these warring factions, trying to offend neither Duane nor John Randolph, nor even Burr, while he still drew the mass of moderate Federalists to sympathize in his views.
Thus the new Presidential term began, bringing with it little sign of change. The old arrangements were continued, with but one exception. Madison, Gallatin, Robert Smith, and Dearborn remained in the Cabinet; but Attorney-General Lincoln resigned, and Robert Smith asked to be transferred from the Navy Department to the Attorney-General's office.  After some hesitation Jefferson yielded to Smith's request and consented to the transfer. As Smith's successor in the Navy Department Jefferson selected Jacob Crowninshield, a member of Congress from Massachusetts, who was then at Washington. Crowninshield, in consequence of his wife's objection to leaving her family, declined the offer, Jan. 29, 1805,  but the President nevertheless sent the nomination to the Senate, March 2, 1805, together with that of Robert Smith," now Secretary of the Navy to be Attorney-General of the United States." The same day the Senate confirmed both appointments, and the commissions were regularly issued, March 3, Robert Smith apparently ceasing thenceforward to possess any legal authority over the Navy Department.
Nevertheless Crowninshield persisted in declining
- Jefferson to Robert Smith, Jan. 3, 1805; Jefferson MSS.
- Crowninshield to Jefferson, Jan. 29, 1805; Jefferson MSS. State Department Archives.