Chapter 9: the Confederation and the Constitution, 1776 1790
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Chapter 9: The Confederation and the Constitution, 1776 – 1790 p. 166 – 187
- Revolution not revolution in sense of radical or total change – was accelerated evolution rather than outright revolution – WHY? o During war, people worked, prayed, married, played o Many not seriously disturbed o Isolated communities hardly knew - striking changes were ushered in: o affected social customs, political institutions, ideas about society, gov’t, gender roles o 80k loyalists fled – weakened aristocratic upper crust – paved way for Patriot elites to emerge
In what ways was equality leveled or further polarized? - “All men are created equal” - most states reduce property holding req for vote - ordinary men/women demand to be addressed as Mr./Mrs. - Employers called boss, not master - 1784 – New Yorkers release new IS’s b/c status violated democratic ideals - growth of trade orgs – artisans and laborers - eliminated inheritance laws (primogeniture) - fight for separation of church and state o Anglican church reformed as Protestant Episcopal Church and disestablished everywhere o Fiercest in VA - challenge to slavery o 1775 – Quakers – first antislavery society o 2nd CC called for complete abolition of slave trade – most states respond positively – N states abolish or gradual emancipation . none south of PA . in both N and S, law discriminated against all blacks . barred from property ownership, some jobs, education, interracial marriage - why did not go further in ending slavery – idealism sacrificed to politics o fight over slavery would fracture fragile national unity o “dismemberment of the union would be worse” – Madison - incomplete equality for women o some served in military disguised as men o Abigail Adams – women’s revolution o Republican ideology “civic virtue” – democracy depends on unselfish commitment of citizen to public good . Republican motherhood – cultivate habits of virtuous citizenry . Keepers of nations conscience . Womens ed opportunities improve b/c educated wives better cultivate virtues demanded by republic
What did many state constitutions have in common? - 2nd CC called on colonies to draft new cons – actually asking colonies to summon themselves into being as new states - sovereignty of new states would rest on authority of the people o Mass – innovation in calling for special convention to draft con, then submitted final copy to people – once adopted in 1780, only changed by another special convention – imitated by federal con - similarities made drafting US con easier - B tradition – con not written doc, but accumulation of laws, customs, precedents - A’s try something different - Doc’s were contracts that define powers of govt, drawn from authority of people o Intended to represent a fundamental law superior to ordinary legislation o Most include BoR, guaranteeing liberties against legislative encroachment o Most had annual election of legs – forced to stay in touch o Deliberately weak E and J branches – distrust of despotic govs and arbitrary judges o In all, legs given sweeping powers - democratic character of state legs reflected by presence of many members from recently enfranchised poorer western dists – influence felt in movements to relocate state caps to interior (NH, NY, VA, NC, SC, GA)
What were the economic crosscurrents after the war? - econ changes noteworthy, not overwhelming - states seized former crown lands, many loyalist holdings confiscated and cut up into small farms - economic democracy? – EX: Roger Morris’s estate in NY cut into 250 parcels – make cheap land readily available – “people do not chop off heads so readily when they can chop down trees” - econ problems: o prewar nonimportation agreements and war give sharp stimulus to manufacturing economy o goods formerly imported from B cut off, Yanks make own o still nation of soil tillers o drawbacks of indep: . commerce of B still reserved for loyal parts of empire . US ships banned from B and BWI harbors - new commercial outlets compensate somewhat for loss – US now trade freely with other nations o ventured into Baltic and China seas - general econ picture far from rosy o excess profiteering o state gov’ts borrowed more during war than could ever repay o runaway inflation o avg citizen probably worse off than before o newly rich class of profiteers very conspicuous; once wealthy now destitute o controversy leading to war bred keen distaste for taxes and disrespect for law in general
Why was the start toward union shaky? - rev dumped responsibility of creating and operating new central govt in laps - prospects for creating lasting one far from bright - disruptive forces o departure of conservative Tory (loyalist) element left political system inclined toward experimentation and innovation o hard econ times – bottom in 1786 – B manufacturers flood A markets w/ surpluses – A industries (fledgling) cant compete - Hopeful signs : o 13 basically alike in govt structure o had rich political inheritance from B and self govt o good political leaders – GW, Madison, John Adams, TJ, AH How were the Articles of Confederation created and what were the ideals, pros, and cons about it? - 2nd CC little more than conference of ambassadors – totally w/out constitutional authority - in nearly all aspects, 13 states were sovereign – coined money, raised armies/navies; erected tariff barriers - shortly before indep in 76, congress appoints committee to draft con for new nation – Articles of Confederation – not ratified until 81, less than 8 mos before Yorktown - chief apple of discord – western lands o 6 jealous states (inc PA and MD) – no land beyond Allegheny mts o 7 favored w/ huge acreage o land rich states could sell trans-Allegheny lands and pay off pensions and other war debts o states w/out land would have to tax selves to defray war debts - unanimous approval required for ratification - when land rich states agreed to turn over western claims and Congress pledged to dispose areas for common benefit o also agreed to carve republican states, not colonies, which would be added to union w/ time on complete = w/ others o public lands transferred to central govt were invaluable bond of union . states had to remain in union if were to get share of land sales . west moving pioneers bought farms from fed govt and learned to look to national capital rather than to state capitals - AoC – loose confederation/firm league of friendship o 13 independent states linked together for joint action for common problems (foreign affairs) o Congress was chief agency of govt o No exec branch o Judicial arm left almost exclusively to states o Congress hobbled . Each state 1 vote (68k RI’s had same voice as 680k VA’s) . All bills of importance required 9 states . Amendment must be unanimous (impossible) . 2 crippling handicaps: no power to regulate commerce (left states free to estab different laws about tariffs/navigation could not enforce tax collection program – estab tax quota for each state, asked to contribute share on voluntary basis – lucky to get ¼ of requests
- Congress, national govt, weak on purpose – states suspicious, just won freedom from strong central govt – did not want to yield new freedoms to an American parliament - Natl govt could advise/advocate/appeal, but not command, coerce, or control o Could not act directly upon individual citizens either - proved to be landmark in govt despite weaknesses o were a model for what loose confederation should be o were steppingstone toward Con o outlined general powers of central govt – treaties, postal service o kept alive ideal of union and held states together o without this states would never have consented to Con - troubled times demanded not a confederation but a tightly knit federation o yielding by states of sovereignty to a completely recast fed govt, fed govt would leave states free to control local affairs
