Chapter 6: The Constitution and the New Republic.

Chapter 6: The Constitution and the New Republic

Framing a New Government
Supporters of a Strong National Government Alexander Hamilton James Madison Annapolis convention of 1786: Nine states appointed delegates, only 5 attend Hamilton saved the convention: Called for a convention in Philadelphia 1787 To deal with the Articles of Confederation

Framing a new Government
55 men from 12 states – No Rhode Island Philadelphia on May 25, 1787 Sessions were held in secrecy, with armed sentinels posted at the doors. The caliber of the participants was extraordinarily high—“demigods,” Jefferson called them George Washington was elected chairman Benjamin Franklin = elder statesman.

Framing a new government
James Madison’s contributions were so notable he was dubbed “the Father of the Constitution” Alexander Hamilton was an advocate for super- powerful central government Most Revolutionary leaders of 1776 were absent Jefferson, Adams and Thomas Paine in Europe Samuel Adams, John Hancock were not elected Patrick Henry was elected from Virginia, but declined, declaring he “smelled a rat.”

Some delegates decided to completely scrap the old Articles of Confederation
Despite explicit instructions from Congress to revise

The Problem Small States versus Large States Virginia Plan: “the large-state plan”: representation in both houses of a bicameral Congress Lower House = Reps based on population – VA x10 that of Delaware Upper House = Elected by members of the Lower House Small states may never have reps in Upper House

Framing A NEW GOVERNMENT
New Jersey Plan – Small State Plan provided for equal representation in single house in (unicameral) Congress, regardless of size and population The weaker states feared the Virginia Plan

The Great Compromise The larger states = the House of Representatives The smaller states = the Senate Agreed that all tax bills or revenue measures must originate in the House, where population counted more heavily (Art. I, Sec. VII, para. 1). The critical compromise broke the logjam.

3/5 Compromise How should slaves be counted:
Slave was 3/5 as productive as a free person Only contributed 3/5 as much to state revenue 3/5 = counted for taxation and representation

New legislature could not tax exports Could not impose a duty more than $10/person on imported slaves Could not stop the slave trade for 20 years

Framing a new Government
The Limits of the Constitution The federal judges were to be appointed for life The powerful president was to be elected indirectly by the Electoral College The senators were to be chosen indirectly by state legislatures The House of Representatives—were qualified citizens permitted to choose their officials by direct vote

Elements in the new charter: Stood on two great principles of republicanism Legitimate government was one based on the consent of the governed That the powers of government should be limited—in this case to a written constitution The virtue of the people, not the authority of the state, was to be the ultimate guarantor of liberty, justice, and order. After 17 weeks—May 25 to September 17, 1787—only 42 of the original 55 remained to sign the Constitution

Acceptance of the Constitution would not be easy to obtain: Unanimous ratification required by all 13 states Rhode Island = certain to veto Delegates stipulated when 9 states had approved through specifically elected conventions, the Constitution would be the supreme law of the land in those states ratifying

Federalists vs antifederalists
Antifederalists = opposed the stronger federal government states’ rights devotees backcountry dwellers one-horse farmers paper-moneyites debtors Samuel Adams, Patrick Henry, Richard Henry Lee

Federalists vs antifederalists
Federalists—those supported a strong federal government. People who lived on the seaboard Wealthy Educated Better organized George Washington, Benjamin Franklin, James Madison, Alexander Hamilton, John Jay

Federalists and antifederalists
The Federalist Papers Hamilton, Madison, Jay = Publius

Failure of the Constitution to provide:
The Bill of rights Failure of the Constitution to provide: Guarantees of individual rights such as freedom of religion and trial by jury Some ratified the Constitution on the understanding they would soon be included Drawing up a bill of rights headed the list of imperatives facing the new government.

Bill of Rights Adopted in 1791
Protections for freedom of religion, speech, and the press Right to bear arms Right to be tried by a jury Right to assemble and petition the government for a redress of grievances

Bill of Rights Ninth Amendment: Tenth Amendment:
certain rights “shall not be construed to deny or disparage others retained by the people” Reassurance to the states’ righters Tenth Amendment: Reserves all rights not explicitly delegated or prohibited by the federal Constitution “to the States respectively, or to the people.”

