ad "hinted that, if England should make us a voluntary offer
of Canada, expressly for that purpose, it might have a good effect."
_Works of Franklin_ (Sparks), Vol. 9, pp. 253-256. But his letter to
Jay simply urged the latter's coming to Paris at once. _Works of
Franklin_ (Bigelow), Vol. 8, p. 48. Also, _Works of Franklin_
(Sparks), Vol. 9, p. 254.]
Jay's brief tenure of the chief-justiceship of the United States
Supreme Court gave little opportunity to test his real ability as a
jurist. The views expressed by him pending the adoption and
ratification of the Federal Constitution characterised his judicial
interpretation of that instrument, and he lived long enough to see his
doctrine well established that "government proceeds directly from the
people, and is ordained and established in the name of the people."
His distinguishing trait as chief justice was the capacity to
confront, wisely and successfully, the difficulties of any situation
by his own unaided powers of mind, but it is doubtful if the Court,
under his continued domination, would have acquired the strength and
public confidence given it by John Marshall. Jay believed that "under
a system so defective it would not obtain the energy, weight, and
dignity essential to its affording due support to the general
government." This was one reason for his declining to return to the
office after he ceased to be governor; he felt his inability to
accomplish what the Court must establish, if the United States
continued to grow into a world power. Under these circumstances, it
was well, perhaps, that he gave place to John Marshall, who made it a
great, supporting pillar, strong enough to resist state supremacy on
the one side, and a disregard of the rights of States on the other;
but Jay did more than enough to confirm the wisdom of Washington, who
declared that in making the appointment he exercised his "best
judgment."
CHAPTER XI
SPOILS AND BROILS OF VICTORY
1801-1803
John Jay, tired of public life, now sought his Westchester farm to
enjoy the rest of an honourable retirement, leaving the race for
governor in April, 1801, to Stephen Van Rensselaer. On the other hand,
George Clinton, accepting the Republican nomination, got onto his
gouty legs and made the greatest run of his life.[119] Outside of New
England, Federalism had become old-fashioned in a year. Following
Jefferson's sweeping social success, men abandoned knee breeches and
became democrat
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