The Federalist Presidential Administrations

(1789-1801) The First Electoral College

As of December 15th, 1788, 11 of the Original Thirteen States had ratified the Constitution (Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York) and thus were eligible to select Electors for the election of the First President of the United States. Sixty-Nine electors were appointed from 10 states (New York failed to appoint electors in time) Breakdown of the First Electoral College State # of Electors How Appointed state divided into electoral districts and electors Delaware 3 elected by public in districts Pennsylvania 10 elected by voters statewide New Jersey 6 Appointed by State Legislature Georgia 5 Appointed by State Legislature Connecticut 7 Appointed by State Legislature 2 chosen by state legislature, rest chosen from Massachusetts 10 leading vote receivers in each Congressional District Maryland 6 elected by voters statewide South Carolina 7 Appointed by State Legislature New Hampshire 5 elected by voters statewide state divided into electoral districts and electors Virginia 10 elected by public in districts Appointed by State Legislature (but the New York 0 Legislature was deadlocked, and so no one was chosen in time) The First Election

Electors voted for two individuals on the ballot (for 138 total votes cast), and with no campaigning, the electors could vote for whomever they felt would do a good job in this unprecedented position. The results were as follows: (Va.), 69 votes (Mass.), 34 votes John Jay (NY), 9 votes Robert Harrison (Md.), 6 votes John Rutledge (SC), 6 votes John Hancock (Mass.), 4 votes *George Clinton (NY), 3 votes Samuel Huntington (Ct.), 2 votes John Milton (Ga.), 2 votes James Armstrong (Ga.), 1 vote Benjamin Lincoln (Mass.), 1 vote *Edward Telfair (Ga.), 1 vote (* denotes Anti-Federalist) The First Congress

• The first US Senate sat 22 Senators (20 Federalists and 2 Anti-Federalists) • The first House of Representatives sat 59 Representatives (48 Federalists and 11 Anti-Federalists) • Congress was supposed to meet for the first time at Federal Hall in NYC on March 4th 1789, but due to travel difficulties, the first Congress sat in session for the first time in April 1789 (the House on April 1st with the first order of business being the election of Frederick Muhlenberg of Pennsylvania as the first Speaker of the House, and the Senate on April 6th with the first order of business being the election of John Langdon of New Hampshire as the first President pro tempore of the Senate) Election Certification and Inauguration

• With both Houses meeting in legal session on April 6th, the Congress certified the election of George Washington as the first President of the US and John Adams as the first Vice President • On April 30th, George Washington was Inaugurated as the First President of the United States (Chancellor of New York Robert Livingston administered the oath of office) Washington’s Inauguration Washington’s First Inauguration Fellow Citizens of the Senate and the House of Representatives. . . . On the one hand, I was summoned by my Country, whose voice I can never hear but with veneration and love . . .On the other hand, the magnitude and difficulty of the trust to which the voice of my Country called me ...... [I]t would be peculiarly improper to omit in this first official Act, my fervent supplications to that Almighty Being who rules over the Universe . . . No People can be bound to acknowledge and adore the invisible hand, which conducts the Affairs of men more than the People of the United States...... [T]hat the foundations of our National policy will be laid in the pure and immutable principles of private morality; and the pre-eminence of a free Government, be exemplified by all the attributes which can win the affections of its Citizens, and command the respect of the world. . . .[I]t will remain with your judgment to decide, how far an exercise of the occasional power delegated by the Fifth article of the Constitution is rendered expedient at the present juncture by the nature of objections which have been urged against the System, or by the degree of inquietude which has given birth to them...... I should renounce every pecuniary compensation.. . .. Washington’s First Cabinet

• Secretary of State – (Va.) • Secretary of the Treasury – Alexander Hamilton (NY) • Secretary of War – Henry Knox (Mass.) • Attorney General – Edmond Randolph (Va.) • Postmaster General – Samuel Osgood (Mass.) [Never officially a Cabinet Post] Precedents set in Washington’s First Term • Washington selected the title of “Mr. President,” rather than “Your Highness” as a way to seem as one of the people • Formal state dinners show the trappings of Government, but without Royal affectations • Capital of United States to be built in time at a properly and thoughtfully selected location to be determined; NYC and Philadelphia each act as temporary Capital (NYC Mar 4 1789 – Dec 5 1790; Phila. Dec 6 1790 – May 14 1800) Jefferson vs. Hamilton

