Launching the New Ship of State

 

I.                    Growing Pains

a.       Difficulty In Accepting the Constitution

                                                               i.      Thrown off the British yoke and Articles

                                                             ii.      Spent a decade of lawbreaking and constitution smashing

                                                            iii.      Replacing George III was a necessary evil and needed to be distrusted, watched, and curbed

b.      Population Growth

                                                               i.      1789 – population was doubling every 25 years

                                                             ii.      1790 – First official census – 4 million

                                                            iii.      Cities flourished:

1.      Philadelphia 42,000

2.      New York 33,000

3.      Boston 18,000

4.      Charleston 16,000

5.      Baltimore 13,000

                                                           iv.      90% rural

                                                             v.      5% lived east of the Appalachians

1.      Mostly in Kentucky, Tennessee, and Ohio

2.      In these areas, Spanish and British agents tried to bribe the areas with gold for their “independence”

II.                 Washington for President

a.       Washington’s Personality

                                                               i.      Unanimously elected as president (only one)

                                                             ii.      Imposing – 6’2”; 175 lbs

                                                            iii.      Pockmarks from smallpox on nose and cheeks

                                                           iv.      Didn’t take advantage of the office of the president

                                                             v.      Used more common sense and moral character than intelligence

b.      Washington’s Inauguration

                                                               i.      Traveled from Mount Vernon to New York City

                                                             ii.      Greeted by cannon, bells, flower-carpeted roads, singing, and shouting

c.       Cabinet

                                                               i.      This is not written in the Constitution, but it is implied (Art II, Sec II, Para I)

                                                             ii.      Cabinet was made up of:

1.      Thomas Jefferson (Secretary of State)

2.      Alexander Hamilton (Secretary of Treasury)

3.      Henry Knox (Secretary of War)

III.               The Bill of Rights

a.       Drawing A Bill of Rights

                                                               i.      Anti-federalists had sharply criticized the Constitution for its failure to provide guarantees of individual rights such as freedom of religious and trial by jury

                                                             ii.      Many State has ratified the federal Constitution on the understanding that it would soon be amended to include such guarantees, so this was Congress’ top priority

b.      James Madison & Amending the Constitution

                                                               i.      Fearing that a new convention would unravel the federalist victory in the ratification struggle, James Madison determined to draft the amendments himself

                                                             ii.      He guided them through Congress, where his intellectual and political skills were quickly making him the leading figure

c.       Bill of Rights Adopted (1791)

                                                               i.      The first 10 amendments

                                                             ii.      Safeguard basic rights:

1.      Freedom of religion, speech, press, assembly, petition

2.      Right to bear arms

3.      To be tried by a jury

4.      Prohibits cruel and unusual punishment

d.      9th Amendment

                                                               i.      To eliminate the danger that people might think that the listed rights were the only ones protected, Madison inserted this amendment, which said that people have rights that aren’t listed

e.       10th Amendment

                                                               i.      In a gesture of reassurance to the advocates of States’ rights, he included this amendment, which reserves all rights not stated directly in the Constitution or prohibited by it to the States or the people

f.        Judiciary Act of 1789

                                                               i.      The act:

1.      Created federal courts

2.      Organized the Supreme Court with a chief justice (John Jay) and 5 associates

3.      Organized the federal district and circuit courts

4.      Established the office of attorney general

IV.              Hamilton Revives the Corpse of Public Credit

a.       Hamilton’s Personality

                                                               i.      From the British West Indies

                                                             ii.      Critics thought he loved his country more than his people

                                                            iii.      Was a financial wizard

                                                           iv.      Often thrust his hands into the affairs of other departments

b.      Correcting the Economy

                                                               i.      Set out to correct the economic problems that had crippled the Articles

                                                             ii.      His plan was to shape the fiscal policies of the administration in such a way as to favor the wealthier groups.  They, in turn, would gratefully lend the government monetary and political support.  The new government would thrive and prosperity would trickle down to the masses

c.       Hamilton’s Plan – Bolstering the National Credit

                                                               i.      Without public confidence in the government, Hamilton could not secure the funds with which to float his risky schemes

                                                             ii.      Therefore, he asked Congress to pay the national debt ($54 million) and the debt that the States had owed ($21.5 million)

                                                            iii.      Hamilton believed that the federal government assuming all the States’ debts would secure them more into the union