How were the new western lands to be divided? - area commonly known as Old Northwest – NW of OH river, E of Mississippi , S of Great Lakes - farsighted pieces of legislation - Land Ordinance of 1785 o Acreage sold and proceeds used to help pay off national debt o To be surveyed before sale, forestalling confusion and lawsuits o Divided into townships 6 mi square, each of whict to be split into 36 sections of one sq mi each o 16th section set aside to be sold for benefit of the public schools o orderly settlement contrasts sharply with chaos S of OH river - Northwest Ordinance of 1787 o Related to governing of Old Northwest o Came to grips w/ how a nation should deal w/ its colonies o Solution was compromise: temporary tutelage, then permanent = o First – 2 evolutionary territorial stages, during which area would be a subordinate of fed govt o When pop reached 60k, might be admitted by Congress as state, w/ all privileges of others o Also forbade slavery, but exempted slaves already present o If had tried to chain new territories in permant subordination, 2nd American revolution would have occurred o Basic principles carry over to other frontier areas
Why did foreign relations remain troubled after the war for independence? - B refused to make commercial treaty or repeal Navigation Laws - Lord Sheffield insists commerce would naturally follow old channels so why beg from A’s - Closed West Indies trade to US – smuggling continues - B agents along N border had chain of trading posts on US soil – maintained fur trade w/ Indians o Used excuse for staying was failure of A’s to honor treaty of peace in regard to debts and loyalists o Main purpose was to curry favor w/ Indians – keep on side of king as barrier against future US attacks on Canada - A’s – demand US use force B’s into line by imposing restrictions on imports to A – but Congress can’t control commerce, states refuse to adopt uniform tariff policy – easy states lower tariffs to attract unfair share of trade - Spain o Also openly unfriendly to US o Controlled mouth of Mississippi o 1784 – closes river to A commerce, threatening West w/ strangulation o also claimed large area north of Gulf of Mexico, inc Fla, granted to US by B’s in 1783 o schemed w/ Indians to hem in Americans east of Apps o S and B together prevented A from exercising effective comtrol over about ½ of total territory - France – demand repayment of money loaned during war; restricted trade w/ West Indies - North Africa – pirates ravaging A’s Mediterranean commerce, enslaving A sailors o B’s purchased protection for own subjects (A’s as colonists enjoyed this shield) – but US too weak to fight and too poor to bribe What were some examples of the social tensions w/in the new nation after the Rev War? - mid 1780’s – requisition system of raising money breaking down – states refuse to pay; interest on public debt piling up; nation’s credit evaporating - states getting out of hand o fights over boundaries o levying duties on goods from neighbors o many printing paper currency - Shay’s Rebellion – Mass 1786 o Impoverished backcountry farmers – many war vets losing farms through mortgage foreclosures, tax delinquencies o Led by Capt Daniel Shays – demanded state issue paper money, lighten taxes, suspend property takeovers o Mass authorities drastic action – raise small army, several skirmishes o 3 Shaysites killed at Springfield, movement collapsed o Shays believed fighting anew against tyranny – condemned to death, but pardoned o Mass Leg passes debtor-relief laws (somewhat confirms TJ’s fear of “democratic despotism” o Outbursts of Shays and other debtors struck fear in hearts of propertied class – began to suspect that Rev created a monster of “mobocracy” – unbridled republicanism o Civic virtue no longer sufficient to rein in self interest and greed - if republicanism too shaky a ground upon which to construct a new nation, stronger central govt would provide needed foundation - conservatives – anxious to safeguard wealth/position, exaggerate seriousness of plight o eager to persuade fellow citizens to amend AoC in favor of strong central govt o poorer states rights people were debtors who feared powerful fed govt would force to pay debts - in general, all agree AoC needed strengthening – differences arose over how goal attained, how max degree of states rights could match w/ strong central govt - luckily, nationwide econ picture brightening before con drafted o some states returning to “sound-money” o prosperity beginning to emerge o by 1789 overseas shipping regained its place What led to a constitutional convention being called that would not just overhaul the AoC, but create an entirely new Constitution? - control of commerce touches off chain reaction - interstate fighting over this intense - 1786 – VA calls for convention at Annapolis – 9 appoint delegates, only 5 show - Alex Hamilton saves convention from total failure by adopting his report to call upon Congress to summon convention to meet in Philly next year to bolster entire AoC - Congress belatedly issues call for convention “for the sole and express purpose of revision” AoC - Every state but RI o All appointed by state legs, members elected by voters who could qualify as property holders – double distillation brought together select group of propertied men o Quorum of 55 from 12 states convene at Philly May 25, 1787 o Smallness facilitates intimate acquaintance and compromise o Held in complete secrecy o Demigods – most lawyers, old hands at con making in own states o GW elected chairman – prestige quiets overheated tempers o BF elder statesman – was talker, so convention assigns chaperones to make sure doesn’t talk too much o James Madison – Father of the Constitution o AH – advocate of super powerful central govt o Most of firey rev leaders of 76 absent – TJ, JA, Paine in Europe; Sam Adams, John Hancock to elected by Mass; Pat Henry declines to serve (states rights advocate) - 55 were conservative, wealthy: lawyers, merchants, shippers, land speculators, moneylenders – no one from poorer debtor groups - 19 owned slaves - avg age of 42 - were Nationalists – preserve and strengthen republic rather than further stirring up popular democracy - wanted firm, dignified, respected govt - believed in republicanism, but sought to protect American experiment from weaknesses abroad and excesses at home - aim to clothe central authority w/ genuine power, especially in controlling tariffs so US could create good commercial treaties from foreign nations - other motives – preserve union, forestall anarchy, ensure security of life/property against dangerous uprisings by mobocracy - above all – curb unrestrained democracy rampant in various states
In what ways is the Constitution a bundle of compromises? - some delegates decide on daring step – completely scrap old AoC, despite instructions from Congress to revise – technically were to overthrow existing govt of US by peaceful means - VA Plan – first pushed forward as framework of the Con o Rep in both houses based on pop – large state advantage - NJ Plan – small states plan - = rep in unicameral congress – feared VA plan would allow stronger states to band together and lord it over the rest - Angry debate lead to deadlock - Great Compromise – o Rep by pop in House o = rep in Senate – 2 o since big states yielded more, appeased by agreeing that every tax bill or revenue measure must originate in House - new Con provided for strong but legally restrained executive in Pres o inspired by Mass, where strong popularly elected gov had suppressed Shay’s Rebellion o broad authority to make appointments to domestic offices o veto power over legislation o as commander in chief, power to wage war, but Congress right to declare - Other compromises o Electoral College – . Large states have ad in first round of pop voting, as states share of electors based on total of sens and reps in congress . Small states gain larger voice if no candidate gets majority of electoral votes and election thrown to HoR where each state gets only one vote - 3/5 Compromise o sectional jealousy – should voteless slave count as a person in apportioning direct taxes and in according rep in HoR o S – yes; N – No o Compromise b/t toal rep and none at all o Slave count as 3/5 of a person - Slave Trade Compromise o Most states wanted to shut off African slave trade o SC and GA protest o Convention decided slave trade continue until end of 1807 (20 yrs) – did as soon as 20 yrs gone o All new state cons, except GA forbid overseas slave trade