Jefferson Hamilton

Jeffersonian Policies (Anti-Federalists) - also Hamiltonian Policies (Federalists) - also known as known as Democratic-Republicans Federalists

Federal Gov't must be strong to focus progress - Power should be used rarely by central gov't - main job of Gov't is to forward notions of states should be stronger than Federal progress and industry

Small farms and towns as ideal American Cities as ideal - growth of country depends upon situation - allows for personal relationships expansion of population Ordinary citizens only need guidelines to live Government should be run by wealthy and their lives - no need for government to have any educated - people who have the knowledge to real role in our lives aid us in progressing towards future Constitution must be used as is directed - there Constitution was written by men who could not is no room for interpretation - any powers not have imagined all situations to arise - the specifically stated in Constitution belongs to Constitution must be considered to be "flexible states and elastic" with implied powers The Judiciary Act of 1789

• While it is true that the Constitution framed the Judicial Branch, there was no real concrete plan to determine how the branch would actually work • Congress passed the Judiciary Act of 1789, which called for the following: . A Supreme Court made up of 1 Chief Justice and 5 Associate Justices (this would eventually be increased to 8 Associate Justices) . 3 Federal Circuit Courts . 13 Federal District Courts It also allowed cases heard in State courts to be appealed to Federal Courts when Constitutional issues were raised Financial Issues trouble the Nation

• According to the 1790 Report on the Public Credit, Alexander Hamilton calculated that the US National debt stood at $77 million ($40 million in debt to domestic lenders/former soldiers, $12 million in foreign debt, and $25 million in debts owed by the states) • Hamilton’s plan to pay down the debt required the following steps: . An issuance of new bonds to replace the old bonds already in circulation (or a purchase of the bonds, held by people who could not afford to wait, at market value – usually 1/5th of face value) . Establishment of a tariff designed to collect money solely to pay off the national debt . No governmental borrowing of money until 4% of the national debt was paid off . The establishment of the [First] Bank of the United States, which would issue paper money and be the financial face of the US government • Even with the austerity measures in place, the Annual National Budget saw fully 40% of annual spending directed to paying down the debt Washington D.C.

• The biggest difficulty in convincing the states to buy into the Federal Government’s debt plan was the fact that several southern states were effectively debt free (agrarian states such as the Carolinas and Virginia were able to pay down their debts faster due to tariffs placed cash crops during the Confederacy period) • In order to convince these states to get on board, Hamilton convinced President Washington to establish a new Capital city in the south. Land was taken from both Virginia and Maryland (on the banks of the Potomac River), and a plan was designed by Pierre L’Enfant and Benjamin Banneker to build a majestic capital city. The Whiskey Rebellion

• In an effort to increase the amount of money brought in by taxation, Hamilton proposed (and Congress passed) an excise tax on Whiskey, but refused to impose a tax on land sales to speculators (such as President Washington). • Most distillers of whiskey were western farmers of small farms who grew corn and could not make money by selling the corn before it rotted, so instead distilled whiskey and sent that east for profit for $16 per keg of whiskey. • The new tax angered these farmers, who refused to pay the tax collectors, and threatened to rise up in rebellion (like Nathaniel Bacon or Daniel Shays). • However, President Washington called up 12,950 federal soldiers (militia members from the states of New Jersey, Maryland, and Virginia), marched to western Pennsylvania, and scattered the “rebels” without any loss of life – showing the nation that armed uprisings would be stopped by the power of the Federal Government • 150 rebel leaders were arrested, with two being convicted of Treason. President Washington pardoned the two leaders, John Mitchell and Philip Weigel, reasoning that both men had been swept up by the fervor of the region, and were not the actual initiators of the pseudo-insurrection. The French Revolution

