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Advances in Intelligent Systems and Computing 1241

Pierpaolo Vittorini ·
Tania Di Mascio · Laura Tarantino ·
Marco Temperini · Rosella Gennari ·
Fernando De la Prieta Editors

Methodologies and
Intelligent Systems
for Technology
Enhanced Learning,
10th International
Conference
Advances in Intelligent Systems and Computing

Volume 1241

Series Editor
Janusz Kacprzyk, Systems Research Institute, Polish Academy of Sciences,
Warsaw, Poland

Advisory Editors
Nikhil R. Pal, Indian Statistical Institute, Kolkata, India
Rafael Bello Perez, Faculty of Mathematics, Physics and Computing,
Universidad Central de Las Villas, Santa Clara, Cuba
Emilio S. Corchado, University of Salamanca, Salamanca, Spain
Hani Hagras, School of Computer Science and Electronic Engineering,
University of Essex, Colchester, UK
László T. Kóczy, Department of Automation, Széchenyi István University,
Gyor, Hungary
Vladik Kreinovich, Department of Computer Science, University of Texas
at El Paso, El Paso, TX, USA
Chin-Teng Lin, Department of Electrical Engineering, National Chiao
Tung University, Hsinchu, Taiwan
Jie Lu, Faculty of Engineering and Information Technology,
University of Technology Sydney, Sydney, NSW, Australia
Patricia Melin, Graduate Program of Computer Science, Tijuana Institute
of Technology, Tijuana, Mexico
Nadia Nedjah, Department of Electronics Engineering, University of Rio de Janeiro,
Rio de Janeiro, Brazil
Ngoc Thanh Nguyen , Faculty of Computer Science and Management,
Wrocław University of Technology, Wrocław, Poland
Jun Wang, Department of Mechanical and Automation Engineering,
The Chinese University of Hong Kong, Shatin, Hong Kong
The series “Advances in Intelligent Systems and Computing” contains publications
on theory, applications, and design methods of Intelligent Systems and Intelligent
Computing. Virtually all disciplines such as engineering, natural sciences, computer
and information science, ICT, economics, business, e-commerce, environment,
healthcare, life science are covered. The list of topics spans all the areas of modern
intelligent systems and computing such as: computational intelligence, soft comput-
ing including neural networks, fuzzy systems, evolutionary computing and the fusion
of these paradigms, social intelligence, ambient intelligence, computational neuro-
science, artificial life, virtual worlds and society, cognitive science and systems,
Perception and Vision, DNA and immune based systems, self-organizing and
adaptive systems, e-Learning and teaching, human-centered and human-centric
computing, recommender systems, intelligent control, robotics and mechatronics
including human-machine teaming, knowledge-based paradigms, learning para-
digms, machine ethics, intelligent data analysis, knowledge management, intelligent
agents, intelligent decision making and support, intelligent network security, trust
management, interactive entertainment, Web intelligence and multimedia.
The publications within “Advances in Intelligent Systems and Computing” are
primarily proceedings of important conferences, symposia and congresses. They
cover significant recent developments in the field, both of a foundational and
applicable character. An important characteristic feature of the series is the short
publication time and world-wide distribution. This permits a rapid and broad
dissemination of research results.
** Indexing: The books of this series are submitted to ISI Proceedings,
EI-Compendex, DBLP, SCOPUS, Google Scholar and Springerlink **

More information about this series at http://www.springer.com/series/11156


Pierpaolo Vittorini Tania Di Mascio
• •

Laura Tarantino Marco Temperini


• •

Rosella Gennari Fernando De la Prieta


Editors

Methodologies
and Intelligent Systems
for Technology Enhanced
Learning, 10th International
Conference

123
Editors
Pierpaolo Vittorini Tania Di Mascio
Department of Life, Health Department of Information Engineering,
and Environmental Sciences Computer Science and Mathematics
University of L’Aquila University of L’Aquila
L’Aquila, Italy L’Aquila, Italy

Laura Tarantino Marco Temperini


Department of Information Engineering, Department of Computer, Control,
Computer Science and Mathematics and Management Engineering
University of L’Aquila Sapienza University of Rome
L’Aquila, Italy Rome, Italy

Rosella Gennari Fernando De la Prieta


Computer Science Faculty Department of Computer Science
Free University of Bozen-Bolzano and Automation Control
Bolzano, Italy University of Salamanca
Salamanca, Spain

ISSN 2194-5357 ISSN 2194-5365 (electronic)


Advances in Intelligent Systems and Computing
ISBN 978-3-030-52537-8 ISBN 978-3-030-52538-5 (eBook)
https://doi.org/10.1007/978-3-030-52538-5
© The Editor(s) (if applicable) and The Author(s), under exclusive license
to Springer Nature Switzerland AG 2020
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether
the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of
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The use of general descriptive names, registered names, trademarks, service marks, etc. in this
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the relevant protective laws and regulations and therefore free for general use.
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Preface

Education is the cornerstone of any society, and it serves as one of the foundations
for many of its social values and characteristics. Different methodologies and
intelligent technologies are employed for creating technology-enhanced learning
(TEL) solutions. TEL solutions are innovative when they are rooted in artificial
intelligence, deployed as stand-alone solutions or interconnected to others. They
target not only cognitive processes but also motivational, personality, or emotional
factors. In particular, recommendation mechanisms enable us tailoring learning to
different contexts and people, e.g. by considering their individual traits. The use of
learning analytics also helps us augment learning opportunities for learners and
educators alike, e.g. learning analytics support self-regulated learning or adaptation
of the learning material. Besides technologies, methods help create novel TEL
opportunities. Methods come from different fields, such as education, psychology,
or medicine, and from diverse communities, such as Makers Communities and
Design Communities. Methods and technologies are also used to investigate and
enhance learning for “fragile users”, such as children, elderly people, or people with
special needs.
Both the 10th edition of this conference and its related workshops (i.e. IEETeL,
Nursing, SPeL, TEL4FC) contribute to novel research in TEL and expand the
topics of the previous editions. The mis4TEL 2020 papers discuss how diverse
methods or technologies are employed to create novel approaches to TEL, valuable
TEL experiences, or innovative TEL solutions, taking a critical stance and pro-
moting innovation.
This volume presents all papers that were accepted for the main track of
mis4TEL 2020, while the workshop papers are published in a different volume. All
underwent a peer review selection: each paper was assessed by three different
reviewers, from an international panel composed of about 40 members of 14
countries. The programme of mis4TEL 2020 counts 26 contributions from diverse
countries. The quality of submissions was on average good, with an acceptance rate
of approximately 70%.

v
vi Preface

We thank the sponsor, the Armundia Group (https://www.armundia.com/), the


support from national associations (AEPIA, APPIA, CINI, and EurAI), the mem-
bers of the Local Organisation Team, and the Program Committee Members for
their hard work, which was essential for the success of MIS4TEL’20.

Pierpaolo Vittorini
Tania Di Mascio
Laura Tarantino
Marco Temperini
Rosella Gennari
Fernando De la Prieta
Organisation of MIS4TEL 2020

http://www.mis4tel-conference.net/

General Co-chairs
Pierpaolo Vittorini University of L’Aquila, L’Aquila, Italy
Tania Di Mascio University of L’Aquila, L’Aquila, Italy

Technical Program Co-chairs


Laura Tarantino University of L’Aquila, L’Aquila, Italy
Marco Temperini Sapienza University, Rome, Italy

Paper Co-chairs
Rosella Gennari Free University of Bozen-Bolzano, Italy
Ricardo Azambuja Silveira Universidade Federal de Santa Catarina, Brazil
Elvira Popescu University of Craiova, România

Proceedings Co-chairs
Fernando De la Prieta University of Salamanca, Spain
Ana Belén Gil University of Salamanca, Spain

Publicity Chairs
Alessandra Melonio Free University of Bozen-Bolzano, Italy
Demetrio Arturo Ovalle National University of Colombia, Colombia
Carranza
Nestor Dario Duque Mendes National University of Colombia, Colombia

vii
viii Organisation of MIS4TEL 2020

Workshop Chair
Zuzana Kubincova Comenius University in Bratislava, Slovakia

Program Committee
Ana Almeida ISEP-IPP, Portugal
Juan M. Alberola Universitat Politècnica de València, Spain
Ricardo Azambuja Silveira Universidade Federal de Santa Catarina, Brazil
Davide Carneiro Polytechnic of Porto, Portugal
Maiga Chang Athabasca University, Canada
Vincenza Cofini University of L’Aquila, Italy
Giovanni De Gasperis University of L’Aquila, Italy
Fernando De La Prieta University of Salamanca, Spain
Tania Di Mascio University of L’Aquila, Italy
Dalila Duraes University of Madrid, Spain
Ana Faria ISEP, Portugal
Florentino Fdez-Riverola University of Vigo, Spain
Margarida Figueiredo University of Évora, Portugal
Rosella Gennari Free University of Bozen-Bolzano, Italy
Ana Belén Gil González University of Salamanca, Italy
Jorge Gomez-Sanz Universidad Complutense de Madrid, Spain
Sérgio Gonçalves University of Minho, Portugal
Vicente Julian Universitat Politècnica de València, Spain
Zuzana Kubincová Comenius University in Bratislava, Slovakia
Luigi Laura International Telematic University Uninettuno,
Italy
Matteo Lombardi Griffith University, Australia
Constantino Martins Polytechnic of Porto, Portugal
Anna Mavroudi Norwegian University of Science
and Technology, Norwegian
Alessandra Melonio Free University of Bozen-Bolzano, Italy
Juan-José Mena-Marcos University of Salamanca, Spain
Marcelo Milrad Linnaeus University, Sweden
Besim Mustafa Edge Hill University, UK
Kyparissia Papanikolaou School of Pedagogical and Technological
Education, Greece
Carlos Pereira ISEC, Portugal
Gerlane R. F. Perrier Universidade Federal Rural de Pernambuco,
Brazil
Elvira Popescu University of Craiova, Romania
Kasper Rodil Aalborg University, Denmark
Sara Rodríguez University of Salamanca, Spain
Juan M. Santos University of Vigo, Spain
Organisation of MIS4TEL 2020 ix