                                                           iv.      Thus, the secretary’s maneuver would shift the attachment of wealthy creditors from the States to the federal government.  The support of the rich for the national administration was a crucial link in Hamilton’s political strategy of strengthening the central government

d.      Proponents and Critics of Hamilton’s Plan

                                                               i.      States with heavy debts – loved Hamilton’s plan

                                                             ii.      States with small debts – didn’t like it because they wanted to have the power to be able to pay off debts

                                                            iii.      Virginia –

1.      Had a small debt and didn’t like Hamilton’s plan, but they wanted the District of Columbia to be located on the Potomac River for commerce and prestige

2.      So, there was a trade off – Virginia’s debt would be assumed if they voted positively for it, and they could have DC on the Potomac

V.                 Customs Duties and Excise Taxes

a.       National Debt A Blessing?

                                                               i.      Hamilton believed in some ways that the national debt was a blessing that would hold the union together.  The more creditors to whom the government owed money, the more people there would be with a personal stake in the success of his ambitious enterprise

b.      Where Was the Money to Come From?

                                                               i.      Tariffs depended on foreign trade

                                                             ii.      First tariff law was passed by Congress in 1789.  It’s intent was to:

1.      Raise revenue

2.      Protect beginning industries

                                                            iii.      Envisioning the Industrial Revolution in the future, Hamilton argued for more/higher tariffs.  However, Congress was dominated by the agricultural and commercial interests, and it voted only two slight increases in the tariff during Washington’s presidency

c.       Excise Tax

                                                               i.      Hamilton sought more revenue from an excise tax on a few domestic items, notably whiskey

                                                             ii.      It was 7 cents per gallon

                                                            iii.      This tax was mainly put on distillers who lived in the backcountry and sometimes used whiskey as payment

                                                           iv.      They had trouble transporting it on the bad roads, so they already had to lower the price

                                                             v.      Excise tax definition - tax laid on the manufacture, sale, or consumption of goods and/or the performance of services.  Excise taxes are often called “hidden taxes” because they are collected from producers who then figure them into the price that the retail customer finally pays.  For example, these taxes are put on beer, tobacco, firearms, airline tickets, and more

VI.              Hamilton Battles Jefferson for a Bank

a.       Hamilton Wants A National Bank

                                                               i.      Hamilton proposed the U.S. have a national bank modeled on the Bank of England

                                                             ii.      He proposed:

1.      A powerful institution

2.      The government would be the major stockholder

3.      The federal Treasury would deposit its surplus monies

                                                            iii.      The purpose of the bank:

1.      To have a convenient and strong bank for the federal government

2.      Federal funds would stimulate business by remaining in circulation

3.      The bank would print money, thus providing a sound and stable national currency

                                                           iv.      His view was the liberal contructionalist viewpoint

b.      Jefferson Doesn’t Want A National Bank

                                                               i.      Argued against the bank because he thought there was no specific authorization in the Constitution

                                                             ii.      He was convinced that all powers not specifically granted to the central government were reserved to the States as in the 10th Amendment.  As a result, the States, not Congress, had the power to charter banks

                                                            iii.      His view was the strict constructionalist viewpoint

c.       Hamilton’s Response To Jefferson

                                                               i.      Argued that the Elastic clause of the Constitution stipulates that Congress may pass any laws “necessary and proper” to carry out the expressed powers in the Constitution This establishes the doctrine of implied powers

                                                             ii.      The government was empowered to collect taxes and regulate trade.  In carrying out these basic functions, Hamilton argued that a national bank would be not only “proper,” but “necessary”

                                                            iii.      His view was the liberal contructionalist viewpoint

d.      Conflict Between the 10th Amendment and the Elastic Clause

                                                               i.      10th Amendment – Restricts the federal government to those powers delegated to it by the Constitution and gives all other powers to the States, or the people

                                                             ii.      Elastic Clause – Grants the federal government the power to make all laws which shall be necessary and proper for carrying into execution the foregoing (expressed) powers

                                                            iii.      The conflict between these two ideas is the determination of which group, the federal government of the States and their people, has the right to exercise powers that have not been expressly delegated to the central government

e.       Hamilton Gets the Bank

                                                               i.      Hamilton’s views prevailed

                                                             ii.      The most enthusiastic support for the bank naturally came from the commercial and financial centers of the North, whereas the strongest opposition arose from the agricultural South

