1. Jefferson: 1801 to 1809• VP: Aaron Burr • The Revolution of 1800

• peaceful transfer of power• Jeffersonian Democracy

2. Marbury vs. Madison, 1803 • Midnight appointments of Adams.

• Chief Justice John Marshall• Judicial Review

• Power of Supreme Court to declare a law unconstitutional

Notes1

3. Jefferson’s Achievements:•Secured westward expansion

•Louisiana Purchase•Lewis and Clark

4. Defends our neutrality---freedom of the seas•Barbary Pirate War—1805•France vs Britain•Chesapeake Affair—1807

•Embargo Act—1808 to 1809•Economic coercion

5. Hamilton vs. Burr

Notes2

•Born in Virginia •Graduate of William and Mary College •A practicing lawyer and member of

Virginia’s House of Burgesses•Father of the DOI •Secretary of State under President

Washington•Vice President under Adams•Owned 200 slaves

•Aaron Burr (1756-1836) •Born in Newark N.J. •Fought with the continental Army in the

Revolutionary war. •A practicing lawyer in New York City

against Hamilton•Vice President of the United States

(1801-1805). •Kills Alexander Hamilton in a duel•Involved in the Burr Conspiracy

ELECTION OF 1800

• Jefferson defeats Adams in the Electoral College 73-65.

• Problem: Jefferson & Burr received 73 votes each and both were Democratic-Republicans

• Therefore election decided by House of Representatives

1. Election of 1800: The rise of political parties caused flaws in the electoral college▪Parties choose their candidates and electors would vote for them

2. Led to a tie between Jefferson and Burr----House of Representatives chose Jefferson.3. To eliminate future problems

▪12th Amendment: Requires electors to specify which person they want for President and VP on separate ballots so their would never be a tie.

electoral college

Federalists Democratic RepublicansAdams--Pres---65 Jefferson---Pres.---73Hamilton---VP Burr---VP----73

Significance of Election of 1800 • peaceful transfer of power from one political party to another• “revolutionary” achievement

John S. Adams Thomas Jefferson Federalist Democratic/Republican

1. Jefferson: 1801 to 1809• VP: Aaron Burr • The Revolution of 1800

Notes1

Anti-War and Anti-Navy (Pacifist)•Went to war with Barbary Pirates in North Africa•Built the “mosquito fleet” of naval ships

Anti-British/Pro-French•Almost allied with England and went to war with France to force Napoleon out

of New Orleans.

Against slavery•Owned 200 slaves

Strict Construction of Constitution•Used loose construction of Constitution over purchase of Louisiana territory

Jefferson realized that “ideas” are often hard to put into practice in a “realistic world”.

• Adams was the last Federalist president• Jefferson kept most of Federalist policies• Federalist diplomats had signed good treaties with England,

Spain, France, and kept US out of war.• Federalists preserved democratic gains, while fending off anarchy

Responsibility › Moderation• Jefferson integrated democratic principles into presidency,

including walking, pell-mell dining, casual dress• Set precedent of sending messages to Congress to be read,

rather than speaking himself• Jefferson dismissed few Federalist appointments, used very little

patronage, consistent with conciliatory inaugural address• Jefferson as politician used personal charm to sway

congressional representatives

Restraint Helps RevolutionJefferson axed a few Federalist policies

• Pardoned those convicted under expired Sedition Act

• Reduced residency requirement for citizenship back to 5 years

• Repealed hated excise tax

• Made efforts to eliminate debt

• Yet Jefferson showed restraint by leaving most of Federalist program

• Did not attack tariff, Bank, funding at par, or assumption of debt

• Helped 2-party system by showing that defeat (for Federalists) didn’t mean disaster

Restraint Helps Revolution

Overall, Thomas Jefferson’s election in 1800 marked the beginning of a new era in American history driven by the values of Jeffersonian democracy that emphasized:• Limited role of the national government• Equality• Individual liberties• Faith in the abilities of ordinary people

However, despite his conciliatory words to the Federalists in his inaugural address, Jefferson:

• Refused to recognize appointments that Adams made in the last days of his presidency

• He acted quickly to fill government jobs with Democratic-Republicans loyal to him

• His secretary of treasury, Albert Gallatin, oversaw a downsizing of the federal budget - including cutting the army budget in half and shaving the navy budget by two-thirds - to fit Jefferson’s vision of a limited national government

• Internal taxes were repealed• Proposals were put in place to minimize the national debt• In keeping with Federalist emphasis on individual freedom, Jefferson refused to

use the Alien and Sedition Acts against his enemies, and Congress allowed the controversial laws to expire in 1801 and 1802

•Jefferson’s Presidency is considered a transitional period in US History. •Many historians look at this time period as the

beginning of the true democracy.•Believed National Government became too

powerful during Adam’s Presidency•Would try to reduce National Govt. power but

actually expands Presidential power.