Olga Santos aDeNu Research Group, (UNED), Spain


Antonio J. Sierra University of Seville, Spain
Martin Stabauer Johannes Kepler University Linz, Austria
Andrea Sterbini University of Rome, La Sapienza, Italy
Laura Tarantino University of L’Aquila, Italy
Marco Temperini University of Rome, La Sapienza, Italy
Sonia Verdugo-Castro University of Salamanca, Spain
Henrique Vicente University of Évora, Portugal
Pierpaolo Vittorini University of L’Aquila, Italy

Local Organising Committee


Pierpaolo Vittorini University of L’Aquila, L’Aquila, Italy
Tania Di Mascio University of L’Aquila, L’Aquila, Italy
Giovanni De Gasperis University of L’Aquila, L’Aquila, Italy
Federica Caruso University of L’Aquila, L’Aquila, Italy
Alessandra Galassi University of L’Aquila, L’Aquila, Italy

Organising Committee
Juan M. Corchado Rodríguez University of Salamanca, Spain, and AIR
Institute, Spain
Fernando De la Prieta University of Salamanca, Spain
Sara Rodríguez González University of Salamanca, Spain
Javier Prieto Tejedor University of Salamanca, Spain and AIR
Institute, Spain
Pablo Chamoso Santos University of Salamanca, Spain
Belén Pérez Lancho University of Salamanca, Spain
Ana Belén Gil González University of Salamanca, Spain
Ana De Luis Reboredo University of Salamanca, Spain
Angélica González Arrieta University of Salamanca, Spain
Emilio S. Corchado University of Salamanca, Spain
Rodríguez
Angel Luis Sánchez Lázaro University of Salamanca, Spain
Alfonso González Briones University Complutense of Madrid, Spain
Yeray Mezquita Martín University of Salamanca, Spain
Enrique Goyenechea University of Salamanca, Spain, and AIR
Institute, Spain
Javier J. Martín Limorti University of Salamanca, Spain
Alberto Rivas Camacho University of Salamanca, Spain
Ines Sitton Candanedo University of Salamanca, Spain
Elena Hernández Nieves University of Salamanca, Spain
Beatriz Bellido University of Salamanca, Spain
María Alonso University of Salamanca, Spain
x Organisation of MIS4TEL 2020

Diego Valdeolmillos AIR Institute, Spain


Roberto Casado Vara University of Salamanca, Spain
Sergio Marquez University of Salamanca, Spain
Jorge Herrera University of Salamanca, Spain
Marta Plaza Hernández University of Salamanca, Spain
Guillermo Hernández AIR Institute, Spain
González
Luis Carlos Martínez University of Salamanca, Spain, and AIR
de Iturrate Institute, Spain
Ricardo S. Alonso Rincón University of Salamanca, Spain
Javier Parra University of Salamanca, Spain
Niloufar Shoeibi University of Salamanca, Spain
Zakieh Alizadeh-Sani University of Salamanca, Spain
Contents

Effects of Time in Virtual Reality Learning Environments Linked


with Materials Science and Engineering . . . . . . . . . . . . . . . . . . . . . . . . . 1
J. Extremera, D. Vergara, M. P. Rubio, L. P. Dávila, and F. De la Prieta
HEMOT®, Helmet for EMOTions: A Web Application
for Children on Earthquake-Related Emotional Prevention . . . . . . . . . . 10
Giada Vicentini, Margherita Brondino, Roberto Burro,
and Daniela Raccanello
Social Video Learning – Creation of a Reflection-Based Course
Design in Teacher Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Eric Tarantini
Engaging Pre-teens in Ideating and Programming Smart Objects
Through Play . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Rosella Gennari, Maristella Matera, Alessandra Melonio, Mehdi Rizvi,
and Eftychia Roumelioti
Advanced Placement Physics Exam Performance of High School
Graduates in Mexico with the Aid of Online Assignments Designed
in Open-EdX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Ernesto M. Hernández, Rubén D. Santiago, José A. Otero,
and Ma. de Lourdes Quezada-Batalla
Hand Robotics Rehabilitation in Patients with Multiple Sclerosis:
A Pilot Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Marco Tramontano, Laura Casagrande Conti, Niccolò Marziali,
Giorgia Agostini, Sara De Angelis, Giovanni Galeoto,
and Maria Grazia Grasso

xi
xii Contents

When Something Useful Is Also Enjoyable: An Empirical


Study on the Intention to Use Web-Based Simulations
in Higher Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Leonardo Caporarello, Federica Cirulli, Federico Magni,
and Beatrice Manzoni
TEL Adoption in the Riconnessioni Project . . . . . . . . . . . . . . . . . . . . . . 68
Marcello Enea Newman
Cognitive Complexity Analysis of Learning-Related Texts:
A Case Study on School Textbooks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Syaamantak Das, Shyamal Kumar Das Mandal, and Anupam Basu
Lessons Clustering Using Topics Inferred by Unsupervised
Modeling from Textbooks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Matías Altamirano, Abelino Jiménez, and Roberto Araya
Automatic Content Analysis of Computer-Supported
Collaborative Inquiry-Based Learning Using Deep Networks
and Attention Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Pablo Uribe, Abelino Jiménez, Roberto Araya, Joni Lämsä,
Raija Hämäläinen, and Jouni Viiri
The Impact of Personality, Attitude and Visual Decision-Making
Dashboard Tools on the Learning Engagement
of Economist Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Liana Stanca, Cristina Felea, Romeo Stanca, and Mirela Pintea
HRS-EDU: Architecture to Control Social Robots
in Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
John Páez, Enríque González, and Maria Impedovo
Authoring Interactive Videos for e-Learning: The ELEVATE
Tool Suite . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Daniele Dellagiacoma, Paolo Busetta, Artem Gabbasov, Anna Perini,
and Angelo Susi
Early Detection of Gender Differences in Reading and Writing
from a Smartphone-Based Performance Support System
for Teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Roberto Araya
An Assessment of Students’ Satisfaction
in Higher Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Margarida Figueiredo, Ana Fernandes, Jorge Ribeiro, José Neves,
Almeida Dias, and Henrique Vicente
Methodological Guidelines to Build Collaborative Serious Games
Based on Intelligent Agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
Oscar M. Salazar, Santiago Álvarez, and Demetrio A. Ovalle
Contents xiii

An Augmented Reality-Based mLearning Approach


to Enhance Learning and Teaching: A Case of Study
in Guadalajara . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Janet Pigueiras, Angel Ruiz-Zafra, and Rocio Maciel
Supporting the Construction of Learning Paths
in a Competency-Based Informatics Curriculum . . . . . . . . . . . . . . . . . . 185
Luca Forlizzi, Giovanna Melideo, and Cintia Scafa Urbaez Vilchez
Personalized Recommender System Using Learners’ Metacognitive
Reading Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Lydia Odilinye and Fred Popowich
Technology-Enhanced Learning (TEL) in Anaesthesia:
Ultrasound Simulation Training for Innovative
Locoregional Anaesthesia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Vincenza Cofini, Pierpaolo Vittorini, Emiliano Petrucci,
Stefano di Carlo, Pierfrancesco Fusco, Franco Marinangeli,
and Stefano Necozione
Profiles in Brain Type in Programming Performance
for Non-vocational Courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Ugo Solitro, Margherita Brondino, Roberto Bonafini,
and Margherita Pasini
Towards a Gamified Musical Skill Learning Model (MuS-LM):
Structural Aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Tania Di Mascio, Laura Tarantino, and Federica Caruso
Philosophical Approaches to Smart Education and Smart Cities . . . . . . 239
Javier Teira-Lafuente, Ana B. Gil-González, and Ana de Luis Reboredo
Experiences in a Differential Equations Massive Course . . . . . . . . . . . . 249
Rubén Dario Santiago Acosta, María de Lourdes Quezada Batalla,
and Ernesto Manuel Hernández Cooper
A Protocol for Simulated Experimentation of Automated
Grading Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
Andrea Sterbini, Marco Temperini, and Pierpaolo Vittorini

Author Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271


Effects of Time in Virtual Reality Learning
Environments Linked with Materials Science
and Engineering

J. Extremera1 , D. Vergara2(&) , M. P. Rubio1 , L. P. Dávila3 ,


and F. De la Prieta1
1
University of Salamanca, Salamanca, Spain
{jamil.extremera,mprc,fer}@usal.es
2
Catholic University of Ávila, Ávila, Spain
diego.vergara@ucavila.es
3
University of California at Merced, Merced, CA, USA
ldavila@ucmerced.edu

Abstract. The increasing presence of virtual reality learning environments


(VRLEs) in university classrooms makes it necessary to study what factors
influence the effectiveness of this type of teaching tool. In particular, when
planning to use a VRLE in class to support the classes, a careful design of the
application to achieve a high level of efficiency at the formative level must be
carried out. This article discusses key aspects that need to be taken into account
during the design of a VRLE that have been determined to be increasingly
important for students to achieve a higher level of meaningful learning (and,
thanks to it, the knowledge acquired through the use of the VRLE will last in their
memory for a longer time) and also feel a greater motivation to use it to: (i) adapt
both the level of interactivity as well as the way the VRLE conducts the student
through the virtual experiment; and (ii) maintain a look and a handling mode of the
VRLE similar to other virtual environments that exist at the present time (e.g.
video games). The study carried out and described in this article highlights the
effectiveness of using in certain cases a step-by-step guidance protocol to improve
long-term learning of concepts under study. In addition, the importance of using
modern development tools to achieve a high level of motivation among students is
emphasized.