The Judiciary Act of 1789: Organized the Supreme Court: Chief justice Five associates Federal district and circuit courts Established the office of attorney general John Jay became the first chief justice.

Washington Honored This idealized portrait symbolizes
the reverential awe in which Americans held “the Father of His Country.” p181

II. Washington for President
George Washington was unanimously drafted as president by the Electoral College in 1789: The only presidential ever elected unanimously: He did not angle for office He commanded by strength of character rather than the art of politics.

II. Washington for President (cont.)
Washington took the oath of office on April 30, 1789, on a crowded balcony overlooking Wall Street Washington put his stamp on the new government by establishing the cabinet The Constitution did not mention a cabinet Merely provided that the president may require written opinions

II. Washington for President (cont.)
At first only three full-fledged department heads served under the president: Secretary of State—Thomas Jefferson Secretary of the Treasury—Alexander Hamilton Secretary of War—Henry Knox.

Federalists and Republicans
Hamilton and the Federalists Assuming the Debt

Hamilton’s plan Hamilton urged Congress to assume the debts of the states, totaling ~ $21.5 million: Assumption: the state debts could be regarded as a proper national obligation Funds would come from the wealthy upper classes Gives them reason to see the new government survive

Hamilton’s Plan The national debt was $75 million
Hamilton, “Father of the National Debt,” was not worried Believed a national debt was a “national blessing” Debt = asset for the financial system

Excise tax paid by distillers
Hamilton’s Plan Hamilton’s Proposed Taxes The first tariff law imposed 8% on the value of dutiable imports, passed in 1789 Revenue was the main goal Protective wall around new industries Excise tax paid by distillers Fell heavily on distillers in PA, VA and NC

Hamilton’s plan Hamilton’s “Report on Manufactures” (1791)
Imagined a grand scheme for stimulating industrial growth America/Hamilton provided a vision of the type of nation the US should become Wealthy, enlightened ruling-class Independent economy Thriving industrial sector

Opposition to Hamilton’s plan
Debating Hamilton’s Program Original certificates – sold during hard times Purchased by wealthy speculators at “pennies on the dollar” Unfair…

Compromise on Hamilton’s plan
States with low debts would pay taxes to help those in significant debt Massachusetts was in favor of such a plan Virginia was opposed to the plan Virginian’s needed a compromise – Location of the Capital Was in Philadelphia Moved to New York City Back to Philadelphia (1790) Jefferson and Hamilton met to determine a deal Virginians wanted the capitol closer to the South George Washington to select the site on the banks of the Potomac

Mutinous Moonshiners in Pennsylvania
The Whiskey Rebellion: Flared up in southwestern Pennsylvania Big challenge for the new national government Hamilton’s high excise tax hurt Defiant distillers cried “Liberty and No Excise” Washington summoned the militias When the troops reached western Pennsylvania, they found an insurrection Two convicted culprits were pardoned.

Hamilton Battles Jefferson for a Bank
Proposed a Bank of the US Took his model from the Bank of England Proposed a powerful private institution, with the government the stockholder and where the federal Treasury would deposit its surplus monies The federal funds would stimulate business by remaining in circulation

Hamilton Battles Jefferson for a Bank
The bank would print money, providing a sound and stable national currency Jefferson was against the bank No specific authorization in the Constitution All powers not specifically granted to the central government were reserved to the states The states, not Congress, had the power to charter banks.

VI. Hamilton Battles Jefferson for a Bank (cont.)
Hamilton, at Washington’s request, prepared a reply to Jefferson’s arguments He believed the Constitution did not forbid it Jefferson believed that what it did not permit it forbade Hamilton invoked the clause of the Constitution that stipulates that Congress may pass any laws “necessary and proper” to carry out the powers vested in the various government agencies

Hamilton Battles Jefferson for a Bank (cont.)
Hamilton ‘s financial views prevailed Washington signed the bank measure into law The most support for the bank came from the commercial and financial centers of the North The strongest opposition arose from the agricultural South.