Jeffersonian democracyKING GEORGE FEDERALISTS JEFFERSON

•Many historians look at this time period as the beginning of the true democracy. •Champion for the common man•Believed education would prepare them for participation in

government…..•For now, educated should rule…•Believed National Government became too powerful during

Adam’s Presidency

Jeffersonian democracy

•Kept most Federalist programs. WHY? •Washington/Adams laid a solid foundation for USA.

•Pardoned those arrested with Sedition Act•Repealed the Whiskey tax•Kept Hamilton’s financial policies—BUS•Eliminated Alien Act

Jeffersonian democracy

•Visualized an agrarian society •Feared industrialization and its effects ….•Farmers were the chosen class.•Laissez faire--govt. stays out of people’s lives•Against BUS but did not repeal it.

● Owned slaves but believed it was evil….Slavery would end but predicted it would divide U.S…Ultimate goal, Blacks would assimilate into American society

● Native Americans, co-existence a long range goal but would have to learn agricultural ways and become self-sufficient…For that time, Indians and whites could not co-exist and worked towards voluntary removal of tribes to western lands

● Believed education the key to social mobility

3. Marbury vs. Madison, 1803 • Midnight appointments of Adams.

• Chief Justice John Marshall• Judicial Review

• Power of Supreme Court to declare a law unconstitutional

Notes1

SCAPP (Di) - - - -> -s ->

One of the first issues faced by Jefferson was a judiciary dominated by Federalists, including John Marshall, the chief justice of the Supreme Court● Behind the arguments between Jefferson and Marshall was the continuing conflict between

strict and loose construction of the Constitution.● Jefferson, a strict constructionist, believed that the national government should exercise only

the powers strictly mentioned in the Constitution.

Hamilton led the Federalists, including Marshall, in believing that the national government could claim other powers implied by the enumerated powers in Article 1, Section 8. In the context of the court, strict construction would mean that judges should be restricted to those rules clearly written or implied in the Constitution. Loose construction would allow judges to discover the general principles underlying the Constitution’s broad language and then interpret the Constitution according to that understanding.

Jefferson tried to dislodge the Federalist hold on the judiciary by impeaching opposition judges, but his success was limited by the Senate’s acquittal of the House impeachment of Samuel Chase, a Supreme Court justice. However, the biggest obstacle to Jefferson was John Marshall and his fateful court decision in Marbury v. Madison.● Adam’s court-packing in his final days of office (59 federal judgeships given to loyal federalists;

life-long terms) = “pack the judiciary” with ‘midnight judges”● John Marshall (Secretary of State to Adams) was responsible for certifying and delivering the

new commissions; he delivered all but seventeen which he left for the next Secretary of States, James Madison.

● Madison refused to deliver them; four of the men sued Madison to force him to produce the documents

● The case went to the Supreme Court, which was then headed by former Secretary of State John Marshall; based on the Judiciary Act of 1789 (writ of mandamus which compelled an officer of the government to perform an act according to their duties)

The situation created a crisis in the new government. If Marshall ordered the new government to deliver the commissions, could Madison refuse? What could the Supreme Court do? If Madison cooperated, the Democratic-Republicans would impeach Marshall.● Solution created the most basic principle of the federal court system: power of judicial review.● Argument 1: Madison was wrong to withhold the commission.● Argument 2: The Judiciary Act of 1789 contradicted Article III of the Constitution when it gave

the court the power of the writ of mandamus b/c the Constitution does not give original authority to the Supreme Court to issue this type of writ.

● Argument 3: Judiciary Act of 1789 = null and void; court therefore had no power to require the commission be delivered

● Marbury did not get his commission; Madison and Jefferson won; Marshall won the war = established the power of judicial review which allowed the courts to declare acts of Congress and the executive branch unconstitutional = expanded and clarified the powers of the Supreme Court.

Chief Justice John Marshall stated, •“The Constitution is either a superior paramount law, unchangeable by ordinary means,

or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.•If the former part of the alternative be true, then a legislative acting contrary to the

constitution is now law; if the latter part be true, then written constitutions are absurd attempts, on the part of the people to limit a power in its own nature illimitable.•It is emphatically the province and duty of the judicial department to say what the law is•If, then, the courts are to regard the Constitution and the Constitution is superior to any

ordinary act of the legislature, the Constitution and no such ordinary act, must govern the case to which they are both applicable”.