Keywords: Virtual reality learning environments  Materials science and


engineering  Meaningful learning

1 Introduction

The exponential improvement experienced by computer processors in the 21st century


is easily observable in all areas of life, having been accompanied by the continuous
evolution of all types of hardware (such as memory units, sensors or display devices, to
name a few examples). Furthermore, this technological evolution has been followed by
the development of many research works that have resulted in new realities hardly
imaginable by the general public a few decades ago, such as multi-agent systems [1–3],

© The Editor(s) (if applicable) and The Author(s), under exclusive license
to Springer Nature Switzerland AG 2020
P. Vittorini et al. (Eds.): MIS4TEL 2020, AISC 1241, pp. 1–9, 2020.
https://doi.org/10.1007/978-3-030-52538-5_1
2 J. Extremera et al.

multi-core processing [4] or advanced image processing [5]. In this context, virtual
reality has also experienced a great development and expansion in a multitude of fields,
including university education through virtual reality learning environments (VRLEs),
which are being used in a large number of disciplines. In the particular case of materials
science and engineering (MSE), VRLEs that can be found are focused on helping
students to learn about the realization of different tests of materials such as: tensile
[6, 7], compression [8], impact [9, 10], hardness [9, 10], and non-destructive [11, 12].
The advantages of using VRLEs to support MSE teaching have been reported in
different studies [6, 13, 14], including those describing that: (i) the problem of class-
room congestion during training classes is minimized; (ii) experiments whose conduct
in a real laboratory would be impossible due to their high price or hazard can be
simulated; (iii) detailed visualization of the elements involved in experiments that are
often difficult or impossible to see in a real laboratory can be discerned in a VRLE; and
(iv) encouragement of students to learn the study subject is a key benefit.
The design of a VRLE plays a decisive role in the effectiveness that it will have by
improving the teaching-learning process for which it will be used [15–17]. Vergara
et al. [15] reported that there is a direct relationship between the design of a virtual
teaching tool and the motivation that it generates on the user to continue using it. An
important parameter for measuring the effectiveness of a VRLE is the level of mean-
ingful learning that students achieve through its use. Meaningful learning is a concept
that refers to the idea that an acquired knowledge is fully understood by an individual,
who can connect it with another knowledge previously acquired. The authors of this
article have found that not all VRLEs, despite being attractive and motivating, achieve
the same degree of meaningful learning. Thus, this article compares different VRLEs
designs applied to MSE to elucidate which parameters should be considered to achieve
a high level of meaningful learning, being remarkable the use of a guidance protocol to
help students to conduct the virtual experiments. The results and conclusions obtained
in this study can be taken into account in the creation of VRLEs dedicated to the
teaching of various university courses in the sciences and engineering fields.

2 Design Considerations of VRLEs


2.1 Design of Guidance Protocol
The process of creating VRLEs has been described in previous work [18] and consists
of the following steps: (i) determine the level of realism necessary to achieve the
objectives of the VRLE; (ii) establish the level of interactivity; (iii) choose the software
and hardware that best suits the development and use needs of the VRLE; (iv) develop
the VRLE, which in turn consists of 3D modeling and interactivity programming; and
(v) test the application with a pilot group of users and apply the feedback obtained to
modify the VRLE.
However, the authors have found that the process described above does not ensure
in all cases that students reach an adequate level of meaningful learning. To solve this
problem, the authors propose to apply a step-by-step guidance protocol on those VRLE
Effects of Time in Virtual Reality Learning Environments 3

that seeks to train students in conducting experiments in real laboratories. This step-by-
step protocol occurs as VRLEs:
• Offer a sufficient level of interactivity to carry out the virtual experiment in a
motivating and effective way at the formative level. This means that a very low
level of interactivity does not allow the user to interact with the VRLE enough to
retain knowledge or keep him motivated. On the other hand, a too high level of
interactivity can result in the user losing the thread of the experiment, negatively
impacting on motivation.
• Direct the user what is the next action that shall be taken, as well as provide
information about how to do it.
• Prevent the user from taking unnecessary actions to perform the experiment or
actions that may ruin it.
The use of a step-by-step guidance protocol like the one described above allows
students to focus on understanding each stage of the experiment without having to
invest a large amount of time in learning how to use the VRLE [19]. Figure 1 shows
the process of creating a VRLE when a step-by-step guidance protocol is incorporated.
In this process (Fig. 1) it can be observed that the level of interactivity that the authors
suggest to use depends on the objective of the VRLE, that is: (i) when the objective of
the VRLE is to help to understand a theoretical concept, the level of interactivity should
be within a range from a step-by-step guidance system (therefore, restricted interac-
tivity) to an open world (plenty of freedom of action); or (ii) when the VRLE is used to
teach a laboratory experiment, a step-by-step guidance system should be implemented.

Fig. 1. VRLE creation process considering the implementation of a step-by-step guidance.


4 J. Extremera et al.

2.2 Obsolescence Effects on Students’ Motivation


As noted above, the fourth stage of the process of creating a VRLE consists of two
different activities [16, 20]: 3D modeling and interactivity programming. The 3D mod-
eling gathers the activities related to the conceptualization and creation of the 3D ele-
ments that form the virtual environment, i.e.: laboratory, instruments, machines, lighting,
etc. The virtual environment will then be visualized by the user, either on a computer
monitor, on a head-mounted display (HMD) or another type of system as cave automatic
virtual environment (CAVE) [21, 22]. There are different programs to carry out the
modeling tasks, highlighting among them 3DS Max, Maya, Blender or Cinema 4D. On
the other hand, the programming of interactivity consists in providing the 3D environ-
ment with the possibility to be manipulated by users, so they can interact with it: grabbing
objects, using machines, moving around the scene, etc. This activity is carried out by
using specific programs known as game engines, which are tools that were originally
developed to program video games. Different game engines can be used to program the
interactivity of a VRLE, such as Unreal Engine 4, Unity or CryEngine. Note that this type
of VRLE do not incorporate a machine back-end to follow the user activity.
Over the last few years, the authors have developed different VRLEs applied to the
MSE using different technologies [6, 8, 11, 15, 23–26]. Figure 2a shows the VRLEs
created approximately 6 years ago, using development tools of that time. These
applications are currently perceived by students as less motivating as they offer an
“outdated” look: unrealistic materials and lighting, interactivity restricted to keyboard
and mouse, or impossibility to easily adapt the applications to immersive virtual reality.
On the other hand, Fig. 2b shows newly created VRLEs using current development
tools. The new VRLEs (Fig. 2b) offer an aspect and interactivity in line with the
possibilities offered by modern virtual reality technology: realistic-looking environ-
ments, lighting based on physical equations, different possibilities of interaction or the
possibility of easily adapting applications to be used with immersive virtual reality,
among others.

Fig. 2. Virtual reality learning environments: (a) created 6 years ago with former development
tools and others (b) created recently with current development tools.
Effects of Time in Virtual Reality Learning Environments 5

3 Meaningful Learning Analysis

During the conduct of an experiment in a real MSE laboratory, it is common that a


single equipment is being utilized by a large group of students. It is expected that this
circumstance will negatively affect the teaching-learning process of the experiment [8],
and for this reason, the use of a VRLE is preferred. Consequently, the authors used
VRLEs as shown in Fig. 2a, but found that one year after using them, there was a large
number of students who did not remember how to perform the experiments that they
simulated with VRLEs. Thus, the analysis of the data obtained in this study is intended
to elucidate the main factors that explain this fact.

3.1 Methodology
This study was carried out at the Catholic University of Ávila (Spain), during the
courses between 2015 and 2020, participating every year approximately 20 MSE
students of the degree in mechanical engineering. The methodology used is summa-
rized in the following steps:
• The instructor teaches the theory about the operation of the simulated machine in
the VRLE to perform the virtual experiment.
• The use of a VRLE in the classroom should be under the supervision of the teacher.
Also, students can continue using the VRLE without restrictions out of school
hours.
• Resolution of exercises in groups of 2–3 students, either in VRLE itself or on paper.
• One year after the previous three steps have been completed, students answer to
technical questionnaires to assess the level of knowledge retained.
During the years 2015 to 2018, VRLEs designed without a step-by-step guidance
protocol were evaluated; these VRLEs were used a year earlier (i.e. these VRLEs were
used in class between 2014 and 2017). Moreover, in 2019 and 2020 VRLEs designed
according to Fig. 1 (including a step-by-step guidance protocol) were evaluated and
developed with current development tools (Fig. 2b); those latter VRLEs were used
subsequently in 2018 and 2019.

3.2 Results
As described above, students were surveyed one year after using VRLEs to assess the
degree of knowledge they still retained. Figure 3 shows the data obtained from the
surveys filled out by the 120 students who participated in the study (approximately 20
students per course). The resulting bar graph (Fig. 3) shows the average of the ques-
tionnaire questions answered correctly each course (accuracy rate), indicating the level
of knowledge that students remember about the MSE content they learned a year earlier
with the help of VRLEs. Furthermore, Fig. 3 shows that, between 2015 and 2018, were
evaluated VRLEs designed without a step-by-step guidance protocol (i.e. developed
several years ago) while in 2019 and 2020 were evaluated VRLEs designed according
to the scheme of Fig. 1 (i.e. developed more recently, which include a step-by-step
guidance protocol).
6 J. Extremera et al.

Fig. 3. Accuracy rate of questionnaires answered by students who used the VRLEs a year earlier
as a support to learn fundamental concepts in MSE.

4 Discussion

The continuous evolution of information and communications technology (ICT) brings


with it an accelerated virtual reality technology improving. This rapid evolution implies
that VRLEs, although at the time of their creation are well-valued by students after a
few years are perceived as obsolete and less motivating. The experience of the authors
indicates that students welcome updates such as those described in this article, which
indicates that regular updates of VRLEs using modern development tools favors that
these teaching applications can maintain motivation among students (thus achieving
that VRLEs do not lose their effectiveness at the formative level over time). However,
as discussed below, periodic updates to VRLEs do not ensure by themselves alone a
significant improvement in meaningful learning.
It is impossible to achieve that a group of students remember 100% of the content
learned a year ago. As noted in Fig. 3, the percentage of knowledge retained varies
little from course to course between 2015 and 2018. However, in 2019 and 2020 the
success rate increased by approximately 30% compared to the period 2015–2018.
Considering that the contents taught in the MSE subject and questionnaires used to
evaluate the retained knowledge were almost identical every year, this improvement in
the level of retained knowledge (30% higher than previous years) can be due to two
factors: the use of updated development tools or the implementation of a step-by-step
guidance protocol. The technical improvement of VRLEs when they are updated helps
students to be motivated to use them and focus on the concepts being taught, which
favors some improvement of meaningful learning.
Effects of Time in Virtual Reality Learning Environments 7

However, based on the experience of the authors and previous studies [6, 8, 11, 12,
15, 27, 28], students’ motivation to use this type of teaching resources is usually high.
Consequently, updating VRLEs with current development tools cannot be the only
factor that explains the increase of 30% in the number of questions correctly answered
in the surveys of 2019 and 2020. In fact, in the authors’ opinion, the key factor that
explains the improvement in meaningful learning lies in the implementation of the step-
by-step guidance protocol (Fig. 1). This is in line with previous studies [29] in which
the effectiveness of step-by-step guidance protocols has been tested in teaching tools
based on the audio-visual use of e-books for MSE teaching.
Nevertheless, further research works should be conducted to measure the level of
influence on the meaningful learning of both factors considered in the present paper:
the use of recent development tools and the implementation of a guidance protocol. In
particular, new studies could be based on fixing one of the factors and varying the other
one, considering the same questionnaires described in the present paper to assess the
level of meaningful learning. These future research works should: (i) evaluate both a
group of VRLEs with guidance and another similar group of VRLEs without guidance
protocol–both groups of VRLEs should be developed with the same development
tools–; and (ii) compare the evaluation of a group of VRLEs developed with modern
tools and another similar group of VRLEs developed with older tools–both groups of
VRLE should lack a guidance protocol–.

