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U.S. BEGINNINGS 1781 - 1800

I. The Early U.S. Government

A. The SecondContinentalCongress which met

in the Spring of 1775actually served asthe U.S. governmentuntil the constitutionwas completed(1789).

Following the end of the fighting and recognition of theU.S. by Britain, the major problem facing congress was toform a working form of government.

Once independent, they wereoutside the commercial

protection of the British, manyof whose ports, especially inthe Caribbean, were nowclosed to American shipping.

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a. Britain no longer paid a bounty for Carolinian indigowhich disappeared as a crop.

Carolinian indigo disappeared as an American crop

American crops were now frozen out of the British WestIndies

b. The export of horses, cattle, hogs, poultry, beans,potatoes, flour, rice, oats was stopped unless sent on"British built ships owned by His Majesty's subjects;"

c. Cured meats, fish, and dairyproducts were also excludedfrom the West Indies;

d. As a result of the closing ofthese markets, surplus

crops of farmers in MA, the CN and Hudson Valleys and

Eastern PA piled up, causing farm prices to fall. (SUPPLYAND DEMAND?)

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The Continental Congress had foreseen this problem and

had taken steps to correct it.

a. New trade routes were sought while the Revolutionarywar was being fought

(1) New routes to the Far Eastwere found;

(2) Trade with China and Asiaproved to be very profitableand of long duration

b. Americans were encouragedduring the war to develop theirown manufacturing goods, tolessen U.S. dependence onBritish goods.

c. The need for some kind ofnational economic regulationwas underscored becausedifferent states chargeddifferent tariffs.

d. A common currency was needed, a problem magnifiedby the economic depression following the RevolutionaryWar among farmers who were land rich but cash poor

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Articles of Confederation

Background

a. At the time of the Declaration ofIndependence, it was decided to write a

framework for central government.

c. Within one year the

Articles of Confederationwere finished and ratifiedin 1781.Features of the Articlesof Confederationa. The nationalgovernment wasweakened and not giventhe authority it needed.

b. Because it wasbelieved that powercorrupts, the executivewas little more than a figurehead, with no real power,

and there was no judicial branch.

c. Although Congress was given broad powers, it wasdenied the same powers that the people had denied to

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Parliament:

Congress could not tax - funds were contributed to the

national government only through the appropriationsof state legislatures, based on requests by congressproportionally according to population.

(2) Changes could be madeonly through unanimousconsent- every state had to

ratify an amendment or thedocument could not bechanged;

(3) Every state was equal to theother and each received onevote in Congress.

(4) Frequent elections were to be held annually - noone elected delegate could serve for more than threeyears, but could return after three years.

What Congresscould do:a. Set quotas for men andmoney which could beasked for from the states;

b. select an executive from

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members of Congress;

c. make commercial and other Treaties (as with France

1778 and with Britain 1783);

d. conduct war and foreign affairs,including negotiation with Indians;

e. manage public lands in the west, limitstate boundaries, and admit new states;

f. borrow money, sell war bonds, regulate coinage andprovide a currency base.

State powers

a. State governments,

assumed to be the mostpowerful, had many powersthat the national governmenthad -- right to issue bills ofcredit, borrow and mintmoney, deal with foreigngovernments and engage in war (with congress'sconsent)

b. Only states could tax citizens, and legislateregarding family affairs and indebted-ness and themaking of contracts

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c. The states also feared giving too much power to one

man.

C. Problems with Ratification of theArticles of Conferation

The debate over western territory delayed finalratification of the Articles until

1781.

II. U.S. GovernmentUnder the Articles ofConfederation

A. Weaknesses Of the

Articles of Confederation

Amendments required a unanimous consent, so not oneamendment was ever ratified.

a. The proposal of a 5% duty on imports was defeated byRhode Island in 1781;

b. A second import duty proposed in 1783 was vetoedwhen NY placed so many conditions on it that the otherstates would not agree to them.

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Agriculture

a. Farmers suffered during the war, having fences andbuildings destroyed and crops burned, dikes in theCarolinas were neglected or destroyed by troops, thefrontier line was pushed back because of Indian raids, andthe labor supply was depleted because of runaway slaves,encouraged by the British;

b. After the war, farmers lost the payment of bounties forcertain crops like indigo and markets closed within theBritish Empire, so that surplus crops drove prices down.

c. Western settlers (esp.Kentucky and Tennessee)needed salt, guns, powder,

shot, farm implements, cloth,notions and small luxuries,which must be purchased inEurope or Asia;

d. Because the overland route(Appalachian MTS) by pack mule was too costly, westernsettlers sailed goods down the Mississippi and itstributaries to New Orleans, for shipment to the Caribbeanor the East coast.

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e. According to the Treaty of

1763, Spain controlled themouth of the Mississippi andwas reluctant to allowAmericans to use NewOrleans.

Industrya. American manufacturers

fared well during the war,but after the peace, consumers went on a spending spree,leaving manufacturers with few customers;

b. Some states used tariffs to protect local industry butmerchants who imported goods opposed tariffs

c. States exempted goods exported from other states,making the system ineffective.

