Ryan Lafler

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THE CONSTITUTION AND NEW

REPUBLIC

Chapter: 6

Ryan Lafler

Advocates of Centralization

• Articles of Confederation’s limited government was failure, and supporters of centralization of a strong “national government” included:

– Military men waiting for their pensions (Newburgh Conspiracy)

– Frontiersmen and land speculators wanted protection from “Indian Menace”

– Property owners wanted protection from mobs

– Debtors wanted states to stop issuing their own paper currency

• *Main Issue: Confederation Congress was weak on collecting taxes (Congress could request states to tax more, but couldn’t force taxation)*

• Reformers of Articles of Confederation consisted of wealthy powerful groups (elitists) throughout country

• Alexander Hamilton of New York and James Madison of Virginia came together and argued for Constitutional Convention in Philadelphia- support from George Washington (after witnessing threat from Shays’s Rebellion) left Mt. Vernon and headed to Philadelphia to boost the Convention’s credibility

A Divided Convention

• “Founding Fathers” were middle-aged men who attended Philadelphia Convention in 1787 and held Revolutionary cautiousness towards centralized power

• Washington elected leader of Convention unanimously, all states except Rhode Island sent delegates to Convention (Virginia sent best-prepared delegation)

• Edmund Randolph proposed creation of 3-branch government by creating a “supreme Legislative, Executive, and Judiciary”: DRASTIC PROPOSAL

• Madison then proposed Virginia Plan (bicameral legislature consisting of lower house- population and upper house-members elected by lower house)

– Immediate opposition from small states (New York, New Jersey, and Delaware)

• William Patterson proposed New Jersey Plan that proposed for “Federal” plan of a unicameral legislature with each state given equal representation

• Virginia Plan supporters made compromises, allowed members of upper house to be elected by state legislators (allow each state to have 1 legislator in U.H.)

• Population played key role in slave states (slaves: taxation with no representation)

Here Comes the Compromise

• Franklin kept delegates from leaving Convention, and chaired a Great Committee that produced proposal headed by Roger Sherman: Great Compromise (Connecticut Compromise)

– Great Compromise created bicameral legislature that featured lower house based on population (slaves counted as 3/5ths of a white person: made them property), with upper house based on equal state representation of 2 members/state

• Representatives from Southern States relied heavily on agrarian economy fueled by slave labor, and South made:

– Congress could not place taxes over $10 on any slave import

– Members who saw slavery as trouble for new nation had to make concession so that Constitution would be passed

– 3/5ths Compromise said 60% of slaves would count towards representation in Congress (gave South upper hand in representation in Congress)

– Fugitive Slave Clause: Escaped slaves returned to masters, regardless of whether they were in a free state

• Absence of listed individual rights scared people who saw that without those protections, the national government might abuse its authority

The Constitution of 1787

• Creation of Constitution came with compromises between Federalists and Anti-Federalists as well as Northern and Southern State ordeals

• Constitution gave sovereignty to the people and established separation of powers (system of checks and balances) – Madison believed federal, state, and local governments all derived power

from the people – Creation of 3-branched federal government, with no branch having more

power than the other 2 • Federalism: System that includes Federal, State, and Local level of

government, with Federal Government being the highest and central power of authority

• Framers feared “mob rule” or “excess of democracy” and took steps to ensure that nation was not entirely run by the common masses (feared a Tyranny of the Majority) – Framers created Electoral College to prevent pure Democracy and prevent

uneducated from gaining power

Enlightenment Influences on U.S.

Constitution • Jean-Jacques Roseau: Governments are derived from the

consent of the governed

• Baron de Montesquieu: System of checks and balances; keep government close to the people to prevent tyranny from emerging

– One branch of government does not have more power over the others

– Separation of Powers

• John Locke: Creation of representative government

Federalists and Antifederalists

• Federalists: Central, Federal government that had power over states and distanced itself from the common masses (Electoral): supported the U.S. Constitution

– Led by Alexander Hamilton, James Madison, and John Jay

• Antifederalists: Decentralized government who advocated for Bill of Rights and the power of the people (popular vote)

– Led by Thomas Jefferson, Patrick Henry, and George Mason

• To gain support, Federalists under “Publius” published Federalist Papers to sway larger states (most importantly New York) to ratify Constitution

– Essays were published as articles in newspapers (power of the press)

• Constitution needed large states of New York and Virginia to be ratified- narrowly was passed by state constitutional conventions