5 Conclusions

The design of a VRLE is directly related to its effectiveness as an educational tool.


Periodic updates of a VRLE by using current development tools lead to a modern
aspect of this type of application, that helps maintain the motivation of students to use
it. Besides, updating a step-by-step protocol in those VRLEs dedicated to simulate
laboratory experiments allows students to achieve a higher level of meaningful
learning, thereby retaining the acquired knowledge for a longer time.

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HEMOT®, Helmet for EMOTions:
A Web Application for Children
on Earthquake-Related Emotional Prevention

Giada Vicentini(&) , Margherita Brondino , Roberto Burro ,


and Daniela Raccanello

Department of Human Sciences, University of Verona, 37129 Verona, Italy


{giada.vicentini,margherita.brondino,roberto.burro,
daniela.raccanello}@univr.it

Abstract. The integration between technological devices and educational pro-


grams can improve students’ learning experience. This is also true when referring
to psychological interventions with children to foster emotional competence in
relation to disasters. Therefore, within an interdisciplinary project (PrEmT project,
Emotional Prevention and Earthquakes in primary school, in Italian Prevenzione
Emotiva e Terremoti nella scuola primaria) we developed the web application
HEMOT® (Helmet for EMOTions). HEMOT® includes ten levels aimed at
promoting knowledge about earthquakes, safety behaviors, emotions, and emo-
tion regulation strategies. We involved 67 second and fourth-graders in a ten-unit
training: During each unit they used a level of the web application and participated
to traditional activities. The aim of this study was to explore individual differences
in perceived usability and performance using HEMOT®, running Latent Class
Growth Analyses. We found two different latent groupings for both usability and
performance. However, most of the children gradually perceived a decreasing
difficulty using HEMOT® and obtained a good performance across the levels. To
sum up, this study described two relevant aspects of a web application developed
ad hoc to promote earthquake-related emotional prevention with children. On the
whole, HEMOT® respects accessibility and usability criteria and its contents are
not too demanding for children: It could be considered a useful and fun method to
promote earthquake-related emotional prevention.

Keywords: Web application  Emotion knowledge  Emotion regulation


strategies  Emotional prevention  Earthquakes

1 Introduction

Every aspect of human life, including education, has been affected by technological
change. Within educational environments, the Information and Communication Tech-
nologies (ICT) have an increasingly relevant role, in light of their documented effec-
tiveness for learning achievement [15]. The technology-enhanced learning
(TEL) systems represent a challenge for students and teachers: To improve students’
learning experience and achievement, ICT must be integrated with educational strategies
[3, 17]. Using mobile devices to promote formal and informal learning is more effective

© The Editor(s) (if applicable) and The Author(s), under exclusive license
to Springer Nature Switzerland AG 2020
P. Vittorini et al. (Eds.): MIS4TEL 2020, AISC 1241, pp. 10–19, 2020.
https://doi.org/10.1007/978-3-030-52538-5_2
HEMOT®, Helmet for EMOTions: A web application 11

than using traditional teaching methodologies (e.g., pencil-and-paper and desktop


computers activities) [15]. The educational programs supported by mobile devices have
the advantage to foster students’ motivation, engagement, autonomy, problem solving,
and creativity [5, 17]. The benefits of ICT can be reaped also through the conduction of
psychological interventions aimed at promoting emotional competences [11]. The
emotional competence can be defined as the ability to understand, express, and regulate
emotions [4]. The acquisition of this skill occurs gradually from childhood to adolescence
and it represents a fundamental basis of the psychological development [4]. However,
only a few studies demonstrated the effectiveness of interventions using different hard-
ware and software in promoting abilities related to emotional competence, with both
clinical and non-clinical children [11]. As regards preparedness to disasters, some mobile
applications focused on earthquakes, without considering specifically emotional com-
petence [11]. Among the applications for android devices, we can distinguish game-
based vs. lecture-based applications [11, 15]. On the one hand, game-based learning
applications have the aim to promote earthquake-related knowledge while having fun;
these applications address both children and adults and present the contents in a very
interactive setting (e.g., dialogue between animated characters). On the other hand,
lecture-based applications foster earthquake-related knowledge in a more traditional way,
presenting the information with a content-focused methodology (e.g., written text). All
these applications are useful to learn characteristics of earthquakes (e.g., typical events
and sounds) and safety behaviors, but they treat only marginally emotional preparedness
[11]. When developing an application, it is important to take into account its accessibility
and usability, and this is particularly true when users are children [6]. Accessibility is an
objective property that refers to the matching between the individual’s abilities and the
characteristics of the environment: In the technological context, an environment is
accessible if it permits an independent fruition to all the users, also with disabilities and
impairments [18]. Usability is a more subjective construct which derives from the indi-
vidual’s interpretation: A usable environment enables users to achieve their goals
effectively, efficiently, and with satisfaction [6]. Within psychological research, usability
can also be considered as the difficulty experienced using a digital device to complete a
task [9]. The reasons underlying usability regard mainly four categories [9, 14]: user, task,
tool, and environment. Specifically, the perceived difficulty could relate to user’s
behavioral or psychological aspects (e.g., elicited emotions), characteristics of the task
(e.g., demanding questions), functioning of the device (e.g., connectivity issues), and/or
setting (e.g., confusion) [9].

1.1 The Development of HEMOT®


This study is part of the pilot phase of an evidence-based interdisciplinary project, i.e.,
the PrEmT project (Emotional Prevention and Earthquakes in primary school, in Italian
Prevenzione Emotiva e Terremoti nella scuola primaria) [11, 12, 16]. The PrEmT
project is the first step of the HEMOT® project (Helmet for EMOTions, https://www.
hemot.eu), aiming at promoting emotional competence in relation to different types of
disasters. Within the PrEmT project we developed ad hoc the web application
HEMOT® (patent pending), fostering knowledge concerning earthquakes, emotions,
and emotion regulation strategies [11, 16]. Differently from existing earthquake-related
12 G. Vicentini et al.

applications, this one combines behavioral and emotional prevention. HEMOT®


addresses both children and adults and it has been created thanks to the collaboration
between experts from different disciplines, such as psychology, geology, education,
informatics, and illustration. It has both a front-office and a back-office structure. The
web application includes ten levels: nine content levels and a final summary level. In its
final version, the user will be able to go to the next level only reaching a minimum
score. HEMOT® is a server-side software application based on ASP.NET Framework
configurated for web servers like Internet Information Services (IIS) and Apache.
A MS-sql relational database management system permits to store and retrieve data.
Moreover, HEMOT® is built on a Responsive Web Design (RWD) so that the web
page adequately fits with different devices, i.e., smartphones, tablets, laptops, and
desktop computers. About the language, the current version of this application is in
Italian, but its English translation is in progress.

1.2 The Present Study


This study has the aim to describe some steps in the development of the web appli-
cation HEMOT® used with children to foster earthquake-related emotional prepared-
ness. In particular, we focused on children’s individual differences in usability and
performance using HEMOT®. We applied Latent Class Growth Analysis (LCGA) to
identify unobserved groupings in longitudinal data. We had two specific aims. We
examined differences in usability evaluated for each of the nine content levels of
HEMOT® by identifying groups of children characterized by different patterns of
perceived difficulty (Aim 1). We then examined differences in performance obtained in
the nine content levels of HEMOT® by identifying groups of children characterized by
different patterns of correct answers (Aim 2).

2 Method

2.1 Participants
The convenience sample included 28 second-graders (M = 7.70 years, SD = 0.29; 41%
females) and 39 fourth-graders (M = 9.61 years, SD = 0.26; 54% females) from a
primary school in Northern Italy, with no disabilities, coming from a wide range of
socio-economic status. Twenty-three percent of the children had experienced at least one
earthquake, without any damage. All the parents signed the informed consent form for
the participation of their children. The study was approved by the Ethical Committee of
the Department of Human Sciences of University of Verona (protocol n. 134535).

