to Jefferson.

From
Washington…
to Adams…
 French Revolution
• Foreign policy divisions in the US magnify
tension
• Americans initially praised Revolution
(1789), but as executions mount, some
Americans (esp. Federalists) fear disorder
• Democratic-Republicans more sympathetic
• War between France and England (1793)
creates dilemma: USA allied w/ France, but
dependent on trade w/ England
 French Revolution (cont.)
• Genet raised possibility of US intervention
• Washington, Hamilton, and Jefferson agree
on pursuing impartiality (neutrality)
• Democratic-Republican societies form
(1793); grassroots sympathy for France and
public opposition to Hamilton’s Federalists
• See themselves as new Sons of Liberty, but
President horrified by organized dissenters
 Relations w/ Great Britain
• Want England to respect neutral rights,
evacuate frontier posts, compensate for
slaves freed, and sign a commercial treaty
• But Jay had little to offer; able to avert war
in 1795 treaty, plus got evacuation of forts
and some protection of US trade
• Many Americans, especially in South and in
Democratic-Republican societies upset
 Partisan Divisions in Congress
• In tension w/ House, President establishes
executive privilege to withhold information
• By 1794, congressional votes display
emerging partisanship (voting as a group)
• Democratic-Republicans strong in South and
w/ non-English, small farmers
• Federalists supported by New Englanders,
Anglo-Americans, and merchants
 Partisan Divisions in Congress (cont.)
• Democratic-Republicans want opportunity
and westward expansion; Federalists stress
order and stability
• Federalists more pro-English; Democratic-
Republicans lean more to France
• Not modern organized political parties
• (1796) First contested presidential election
 Election of 1796
• Washington’s Farewell: establishes principle
of unilateralism in foreign policy and attacks
legitimacy of Democratic-Republicans
• Adams and Pinckney (Federalists) vs.
Jefferson and Burr (Democratic-Republicans)
• Adams wins presidency, but Jefferson
becomes vice-president
• Constitution does not expect party slates
President
Adams
 Quasi-War w/ France and XYZ Affair
• US in a weak position militarily in early days.
Could not easily go it alone, yet alliance with
either France or England dangerous as they fought
each other.
– If joined the loser, would suffer in the end.
– If joined the winner, would be a satellite nation,
losing independence.
– Staying neutral was difficult. Both French and
English attacked US ships.
• Peace at any price not an option, so military
build-up called for.
Quasi-War w/ France and XYZ Affair
• France very angry w/ US for perceived pro-
British slant of later years of Washington
administration. Neutrality and refusal to honor
Rev. War treaty angered them.
– Published decrees ordering that could attack
American vessels and take them to French-
controlled ports for plunder.
– Refused to recognize French ambassador
Charles Pickney.
– Would not talk with Americans until they
changed policies.
 Quasi-War w/ France and XYZ Affair
• Adams inherits this conflict over shipping
rights. French privateers were capturing
American ships. American ships were
losing cargo and money. Many Federalists
agitate for war. Adams desires a middle
course. Build up the military (especially
the Navy) while negotiating.
 XYZ AFFAIR
• Adams sent a secret negotiating team to deal with
the French (Pickney, Elbridge Gerry, and John
Marshall).
– Foreign minister Talleyrand refused to meet them
formally. Sent representatives in private (men
labeled X, Y, and Z) who tried to bribe the
Americans.
– They said Talleyrand would not talk until US paid
any debts owed to France by American citizens, gave
a loan to France, and paid a quarter-million dollar fee
“for the pocket… for the private use of the minister.”
In other words, a bribe. The American negotiators
refused.
 John
Marshall
• “Money, money, money” says the 5-headed figure representing
the Directory of the French govt. Notice the guillotine at the right.
 XYZ AFFAIR
• The negotiations eventually became public
knowledge. The attempted bribery
infuriated Americans. The XYZ affair
pushed America to the brink of war with
France. Adams began building a large navy
in case war came. War fever spread
amongst Americans.
 SEDITION ACTS
• Politics generally becoming uglier in
this time. Partisanship was on the rise.
• Republican press exposes Alexander
Hamilton’s affair with Maria Reynolds
and payments to James Reynolds to
keep things quiet. Appears that Mr. and
Mrs. Reynolds were in on the affair
together for extortion.
– Hamilton paid more than $1000 (in excess
of $16,000 in today’s currency) in
blackmail money.
 SEDITION ACTS
• Federalists began forming societies to
promote a possible war (that Adams,
without their knowing, had no intention of
fighting) and began sending letters of
support to Adams. “Stand behind” the
president letters. “Millions for defense, but
not one cent for tribute.” “To be lukewarm
is to be criminal,” said on NY newspaper.