• 9/13 states needed to ratify Constitution

Completing the Structure

• Bill of Rights added to Constitution in 1791, Ten (out of 12) Original Amendments approved by states

– Bill of Rights added to Constitution to draft support from Antifederalists who demanded a list of peoples’ rights (to prevent government tyranny)

– Based on George Mason’s Virginia Declaration of Rights

– Included Ten Amendments, 9 that limited power of federal government, and 10th Amendment reserving some power for the sovereign states

• Judiciary Act of 1789 passed by Congress that determined # of Supreme Court Justices (5 Associate Justices, and 1 Chief Justice)

• Creation of United States Federal Executive Departments (Federal Cabinet) allowed Congress to specify number of departments and their creation

– Congress created State, War, and Treasury Departments, along with Offices of Attorney General and Postmaster General

Hamilton and the Federalists

• Hamilton becomes leader of Federalists and initiates Hamiltonian Program which:

– States place each of their debts into a collective national debt

• Hamilton wanted to fund the debt by selling bonds to land speculators (wealthy) and assume debt amassed by the states

– Creates National Debt (give wealthy class reason to buy bonds, forcing the government to repay them which kept wealthy in govt.’s pocket)

– Created First National Bank (place for govt. to place funds, act as a monopoly for the govt.’s banking system, and help collect taxes)

• Bank had board of directors (1/5 appointed by govt.) who would provide loans and currency to businesses

– Hamilton wanted new taxes to support centralized govt. which is why Congress passed the Import Tariff and Excise Tax (Import Tariff didn’t pay as much so Hamilton wanted another tax to compensate)

Enacting the Federalist Program

• Hamilton wanted to accept debt at face value (amount paid to bond holder at full maturity) and wanted to pay current land speculators holding the bond

– Madison wanted to divide federally-funded bond repayment to original bond-holders and current land speculators

– Hamilton’s plan on paying current bond holders won out over Madison’s plan

• Hamilton wanted national government to take up state debts, caused uproar among states that had small debts (more debt=more taxes)

– Hamilton convinced states with smaller debts (i.e. Virginia) to join his plan by moving Capital of U.S. from Philadelphia to banks of Potomac River: Washington D.C.

• Congress passed Hamilton’s National Bank bill, the Excise (Whiskey) Tax, and Protective Tariff of 1792 (to secure domestic industry

• Hamilton’s Program caused U.S. to sell items domestically and abroad, restored public credit (financial standing of U.S.), but angered small American farmers

The Republican Opposition

• Republican (Democrat-Republican) Party formed by Jefferson and Madison to counteract growth of Federalist Party

– Emerged from the Anti-Federalists

– Placed belief in Strict-Constructionism (strictly adhering to Constitution)

– Liberal Political Party, Federalists were Conservative Political Party

– Focused on small farmers hit hard by Hamiltonian Program

• Opposition towards development of industrial economy (feared too many property less workers in cities) and supported creation of agrarian society that was NOT extremely commercial/mercantile (no large cities)

• Believed in Decentralized System

• Supported French Revolution, and saw it as anti-aristocratic spirit

Securing the Frontier/ Native Americans

• Farmers in Western Pennsylvania rose up against the Excise “Whiskey” Tax and terrorized tax collectors

– Washington responded by calling militia of 15,000 soldiers which peacefully put down the revolt

– Whiskey Rebellion of 1794 won loyalty of frontiersmen to United States govt. by effectively intimidating them into submission (15,000 troops)

• Land Ordinances of 1784-1787 caused border conflict, Constitution did little to resolved American and Indian land disputes

• Constitution made clear Indians were not “foreign nations” but lived within U.S. and reserved minimal sovereignty over their lands

Maintaining Neutrality

• Frenchman Edmund Genet arrived in Charleston and made plans to utilize American ship-owners to serve as French Privateers

• Washington’s Neutrality Act of 1794 forbade Americans from going to War with foreign nations whom American govt. is at peace with

• Genet ignored Neutrality Act and recruited Americans in French navy and commissioned George Rogers Clark to lead military expedition against Spanish in lands South of U.S.

