Constitution, Society, and Leadership

Week 3 Unit 4The Constitution in Historical

Context:Ratification through the Civil War

Christopher Dreisbach, Ph.D.Johns Hopkins University

1

This Unit identifies key historical moments Relevant to the Constitution From Ratification Through the Civil War

It has two main parts To Form a More Prefect Union:

Ratification through Monroe Democracy and Dissent: Jackson through the

Civil War

2

This section looks at some post-ratification events and people from ratification through Pres. Monroe’s administration.

It has the following subsections: Ratification to the War of 1812 The War of 1812 Monroe and the “Age of Good Feeling”

3

Washington inaugurated April 30, 1789 Washington opposed formation of political

parties.But▪ Liberal democratic-republicans headed by

Jefferson Favors states’ rights over nationalism

▪ Conservative federalists headed by Hamilton and Adams Favors nationalism over states’ rights

Whiskey Rebellion (1794) ▪ Congress levied federal Tax on corn liquor (1791)▪ 1794—Pennsylvania farmers resist paying tax▪ Put down by militia under Washington’s command

Washington the only U. S. to fight in combat while In office 4

John Adams becomes second president of the United States, 1797 THE XYZ Affair ▪ Under Pres. Adams, Charles Pinckney, John

Marshall, and Elbridge Gerry go to France to ask for treaty on commerce

▪ Prime Minister Tallyrand’s agents insist on U.S. loaning France $12 million and giving Tallyrand $250,000

▪ 4/3/98-Adams identifies French commissioners as X,Y,Z▪ Congress publishes portfolio▪ Leads to quasi-war (“Franco-American Quasi-war”)▪ Hostilities end when French revolution ends in 1799

5

The Alien and Sedition Acts▪ Naturalization Act (6/18/98): Requirement for citizenship

raised from 5 to 14 years▪ Alien Act (6/25/98): President can deport aliens he considers

dangerous▪ Alien Enemies Act (7/6/98): President can, in time of war,

arrest, imprison, or deport subjects of enemy power.▪ Sedition Act (7/14/98): Prohibits speech or assembly against

government.▪ Virginia and Kentucky (written by Madison and Jefferson,

respectively)▪ Oppose the acts as unconstitutional▪ Jefferson: states can nullify unconstitutional acts of congress.

▪ The acts die. 6

Treaty of Peace and Friendship between the United States of America and the Bey and Subjects of Tripoli of Barbary▪ Ratified unanimously by U. S. Senate on June 7, 1797 ▪ Art. 11. “As the Government of the United States of

America is not, in any sense, founded on the Christian religion,—as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen,—and as the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.”

7

Second Great Awakening (1796-1801) Four factors▪ Many U. S. religious leaders worried that the

Constitution “opened the door to heresy, skepticism, and irreligion.”▪ Christians still devoted to model of a state

church▪ French Revolution (1789)-violence against

religion▪ “The flood of settlers”

8

Major Revival Leaders in Kentucky and New England▪ Revivals eventually joined into one country-

wide phenomenon Humanitarian Crusade of the 2nd Great

Awakening Legacy-“Usher[s] in a period of

Protestant Domination in US.”

9

Thomas Jefferson becomes third President of the United States, 1801 Marbury v. Madison, 1803▪ Jefferson had refused to honor a

number of judicial commissions that Pres. Adams had signed , but had not time to deliver▪ Adams had hoped to load up the judiciary

with Federalists

10

▪ William Marbury expected to receive a commission as a DC justice of the peace▪ Under the Judiciary Act of 1789, Marbury took

his case directly to the U. S. Supreme Court▪ Secretary of State James Madison was the respondent

▪ Chief Justice John Marshall ruled against Marbury▪ Sympathized with him on moral grounds▪ Claimed that the Judiciary Act was unconstitutional

Marbury should only have been bringing a case to the Supreme Court only on appeal of a lower court ruling

11

▪ Marshall explained his ruling by claiming that the Constitution gives the Court final review of all legislative and executive action.

Controversy continues to this day concerning the power the court gave itself under this ruling

Other Events under Jefferson▪ Louisiana Purchase, 1803▪ 90,000 sq. miles ; 4 cents per acre▪ Doubled the size of the United States▪ Purchased France’s claim: the land belonged to the

Indians

▪ Authorizes Lewis and Clark expedition to map the land to the west of the United States, 1804-1806

12

Non-importation Act, 1806▪ Response to British seizure of U. S. ships in French

ports and forcing American sailors to serve on British ships▪ Followed by Embargo Act, 1807▪ This was meant to stave off war by economic action over

military action▪ This annoyed everyone, including Americans

1807, signs law banning the importation of slavery

13

James Madison becomes the fourthPresident of the United State, 1809 Great Britain at war with France▪ Continue to impress U.S. sailors, in spite of Embargo

Act of 1807▪ Also enlist the aid of American Indians hostile to the

U.S. Madison declares war on Great Britain, 1812▪ Maj. Gen. Robert Ross (UK) prevails in Maryland’s