Creditors andDebtorsa. Because Congresscould not tax, it stopped

paying interest andprinciple on its nationaldebt which caused thevalue of governmentsecurities to drop sharply;

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b. Because British goods were snapped up immediately

after 1783, merchants sent the remaining gold and silveroverseas to purchase additional goods.

c. The absence of cash causedprices to fall sharply,creating demand for sometype of paper currency

d. Although many states had issued currency, it was notlegal tender and did not have to be accepted by creditors.

Foreign Affairs

a. France remainedfriendly and honored its

trade privileges;

b. Britain was antagonisticto the new government as were many smaller nations anddid not evacuate their forts in the Ohio Valley as agreed inthe Treaty of 1783 (although the U.S. was notcompensating Loyalists for lost property);

c. U.S. citizens were notpaying their pre-wardebts to Britishmerchants as agreed in

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the Treaty of 1783, and the Congress was powerless toforce compliance;

d. When Spain refused to let U.S. ships into LatinAmerican ports, the U.S. gave up the right to depositgoods in New Orleans in exchange for some concessionsin Latin America, a 25-year agreement, pleasing easternmerchants but angering westerners;

e. North African Barbary States(Morocco, Algiers,Tunis, and Tripoli)

Had

extracted ransomsand bribes fromEuropean nationswho either paid orprotected theirships in theMediterranean, but

U.S. shipping,having dependedon the British navy and unable to pay bribery payments,were constantly harassed by Barbary Coast pirates

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Daniel Shays's Rebellion In Massachusetts(August - December 1786)

a. Massachusetts,committed to paying off itsRevolutionary debts, hadthe heaviest state taxeswith land bearing about 2/3of the burden, and also

required that every legaltransaction be recorded incourt (with payment ofcourt costs and legal fees;

b. Massachusetts farmers, unable to pay their debts, facedforeclosure, having all property, including furniture,seized in order to pay off debts.

c.

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c. Hampshire County's

Courthouse (August 1784-86) had

about 3,000 debt cases

d. As the crisis worsened, especially in WesternMassachusetts, pressure controlled by favorablelegislators could be elected;

f. One such farmer's protest was led by Daniel Shays

(1747-1825), a Continental army officer from Pelham inHampshire County, who, by mid-1786, with a mob of1,500, ended court foreclosures by surrounding theHampshire County courthouse.

e. To prevent moreforeclosures, some courtswere seized un til GovernorJames Bowdoin, called outthe state militia.

h. 600 militiamen whoapproached the rebels under

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the command of Gen. William Shepherd, three protesterswere killed and the rebels scattered, including Shays.

Shays escapedto Vermont andCanada beforesettling in New

York, dying inSparta at age84.

i. Several rebelswere tried andsentenced todeath, but Shays and all others were either pardoned orserved only short sentences.

Many viewed such rebellions as threats to propertyrights -- to halt the seizure of property to whichcreditors had claims was viewed as an attemptedviolation of those rights sentenced to death, but Shaysand all others were either pardoned or served onlyshort sentences.

C. Settlement of Western LandsLand Distribution

a. Congress could limit state boundaries and admit newstates from the western territory which had been ceded by

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the larger states, prior to the ratification of the Articles ofConfederation.

b. In New England, land had been surveyed and sold inblocks while in the South a buyer got the rights to somany acres, pretty much where he wanted, followingnatural boundaries (rivers, etc).

Land Ordinance of 1784Lands North of the Ohio River was divided into sixteendistricts, which established a precedent for the futuredivision of lands in the Ohio Valley

Land Ordinance of 1785a. The area North of the Ohio River and between theAppalachian Mountains and the Mississippi River was

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designated the North WestTerritory

b. An orderly pattern forsurveying the lands wasestablished whereby the landwas divided into townships ofsix square miles (36 sections ofone square mile each):

(1) One section in eachtownship was set aside foreducation;

(2) Land was reserved for veterans and some sold at $1per acre to raise money

(3) One-half was sold as complete units of a minimum of

640 acres or one section;c. Because not many could afford to buy one section,arrangements were made for land companies to purchasesections and sell them in smaller parcels.

Northwest Ordinance (passed during

the Constitutional Convention 1787)

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a. The Ordinance of1785 was revised

and the process ofstatehood wasestablished.

b. The NorthwestTerritory was dividedinto three to fivestates which could

enter the union on an equal footing with older states.

(1) A territory was opened when Congress appointed aninterim government, consisting of a governor, a secretaryand three judges;

(2) After 5,000 free white males were in a territory, theyelected a bi-cameral legislative assembly and sent a non-

voting representative to the U.S. Congress while theterritorial governor had veto power over the assembly;

(3) After the population ofa territory reached

60,000, a territory coulddraft a constitution and

apply for statehood;(4) Although allowed at

first, slavery wasprohibited in the

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Northwest Territory.