• France, which had been suffering from the worst famine in recent memory, was suffering from great economic woes due to the lavish spending of the King and Queen, Louis XVI and Marie Antoinette • When the Estates-General was convened to meet, at first the First and Second Estates (the Nobility and the Clergy) refused to work with the Third Estate and so the Third Estate began to work on its own to create a new constitution for France. The First and Second Estates eventually relented and joined the Third Estate to govern, but the delays involved led to open rioting and near Civil War. • Eventually, the fervor for Civil War was turned outwards (towards the nations of Austria and Britain) as well as inwards towards the Nobility. • Unlike the American Revolution, the French Revolution was an attempt to completely remake society (and thus had ideas of levelling society in ways which terrified many, including Washington and Hamilton) • Washington would have been pleased to have retired after his first term, but due to fears of the spread of the warmongery of the French Revolution, Washington agreed to serve a second term as President of the United States (if elected, of course) Citizen Genêt

• In 1792, President Washington issued a Proclamation of Neutrality, refusing to become entangled in the war between Britain and France • After the French executed King Louis XVI, they appointed Edmond-Charles Genêt to be France’s new Ambassador to the United States • Genêt landed in Charleston, South Carolina and immediately began to attempt to commission American ships to attack British shipping on the Atlantic Ocean, purchase munitions to send back to France, and to enlist volunteers to invade Spanish Florida (all actions which were completely contrary to the rules of decorum for Ambassadors in Foreign Nations) • After meeting with President Washington in Philadelphia and being warned of the ramification of his actions, Genêt continued to purchase weapons and recruit soldiers to invade Florida • Washington demanded France recall Genêt, which occurred in early 1794. Realizing that a recall would probably mean his execution by the ever- changing French Government, Genêt requested political asylum and settled in New York as private citizen The Near-War with Britain

• Contrary to the Treaty of Paris of 1783, British soldiers had yet to evacuate the Forts of Detroit and Niagara • The British, fearful that the Proclamation of Neutrality was issued as a cover for Americans to sell grain and supplies to all sides of the war in Europe, issued Orders in Council which banned all commercial links between America and the French and French Caribbean – basically making it legal for British warships to stop American commercial vessels believed to be trading with France. These interdictions almost always included impressment – kidnappings and forcing sailors to labor aboard British ships • The fear of impressments led to the limiting of trans-Atlantic trade, which meant farmers could not sell their abundant supplies of grain, and port workers were basically out of work. This, along with desires to help our “Republican brothers-in-arms” in France, led to calls for war against Britain (which Washington refused to heed) Jay’s Treaty

• Chief Justice John Jay was sent to negotiate a treaty with Britain, which was completed on November 19, 1794. • Jay’s Treaty, which was rather unpopular with most of the United States, called for: . “A firm inviolable and universal Peace” . Withdrawal of British troops from all Forts in the Northwest Territories (as had been agreed to in 1783) . Britain would pay compensation for any damage done in the capture of American ships . The US would receive “most favored nation” status in trade with Great Britain and her colonies – with any port fees charged of American ships in British ports being equal to any port fees charged of British ships in American ports . Both Britain and the United States would guarantee any outstanding debts owed to British/American merchants dating from Revolutionary War period (and would pay debts where circumstances demanded out of national treasuries) • Jay, when asked to comment as to the effectiveness of this treaty, claimed that “It breaks the ice” – that it was the first step towards normalizing relations with Britain • The US Senate ratified the Jay Treaty with a vote of 20-10 (all 20 affirmative votes were from Federalists, while all ten dissenters were Anti-Federalists, or as they were now calling themselves, Democratic-Republicans) Pinckney’s Treaty

