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The Constitution and the New Republic American History, Brinkley Chapter 6.

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1 The Constitution and the New Republic American History, Brinkley Chapter 6

2 A Union Without Power 1780s

3 What were the Articles of Confederation? The nation’s “first constitution” written during the Rev War to created a central government uniting the nation in a “loose” confederation of independent states ( ) War for independence required cooperation among states The states were VERY suspicious of a strong central government, so they gave only limited power to the new government under the Articles of Confederation Three Major Debates Over the Articles: 1. Representation? 2. Taxation? 3. Western Lands? Articles of Confederation were adopted in 1777 and ratified in 1781

4 The Articles were intended to …. Create “ a firm league of friendship…for their common defense, the security of their liberties, and their mutual and general welfare.” States retained most of the power

5 Problems the New Nation Faced when the Revolutionary War Was Over (1783) The states and the Congress were deeply in debt The Congress had no power to tax Americans Paper money issued during the war was worthless The Continental Army had not been paid Inflation had driven up the price of goods in the colonies (190% to 500%) Per capita income during the war years fell (equivalent to the Great Depression) U.S. no longer enjoyed the protection of the British navy or trade with Great Britain Under the Articles of Confederation, the national government had almost no power to address the problems facing the young nation.

6 And it got worse ……… England kept troops on U.S. soil after 1783 Spain closed New Orleans to American commerce in 1784 Several states were involved in turmoil over local issues and problems with neighboring states States are no longer united by the war The young nation was under a great deal of stress and Americans began to protest

7 A Series of Crises Led to a Call for a Stronger National Government Newburgh Conspiracy (1783) Uprising in Pennsylvania Shays’ Rebellion ( )

8 Newburgh Conspiracy, 1783 Men who had served in the Continental Army were not paid by the Congress and refuse disband until they are paid A letter circulated calling for a meeting in Newburgh New York. Some believed the soldiers were staging a coup George Washington arrived and put down the rebellion before the troops took action

9 Pennsylvania Uprising 1783 Pennsylvania soldiers were sent home without pay and they march on the state house in Philadelphia They barricaded members of the Confederation Congress in the state house The Confederation Congress moved to Princeton, New Jersey

10 Shay’s Rebellion: A Crisis Leads to a New Constitution Farmers in Massachusetts were concerned that their land would be seized for taxes and to pay off debts Took action: Wrote petitions, staged demonstrations, and argued they were being forced to pay unfair taxes. They feel their liberty is being attacked They feel their property is being threatened Daniel Shays led 1,000 troops and marched on court houses to shut down the court system. Local militia refused to act. A privately funded army put down the rebellion

11 Major Weaknesses of the Government Under the Articles of Confederation Confederation Congress did not have enough power to: 1. levy taxes 2. conduct foreign affairs in an effective manner 3. raise an army or navy in times of crisis 4. resolve disputes between states and regulate interstate commerce 5. issue paper money and regulate the monetary system 6. make decisions and take action in a timely manner

12 Northwest Ordinance: The Articles of Confederation's Major Achievement Created 3-5 new territories in Northwest Population of 5,000 may elect Assembly Population of 60,000 may petition for statehood Slavery outlawed in the new territories

13 Western Land Claims Ceded by the States

14 Land Ordinance of 1785

15 Northwest Territory

16 Creating the Constitution 1787 Philadelphia

17 Problems with the Articles of Confederation The Confederation had inadequate authority over interstate affairs. The Confederation had little authority to regulate the national economy. Weak foreign policy Could not raise an army

18 Congress could not deal with inflation and war debts Congress had no power to tax Failure to pay soldiers sparks “Newburgh Conspiracy” (squelched by Washington) Shay’s Rebellion leads to fear of mob action James Madison, Alexander Hamilton and the Nationalists consider the Articles hopelessly defective—they call for reform

19 “Have We Fought for This?” By 1785 the country seemed adrift Washington:“Was it with these expectations that we launched into a sea of trouble?”