(5) State constitutions had to guarantee religious freedom

and the right to a trial by jury and states had to haveelected representative governments;

d. As a result, Congress maintained almost completecontrol over frontier growth.

Constitutional Convention

(aka the Philadelphia Convention).Early attempts to Begin the Process forChangeCrisis Magnified

Rebellions like Shays' were translated in the popular

mind into a national crisis, created the fear that thenation was on the brink of collapse and underscoredthe need for a stronger central government withpowers to deal with these problems.

d. Shays's Rebellion nationally symbolized potentialanarchy and moved many off the fence to push for actionto male the Articles of Confederation more workable.

e.

Mount VernonConference March

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1785

a. Geo. Washington hosted a meeting at Mt Vernon todiscuss improving navigation on the Potomac.

b. Delegates from MD andVA quickly agreed overnavigation rights on thePotomac River andChesapeake Bay and onapportionment of expensesfor marking the channelthrough Chesapeake Bay.

A broader meeting was suggested to include PA andDE to discuss import duties and currency problems.

Annapolis Meeting September 1786

a. The Virginia legislature issued a call to all states todiscuss trade and commerce.

b. Although this was not legal (only Congress could callsuch meetings), 9 states agreed (including NH, MASS, RI,

NC), but only delegates from 5 states (NY, DE, VA, PA, NJ)arrived in time.

c. John Dickinson, chairman, because of the slim

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attendance, decided that it would be useless to proceed toa study of interstate commercial problems.

d. Alexander Hamilton drafted a statement which wasadopted urging all states to attend a meeting inPhiladelphia, scheduled for May 1787, to reviewcommercial and all other matters necessary to render theconstitution of the Federal Government adequate to theexigencies of the Union ..

e. Congress under pressure called fora meeting in Philadelphia (February1787) whose sole purpose would be toconsider amendments to the Articles ofConfederation.

B. Philadelphia ConventionMake-up of the Convention -- Twelvestates -- Rhode Island not participating

a. Delegates(1) 55delegateswith an

average ageof 43, rangingfrom 81-years(BenjaminFranklin of

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PA) to 26-years (Jonathan Dayton of NJ);

(2) 29 were college trained; one-half were lawyers, and the

others were planters, merchants, physicians and collegeprofessors.

(3) George Washington was unanimously electedpresident and William Jackson (1759-1828), secretary.

(4) Each delegate at the Convention felt that their dutywas sacred -- the U.S. faced anarchy, if something was not

done quickly).

b. Early decisionsmade at thePhiladelphia

Convention16 September1787

(1) The proceedings were to be held in secret, withnothing told or published about the meeting until changeswere finalized (James Madison's detailed notes werepublished after 1840);

(2) The cobblestone streetswere covered with dirt to

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minimize noise;

(3) The Articles of Confederation were to be ignored,

replaced by a new written document which would give thegovernment certain powers which the Articles ofConfederation did not grant

(4) Each state would vote as a single unit.

c. Delegate desires

(1) A strong government with the power to tax;(2) The power to regulate commerce;(3) The power to raise an army with the power torequire military service;(4) A stronger executive to head the government;(5) An easier amendment process.

Opposition to the Convention-- Not everyonefavored changing the Articles, because they opposed afederal government which would exist at the expense ofthe states.

a. Patrick Henry refused to attend the meeting andworked against the ratification of the constitution in

Virginia until it was completed (but once ratified, he nolonger worked against it).

b.

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legislatures.

The New JerseyPlan (June 1787)

b. Its mainfeaturesincluded:

(1) Equalrepresentation of each state, regardlessof size or population;

(2) Congressional power to tax and regulate foreign and

interstate commerce;

(3) Congressional appointment of a plural executive withno veto power and asupreme court;

(4) U.S. treaties andacts of Congress

would be the supremelaw of the states.

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Plan or The Great Compromisea. An upper house (Senate) would be based on equal

representation and vote as individuals

b. A lower House of Representatives would beproportionally represented.

c. A census every ten years would determine the numberof representatives per state.

Other CompromisesThree-FifthsCompromise

Counting ofSlaves

(1) The South wantedslaves to becounted as people

for population and representation purposes but not

for taxation purposes.

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The

selectionof thePresidentof theUnited

States ofAmerica

(1) The president would be elected for a four-year termand could be re-elected

(2) The candidate receiving the majority of votes of the

electors would be President and the second placecandidate would be vice-president.

(3) If two candidates had a majority, House ofRepresentatives would elect him.

(4) If no one had a majority, the top five candidates whoreceived votes would be voted upon by the House of

Representatives.

c. Congress would be regulated by a simple majority exceptfor treaties which would require a 2/3 vote of the Senate.