2.2 Material and Procedure


We used a longitudinal design, collecting the data between February and April 2019,
during regular school lessons. The children participated to the training conducted
within the PrEmT project, aimed at increasing their knowledge on earthquakes (e.g.,
characteristics and safety behaviors), emotions (e.g., facial expression and emotional
HEMOT®, Helmet for EMOTions: A web application 13

lexicon), and emotion regulation strategies (e.g., coping strategies useful during and
right after an earthquake). During the ten units of the training, the participants used
HEMOT® through technological devices (i.e., tablets and headphones) and partici-
pated to traditional activities (e.g., pencil-and-paper tasks). At the end of each level of
HEMOT®, children had to rate its usability.
Usability. We operazionalized usability of the web application in terms of difficulty.
We asked the children to evaluate the usability of each of the nine content levels of
HEMOT® with a single item (i.e., How much difficult was using this app?) on a 5-point
scale (1 = not at all, 5 = very much).
Web Application. HEMOT® is a web application consisting of nine content levels
and a final summary level, about geological and emotional contents. In each level, there
is a series of items (ranging from 24 to 48) comprising written sentences read by a
digital voice, images and/or sounds (see Table 1), except for the last level. Each item
had to be evaluated on a dichotomous response (0 = wrong answer, 1 = right answer).
Summing all the levels, the maximum score was 296.
Level 1. The title of the first level is “Nature of earthquakes”. It includes 32 written
items; possible answers are “Yes” or “No”. Twenty-six items are associated to an
image drawn ad hoc representing both internal and external contexts; six items are
presented together with a sound. The items describe events that are or are not typical of
an earthquake; the correct descriptions of earthquake-related events have been defined
on the basis of the Modified Mercalli Intensity scale (MMI).
Level 2. The title of the second level is “Safety behaviors”. It includes 36 written
items; possible answers are “Yes” or “No”. Each item is associated to an image drawn
ad hoc. Twenty-six items refer to behaviors to be implemented during an earthquake;
ten items describe behaviors to be implemented right after an earthquake. The right and
wrong behaviors have been defined using international guidelines.
Level 3. The title of the third level is “Recognition of basic emotions”. It includes 36
written items; possible answers are “Yes” or “No”. Each item is associated to an image
drawn ad hoc representing a facial expression (the images have been balanced for
gender, ethnicity, and type of emotion). The task requires to recognize the right
matching between the written sentence and the corresponding image, focusing on six
emotions (i.e., calm, surprise, enjoyment, fear, sadness, and anger).
Level 4. The title of the fourth level is “Use of emotional lexicon”. It includes 36
written items; possible answers are “Yes” or “No”. The items are not associated to
images or sounds. The task requires to recognize the right matching between words
with the same meaning; there are three synonyms for each of the six emotions.
Level 5. The title of the fifth level is “Earthquake-related emotions”. It includes 36
written items; possible answers are “Yes” or “No”. Each item is associated to an image
drawn ad hoc representing a facial expression (the images have been balanced for
gender, ethnicity, and type of emotion). The task requires to recognize the valence of
six emotions.
14 G. Vicentini et al.

Level 6. The title of the sixth level is “Intensity of emotions”. It includes 48 written
items; possible answers are “Yes” or “No”. Each item is associated to an image drawn
ad hoc representing two faces experiencing the same emotion with identical or different
intensity (the images have been balanced for gender, ethnicity, type of emotion, and
intensity). The task requires to recognize the faces representing the same intensity, for
each of the emotions.
Level 7. The title of the seventh level is “Intra and inter-personal emotion regulation
strategies”. It includes 24 written items; possible answers are “Thinking” or “Doing” in
the first part, and “Alone” or “With others” in the second part. Each item is associated
to an image drawn ad hoc. The first 12 items refer to emotion regulation strategies to be
implemented by thinking (cognitive strategies) or doing (behavioral strategies) some-
thing; the second 12 items refer to emotion regulation strategies to be implemented
alone (intra-personal strategies) or with other people (inter-personal strategies). The
task requires to recognize the right type of each item.
Level 8. The title of the eighth level is “Strategies to be effectively used during
earthquakes”. It includes 24 written items; possible answers are “Yes” or “No”. Each
item is associated to an image drawn ad hoc. The items have been balanced for type of
strategy (i.e., cognitive or behavioral), category (according to a classification com-
prising 12 categories [19]), and emotional elements (i.e., presence or absence of
emotional elements in the description). Twelve items refer to adaptive emotion regu-
lation strategies (e.g., support seeking); twelve items refer to maladaptive emotion
regulation strategies (e.g., opposition) [10]. The task requires to recognize those
strategies useful to reduce fear experienced during an earthquake.
Level 9. The title of the ninth level is “Strategies to be effectively used after earth-
quakes”. It includes 24 written items; possible answers are “Yes” or “No”. Each item is
associated to an image drawn ad hoc. As in the previous level, the items have been
balanced for type of strategy, category, and emotional elements, and they present both
adaptive and maladaptive strategies. The task requires to recognize those strategies
useful to reduce fear, sadness, and anger experienced right after an earthquake.
Level 10. The title of the tenth level is “Put the pieces back together”. The aim of this
last level is to summarize the contents of the previous levels. The task requires to put
together four puzzles representing images and written descriptions on: (1) correct safety
behaviors during an earthquake, (2) correct safety behaviors right after an earthquake,
(3) adaptive emotion regulation strategies during an earthquake, and (4) adaptive
emotion regulation strategies right after an earthquake.
HEMOT®, Helmet for EMOTions: A web application 15

Table 1. Examples of items for the nine content levels of HEMOT® (adapted from [13]).

Examples of items
Examples of
Levels Questions [and right
drawings
answer]
1. Nature of Does this happen during an
The earth shakes. [Yes]
earthquakes earthquake?

During an earthquake, is it Looking for shelter


2. Safety behaviors correct to do this to get under a table inside the
safe? house. [Yes]

3. Recognition of Does the word describe the


Is he happy? [Yes]
basic emotions face?

Does being irritated


4. Use of emotional Do the two words
mean being angry? -
lexicon describe the same emotion?
[Yes]

5. Earthquake- How do you feel when you Do you feel good if you
related emotions experience this emotion? are calm? [Yes]

Do they experience the


6. Intensity of Are they surprised in the
emotion at the same
emotions same way? [Yes]
intensity?
7. Intra and inter- To feel better in this way, Paying attention to
personal emotion are you alone or with people who say to stay
regulation strategies others? calm. [With others]
8. Strategies to be
How can people feel better
effectively used Breathing deeply. [Yes]
during an earthquake?
during earthquakes
9. Strategies to be How can people feel
Talking about how they
effectively used better right away after an
feel. [Yes]
after earthquakes earthquake?

