Brinkley Chapter 6 Notes

Framing a New Government Brinkley, Chapter 6 After Shays Rebellion, some of America's wealthiest and most powerful groups called for a stronger national government. The Constitution and the New Republic Leading the way was Alexander .

Hamilton found allies in and George who called for a Constitutional Convention. 55 delegates met in Philadelphia. All states The "Founding Fathers" were young were represented except Rhode Island. (44), well educated, wealthy property owners, and feared concentrated power. The convention unanimously George Washington to preside over its sessions. Was closed to the public and to the press.

The Philadelphia Convention Issue of Representation William Paterson James Madison Not in attendance were (England) and (France). Sam Adams was not welcomed as he was deemed too fiery. Patrick Henry refused to attend Rejected state because he "smelt a rat." sovereignty in V. favor of the All delegates agreed: "supremacy of the national Convention government" . The US needed a stronger central government rejected the New Jersey Each state received one vote in the Plan, but supporters of Convention and a simple majority was the Virginia needed to pass a resolution. Plan realized they needed to Independence Hall compromise.

Issue of "Upper" Southern Issue of the Presidency states such as VA and MD hoped to abolish the slave trade. V. V. "Lower" Southern states such as SC and GA refused to partake in any union that abolished the slave trade.

To placate southern states, the delegates agreed that the federal government could not ban the slave trade for 20 years. Article 1 Section 2

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Issue of Trade Unresolved Issues

No definition of citizenship

V. Status of Indian Tribes

Absence of a list of individual rights, restraining the powers of the federal government (A.K.A Bill of Rights)

No mention of slavery

Undoubtedly, Charlie Brown is awesome, but try to stay away from this version of the Constitutional Convention!

The Constitution of 1787 The Question of Sovereignty

James Madison "The Father of the Constitution" How could a national government exercise sovereignty concurrently with state governments? Where did ultimate sovereignty lie? Madison's 2 most important achievements: All power, at all levels of government flowed ultimately from the people. 1. The question of sovereignty Thus neither the federal government nor the state governments were truly 2. The question of limiting power sovereign.

The resolution of the problem of sovereignty made possible one of the distinctive features of the Constitution - Federalism , or the division of powers between the national and state governments.

Discontinued in 1969

The Question of Limiting Power Adoption and Adaptation

Baron de Montesquieu Separation of Power & Checks and Balances 9 of 13 states were needed to adopt the Constitution.

States assembled delegates to begin their own conventions to vote on ratification

A national debate ensued though over individual rights and the protections of individual rights from the government

The nation was divided between Federalists and Anti-Federalists

Federalists - a term that opponents of centralization once used to describe themselves - thus implying that they were less committed to a "nationalist" government than in fact they were.

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Supporters: Supporters: Ratification Washington Patrick Henry In the winter of 1787-1788, Delaware Franklin Sam Adams ratified the Constitution first. Madison Jefferson 11 9 6 Hamilton New Jersey & Georgia soon followed. 5 13 Believed they Jay 3 were the true 2 7 1 defenders of the New Hampshire was the 9th state to ratify. Revolution. 10 Government will North Carolina waited to see if in fact a 12 increase taxes, weaken the Bill of Rights would be added. 8 states, favor the 4 rich over the Rhode Island did not even consider commoners, and Wrote bolish individual ratification. to support their position liberty

The First Congress The Federal Courts

The first Congress served in many The Constitution only states: "The judicial power of the shall ways as a continuation of the be vested in one Supreme Court, and in such inferior courts as the Congress Constitutional Convention. may from time to time ordain and establish."

Most important task was drafting the Bill of Rights.

By early 1789, even James Madison saw the importance of a Bill of Rights.

9 of the first 10 Amendments placed limits on the federal government. The Judiciary Act of 1789 provided for a Supreme Court with 6 justices and a system of lower courts and appeals courts

Executive Departments Federalists and Republicans

The Congress created three departments of the executive branch: Though the Constitution was ratified, there remained many philosophical differences. Federalists Democratic - Republicans Secretary of State Secretary of Treasury Secretary of War Washington & Hamilton Jefferson & Madison

Powerful group who Group whose members envisioned a Henry Knox envisioned America as a more modest national government. Rather than aspire to be a highly Established the Postmaster General and Attorney General genuine nation-state, with centralized authority and a commercial or urban nation, it complex commercial should remain predominantly rural economy. and agrarian.