20 Constitutional Reform: It all began over trade… In 1785 representatives from Virginia and Maryland met to deal with problems over navigation rights and commerce on the Potomac River In 1786, delegates from a 5 states met in Annapolis to discuss trade issues: The Annapolis Conference Shays’ Rebellion began the same year. Nationalists James Madison and Alexander Hamilton send an invitation to the states to send delegates to Philadelphia the following year to “revise” the Articles of Confederation

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22 James Madison: “Father of the Constitution” Before the convention began, James Madison spent months researching the history of all confederacies throughout all recorded history. When he arrived in Philadelphia, he had a vast amount of knowledge of the pros and cons of confederations and national governments. ***Madison also arrived in Philadelphia with a PLAN for a NEW NATIONAL GOVERNMENT. His Virginia Plan provided the foundation for the Constitution

23 The States: Experiments in Republicanism The people demanded written constitutions provided clear definition of rights described clear limits of government A clear break from the unwritten English constitution Revolutionary state constitutions served as experiments in republican government Ideas from state constitutions and experiences were later used to construct a stronger central government

24 Constitutional Convention, delegates from 12 states met in Philadelphia in the summer of 1787— Rhode Island refused to attend. George Washington was selected to preside over the convention. Ben Franklin was a major figure at the Convention Those who did not attend: Thomas Jefferson and John Adams Patrick “I smell a rat” Henry, Samuel Adams, John Hancock (Reading from A Brilliant Solution )

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26 constitution#america-gets-a-constitution

27 The Big Question: POWER POWER—where should it power reside? Can a government of men be trusted with power? Which governing bodies should hold power? How do we balance power and liberty? How do we keep power in check? How much power belongs to the states and how much belongs to the federal government?

28 Inventing a Federal Republic: The Virginia Plan ***James Madison’s plan for a stronger central government was introduced and set the agenda for the convention Edmund Randolph presents the plan. Established three branches of government to balance power and “check” each other Bicameral legislature of representatives Representation based on population Chief executive (president) appointed by Congress Small states objected to large-state dominance

29 Inventing a Federal Republic: The New Jersey Plan (Small State Plan) Small states angry over issue of representation based on population Each state would have one vote in a unicameral legislature Executive Committee would be elected by Congress Supreme Court selected by the executive

30 Three Major Compromises At the Constitutional Convention 1. Great Compromise ---over Representation between large states and small states 2. Three fifths compromise –slavery and representation. Compromise over slavery between the North and South o 3. Executive Power ---the office of the presidency o (View Yale Lecture)

31 Yale Open Courses Joanne Freeman Creating the Constitution Compromises (last 10 minutes)

32 “ I do not, gentlemen, trust you. If you possess the power, the abuse of it could not be checked….” ---Gunning Befdord, Delaware, speaking to the large state delegates

33 On the Compromise over Slavery “Great as the evil is, a dismemberment of the Union would be worse.” --James Madison

34 Compromise Saves the Convention Each state was given two delegates in the Senate--a victory for the small states House of Representatives based on population-- a victory for the large states Three-fifths of the slave population counted toward representation in the House—a victory for Southern states

35 Compromising on Slavery Issue of slavery threatened Convention Northerners tended to be opposed Southerners threatened to bolt if slavery was addressed They agreed to set aside the issue of slavery until 1808 “The Silence”

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37 Compare the Articles of Confederation to the Constitution institutions/comparison-of-constitution-and-articles-of- confederation.html

38 The Struggle for Ratification Supporters recognized the Constitution went beyond the Convention’s mandate— they had overstepped their boundaries The document was sent to the states—and the fight for ratification began 9 states were required for ratification, but the support of the large states was critical to the success of the new government.

39 Who Were the Federalists? Supported the Constitution and a stronger central government James Madison, Alexander Hamilton, George Washington

40 Who were the Anti-Federalists? Opposed the Constitution Distrusted any government removed from direct control of the people (states) Suspected the new Constitution favored the rich and powerful Patrick Henry, Samuel Adams, George Mason

41 What were the Federalist Papers? ( ) 85 essays written to defend the new Constitution Written by Alexander Hamilton, James Madison, and John Jay Pseudonym “Publius” They were published in New York newspapers in order to influence the New York ratification debate

42 Federalist Paper #14 “WE HAVE seen the necessity of the Union, as our bulwark against foreign danger, as the conservator of peace among ourselves, as the guardian of our commerce and other common interests, as the only substitute for those military establishments which have subverted the liberties of the Old World, and as the proper antidote for the diseases of faction, which have proved fatal to other popular governments, and of which alarming symptoms have been betrayed by our own.”