2.3 Analysis Procedure


We ran LCGAs using Mplus version 7 [7]. LCGAs use repeated measurements of
observed variables as indicators of latent variables that describe specific characteristics
of individual’s changes. Intercept and slope are considered two latent variables (called
also random coefficients). In particular, the intercept indicates the level of the studied
variable when time is equal to zero, and the slope represents the rate of change in the
same variable over time [1, 2]. At first we ran growth curve models to define the best
baseline model for usability and performance indicators. We compared two growth
curves for each studied variable: a first curve with usability and performance measures
repeated on the nine units as indicators and intercept and linear slope as higher order
latent factors, and a second one adding a quadratic parameter. For performance we
standardized all the scores. Then, we choose the best model on the basis of the number
of latent classes and the best fitting parameters (linear vs. linear and quadratic). In order
to compare the models, we used the information criteria and the fit indices. Further-
more, we considered parsimony and interpretability as relevant criteria, following
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administer such an oath, but must send for a magistrate competent
for the purpose. Unfortunately for him, the impeachment of Judge
Pickering was a precedent directly opposed to this doctrine. He was
compelled to submit while the Senate unwillingly took the forms of a
court.
Giles’s view of impeachment, which was the same with that of
Randolph, had the advantage of being clear and consistent. The
opposite extreme, afterward pressed by Luther Martin and his
associate counsel for the defence, restricted impeachment to
misdemeanors indictable at law,—a conclusion not to be resisted if
the words of the Constitution were to be understood in a legal sense.
Such a rule would have made impeachment worthless for many
cases where it was likely to be most needed; for comparatively few
violations of official duty, however fatal to the State, could be brought
within this definition. Giles might have quoted Madison in support of
the broader view; and if Madison did not understand the Constitution,
any other Virginian might be excused for error. So far back as the
year 1789, when Congress began to discuss the President’s powers,
Madison said: “I contend that the wanton removal of meritorious
officers would subject him to impeachment and removal from his
own high trust.” Such a misdemeanor was certainly not indictable,
and could not technically be brought within the words of the
Constitution; it was impeachable only on Giles’s theory.
The Senate became confused between these two views, and
never knew on what theory it acted. Giles failed to take from its
proceedings the character of a court of justice; but though calling
itself a court of justice, it would not follow strict rules of law. The
result was a nondescript court, neither legal nor political, making law
and voting misdemeanors for itself as it went, and stumbling from
one inconsistency to another.
The managers added to the confusion. They put forward no
steady theory of their own as to the nature of impeachment; possibly
differing in opinion, they intentionally allotted different lines of
argument to each. In opening the case, Feb. 20, 1805, one of the
managers, George W. Campbell of Tennessee, took the ground that
“misdemeanor” in the Constitution need imply no criminality.
“Impeachment,” said he, “according to the meaning of the
Constitution, may fairly be considered a kind of inquest into the
conduct of an officer merely as it regards his office.... It is more in the
nature of a civil investigation than of a criminal prosecution.” Such
seemed to be the theory of the managers and of the House; for
although the articles of impeachment reported by Randolph in
March, 1804, had in each case alleged acts which were inspired by
an evil intent to oppress the victim or to excite odium against the
Government, and were at least misdemeanors in the sense of
misbehavior, Randolph at the last moment slipped into the indictment
two new articles, one of which alleged no evil intent at all, while both
alleged, at worst, errors in law such as every judge in the United
States had committed. Article V. charged that Chase had issued a
capias against Callender, when the law of Virginia required a
summons to appear at the next court. Article VI. charged that he
had, “with intent to oppress,” held Callender for trial at once, contrary
to the law of Virginia. Every judge on the Supreme Bench had ruled
that United States courts were not bound to follow the processes of
the State courts; Chief-Justice Marshall himself, as Giles threatened,
must be the first victim if such an offence were a misdemeanor in
constitutional law.
That a judge was impeachable for a mistake in declaring the law
seemed therefore to be settled, so far as the House and its
managers could decide the point. Judge Chase’s counsel assumed
that this principle, which had been so publicly proclaimed, was
seriously meant; and one after another dwelt on the extravagance of
the doctrine that a civil officer should be punished for mere error of
judgment. In reply, Joseph H. Nicholson, Randolph’s closest ally,
repudiated the theory on which he had himself acted in Pickering’s
case, and which Giles, Randolph, and Campbell pressed; he even
denied having heard such ground taken as that an impeachment
was a mere inquest of office:—
“For myself, I am free to declare that I heard no such position
taken. If declarations of this kind have been made, in the name of the
managers I here disclaim them. We do contend that this is a criminal
prosecution for offences committed in the discharge of high official
duties, and we now support it,—not merely for the purpose of
removing an individual from office, but in order that the punishment
inflicted on him may deter others from pursuing the baneful example
which has been set them.”
The impeachment, then, was a criminal prosecution, and the
Senate was a criminal court; yet no offence was charged which the
law considered a misdemeanor, while error of judgment, with no
imputed ill-intent, was alleged as a crime.
Staggering under this load of inconsistencies, uncertain what line
of argument to pursue, and ignorant whether the Senate would be
ruled by existing law or invent a system of law of its own, the
managers, Feb. 9, 1805, appeared in the Senate chamber to open
their case and produce their witnesses. Upon the popular
imagination of the day the impeachment of Warren Hastings had
taken deep hold. Barely ten years had passed since the House of
Lords rendered its judgment in that famous case; and men’s minds
were still full of associations with Westminster Hall. The
impeachment of Judge Chase was a cold and colorless performance
beside the melodramatic splendor of Hastings’s trial; but in the
infinite possibilities of American democracy, the questions to be
decided in the Senate chamber had a weight for future ages beyond
any that were then settled in the House of Lords. Whether Judge
Chase should be removed from the bench was a trifling matter;
whether Chief-Justice Marshall and the Supreme Court should hold
their power and principles against this combination of State-rights
conservatives and Pennsylvania democrats was a subject for grave
reflection. Men who did not see that the tide of political innovation
had long since turned, and that the French revolution was no longer
raging, were consumed with anxiety for the fate of Chase, and not
wholly without reason; for had Marshall been a man of less calm and
certain judgment, a single mistake by him might easily have
prostrated the judiciary at the feet of partisans.
By order of the Vice-President the Senate chamber was arranged
in accordance with his ideas of what suited so grave an occasion.
His own chair stood, like that of the chief-justice in the court-room,
against the wall, and on its right and left crimson benches extended
like the seats of associate judges, to accommodate the thirty-four
senators, who were all present. In front of the Vice-President, on the
right, a box was assigned to the managers; on the left, a similar box
was occupied by Justice Chase and his counsel. The rest of the floor
was given to members of the House, foreign ministers, and other
official persons. Behind these a new gallery was erected especially
for ladies, and at each end of this temporary gallery boxes were
reserved for the wives and families of public officers. The upper and
permanent gallery was public. The arrangement was a mimic
reproduction of the famous scene in Westminster Hall; and the little
society of Washington went to the spectacle with the same interest
and passion which had brought the larger society of London to hear
the orations of Sheridan and Burke.
Before this audience Justice Chase at last appeared with his
array of counsel at his side,—Luther Martin, Robert Goodloe Harper,
Charles Lee, Philip Barton Key, and Joseph Hopkinson. In such a
contest weakness of numbers was one element of strength; for the
mere numbers of Congressmen served only to rouse sympathy for
the accused. The contest was unequal in another sense, for the
intellectual power of the House was quite unable on the field of law
to cope with the half-dozen picked and trained champions who stood
at the bar. Justice Chase alone was a better lawyer than any in
Congress; Luther Martin could easily deal with the whole box of
managers; Harper and Lee were not only lawyers, but politicians;
and young Hopkinson’s genius was beyond his years.
In the managers’ box stood no lawyer of corresponding weight.
John Randolph, who looked upon the impeachment as his personal
act, was not only ignorant of law, but could not work by legal
methods. Joseph H. Nicholson and Cæsar A. Rodney were more
formidable; but neither of them would have outweighed any single
member of Chase’s counsel. The four remaining managers, all
Southern men, added little to the strength of their associates. John
Boyle of Kentucky lived to become chief-justice of that State, and
was made district judge of the United States by a President who was
one of the Federalist senators warmly opposed to the impeachment.
George Washington Campbell of Tennessee lived to be a senator,
Secretary of the Treasury, and minister to Russia. Peter Early of
Georgia became a judge on the Supreme Bench of his own State.
Christopher Clark of Virginia was chosen only at the last moment to
take the place of Roger Nelson of Maryland, who retired. None of
them rose much above the average level of Congress; and Chase’s
counsel grappled with them so closely, and shut them within a field
so narrow, that no genius could have found room to move. From the
moment that the legal and criminal character of impeachment was
conceded, Chase’s counsel dragged them hither and thither at will.
Feb. 9, 1805, the case was opened by John Randolph. Randolph
claimed to have drawn all the articles of impeachment with his own
hand. If any one understood their character, it was he; and the
respondent’s counsel naturally listened with interest for Randolph’s
explanation or theory of impeachment, and for the connection he
should establish between his theory and his charges. These charges
were numerous, but fell under few heads. Of the eight articles which
Randolph presented, the first concerned the judge’s conduct at the
trial of John Fries for treason in Philadelphia in 1800; the five
following articles alleged a number of offences committed during the
trial of James Thompson Callender for libel at Richmond in that year;
Article VII. charged as a misdemeanor the judge’s refusal, in the
same year, to dismiss the grand jury in Delaware before indicting a
seditious printer; finally, Article VIII. complained of the judge’s
harangue to the grand jury at Baltimore in May, 1803, which it
characterized as “highly indecent, extrajudicial, and tending to
prostitute the high judicial character with which he was invested to
the low purpose of an electioneering partisan.”
Serious as some of these charges certainly were,—for in the
case of Callender, even more than in that of Fries, Chase’s temper
had led him to strain, if not to violate, the law,—none of the articles
alleged an offence known to the statute-books or the common law;
and Randolph’s first task was to show that they could be made the
subject of impeachment, that they were high crimes and
misdemeanors in the sense of the Constitution, or that in some
sense they were impeachable. Instead of arguing this point, he
contented himself by declaring the theory of the defence to be
monstrous. His speech touched the articles, one by one, adding little
to their force, but piling one mistake on another in its assertions of
fact and assumptions of law.
Ten days passed in taking evidence before the field was cleared
and the discussion began. Then, Feb. 20, 1805, Early and Campbell
led for the managers in arguments which followed more or less
closely in Randolph’s steps, inferring criminality in the accused from
the manifest tenor of his acts. Campbell ventured to add that he was
not obliged to prove the accused to have committed any crime
known to the law,—it was enough that he had transgressed the line
of official duty with corrupt motives; but this timid incursion into the
field of the Constitution was supported by no attempt at argument. “I
lay it down as a settled rule of decision,” said he, “that when a man
violates a law or commits a manifest breach of his duty, an evil intent
or corrupt motive must be presumed to have actuated his conduct.”
Joseph Hopkinson opened for the defence. Friends and enemies
joined in applauding the vigor of this young man’s attack. The whole
effort of Chase’s counsel was to drive the impeachers within the
limits of law, and compel them to submit to the restrictions of legal
methods. Hopkinson struck into the heart of the question. He
maintained that under the Constitution no judge could be lawfully
impeached or removed from office for any act or offence for which he