Samuel Osgood Edmund Randolph

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Hamilton's Financial Plan Hamilton and the Federalists The new government needed the support of the wealthy and powerful. Government For 12 years, the Federalists controlled the needed to give elites a stake in success. government partly because Washington believed in a strong central government. Hamilton outlined his vision in 3 plans proposed to Congress. 1. "Report on the Public Credit" (Jan. 1790) But, he tried to avoid deliberations and 2. "Report on a National Bank" (Dec. 1790) controversies in Congress. 3. "Report on Manufactures (Jan. 1791).

Alexander Hamilton rose as the face of the . 1. Hamilton asked Congress to redeem at face value the $55 million in Confederation securities held by foreign and domestic investors.

Hamilton was one of the most aristocratic in political philosophy. Believed in As an underdeveloped nation, the US needed good credit to secure loans from an elite ruling class. As Treasury Secretary he devised bold policies to Dutch and British financiers. However, his plan gave enormous profits to speculators, enhance national authority and to assist financiers and merchants. who bought depreciated securities.

Hamilton's Financial Plan Hamilton's Financial Plan Equally controversial was Hamilton's proposal to pay note holders with new interest- 2. Hamilton's bank plan would be jointly owned by private stockholders and the bearing securities, thereby creating a permanent national debt. national government.

Hamilton then proposed that the national government further enhance public Hamilton argued the bank would provide stability to the specie-starved American credit by assuming the war debts of the states. This assumption plan, costing $22 economy by making loans to merchants, handling government funds, and issuing bills million benefitted the wealthy as they also purchased depreciated bonds. of credit. These potential benefits persuaded Congress to grant Hamilton's bank a 20 year charter and send the legislation to the president for his approval. Few members of Congress rejected Hamilton's Jefferson and Madison opposed Hamilton's plan. Jefferson believed the bank was plan for funding the national debt, but many unconstitutional. Jefferson's argument rested on a strict interpretation of the opposed his proposal to exchange new bonds for Constitution. Jefferson told Washington that it was not a power expressly "delegated to old certificates of indebtedness on a dollar-for- the United States by the Constitution." dollar basis.

Many original bond holders were forced to Hamilton preferred a loose interpretation. He told Washington that Article 1 Section 8 sell them to speculators in the 1780s at a At the insistence of Hamilton, empowered Congress to make "All Laws which shall be necessary and proper" to carry fraction of their face value. Congress passed the bill to out the provisions of the Constitution. Washington agreed with Hamilton and signed the exchange the bonds. national bank legislation.

Enacting Hamilton's Program Hamilton's Financial Plan

Hamilton's assumption of debt proposal faced greater opposition. 3. Hamilton sought revenue to pay the annual interest on the national debt.

The funding and assumption of debts would require new sources of revenue. 2 new Opponents argued that if the federal government took over the state debts, taxes: the states with small debts would have to pay taxes to service the states with large ones. 1. Excise tax on alcoholic beverages, a 2. on imports, not only to raise tax that would burden whiskey revenue, but to protect domestic Massachusetts, for example, owed Hamilton had to compromise distillers and small farmers who manufacturers from foreign much more money than Virginia. with the Virginians. converted part of their corn and rye competition into whiskey.

In exchange for northern support for placing the nation's capital in the He urged the expansion of American manufacturing but did not want a protective South close to Virginia, the south would vote for assumption of the states' tariff but a revenue tariff. As American trade increased, customs revenue rose debt. The land was to be chosen by George Washington. steadily and paid down the national debt.

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Hamilton's Vision The Democratic - Republican Opposition The Federalists offered more than a vision of a stable new government, but one run The Constitution made no reference to political parties. Most framers believed by an enlightened ruling class and an independent commerical economy. political parties were dangerous.

Once enacted, Hamilton's program But, Congress agreed to Hamilton's bill However, Madison and Jefferson believed won the support of manufacturers, despite these objections. The Bank of Hamilton and the Federalists were doing creditors, and other influential the United States began operations in segments of the population. 1791 in Philadelphia. many of the same things that the corrupt British government had before the Revolution. Out of this rose the Democratic-Republicans.

Jefferson promoted a vision of an agrarian republic, in which most citizens would farm their own land. Jefferson did not scorn commercial or industrial activity, but believed the nation should be wary off too much industrialization. Small farmers claimed they were taxed excessively and others argued the Federalist program only benefited the wealthy elites, rather than everyone

Regional and Economic Differences Establishing National Sovereignty

Electoral Map 1796 The Federalists were most The Federalists consolidated their position by acting effectively in the numerous in the commercial centers western territories and the West. of the Northeast and in southern seaports as Charleston. 1794 - farmers in western Pennsylvania raised a major challenge to federal authority when they refused to pay the new whiskey excise tax and began Democratic - Republicans were terrorizing tax collectors in the region. stronger in the rural areas of the South and West. Hamilton urged Washington to use the federal army and lead them into Pennsylvania. The rebellion collapsed upon the approach of the militia. The most glaring difference was the support of the French Revolution. The The federal government won the allegiance of the whiskey rebels through Federalists expressed horror and the Democratic-Republicans applauded intimidation. the democratic spirit.