Hamilton Battles Jefferson for a Bank (cont.)
The Bank of the United States was created by Congress in 1791: Chartered for twenty years Located in Philadelphia It was to have a capital of $10 million, 1/5 owned by the federal government Stocks were thrown open to public sale.

Enacting the federalist program
Hamilton’s Plan Enacted Bank of the US Restored public credit US bonds sold above face value Speculators became increasingly wealthy Manufacturers benefitted from the tariffs Small farmers – vast majority of the population Bore a disproportionate amount of tax burden Property tax to the states Excise tax for distilling

“The public good is disregarded in the conflicts of rival parties.”
The Federalist Papers – Number 10

The Emergence of Political Parties
National political parties: Unknown in America when Washington took his inaugural oath The Founders had not envisioned the existence of permanent political parties

Hamilton and his followers = Hamiltonians Madison said they had become an “interested and overbearing majority” Federalists used their power to promote like-minded people and further their control and win more allies Set up strong community organizations Resembled British authority

The Republican Party Not related to the 1850’s Republican Party Republicans worked equally hard to establish support in the US Communicated across state lines Formed committees, societies, and caucuses Claimed they represented the true interests of the American people Wanted to defend against corrupt Federalists

The Impact of the French Revolution
Now there were the two major parties: Jeffersonian Republicans Hamiltonian Federalists With Washington’s second term, foreign-policy issues brought the differences between the parties to a fever pitch

Table 10-2 p186

The Impact of the French Revolution
Few non-American events have left a deeper scar on American political and social life: Early stages—surprisingly peaceful Attempted to impose constitutional restrictions on Louis XVI 1792 France declared war on Austria News later reached America that France had proclaimed itself a republic Americans were enthusiastic.

IX. The Impact of the French Revolution (cont.)
The guillotine was set up, the king was beheaded in 1793 The church was attacked The head-rolling Reign of Terror had begun Every major European war, beginning in 1688, involved control of the Atlantic

The Execution of Queen Marie Antoinette, 1793 The bloody excesses of the
notorious guillotine disgusted many Americans and soured them on the promises of the French Revolution. p187

Storming the Bastille, 1789 This event signaled the outbreak of the French Revolution.
p188

The Key to the Bastille, Mount Vernon, Virginia The
Marquis de Lafayette instructed Thomas Paine, his American Revolutionary War comrade, to deliver the key to the liberated Bastille to George Washington. It hangs to this day in the entry hall of Washington’s home at Mount Vernon, Virginia, a lasting symbol of the deep affinity between the French and American Revolutions. p189

X. Washington’s Neutrality Proclamation
French-American alliance of 1778: Bound the United States to help the French defend their West Indies Jeffersonian Republicans = honor the alliance America owed France its freedom, and now was the time to pay the debt of gratitude Washington was not swayed

X. Washington’s Neutrality Proclamation (cont.)
Believed that war had to be avoided at all costs The strategy = delay while population grows then become involved in world affairs Hamilton and Jefferson were in agreement.

In 1793 Washington issued his Neutrality Proclamation shortly before war broke out between England and France. Proclaimed the government’s official neutrality in the widening conflict Sternly warned American citizens to be impartial toward both armed camps The pro-French Jeffersonians were enraged and the British Federalists were delighted.

Citizen Edmond Genet, representative of the French Republic, landed at Charleston, SC. He came to believe that the Neutrality Proclamation did not reflect the American people’s wishes Embarked on non-neutral activity not authorized by the French alliance Washington demanded Genet’s withdrawal.

Illustrates the truism that self-interest is the basis of alliances In 1778 both France and America stood to gain In 1793 only France did Americans did not flout their obligation because France never officially called on them to honor it America was more useful to France.

