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Chapter 10 Launching the New Ship of State, 1789–1800 Domestic Concerns of the New Constitutional Republic • • • • What was the Role of the President? We need a “A Bill of Rights” We need to a Judiciary We need to pay some bills – (This last is one factor that leads to creating an enduring features of American Rebublic: the two political party system) p181 Washington as 1st President • Unanimously selected by the Electoral College in 1789: – The only presidential nominee ever to be honored by unanimity – He was the only one who did not in some way angle for this exalted office – He commanded by strength of character rather than the arts of the politician. Washington as st 1 President – Washington put his stamp on the new government by establishing the cabinet – The Constitution did not mention a cabinet; only that “the president may require written opinions” – Cabinet becomes key administrative feature • • • • Secretary of State—Thomas Jefferson Secretary of the Treasury—Alexander Hamilton Secretary of War—Henry Knox Attorney General John Jay A Bill of Rights: The First Big Issue • Drawing up a bill of rights headed the list of imperatives facing the new government. • Constitution failed to provide “Bill of Rights” • Delegates assumed state constitutions secured this fundamental rights • Some state (Mass) ONLY ratified the Constitution on the understanding they would soon be included A Bill of Rights: The First Big Issue • The Bill of Rights, adopted by the necessary states in 1791, safeguard some of the most precious American principles. • Among these: 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 • The Bill of Rights also prohibited: – Cruel and unusual punishment – Arbitrary government seizure of private property A Bill of Rights: The First Big Issue • Madison inserted the Ninth Amendment: – It declares that specifying certain rights “shall not be construed to deny or disparage others retained by the people” • Reassurance to the states’ righters • He also included the Tenth Amendment: – Which reserves all rights not explicitly delegated or prohibited by the federal Constitution “to the States respectively, or to the people.” Next Issue: Filling out Judicial Branch • Constitution only explicitly called for a Supreme Court • Empowers Congress to create lesser courts • The Judiciary Act of 1789: – Organized the Supreme Court with a chief justice and five associates, federal district and circuit courts, established the office of attorney general. – John Jay became the first chief justice. – “Riding the circuit” p183 Hamilton’s Financial plan • Hamilton as Federalist of all Federalists • As Treasury Secretary needs to fix the economy: • Develops 3 part plan: 1. Funding national debit at par 2. Assume all of the state debits 3. Develop a federal tariff and tax system to pay off #1 and #2 Why pay off the debt??? • Funding at par meant that the federal government would pay off its debts at face value, plus accumulated interest—a total sum of $54 million – He believed that by paying of the debt in full NOW it would would give the national government legitimacy and stability • State debts would add another $21 million. Why??? – He believed that assumption would chain the states more tightly to the “federal chariot” – It would shift the attachment of wealthy creditors from the states to the federal government Hamilton’s Financial plan • States burdened with heavy debts, like Massachusetts were delighted by Hamilton’s proposal • States with small debts, like Virginia, were less charmed • While Virginia did not want the state debts assumed, they did want the forthcoming federal district—now District of Columbia, located on the Potomac River. • THAT’S WHY WASHINGTON DC IS WHERE IT IS…. A FORMER SWAMP BECOMES THE NATION’S CAPITOL BECAUSE IT’S WHERE SWAMP CREATURES STILL LIVE How to pay the debt??? Duties and Excise Taxes • Money was to come from customs duties: Tariff revenues on a vigorous foreign trade – The first tariff law imposed 8% on the value of dutiable imports, passed in 1789 • Revenue was the main goal • Was also designed to erect a low protective wall around infant industries • Hamilton wanted to see the Industrial Revolution come to America, thus urged more protection for the well-to-do manufacturing groups Duties and Excise Taxes • Hamilton sought additional internal revenue: – In 1791 secured an excise tax on a few domestic items, notably whiskey • New levy of 7 cents a gallon borne by the distillers who lived in the backcountry • Whiskey flowed so freely on the frontier in the form of distilled liquor that it was used for money. p185 VII. Mutinous Moonshiners in Pennsylvania • The Whiskey Rebellion: – Flared up in southwestern Pennsylvania – Big challenge for the new national government – Defiant distillers cried “Liberty and No Excise” – Washington summoned the militias – When the troops reached western Pennsylvania, they found an insurrection – The Rebellion was put down How does an anti-federalist respond???? Figure 10-1 p184 The Emergence of Political Parties • All Hamilton’s schemes encroached sharply upon states’ rights: • This raised a fundamental question: did the people or the states create the republic? • National political parties emerge • Political factions occurred before; but disbursed when the issue was resolved. • This question was different and had so many sub issues that it created permanent political parties Table 10-2 p186 Washington’s Trouble 2nd Term • Now there were the two major parties: • Jeffersonian Democratic-Republicans • Hamiltonian Federalists – With Washington’s second term, foreign-policy issues brought the differences between the parties to a fever pitch – President Washington decided to retire after serving 2 terms (established 2-term tradition for presidents, "silent law") Washington’s Farewell Address • His Farewell Address was never delivered orally, but it was printed in newspapers. • Washington warned against political parties and promoted neutrality, 2 things that would be broken in the future. • Washington strongly advised against "permanent alliances" like the Franco-American Treaty of 1778 (that was still in effect). He favored "temporary alliances" in the case of emergencies - this would keep the weak nation together (and out of war!) • Washington set a precedent for keeping a strong national government, promoting patriotism, and keeping morality in the government. The Emergence of Political Parties • The two-party system has existed in the United States since that time – Their competition for power proved to be the indispensable ingredients of a sound democracy – The party out of power plays the invaluable role of the balance wheel, ensuring that politics never drifts too far. p188 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 • News later reached America that France had proclaimed itself a republic • Early on Americans were enthusiastic … France had copied them!!!! p189 p187 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 • The earlier battles had not hurt America directly, but not until Britain was caught into the revolution did the revolution spread to the New World. • Every major European war, beginning in 1688, involved a watery duel for control of the Atlantic Ocean (See Table 6.2, p. 103). X. Washington’s Neutrality Proclamation • French-American alliance of 1778: – Bound the United States to help the French defend their West Indies – Jeffersonian Democratic-Republicans favoring honoring the alliance – America owed France its freedom, and now was the time to pay the debt of gratitude – Washington was not swayed by the clamor of the crowd. X. Washington’s Neutrality Proclamation (cont.) • Washington: • Believed that war had to be avoided at all costs • The strategy of playing for time while the birthrate fought America’s battles was a cardinal policy of the Foundling Fathers • Hamilton and Jefferson were in agreement. – In 1793 Washington issued his Neutrality Proclamation shortly before war broke out between England and France. X. Washington’s Neutrality Proclamation (cont.) • Neutrality Proclamation: • Proclaimed the government’s official neutrality in the widening conflict • Sternly warned American citizens to be impartial toward both armed camps – America’s first formal declaration proved to be a major prop of spreading isolationist tradition • It proved to be enormously controversial • The pro-French Jeffersonians were enraged and the British Federalists were heartened. X. Washington’s Neutrality Proclamation (cont.) • Debate intensified: – Citizen Edmond Genet, representative of the French Republic, landed at Charleston, S. Car. • Was swept away by his enthusiastic reception by the Jeffersonian Republicans • He came to believe that the Neutrality Proclamation did not reflect the American people’s wishes • Thus embarking on non-neutral activity not authorized by the French alliance • Washington demanded Genet’s withdrawal. Map 10-1 p191 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 (see Map 10.1) • London was reluctant to abandon her lucrative fur trade • London also hoped to build an Indian buffer state • They openly sold firearms and firewater to the Indians of the Miami Confederacy XI. Embroilments with Britain • 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 – They hoped for recognition of their sovereign status. . (They were wrong!) – The Indians felt it put some limits on the ability of the United States to decide the fate of Indian peoples. (They were wrong again!) XI. Embroilments with the British • The British seized 300 American merchant ships, impressed scores of seamen into British service and threw hundreds into foul dungeons. • Impressment incensed patriotic Americans • War with the world’s mightiest commercial empire would pierce the heart of the Hamiltonian financial system. Jay’s Treaty and Washington’s Farewell • Jay’s Treaty: – Washington decided to send Chief Justice John Jay to London in 1794 • In London, Jay routinely kissed the queen’s hand, must to the dismay of the Jeffersonians • Jay entered the negotiations with weakness, which was further sabotaged by Hamilton • Jay won few concessions Jay’s Treaty and Washington’s Farewell • 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. Jay’s Treaty and Washington’s Farewell • Jay’s unpopular pact: • Energized 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. Jay’s Treaty and Washington’s Farewell • 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 • It was this foreign policy wrangling which drove Washington to retirement p193 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: – Jefferson, as runner up, became vice-president – Adams was a man of stern principles, who did his duty with stubborn devotion – He was a tactless and prickly intellectual aristocrat – Had no appeal to the masses – He was regarded with “respectful irritation.” John Adams Becomes President • He had other handicaps: – 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. Unofficial Fighting with France • The French were infuriated by Jay’s Treaty: • Condemned it as the initial step toward an alliance with Britain, their perpetual foe • Assailed it as a flagrant violation of the FrancoAmerican Treaty of 1778 • French warships, in retaliation, began to seize defenseless American merchant vessels, three hundred by mid-1797 • The Paris regime refused to receive America’s newly appointed envoy and even threatened to arrest him. Unofficial Fighting with France • Adams tried to reach an agreement with the French: • Appointed a diplomatic commission of three men, including John Marshall, the future chief justice • Adam’s envoy reached Paris in 1797 where they hoped to meet with Charles Maurice de Talleyrand, the crafty French foreign minister • They were secretly approached by three gobetweens, later referred to as X, Y, and Z • They demanded a loan of 32 million florins. Unofficial Fighting with France • Plus a bribe of $250,000 for the privilege of merely talking with Talleyrand • Terms were intolerable and negotiations quickly broke down • 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. . Unofficial Fighting with France • War preparations: • Pushed along at a feverish pace, despite considerable Jeffersonian opposition in Congress • 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) Unofficial Fighting with France • War itself: • War was confined to the sea, mainly West Indies • 2 1/5 years of undeclared hostilities (1798-1800) • American privateers and men-of-war captured over 80 armed French vessels • Several hundred Yankee merchant ships were lost to the enemy – Only a slight push, it seemed, might plunge both nations into a full-dress war. Adams Puts Patriotism Above Party • Embattled France wanted no war: • Talleyrand realized there was no use in fighting the United States • The British were driven closer to their wayward cousins • Talleyrand let it be known that if the Americans would send a new minister, he would be received with proper respect • This brought to Adams a degree of personal acclaim that he had never known before—and would never know again. Adams Puts Patriotism Above Party – Adam exploded a bombshell when in 1799 he submitted to the Senate the name of a new minister to France – American envoys found things better when they reached Paris early in 1800 – The Corsican Napoleon Bonaparte had recently seized dictatorial power – The Convention of 1800 treaty was signed in Paris. XV. Adams Puts Patriotism Above Party (cont.) • The Convention of 1800: • France agreed to annul the 22-year-old marriage of (in)convenience • As a kind of alimony the United States agreed to pay the damage claims of American shippers • John Adams deserves immense credit for his belated push for peace – He smoothed the path for the peaceful purchase of Louisiana three years later – His suggestion for his tombstone: “Here lies John Adams, who took upon himself the responsibility of peace with France in the year 1800.” XVI. The Federalist Witch Hunt • Federalist actions to muffle the Jeffersonian foes: • First, aimed at pro-Jeffersonian “aliens” – Raised the residence requirement from 5 years to 14 – This law violated traditional American policy of open-door hospitality and speedy assimilation • Second, Alien Laws— – President could deport dangerous foreigners in time of peace and defensible as a war measure – This was an arbitrary grant of executive power contrary to American tradition/Constitution. Never enforced. XVI. The Federalist Witch Hunt (cont.) • Third, Sedition Act—slap at two priceless freedoms guaranteed in the Constitution by the Bill of Rights: – Freedom of speech and freedom of the press (First Amendment) – This law provided that 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 Sedition Act seemed to be in direct conflict with the Constitution. p197 XVII. 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— – A theory popular among English political philosophers – This concept meant that the thirteen sovereign states, in creating the federal government, had entered into a “compact,” or contract, regarding its jurisdiction – The nation was consequently the agent or creation of the states. XVII. The Virginia (Madison) and Kentucky (Jefferson) Resolutions – The individual states were the final judges of whether their agent had broken the “compact” by overstepping the authority originally granted – 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.” • No other state legislatures fell into line: – The Federalist states added ringing condemnations – They argued that the people, not the states, had made the original compact, therefore it was up to the Supreme Court—not the states—to nullify unconstitutional legislation passed by Congress. XVII. The Virginia (Madison) and Kentucky (Jefferson) Resolutions • The Virginia and Kentucky resolutions: • Brilliant formulation of the extreme states’ rights view regarding the union • More sweeping in their implications than their authors had intended • Later used by southerners to support nullification— ultimately secession • Neither Jefferson nor Madison had any intention of breaking the union; they wanted to preserve it. XVIII. Federalists Versus DemocraticRepublicans – As the presidential contest of 1800 approached: • Federalists and Democratic-Republicans were sharply etched (see Table 10.3) • Conflicts over domestic politics and foreign policy undermined the unity of the Revolutionary era • Could the fragile and battered American ship of state founder on the rocks of controversy? • Why would the United States expect to enjoy a happier fate? Table 10-3 p198 p199