In what ways was the new Constitution a safeguard to conservatism? - areas of agreement in convention actually large - economically – saw eye to eye o demanded sound money; protection of private property - politically – in basic agreement o favored stronger govt w/ 3 branches w/ checks and balances o almost unanimous in believing that manhood suffrage democracy was something to feared and fought . erected safeguards against excesses of the mob . Fed judges appointed for life . Powerfule pres elected indirectly by EC . Senators chosen indirectly by state legs . Only in case of ½ of one of the 3 branches – HoR were qualified (propertied) citizens permitted to choose by direct vote - did contain democratic elements o 2 great principles of republicanism . only legitimate govt was one based on the consent of governed . powers should by limited by written con - at end of 17 muggy weeks – 5/25 – 9/17 1787 – only 42 of 55 remianed to sign – 3 refuse – none completely happy w/ result
What was the battle b/t the Federalists and anti-Federalists? - Fathers foresaw acceptance would not be easy - Formidable barrier was unanimous ratification by all 13 – adopted different scheme o When 9 ratify through specially elected conventions, con would become supreme law of land in those states ratifying o Was appeal over the heads of the Congress that called convention o Divided congress submits to the states, w/out recommendation - American people astonished – had been kept so secret –didn’t expect this o Many think that state sovereignty was swallowed up - Federalists vs. Anti-Federalists . AF – motley crew – prominent revolutionaries – SA, PH, Richard Henry Lee Primarily states rights devotees, backcountry dwellers, one horse famrers – poorest classes in general – Saw as ploy by upper crust to steal power from commoners Claim Con to be “gilded trap” Said was antidemocratic State sovereignty submerged, freedoms of individual feopardized by absence of BoR Decried dropping of annual elections for reps, building federal stronghold (DC), creation of standing army, omission of any reference to god, ratification w/ only 2/3 of states . Feds – power and influence – GW, BF Lived in settled areas along seaboard Overall wealthier, more educated, better organized, controlled press
How did the Constitution come to be ratified and adopted? - special elections in various states for members of ratifying conventions – candidates elected on basis of pledges for or against con - 4 small states quickly accept - PA first large state to act - Mass – provided an acid test o If con failed here, entire movement might bog down o Ratifying convention at first had AF majority o Feds gave assuranc3es that first Congress would add BoR – ratification secured - NH – last of needed nine - All but VA, NY, NC, and RI - Document officially adopted June 21, 1788 - VA provided fierce AF opposition o w/ NH ratification, new union was going to be formed anyway o VA couldn’t continue comfortably as independent state - NY also heavily AF o AH, John Jay, Madison – masterly pen series of articles for NY newspapers – The Federalist Papers o Federalsit No. 10 – Madison – most famous – refuted conventional wisdom that was impossible to extend a republican form of govt over a large territory o NY ratifies, realizing state could not prosper apart from union o Also approved 32 proposed amendments - NC, RI change course only after new govt in operation for some months - Last 4 states ratify not b/c wanted to but b/c had to
How is the Constitution a conservative triumph? - militant minority of conservatives engineered peaceful revolution that overthrew the inadequate AoC’s - Majority had not spoken o About ¼ of adult white males, chiefly propertied people, voted for delegates to ratifying conventions o If had been submitted to manhood suffrage vote, would have been defeated - Feds convinced that by setting the ship of state on steady course, could restore econ and pol stability - Conserved the principle of republican govt through redefinition of popular sovereignty o Contended that every branch effectively represented the people o Ingeniously embedded doctrine of self rule in a self limiting system of checks and balances among branches – con reconciled conflicting principles of liberty and order o Elevated ideals of the revolution even while setting boundaries to them Chapter 10: Launching the New Ship of State, 1789 – 1800 p.190 – 209
- A’s regard central authority as necessary evil – to be distrusted, watched, curbed - Finances precarious – revenue trickle, debt mountainous - Trying to build republic on immense scale – no one else attempted or thought possible
Population by 1790 - doubling every 25 - first official census – 1790 – 4 million - 90% rural - all but 5% E of Apps
GW as President - unanimous by EC in 1789 – only one ever unanimous - balanced rather than brilliant – strength of character rather than artful politician - NYC temp capital - Oath of office Apr 30 1789 balcony overlooking wall st. - Estab Cabinet o Con doesn’t mention o Provides pres may require written opinions of heads of exec branch departments - only 3 full fledged dept heads o Sec State – TJ o Sec Treas – A Hamilton o Sec War – Henry Knox
Bill of Rights - unfinished business – many states rat only on basis soon included - proposed 2 ways o con convention requested by 2/3 of states o 2/3 vote of both houses - Madison drafts by self, guides through Congress - Adopted by necessary number in 1791 - Safeguard most precious principles o Religion, speech, press, arms, jury, assemble, petition, cruel and unusual, property seizure - 9th – guard against danger that listing rights would lead to conclusion that were only ones – leaves open possibility of more - 10th – states rights – rights not explicitly delegated or prohibited by fed con to the states or the people - Judiciary Act 1789 o Organized Supreme Court – CJ plus 5 o Fed district and circuit courts o Office of AG o John Jay – first CJ
Alex Hamilton and the Treasury - financial wizard - want to correct economic vexations that crippled AoC - shape fiscal policies to favor rich o would then lend govt monetary and political support o rich get richer, prosperity trickle down - first objective – bolster national credit o urges congress to “fund” all natl debt at par, assume state debts from war o par – pay off debts at face value plus interest – $54 million o enticed people to invest in govt bonds – increase $ o state debts – 21.5 million – proper national obligation since incurred in war o believed assumption would chain states to Fed Chariot – shift attachment ofo wealthy creditors from states to fed govt – support of rich crucial link o states w/ heavy debt happy, small debt not so much . VA no heavy debt, but want DC, so agree to assumption (1790)
Customs Duties, Excise Taxes - national debt to $75 million - AH – Father of National Debt – not worried o Debt as blessing – union adhesive o More people to whom govt owed $, more would be w/ personal stake in success o Made debt an asset - $ to pay debt, interest, run govt? o customs duties – tariff revenues o Protective Tariff – first passed in 1789 . Erect low protective wall around infant industries – couldn’t compete w/ cheaper imports . Needed to build up A manufacturing . Cheered by N commercial interests, booed by S farmers o Excise Tax – few domestic items – notably whiskey – 7 cents/gal . Plentiful on frontier . Easier to distill and carry whiskey over poor roads than the grain itself – also worth more . Would lead to Whiskey rebellion
The Bank of the United States - capstone of AH financial system - model Bank of England - powerful private institution which govt would be major stockholder and where fed Treas would deposit its $ - convenient strongbox - fed funds would stimulate business by remaining in circulation - also print paper $; provide sound/stable national currency - Problem: was it constitutional? o TJ - NO – no specific auth in con . Convinced all powers not specifically granted to cent govt reserved to states . States, not congress, power to charter banks . Strict constructionist – literal interpretation of con o AH – YES – necessary/proper; elastic clause; implied powers . What con did not forbid, it permitted . N and P to carry out powers of govt agencies . Govt explicitly (expressly) empowered to collect taxes and reg trade . In carrying out these functions, national bank would be N and P . Implied powers . Loose constructionist - GW signs into law – support from commercial N; opposition from ag S - Chartered for 20 yrs; $10 million capital, 1/5 owned by fed govt o Stock open to public sale Whiskey Rebellion