43 Who Wrote the Federalist Papers? he-founding-fathers-unite

44 Progress of Ratification Succeeded in winning ratification in 9 states by June 1788 Holdouts included: New York, Virginia, North Carolina, and Rhode Island New York and Virginia were critical to the success of the Constitution Virginia and New York ratified under pressure and with the promise of a Bill of Rights North Carolina ratified in1789 Rhode Island ratified in 1790

45 Ratification of the Constitution

46 Adding the Bill of Rights Anti-Federalist activism led to the addition of a Bill of Rights Nationalists promised to add a Bill of Rights First ten amendments were added by December 1791

47 Alexander Hamilton’s Reaction to the demand for Bill of Rights “The Constitution is itself…a BILL OF RIGHTS!”

48 The Constitution Reading Assignment: “The US Constitution: America’s Most Important Export “ by Albert Blaustein The global impact of the US Constitution Read, annotate, and formulate a reply

49 Reading and Annotating the US Constitution Commerce Clause Necessary and Proper Clause (Elastic Clause) Supremacy Clause (Linchpin of the Constitution) Slavery and the Constitution (2 Key Passages)

50 George Washington, John Adams, Thomas Jefferson and the New Republic, Admit Slip: Tristan IDs Chapter 6

51 George Washington: “The Reluctant President” Ron Chernow Read and annotate the document. 1. Americans did not quite know how to honor their new president, so they often resorted to royal traditions. Highlight behaviors that reflect royal traditions and efforts by the American people to celebrate their new leader. 2. Be sure to note the reception Washington received as he arrived in New Jersey and entered New York. 3. Make notes in the margin on the inauguration: How did Washington prepare for the ceremony? What did he wear and why? Where did the ceremony take place and what was the historical significance of this particular building? What precedents were set at the first inauguration for future presidents to follow? Describe Washington’s demeanor on inauguration day. 4. After reading the article, do you believe Washington was truly a “reluctant president?” Find several pieces of evidence in the article to support your opinion.

52 Key Questions: How did the government take shape in the years following the ratification of the Constitution? How did early leaders translate the Constitution into a working government? What led to the formation of political parties in the United States?

53 What should we call our President? 1789 “His Highness, the President of the United States and Protector of their Liberties”—John Adams “His Elective Majesty” “His Excellency”

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55 George Washington Fought in the French and Indian War Virginia Planter and slave owner Land Surveyor Commander in Chief of the Continental Army Revolutionary War Hero Presided over the Constitutional Convention Unanimously elected first President of the U.S. in 1788 by 69 electors “Founding Father”

56 Washington Administration ( )  Domestic Issues: Bill of Rights adopted Judiciary Act of 1789 Setting up a Presidential Cabinet Emergence of Political Parties Managing the National Economy*** Whiskey Rebellion Securing Western Lands Conflict With Native Americans continued

57 Foreign Affairs: French Revolution began in 1789 Staying out of war between France and England Proclamation of Neutrality Citizen Edmond Genet (French) British Troops on US Soil Jay’s Treaty (Britain) Pinckney’s Treaty (Spain)

58 Establishing a New Government, George Washington was unanimously elected president, 1789 VP –John Adams Washington’s reputation helped legitimized new government. He set many precedents for those who followed. Washington’s assumptions: all would work together for the common good voters would defer to "betters" in political affairs—(it didn’t quite work out that way)

59 Washington’s Cabinet Alexander Hamilton- Secretary of the Treasury Thomas Jefferson— Secretary of State Edmond Randolph— Attorney General Henry Knox—Secretary of War

60 Two More Tasks 1. Judiciary Act of 1789 Set up the Judicial Branch Supreme Court=6 members John Jay was the first Chief Justice Set up 13 federal district courts Gave the Supreme Court the power to review state court decisions 2. Passed the Bill of Rights

61 Video: Founding Brothers What role did each person in Washington’s Administration play in establishing the new government? 2. Who was the most influential cabinet member? Explain. 3. What led James Madison to change his political opinions on centralized government? 4. Describe the political deal that led to the location of the national capital (Washington, D.C.)