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d. Elastic Clause of

Article Ie.

f. listed specific powers reserved for thenational government, giving Congresswhatever power was necessary to carry

them out.g. It provided for three branches of government,

each with distinct powers:

h. Executive Branch Executive Branch

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Executive Branch, overseen by a chiefexecutive orpresident (elected by an electoralcollege chosen by the states), with veto power, powerto make treaties, served as commander-in-chief of themilitary, and made federal and judicial appointments

(2) LegislativeBranch,

composed of twohouses (Senate --two from each stateelected for six-yearterms by the statelegislatures; House

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of Representatives based on population elected by thepeople every two years) which could override a

presidential veto by a two-thirds vote, can declare war,Senate confirms presidential appointments and ratifiestreaties with a two-thirds vote and the House ofRepresentatives can impeach the executive;

(3) Judicial Branch, themost weakly defined of thethree, composed of judgesappointed by the executivebut confirmed by congresswith lifetime tenure with nosalary reductions.

The final form 1787

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C. Ratification Process

Delegates

a. Of the 55 delegates, only 39 signed the newconstitution.b. Of those who did not sign, only Edmund Randolph, whoinitially opposed it because it was not entirely like hisplan, eventually did support and sign it.

Federalists v. Anti-Federalists

Opponents Anti-Federalists

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b. States' rightists believed that thegovernment that governs best, governs

least.

These individuals tended to be smallfarmers, artisans, illiterates and from thepoorer classes.

c. Also concerned that there was no bill of rights toprotect individual freedoms.

Supporters of theConstitution --Federalists

a. These realists believed that if thenatural rights philosophy wastaken straight, it would topplethe government.

b. They tended to be from thecultured propertied groups along

the Atlantic Seaboard.

c. Federalist Papers --Alexander Hamilton was the major author.

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(1) Supporters of the Constitution were better organizedto present their arguments for ratification, stressing the

inadequacy of the Articles of Confederation and that theConstitution conformed to the best principles ofrepublican government.

(2) John Jay (5), James Madison (28)and Alexander Hamilton (51)penned masterful essays on theConstitution;

AlexanderHamilton(3) 77 essays published under the

name Publius in New YorkPapers from October 1787 -April 1788, were combinedwith 8 others and published intwo volumes, entitled The

Federalist.

(4) Most significant was Federalist #10 byJames Madison which argued that a republican

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form of government could extend over a vastamount of territory.

Early Ratification

IV.New Governmentunder theConstitution

A. Organization of theNew GovernmentThe first presidential

elections January 1789

a. Electors chosen either by state legislatures or directlyby the people

b. Electors cast their ballots inFebruary for president.The first Congress 4 March

c. The Senate on 6 Aprilcounted the ballots forPresident.

(1) George Washington was

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unanimously elected President with 69 votes, and on 30April, Washington was inaugurated as the first U.S.

president.(2) John Adams was chosen Vice-President with 34 votes.

B. Early Tasks of the New GovernmentThe Bill of Rights

a. A set of amendments that guaranteed certain individual

rights had been promised as a condition of ratification insome states.

b. Amendments tothe new Constitutioncould be proposedby a 2/3 vote in both

Houses of Congressor by constitutionalconventions calledby 2/3 of the states.

d. Ratification by 2/3 ofthe states wasrequired to approve

an amendment.

g. First Amendment guaranteed religious freedom fromthe national government and was modeled after the

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Virginia Statute for Religious Freedom , written byJefferson, and passed (January 1786) by the House of

Burgesses.h. Ninth Amendment stressed that the lack of a right beingspecified should not imply that the right did not exist.

i. Tenth Amendment satisfied the states' rightists byspecifying that all other rights not delegated or prohibitedbelonged to the states and to the people.

Federal Judiciary Act of 1789 September

a. The Supreme Court was organized to consist of a ChiefJustice and five Associate Justices.

b. It created 13 district courts and 3 circuit courts andestablished the office of Attorney General, which became

a cabinet level post.

c. John Jay - first Supreme Court chief justice andEdmund Randolph - first Attorney General.

C. Financing the NewGovernment - Hamilton's

Fiscal Program

Alexander Hamilton's fiscal programto the House of Representatives

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created a controversy out of which developed two distinctparties

Federalists v. Republicans.

The purpose of his program was two-folda. To establish and maintain the public credit and therebyrevive confidence in the government at home and abroad.

b. To strengthen and stabilize the central government by

fostering a consciousness of national solidarity of interestamong business and commercial groups who held mostof the domestic debt.

It favored the wealthy who would lend money and moralsupport to the new nation.

Hamilton reported on the debt inherited from theConfederation (January 1790)

a. U.S. foreign debt, held mostly by the French and theDutch -- $11,710,378;

b. Domestic debt, including arrears of interest +unliquidated claims and currency -- $44,414,085;

c. State debts -- estimated at $25 million.

Hamilton's Recommendationsa. Funding at Par

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Fund the foreign and domestic debt at par, lettingcreditors to exchange depreciated securities for new

interest-bearing bonds at face value.

b.Assumption of State Debts- the Federal Government should assume debts of

$21,500,000 incurred by the states during the Revolution.

Domestic Debt Controversy

The proposal on the foreign debt was virtuallyunopposed, but debtor and agrarian groups bitterlyopposed the funding of the domestic debt because theyhad been forced to sell off their securities at a steepdiscount.

