Busch Notes CH 10 Part 3
Background/Context:
As the Election of 1796 approached… Unity as GW preached in his “Farewell Address” was gone. The National Government was divided into two political factions with different visions for the future of the United States {Federalists v. Democratic-Republicans}. The two leaders of these different visions were Alexander Hamilton who dreamed of transforming the United States into a manufacturing giant like Britain…he often called America, “Hercules in the cradle”- and believed the government would be strong if it won the favor of the financial elite. In contrast, Thomas Jefferson feared the growth of manufacturing because he sensed that it would marginalize the Southern Plantation Owner, Yeoman Farmer, and decrease the citizenry’s independence. His vision focused on a nation of commercial agriculture and independent farmers; virtue, he argued, was best maintained by those “who labor in the earth.”
Divisions deepened when the United States was pulled into a European conflict in the 1790s. After the French Revolution unraveled into unparalleled bloodshed, France declared war on Britain, Spain, and Holland. Jeffersonians saw the French Revolution as heir to the American War for Independence, Hamiltonians watched with horror as the revolution spun out of control…due to these intractable differences… The Federalists and Democratic-Republicans became permanent with two very different visions for the future of the United States of America. The Unity GW preached in his Farewell address was gone replaced by hateful debate and political battles in the later 1790s.
In the Election of 1796, John Adams, Federalist faces Thomas Jefferson, Democratic-Republican for the Presidency. Each with different beliefs about the “Spirit of 76” and how the new National Government should proceed. In the first Election held in America where Political Parties were influential, John Adams is elected President AND…according the Constitutional rules for the electors… Thomas Jefferson who received the 2nd most electoral votes for President becomes the Vice-President. Thus we have the only time in our history where the President is of one party the Vice-President is of the other… a unique occurrence, one the framers of the Constitution had not considered because there were no political parties when the framers set up the process for electing the President. This will have even a bigger influence in 1800*, nonetheless… this left the Federal Government for the next four years in a precarious position…Would these fierce rivals be able to govern effectively as the nation became further embroiled in European conflicts, the rise of Napoleon, and a “Quasi-War” against France and at the same time figuring out how to govern in the new era of a Two-Party system…What impact for the future of the United States will this Period, 1796 -1800, have on who we become… we shall see (Busch)
Questions to consider:
What were the domestic and international consequences of the French Revolution (1789 -1815, 26 years)?
What were the domestic and international consequences of Jay’s Treaty, 1795?
How does the nation respond to the new reality of permanent political parties and the outcome of the Election of 1796?
How did John Adams handle foreign affairs with France?
How do the Alien and Sedition Acts influence the Virginia and Kentucky resolutions, and what were Jefferson (Ky. Resolution) and Madison (Va. Resolution)s proposed remedy? How were the Alien and Sedition Acts a threat to the new, fragile Bill of Rights?
Who would likely support Hamiltonian Federalists, and who would likely support Jeffersonian Democratic-Republicans? What were the philosophical differences between the two political parties…AND… How were their visions for the future of America different?
Theme: The debate over Hamilton’s financial plans(notes Ch. 10 Part 1) expanded into a wider political conflict as the French Revolution ensued and affected the United States. This conflict between Hamilton’s Federalists and Jefferson’s Democratic-Republicans – the first political parties in America – is made permanent due to the Foreign Policy crises of the mid 1790s…but, coincides with domestic political conflicts as John Adams serves as the 2nd President of the USA from 1797 until 1801. The Hamiltonian Federalists supported a strong Federal/National government, a “loose” interpretation of the Constitution, and a vision of The United States of America as a Manufacturing (business) nation. The Jeffersonian Democratic-Republicans supported a weaker Federal/National government with the States having more power (States’ Rights), a “strict” interpretation of the Constitution, and a vision of the United States of America as an Agricultural (farmers) nation. These divisions culminate in the bitter CRAZY Election of 1800.
Quotes:
“…there is in the genius of the people of this country, a peculiar aptitude for mechanic improvements, it would operate as a forcible reason for giving opportunities to the exercise of that species of talent, by the propagation of manufactures…To cherish and stimulate the activity of the human mind, by multiplying the objects of enterprise…by which the wealth of a nation may be promoted…it is in the interest of nations to diversify the industrious pursuits of the individuals, who compose them—That the establishment of manufactures is calculated not only to increase the general stock of useful and productive labor; but even to improve the state of Agriculture in particular; certainly to advance the interests of those who are engaged in it.”