62 Federalists vs. Republicans (chart) The First Party System Root cause of the formation of political parties was the differences in political ideology among Americans. The immediate cause was the debate over the national economy Federalists (Hamiltonians) stressed a strong central government and national economy to preserve U.S. independence Republicans (Jeffersonians) preferred an agrarian economy and small, local government Parties agree on ends, differ about means

63 Alexander Hamilton and Thomas Jefferson

64 Conflicting Visions: Alexander Hamilton Secretary of the Treasury Believed strong central government preserves national independence Envisioned U.S. as an industrial power based on manufacturing Feared democracy would lead to anarchy

65 Conflicting Visions: Thomas Jefferson Secretary of State under Washington Believed limited government preserves liberty Envisioned U.S. as an agrarian nation Trusted the common people

66 Hamilton's Plan for National Prosperity and Security A plan to pay off a federal debt of $54 million, additional state debt of $25 million 1.Proposed "funding," "assumption" of debt 2.Proposed national bank 3.Proposed government aid to manufacturing

67 Hamilton’s Three Reports on the Economy of the New Nation 1. Report on the Public Credit 2. Report on a National Bank 3. Report on Manufactures Hamilton designed our national economy.

68 Hamilton’s Funding and Assumption Plan  Funding : Congress would redeem federal certificates of debt at face value  Assumption : federal government would purchase states' debts

69 Interpreting the Constitution: The Bank Controversy Hamilton proposed a national bank privately owned=Bank of the United States To regulate finance A place to deposit government funds Help regulate state banks To provide quick access to funds in time of crisis Major Question: Did the Constitution allow for the creation of the national bank? Jefferson and Madison argued the bank was unconstitutional Hamilton defends constitutionality through doctrine of “implied powers”—a “loose” interpretation of the Constitution Congress charters Bank, 1791

70 Did the Constitution Allow for the Formation of a National Bank? Read Jefferson’s Opinion on the Bank

71 Did the Constitution Allow for the Formation of a National Bank? Strict Interpretation Unconstitutional— Congress does not have this power Power granted only to the states Loose Interpretation Hamilton defends constitutionality through doctrine of “implied powers” granted by the elastic clause- ”allowed Congress to make all laws “necessary and proper.” Congress charters Bank, 1791 Thomas Jefferson ---NO Alexander Hamilton---YES

72 National Bank Debate on/sfeature/scenes_02_qt_hi.html -

73 Whiskey Rebellion, 1794 A tax placed on whiskey Farmers in Pennsylvania protested and intimidated tax collectors Washington led a militia of 13,000 to stop the rebels: there would be no violent resistance to U.S. policies.

74 Whiskey Rebellion in Pennsylvania (1794)

75 Washington Administration: The Battle over Foreign Affairs In Europe … French Revolution begins, 1789 France and England go to war Division over foreign policy divides nation Jeffersonian Republicans favor France Hamiltonian Federalists favor England U.S. was still bound by a treaty with France: Would the US become involved in the conflict between the European powers?

76 The Problem of Neutrality Franco-British War began in 1793 England violated American sovereignty—maintained military posts in the Northwest Territory England seized 300 American merchant ships Jefferson: wanted to punish England by cutting off trade Hamilton: wanted to appease England Washington: proclaimed U.S. neutrality Neutrality Proclamation of 1793 Edmond Genet, French Diplomat insisted the U.S. support French efforts

77 Jay's Treaty Sparked Domestic Unrest John Jay went to England to demand: removal of the English from American soil payment for ships illegally seized better commercial relations acceptance of US neutrality Hamilton secretly informed the English the U.S. was not firm in their demands Jay’s Treaty won few concessions-Americans were extremely angry and divided over the treaty George Washington accepted the treaty

78 Jay's Treaty Sparks Domestic Unrest (2) Senate ratified the treaty by smallest possible margin Newspapers viciously attacked the treaty Republicans and the press criticized Washington Nation rallied behind Washington Federalists branded Republicans as traitors

79 Spain and Jay’s Treaty Spain interpreted Jay's Treaty as Anglo- American alliance against Spain Out of fear, they negotiated the Treaty of San Lorenzo (Pinckney’s Treaty) Spanish opened the Mississippi to U.S. West Settled border dispute between Florida and U.S. Spanish stopped supplying the Indians

80 Conquest of the West

81 Popular Political Culture Political “parties” condemned as factions Many Americans were worried that the nation had lost its unity, its Revolutionary purpose Federalists and Republicans suspect each others’ loyalty Party members thought it a patriotic duty to destroy opposing party

82 Washington's Farewell Washington was not limited to two terms, but he stepped down announces decision to retire He warned against political parties and foreign alliances.