• Washington wanted Genet out, but Genet begged Washington for staying in U.S. (old French govt. had been replaced with new one that didn’t like Genet)

– Washington allowed Genet to live within U.S. by granting him political asylum

• Anti-British sentiment rose in 1794 when British Royal Navy seized American merchant ships trading with French in West Indies

Jay’s Treaty and Pinckney’s Treaty

• Hamilton wanted to restore positive relations between England and United States, so he appointed special commissioner John Jay (not Jefferson) as ambassador to England

– John Jay was Federalist (coauthored Federalist Papers)

– Jay’s Treaty negotiated new commercial relations between U.S. and Britain and also withdrew British soldiers from Northwestern Territories (giving Americans undisputed claim to entire Northwest)

– Jay’s Treaty was attacked by nearly all Republicans (led by Jefferson) and Federalists who were pro-French

• Thomas Pinkney negotiated with Spain border along Northern Florida (31st Parallel) and allowed Americans into New Orleans and across Mississippi R.

– Signed in 1795 known as Pinckney’s Treaty

Election of 1796

• Washington established precedent of serving 2 terms in Executive Office

• John Adams, a Federalist (former V.P.) won election against Republican Jefferson

– Adams President, Jefferson Vice President=Divided central govt.

• Hamilton created too many enemies to become Federalist Party frontrunner

• Adams and Pinckney were Federalist nominees, with Pinkney being favored alternative to Adams (Hamilton wanted Pinkney)

• Adams won the ballot, with Jefferson finishing second

The Quasi War with France

• Relations better with Britain, but France impresses (captures) American privateers and sailors and forced them into their navy

• Known as the Quasi-War

• Trying to halt capture of U.S. sailors, Adams sends delegation consisting of John Marshall, Charles Pinckney, Elbridge Gerry to negotiate with France

– Delegates approached by 3 French agents who were became known as “Messrs. X, Y, and Z”

– “X, Y, and Z” wanted bribe to resume delegations, to which Americans did not pay

– XYZ Affair placed U.S. in an undeclared war with France

• Napoleon Bonaparte resolved conflict with Americans in 1800, and established new commercial agreements ending the Quasi War

Repression and Protest Under Adams

• Adams passed Alien and Sedition Acts which allowed federal government to stifle political opposition to Adams (Sedition Act) and strengthened executive branch’s power in deporting foreigners (Alien Act)

• Vice President Jefferson, going behind Adam’s back, along with James Madison, issued the Kentucky and Virginia Resolutions of 1798-1799

– Formed a “Compact” between states and Federal govt. (states had sovereignty and power away from Federal Govt.)

– States had the right to “nullify” a law that is unconstitutional

– Only Virginia and Kentucky passed resolutions, which did not gain nation-wide support

THE JEFFERSONIAN ERA

Chapter: 7

Ryan Lafler

Educational Reform

• Public schooling not universal, Democratic-Republicans (a.k.a. Republicans) wanted all white male children to receive education

• Private Schooling established education for wealthy aspiring to become members of nation’s elite

– New England had more secular schools than those of Middle and Southern States

• “Republican Mother” idea that women should receive education for instruction of children for betterment of society

– Argued by Judith Sargent Murray and Benjamin Rush

• College Education (Higher Education) was limited almost exclusively to those training to be in Clergy, many professions were trained as apprentices to masters

• Indians seen as “Noble Savages” and viewed as “backwards”- govt. did little to promote Indian education (left up to missionaries and their religious schools)

American Cultural Independence

• After Independence, Americans wanted to sever ties to Europe and develop lifestyle and culture of their own (cultural independence)

• Poems argued about America being the “seat of empire”, and Noah Webster sought to encourage distinctive culture to unify new nation by creating American Spelling Book and An American Dictionary of the English Language

• Printers preferred English authors (didn’t charge royalty) to American authors, but that didn’t discourage them

• Charles Brockden Brown created poems with American themes (not successful) but Washington Irving became leader of American literary life

– Many American writers struggled to create distinctive native literature separate from that of Europe

• Mercy Otis Warren published works of history that featured American heroism and nationalism as seen in her History of the Revolution

• Mason Weems published Life of Washington which created myth of Washington being truthful about cutting down the cherry tree

Religious Reform , The 2nd Great

Awakening, and Revival • Evangelicalism: Members of any Protestant Denomination who believed in the

sole authority of Bible and that Jesus was savior of humanity; believed the gospels should be fervently spread to new Protestant converts

• Deism (belief in supreme being who removed himself from human affairs), Unitarianism (no Holy Trinity), and Universalism (religion universal human quality) challenged established churches

– Religious skepticism emerged and denied ideals of Predestination

• Evangelists from many Christian denominations staged comeback to traditional church forms in 1801 (i.e. Methodism, Baptism, and Presbyterianism)

• Membership in churches that embraced revival increased as Evangelists toured the countryside in “camp meetings” that spread message of accepting God into daily lives, ending support for Predestination, and gaining salvation through faith and good works