Alexander Hamilton, Report on Manufactures (1791) his 3rd report to congress…and his “Magnus Opus.”
“Those who labor in the earth are the chosen people of God, if ever He had a chosen people… Corruption of morals in the mass of cultivators is a phenomenon of which no age nor nation has furnished an example… While we have land to labor then, let us never wish to see our citizens occupied at a workbench…for the general operations of manufacture, let our workshops remain in Europe. The mobs of great cities add just so much to the support of pure government, as sores do to the strength of the human body.”
Thomas Jefferson, Notes on the State of Virginia (1785) his “Magnus Opus.”
Thus, the debate…. About the future of the United States of America…. It will become apparent that these two competing visions become the heart of the paradoxof US History… How is it that these two distinct and unique visions are continued and are present primarily in the North v. South…. How will…does it…is it…ever resolved?
Notes from the text
The Election of 1796 – John Adams becomes the 2nd President of the USA{Thomas Jefferson VP} How would this work? JA was a Federalist and TJ was a Democratic-Republican…it is the ONLY TIME…we have this conundrum in our history.
An interesting image of the Electoral Votes from the Election of 1796. You can observe our counties namesake, James Iredell, Federalist, a Supreme Court Jurist, receiving 3 electoral votes …you also begin to see the effect that POLITICAL PARTIES have on the election process… More in my notes…If this image is too difficult to read MAKE IT BIGGER .
Election of 1796- 1st formal transfer of power –showed the system worked ?
John Adams (Federalist) v. Thomas Jefferson (Democratic-Republican) (others received electoral votes… each elector votes twice according to Constitution… Person with most votes wins Presidency Person with second most votes becomes Vice-President*** until 12th Amendment is passed in 1804**
1st “contested” Presidential Election (parties not considered during Constitutional Convention)
Election held during a 34 day window for each state to vote… (prior to 1845) most on same day, though…
Candidates DO NOT CAMPAIGN---it would seem self-serving and not ‘republican’ in nature---avoided it (except Aaron Burr )
Population in 1796 4.7 million ---- 70,000 total popular votes cast… turnout about 25% of eligible voters…
In 6 states the “people” eligible voters cast votes for a winner take all (except some it is winner take all based on legislative districts)…
In 10 States the STATE LEGISLATORS chose the electors… regardless of vote… (voters chose state legislators, thus electors?)
RESULTS: 16 states cast electoral votes (Ohio not yet) see chart above**********
JOHN ADAMS (Federalist) Mass. - 71 electoral votes (70 needed for a majority)***President***
Thomas Jefferson (Dem./Rep.)- 68 electoral votes Vice-President***
***Only time Pres. & VP NOT FROM THE SAME PARTY*** Trouble???
Others receiving electoral votes:
Thomas Pinckney (Fed.) SC59 Federalists choice for VP
Aaron Burr (Dem/Rep) NY30 Dem/Rep choice for VP
***Special Note:
James Iredell, (Fed.) current associate justice on Supreme Court from NC received 3 electoral votes *** our county founded in 1788 is named for him (split off from Rowan County)
***John Adams comes into office as the 2nd President with certain handicaps:
-Having to follow GW
-TJ is VP
-Hamilton and Adams do not get along (federalist split –Hamilton leads “High Federalists” Adams does not lead party.
-Adams has to deal with the effects of the French Revolution and the French reaction to the Jay Treaty w/GB
UNOFFICIAL FIGHTING WITH FRANCE
France was chaotic… upset with us for signing the Jay Treaty with GB… this Treaty besides “cementing” (making permanent) the 1st two political parties…. ALSO LEADS TO A “QUASI-WAR” WITH FRANCE***
-The French assume that the Jay Treaty is an initial step to an alliance between the USA & GB….and a VIOLATION of the Franco-American Alliance signed in 1778***still in force despite our Proclamation of Neutrality in the war ensuing between France and Great Britain…
French Actions:
-Seize over 300 American merchant ships(over 2,000 during Quasi-War)
-Refuse to recognize the new American Ambassador and threaten to have him arrested.