(1) The government bonds or certificates had been tradedto merchants at less than face value, and merchants had

restocked, using them at even less value;

(2) The certificates had in some cases depreciated to 10 or15 cents on the dollar

(3) Speculators had purchased many depreciatedcertificates, hoping to cash in.

(4) Hamilton had tipped off several speculators whowere his friends in the hopes that by putting capital intheir hands, they would invest it in industrialdevelopment and become endeared to the new federal

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governments.

b. Assumption of state debtswere opposed by thesouthern states, who hadalready made arrangementsto discharge theirindebtedness.

c. Critics believed that

Federal power wouldincrease at the expense ofstate power.

James Madison (VA) led opposition to the assumptionplan -- defeated 31-29.

Sectional Compromise onthe Assumption BillArranged by Jefferson andHamilton

a. If northerners voted to locatethe National Capital alongthe Potomac instead of inPhiladelphia, southernerswould approve assumption

b. The House on 10 July by a vote of 32-29 fixed the site of

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the projected national capital in a district 10 miles squarealong the Potomac, the precise area to be selected by the

President, using Philadelphia as temporary capital until1800.

On 26 July by a vote of 34-28, the House adopted theassumption plan.

d. Critics mainly in the South remained apprehensive andfound a voice in Patrick Henry whose Virginia resolutions

(December 1790) warned that the assumption schemecreated a moneyed interest, subordinated agricultural tocommercial interests, was inimical to republicaninstitutions and the federal form of government and wasnot authorized by any clause in the U.S. Constitution.

Bank of the United States February 1791

a. Hamilton recommended anational bank to stimulatebusiness and print papermoney for a strong nationalcurrency.

b. The bank would bechartered for 20 years as aprivate institution with thefederal government as themajor stockholder and be

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located in Philadelphia.

c. This issue - Did the Federal Government Have thePower to Charter a Bank - magnified the difference ofopinion over how the constitution should be interpreted.

(1) Jefferson's doctrine of strict construction cited thetenth amendment because incorporating a bank was notspecified as a power of Congress.

(2) Hamilton'sdoctrine ofimpliedpowers orlooseconstruction

argued thatbecause

Congress could collect taxes and regulatetrade, it had the power to employ whatevermeans was necessary to execute its powers.

(3) Washington, who had asked for the opinion of hisCabinet, favored Hamilton's view, mainly because theproposal fell within the jurisdiction of his department.

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a. Hamilton levied an excise tax on

manufactured distilled liquorsto raise revenueb.

b. This tax of seven cents pergallon imposed a heavy burden

on backwoods farmers for whomdistilling was the chief means ofdisposing of surplus grain

(because of poor roads and highshipment costs).

Resistance to the Whiskey Tax(August - September 1792)

(1) This tax was resisted in theSouth, especially in centralNorth Carolina, and in fourwestern counties inPennsylvania.

(2) The resolutions of Albert

Gallatin denounced the tax anddeclared that legal measureswould be taken to obstruct the collection of the taxes.

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Hamilton's BalanceSheet

a. Hamilton hoped that avigorous trade woulddevelop on which tariffscould be charged thusraising revenue.

b. Although he favored moreprotection for theestablished manufacturing

groups, only two slight increases were passed duringWashington's administration over the eight percent tariffCongress had already passed on certain imports

c. Hamilton did not achieve support for bounties forindustrial development.

d. His overall plan strengthened the Federal Governmentbut led to the development of political parties.

V. Growth of Political PartiesA. Background

Members of the Constitutional Convention believed thatfactions would exist in the U.S., but never envisioned thegrowth of political parties.

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Whigs and Tories had existed in the pre-RevolutionaryWar days.

Tensions between Federalists and Anti-Federalistsincreased and were often sectional in nature (althoughboth factions claimed to represent U.S. interests, not aparticular region) following the same lines of thought thathad forced compromises on the Constitution.

Being dissatisfied over the administration's fiscalpolicies, Jefferson and Madison toured New York and

parts of New England to sound out Anti-Federalistsentiment and gauge the possibility of forming a coalitionalong national lines.

B. Beginning Stages Of Political Partiesin the United States

Two easily-definable groupsmaterialized (1792-93):

a. Anti-Federalists, led by Jefferson and Madison, werefrequently called Republicans (but also known asDemocrat-Republicans), and tended to be pro-French.

b. Federalists led by Hamilton, Washington, and Adamstended to be pro-British.

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Two Party newspapers developed:a. National Gazette (1791) under Philip Freneau was anti-

administration.

b. Gazette of the Unites States (1789) under John Fennowas Federalist.

Federalist BeliefsJohn Adams Alexander Hamilton

a. Rule should be done by the "best" people or the elite;

b. Deplored the democratic tendencies of the masses,distrusting their ability to govern

c. Desired a potent central government which fosteredbusiness, commercial, shipping and financial interests,not regulate them;

d. Sympathetic toward creditor interests;

e. Attracted merchants, manufacturers, shippers in theurban, seaboard areas.