• South Carolinian Thomas Pinckney was sent to Spain at the same time as John Jay was negotiating his treaty in London. • US farmers in the west were still being prevented from utilizing the Mississippi River and port of New Orleans to ship their goods • Fearing the US and Britain would negotiate a peace and then act at the expense of Spain, Spain concluded “The Treaty of Friendship, Limits, and Navigation between Spain and the United States” on October 27, 1795 • The treaty saw Spain redraw the border between Spanish Florida and the US at 31 degrees north latitude, and the western boundary of the territory became the Mississippi River • The United States was granted complete and unhindered access to the Mississippi River and the Port of New Orleans without having to pay any taxes or port fees • The Spanish agreed to eliminate all guarantees it had made for military support of native Americans in any disputes with the United States States Added under Washington

• In 1789, North Carolina ratified the Constitution and became the 12th state • In 1790, Rhode Island finally ratified the Constitution, becoming the 13th state • In 1791, the State of Vermont was added to the Union (it was made up of land contested by both New Hampshire and New York) • In 1792, Kentucky joined the nation as the 15th state • In 1796, Tennessee joined the nation as the 16th state Native American Wars - I

• From the beginning of Washington’s first term, one of the highest priorities was to eliminate the threat of violence on the frontier from Native Americans (It also must be noted that Washington continued to harbor a distrust of Native Americans – dating back to the French and Indian War) • Arthur St. Clair was appointed the first Governor of the Northwest Territories (he was also a Major General in the US Army) • He received permission from Congress to have a standing army of 1000 soldiers, and 1500 militia members called up from Kentucky, Pennsylvania, and Pennsylvania • In September 1790, General Josiah Harmar led 1450 troops into Miami and Shawnee territory to show the strength of the US by destroying crops and villages (and prevent future attacks by the tribes) • In October, Harmar and his men were attacked by a war party of Miamis, Pottawattamies, and Shawnees – 500 Americans were killed before the rest were able to retreat. Native American attacks on the frontier continued, and attempts to initiate peace talks failed. Native American Wars - II

• Frustrated with the inability to develop peaceful relations with Northwest Territory Natives, President Washington ordered General St. Clair to personally take command of the troops and initiate another military push • On November 4 1791, General St. Clair led 2000 troops on a direct assault on the Miami village on the Wabash River in present-day Illinois – 1500 Native Americans led by Mishikinakwa (Little Turtle) of the Miami and Weyapiersenwah (Blue Jacket) of the Shawnee defeated the American Army, killing over 500 troops and decimating the “Federal Army” • President Washington removed General St. Clair from command in the region, claiming that the Army had been allowed “to be cut to pieces, hacked, butchered, and tomahawked” • St. Clair retained the Governorship of the Northwest Territories, but Command of the Army was given to Major General “Mad” Anthony Wayne Native American Wars - III

• General Wayne trained his army (The Legion of the United States) over the winter of 1793-1794 at the newly constructed Fort Recovery (built on the grounds of St. Clair’s ignominious defeat) • On August 20th, General Wayne and his army of 1700 regulars and 1500 Kentucky militia men defeated over 2000 Native Americans under the leadership of Blue Jacket of the Shawnee at the Battle of Fallen Timbers. In point of fact, only about 150 men died on either side of the Battle. However, this battle ended the Northwest Territory Wars, as the British refused to back any of their former Native American allies and so the Native Americans were forced to negotiate a peace treaty. • Almost a year later, twelve Native American tribes signed the Treaty of Greenville with the United States (August 3, 1795). The Treaty of Greenville established small pockets of reserved Native American lands in the Northwest Territories while seeing the vast majority of those lands permanently granted to the US. Native American Tribes were given $9500 ($1000 each for the seven largest tribes and $500 for the remaining five tribes), and a great many of these tribes relocated to Canada or further west into the Louisiana Territory. Washington’s Farewell Address I

• While, then, every part of our country thus feels an immediate and particular interest in union, all the parts combined cannot fail to find in the united mass of means and effort greater strength, greater resource, proportionally greater security from external danger, [and] a less frequent interruption of their peace by foreign nations . . . • I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discriminations. . . . • If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way in which the Constitution designates. But let there be no change by usurpation . . . • Promote then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened. Washington’s Farewell Address II