Adams’ Response to French actions above:
-Avoid War at any cost…GW’s example…
-Sends a diplomatic commission to France (John Marshall {future Chief Justice of the Supreme Court in 1803}**, Charles Pinckney, and Elbridge Gerry (all Federalists) to France to work out this conflict.
XYZ AFFAIR***
Upon arrival in France (just before Napoleon takes power) 1797, The American diplomatic commission is unable to to meet the French foreign minister Talleyrand. However, they are met by 3 representatives from Talleyrand’s office {later named as X, Y, & Z }
XYZ (Talleyrand’s representatives) - tell the American diplomatic commissioners that to meet Talleyrand they must:
1- Promise to loan France a large sum of $ to fund their war w/GB
2- Pay a personal BRIBE of 250,000$ to Talleyrand himself
American Commissioners respond with shock, distrust, and plain confusion…seriously, they ask?
XYZ then tell the American commissioners additionally---THAT IF THE $$ IS NOT PAID FRANCE WILL INVADE THE USA***?
TALLEYRAND…just before the American Commissioners leave…does meet with them…takes back the threat of invasion…BUT, does not promise to stop confiscating American merchant ships nor promise anything else… ?
News of this INSULT TO THE USA arrives back home**** and leads to the QUASI-WAR WITH FRANCE***1798-99 {undeclared by Congress}
“Millions for Defense, but not one cent for tribute!”
Pro-war Federalists push for FORMAL WAR against France…and begin to pass laws to fund WAR…GW is even notified and asked to take command of a provisional 10,000 man army… (remember the US army is very small…most soldiers go home after the end of the Revolutionary War… a standing Army is a threat to Liberty… so it is kept small during peacetime---mainly fighting Native Americans (and losing) –this continues until after the Civil War up until after WWII (with few exceptions)*** THE US NAVY HAS TO BE RECREATED… AND THE US MARINES ARE CREATED…WE ALSO PLEDGE SUPPORT TO TOUSSAINT L’OUVETURE***LEADER OF THE HAITAIN SLAVE REBELLION AGAINST FRANCE THAT LIBERATES HAITI***
CONGRESS OFFICIALLY CREATES THE US NAVY—AUTHORIZES THE BUILDING OF 12 SHIPS (22 GUNS EACH)… why JAdams is called the Father of the American Navy…they capture over 80 French ships, fight mostly in the Caribbean, and are very successful…
Dem/Rep – Francophiles… question Adams and ask that the transcripts of the meetings between XYZ and the American commission be made public…he does so…USING X, Y, & Z instead of the names of the actual French Representatives…THE transcripts prove his case… and he is vindicated*** The Public Clamors for WAR***with France***Adams and the Federalists are very popular****The Federalist controlled Congress even gets a bigger advantage in the 1798 mid-term elections and pass 4 VERY IMPORTANT ACTS***CALLED THE ALIEN & SEDITION ACTS***LATER IN MY NOTES***
Adams at this point makes a critical decision***to attempt one more time for PEACE***
He nominates a new ambassador to France---when this hits the Senate*** the Hamiltonian High Federalists are pissed…and
Adams has to deal with Hamilton… but manages to also NAME A NEW GROUP TO GO TO FRANCE TO END THIS CONFLICT***
THE CONVENTION OF 1800***(Treaty between France and the USA)
Napoleon has come to power in France** and wished to dominate Europe---to do so he needs to settle this conflict with America—he also has designs on retaking the Louisiana territory from Spain (does in a secret treaty***in 1799)***danger***
The Treaty with France –THE CONVENTION OF 1800 – IS SIGNED*** unpopular at home…everyone was gearing up for war.
-Ends Franco-American Alliance of 1788-The USA does not sign another Military alliance treaty until 1949 NATO treaty (Isolationist Foreign Policy tradition is extended from this point on----GWs Farewell Address as the beginning)****
-The USA agrees to pay damages to US merchant shippers (over 2000 ships taken)
-
EFFECTS:
-Allows Adams to keep us out of war---costs Adams the Presidency in 1800 however…***
-Allows Thomas Jefferson when he becomes President to Purchase Louisiana in 1803***
****FEDERALIST WITCH-HUNT (the 4 Alien and Sedition Acts are passed, 1798)*****huge*****including response by Jefferson and Madison --The Kentucky {Jeff, VP} and Virginia {Mad, in Congress} Resolutions****
ALIEN AND SEDITION ACTS, 1798 PASSED BY A MAJORITY FEDERALIST CONGRESS***
1- Naturalization Act - increased residency requirement to become citizen from 5 to 14 years (most new citizens were Dem/Rep)
2- Alien Friends Act- Allowed the President to imprison or deport aliens considered to be a threat to the USA anytime.