83 Washington’s Precedents and Legacies First Presidential Cabinet Delivered an Inaugural Address Served 2 only terms Helped determine the location of the nation’s capital Farewell Address –Washington warned of the dangers of political parties and foreign entanglements

84 Two Parties in Office

85 The Adams Presidency Federalists control government VP –Jefferson (Republican) Major Issue: Avoiding war with France Adams kept most of George Washington’s cabinet including Alexander Hamilton But the Federalists party is divided over the conflict with France

86 John Adams Video Clip “An Unnecessary War 0:00—3:00

87 The XYZ Affair and Domestic Politics Jay’s Treaty prompts France to treat U.S. as unfriendly nation U.S. diplomatic mission to France fails when three French officials (X, Y, and Z) demand bribe Provokes anti-French outrage in U.S “Millions for defense, but not one cent for tribute.” Americans begin to prepare for war. Quasi-War: French fire on U.S. ships, seize U.S. ships Federalists attempt to crush Republicans by branding them as pro-French

88 America and France on the Brink of War ( ) Federalists began to build up the army Washington was recalled to command the army but he placed Hamilton in charge Hamilton wanted a declaration of war against France Adams refused to ask Congress for war

89 1798 Matthew Lyon vs Roger Griswold

90 Silencing Political Opposition: The Alien and Sedition Acts, 1798 Alien Enemies Act, Alien Act gave the president power to expel any foreigner The Naturalization Act required U.S. residency of fourteen years for citizenship Sedition Act criminalized criticism of the government Federalist appointees in federal courts enforced Sedition Act in absurd ways

91 Republican Reaction: The Kentucky and Virginia Resolutions, 1798 Republicans saw Alien and Sedition Acts as dire threat to liberty Jefferson’s Kentucky Resolutions– suggested states may nullify unconstitutional federal law Madison's Virginia Resolutions--urged states to protect their citizens Purpose of resolutions: to clarify differences between Republicans and Federalists and draw the lines between state and federal power

92 Read and Annotate: Alien and Sedition Acts, KY Resolutions Read, annotate, and underline key passages that explain the power given to the Federal government to take action against “aliens” and critics of the Federal government. What punishments might these people receive? Read, annotate, and underline key passages in the Kentucky Resolutions. What are the primary arguments presented in the document?

93 Adams: His Finest Hour In 1799, Adams broke with Hamilton (George Washington died) Adams negotiated a settlement with France War hysteria against France vanished Alexander Hamilton's army was viewed as a useless expense The decision cost Adams the election in 1800, but kept the young nation out of war with France

94 The Peaceful Revolution: the Election of 1800 Thomas Jefferson and Aaron Burr received the same number of electoral votes. House of Representatives threw the election to Jefferson on the 36 th ballot. Hamilton labeled Burr “the most dangerous man in the community.” (Burr later killed Hamilton in a duel.) John Adams packed the judicial system with last minute appointments of Federalist judges – ”Midnight Appointees”

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96 The Revolution of 1800: Jefferson takes office The election of 1800 was one of the most important in U.S. history. The transfer of power from Federalists to Republicans was achieved peacefully. Often referred to as the “peaceful revolution” Jefferson attempted to unite nation by stressing values shared by each party “We are all republicans, we are all federalists.” Why was this considered an important event in global history?

97 HBO: JOHN ADAMS The Election of 1800 is considered one of the most important in US history with the peaceful transfer of power from one political party to another.

98 REPUBLICAN ASCENDANCY: THE JEFFERSONIAN VISION Chapter 7

99 The “Revolution of 1800” Burr and Jefferson tie in the election of 1800 Alexander Hamilton supports Jefferson Jefferson, Republican, takes office with Burr as VP Peaceful transfer of power from one party to another Inaugural address: “We are all Republicans, we are all Federalists.”