could not be indicted; “misdemeanor,” he argued, was a technical
term well understood and defined, which meant the violation of a
public law, and which, when occurring in a legal instrument like the
Constitution, must be given its legal meaning. After stating this
proposition with irresistible force, he dealt with Article I. of the
impeachment, which covered the case of Fries, and shook it to
pieces with skill very unlike the treatment of Early and Campbell.
Barton Key next rose, and dealt with Articles II., III., and IV., covering
part of Callender’s case; he was followed by Charles Lee, who
succeeded in breaking down Randolph’s interpolated Articles V. and
VI. Then Luther Martin appeared on the scene, and the audience felt
that the managers were helpless in his hands.
This extraordinary man—“unprincipled and impudent Federalist
bulldog,” as Jefferson called him—revelled in the pleasure of a fight
with democrats. The bar of Maryland felt a curious mixture of pride
and shame in owning that his genius and vices were equally
remarkable. Rough and coarse in manner and expression, verbose,
often ungrammatical, commonly more or less drunk, passionate,
vituperative, gross, he still had a mastery of legal principles and a
memory that overbalanced his faults, an audacity and humor that
conquered ill-will. In the practice of his profession he had learned to
curb his passions until his ample knowledge had time to give the
utmost weight to his assaults. His argument at Chase’s trial was the
climax of his career; but such an argument cannot be condensed in
a paragraph. Its length and variety defied analysis within the limits of
a page, though its force made other efforts seem unsubstantial.
Martin covered the same ground that his associates had taken
before him, dwelling earnestly on the contention that an impeachable
offence must be also indictable. Harper followed, concluding the
argument for the defence, and seeming to go beyond his associates
in narrowing the field of impeachment; for he argued that it was a
criminal prosecution, which must be founded on some wilful violation
of a known law of the land,—a line of reasoning which could end
only in requiring the violation of an Act of Congress. This theory did
not necessarily clash with that of Martin. No hesitation or
inconsistency was shown on the side of the defence; every resource
of the profession was used with energy and skill.
The managers then put forward their best pleaders; for they had
need of all their strength. Nicholson began by disavowing the idea
that impeachment was a mere inquest of office; this impeachment
was, he said, a criminal prosecution intended not merely to remove,
but to punish, the offender. On the other hand, he maintained that
since judges held their commissions during good behavior, and could
be removed only by impeachment, the Constitution must have
intended that any act of misbehavior should be considered a
misdemeanor. He showed the absurdities which would rise from
construing the Constitution in a legal sense. His argument, though
vigorous and earnest, and offering the advantages of a plausible
compromise between two extreme and impracticable doctrines, yet
evidently strained the language of the Constitution and disregarded
law. As Nicholson himself said, he discarded legal usage: “In my
judgment the Constitution of the United States ought to be
expounded upon its own principles, and foreign aid ought never to
be called in. Our Constitution was fashioned after none other in the
known world; and if we understand the language in which it is
written, we require no assistance in giving it a true exposition.” He
wanted a construction “purely and entirely American.” In the mouth
of a strict constructionist this substitution of the will of Congress for
the settled rules of law had as strange a sound as Luther Martin
could have wished, and offered another example of the instinct, so
striking in the Louisiana debate, which not even Nicholson,
Randolph, or Jefferson himself could always resist.
Rodney, the same day, followed Nicholson; and as though not
satisfied with his colleague’s theory, did what Nicholson, in the name
of all the managers, had a few hours before expressly disclaimed,—
he adopted and pressed Giles’s theory of impeachment with all the
precision of language he could command. Nicholson seemed
content to assume impeachment as limited to “treason, bribery, or
other high crimes and misdemeanors;” but in his view misbehavior
might be construed as a misdemeanor in a “purely and entirely
American” sense. Rodney was not satisfied with this argument, and
insisted that the Constitution imposed no limit on impeachment.
“Is there a word in the whole sentence,” he asked, “which
expresses an idea, or from which any fair inference can be drawn, that
no person shall be impeached but for ‘treason, bribery, or other high
crimes and misdemeanors?’... From the most cursory and transient
view of this passage I submit with due deference that it must appear
very manifest that there are other cases than those here specified for
which an impeachment will lie and is the proper remedy.”
The judges held their offices during good behavior; the instant a
judge should behave ill his office became forfeited. To ascertain the
fact “officially, or rather judicially,” impeachment was provided; the
authority of the Senate was therefore coextensive with the complaint.
Rodney stated this principle broadly, but did not rest upon it; on
the contrary, he accepted the respondent’s challenge, and undertook
to show that Chase had been guilty of crimes and misdemeanors in
the technical sense of the term. Probably he was wise in choosing
this alternative; for no one could doubt that his constitutional doctrine
was one into which Chase’s counsel were sedulously trying to drive
him. If Rodney was right, the Senate was not a court of justice, and
should discard judicial forms. Giles had seen this consequence of
the argument, and had acted upon it, until beaten by its inevitable
inconsistencies; at least sixteen senators were willing to accept the
principle, and to make of impeachment an “official, or rather judicial,”
inquest of office. Judge Chase’s counsel knew also that some half-
dozen Republican senators feared to allow a partisan majority in the
Senate to decide, after the fact, that such or such a judicial opinion
had forfeited the judge’s seat on the bench. This practice could end
only in making the Senate, like the House of Lords, a court of last
appeal. Giles threatened to impeach Marshall and the whole
Supreme Court on Rodney’s theory; and such a threat was as
alarming to Dr. Mitchill of New York, or Senator Bradley of Vermont,
as it was to Pickering and Tracy.
When Rodney finished, the theory of impeachment was more
perplexed than ever, and but one chance remained to clear it. All the
respondent’s counsel had spoken in their turn; all the managers had
expounded their theories: John Randolph was to close. Randolph
was an invalid, overwhelmed by work and excitement, nervous,
irritable, and not to be controlled. When he appeared in the box, Feb.
27, 1805, he was unprepared; and as he spoke, he not only made
his usual long pauses for recollection, but continually complained of
having lost his notes, of his weakness, want of ability, and physical
as well as moral incompetence. Such expressions in the mouths of
other men might have passed for rhetoric; but Randolph’s speech
showed that he meant all he said. He too undertook to answer the
argument of Luther Martin, Harper, and Hopkinson on the nature of
impeachment; but he answered without understanding it,—calling it
“almost too absurd for argument,” “a monstrous pretension,” “a
miserable quibble,” but advancing no theory of his own, and
supporting neither Campbell’s, Nicholson’s, nor Rodney’s opinion.
After a number of arguments which were in no sense answers, he
said he would no longer worry the good sense of the Court by
combating such a claim,—a claim which the best lawyers in America
affirmed to be sound, and the two ablest of the managers had
exhausted themselves in refuting.
Randolph’s closing speech was overcharged with vituperation
and with misstatements of fact and law, but was chiefly remarkable
on account of the strange and almost irrational behavior of the
speaker. Randolph’s tall, thin figure, his penetrating eyes and shrill
voice, were familiar to the society of Washington, and his violence of
manner in the House only a short time before, in denouncing
Granger and the Yazoo men, had prepared his audience for some
eccentric outburst; but no one expected to see him, “with much
distortion of face and contortion of body, tears, groans, and sobs,”
break down in the middle of his self-appointed task, and congratulate
the Senate that this was “the last day of my sufferings and of
yours.”[143]
The next day the Senate debated the form of its final judgment.
[144] Bayard moved that the question should be put: “Is Samuel
Chase guilty or not guilty of a high crime or misdemeanor as charged
in the article just read?” The point was vital; for if this form should be
adopted, the Senate returned to the ground it had deserted in the
case of Judge Pickering, and every senator would be obliged to
assert that Chase’s acts were crimes. At this crisis Giles abandoned
the extreme impeachers. He made a speech repeating his old
argument, and insisting that the House might impeach and the
Senate convict not only for other than indictable offences, but for
other than high crimes and misdemeanors; yet since in the present
case the charges were avowedly for high crimes and misdemeanors,
he was willing to take the question as Bayard proposed it, protesting
meanwhile against its establishment as a precedent. Bayard’s
Resolution was adopted March 1, a few moments before the hour of
half-past twelve, which had been appointed for pronouncing
judgment.
The Senate chamber was crowded with spectators when Vice-
President Burr took the chair and directed the secretary to read the
first article of impeachment. Every member of the Senate answered
to his name. Tracy of Connecticut, prostrated by recent illness, was
brought on a couch and supported to his seat, where his pale face
added to the serious effect of the scene. The first article, which
concerned the trial of Fries, was that on which Randolph had
founded the impeachment, and on which the managers had thrown
perhaps the greatest weight. As the roll was called, Senator Bradley
of Vermont, first of the Republican members, startled the audience
by saying “Not Guilty.” Gaillard of South Carolina, and, to the
astonishment of every one, Giles, the most ardent of impeachers,
repeated the same verdict. These three defections decided the
result; but they were only the beginning. Jackson of Georgia, another
hot impeacher, came next; then Dr. Mitchill, Samuel Smith of
Maryland, and in quick succession all the three Smiths of New York,
Ohio, and Vermont. A majority of the Senate declared against the
article, and the overthrow of the impeachers was beyond expectation
complete.
On the second article the acquittal was still more emphatic; but
on the third the impeachers rallied,—Giles, Jackson, and Samuel
Smith returned to their party, and for the first time a majority
appeared for conviction. Yet even with this support, the impeachers
were far from obtaining the required twenty-three votes; the five
recalcitrant Northern democrats stood firm; Gaillard was not to be
moved, and Stone of North Carolina joined him:—the impeachers
could muster but eighteen votes. They did no better on the fourth
article. On the fifth,—Randolph’s interpolated charge, which alleged
no evil intent,—every member of the Senate voted “Not Guilty;” on
the sixth, which was little more than a repetition of the fifth, only four
senators could be found to condemn, and on the seventh, only ten.
One chance of conviction remained, the eighth article, which covered
the judge’s charge to the grand jury at Baltimore in 1803. There lay
the true cause of impeachment; yet this charge had been least
pressed and least defended. The impeachers brought out their whole
strength in its support; Giles, Jackson, Samuel Smith, and Stone
united in pronouncing the judge guilty: but the five Northern
democrats and Gaillard held out to the last, and the managers saw
themselves deserted by nearly one fourth of the Republican
senators. Nineteen voices were the utmost that could be induced to
sustain impeachment.
The sensation was naturally intense; and yet the overwhelming
nature of the defeat would have warranted an excitement still
greater. No one understood better the meaning of Chase’s acquittal
than John Randolph, whose authority it overthrew. His anger showed
itself in an act which at first alarmed and then amused his enemies.
Hurrying from the Senate chamber to the House, he offered a
Resolution for submitting to the States an amendment to the
Constitution: “The judges of the Supreme and all other courts of the
United States shall be removed by the President on the joint address
of both Houses of Congress.” His friend Nicholson, as though still
angrier than Randolph, moved another amendment,—that the
legislature of any State might, whenever it thought proper, recall a
senator and vacate his seat. These resolutions were by a party vote
referred to the next Congress.
Randolph threatened in vain; the rod was no longer in his hands.
His overthrow before the Senate was the smallest of his failures. The
Northern democrats talked of him with disgust; and Senator Cocke of
Tennessee, who had voted “Guilty” on every article of impeachment
except the fifth, told his Federalist colleagues in the Senate that
Randolph’s vanity, ambition, insolence, and dishonesty, not only in
the impeachment but in other matters, were such as to make the
acquittal no subject for regret.[145] Madison did not attempt to hide
his amusement at Randolph’s defeat. Jefferson held himself
studiously aloof. To Jefferson and men of his class Randolph seems
to have alluded, in a letter written a few weeks later, as “whimsicals,”
who “advocated the leading measures of their party until they were
nearly ripe for execution, when they hung back, condemned the step