                                                            iii.      In 1791, Congress chartered the Bank of the United States for 20 years

VII.            Mutinous Moonshiners in Pennsylvania

a.       Whiskey Rebellion

                                                               i.      Occurred in southwestern PA in 1794

                                                             ii.      It sharply challenged the authority of the new government

                                                            iii.      Hamilton’s high excise tax  caused resentment to the distillers

                                                           iv.      They tarred and feathered revenue officers, bringing collections to a halt

b.      Washington’s Response

                                                               i.      Washington summoned the militia of several States (he and Hamilton both went to PA for support)

                                                             ii.      There was much doubt as to whether men in other States would suppress a rebellion in a fellow State

                                                            iii.      An army of 13,000 marched to western PA, where the people rebelling were overawed, dispersed, or captured

c.       Consequences of the Whiskey Rebellion

                                                               i.      Three rebels were killed

                                                             ii.      Washington’s government commanded a new respect (first test of new gov’t)

                                                            iii.      Established federal government’s right to enforce laws

                                                           iv.      However, some condemned the administration’s brutal display of force

VIII.         The Emergence of Political Parties

a.       Financial Success At the Expense of States’ Rights

                                                               i.      Hamilton established a sound credit rating.  The Treasury could now borrow needed funds in the Netherlands on favorable terms

                                                             ii.      However, his successes:

1.      Assumption

2.      Excise tax

3.      Bank

4.      Suppression of the Whiskey Rebellion

                                                            iii.      came at the expense of States’ rights

                                                           iv.      Many people may not have ratified the Constitution had they known so many States’ rights would be taken away

b.      Political Parties Develop

                                                               i.      Political parties were unknown in America when George Washington took his inaugural oath

                                                             ii.      There had been Whigs and Tories, federalists and anti-federalists, but these groups were factions rather than parties.  They had sprung into existence over hotly contested special issues; they had faded away when their cause had triumphed or fizzled

                                                            iii.      Organized opposition in government seemed to be tainted with disloyalty and was against the unity that the Revolution had inspired

                                                           iv.      Now, out of resentment of Hamilton’s policies, an organized opposition began to build

                                                             v.      Jefferson and Madison organized their opposition to the Hamiltonian program in Congress and did not intend to create a long-lived and popular party

                                                           vi.      However, newspapers spread their political message (and Hamilton’s) and political parties began to emerge

c.       The Two-Party System

                                                               i.      Has existed in the U.S. ever since (Democratic-Republicans and Federalists were the first)

                                                             ii.      In spite of early suspicions about their being detrimental to democracy, their competition for power has actually proved to be among the indispensable ingredients of a sound democracy.  For example, the party out of power watches the party in power and tries to counterbalance them

IX.              The Impact of the French Revolution

a.       French Revolution Begins

                                                               i.      As Washington’s second term began, foreign policy issues brought the differences between the Democratic-Republicans and Federalists to a fever pitch

                                                             ii.      In 1789, the French Revolution began

                                                            iii.      The French Revolution affected much of the Western world

                                                           iv.      It lasted for 26 years

b.      American Opinion of the French Revolution From 1789-1792

                                                               i.      The war was surprisingly peaceful at first

                                                             ii.      Most Americans, since they loved liberty and deplored tyranny, accepted the war

                                                            iii.      They were flattered to think that the outburst in France was but the second chapter of their own Revolution

                                                           iv.      Only a few ultraconservative Federalists who feared change, reform, and “leveling” principles – were against the war

                                                             v.      In 1792, France declared war on hostile Austria

                                                           vi.      Late in that year, America got news that France had proclaimed itself a republic

                                                          vii.      Americans enthusiastically sang “The Marseillaise” and other rousing French Revolutionary songs and changed street names, such as King Street becoming Liberty Street

c.       American Opinion of the French Revolution In 1793

                                                               i.      Soon afterward:

1.      The guillotine was set up

2.      The king was beheaded in 1793

3.      The church was attacked

4.      The deadly Reign of Terror was begun

                                                             ii.      Federalist opinion turned very quickly to be against the war

                                                            iii.      Democratic-Republicans regretted the bloodshed, but they felt that one could not expect to have a revolution without it.  This was the price to pay for freedom

d.      The French Revolution Spreads to the Western Hemisphere

                                                               i.      Britain was drawn into the conflict

                                                             ii.      It eventually spread to the New World

                                                            iii.      Every major European conflict spread to the New World since 1689

X.                 Washington’s Neutrality Proclamation

a.       Franco-American Alliance of 1778

                                                               i.      This was to last forever

                                                             ii.      It bound the U.S. to help the French defend the West Indies against British fleets, who were certain to attack

b.      Democratic-Republican Opinion On the Alliance With France

                                                               i.      Favored honoring the alliance

                                                             ii.      Eager to enter the conflict against Britain, the recent foe

                                                            iii.      America owed France its freedom and now was the time to pay the debt of gratitude

c.       Federalists Opinion On the Alliance With France

                                                               i.      Washington and Hamilton believed that war had to be avoided at all costs

                                                             ii.      Washington reasoned that if America could avoid the broils of Europe for a generation or so, it would then be populous enough and powerful enough to assert its maritime rights with strength and success