- SW PA 1794 - Challenge to new natl govt - Excise tax hurt frontier folk - Whiskey was econ necessity; also used in place of $ - Grain distilled into booze more cheaply transported to eastern markets than bales - Collections come to halt due to violence against - GW alarmed at “self created societies” – summons several state militias to end revolt – 13k - Sent to W PA but found no real revolt – only 3 rebels killed - Consequences – strength of fed govt demonstrated here – command new respect
Political Parties - success in estab financially secure natl govt and crush of Whiskey Rebellion leads many to believe states rights being encroached upon - organized opp to fed authority beginning to build - Natl pol parties unknown in US when GW in office o Had been Whigs/Tories; Feds/Anti – but were factions, not parties o Founders did not envision opposition to govt o Didn’t understand “Loyal Opposition” – seemed to go against natl unity o When TJ and Madison organized opp to Hamiltonian prog, did not anticipate long lived and popular party o 2 Party system existed in US since that time – Chart p. 197 o competition for power indispensable ingredients of sound democracy . loyal opposition balances – makes sure politics never drifts too far out of kilter w/ wishes of people - Hamiltonian’s – Federalists - Jeffersonian’s – Democratic Republicans
French Revolution - 2 parties differences at fever pitch over this - in early stages, upheaval peaceful in F o impose constitutional shackles on Louis XVI o A’s cheered – thought of as second chapter in own rev o Federalists – feared change – hostile to mobocracy o Jeffersonians – very happy - more ominous in 1792 – o F proclaims self republic o Decapitate king in 1793 o Church attacked - Feds in US eye Jeffersonians apprehensively - DR’s – few thousand heads were cheap price to pay for freedom - Becoming worldwide conflict - Franco-American Alliance of 1778 still on books o Was to last “forever” – bound US to help F o DR’s favor honoring alliance . Eager to enter conflict against B . A owed F its freedom o GW/Hamilton . War to be avoided at all costs . US militarily feeble, still poor, politically disunited . GW reasons if can avoid wars in Europe for generation, would be populous and powerful enough to assert strength . Neutrality Proc of 1793 – official neutrality in conflict Warned A’s to be impartial to both B and F Major prop to isolationist tradition Also very controversial – pro F DR’s enraged o Citizen Genet . Rep of F Rep in Charleston . Took upon self to enlist privateers and take advantage of F-A Alliance (DR’s most pop in S) . Believed that Neutrality Proc was not what A’s wanted . Unneutral activity not authorized by F alliance . Also recruited armies to invade Spanish Fla and Louisiana, and Brit Canada . GW demands Genet’s w/drawl from US - technically, A’s did not flout obligation to F-A alliance b/c F never officially called on to honor it - neutrality favored F o prevented B from blockading US coast and cutting off supplies to F WI Problems w/ B - Indians and the fur trade in N - At sea, B ignored A rights as a neutral in F WI - Seized 300 merchant ships in WI o Impressed US seamen into service for B, jailed - DR outcry o A should fight George III again o Should cut off all supplies through nationwide embargo - Feds – resist all demands for drastic action o Econ development depends on trade w/ B
Jay’s Treaty / Pinckney’s Treaty - GW sends CJ John Jay to London in 1794 to avert war - DR’s not happy about this Fed choice - AH secretly supplies B’s w/ details of A’s strategy – feared war w/ B - Jay gets few concessions o B promise to evacuate posts on US soil o Pay damages for seizures of A ships o Did not pledge anything about future seizures, impressments or supplying Indians o Forced Jay to bind US to pay debts still owed to B merchants - unpopular pact vitalizes DR’s o treaty seemed like surrender to B o betrayal of Jeffersonian S o S planters have to pay major share of pre-rev debts o Rich Fed shippers getting $ for seizures - Pinckney’s Treaty o S feared B-A alliance, so strike deal w/ US in 1795 o Opened Mississippi R, handed over Fla
Washington’s Farewell - estab 2 term tradition - Farewell Address in 1796 o Avoid permanent alliances (F-A Treaty); favored temp ones - central govt solid - W expanding - Expanding trade - Kept US out of foreign wars Pres John Adams - who to succeed GW? - AH best known Fed, but fin policies made unpopular - Feds turn to GW’s VP – J Adams - DR’s – TJ - Election of 1796 o Political passions high o Issues of campaign focus on personalities o JA wins by 71-68 in EC o TJ, as runner up, gets VP – fixed by 12th Amend in 1804 - J Adams o Tactless, prickly intellectual aristocrat o No appeal to the masses o Stepped into GW’s shoes, which noone could fill o Hated by AH (resigns SecTreas in 95, heads war faction of Fed party – “High Federalists” o Inherited violent quarrel w/ F
Unofficial Fighting w/ France - F angry over Jays Treaty – thought was step toward alliance w/ B - Also claimed was violation of F-A Treaty of 78 - F began to seize A merchant ships (300 by 97) - Refused to receive A’s new envoy, threatened w/ arrest - JA, avoiding war, tries to reach agreement w/ F, sends 3 men, including John Marshall - Reach Paris in 97, hope to meet Talleyrand, F foreign minister o Secretly approached by 3 go-b/t’s referred to as XYZ o Demanded unneutral loan of 32 million florins o Bribe of $250k just for talking w/ Talleyrand o Bribes were standard practice in Europe, but considered too much for just talk and no guarantee o War hysteria sweeps US – “millions for defense, but not one cent for tribute” o Feds happy, but DR’s hung heads in shame over F behavior - war preps pushed along o Navy dept created, navy expanded, Marine’s reestablished, Army of 10k authorized o Fighting confined to sea – mostly WI – US captures over 80 F vessels, but lose several hundred merchant ships - F wanted no war o Talleyrand realized would only add one more enemy to list o Let A’s know that if sent new minister, would receive w/ respect o A sends 3 envoys to Paris in 1800 o Convention of 1800 . Napoleon Bonaparte recently seized dictatorial power . Eager to free self of A fight so could concentrate on Europe, create New World empire in Louisiana . F agrees to annul F-A treaty; US pays damage claims of A shippers . Ends nations only peacetime military alliance for century and ½ - JA avoids war, smooths path for peaceful purchase of Louisiana 3 yrs later - If A got in war w/ F in 1800, Napoleon wouldn’t have sold on any terms in 03
Federalist Witch Hunt – 1798 - Feds use anti-F frenzy to drive through laws to muffle/minimize DR foes - Naturalization Act 1798 o Most immigrants scorned by Feds o Welcomed by DR’s o Feds Congress raise residence req for aliens to become citizens from 5 yrs to 14 yrs – violates tradition of open door hospitality and speedy assimilation - Alien Act 1798 o Pres empowered to deport dangerous foreigners in peace and deport or imprison during hostilities o Arbitrary grant of exec power contrary to A tradition and spirit of con (were never enforced) - Sedition Act 1798 o Direct slap at speech and press o Anyone who impeded policies of govt or falsely defamed officials, liable to heavy fine/imprisonment – trying to curb unrestrained verbal violence o Many DR editors indicted under act, 10 brought to trial, all convicted by packed juries and Fed judges o Seemed unconstitutional, but SC (dominated by Feds) weren’t going to do anything about it o Feds intentionally wrote law to expire in 1801, in case lost last election o Attempt by Feds to crush free speech and silence opposition party – made many DR converts