– Cane Ridge Revival was camp meeting that was attended by 25,000 people

• Many women flocked to camp meeting revivals to find foundation for declining marriages and traditional social life (women move from home to factories)

Religious Reform , The 2nd Great

Awakening, and Revival (Cont.) • African Americans embraced revival and heard message of everyone attaining

salvation- black laborers in Gabriel’s Rebellion of 1800 tried to start slave rebellion

• Indians embraced revival as way of preventing more loss to white people (frequent Indian conversions to Christianity in Southern States)

– Indian Prophet Handsome Lake wanted Indians to not follow ways of white man, but also saw Iroquois women move into domestic positions

• “Freethinkers” (people who did not believe in teachings of Second Great Awakening) were targeted by Evangelicals, causing their influence to diminish

• New Light Dissenters: People who altered traditional Church values to be “more compatible” with increasing scientific rationalism

The Rise of Industrial Technology

• Industrialism begins in U.S. with introduction of factory in Rhode Island by Samuel Slater

• Oliver Evans created flour mill and made several improvements to steam engine

• Eli Whitney introduced Interchangeable Parts (led to techniques applied outside of weaponry) and Cotton Gin (transformed American economy)

• South=Agricultural-based economy where raw materials sent to North

• North=Industrial-based economy where raw materials turned into finished/manufactured goods in factories

• Steamboat Clermont by Robert Fulton sailed UPWARDS Hudson R. and facilitated growth of American shipping

• Turnpike Era: Private toll roads constructed by corporations that generated its from traffic between busy commutes (Philadelphia and Lancaster)

• Factory System led to increased populations in cities (factories located in cities) causing workers to leave countryside and join cities- rise of cities and urban life

Jefferson’s and the Republican’s Battle

with the Judiciary Branch • Former President Adam’s “Midnight Appointees” were Federalists (Judiciary

Branch) and posed threat to Republicans in Executive and Congressional Branches

– Jefferson and Republican-Congress attempt to purge Federalists from office (impeachment of Justice Samuel Chase and firing of Judge John Pickering)

• Marbury v. Madison: Midnight Appointee William Marbury awaited his job from Secretary of State James Madison who refused to give Marbury his judgeship

– Marbury appealed, and Supreme Court ruled Marbury had right to position, but Madison did not have to deliver it

– Supreme Court found part of Judiciary Act of 1789 unconstitutional, and stated Congress had no power to place new powers on Judiciary Branch (Constitution had given Judicial Branch its powers, not Congress)

– Supreme Court granted power to NULLIFY unconstitutional acts of Congress- *JUDICIAL REVIEW*

• Federalist Chief Justice John Marshall established Judiciary Branch as equal to the Legislative and Executive Branches

Jefferson Limiting the Power of the

Federal Government?? Or Growing It? • Jefferson, along with Secretary of Treasury Gallatin, cut nation’s debt in ½ and

drastically reduced government spending (eliminated the Whiskey Tax)

– Only sources for govt. revenue came from sale of western lands and custom duties (taxes on transported foreign goods)

• Jefferson drastically reduced size of army (wanted civilian govt. to be more powerful than military) and navy (did not want commerce to continue overseas)

• Jefferson purchased Louisiana Territory from Napoleon Bonaparte which Jefferson justified by using his treaty-making power granted to him by the Constitution

• Jefferson enacted Embargo Act of 1807 which halted American ships from venturing to any foreign port anywhere in the world

– Republican-controlled Congress passed a “Force Act” to give Federal Government power to enforce the Embargo

• Jefferson replaced extreme Embargo with Non-Intercourse Act which reopened American vessels to all foreign ports except Britain and France (Britain and France were major trading partners)

• Congress passed Non-Intercourse Act with Macon’s Bill No.2 which reopened trade with Britain and France UNLESS hostile actions resumed

The Louisiana Purchase

• Treaty of San Ildefonso (1800) gives Louisiana Ter. back to France from Spain

• Haitian Rebellion led by Toussaint L’Ouverture threatened French authority, but was crushed (Haiti would later gain independence from France in 1804)

– Napoleon saw slave rebellion as possible problems for creating his “French Empire in America”

• Spain closed off New Orleans to American shipping on Mississippi R. (even though Spain violated Pinckney’s Treaty), causing Federal Govt. to send Robert Livingstone to negotiate purchase of New Orleans