Although the Supreme Court, which had a Federalist majority, denied Marbury, also a Federalist, his commission (appointment to become a judge), the Court established a far more principle. •THE SUPREME COURT INTERPRETS WHAT THE CONSTITUTION MEANS AND CAN

DECLARE A LAW UNCONSTITUTIONAL WHICH IS CALLED JUDICIAL REVIEW.•THE CONSTITUTION IS THE SUPREME LAW OF THE LAND AND THE NATIONAL

GOVERNMENT IS OVER THE STATES.

2. Jefferson’s Achievements:•Secured westward expansion

•Louisiana Purchase

Notes2

Jeffersonian democracy was defined by the rapid and continuing westward expansion of the population. In 1790, the first national census had counted only 200,000 Americans living west of the Appalachian mountains, but 30 years later the total had grown to 3.9 million. ● Transportation became increasingly important as the amount of settled land grew● Turnpikes and canals were built to connect existing waterways● However, until 1819, when the Erie Canal was completed, no road or canal breached the

Appalachians, so inland farmers west of that great barrier turned to rivers that connected to the mississippi River to bring their goods to market in New Orleans.

•Great Britain after the Revolution.

•United States after War

•Spanish land after Revolution

Spanish Land 1800

New Orleans

One important explanation for the astonishing population growth west of the Appalachians was the Louisiana Purchase (1803) that gave the United States control of a huge midsection of North America that stretched from New Orleans in the south to largely unexplored territory west of the Mississippi in the north.● Jefferson had long supported the settlement of the West as fulfillment of his vision of a land

populated by independent farmers looking for new land.● By 1800 a growing number of Americans had settled in the Mississippi and Ohio River Valleys,

and for these farmers the most practical way to get their produce to market was to float it down the Ohio and Mississippi Rivers to New Orleans for export.

● Spain had owned Louisiana since 1763 and had allowed American farmers the necessary access to New Orleans, but Jefferson was concerned when he learned that Spain had traded the territory to france in secret pacts in 1800 and 1801,.

● Americans feared that Napoleon was panning to restore the French empire in North America, and the situation reached in a crisis when Spain violated Pinckney's Treaty by cutting of American access to New Orleans just before the area was transferred to France.

•Great Britain after the Revolution.

•United States after War

•Spanish land

French Land in 1801

New Orleans

Haitian rev

New Orleans Under My WingsThe French and Spanish developed this port city during the eighteenth century. By century's end many in the United States saw New Orleans as a key to the new nation's future expansion and prosperity. (Chicago Historical Society)

•1800, France acquired Spanish Louisiana & New Orleans•Because of pressure from the west and national security threats, Jefferson offered to buy

New Orleans from France•Sent James Monroe to offer Napoleon $10 million to buy New Orleans and as much of the

Mississippi Valley as possible•If sale fails, instructed to seek alliance with England

Haitian rev

•Toussaint L’Ouverture, former slave led a slave rebellion in French Haiti. •Napoleon unable to put down this rebellion which he wanted to use this island as

stepping stone into America….•Forced him to abandon his dream of a French America.

Louisiana purchase

•Since Napoleon was at war with Great Britain he offered entire Louisiana Territory (827,000 square miles) to US for $15 million•Napoleon had lost interested in North America and

needed the money for his war to conquer Europe•Jefferson purchased Louisiana Territory for $15

million, about 3 cents an acre•Borders unclear and most of the land uncharted but

doubled the size of the US•Jefferson’s greatest accomplishment•Why? Didn’t fight a war, no blood shed.

3. Jefferson’s Achievements:•Secured westward expansion

•Louisiana Purchase•Was it constitutional?

Notes2

Louisiana purchase

•Doubling the size of the US provided great new opportunities for westward expansion.•Philosophical issue for the President•As a stauch strict constructionist, he could not deny

that a literal reading of the Constitution found no passages that authorized the president to acquire new territory and annex it to the existing nation•Jefferson considered proposing a constitutional

amendment to allow it, but instead relied on a loose interpretation of the president’s treaty-making powers in the Constitution to complete the deal with France•Pragmatist vs. States rights

LP Constitutional ?

Does the President have the right to purchase land if it is not expressed in the US Constitution?