                                                            iii.      The strategy of delay – playing for time while the birthrate caused the population to rise – was a cardinal policy of the Founding Fathers.  Hamilton and Jefferson were both in agreement on this issue

d.      Neutrality Proclamation of 1793

                                                               i.      Officially proclaimed America’s neutrality

                                                             ii.      It also warned American citizens to be impartial toward both armed camps

                                                            iii.      Results of the treaty:

1.      Was a major prop for the spreading isolationist tradition

2.      The pro-French Jeffersonians were enraged by it, especially because Washington announced it unilaterally, without consulting Congress

3.      The pro-British Federalists were pleased with it

e.       Citizen Edmond Genet

                                                               i.      A representative of the French Republic who landed at Charleston, SC

                                                             ii.      He tried to fit out privateers and otherwise take advantage of the existing Franco-American alliance

                                                            iii.      He came to believe that the Neutrality Proclamation did not reflect the true wishes of the American people, and he embarked upon activity that was not authorized by the French alliance:

1.      Recruitment of armies to invade:

a.       Spanish Florida

b.      Louisiana

c.       British Canada

                                                           iv.      The president demanded Genet’s withdrawal and the Frenchman was replaced

f.        American Neutrality Prevails

                                                               i.      In 1778, both France and America stood to gain

                                                             ii.      In 1793, only France stood to gain

                                                            iii.      This proves that self-interest is the basic cement of alliances

                                                           iv.      France never officially called on America to honor the alliance

                                                             v.      American neutrality favored France:

1.      The French West Indies needed Yankee foodstuffs

2.      If the Americans had entered the war at France’s side, the British fleets would have blockaded the American coast and cut off those essential supplies

XI.              Embroilments With Britain

a.       Northern Frontier Posts

                                                               i.      Britain had been retaining the chain of northern frontier posts on U.S. soil, all in defiance of the peace treaty of 1783

                                                             ii.      The London government was reluctant to abandon the lucrative fur trade in the Great Lakes region and also hoped to build up an Indian buffer state to contain America

b.      Miami Confederacy

                                                               i.      1790-91 - The British traded to the Miami Confederacy, an alliance of 8 Indian nations who terrorized Americans invading their lands (specifically the Ohio area).  They gave the Americans one of their worst defeats in the history of the frontier, when they killed hundreds of soldiers

                                                             ii.      1794 – General “Mad Anthony” Wayne routed the Miamis at the Battle of Fallen Timbers.  The British refused to shelter Indians fleeing from the battle

                                                            iii.      As a result, the Indians offered Wayne peace

                                                           iv.      1795 – Treaty of Grenville was signed.  The confederacy gave up vast tracts of the Old Northwest, including most of present-day Indiana and Ohio.  In exchange, the Indians received:

1.      A lump-sum of $20,000

2.      An annual annuity of $9,000

3.      The right to hunt the lands they had ceded

4.      Recognition of their sovereign status

                                                             v.      The Indians were satisfied that the treaty put some limits on the ability of the United States to decide the fate of Indian peoples

c.       French West Indies

                                                               i.      The British were eager to starve out the French West Indies

                                                             ii.      They naturally expected the U.S. to defend them under the Franco-American alliance

                                                            iii.      Commanders of the Royal Navy:

1.      Seized 300 American merchant ships in the West Indies (violated freedom of the seas principle – a state may not claim sovereignty over the seas)

2.      Impressed many seamen into service on British vessels

3.      Threw hundreds of others into foul prisons

                                                           iv.      These actions incensed patriotic Americans

                                                             v.      Some (mainly from the Democratic-Republicans) suggested that America should once again fight George III in defense of its liberties (it would later lead to the War of 1812).  In addition, at the least there should be a nationwide embargo