• [Avoid] likewise the accumulation of debt, not only by shunning occasions of expense but by vigorous exertion in time of peace to discharge the debts which unavoidable wars may have occasioned, not ungenerously throwing upon posterity the burden which we ourselves ought to bear. The execution of these maxims belongs to your representatives, but it is necessary that public opinion should co-operate. . . . • Observe good faith and justice towards all nations; cultivate peace and harmony with all. . . . • The great rule of conduct for us in regard to foreign nations is in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests which to us have none; or a very remote relation. . . . • It is our true policy to steer clear of permanent alliances with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public than private affairs, that honesty is always the best policy. I repeat, therefore, let those engagements be observed in their genuine sense. But, in my opinion, it is unnecessary and would be unwise to extend them. • The duty of holding a neutral conduct may be inferred, without anything more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity towards other nations. The Election of 1796

• With Washington’s retirement from public office, the election of 1796 stood as a referendum on Washington’s Federalist Presidency – would the electors wish to continue to trust the Federalists, or would the Democratic- Republican viewpoint win? • The build-up to the election saw newspapers publish editorials extolling the virtues of either of the “candidates” over the other (it was seen as unseemly to publically declare one’s intention to become the President while Washington still held that position) – Democratic- Republicans claimed Adams was interested in recreating an aristocracy in the country, while Federalists claimed Jefferson was an atheist whose allegiances were towards the radicals in France The Votes

• With 138 electors voting in the election of 1796, the results were as follows: John Adams (Mass.), 71 votes Thomas Jefferson (Va.), 68 votes Thomas Pinckney (SC), 59 votes Aaron Burr, (NY), 30 votes Samuel Adams (Mass.), 15 votes Oliver Ellsworth (Ct.), 11 votes George Clinton (NY), 7 votes John Jay (NY), 5 votes James Iredell (NC), 3 votes George Washington (Va.), 2 votes John Henry (Md.), 2 votes Samuel Johnston (NC), 2 votes Charles Cotesworth Pinckney (SC), 1 vote Adams and France

• Within days of Adams’ inauguration, France sent a message to the President, refusing to accept the American Ambassador to France – Charles Cotesworth Pinckney of South Carolina. The French Government, at this time a five-member panel called The Directory, not only refused to receive Pinckney (they were hoping a Democratic-Republican with pro-French leanings would be appointed to the position), but also launched an undeclared war against US shipping. Within a few months, over 300 American ships were captured by the French navy • The citizens of the US began to call for war, which Adams felt the US was not ready for. Adams requested the Congress authorize the establishment of a navy and to set aside funds in case it should come to all-out war against France. Congress divided along partisan lines, but ultimately authorized the continued construction of 6 (the USS United States, USS Constellation, USS Constitution, USS Chesapeake, USS Congress, and USS President) and the establishment of an entire Navy department. Adams also dispatched Elbridge Gerry of Massachusetts and John Marshall of Virginia to join Pinckney in Paris in an effort to restart peace talks with the French. The XYZ Affair

• Most diplomacy in Europe at the time was a combination of public and self- interests. It was commonplace for bribes to change hands before negotiations began. The US recognized this, and the three delegates were prepared to pay a bribe to initiate talks, but the events which ensued were almost comical. • French Foreign Minister Charles Maurice de Talleyrand (a former member of both the nobility and the clergy – he was also a Bishop) had survived in France at a time when most of his peers (both members of the aristocracy and members of the clergy) had fled or been executed. The fact that Talleyrand would serve in the position of Foreign Minister under The Directory, the Bonaparte Empire, and in fact act as the Foreign Minister under the restored Bourbon Monarchy speaks volumes as to Talleyrand’s ability to survive • “Agents” for Minister Talleyrand met the American delegation in the Paris Hotel where they were staying, claiming that the Minister was too busy to meet with them. However, should the Americans be so disposed as to pay $250,000 for Talleyrand’s time and arrange a loan of $10-$12 million for France, Talleyrand would be willing to meet and discuss terms of friendship. These agents, described through posterity as Agents “X,” “Y,” and “Z,” were met with the response of “No, no, not a sixpence” from Ambassador Pinckney and the Quasi-War with France was initiated (Congress never officially declared War on France) The Alien and Sedition Acts