Indians' Ambiguous Status War Between France and Britain

The new government inherited border conflicts with Indian tribes. Both Washington and Congress tried to remain neutral

These clashes revealed another issue the Constitution did little to resolve: 1794 - British Navy began to seize American ships in the West Indies.

The place of Indian nations Hamilton was concerned, war with England ended imports from England - most within the new federal of the revenue to maintain his financial system came from these duties structure George Washington sent Chief The Indians' legal standing. Justice John Jay to negotiate a settlement. Jay was instructed The issue of land and the to secure compensation for the sovereignty of land assault on American shipping.

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Jay's Treaty Election of 1796 Jay's treaty failed to garner compensation but it avoided a likely war. Washington refused to run for a Provided undisputed sovereignty over the entire Northwest (British removed the last 3rd term of its troops) and produced a reasonably satisfactory commercial relationship. Jefferson was the obvious choice as a Pinckney's Treaty presidential candidate for the

Settled American disputes with Spain. Democratic-Republicans

Spain recognized the right of the Americans to navigate the Mississippi River and to The Federalists were caught deposit goods in New Orleans between John Adams and Agreed to the northern border of Florida Hamilton created too many enemies to be a credible candidate and therefore Spain commanded its authorities in Florida to stop Indian raids on the border. nominated Adams

Quasi War with France XYZ Affair

Relations with Revolutionary France quickly deteriorated. When Adams heard of the incident with Talleyrand, he urged Congress to prepare for French vessels captured American ships war. on the oceans. The French government refused to meet with American diplomat In his message to Congress he referred to the Charles Pinckney. The XYZ Affair provoked French officials as X, Y, and Z. In an effort to stabilize relations, John popular outrage and Adams appointed a bipartisan increased the strength of the commission to negotiate with France. Federalist Party.

When the diplomats arrived in 1797, three agents of French foreign minister For nearly two years, the U.S. Talleyrand demanded a loan for France and a bribe for French officials found itself engaged in an before any negotiations could begin. The Americans refused. undeclared war with France.

Repression and Protest The "Revolution" of 1800

The empowered Federalists began to find ways to silence the Democratic- Adams was the candidate for president of the Federalist Party and Jefferson Republicans. (Burr) for the Democratic-Republicans The Alien and Sedition Acts

The Alien Act placed new obstacles in the way of foreigners who wished to Federalists accused Jefferson of become American citizens, and it strengthened the president's hand in being a dangerous radical whose dealing with aliens. followers were wile men who, if they came to power, would bring The Sedition Act allowed the government to prosecute those who engaged in a "Reign of Terror" comparable Democratic-Republicans portrayed "sedition" against the government. Since there was no clear definition, it to that of the French Revolution. Adams as a tyrant conspiring to become allowed the government to silence virtually all opposition. king, and accused the Federalists of Adams signed the laws cautiously for fear of launching a broad crusade plotting to impose slavery on the people. against the Democratic-Republicans. The election was incredibly close

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The "Revolution" of 1800 Judiciary Act 1801 Jefferson and Burr were listed on the same ticket, although the vice- After the election of 1800, the only branch of government left in the hands of president was to be elected separately. the Federalists was the Judiciary. When all votes were cast for the presidency, The Adam's administration spent its last months in office taking steps to make Jefferson and Burr each received 73 votes. the party's hold on the courts secure. Therefore, a vote went to the House of Judiciary Act of 1801 - Federalists reduced the number of Supreme Court Representatives to elect the President justices by one, but increased the number of federal judges as a whole Jefferson - 73 Burr - 73 Adams appointed John Marshall to Chief Justice of the Supreme Court and Adams - 65 The current Congress was to vote. Each state had one other Federalists to posts as federal judges. Pinkney - 64 vote. Hamilton convinced many Federalists that Burr was It is rumored Adams worked through midnight to complete the assignments Jay - 1 not to be trusted and to vote for Jefferson. It is believed before leaving office, often called the "midnight appointments." that Hamilton's actions led to the duel with Burr.

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