                                                           vi.      However, Hamilton’s high hopes for economic development depended on trade with Britain.  War might end his plans

XII.            Jay’s Treaty and Washington’s Farewell

a.       John Jay Sent To London

                                                               i.      In 1974, to avert war, Washington sent Chief Justice John Jay to London

                                                             ii.      Jeffersonians were unhappy by the choice, since he was a notorious Federalist and Anglophile who they thought would sell out his country

b.      Jay’s Treaty (settlement over violations of Treaty of Paris of 1783)

                                                               i.      Hamilton, who feared war with Britain, secretly sent the British with the details of America’s bargaining strategy

                                                             ii.      As a result, Jay won few concessions

                                                            iii.      The British:

1.      Promised to evacuate the chain of posts on U.S. soil – a pledge that inspired little confidence since John Jay had made a treaty about that before

2.      Britain consented to pay damages for the recent seizures of American ships.  However, they didn’t pledge to do anything about future about:

a.       Maritime seizures

b.      Impressments

c.       Supplying arms to Indians

3.      Forced the Americans to pay the debts still owed to British merchants on pre-Revolutionary accounts

4.      Allowed for the establishment of a commission to settle U.S.-Canada border disputes

c.       Results of Jay’s Treaty

                                                               i.      It vitalized the newborn Democratic-Republican party.  The treaty seemed like a surrender to the British

                                                             ii.      In addition, it was a betrayal to Southern planters, who would have to pay the major share of the pre-Revolutionary debt, while Federalist shippers were collecting damages for recent British seizures

                                                            iii.      Effigies of John Jay were burned and Washington’s popularity suffered

                                                           iv.      It also led to the following treaty with Spain

d.      Pinckney’s Treaty

                                                               i.      Fearing that the treaty foreshadowed an Anglo-American alliance, Spain moved hastily to strike a deal with the U.S.

                                                             ii.      This treaty granted the Americans virtually everything they demanded:

1.      Free navigation of the MI River

2.      The disputed territory of FL

3.      Gave western farmers the right to use New Orleans as a port for their goods

e.       Washington’s Retirement

                                                               i.      Exhausted after the diplomatic and partisan battles of his second term, President Washington decided to retire

                                                             ii.      His choice contributed powerfully to establishing a two-term tradition for American presidents

                                                            iii.      In his Farewell Address in 1796 (printed in newspapers, not given orally), Washington strongly advised the avoidance of “permanent alliances”

                                                           iv.      Washington only favored temporary alliances for emergencies only

f.        Washington’s Legacy

                                                               i.      The central government was now fiscally sound

                                                             ii.      Washington had kept the nation out of foreign wars

                                                            iii.      Established a strong national government

                                                           iv.      Washington had proved that the Constitution could work

XIII.         John Adams Becomes President

a.       Who To Succeed Washington?

                                                               i.      Hamilton – Was the best-known member of the Federalist party other than Washington.  However, his financial policies, which had fattened the speculators, had made him so unpopular that he could not hope to be elected president

                                                             ii.      Adams – Washington’s vice-president

                                                            iii.      Jefferson – The Democratic-Republican leader

b.      Campaigning

                                                               i.      Focused on personalities

                                                             ii.      Anti-Federalist – Also focused on the too-forceful crushing of the Whiskey Rebellion and Jay’s Treaty

c.       John Adams

                                                               i.      Adams because president (71 votes) and Jefferson became vice-president (68 votes)

                                                             ii.      Was short (5’7”), fat, and bald)

                                                            iii.      He impressed observers with his principles and stubborn devotion

                                                           iv.      However, he was an intellectual, tactless aristocrat, with no appeal to the masses and no desire to cultivate any

                                                             v.      He also stepped into Washington’s shoes, which no successor could hope to fill

d.      Alexander Hamilton

                                                               i.      Hamilton resigned from the Treasury in 1795

                                                             ii.      He secretly plotted with certain members of the cabinet against the president

XIV.         Unofficial Fighting With France

a.       French Reaction To Jay’s Treaty

                                                               i.      The French believed the treaty to be a step toward an alliance with Britain, their foe

                                                             ii.      They believed it to be in violation with the Franco-American Treaty of 1778

                                                            iii.      As a result

1.      French warships, in retaliation, began to seize defenseless American merchant vessels (about 300 by mid-1797)

2.      France refused to accept American diplomats

b.      XYZ Affair

                                                               i.      He tried to reach an agreement with the French

                                                             ii.      He appointed a diplomatic commission of three men, including John Marshall, the future chief justice