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Republican Beliefs

a. Rule by the people (onlythe ignorant were unfit

to govern);

State power favoredover federal power tokeep the government

closer to the people

Desired a weak centralgovernment, distrusting centralized government;

No special privileges for anyClass, although Jefferson favoreda democratic agrarian order basedon the individual freeholder;

e. Relative freedom fromindustrialism, urbanism andorganized finance, sympathetic todebtor interests;

f. Attracted middle class, poorfarmers, agrarians in the South and Southwest.

C. Controversies in Foreign Policy Which Fostered Party

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GrowthProblems with France -- Even though France was out of

North America after 1763, it remained the enemy of theAmerican colonies, as part of the British Empire, until theTreaty of Amity and Commerce 1778.

a. French Revolution 1789

(1) After the overthrow of the French monarchy, many

Americans were pleased, seeing many similarities withthe American Revolution, but when the revolution turnedinto a Bloody Reign of Terror in 1791 (executing bothLouis XVI and Marie Antionette by 1793), many Americanscooled somewhat toward France.

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(2) The perpetual treaty with France as an ally raised aquestion - With which French government were we allies,

because a government-in-exile composed of members ofthe former government existed outside of France.b. In 1793, at the beginning ofWashington's second term,Britain declared war on France,and Americans began to takesides.

(1) Federalists supportedBritain, believing U.S. destinywas more in line with them.

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French.

Problems with Britaina. The U.S. took over trade routes across the Atlantic afterthe Revolutionary War.

b. Once war was declared, France and Britain hinderedU.S. trade with the other nation.

c. Britain's Orders in Council in 1793 (whereby Britaininterfered with American neutral shipping) intensified thefriction between the U.S. and Britain.

Impressment of American Sailors

One issue precipitating the War of 1812 wasthe British disregard of American shippingrights. British ships frequently stoppedAmerican ships, confiscated their cargo, and

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impressed (captured) crew members,claiming they were deserters from Britains

Royal Navy.

(1) The British practiced impressments whereby U.S.ships were stopped, searched and suspected Britishcitizens were "pressed" into military service.

(2) Although the exact number of citizens impressed isunknown, the usual figure given is 6,000 (although it is

sometimes listed as high as 10,000).

VI. Washington's Administration(Federalist)

A. The President Organizes theGovernment

Although not specified in the Constitution, Cabinetmembers were selected to help run the government, allwere selected in 1791.

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a. Foreign Affairs(July), renamed

Secretary of State -Thomas Jefferson

b. Secretary of War(August) - HenryKnox.

c. Secretary of

Treasury(September) -Alexander Hamilton

d. PostmasterGeneral wasreestablished (September) - Samuel Osgood .

e. Later added Attorney General - Edmund Randolph

Although Washington had consulted with his departmentheads since 1789, and continued to meet with them onmatters of policy, in November and December 1791 he metwith the department heads on foreign and militarymatters.

At least three such meeting occured in 1792, so that bythe time Adams was president the practice of regularCabinet meetings was well established.

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B. Election of 1792

Because of the Jefferson-Hamilton feud, Washingtonwas pressed into a second term.

Washington received 132 electoral votes (threeabstentions) and Adams was reelected Vice-Presidentwith 77 votes, although Anti-Federalists gave 50 votes toGeorge Clinton (NY).

C. Actions during the SecondAdministration

Neutrality Proclamation 22 April 1793

a. Washington declared U.S. policy regarding the war inEurope would be neutrality toward both sides, althoughHamilton pressed for a repeal of the treaty with France.

b. Washington warned U.S. citizens to abstain from hostileacts against either side.

Citizen Genet Affair

a. When the Minister to the U.S.government from France, EdmundCharles Genet, arrived in the U.S., he

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did not report to Washington but went to Charleston SCinstead, and sought private support for the French cause.

b. Before presenting his credentials (April 1793), hecommissioned four privateers to prey on British vesselsand took steps to organize expeditions against British andSpanish territories, but these non-neutral activities onU.S. soil violated the U.S.-French treaty of 1778.

c. Although warned of the violation of U.S. sovereignty, he

sent a re-commissioned French vessel out to sea forwhich the U.S. government officially requested his recall,although he remained in New York as a private Frenchcitizen.

d. Fortunately, France did not ask for U.S. help, whichthey might have done under the terms of the perpetualtreaty 1778.

e. Although Jefferson agreed that Genet's actions harmedthe Anti-Federalist cause, he continued to favor theFrench over the British

f. After the Genet Affair, Washington began to lean more onHamilton for advice than Jefferson. As a result, Jeffersonresigned as Secretary of State. He was replaced byEdmund Randolph.

Eleventh

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Amendment 5 March, 1794

a. After the Supreme Court case Chisholm vs Georgia(1793, where two citizens from SC sued the state of GA), itprovided in effect that one state was not suable by acitizen of another state.

b. It was ratified in January 1798.Neutrality Act June 1794 - U.S. citizens were forbiddenfrom enlisting in the military of a foreign power and could

not fit out vessels in U.S. ports.

