Dispute with the Judiciary
Jefferson restored the party balance in the civil service, but he was relatively unsuccessful in his moves against the judiciary, which had been reinforced by fresh Federalist appointees at the very end of the Adams administration. In the eyes of Jefferson and the Republicans, the federal judiciary constituted a branch of the opposing party and could be expected to obstruct the administration in every possible way. He treated as null and void late appointments by Adams that seemed of doubtful legality, and the Republicans repealed the Judiciary Act of 1801 with his full approval. But he was rebuked by Chief Justice John Marshall in the famous case of Marbury v. Madison (1803) for withholding the commission of a late-hour appointee as justice of the peace. The effort to remove partisan judges by impeachment was a virtual failure, and the Federalists remained entrenched in the judiciary, though they became less actively partisan.
The Louisiana Purchase
These partial political failures were more than compensated by the purchase of Louisiana in 1803, the most notable achievement of Jefferson’s presidency. His concern for the free navigation of the Mississippi River had caused him, while secretary of state, to assume a more belligerent tone toward Spain, which controlled the mouth of the river, than toward any other nation. The retrocession of the province of Louisiana from Spain to France, now powerful and aggressive under Napoleon, aroused his fears and, for the first time in his career, caused his diplomatic friendship to veer toward the British.
The acquisition of an imperial province, rather than the mouth of the river, was a fortunate accident that added the West to the American Union. The treaty that Robert R. Livingston and James Monroe sent home aroused constitutional scruples in Jefferson’s mind, which he expressed privately. Because this vast acquisition of territory would inevitably change the character of the Union, it seemed to him that it should be authorized by a constitutional amendment. But the process of amendment was painfully slow, and the treaty had to be ratified by a specified date. Napoleon, who was thought by some to have already repented this transaction, could not have been expected to tolerate any departure from its terms. Recognizing that this was no time for constitutional purism, the president yielded to his friends, while strict constructionist arguments were taken up ineffectually by the New England Federalists. Nearly everybody else enthusiastically approved of the acquisition.
In May 1801 the Pasha of the piratical state of Tripoli, dissatisfied with his tribute, declared war on the United States. Jefferson ordered a naval squadron to the Mediterranean Sea to blockade Tripoli. The bizarre conflict that ensued served as a training school for the American Navy, and the relatively favorable treaty of 1805 justified Jefferson’s resort to force.
President: Second Term
On both the domestic and foreign fronts Jefferson encountered greater difficulties in his second term than in his first. But he was relatively successful at home during most of it. Factionalism increased among Republicans. But the revolt of John Randolph, an uncompromising strict constructionist and formerly the Republican leader in the House of Representatives, was contained. Until the last session of Congress in his presidency, Jefferson maintained his influence over that body and his undisputed leadership of his party.
The Burr Conspiracy
Meanwhile, the conspiracy of former Vice President Aaron Burr was foiled. It is still uncertain whether that adventurer proposed to separate the western states from the Union or to invade Mexico, but his expedition down the Mississippi River was unquestionably a threat to national unity and domestic security. Heeding the warning of Gen. James Wilkinson, the governor of the Louisiana Territory, Jefferson took steps in the fall of 1806 that led to the seizure of most of Burr’s boats on the Ohio River and his later apprehension on the Mississippi. Burr’s trial for treason and afterward for a misdemeanor, in the federal circuit court presided over by John Marshall, became a fiasco when Marshall’s rulings made conviction impossible. Jefferson erred gravely in saying in advance that Burr’s guilt was beyond dispute, but his conduct in connection with the trial did not support the charge of persecution made by Burr’s lawyers and the Federalists. Jefferson was more justly criticized for his support of Wilkinson, to whom he was grateful for the exposure of the conspiracy, but whose actions against alleged supporters of Burr in New Orleans was high-handed.
Jefferson’s persistent efforts to acquire West Florida, which he continued to claim as part of the Louisiana Purchase, may be regarded as an exercise in futility. But he was properly concerned to round out the territory of the United States, and he contributed significantly to its exploration. In his first term he projected the expedition to the Pacific that was concluded by Lewis and Clark during his second term. Other expeditions that he sent out failed or had slight geographical and scientific significance, but his title as the chief presidential patron of exploration remains unchallenged.
Death
Jefferson died on July 4th 1826, hours before his friend, John Adams, on the 50th anniversary of The Declaration of Independence.