XI. Embroilments with Britain
President Washington’s policy of neutrality was sorely tried by the British: For ten years they maintained a chain of northern frontier posts on U.S. soil in defiance of the peace treaty of 1783 London was reluctant to abandon her lucrative fur trade London also hoped to build an Indian buffer state They openly sold firearms and alcohol to the Indians of the Miami Confederacy

XI. Embroilments with Britain (cont.)
Battle of Fallen Timbers, 1794: General “Mad Anthony” Wayne routed the Miamis British refused to shelter the Indians fleeing the battle; the Indians offered Wayne the peace pipe In the Treaty of Greenville, August 1795, they gave up vast tracts of the Old Northwest In exchange they received $20,000 and an annual annuity of $9,000

Map 10.1 American Posts Held by
the British and British-American Clashes After 1783 Map 10-1 p191

Signing the Treaty of Greenville, 1795 Following General Wayne’s victory at the Battle of Fallen Timbers in 1794, the Miami Indians surrendered their claims to much of the Old Northwest. p192

XI. Embroilments with British (cont.)
The right to hunt the lands they had ceded They hoped for recognition of their sovereign status The Indians felt it put some limits on the ability of the United States to decide the fate of Indian peoples.

XI. Embroilments with the British (cont.)
The British seized 300 American merchant ships Threw hundreds into foul dungeons Impressed Americans War with the world’s mightiest commercial empire would hurt the Hamiltonian financial system.

XII. Jay’s Treaty and Washington’s Farewell
Washington decided to send Chief Justice John Jay to London in 1794 British concessions: They promised to evacuate the chain of posts on U.S. soil Consented to pay damages for the seizure of American ships But the British stopped short of pledging: Anything about future maritime seizures and impressments Or about supplying arms to the Indians.

XII. Jay’s Treaty and Washington’s Farewell (cont.)
Jay’s unpopular pact: Vitalized the newborn Democratic-Republican party It was seen as a betrayal of the Jeffersonian South Even Washington’s huge popularity was compromised by the controversy over the treaty. Other consequences: Fearing an Anglo-American alliance, Spain moved to strike a deal with the United States in the Pinckney’s Treaty of 1795.

Pinckney’s Treaty: Granted the Americans virtually everything they wanted from Spain: Including free navigation of the Mississippi The right of deposit (warehouse rights) at New Orleans The large disputed territory of western Florida Washington decided to retire Exhausted from diplomatic and partisan battles, he decided against future terms.

His choice contributed powerfully to establishing a two-term tradition for American presidents. His Farewell Address to the nation in 1796: It was never delivered orally, printed only in the newspapers He strongly advised the avoidance of “permanent alliances” But only favored “temporary alliances” for “extraordinary emergencies”

XIII. John Adams Becomes President
John Adams, with the support of New England, won with the narrow margin of 71 to 68 votes in the Electoral College: Adams was a man of stern principles Intellectual aristocrat Had no appeal to the masses He was regarded with “respectful irritation.”

XIII. John Adams Becomes President (cont.)
He had stepped into Washington’s shoes, which no successor could hope to fill He was hated by Hamilton Most ominous of all, Adams inherited a violent quarrel with France—a quarrel whose gunpowder lacked only a spark.

John A dams, by John Singleton Copley, 1783 When
he entered Harvard College in 1751, Adams intended to prepare for the ministry, but four absorbing years of study excited him about other intellectual and career possibilities: “I was a mighty metaphysician, at least I thought myself such.” Adams also tried his hand at being a mighty scientist, doctor, and orator. Upon graduation he became a schoolmaster but soon decided to take up the law. p193

The quasi war with France
The French were infuriated by Jay’s Treaty: Condemned it as the initial step toward an alliance with Britain Violation Franco-American Treaty of 1778 French warships seized American merchant vessels

Adams tried to reach an agreement with the French: Appointed a diplomatic commission: John Marshall = VA Fed (the future chief justice) Charles Pickney = treaty Eldridge Gerry = MA Republican (friend of J.A.) Reached Paris in 1797 Hoped to meet Charles Maurice de Talleyrand

The XYZ Affair Secretly approached by three go-betweens
They demanded a loan of 32 million florins. Plus a bribe of $250,000 for the privilege of merely talking with Talleyrand John Marshall, on reaching New York in 1798, was hailed as a conquering hero for his steadfastness. The XYZ Affair sent a wave of hysteria sweeping through the United States. “Millions for defense, but not one cent for tribute.”