                                                            iii.      In Paris in 1797, the envoy hoped to meet Talleyrand, the crafty French foreign minister

                                                           iv.      They were approached by three go-betweens, later referred to as X, Y, and Z in published accounts

                                                             v.      They demanded:

1.      A loan of 32 million florins (a British coin worth two shillings)

2.      A bribe of $250,000 for the privilege of merely talking with Talleyrand

                                                           vi.      These terms were intolerable.  The bribes were standards in Europe, but to pay a quarter of a million dollars without knowing the outcome of the talks was impossible

                                                          vii.      The negotiations were quickly over

c.       Results of the XYZ Affair

                                                               i.      War hysteria swept through the U.S.

                                                             ii.      The Navy Department was created

                                                            iii.      The U.S. Marine Corps was reestablished (it was originally created during the Revolutionary War, but was disbanded afterwards)

                                                           iv.      A new army of 10,000 men was authorized (but not fully raised)

d.      War With the French In the Sea

                                                               i.      1798-1800 - Bloodshed was confined to the sea

                                                             ii.      80 French vessels were captured, but several Yankee merchant ships were lost to the French

XV.           Adams Puts Patriotism Above Party

a.       France Wises Up

                                                               i.      The British, who were lending the Americans cannon and other war supplies, were actually driven closer to them than they had been for many years

                                                             ii.      France realized that they didn’t want war with both Britain and America

                                                            iii.      Talleyrand let it be known that he would receive a new minister if one was sent to France

                                                           iv.      Adams, who could’ve let a war happen and if he won it and got Louisiana and Florida, he would certainly win the next election.  However, he didn’t want war and sent another three ministers to France

b.      Napoleon’s Aims in America

                                                               i.      Had recently seized dictatorial power in France

                                                             ii.      Wanted to:

1.      Free himself of any arguments with America

2.      Continue his fighting in Europe

3.      Create a New World empire in Louisiana

c.       Convention of 1800

                                                               i.      France agreed to annul the 22-year old treaty with America

                                                             ii.      U.S. agree to pay the damage claims of American shippers

d.      Result of the Convention of 1800

                                                               i.      Adams preserved peace (if he hadn’t the U.S. may not have gotten the LA purchase)

                                                             ii.      It smoothed a path to the Louisiana purchase in 1803

XVI.         The Federalist Witch Hunt

a.       Stifling Democratic-Republicans and the Alien Law (1798)

                                                               i.      The Federalists capitalized on the anti-French frenzy to drive through Congress in 1798 laws designed to stifle or minimize their Jeffersonian foes

                                                             ii.      How the parties felt about immigrants:

1.      Federalist party (aristocratic) - Most European immigrants, lacking wealth, were scorned

2.      Jeffersonians (less prosperous and more democratic) - Were welcomed as voters

                                                            iii.      The Federalist Congress, hoping to discourage the “dregs” of Europe, raised the residence requirements for aliens who desired to become citizens from 5 years to 14 years

b.      Other Alien Laws

                                                               i.      The president was empowered to deport dangerous foreigners in times of peace and to deport or imprison them in times of hostilities

                                                             ii.      Even though war with France seemed eminent, this was contrary to the spirit of the Constitution

                                                            iii.      However, the Alien Laws were never enforced

c.       Sedition Act (1798)

                                                               i.      Was a direct slap at two freedoms in the first amendment:

1.      Freedom of speech

2.      Freedom of press

                                                             ii.      The law said that anyone who impeded the policies of the government or falsely defamed its officials would be liable to a heavy fine and imprisonment

                                                            iii.      The law expired in 1801, so that it could not be used against the Federalists if they lost the next election

                                                           iv.      Verbal violence was unrestrained during the day

                                                             v.      The Supreme Court, dominated by Federalists, did not declare the law unconstitutional

d.      Result of the Sedition Act

                                                               i.      Many outspoken Jeffersonian editors were indicted under the Sedition Act

                                                             ii.      10 were brought to trial

                                                            iii.      All of them were convicted, often by Federalist judges

                                                           iv.      Congressman Matthew Lyon was sentenced to four months for writing of President Adams’s “unbounded thirst for ridiculous pomp, foolish adulation (excessive admiring), and selfish avarice (greed for money and abnormal hatred of parting with it”

e.       Downfall of the Federalist Party

                                                               i.      The Federalist Party gained a reputation as being a less democratic party, quickening its demise as a political organization