3- Alien Enemies Act***still in force today*** - to imprison any male citizen (over 14 years old) of a hostile nation in the USA. Made stronger during WWI and WWII (Japanese internment)
4- Sedition Act*** most controversial*** - made punishable by fine and imprisonment ANY SPEECH THAT WAS CRITICAL OF THE FEDERAL GOVERNMENT OR WAR EFFORT (due to Zenger Case, 1740s…Truth is allowed as an acceptable defense.
-Several Jeffersonian Democratic-Republican Newspaper Editors are tried, fined, and imprisoned.
-Matthew Lyon, a Dem/Rep CONGRESSMAN and Newspaper Owner in Vermont… is the 1st to be tried and convicted (1000$fine and spends 4 months in prison) then returns to Congress.
****Clearly…these laws are unconstitutional…yet never reaches the Supreme Court…THEY ARE VERY POPULAR WITH A LARGE MAJORITY OF THE PEOPLE…at this time… later… the people will turn on the FEDERALISTS FOR THESE LAWS ESP. #4---allowing Tjeff to be elected President over Adams in 1800****
*****Thomas Jefferson and James Madison’s Response to the Alien and Sedition acts:
*****THE VIRGINIA (MAD.) AND KENTUCKY (JEFF) RESOLUTIONS*******HUGE*****LONG TERM SIGNIFICANCE
-The resolutions written SECRETLY by Jefferson and Madison are political statements that took the position that the 4 Alien and Sedition Acts were UNCONSTITUTIONAL***
Included in the resolutions:
1 Compact Theory – Jefferson proposed the idea that the Constitution was a “COMPACT” (contract) among the STATES…WHO CREATED IT…
2 NULLIFICATION – Jefferson said that since it was the STATES that created the Constitution….that THE STATES…should have the power to determine the CONSTITUTIONALITY OF LAWS PASSED BY THE NATIONAL GOVERNMENT… that when a law is passed (such as the Alien and Sedition acts -4, THAT A STATE BELIEVES (JUDGES)
IT TO BE UNCONSTITUTIONAL---THEY SHOULD---“NULLIFY” IT---DECLARE IT EFFECTS---“NULL AND VOID” ---IN THEIR STATE !!!
3 INTERPOSITION – Madison in the Virginia Resolution --- instead of using the term NULLIFICATION---uses the term INTERPOSITION ---THAT THE STATE JUDGING A LAW UNCONSITUTIONAL---WOULD “INTERPOSE” ITSELF TO STOP THE LAW FROM GOING INTO EFFECT IN THEIR STATE.
RESPONSE OF OTHER STATES:
NONE SUPPORT THE KENTUCKY NOR VIRGINIA RESOULUTIONS.
FEDERALISTS RESPONSE:
The Constitution was created by the people, who are sovereign…”We the People of the United States of America,” NOT ---“We the States,” obviously
By 1803, Chief Justice of the Supreme Court John Marshall, in the opinion of the Supreme Court in the case, Marbury v. Madison, 1803---clearly articulated the intent of the framers by placing the power of judging the laws of the nation with the Supreme Court---in the process known as JUDICIAL REVIEW****
Comments from people at the time and historians later:
Jefferson’s Kentucky Resolution contained the germ of nullification and secession…Jefferson was for outright rebellion against the Federal Government and set forth a radical doctrine of STATES RIGHTS that undermined the Constitution.”
George Washington---never spoke to Jefferson again
“Hypocrites at best, Traitors at worst…in their own self-Interest… supporting Southern Slave owners fear of the Federal Government becoming too powerful…powerful enough to ban slavery.”
“As the Election of 1800 approached they were campaign documents---dangerous and irresponsible… a rhetoric for rebellion.”
FEDERALISTS V. DEMOCRATIC REPUBLICANS see chart*** p. 208 “comparison” between the parties…
Hamilton as the party leader of the Federalists advocated rule by the “aristocracy of merit,” men of property.
A strong Federal/National Central Government with states as subordinate…(elastic clause=implied powers) Loose interpretation of the Constitution