 SEDITION ACTS
• Newspaper business a tough one at this time.
Many tried, but few succeeded. A real
gamble to try and be successful.
• Perhaps the gamble is what gave rise to
excessive speech. Insults were hurled.
Newspapers were not independent, but
partisan.
 SEDITION ACTS
• Benjamin Franklin Bache (pronounced Beech) was a
Republican. The Aurora.
– Attacked even G. Washington: Administration tainted
with “dishonor, injustice, treachery.…” “If ever a
nation had been debauched by a man, America was
debauched by WASHINGTON…. Let his conduct be
an example for future ages… a warning that no man
may be an idol.”
– Called Adams, “old, bald, blind, querulous, toothless
[and] crippled.”
– Once got into a street fight with John Fenno, a
Federalist publisher, over accusations made in Bache’s
paper. They punched, Fenno bit Bache, Bache beat
Fenno back with a cane (walking stick). Bystanders had
to pull them apart. Each wrote up their own version in
their papers and accused the other of cowardice in
running away.
 SEDITION ACTS
• William Corbett, Federalist publisher. Porcupine’s Gazette.
Fired sharp quills at the enemy Republicans. Wrote as
Peter Porcupine.
– Of Bache: “All the world knows and says he is a liar; a fallen
wretch; a vessel formed for reprobation; and therefore we should
always treat him as we would a TURK, a JEW, a JACOBIN, or a
DOG.”
– Letter to the editor (maybe): “I have often observed, in looking
over Bache’s paper, that he never has any advertisements relating
to mercantile business…. [I]t is that merchants are ashamed to
have their names seen in so scandalous a paper or think it would be
of little or no use to advertise in it on account of their being so
few- except poor, ignorant, low-bred Jacobins- who take pains
enough to read it.” Editor replies: “…[I]f you wish to continue to
deserve your name, you should immediately cease to read Bache;
for if you have the virtue of an angel, frequent converse with him
will corrupt you.”
 SEDITION ACTS
The Federalists used the war fever as an opportunity to
pass the Alien and Sedition Acts. Acts presented as a
way to protect America from French enemies in this
country; but were really an opportunity to try and
control the Republican party.
• Alien Acts- increased the amount of time necessary for
an immigrant to become a citizen (most immigrants
voted Republican); allowed the President to jail and/or
deport "enemies"- an increase of presidential power.
• Sedition Acts- a series of laws that made it illegal to
criticize the President and his (Federalist) govt.
Clearly an attempt to scare the Republicans into
silence.
 Actual trials under the Acts.
Sedition Acts:
• Luther Baldwin. At parade as Pres. Adams passed through on
way to Quincy. Cannon fired. “I hope one hits him in the
[rump].” $100 fine.
• Rep. Matthew Lyon.
– Background. Fought on the floor of Congress with Federalist
Roger Griswold. During debate, Lyon spat in Griswold’s face. 2
wks later, Griswold walked over to Lyon and began beating him
with a cane. Lyon grabbed the tongs from a nearby fireplace and
the fought. Had to be pulled apart while rolling on the floor.
– Between sessions when at home, Republican Lyon criticized
Adams in local paper. 4 months in jail and a $1,000 fine. Put in
jail in midwinter in an unheated cell. Backfired on Federalists-
reelected from jail and returned triumphantly to Philadelphia.
Republicans collected money to pay his fine.
Lyon-Griswold Brawl
 Actual trials under the Acts.
• Jedidiah Peck, NY assemblyman. Indicted for passing
about petition for repeal of Alien and Sedition Acts.
Never came to trial.
• David Brown, Dedham Mass. Put up a liberty pole and
sign: “NO STAMP ACT, NO SEDITION AND NO
ALIEN ACTS…DOWNFALL TO TYRANTS OF
AMERICA; PEACE AND RETIREMENT TO THE
PRESIDENT; LONG LIVE THE VICE PRESIDENT
AND THE MINORITY.” Small fight between Reps
and Feds before Feds were able to chop it down. $450
fine (4 to 5 times the yearly cash income of a family
farm) and 18 months in jail. Stiffest sentence of all
sedition act punishments.
KENTUCKY RESOLVES AND STATE'S RIGHTS
Jefferson was furious over the Sedition
Acts. They were an attack on him, his
party, and he believed they were absolutely
unconstitutional.
The Acts violated strict construction,
which he believed should limit government
activities.
He wrote the Kentucky Resolves: This
was a document passed by the Kentucky
legislature expressing outrage at the
Sedition Acts.