                                                             ii.      However, the Alien and Sedition Acts commanded widespread popular support because of the anti-French hysteria going on

                                                            iii.      As a result, the Federalists won sweeping victories in the Congressional elections of 1798-1799

XVII.      The Virginia (Madison) and Kentucky (Jefferson) Resolutions

a.       Fears of Having One Party

                                                               i.      Jefferson feared that if the Federalists managed to suppress free speech and free press, they would wipe out other constitutional guarantees

                                                             ii.      His own political party might be wiped out and the country might fall into a dangerous one-party dictatorship

b.      Kentucky and Virginia Resolutions

                                                               i.      Fearing prosecution for sedition, Jefferson secretly penned a series of resolutions, which the Kentucky legislature approved in 1798 and 1799

                                                             ii.      His friend and fellow Virginian, James Madison, drafted a similar resolution which was adopted by the legislature of Virginia in 1798

                                                            iii.      Both men stressed the compact theory:

1.      The 13 States, in creating the federal government, had entered into a “compact” or contract, regarding its jurisdiction.  The national government was consequently the agent or creation of the States.  The individual States were the final judges of whether their agent had broken the “compact” by overstepping the authority originally granted

2.      Using this logic, Jefferson’s Kentucky resolutions concluded that the federal regime had exceeded its constitutional powers and that with regard to the Alien and Sedition Acts, “nullification” – a refusal to accept them – was the “rightful remedy”

                                                           iv.      The federal government had no right to exercise powers not specifically delegated to it

                                                             v.      Called into question the paradox of the Elastic Clause and the Tenth Amendment

c.       Other States and the Resolutions

                                                               i.      No other State legislatures fell into line

                                                             ii.      The Federalist States condemned them.  They argued that the people, not the States, had made the original compact, and that is was up to the Supreme Court – not the States – to nullify unconstitutional legislation passed by Congress (judicial review)

                                                            iii.      This practice was not specifically authorized by the Constitution, but was finally adopted by the Supreme Court in 1803

d.      Results of the Kentucky and Virginia Resolutions

                                                               i.      Their resolutions were to unify the States

                                                             ii.      They were a campaign document designed to crystallize opposition to the Federalist party and unseat it in the upcoming presidential election of 1800

                                                            iii.      It was later used by southerners to support nullification and secession, an intent not counted on by Jefferson or Madison

XVIII.    Federalists Versus Democratic-Republicans

a.       Federalist Characteristics and Beliefs

                                                               i.      Advocated rule by the “best people” and their policies favored the rich (merchants, manufacturers, shippers – lived along the coast)

                                                             ii.      Advocated a strong central government with the power to crush democratic excesses, like Shays’s Rebellion

                                                            iii.      Believed that government should support private enterprise, but not interfere with it

                                                           iv.      Liberal interpretation of the Constitution to keep the central government strong

                                                             v.      Pro-British (trade with them was essential in Hamilton’s plan)

                                                           vi.      National debt was good if properly funded

                                                          vii.      A powerful central bank

                                                        viii.      Restrict some speech and press

                                                           ix.      Strong navy to protect shippers

b.      Democratic-Republican Characteristics and Beliefs

                                                               i.      Appealed to the middle class and to the underprivileged – small farmers, laborers, artisans, small shopkeepers (lived in the hinterland)

                                                             ii.      Advocated a weak central government.  The bulk of power should be with the States because the people would be in closer contact with their public servants and could keep a more vigilant eye on them.  Otherwise, a dictatorship might develop

                                                            iii.      No special favors for business; agriculture was the favored branch of the economy and formed the foundation of his political thought

                                                           iv.      Strict interpretation of the Constitution to keep the central government weak

                                                             v.      Pro-French (believed it was to America’s advantage to support the liberal ideas of the French Revolution)

                                                           vi.      National debt was bad – to be paid off

                                                          vii.      State banks

                                                        viii.      Free speech and press.  Given a choice of “a government without newspapers” and “ newspapers without a government” he would opt for the latter

                                                           ix.      Minimal navy for coastal defense

                                                             x.      Jefferson did not want every white male to vote because they needed to be better educated first.  Universal education would have to precede universal suffrage

                                                           xi.      Jefferson didn’t like slavery, but accepted it as a way that poor farmers could own land without having to afford wages.  Otherwise, propertyless people would be political pawns in hands of their landowning superiors