• Napoleon, after seeing his expeditionary forces died because of weather, negotiates with James Monroe and Robert Livingstone for purchase of entire Louisiana Territory

• Monroe and Livingstone sign treaty which allows them to gain all land to the same extent when France and Spain had owned it

• Government organized Louisiana Territory as various territories with Louisiana becoming a state in 1812

• Jefferson stated Purchase lied within his treaty-making-power; Republican Congress quickly approved it and set aside money to implement its provisions

• Jefferson used Elastic Clause and followed Loose Constructionism when purchasing Louisiana Territory

The Burr Conspiracy

• Burr former Democratic-Republican during Election of 1800, where he and Jefferson tied in Electoral Votes- left up to House of Representatives to elect president: Hamilton doesn’t trust Burr, so he picks “lesser of 2 evils” which is Jefferson (Federalist Charles Pinckney becomes V.P.)

• Essex Junto: New York Federalists who wanted to break-away from U.S. (tunrd down by Hamilton)

• Burr becomes governor of New York under Federalist Party and dueled Hamilton, fatally shot him, and fled to Louisiana Territory to capture Mexico from Spanish

• Rumors surrounded Burr that he wanted to separate Southwest from U.S., Governor Wilkinson reported movement of rebels to New Orleans to Jefferson, who ordered arrest of Burr

• Burr tried in Supreme Court but was acquitted by Federalist Chief Justice John Marshall

Expansion and War

• Napoleonic Wars in Europe caused Britain and France to halt American trading against one another; Native American tribes also saw white encroachment threatening, so they forged alliances with British (Canada) and Spanish (Florida)- all contributed to War of 1812

• Napoleon ordered Continental Blockade (close British trade off to Continental Europe)- neutral ships that landed at British ports could NOT enter Europe

• America vital part of West Indies trade, Britain, in response to Continental Blockade, issued “Orders in Council” which ordered blockade of Europe’s coast

• America caught in middle, with either seizure by French or British (British would sail high seas and “impress” American sailors into Royal Navy)

• British Royal Navy known as “floating hell” that contained few volunteers

• Chesapeake-Leopard Incident: American Captain James Barron of Chesapeake refused to allow British to search his ship, British opened fire and dragged 4 men off ship

– Thomas Jefferson and James Monroe did everything to keep the peace between Britain and America during Chesapeake-Leopard Incident

Expansion and War (Cont.)

• Congress passed Embargo Act of 1807 (forbade American ships from leaving U.S.) followed by the end of “Peaceable Coercion” succeeded by Non-Intercourse Act (opened trade up to all nations except for Britain and France)

• Madison succeeded Jefferson, and Congress passed Macon’s Bill No.2 which allowed trade with Britain and France unless they undertook hostile actions

• Americans move into Southwest, taking millions of acres from Indians- Britain suspects American Invasion of Canada, so British forge alliances with Indians

• Tenskwatawa, the Prophet, inspired numerous Indian tribes to unite in a religious revival (like one led by Neolin) with his “capital” being Prophetstown

• Tecumseh travelled to Southern tribes, forged more alliances, and led army to unsuccessfully battle William Henry Harrison (Battle of Tippecanoe): Harrison burned down Prophetstown

• Frontiersmen of North wanted Canada while South wanted Florida- Southern Frontiersmen capture fort at Baton Rouge causing Madison to annex territory

• Frontiersmen on Southern and Northern borders elected “War Hawks” who favored nationalism, Republican values, and war with Britain

– Henry Clay and John Calhoun were War Hawks, Clay became Speaker of the House and agitated for Invasion of Canada, Madison signed War w/ Britain

War of 1812

• Spurred by War Hawks (Clay and Calhoun) in Congress and urged President Madison to invade Canada, which ultimately started the War of 1812

– American soldiers move to Canada through Detroit (less Federalists than in New York)

– William Henry Harrison weakened Native Americans by killing Tecumseh in Battle of Thames

• British Invade after surrender of Napoleon in 1814, burn Washington D.C., and tried to invade Baltimore (which was protected by Fort McHenry: Star Spangled Banner)

• Battle of New Orleans: Happened after War, Andrew Jackson scored massive victory against invading British forces approaching New Orleans

• Hartford Convention: New England region Federalist delegates (Northern states) met to address growing influence of Southern and Western States

• Treaty of Ghent: Hastily drawn up treaty that ended War of 1812 and resumed all territorial claims back to the status-quo

MADE BY: RYAN LAFLER

A Survey: American History, Alan Brinkley