The XYZ Affair When President Adams’s envoys to Paris were asked to pay a huge bribe as the price of doing diplomatic business, humiliated Americans rose up in wrath against France. Here an innocent young America is being plundered by Frenchmen as John Bull looks on in amusement from across the English Channel. p194

War preparations: 1798 – Dept of the Navy The Navy Department was created; the three-ship navy was expanded The United States Marine Corps was reestablished A new army of 10,000 men was authorized (but not fully raised)

Preparation for War to Defend Commerce: The building of the Frigate Philadelphia In 1803 this frigate ran onto the rocks near Tripoli harbor, and about three hundred officers and men were imprisoned by the Tripolitans (see Map 11.2 on p. 211). The ship was relocated for service against the Americans, but Stephen Decatur led a party of men that set it afire. p195

War was confined to the sea, mainly West Indies 2 1/5 years of undeclared warfare ( ) American privateers captured ~85 armed French vessels Several hundred US merchant ships were lost to the enemy

XV. Adams Puts Patriotism Above Party
Talleyrand realized there was no use in fighting the United States Talleyrand - send a new minister, he would be received with proper respect

XV. Adams Puts Patriotism Above Party (cont.)
1799 Adams submitted new names to negotiate with France American envoys found things better when they reached Paris early in 1800 Napoleon Bonaparte had recently seized power The Convention of 1800 was signed in Paris.

XV. Adams Puts Patriotism Above Party (cont.)
The Convention of 1800: Suspended the French-American Alliance of 1778 US agreed to pay $20 million to American shippers John Adams deserves immense credit for ending the conflict

Alien and Sedition acts
Federalist actions to silence Republican opposition The Alien Act Raised the residence requirement from 5 years to 14 Violated open-door hospitality and speedy assimilation President could deport foreigners in times of peace defensible as a war measure

Alien and Sedition acts
Anyone who impeded the policies of the government, or falsely defamed its officials, would be liable to a heavy fine and imprisonment Federalists believe it was justified Many outspoken Jeffersonian editors were indicted under the Sedition Act and ten were brought to trial.

The Virginia (Madison) and Kentucky (Jefferson) Resolutions
Jefferson secretly penned a series of resolutions: Approved by the Kentucky legislature in 1798, 1799 Madison drafted a similar but less extreme statement adopted by the Virginia legislature in 1798

Both stressed the compacts theory— The thirteen sovereign states, in creating the federal government, had entered into a “compact” Jefferson’s Kentucky resolutions concluded that the federal regime had exceeded its constitutional powers Alien and Sedition Acts: “nullification…rightful remedy.”

No other state legislatures passed nullification laws: The Federalists condemned the Resolution Argued that the people, not the states, had made the original compact The Supreme Court-—not the states— can nullify unconstitutional legislation passed by Congress

Congressional Pugilists
Satirical representation of Matthew Lyon’s fight in Congress with the Federalist representative Roger Griswold. p197

Federalists Versus Democratic-Republicans
As the presidential contest of 1800 approached: Federalists and Democratic-Republicans were sharply divided Domestic politics Foreign policy

Thomas Jefferson at Natural B ridge, by Caleb Boyle,
ca A great statesman, Jefferson wrote his own epitaph: “Here was buried Thomas Jefferson, Author of the Declaration of Independence, of the Statute of Virginia for Religious Freedom, and Father of the University of Virginia.” p199

Judiciary act of 1801 Federalists only controlled the Judicial Branch
Reduced the Supreme Court justices by 1 Increased the number of federal judges “midnight appointments” “Revolution of 1800”

Chapter 6: The Constitution and the New Republic.

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