• Due to fears that French revolutionary fervor would overtake the Democratic-Republican portion of the population, Congress passed a series of laws which can only be described as reactionary. • The Naturalization Act and Alien Friends Act of June 1798 became known historically as the Alien Act. The Alien Act extended the time needed for one residing in the country to become a citizen (from 5 to 14 years) and allowed the US Government to deport anyone who was deemed dangerous (basically anyone who used pro-French rhetoric). No one was actually deported, but many French citizens left the US before they could be. • The Sedition Act of July 14 1798 allowed the Government to fine or imprison anyone who wrote or spoke out against the actions taken by the US Government. 17 people were tried under the Sedition Act, including Philadelphia Aurura editor Benjamin Franklin Bache who was accused of spreading “false, scandalous, and malicious” speech against the Government and Vermont Congressman Matthew Lyon who spent 4 months in jail for continuing to criticize the Adams administration. Fries’ Rebellion

• In 1799, auctioneer John Fries of southeastern Pennsylvania organized non-violent protests in an effort to repeal taxes imposed due to the expenses of constructing the Frigates for the Quasi-War • Like the Whiskey Rebellion, Federal troops were dispatched to the region to quell the protests (and unlike the Whiskey Rebellion, most of the protesters were arrested) • Fries, as leader of the “rebellion” was tried twice for treason, and convicted both times. Sentenced to death, Fries’ sentence was pardoned by President Adams (in the same manner Washington did with the Mitchell and Weigel of the Whiskey Rebellion, but at the cost of many Federalist supporters) The Kentucky and Virginia Resolutions

• Vice President Jefferson, at first, counseled his fellow Democratic-Republicans to remain patient while he secretly wrote a Resolution which was taken up by the Kentucky Legislature ( wrote a similar Resolution for Virginia) – the Kentucky and Virginia Resolutions claimed the power of the states to nullify any federal laws deemed Unconstitutional by declaring those federal laws “null and void” within that state’s jurisdiction. • Nullification by state legislature is a Constitutionally valid manner for the states to check the power of the Federal Government (especially at a time when the US Supreme Court had yet to recognize the immense power of Judicial Review) • Federalists saw the Kentucky and Virginia Resolutions as attacks on the Federal Government, and on the power of the Constitution – and yet Congress allowed the Alien and Sedition Acts to lapse at the end of their effective period • Most dangerous of all in this situation was the fact that the Vice President of the United States was acting in direct opposition to the government in which he served The End of the Quasi-War

• Adams’ Administration decided that a change in negotiators with France was necessary, replacing Charles Cotesworth Pinckney with William Vans Murray. As a result, Adams also had to replace his Secretary of State, , who was pro-war with France. Adams’ new Secretary of State was his political ally John Marshall. Added to this was Adams’ difficulties in dealing with private citizen Alexander Hamilton, who was publically pro-war with France, and became so entrenched in acting for his own financial gains that Adams described Hamilton as being “a man devoid of every moral principle.” • The negotiating team of William Vans Murray, Chief Justice Oliver Ellsworth, and former NC Governor William Richardson Davie, were also faced with the internal political struggles within France – 1799 saw The Directory replaced by The Consulate (a Republic under the control of three Consuls – Napoleon Bonaparte, Jacques-Régis de Cambacérès, and Charles-François Lebrun). • Once France straightened out its political situation (temporarily), Napoleon dispatched his brother Joseph Bonaparte, along with Charles-Pierre Claret Fleurieu and Kerre-Louis Roederer, to negotiate a peace with the United States • The Convention of 1800 (also known as the Convention of Mortefountaine) ended the Quasi-War The Judiciary Act of 1801