VA and KY Resolutions - DR response to Alien and Sedition Laws - If feds can choke free speech/press, could wipe out others - To avoid pros for Sedition, TJ secretly writes resolutions which KY leg approves in 98-99 – J Madison does similar in VA in 98 - Argument – 13 states entered into contract w/ fed govt regarding jurisdiction o Nat govt was the creation of states, therefore, individual states were final judges of whether fed govt broke contract by overstepping authority granted o Concluded that fed govt exceeded con powers o w/ regard to Alien and Sedition, “nullification” or refusal to accept them was right o no other state legs fell in step o feds argue that people made contract and was up to SC, not states, to nullify uncon legis (practice adopted by SC in 03) - VA/KY Res – extreme states rights view regarding union - Later used by S to support nullification and secession - Resolutions were campaign docs designed to crystallize opposition to Fed party and unseat in election of 1800
Feds vs. DR’s - Feds o most feds of pre-Con period became Feds in 1790’s o welded by AH o advocated rule by the best people o John Jay – “Those who own the country ought to govern it” o Distrusted full blown democracy o Strong central govt w/ power to crush democratic excesses o Protect lives/estates of wealthy o Subordinate states o Promote foreign trade o Govt support private enterprise but don’t interfere w/it o Merchants, manufacturers, shippers along Atlantic seaboard o Loose constructionist
- DR’s o Frontier o TJ – master political organizer, ability to lead o Middle class, underprivileged – dirt farmers, laborers, artisans, small shopkeepers o TJ – should have been Fed (by one set of tests) – was VA aristocrat, slave owner, lived in mansion (Monticello) o Sympathy for the common people o Democratic-Republicans, aka Jeffersonian-Republicans o Weak central govt – best govt was one that governed least o Bulk of power to states – people could keep eye on elected – otherwise, dictatorship might develop o Strict interpretation – strict constructionist o National debt to be paid off o Primarily agrarians – ag was favored branch of economy o No special privileges for special classes o Most followers from S and SW o TJ – rule by the people, but not all people – only men literate enough to inform selves – universal education before universal suffrage – ignorant incapable of self govt o Landlessness threatened democracy – feared propertyless dependents become political pawns in hands of landowning superiors – slavery would fix this – system of slave labor ensured white yeoman farmers remain independent landowners o w/out slavery, poor whites would have to provide cheap labor, low wages would preclude from owning property o TJ – championed free speech - Foreign policy differences o Feds – outward and eastward . Build strong national state to assert/expand A’s commercial interests . Foreign trade (esp w/ B) was key o DR’s – pro-French . Support liberal ideals of F Revolution . Faced inward and westward . Protect/strengthen democracy at home rather than flex A’s muscles abroad Chapter 11: The Triumphs and Travails of the Jeffersonian Republic 1800 – 1812 p. 211 – 232
- election of 1800 – first in which Feds and DR’s function as 2 national political parties – Adams v. Jefferson o Adams – strong central govt, public order o Jefferson – agrarian purity, liberty, states rights
Federalist and Republican Mudslingers - Feds labor under handicaps o Alien, sedition acts made many enemies o Hamiltonian wing of fed party split w/ Adams o Most damaging to feds was refusal of Adams to give them fight a/ France o War preps created debt; required new taxes (stamp) - Feds concentrate fire on TJ o Accused of robbing widow of trust fund o Father of many mulatto children o Liberal in religion
Jeffersonian Revolution of 1800 - TJ wins 73-65 in EC - Bulk of strength in S and W - 3/5 compromise key to victory - Technicality: o TJ and Burr (VP running mate) got same number of EC votes for pres o Under Const – tie broken in HoR o HoR controlled at time by lame duck Feds who preferred Burr o `deadlock broken when few Feds hoping for moderation from TJ, refrained from voting o TJ wins; Burr VP o Possibility of another tie removed by 12th Amend - Adams was last Fed pres - TJ claomed election of 1800 was revolution o In truth narrowly squeaked throough o Meant that election represented a return to spirit of the Revolution o Mission to restore the republican experiment, check growth of govt power, halt decay of virtue o Transfer of power was revolutionary too . Peaceful and orderly based on election whose results all parties accepted
Responsibility Breeds Moderation - TJ inaugurated 03/03/1801in nations new capital – DC - Walked instead of rode - Address statement of democratic principles o The will of the majority is in all cases to prevail, but that will to be rightful must be reasonable o Sought to allay fed fears o Pledged honest friendship with all nations, entangling alliances with none - TJ forced to reverse many political principles he had championed o 2 TJ’s . scholarly private citizen . harassed public official discovered book theories worked out differently in real world was consistently inconsistent - Victory of DR’s and eviction of Feds was first party overturn in history - Feds feared that DR’s would grab all spoils of office for selves o TJ – moderation . Dismissed few for political reason - TJ relies on personal charm – was able politician – had to be o Party weak jointed . TJ wouldn’t allow for patronage, so DR’s could not build loyal following . Opposition to Feds was chief glue . As Feds faded, so did DR unity Jeffersonian Restraint - TJ determined to undo Fed abuses o Alien/Sedition acts expired; pardoned martyrs o Reversed Naturalization law back to 5 years from 14 - TJ removed only 1 prop of Hamiltonian system – excise tax o Persuaded congress to repeal o Devotion to principle cost fed govt about a million/year - did not tamper w/ Federalist programs for national debt, assuming state debts; left Bank of US alone; kept protective tariff - showed change of regime need not be disastrous for defeated group
Dead Clutch of Judiciary - Judiciary Act of 1801 o Lase important laws passed by leaving Federalist Congress o Created 16 new federal judgeships o Called “midnight judges” due to Adams signing commissions late in the day o Aroused bitter resentment – packed lifetime posts w/ anti-Jefferson judges o Jeffersonians condemned, denouncing as open defiance of peoples will o Newly elected DR congress repeals, thus removing the 16 judges o Also wanted to go after CJ Marshall (cousin of TJ, shaped US legal tradition more than any other) . Served at Valley Forge . Made aware of drawbacks of weak central govt – became lifelong federalist – committed to strengthening fed govt - Marbury v. Madison o William Marbury – one of 16 midnight judges o Sued Sec State Madison for reinstatement o Marshall knew that TJ’s admin would not enforce ruling to replace Marbury, so dismissed suit o Marshall did snatch victory from ruling . Part of Judiciary Act of 1789 on which Marbury tried to base appeal was unconstitutional . Said that act had attempted to assign to SC powers that the Constitution had not forseen . Until this ruling, controversy over who had final authority to determine meaning of the Constitution . Ruling established principle of “Judicial Review” – idea that SC alone had last word on question of constitutionality - decision sparks DR’s to seek revenge o TJ urged impeachment of SC justice Smauel Chase o Charges voted in HoR in 1804, sent to Senate for ruling o Indictment based on “high crimes and misdemeanors” o Evidence plain that judge not guilty of these but only of unrestrained partisanship and big mouth o Senate doesn’t get enough votes to convict o Precedent established that still no really serious attempt been made to reshape SC by using impeachment weapon
Jefferson, a Reluctant Warrior - one of first actions to reduce military to 2500 - US would set example to world, winning friends through “peaceful coercion” - Believed large standing armies lead to dictatorships - Pirates in North Africa made him change tune o Had to pay off North African countries to prevent pirating – protection money o Tripoli not happy with share, unformally declare war on US o TJ forced to send Navy – 4 years of fighting later, got treaty from Tripoli in 1805 – only $60k - creates navy of 250 small gunboats – Jeffs or Mosquito fleet