KENTUCKY RESOLVES AND STATE'S RIGHTS
State's Rights Philosophy: The Kentucky Resolves
said that if the federal govt. passed a law that the
Constitution did not give it power to pass, the
state could "nullify" that law. When declaring a
federal law "null and void," a state would be
refusing to enforce the federal law, or allow it to
be enforced, within its borders.
This philosophy allows states to protect
themselves from a power hungry federal govt.
This is a very radical philosophy. Many
years later, southerners revived this philosophy
and used it as a basis for breaking away from the
Union, thus beginning the Civil War.
 THE CAMPAIGN OF 1800
J. Adams versus his Vice-President Thomas
Jefferson.
This campaign conducted in the days when
candidates did not actually do much. Political
operatives did all the work.
This campaign was often very ugly: both sides
making terrible accusations.
Jefferson overcomes slander, the legitimate
challenge of Adams, and intrigue by his vice-
presidential candidate Aaron Burr to win the
election by a very slender vote in the House of
Representatives.
 A Campaign of Attacks
Accusations against Adams (fewer because of Sedition
Acts)- that he favored monarchy and aristocracy; that he
was the enemy of liberty (Sedition Acts); that he was
arrogant, over-blown, etc; that he was too close to the
British.
• Specific Rumors…
– “expressed himself in favor of an hereditary President…”
– had plotted to marry one of his 3 sons to a daughter of King
George III to begin an American dynasty and had been stopped
by George Washington’s threat of force.
– had sent General Pinckney to England to bring back 4 pretty
ladies to share as mistresses. (Adams joked…” if this is true
General Pinckney has kept them all for himself and cheated me
out of my two.)
 A Campaign of Attacks
Accusations against Jefferson-
1. He was soft on slavery: Southern states were concerned
that he may try to abolish slavery.
2. Financial problems: Jefferson was deeply in debt. He
did not manage his financial affairs very well. Sometimes
he was accused of shady business deals.
3. Atheism: Jefferson was not a terribly religious man.
Like Ben Franklin, a deist. This concerned many, and
Federalists distorted his views.
4. Immorality: TJ was accused of having an on-going affair
and children with a slave girl, Sally Hemmings. Really only
hinted at in the 1800 election, but these stories were
published more aggressively by a political enemy of TJ,
James Callender, in the 1804 election cycle. This issue is
still discussed and debated about Jefferson.
 THE CAMPAIGN OF 1800
Elections in 1800 much more complicated than today.
Not a single election day, but a patchwork of elections.
• Only direct national election was for House. Senate
and Pres. elected indirectly.
• 10 of 16 states had Pres. electors appointed by State
Legislatures, so for Pres. election crucial to win
preceding state legislature votes. Party that wants to win
needs to start early in getting its state legislature
candidates elected.
• Most states had two houses, which had to come to
agreement on elector choices. This complicated matters.
• Actual electorate was small- number of eligible
voters was limited by restrictions; only 31% of eligible
in Mass. voted; only 14% of eligible in Conn. voted.
 THE CAMPAIGN OF 1800
“Real” election was Dec. 3, when electoral
votes cast in the states. Then those votes
were sent to the capital to be counted.
• In the middle of December that it became
apparent that one party would win but still a
long process ahead.
• In Feb. the votes counted in Congress.
• In March, new president to take office.
1. Election of 1800: The rise of political parties caused
flaws in the electoral college
Parties chose their candidates and electors
would vote for them
Federalists Democratic Republicans
Adams--Pres---65 Jefferson---Pres.---73
Hamilton---VP Burr---VP----73

2. Led to a tie between Jefferson and Burr----House of

Representatives chose Jefferson.
3. To eliminate future problems
12th Amendment: Requires electors to specify which
person they want for President and VP on separate
ballots so their would never be a tie.
Election determined in the House of Reps.
Jefferson and Burr tied in the electoral vote.
• Federalists had one electoral voter give a vote to
someone other than the VP candidate to ensure
this didn’t happen. Republicans neglected this.
• When a tie, House decided the matter.
• States voted as states. Majority of states required
to win.
• House still controlled by Federalists (new
members did not take power until March), so they
wanted to deprive TJ of presidency. Willing to
vote for Burr instead.
 Election determined in the House of Reps.
House was supposed to decide “immediately.” Decided to
deal with no other issues until the election was decided.
• Members brought beds in.
• Joseph Hopper Nicholson of MD was very ill.
Carried in on a bed. When votes called, his wife would
help him sit up so he could write Jefferson on his paper.
MD was evenly divided between R and F, so his vote
was necessary to keep election from being controlled by
F’s.