• The Judiciary Act of 1801 reorganized the still new Judicial Branch – the act reduced the size of the Supreme Court from six justices to five. The Act also created six judicial circuits, with sixteen justices to preside over those seats. • The idea in creating the six new circuits was to remove the Supreme Court Justices from “riding the circuit,” – with the lack of federal justices, the Supreme Court justices were required to hear cases on the Federal Court circuits when necessary. • When this Act was passed (February 13, 1801), it granted Adams a final opportunity to place Federalists in the new judgeships. Overall, Adams appointed sixteen Federalist judges over the final 19 days of his term – an event referred to historically as the “Midnight Appointments.” The Election of 1800

• Unlike previous elections, the fourth Presidential Election saw campaigning by candidates (as well as newspapers endorsing those same candidates) – Democratic-Republicans heartily endorsed their candidates (Thomas Jefferson for President and Aaron Burr of NY for Vice President), while Federalists did the same (John Adams for President and Charles Cotesworth Pinckney of SC for Vice President). • What was notable about this election was it saw, for the first time editors reported malicious stories about the candidates – Federalist newspapers reported rumors that Jefferson had fathered a child by a slave woman, while Democratic-Republican newspapers reported that John Adams was a secret monarchist who wished to establish a perpetual aristocracy with himself and his family at the center. • At the beginning of the partisan sniping in December 1799, news of President Washington’s death at Mount Vernon spread. With his death, the nation mourned, and factionalism spread unabashedly. The Votes

• With 138 electors voting in the election of 1800 (no new states had been added), the votes were cast in the Electoral College as follows: Thomas Jefferson (Va.), 73 votes Aaron Burr (NY), 73 votes John Adams (Mass.), 65 votes Charles Cotesworth Pinckney (SC), 64 votes John Jay (NY), 1 vote (The plan within the Democratic-Republican party throughout the states was for each Democratic-Republican Elector to vote for Jefferson-Burr, with one leaving Burr off the ballot for another candidate – as no one was told that they were to be the one who did not vote for Burr, every elector voted for him. Burr was not trusted by the Democratic-Republican Party, but was considered influential enough in New York to swing that state to the Democratic-Republican side) The House decides the Election

• With a tie in the Electoral College, the election was to be decided by the lame-duck House of Representatives (the House as it was constituted in 1800, not the newly elected one – which meant that there were men who had been voted out of office deciding the fate of the Nation). The House voted only on the choice of the top two candidates – Jefferson and Burr, and voted by state, with the winner needing to receive 9 state votes. • Each state’s Representative had a vote within that state’s contingent, and those votes would determine the entire state’s vote (In New York, for example, there were 10 Representatives – during the votes, Jefferson would defeat Burr 6 votes to 4, giving NY to Jefferson each time). • Over the span of seven days (February 11 to February 17, 1801), the House voted 35 times – the first 34 times saw Jefferson beat Burr 8 states to 6 (with Maryland and Vermont deadlocked each time 4-4 and 1-1, respectively, and thus not casting votes) but not receiving enough votes to win the Presidency. • Alexander Hamilton spoke to Federalist members of the House before the 35th vote, convincing them that Aaron Burr was “a dangerous man of too much ambition and too little morality.” In the 35th vote, the Representatives of Delaware, Maryland, South Carolina, and Vermont who had voted for Burr changed their votes to blank, giving Maryland and Vermont to Jefferson (and leaving Delaware and South Carolina without a vote) so Jefferson could win the election 10-4 with 2 abstentions • Burr would not forgive Hamilton for his actions, eventually leading to accusations of perfidy and adultery and a duel of honor. The aftereffect of the Election of 1800

• The 12th Amendment to the Constitution was proposed in Congress on December 9 1803, and ratified on June 15 1804. This Amendment changed the way electors voted – no longer would the person with the most votes become President and second most become Vice President – as of the ratification of this Amendment, each Ballot would be cast for a President and a Vice President. The Vice Presidential candidates must meet the same criteria as those candidates for President. • In the case of a tie: if the tie is for the Presidency, the House of Representatives votes on the top three Presidential electoral vote receivers; if the tie is for Vice President, the Senate votes on the top two Vice Presidential electoral vote receivers • [The Eleventh Amendment, passed in 1794, removed the ability of the states to claim sovereign immunity, and thus allowed citizens to sue states directly]