The Louisiana Godsend - in secret pact in 1800, Napoleon convinces King of Spain to cede to France trans- Mississippi region of Louisiana including New Orleans - 1802 – Spanish in New Orleans w/drew right of deposit guaranteed America by Pinckneys Treaty o deposit (warehouse) privileges vital to farmers who floated produce down river to wait for oceangoing ships - TJ again in middle o Louisiana under Spanish no threat; but in hands of Napoleon foreshadows dark future o Early 1803 – sent James Monroe to Paris to meet w/ Robert Livingston o Instructed to buy New Orelans and whatever else for $10 million o If proposals fail, negotiations to be opened w/ Britain for alliance o Napoleon suddenly decides to sell all Louisiana and abandon New World o 2 developments prompt change . failed to reconquer sugar island of Santo Domingo – Louisiana was going to be used to supply Santo Domingo, so no need for Louisiana . Napoleon about to begin fighting w/ Brits again – rather than drive Americans into arms of B’s, decided to sell to A’s, pocket $ and use for schemes at home o French minister surprises Livingston and asks how much for all of Louisiana o April 30, 1803 US gets Louisiana for $15 million - TJ startled – was different than planned – New Orleans plus immeasurable tract entirely to west that would more than double size of US - TJ’s reservations about purchase o Strict constructionist vs. democratic visionary o Where in const was pres authorized to negotiate treaties incorporating huge new expanse into union – but also perceived that vast domain could form sprawling empire of liberty o Privately proposed that const amend be passed o If did this – would take too long and Napoleon might back out o TJ submits treaties to Senate – pass quickly o US gets 828k sq mi for about 3 cents/acre
Louisiana in the Long View - deal w/ Napoleon epochal - avoided rupture w/ France and entanglilng alliance w/ England; secured western ½ of richest river valley in world; laid foundations for future expansion; ideal of great agrarian republic could be realized - estab valuable precedents for future expansion – acquisition of territory by purchase and incorporation as = states - isolationist principles – removed last remnant of significant European power, US at liberty to disengage from Old World rivalries - Explorations o 1804 – Lewis and Clark, aided by Sacajawea o 2 ½ yr o scientific obs, maps, knowledge of Indians, great plains animals o demonstrated viability of overland trail to Pacific
The Aaron Burr Conspiracies - Louisiana purchase expanded fortunes of US and power of fed govt in long run - In short term, vast expanse and feeble govt raised fears of secession and foreign interference - Aaron Burr o TJ’s first term VP o Brings fears of vast territory and weak gov’t to light o Joined w/ Federalist extremists to plot secession of New England and NY during War of 1812 o Hamilton exposed plot and foiled conspiracy o Burr challenged Hamilton to duel; kills Hamilton o Burr turns disunionist plottings to trans Mississippi west o Teams up w/ gov of Louisiana Territory James Wilkinson o Plan to separate western part of US from east and expand new confederacy w/ invasions of Mexico and Florida o Wilkinson betrays Burr after finding out that TJ got word of plan o Burr arrested, tried for treason o Marshall insists guilty verdict required proof of overt acts of treason, not just treasonous intentions o Burr flees to Europe o Demonstrated was one thing for US to purchase territory, but another for it to govern effectively
A Precarious Neutrality - TJ reelected in 1804 – 162-14 against Fed opponent - Successes of first term wither under new European struggles - Napoleon begins 11 year long war w/ Britain - US enjoyed commercial success as neutral nation (shipping) - Setback in 1805 o Britain supreme on the seas o French supreme on the land o Were unable to hurt each other directly, so struck indirect blows o London 1806 – Orders in Council . Closed European ports under French control to foreign shipping, including US – ships forced to first stop at British ports o Napoleon – orders seizure of all merchant ships, including US that enter British ports o No way to trade w/ either w/out facing others guns o US caught in middle o Worse was Impressment – seizing American seamen and forcibly enlisting into British navy . 6k US citizens impressed by Britian from 1808-11 . 1807 – Brits take US frigate Chesapeake just 10 miles off coast of VA captain demands surrender of 4 alleged deserters London never claimed right to seize sailors from foreign warship – American commander refused Fired on US ship, killed 3, wound 18, 4 deserters taken . Britain clearly wrong, London admits
The Hated Embargo - National honor at stake for US, but large scale foreign war contrary to policy of new Republic (also futile) - Warring nations depended on US for raw materials, food - TJ seizes upon fact, reasons that if US cut off exports, offending powers forced to respect US rights - Embargo Act of 1807 o Forbade export of all goods from US, whether in US or foreign ships o Idea of “peaceful coercion” o If worked would reinforce rights of neutral nations, point to new way of conducting foreign affairs o US economy ends up staggering under embargo long before B or F bend . Docks and harbors deserted . Soup kitchens for hungry . Farmers in S and W mounting surpluses of cotton, grain, tobacco . Seemed like TJ warring against fellow citizens . Illegal trade along Canadian border o Embargo had reviving effect on Federalist party o New England seethes w/ talk of secession o Public anger prompts congress to repeal on 3/1/09 o Substitute w/ Non-Intercourse Act . Reopen trade with all nations except B and F . Economic coercion continued to be policy of DR’s until war of 1812 - Why did the embargo not work? o Determination of British o Overestimation of dependence of B and F on US trade o British bumper crops – good harvest o Latin American republics open ports for commerce o Napoleon could afford to go w/out US trade o More critically – TJ miscalculates unpopularity of embargo and difficulty of enforcing it - How did New England somewhat prosper during embargo? o Yankees reopen old factories, built new ones o Foundations of US’s industrial might laid behind protective wall of embargo
Madison’s Gamble - TJ leaves presidency after 2 terms - Strongly favors James Madison – takes office 3/4/09 - Was cripples as pres by factions w/in DR party and cabinet - Non-Intercourse Act of 1809 due to expire in 1810 o Congress dismantles completely with Macon’s Bill No. 2 - Macon’s Bill No. 2 o Would reopen US trade w/ all the world o If either B or F repealed its commercial restrictions, US would restore its embargo against the nonrepealing nation o Napoleon sees chance . August 1810 – French decrees might be repealed if Britain also lifted its Orders in Council . Napoleon has no intention of permitting unrestricted trade b/t US and B . Hoped to maneuver US into resuming its embargo against B, creating a partial blockade against his enemy - Madison knew better than to trust Napoleon o Still accepts French offer, under terms of Macon’s Bill gives British 3 months to revoke Orders in Council and reopen Atlantic to neutral trade o British do not . Were in control of seas, so little need to bargain . As long as war w/ France went on, US could trade exclusively w/ British or w/ nobody at all . Madison’s gamble fails – no choice but to reestablish embargo against B alone . Meant end of US neutrality
Tecumseh and the Prophet - Not all DR’s reluctant to fight - 12th Congress different from predecessor o elections swept away older “submission men”, replaced w/ young hotheads from S and W called “War Hawks” – on fire for new war w/ old enemy o hated impressments of US sailors, British Orders in Council o also wanted to wipe out renewed Indian threat to pioneers moving into trans- Allegheny wilderness - Tecumseh and Tenskwatawa (the Prophet) o Shawnee brothers o Conclude to stem tide of westward movement o Weld confederacy of tribes east of Mississippi inspiring Indian unity and cultural renewal o Urged supporters never to cede land unless all Indians agreed . Gave up American clothing, alcohol - War Hawks convinced British in Canada were supplying Indians - 1811 – William Henry Harrison – gov of Indiana territory gathers army and advances on Tecumseh’s HQ o Tecumseh absent, but Prophet attacks and are defeated o Battle of Tippecanoe makes Harrison national hero o Also drove Tecumseh into alliance w/ British