after it was taken, and on most occasions affected a glorious
neutrality.”[146] Even Giles turned hostile. He not only yielded to the
enemies of Randolph in regard to the form of vote to be taken on the
impeachment, and fairly joined them in the vote on the first article,
but he also aided in offering Randolph a rebuke on another point
connected with the impeachment.
In the middle of the trial, February 15, Randolph reported to the
House, and the House quickly passed, a Bill appropriating five
thousand dollars for the payment of the witnesses summoned by the
managers. When this Bill came before the Senate, Bayard moved to
amend it by extending its provisions to the witnesses summoned by
Judge Chase. The point was delicate; for if the Senate was a court,
and impeachment a criminal procedure, this court should follow the
rules that guided other judicial bodies; and every one knew that no
court in America or in Christendom obliged the State, as a
prosecutor, to pay the witnesses of the accused. After the acquittal,
such a rule was either equivalent to telling the House that its charges
against Chase were frivolous and should never have been
presented, or it suggested that the trial had been an official inquiry
into the conduct of an officer, and not a criminal procedure at law.
The Republicans might properly reject the first assumption, the
Federalists ought to resist the second; yet when Bayard’s
amendment came to a vote, it was unanimously adopted.[147] The
House disagreed; the Senate insisted, and Giles led the Senate,
affirming that he had drawn the form of summons, and that this form
made no distinction between the witnesses for one party and the
other. The argument was not decisive, for the court records showed
at once by whom each witness was called; but Giles’s reasoning
satisfied the Senate, and led to his appointment, March 3, with
Bradley, an enemy of impeachment, as conferrees to meet
Randolph, Nicholson, and Early on the part of the House. They
disagreed; and Randolph, with his friends, felt that Giles and the
Senate had inflicted on them a grievous insult. The Report of the
conference committee was received by the House at about seven
o’clock on the evening of March 3, when the Eighth Congress was
drawing its last breath. Randolph, who reported the disagreement,
moved that the House adhere; and having thus destroyed the Bill, he
next moved that the Clerk of the House should be directed to pay the
witnesses, or any other expense certified by the managers, from the
contingent fund. He would have carried his point, although it violated
every financial profession of the Republican party, but that the House
was thin, and the Federalists, by refusing to vote, prevented a
quorum. At half-past nine o’clock on Sunday night, the 3d of March,
1805, the Eighth Congress came to an end in a scene of total
confusion and factiousness.
The failure of Chase’s impeachment was a blow to the
Republican party from which it never wholly recovered. Chief-Justice
Marshall at length was safe; he might henceforward at his leisure fix
the principles of Constitutional law. Jefferson resigned himself for the
moment to Randolph’s overthrow; but the momentary consolations
passed away, and a life-long disappointment remained. Fifteen years
later his regret was strongly expressed:—
“The Judiciary of the United States,” mourned the old ex-President,
[148] “is the subtle corps of sappers and miners constantly working
underground to undermine the foundations of our confederated fabric.
They are construing our Constitution from a co-ordination of a general
and special government to a general and supreme one alone....
Having found from experience that impeachment is an impracticable
thing, a mere scarecrow, they consider themselves secure for life;
they skulk from responsibility; ... an opinion is huddled up in conclave,
perhaps by a majority of one, delivered as if unanimous, and with the
silent acquiescence of lazy or timid associates, by a crafty chief-judge
who sophisticates the law to his mind by the turn of his own
reasoning.”
The acquittal of Chase proved that impeachment was a
scarecrow; but its effect on impeachment as a principle of law was
less evident. No point was decided. The theory of Giles, Randolph,
and Rodney was still intact, for it was not avowedly applied to the
case. The theory of Judge Chase’s counsel—that an impeachable
offence must be also indictable, or even a violation of some known
statute of the United States—was overthrown neither by the
argument nor by the judgment. So far as Constitutional law was
concerned, President Jefferson himself might still be impeached,
according to the dictum of Madison, for the arbitrary removal of a
useful tide-waiter, and Chief-Justice Marshall might be driven from
the bench, as Giles wished, for declaring the Constitution to be
above the authority of a statute; but although the acquittal of Chase
decided no point of law except his innocence of high crimes or
misdemeanors, as charged in the indictment, it proved impeachment
to be “an impracticable thing” for partisan purposes, and it decided
the permanence of those lines of Constitutional development which
were a reflection of the common law. Henceforward the legal
profession had its own way in expounding the principles and
expanding the powers of the central government through the
Judiciary.
CHAPTER XI.
The Louisiana treaty, signed in May, 1803, was followed by two
years of diplomatic activity. The necessary secrecy of diplomacy
gave to every President the power to involve the country without its
knowledge in dangers which could not be afterward escaped, and
the Republican party neither invented nor suggested means by
which this old evil of irresponsible politics could be cured; but of all
Presidents, none used these arbitrary powers with more freedom
and secrecy than Jefferson. His ideas of Presidential authority in
foreign affairs were little short of royal. He loved the sense of power
and the freedom from oversight which diplomacy gave, and thought
with reason that as his knowledge of Europe was greater than that of
other Americans, so he should be left to carry out his policy
undisturbed.
Jefferson’s overmastering passion was to obtain West Florida. To
this end two paths seemed open. If he chose to conciliate, Yrujo was
still ready to aid; and Spain stood in such danger between England
and France that Godoy could not afford to throw the United States
into the hands of either. If Jefferson wished the friendship of Spain,
he had every reason to feel sure that the Prince of Peace would act
in the same spirit in which he had negotiated the treaty of 1795 and
restored the right of deposit in 1802. In this case Florida must be let
alone until Spain should be willing to cede, or the United States be
ready for war.
On the other hand, the President might alienate Spain and grasp
at Florida. Livingston and Monroe warmly urged this policy, and were
in fact its authors. Livingston’s advice would by itself have had no
great weight with Jefferson or Madison, but they believed strongly in
Monroe; and when he made Livingston’s idea his own, he gave it
weight. Monroe had been sent abroad to buy Florida; he had bought
Louisiana. From the Potomac to the Mississippi, every Southern man
expected and required that by peace or war Florida should be
annexed to the Union; and the annexation of Louisiana made that of
Florida seem easy. Neither Monroe, Madison, nor Jefferson could
resist the impulse to seize it.
Livingston’s plan has been described. He did not assert that
Spain had intended to retrocede Florida to France, or that France
had claimed it as included in the retrocession. He knew the contrary;
and tried in vain to find some one willing to say that the country to
the Perdido ought to be included in the purchase. He made much of
Marbois’s cautious encouragement and Talleyrand’s transparent
manœuvres; but he was forced at last to maintain that Spain had
retroceded West Florida to France without knowing it, that France
had sold it to the United States without suspecting it, that the United
States had bought it without paying for it, and that neither France nor
Spain, although the original contracting parties, were competent to
decide the meaning of their own contract. Believing that Bonaparte
was pledged to support the United States in their effort to obtain
West Florida, Livingston was anxious only to push Spain to the
utmost. Talleyrand allowed him to indulge in these dreams. “I have
obtained from him,” wrote Livingston to Madison,[149] “a positive
promise that this government shall aid any negotiation that shall be
set on foot” for the purchase of East Florida; while as for Florida west
of the Perdido, “the moment is so favorable for taking possession of
that country, that I hope it has not been neglected, even though a
little force should be necessary to effect it. Your minister must find
the means to justify it.”
When the letters written by Livingston and Monroe in May, 1803,
reached Washington, they were carefully studied by the President,
fully understood, and a policy quickly settled. When Jefferson wrote
to Senator Breckenridge his ideas on the unconstitutionality of the
purchase, he spoke with equal clearness on the course he meant to
pursue toward Spain in order to obtain Florida:[150]—
“We have some claims to extend on the sea-coast westwardly to
the Rio Norte or Bravo, and, better, to go eastwardly to the Rio
Perdido, between Mobile and Pensacola, the ancient boundary of
Louisiana. These claims will be a subject of negotiation with Spain;
and if as soon as she is at war we push them strongly with one hand,
holding out a price with the other, we shall certainly obtain the
Floridas, and all in good time.”
This was not Livingston’s plan, but something quite distinct from
it. Livingston and Monroe wanted the President to seize West
Florida, and negotiate for East Florida. Jefferson preferred to
negotiate for West Florida and to leave East Florida alone for the
time.
Madison had already instructed[151] the minister at Madrid that
the Floridas were not included in the treaty, “being, it appears, still
held by Spain,” and that the negotiation for their purchase would be
conducted by Monroe at Madrid. Instructions of the same date were
instantly sent to Monroe,[152] urging him to pursue the negotiation for
Florida, although owing to the large drain made on the Treasury, and
to the “manifest course of events,” the government was not disposed
to make sacrifices for the sake of obtaining that country. “Your
inquiries may also be directed,” wrote Madison, “to the question
whether any, and how much, of what passes for West Florida be
fairly included in the territory ceded to us by France.”
The idea that West Florida could be claimed as a part of the
Louisiana purchase was a turning-point in the second Administration
of Jefferson. Originating in Minister Livingston’s mind, it passed from
him to Monroe; and in a few weeks the President declared the claim
substantial.[153] As the summer of 1803 closed, Jefferson’s plan
became clear. He meant to push this claim, in connection with other
claims, and to wait the moment when Spain should be dragged into
the war between France and England.
These other claims were of various degrees of merit, and
involved France as well as Spain. During the quasi war between the
United States and France, before Jefferson came into power,
American commerce in Spanish waters suffered severely from two
causes. The first consisted in captures made by Spanish cruisers,
and condemnations decided in Spanish courts; the second was due
to captures made by French cruisers, and condemned by French
consuls in Spanish ports, or by courts of appeal in France, without
regard to the rights or dignity of Spain. With much trouble, in August,
1802, at the time when Europe and America were waiting for the end
of Leclerc’s struggle with the negroes and fevers of St. Domingo,
Pinckney succeeded in persuading the Prince of Peace to let the
claims for Spanish depredations go before a commission for
settlement; but Godoy obstinately refused to recognize the claims for
French depredations, taking the ground that Spain was in no way
responsible for them, had never in any way profited by them, and
had no power at the time they occurred to prevent them; that France,
and France alone, had committed the offence, and should pay for it.
Pinckney resisted this reasoning as energetically as possible; but
when Cevallos offered to sign a convention covering the Spanish
depredations, and reserving the Franco-Spanish claims for future
discussion, Pinckney properly decided to accept an offer which
secured for his fellow-citizens five or ten millions of money, and
which left the other claim still open.[154] The convention of Aug. 11,
1802, was sent to the Senate Jan. 11, 1803, in the excitement that
followed Morales’s withdrawal of the entrepôt at New Orleans. The
Senate deferred action until the last moment of the session; and
then, March 3, 1803, after Nicholson and Randolph had appeared at
the bar to impeach Judge Pickering, Pinckney’s claims convention
was taken up, and the nine Federalists were allowed to defeat it by
the absence of Republican senators. The majority reconsidered the
vote and postponed the whole subject till the next session. Thus,
owing to the action of Federalist senators, when Jefferson in the
following summer, after buying Louisiana, looked about for the
means of buying Florida, he found these classes of claims,
aggregating as he supposed between five and ten million dollars,
ready to his hand. Monroe was promptly ordered to insist upon
treating both classes alike, and setting both of them against the
proposed purchase of Florida. “On the subject of these claims you
will hold a strong language,” said Madison.[155]
A third class of claims could be made useful for the same
purpose. Damages had been sustained by individuals in the violation
of their right of deposit at New Orleans in the autumn of 1802.
“A distinction, however, is to be made,” wrote Madison, “between
the positive and specific damages sustained by individuals and the

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