Whiskey RebellionJuly - November 1794

a. Western counties in Pennsylvania erupted in openresistance to the whiskey tax.

b. Seizing this opportunity to show the authority of thenew government, Washington sent to those counties15,000 troops, under Henry Lee, accompanied byHamilton. Washington made it clear that the era of armedrebellion was finished and that the only way disputescould be resolved was through the courts

c. Although two were convicted for treason in May 1795,Washington pardoned them.

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Jay's Treaty

a. A continued source ofirritation was the Britishfailure to evacuate itsNorthwestern forts under theterms of the Treaty of 1783(because legal obstacles hadbeen placed against pre-Revolutionary merchant

creditors wanting their billspaid and against Loyalistsseeking recovery of orcompensation forconfiscated property).

b. Western settlement was retarded and Indian

insurrections were believed instigated by the British, whokept control of the lucrative Ohio Valley fur trade.

c. A chief source of revenue was derived from Britishexports to the U.S., which was a main feature ofHamilton's fiscal system.

d. Supreme Court chief justice John Jay was sent asspecial envoy to England (November 1794) to negotiate anew treaty, because commercial provisions of the Treatyof 1783 were about to expire.

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(1) The most important concession was the promisedBritish withdrawal of Northwest military posts by June

1796.

(2) Britain also agreed to permit U.S. vessels to trade inBritish East Indian ports, to open the West Indian trade toU.S. vessels not exceeding 70 tons burden, if the U.S.would renounce carrying trade in molasses, cotton andsugar, and to grant the U.S. most-favored nation status.

(3) The U.S. agreed to a joint-commission to settle thepayment of pre-Revolutionary War debts, Northeastboundary question, and compensation for illegal maritimeseizures of U.S. goods and any damages to seized ships

f. The treaty did not address impressments, the Indianquestion, the slaves removed by the British or Loyalistclaims.g. Difficulties with ratification

(1) Republicans immediately attacked the treaty andwhipped up support against it, upset by the fact that itreally did not differ from the Treaty of 1783.

(2) Southern planters did not want the debt settled (most

of which was owed by Virginians) and did not like thesilence over stolen slaves.

(3) Northern shipping and commercial interests attackedthe treaty.

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October 1795a. One positive result of Jay's Treaty was this one

between the U.S. and Spain, who feared that the U.S. wasabout to come to terms with Britain.

b. Differences regarding the southern and westernboundaries and the free navigation by Americans of theMississippi were adjusted.

c. U.S. minister to Britain, Thomas Pinckney , achieved

Spanish recognition of the U.S. boundary claims underthe Treaty of 1783 (Mississippi to the west, 31st parallel tothe south) and free navigation of the Mississippi, with aright to deposit goods at New Orleans duty free for threeyears.

This is the only treaty made with a foreign power during

the Washington Administration that can be considered anunqualified success.

Cabinet Reorganization(Only Federalists Remained)

a. Timothy Pickering of Massachusetts became Secretary

of War in January 1795.

b. Hamilton resigned and was replaced by Oliver Wolcott,Jr, although he continued advising the President on major

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policy decisions unofficially.

c. Randolph, under a cloud of corruption, resigned as

Secretary of State, replaced by Pickering.

Naturalization Act (January 1795) required afive-year residency period.

D. Washington's Farewell Address( September 1796)

This address, written with the aid ofMadison and Hamilton, gave Washington'sreasons for not running for a 3d term,establishing a precedent for future

presidents.In this written address, Washington warned of thedangers of a

entanglements.

E. Election of 1796Candidates

a. Two candidates emerged for the Federalists, Hamiltonand Adams, but because Hamilton's fiscal policies were

unpopular, Federalists turned to John Adams.

b. Republicans, strengthened from the debate over Jay'sTreaty, turned to Jefferson.

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Results

a. Adams received 71 electoral votes to Jefferson's 68,which made the executive branch divided between the twofactions.

b. The Federalist Thomas Pinckney received 59 votes andAaron Burr, Republican, 30.

VII. Adams (2d President)Administration (Federalist)

A. John Adams the ManThe first to occupy the White HouseLived to be 90 years old.Married to Abigail for 54 years.

B. Problems with France

Angered over the treaty with Britain, France began seizingU.S. ships, (300 by mid-1797).

Adams sent a three-man commission, Charles Cotesworth

Pinckney (U.S. minister to France), John Marshall (also aFederalist), and Elbridge Gerry (Republican Governor ofMassachusetts), to secure a treaty of amity and commercewith France.

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XYZ Affair

a. The U.S. commission in Paris was unofficially receivedby French foreign minister, Talleyrand, who sent threeagents to suggest that the U.S. could see the Frenchofficially if a $10 million loan were guaranteed and a$240,000 bribe were paid.

b. U.S. agents refused to make concessions, Marshall

replying that not a sixpence would be paid.

c. Gerry remained in Paris after the French suggested thatif all three agents left, France would declare war on theU.S..

d. Although Republicans defended French actions as theironly recourse in the light of Jay's treaty, a pro-war faction

among Federalists fanned by Hamilton pressed Adams todeclare war.

e. In a report to Congress the three French agents wereidentified as "X," "Y" and "Z"

Undeclared Naval War with France 1798-1800

A.K.A. the QuasiWar

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a. His cabinet pressed for an immediate declaration ofwar, but Adams favored a peaceful solution.

b. Nevertheless, Congress passed 20 defensive measuresconsolidate national defense.