Mr. Madison’s War - Spring 1812 – Madison believes war w/ B inevitable - B arming Indians, cries of war hawks in own party - Only way to remove Indians was to wipe out Canadian base, destroy Brits there - Above all, Madison turns to war to restore confidence in the republican experiment o Only vigorous assertion of US rights could demonstrate viability of US nationhood, and of democracy as form of govt o Must fight to protect itself so as not to be discredited in eyes of skeptical world - Madison asks Congress to declare war 6/1/1812 o Congress OK’s 2 weeks later o HoR: 79 to 49 for; Senate: 19 to 13 for o Close vote reveals deep divisions over wisdom of fight o Split was sectional and partisan o Support for war from S and W, but also from DR’s in populous middle states (PA and VA) o Federalists in N and S against – but Federalist stronghold in New England o Why would seafaring New England be against a war to reopen free seas? . Feds in New England sympathize w/ Brits and resent DR’s sympathy w/ Napoleon . Feds also opposed acquisition of Canada – would add more agrarian states, increase strength of DR’s . Bitterness of Feds in New England against war led to treason or near treason Wealthy lent more $ to Brits than to US treasury Fed farmers sent supplies, food to Canada, enablilng B armies to invade NY New England governors refuse to permit militia to serve outside own states - not much hope for victory, but by 1812, DR’s saw no other choice Chapter 12: The Second War for Independence and the Upsurge of Nationalism 1812 – 1824 p. 233 – 254
On to Canada Over Land and Lakes - see chapter study guide for this section Washington Burned and New Orleans Defended - see chapter study guide for this section
The Treaty of Ghent - Tsar Alexander I of Russia proposes mediation b/t A and B o Was B ally o Russia fighting against F, want B to stay strong in Europe o Set in motion machinery that brings 5 US peacemakert to Ghent, Belgium 1814 - B – confident after military successes against US made demands for neutral Indian buffer state in Great Lakes area, control of Great Lakes, control of much of Maine - A’s – reject – news of B defeat in NY and Baltimore make B willing to compromise - Treaty of Ghent – 12/24/14 o Both agree to stop fighting, restore conquered territory (essentially armistice) o No mention of US grievances: Indians, search and seizure, Orders in Council, impressments, confiscations o Proof that US not managed to defeat B o Treaty negotiations, like the war, ended as virtual draw
Federalist Grievances and the Hartford Convention - NE prospered during conflict – illegal trade, absence of B blockade - Federalist opposition to war strong – extremists become more vocal - Small minority propose secession from Union, or separate peace w/ B - Hartford Convention o Manifestation of Federalist discontent o Massachusetts called for convention at Hartford, CT o Mass, CT, RI, NH, VT send delegates – meet in complete secrecy o Final report, demanded financial assistance from Washington to compensate for lost trade . Also const amend requiring 2/3 vote in Congress before embargo could be imposed, new states admitted, war declared . Demands reflect Fed fears that NE falling subservient to agrarian S and W . ALSO: abolish 3/5 Compromise, limit pres to 1 term, prohibit election of 2 successive presidents from same state (end “Virginia Dynasty” - 3 members take demands to Washington o arrive just in time to hear that war was over w/ Treaty of Ghent o realize demands now no longer mattered - Hartford resolutions death dirge for Fed party – never again have successful pres campaign The Second War for American Independence - War of 1812 small – 6k A’s killed/wounded – but had huge consequences for US o Showed would resist what it regarded as wrongs o Other nations give respect for US’s fighting power o New nation welded together . Sectionalism – identified w/ discredited Feds, dealt black eye – war revealed folly of sectional disunity o war heroes eventually become pres – Jackson, Harrison o Indians abandoned by B in Treaty of Ghent, forced to cede vast areas of land o Manufacturing – prospers behind B blockade – industries stimulated by fighting makes US less dependent on imports o Canadian patriotism/nationalism – betrayed by Treaty of Ghent . 1817 – Rush-Bagot treaty limits naval armament on Great Lakes brings down border fortifications by 1870’s US/Canada come to share worlds longest unfortified boundary 5527 miles long o US can now look toward untamed west and building democracy
Nascent Nationalism - Nationalism – most impressive by-product of War of 1812 - Spirit of nation-consciousness or national oneness - Birth of distinctly national literature o Washington Irving o James Fennimore Cooper o School textbooks o Magazines - revived Bank of the United States – 1816 - national capital rebuilt - army/navy expanded
The American System - nationalism in manufacturing – during war grew quickly as result of embargo/blockades - after 1815, B competitors dump huge surpluses on US, cutting prices way below cost to strangle American manufacturing – US manufacturers calling for protection - Tariff of 1816 o Nationalist congress response to protect US industry o First tariff in US history instituted primarily for protection, not revenue o 20-25% of value of imports o not high enough to fully protect, but beginning of protective trend that stimulates desire for more protection - Henry Clay and the American System o Plan to create profitable home market, 1824 o 3 main parts . strong banking system to provide easy and abundant credit . protective tariff to help eastern industry – revenues used to fund third part . network of roads and canals, esp in Ohio Valley – to carry food/raw materials from S and W to the N and E; in exchange, manufactured goods flow in return direction – knit country together economically and politically - Federal $ for roads/canals stumbles on Republican constitutional scruples o Congress – 1817 – votes 1.5 million to states for internal improvements o Madison vetoes as unconstitutional o Individual states forced to venture ahead w/ construction programs of own (including Erie Canal) o DR’s choke on idea of direct fed support of intrastate internal improvements o NE opposed b/c roads/canals would drain away population, create competing states The So-Called Era of Good Feelings - Election of 1816 goes to James Monroe – continuation of VA Dynasty - Last election in which Federalists run candidate - Monroe wins 183 – 34 – crushed opponent - Left field to DR’s and one party rule - James Monroe o Experienced, levelheaded executive o Talent for interpreting popular will o Nationalism cemented by goodwill tour of country o Even in Federalist NE received warm welcome – Boston Newspaper announces “Era of Good Feelings” - Era of Good Feelings somewhat misnamed o Tariff issues o Bank o Internal improvements o Sale of public lands o Sectionalism crystallizing o Conflict over slavery emerging
The Panic of 1819 and the Curse of Hard Times - economic panic brings deflation, depression, bankruptcies, bank failures, unemployment, soup kitchens, debtors prisons - first national panic since GW took office - overspeculation in frontier lands largest factor o wildcat banks in W overextending credit – giving out too much, not getting paid back o Bank of the US – forced wildcat banks to foreclose mortgages on many farms . Legal, but politically unwise . Western debtor sees US bank as evil - inhumanity of imprisoning debtors brought to light – was something fought against when we made the break w/ England
Growing Pains of the West - 9 frontier states joined original 13 b/t 1791-1819 - to preserve N-S sectional balance, most admitted alternately (free/slave) - why explosive expansion? o Continuation of west moving tradition o Cheap land – especially sought by European immigrants o Land exhaustion (tobacco) o Economic distress during Embargo years o Crushing of Indians o Building of highways (Cumberland Road) o Steamboat transportation o Canals - west still weak in population and influence - strengthens self by allying self with other sections - demand cheap acreage – Land Act of 1820 o buyer can purchase 80 acres at minimum of $1.25/acre in cash