100 Question Just how “DEMOCRATIC” was Jefferson?

101 Jefferson Dismantles Federalist Policies Abolished all internal taxes (whiskey tax) Reduced government spending Cut federal debt almost in half Reduced the size of the army and navy 50% Retired most of the navy’s warships (Critics claimed he left the nation defenseless) He tried removed the “midnight appointees”-judges appointed by Adams

102 Trouble with the Barbary States

103 Conflict With the Barbary States North African states (Pasha of Tripoli) demanded tribute from ships sailing in Mediterranean Jefferson dispatched U.S. fleet to “negotiate through the mouth of a cannon” U.S. ends up paying $60,000 for the release of U.S. sailors

104 Attack on the Judges: Marbury v. Madison Jefferson tried to deny Federalist Marbury his judgeship. Marbury took his case to the Supreme Court which ruled the court had no authority to order James Madison to deliver the commission. They ruled the Judiciary Act of 1789 was unconstitutional. ***Under Chief Justice John Marshall in Marbury v. Madison (1803) the ruling established the Supreme Court’s right of judicial review of federal legislation and executive action.

105 ****Marbury v. Madison Judicial Review Established one of the most important principles of American constitutional law: The right of judicial review.. The Supreme Court held that the Court itself has the final say on the meaning of the Constitution (interpretation and application) as well as the power to nullify an act of Congress.

106 Attack on the Judges: Impeachments Federalist John Pickering impeached, removed for alcoholism and insanity Republicans began to fearing the destruction of an independent judiciary. Jefferson made the situation worse by seeking to impeach Federalist Supreme Court Justice Samuel Chase The Republican Senate refused to convict Chase. No attempt has been made since to restructure the court through impeachment.

107 Westward: The Course of Empire Intense migration to West after 1790 New States included Kentucky Tennessee Ohio—1803 ***Water transportation was essential to westward expansion and New Orleans connected these markets to the world

108 The Louisiana Purchase

109 1801--France bought Louisiana from Spain Jefferson sent diplomats to France to buy New Orleans Napoleon offered to sell all of Louisiana for $15 million (4 cents an acre) The Constitution is vague on Congressional authority to purchase LA ****Jefferson abandons his position of a “strict” interpretation of the Constitution to purchase LA territory

110 The Louisiana Purchase (2) Louisiana inhabitants were French & Spanish Jefferson denies them self-rule=“Taxation without representation” Louisiana was governed from Washington This was another Jeffersonian departure from Republicanism The boundaries of the territory are not clear.

111 A Proclamation to the People of New Orleans, 1803 (In three languages)

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113 lewis/videos#louisiana-purchase-doubles-size-of- america

114 LA Purchase: Is It Constitutional? presidents/videos/jefferson-expands-executive- power#jefferson-expands-executive-power

115 The Lewis and Clark Expedition Lewis and Clark Expedition was commissioned prior to purchase of Louisiana Expedition left St. Louis May 1804 and returned in They were gone for 21/2 years and covered 8,000 miles. Sacagawea, Shoshone Indian guide Both men agreed the area beyond the Missouri— though rich in resources--was not fit for settlement.

116 The Louisiana Purchase and the Route of Lewis and Clark

117 expedition-charts-new-territory

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120 Murder and Conspiracy: The Curious Career of Aaron Burr Vice-President Aaron Burr breaks with Jefferson Burr seeks Federalist support in 1804 New York governor’s race Alexander Hamilton blocks Burr’s efforts Burr kills Hamilton in a duel

121 The Burr Conspiracy Burr fled to the west after Hamilton duel Some believed Burr planned to invade Spanish territory and convince western states to secede from the union. Burr was arrested and tried for treason John Marshall acquitted on Constitutional grounds of insufficient evidence He fled to England but returned years later to live as an outcast in the U.S. “The wickedest man alive.”

122 Embarrassments Overseas England and France resumed war (Napoleonic Wars) American ships were subject to seizure: Between 1803 and 1807, the British seized 500 American ships and France seized 300. Impressments=seizing U.S. sailors for service in English navy (Chesapeake-Leopard Incident) Jefferson refused to declare war. Instead, he cut off trade with France and England instead. Embargo Act of 1807-Jefferson’s alternative to war

123 Embargo Act (1807) Divided the Nation Embargo Act prohibited American ships from leaving the U.S. for any foreign port. Embargo crippled the American economy. American exports dropped from $108 million in 1807 to $22 million. Imports dropped from $138 million to $57 million. Merchants declared bankruptcy, jobs were lost, banks closed Jefferson lifted the embargo

124 James Madison Elected President


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