(1) Washington was named commanding general andHamilton, inspector general.

(2) Department of the Navy was established (May 1796)with Benjamin Stoddert named Secretary and the MarineCorps was established.

c. Congress terminated the treaties with France in July1798, thus ending the alliance.

d. An undeclared naval war with France began when

France captured the USS Constellation in November 1798.e. Some 80 French ships were captured through 1800.

Convention of 1800

a. The situation changed in France in 1800 when Napoleonseized power.

b. William Vans Murray , became new U.S. minister toFrance after Talleyrand assured the U.S. that our diplomat

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would be received.

c. A new 3-man commission negotiated the Treaty of

Morfontaine (September 1800) which superseded thetreaties of 1778

C. Domestic Issues Under Adams

Alien and Sedition Acts 1798

a. The threat of war with France sharpened public hostilitytoward aliens, esp. refugees from France.

b. Federalists imposed many severe restrictions,including

(1) Naturalization Act - increased the period of residencybefore becoming a citizen to 14 years (repealed in 1802);

(2) Alien Act - permitted the President to order out of theU.S. any alien deemed dangerous to the public peace andsafety or suspected of treasonable or secret inclinations(expired in 1802);

(3) Sedition Act - made it illegal to impede anygovernment policy or to defame a government official

(including the President and the Congress) under penaltyof imprisonment of two years and/or a fine of up to $2000.

(4) Alien Enemies Act - authorized the President, in time ofdeclared war, to arrest, imprison, or banish aliens subject

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to an enemy power;

c. The uneven enforcement of these acts confused

political opposition with sedition.

d. Twenty-five cases were prosecuted involvingRepublican editors and politicians (including onecongressman) in which ten were fined and/or jailed.

Virginia and Kentucky Resolutions

a. Two states (VA led by Madison December 1798 and KYdrafted by Jefferson 1798-99) passed resolutions,invoking the compact theory of the Constitution -- wherethe national government exercised powers not specificallydelegated to it, each state has an equal right to judge foritself.

b. In other words, the resolutions advocated the right ofthe state to declare national acts unconstitutional anddeclared the Alien and Sedition Acts unconstitutional.

c. Although no way yet existed to test the constitutionalityof congressional acts, it was generally felt that statescould not

(1) No other state joined them with similar actions;

(2) Several northern states suggested the judiciary wasthe "exclusive arbiter of constitutionality."

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d. Both states reaffirmed their attachment to the Union

and no other action was taken.

Other issues

a. The first Federal Bankruptcy Law (April 1800) wasextended only to merchants and traders (repealed in1803).

b. Congress convened in Washington for the first time inNovember 1800.

c. John Adams appointed John Marshall , Chief Justice ofthe Supreme Court.

George Washington died at Mt Vernon (14

December 1799), after which Henry Leeeulogized him as first in war , first in peace, first in the hearts of his countrymen

E. Election of 1800 -- Revolution of 1800Candidates

a. Federalists - The handling of the French crisis byAdams created a rift among Federalists with those whofavored war with France (hawkish elements led byHamilton), resulting in an unenthusiastic re-nomination of

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Adams for president and Charles Cotesworth Pinckney(SC) Vice-President.

b. Prominent among Republicans were Jefferson and Burr(NY).

Presidential Election Results of 1800

a. Both Burr and Jefferson received 73 electoral votes,Adams 65, and Pinckney 64.

b. According to the constitution, it was now up to theHouse of Representatives.

c. The Federalist-dominated House of Representativesremained tied (17 February) after 35 ballots.

d. Although the Federalist caucus backed Burr, Jefferson

supposedly agreed not to scuttle the navy nor removeFederalists from lower posts (but no reliable evidencesupports this).

e. While VA threatened to march on Washington to force asettlement, three Federalists cast blank ballots andJefferson was chosen president by ten states (eachreceiving one vote) and Burr became vice-president.

Although the presidential vote was close, the Republicanswon an emphatic majority in Congress with most newSenators being Republicans and every branch of

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government being controlled by them, except for theJudiciary.

For the first time in U.S. history, a memberof the opposition party won the presidency.

Although apprehension was in the air, an orderly transferof government took place which demonstrated that theAmerican system worked.

The inadequacy of the election machinery was changedwith the 12th Amendment.

F. Aftermath of the ElectionAdams, a Federalist, was fearful of a Republican winningthe election, thinking that Jefferson would undo all the

things that the Federalists had done.

In the remaining weeks of his presidency, he made severaljudicial appointments, which because of the lateness ofthem, are called midnight appointments.

Many of these were delivered just before Adams leftoffice.