• First day (Feb. 11th), stayed until 3am and took no
fewer than 27 ballots. 9 states needed to win (a simple
majority of the 16 states). Jefferson had 8, Burr 6, and 2
divided so not voting.
• More voting on the 12th and 13. No result. Many
negotiations taking place.
Election determined in the House of Reps.
• Rumors begin to swirl…
– Fed’s are going to try and elect one of their own or
leave Adams in the chair.
– Rep’s will used armed revolt if F’s do that.
• Deal worked out when James Bayard of Del., says
he heard TJ say that he did not believe that
Federalist should be removed from govt. jobs only
for political reasons.
• Md and Vermont Fed’s withheld their votes,
allowing the states’ delegations to go Rep, giving
Jefferson 10 states and making him President.
 JEFFERSON'S FIRST INAUGURAL ADDRESS
In this speech he tried to soften the tone of a nasty campaign.
"We are all Republicans-- we are all Federalists." He was
reaching out to the opposition, and indicating that all
Americans believed in a federal govt. and republican govt.
He embraced certain principles:
 Majority rule- with protection for minorities. He was
aligning himself with democracy more than the Federalists
would.
 Frugal govt- keep finances small, taxes low, and let the
people have their money.
 No foreign entanglements- following precedent of George
Washington
 Pay off govt. debts- and don't create more.
 Freedom of the press (no Sedition Acts), and religion.
***Emphasis: small govt and individual rights.***
 •Jefferson’s Presidency is
considered a transitional period
in US History.
•Many historians look at this
time period as the beginning of
the true democracy in the US.
•Believed National
Government became too
powerful during Adam’s
Presidency
•Would try to reduce National
Govt. power but actually
expands Presidential power.
 •Champion for the common man
•Believed education would prepare
them for participation in
government…..
•For now, educated should rule…
•Believed National Government
became too powerful during Adam’s
Presidency
•Kept most Federalist programs. WHY?
•Washington/Adams laid a solid foundation for USA.
•Pardoned those arrested with Sedition Act
•Repealed the Whiskey tax
•Kept most of Hamilton’s financial policies— including
BUS
•Had Alien Act repealed.
 •Visualized an agrarian society
•Feared industrialization and its effects.
•Farmers were the chosen class.
•Laissez faire govt. (hands off govt.)
•Against BUS but did not repeal it.
•Owned slaves but believed it was evil….Slavery
would end but predicted it would divide
•Native Americans, co-existence a long range goal but
he believed that Natives needed to adopt white ways,
and that, at that time, Indians and whites could not co-
exist. He worked towards removal of tribes to western
lands
•Believed education the key to social mobility Jeffersonian democracy
 Jefferson the first President
inaugurated in Washington, DC
 JEFFERSON AND THE COURTS
In 1801 the Federalist govt. passed a Judiciary
Act, which created many new courts and judicial
jobs.
Adams and his Secretary of State, John Marshall,
spent, literally, the last hours of their
administration filling judicial jobs with
Federalists before TJ took office and appointed
Republicans.
Jefferson accused the Federalists of making a
"retreat to the judiciary" where he couldn't get
rid of them. Threat to Revolution of 1800.
 JEFFERSON AND THE COURTS
One of Adams last appointments-
John Marshall to Chief Justice
of Supreme Court. Marshall
and TJ were cousins, but
political opponents.
Marshall as Chief Justice dealt
Jefferson a major defeat in the
case of Marbury v. Madison.
• For the first time the Sup. Ct.
declared a law unconstitutional.
This set a precedent for the
future.
America, 1804
 Chief Justice John Marshall stated,
•“The Constitution is either a superior paramount law,
unchangeable by ordinary means, or it is on a level with
ordinary legislative acts, and like other acts, is alterable when
the legislature shall please to alter it.
•If the former part of the alternative be true, then a legislative
acting contrary to the constitution is now law; if the latter part
be true, then written constitutions are absurd attempts, on the
part of the people to limit a power in its own nature illimitable.
•It is emphatically the province and duty of the judicial
department to say what the law is
•If, then, the courts are to regard the Constitution and the
Constitution is superior to any ordinary act of the legislature,
the Constitution and no such ordinary act, must govern the
case to which they are both applicable”.
• 1800. France acquired Spanish Louisiana and
New Orleans.
• Because of pressure from the west and national
security threats, Jefferson offered to buy New
Orleans from France. Offered $10M.
• Since Napoleon was at war w/
Gt. Britain, he offered entire
Louisiana Territory to US for
$15M.
• In need of money for his war.
• Jefferson agreed to the deal-
approx. 3 cents per acre.
• Doubled the size of the US.
– No blood shed.
– Possibility of an ‘empire of
liberty.’