Slavery and the Sectional Balance - sectional tensions b/t slave south and free north over control of west - 1819 – Missouri o asked for admission as slave state o met pop requirements, but HoR passes Tallmadge Amendment . stipulated that no more slaves to be brought into Missouri and provided gradual emancipation of children born to slave parents - Southerners see Tallmadge amend as threat to sectional balance o 1788 – N and S close in wealth and population o every decade after sees N becoming wealthier and more populated o N majority in HoR o In Senate, each has 2 votes – w/ 11 free and 11 slave, S maintains = in Senate – were in position to thwart N efforts to interfere w/ slavery o Missouri first states entirely west of Mississippi to be carved out of Louisiana Purchase o Tallmadge amendment might set damaging precedent for rest of area o Also thought – if Congress can abolish it there, might attempt to do same in older states
The Uneasy Missouri Compromise - deadlock over Missouri broken in 1820 - Missouri Compromise of 1820 o Bundle of 3 compromises o Congress agrees to admit Missouri as slave state o Maine (which had been part of Massachusetts) admitted as free state – balance b/t N and S kept at 12 states each for 15 yrs o Future slavery prohibited in remainder of Louisiana Purchase north of 36 30 (southern boundary of Missouri) - South o Won Missouri as unrestricted slave state - north o won concession that Congress could forbid slavery in remaining territories o huge area North of 36 30 forever closed to slavery (slaveowners don’t care b/c land not suited to slave labor) - Compromise lasts 34 years - Ever after this, slavery issue could not be ignored – Missouri Compromise only ducked question of slavery, didn’t resolve it - Even with compromise and panic, Monroe still very popular o Election of 1820 – takes every electoral vote except one o Only president to be reelected after a term in which major financial panic began
John Marshall and Judicial Nationalism - nationalism reinforced by SC - John Marshall still CJ - Decisions to bolster power of fed govt at expense of states rights o McCulloch v. Maryland 1819 . Attempt by state of Maryland to destroy branch of the Bank of the US by imposing tax on its notes . JM declared Bank of US constitutional by doctrine of implied powers . Denied right of Maryland to tax the bank – states cannot tax a function of the national govt . Ruling gave doctrine of loose construction most famous formulation . Constitution derived from consent of people and thus permitted govt to act for their benefit . “let the end be legitimate, let it be within the scope of the constitution and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution” o Cohens v Virginia 1821 . One of Marshall’s best opportunities to defend fed power . Gave Supreme Court right to review decisions of the state supreme courts in all questions involving powers of the fed govt o Gibbons v. Ogden 1824 . Steamboat case . State of NY tried to grant private company a monopoly of waterborne commerce b/t NY and NJ . Marshall reminds state that Constitution granted Congress alone control of interstate commerce . Struck blow to states rights, upheld powers of fed govt Marshall and Property Rights - Fletcher v. Peck 1810 o Georgia legislature grants 35 million acres to private speculators o After next election, new legislature cancels contract o SC decreed that the original legislative grant was a contract and that the constitution forbids state laws impairing contracts o One of earliest clear assertions of right of the SC to invalidate state laws conflicting w/ constitution - Dartmouth College v. Woodward 1819 o College was granted charter by King George III in 1769 o New Hampshire state legislature tried to change charter o School appealed case o Marshall put states in their place – original charter must stand o Charter was a contract o Decision had fortunate effect of safeguarding business enterprise from domination by the state govts o Unfortunate effect of creating precedent that enabled chartered corporations to escape public control - Marshalls decisions felt today o Stabilized federal union and created uniform environment for business o Checked excesses of popularly elected state legislatures o Shaped constitution along conservative, centralizing lines
Sharing Oregon and Acquiring Florida - nationalism in foreign policy - Treaty of 1818 w/ Britain o Negotiated by Monroe admin o Permitted A’s to share Newfoundland fisheries w/ Canadians o Also fixed vague northern lilmits of Louisiana along the 49th parallel from Minnesota to the Rockies o Also provided for 10 year sharing period of Oregon Country - Spanish Florida o A’s believed was destiny to acquire the rest of Florida o Already had west Florida, but bulk remained w/ Spain o Several revolutions break out in South America o Upheavals force Spain to strip Florida of troops to put down revolutions o Andrew Jackson sees opportunity - gets permission to enter Spanish territory under pretext he is trying to capture runaway slaves . Early 1818 swept in, hangs 2 indian chiefs, executes 2 B’s, seizes 2 Spanish posts . Exceeded his instructions, Monroe wants him punished\ . John Quincy Adams disagrees, uses opportunity to take offensive , demand concessions from Spain o Florida Purchase Treaty 1819 . Spain cedes Florida, plus any Spanish claims to Oregon . US abandons claims to Texas . Vague western boundary of Louisiana runs zigzag along Rockies to 42nd parallel then turns due west to Pacific
The Menace of Monarchy in America - after Napoleon gone, monarchs in Europe band together in somewhat protective association - determined to restore good old days, stamp out democratic tendencies - rumored to be sending powerful navies/armies to revolted colonies of Spanish America to restore Spanish kings rule - Americans alarmed – feared is European powers intervened in New World, cause of republicanism would suffer - Physical security of US endangered by proximity of unfriendly forces - Russians also pushing S from Alaska down to coast of present day British-Columbia - Britain – actually decides to stay out of this o August 1823 – George Canning – Gritish foreign secretary approaches American minister in London o Wants to make joint declaration renouncing interest in acquiring Latin American territory and warning European despots to keep hands off Latin American republics
Monroe and His Doctrine - Secretary Adams wary of B’s offer - B’s fear A’s would one day seize Spanish territory in Americas, would jeopardize B’s possessions in Caribbean o If B’s could seduce US into joining in support for territorian integrity of New World, A’s own hands would be tied o Self denying alliance would hamper A expansion, and was unnecessary o European powers had no definite plans for invading Americas o B navy would prevent European hostile fleets b/c South American markets needed for B merchants - Monroe Doctrine 1823 o In annual message to Congress, Monroe incorporates stern warning to European powers o 2 basic features: . noncolonization – era of colonization in A’s had ended – what powers had they can keep, but no one can acquire more . nonintervention – warning against foreign intervention – directed European monarchs to keep systems out of hemisphere
Monroe Doctrine Appraised - monarchs angered by offended by Monroe’s declaration, but found their hands tied - warning made little splash in newborn republics in South America o all could see US only secondarily concerned about neighbors, primarily concerned about defending self against future invation o Latin Americans knew that British navy, not Monroe stood b/t them and hostile Europe - doctrine had little contemporary significance – didn’t become national dogma until 1845 (Polk) - even before doctrine announced, Russia backs off o Russo-American Treaty of 1824 – fixes Russia’s southernmost boundary at the present southern tip of Alaska - Doctrine more accurately called Self-Defense Doctrine - Was never law, domestic or international - Was not a pledge or agreement - Was simple, personalized statement of policy of Monroe - Proved to be most famous of all long lived offspring of nationalism - Gave voice to spirit of patriotism - Simultaneously deepened illusion of isolationism - A’s falsely concluded that US insulated from European dangers simply b/c it wanted to be and Monroe warned them to stay away