Jefferson used implied powers or loose construction to justify his decision

“It was for the best interest of the nation. It is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory; and saying to him when of age, I did this for your good; I pretend to no right to bind you; you

may disavow me, and I must get out of the scrape as I can: I thought it my duty to risk myself for you.”

Madison to Jefferson “Mr. President, you are only extending this republic over a larger area of land.”

LP Constitutional ?

Does the President have the right to purchase land if it is not expressed in the US

Constitution?•Hamilton and Federalists were against this purchase

•Why? Population shift take Federalist power away in Congress•Feared Jefferson’s vision of an “agrarian society”•Jefferson referred to this as his “valley of democracy”

3. Jefferson’s Achievements:•Secured westward expansion

•Louisiana Purchase•Was it constitutional?

•Lewis and Clark

Notes2

Map 6 of 45

Expansion of the United States

Map 7 of 45

Expansion of the United Stateswith Louisiana Purchase 1803

•Spring, 1804: Jefferson sends personal secretary Meriwether Lewis and army officer William Clark to explore north Louisiana•Corp of Discovery: 28 men who accompanied Lewis/Clark.•Exploration yielded maps, knowledge of Indians, overland trail to Pacific•President Jefferson wanted to find the Northwest Passage•United States’ claim to the Pacific Northwest

•Interpreter and guide for Lewis and Clark

•Her knowledge of trails and mountain passes helped with the success of the expedition.

•She was also a “diplomat” for Lewis and Clark. Many tribes had never seen white men before.

•Her presence with a baby was looked upon as good and Lewis and Clark were considered peaceful.

Map LP/3

•They did not find a waterway to Asia, as it was hoped that they would

•But they did prove that overland travel to the Pacific Ocean was possible

•Their success encouraged Americans to believe that the country was destined to span North America from the Atlantic Ocean to the Pacific.

•Other explorations followed, including two led by Zebulon Pike in 1805 and 1806

•Various reports and journals full of information about geography, plant and animal species, and Indian cultures

3. Jefferson’s Achievements:•Secured westward expansion

•Louisiana Purchase•Lewis and Clark

4. Hamilton vs. Burr

Notes2

embargo1

▪Although the Louisiana Purchase eventually added greatly to America’s wealth and prestige, in the short term in the addition of so much land led to fears that the government would not be able to control the much-enlarged country▪Federalists in New England, in particular, worried that their interests would be overwhelmed by new westerners, and so under the leadership of Vice President Aaron Burr , they plotted to secede from the union

embargo1

▪Secretly forming a political pact with some radical New England Federalists.▪Burr planned to win the governorship of New York in 1804.▪Unite that state with the New England states, and then lead this group of states to secede from the nation

▪Most Federalists followed Alexander Hamilton in opposing Burr, who was defeated in the New York election

▪The conspiracy then disintegrated

embargo1

▪Angered by an insulting remark attributed to Hamilton and the defeat of his conspiracy

▪Burr challenged the Federalist leader to a duel and fatally shot Hamilton

▪Hamilton’s death in 1804 deprived the Federalists of their last great leader and earned Burr the enmity of many

▪Finding his behavior despicable, and under the new provisions of the 12th amendment, Burr was dropped as a vice-presidential candidate in the election of 1804

▪Burr took his secessionist agitation out west, where he plotted with James Wilkinson, the military governor of Louisiana Territory, to separate the western states from the East. In 1806, Burr planned to take Mexico from Spain and possibly unite it with Louisiana under his rule

▪Jefferson learned of the conspiracy; James Wilkinson abandoned Burr; and Jefferson ordered Burr’s arrest and trial for treason

▪A jury acquitted Burr, basing its decision on Marshall’s narrow definition of treason and the lack of witnesses to any “overt act” by Burr; Burr fled to Europe where he tried to convince Napoleon to join with England (even though France and England were at war) to invade the United States

▪Whereas the United States benefited from European wars by paying bargain prices for the Louisiana Purchase, it also suffered the inability to avoid “foreign entanglements” that Washington had warned against.

▪Americans still relied on British markets for their farm produce and British suppliers for most manufactured goods.

▪Jefferson’s efforts to remain neutral inevitably led him to expand the powers of the presidency, pushing him further away from his original belief in a limited national government.

▪His first expression of American overseas power took place not in Europe, but in Northern Africa and the southern Mediterranean Sea.

Barbary raids

▪ Whereas Jefferson had strongly criticized Adam’s expansion of the navy, he found the navy indispensable to meeting a crisis that erupted between the US and the Barbary states on the northern coast of Africa shortly after he became president.

