimed he did not know who was leading it. He warned the president that the force might try to seize
Louisiana as well as Mexico. It was not the first letter Jefferson received about Burr's Mexican campaign.
Nor was it the first to say that Burr was planning to split some western states from the Union. But, unlike
the other letters, Jefferson accepted Wilkinson's as firm evidence against Burr.

The president called a cabinet meeting to discuss what should be done. The result of the meeting was this:
all American military commanders were ordered to stop Burr. President Jefferson then made a public
declaration. He said a private military campaign was about to begin against the Spanish, and that anyone
involved should leave it immediately. The declaration did not speak of Aaron Burr by name.

Jefferson also spoke of the private military campaign in his yearly State of the Union message to Congress.
Congress asked for more information. In a special message, the president said Burr had several plans. One
was to split the western states from the Union. The other was to seize Mexico. He said Burr wanted to
make people believe he was building a settlement in Louisiana. But, he said, that was just a trick. The
president said Burr had discovered that the people of the western states would not support any attempt to
take them out of the Union. So, the president said, Burr had decided to capture New Orleans. Jefferson said
there was no question that Burr was guilty.

Burr's guilt had not been proved in court. But to many Americans, Jefferson's statement was taken as truth.
Some demanded that Burr be put to death for treason. The crime of treason, as explained in America's
Constitution, is the act of a citizen making war against the United States. Burr was arrested in February
1807, and taken to Richmond, Virginia. A federal grand jury hearing would be held to decide if there was
enough evidence to bring him to trial. In June, the grand jury officially charged him with treason. Burr
would stand trial before John Marshall, chief justice of the United States.

At one point in court, Burr spoke for himself. "Treason," he said, "is not possible without action. Yet I am
being attacked -- not for acts -- but because of false reports about what I might do. The whole country has
been turned against me. Is this justice? Wilkinson frightened the president with his reports about me.
Then, the president frightened the people." It was true that President Jefferson wanted to prove Burr
guilty. He ordered government officials in all parts of the country to find witnesses who could give evidence
against Burr.
Some of Jefferson's opponents said he did this to turn the trial into a political battle. They believed he
wanted to use the trial record to attack Chief Justice Marshall, who was a member of the opposition
Federalist Party. Jefferson objected to the way Marshall controlled the Supreme Court. He felt Marshall
used his position to threaten the powers of the presidency and Congress. Chief Justice Marshall knew of
Jefferson's part in the accusations against Burr. He was careful and fair in giving his opinions and decisions.

At the end of August, Chief Justice Marshall stopped taking evidence. He told the court that -- under the
Constitution -- a charge of treason must be proved by two witnesses. He said the government's claim had
not been proved by even one witness. He ordered the jury to decide the case.

On September first, the jury announced its decision. It said: "We of the jury declare that Aaron Burr is not
proved guilty by any evidence offered to us. Therefore, we find him not guilty." Burr and his lawyers angrily
protested the way the decision had been written. They said it was wrong for the jury to say more than
"guilty" or "not guilty." Marshall agreed. He ordered the decision to be changed to read, simply, "not
guilty." The trial was over.

Aaron Burr lived another twenty-nine years. He spent some time in Europe, and then New York City. A few
hours before he died, a friend asked if he had ever plotted -- as part of his plan to seize Mexico -- to split
the Union of American states. Burr answered: "No! I would as soon have thought of seizing the moon and
informing my friends that I would divide it among them."

Our program was written by Frank Beardsley. The narrators were Shirley Griffith and Steve Ember. Join us
each week for THE MAKING OF A NATION – an American history series in VOA Special English. Transcripts,
podcasts, and MP3s of our programs are at voaspecialenglish.com.