▪ 1801: Pasha of Tripoli was not happy with his share of dollars

▪ Informally declared war on US.

▪Pacifist Jefferson reluctantly dispatched navy to the “shores of Tripoli”; four years of fighting▪Treaty signed in 1805 secured peace for $60,000; ended pirate

attacks and ransom for American sailors.

▪ Small gunboats used with some success in Tripoli▪ Jefferson interested in their cost savings.

▪ “Mosquito fleet” of 200 small gunboats constructed.▪ War of 1812: these boats would prove to be ineffective.

● Shortly after Thomas Jefferson was elected for a second term of office, he found it impossible to escape the web of the Napoleonic wars raging in Europe○ At first the US benefited by supplying food to the countries involved in

war, but after its victory t the Battle of Trafalgar in October 1805, the British Royal Navy gained a tighter control of ocean trade

○ However, napoleon’s victory two months later put Britain and France at a stalemate

○ The two countries launched a commercial war against one another, and the United States was caught in the crossfire

○ Each blockaded the other’s ports, seeking tos top American ships from trading with their rival

Berlin Decree (1806), Milan Decree (1807): These decrees issued by Napoleon dealt with shipping and led to the War of

1812. The Berlin Decree initiated the Continental System, which closed European ports to ships which had docked in Britain. The Milan Decree

authorized French ships to seize neutral shipping vessels trying to trade at British ports.

Orders-in-council British laws which led to the War of 1812. Orders-in-council passed in 1807 permitted the impressment of sailors and forbade neutral ships from visiting ports from which Britain was excluded unless they first went to Britain and

traded for British goods.

▪1806: England closed ports under French control to foreign shipping (incl. US), seized US ships & impressed Americans (6,000 by the end of 1807)

▪Napoleon ordered seizure of all merchant ships that entered British ports.

impressment

Impressment An act of kidnapping a ship, its contents, men and forcing

them into your navy

•1806, Chesapeake was a US merchant ship 10 miles off the coast of Virginia. A British ship in the region ordered it to stop, supposedly to search for deserters

•British fired 3 shots at the Chesapeake before it surrendered

•3 Americans were killed, 18 wounded and 4 sailors impressed

Chesapeake affair

Most Americans were angered over this incident and public opinion was to go to war with the British.

Chesapeake article

Regarding the Chesapeake Affair, the Washington

Federalist reported,“We have never, on any occasion, witnessed the spirit of the people excited to so great a degree of indignation, or such a thirst for

revenge, as on hearing of the late unexampled outrage on the Chesapeake. All

parties, ranks and professions were unanimous in their detestation of the dastardly deed, and all cried aloud for

vengeance.”

embargo1

•Jefferson’s response to the Chesapeake Affair was the Embargo Act of 1807; based on principle of maintaining free trade

•Short of war, Jefferson attempted to defend our neutrality by stopping all American exports to the world (embargo banned all American vessels from sailing to foreign ports)

•Reasoning: Since England and France were at war with one another and traded for most of their natural resources with U.S., if we cut off our exports to them it

would force them to respect our neutrality….THIS IS CALLED ECONOMIC COERCION.

•It would have the reverse effect……•The Embargo Act not only hurt France and Britain but it also hurt U.S. trade which was our economic survival as a nation. As a result, many Americans defied the

law and began to smuggle goods from these countries as well as others.•Hurt American businesses (merchants and shippers who depended on

foreign trade)•New Englander’s shift from trade to industry•U.S. smuggled•New England (already largely federalist) talked of secession…..•Lasted 15 months, repealed by Congress in March of 1809

embargo2

•American people were hostile towards Jefferson

•Referred to the Embargo as “Dambargo, Mobrage, Go Bar Em”….

•Neither France or Britain were seriously hurt by it

•Jefferson did finally allow trade to any countries other than Britain and France prior to leaving office in 1809

•Would be replaced by the Non-Intercourse Act by President Madison which allowed U.S. exports and trade but not with France and Great Britain……

embargo2

“Our ships all in motion,Once whiten’d the ocean;

They sail’d and return’d with a Cargo;Now doom’d to decayThey are fallen a prey,

To Jefferson, worms and EMBARGO.”

A Federalist circular in Massachusetts against the embargo cried out,

“Let every man who holds the name of America dear to him , stretch forth his hands and put this accursed thing, this Embargo from him. Be resolute, act like sons of liberty, of God, and your

country; nerve your arms with vengeance against the Despot (Jefferson) who would wrest the inestimable germ of your Independence from you---and you shall be Conquerors!!!”