Battle of Bladensberg (8/24/14)▪ Then marches into DC and burns capitol and White House▪ Meets resistance at Fort McHenry

Francis Scot Key writes the Star Spangled Banner▪ US Naval Capt. Thomas McDonough beats the British

fleet in Lake Champlain (9/11/14)▪ 12/24/14: TREATY OF GHENT signed: “status quo

ante bellum” (”the utter futility of the war”)▪ Once called “The Second War of Independence” 14

James Monroe elected fifth President of the United States, 1816 and 1820 A Federalist paper sarcastically calls his

administration the “Era of Good Feelings” Construction on the Erie Canal begins

▪ Connecting the Great Lakes with New York City▪ Opens in 1825

7/27/1816; Under Gen. Andrew Jackson’s orders, Negro Fort attacked killing 300 slaves and 30 Seminoles. ▪ Seminole Chief Neamathla tells Gen. Gaines to get out

▪ Gaines attacks▪ Chief escapes▪ FIRST SEMINOLE WAR underway

1818: Rush-Bagot Agreement establishes U.S. border with Quebec

Convention of 1818 with Great Britain regarding the Oregon Territory

2/12/1819: The U. S. gets Florida from Spain 1821,23, 25: Indian treaties turn over more than 25

million acres of land. 15

1823 : MONROE DOCTRINE –▪ 4 Principles▪ Americas are not available for colonization▪ Political systems of Americas ≠ Europe▪ U.S. “would consider any interference by European

powers in the Americas a direct threat to U.S. security.”▪ U.S. “would not interfere with existing colonies, internal

affairs of European nations, or European wars.”

▪ The first major step toward Americanism

16

Missouri Compromise, 1820▪ Allows Missouri to become a state and to have

slaves▪ Although no other state in the Louisiana Territory

above the southern border of Missouri could have slaves

John Quincy Adams becomes 6th president of the United States, 1825 Chosen by the House of Representatives

over Andrew Jackson July 4, 1826; Jefferson and Adams both die.

17

This section looks at some post-ratification events and people from the Jackson administration through the Civil War

It has the following subsections The Jackson Administration The Trail of Tears Harrison, Tyler, Polk, and Taylor Westward Expansion and Manifest Destiny

18

Subsections (ctd) Women’s Rights Abolitionism Technological Advances Pierce, Buchanan, Lincoln The Civil War

19

Andrew Jackson becomes 7th President of the United States, 1829 Common man or King Andrew?▪ Not from New England or Virginia: A “Westerner”

Brought greater degree of democracy to US government▪ Most states abandoned land ownership as a requirement for

voting. Kills 2nd Bank of US by withdrawing all federal

deposits from the Bank▪ Therefore: more credit available and more westward

settlement 1828 Tariffs: North supports; South abhors▪ Nov. 24, 1832: Southerners pass Ordinance of Nullification▪ Compromise Tariffs, 1833 20

8/28/30: Indian Removal Act▪ Exchanges western land to Indians in return for eastern

lands 1832: The defiance of Black Hawk –resists white

settlement in Illinois, but defeated. 1834: William Lloyd Garrison founds American

Anti-slavery Society 12/29/35: TREATY OF ECHOTA—all Cherokees

must move▪ Osceola organizes Seminole and Red Stick Creek

resistance against government-mandated removal from▪ 1835-42: GUERRILLA Warfare: THE SECOND SEMINOLE WAR

21

2/23-3/6/1836: The Battle of the Alamo▪ Santa Anna’s Mexican Army slaughters Texans at the Alamo

Mission▪ 4/21/1836: Vengeance-seeking Americans join the Texas

Army▪ Defeat the Mexican Army at the Battle of San Jacinto▪ End the Mexican Revolution

1837: Nationalist Party of Cherokees protests land seizures to Supreme Court▪ Justice John Marshall agrees: Georgia’s persecution of

Indians is unconstitutional▪ Jackson refuses to enforce: “John Marshall has made his

decision, now let him enforce it.”22

Martin Van Buren becomes 8th President of the United states, 1837

Trail of Tears 1838-39 (Cherokee name) Forced relocation of many Indian nations to

the West Indian Territory: Oklahoma, Kansas, Nebraska,

Dakota region Note: Kansas-Nebraska Act (1854)

reduced area of Indian territory▪ Which is why so many Indians fought for the

Confederates in the Civil War

23

William Henry Harrison becomes ninth President of the United States, 1841 Dies one month later

John Tyler becomes the 10th President of the United States, 1841 The first to become President upon the

death of the previous President James K. Polk becomes 11th

President of the United States, 1845 Zachary Taylor becomes 12th

President of the United States, 1849 Dies about a year later

24

Manifest Destiny Idea that America was destined to conquer and

inhabit the land between the Atlantic Coast and the Pacific Coast

John L. Sullivan coined “ Manifest Destiny” in July-Aug. 1845 edition of The United States Magazine and Democratic Review▪ NY Post, 1845: “Manifest Destiny” (I CH. 18)

Tension between concept of American mission and concept of American imperialism ▪ Re: Promotion of Democracy

25

America’s sense of being the Millennial Nation ▪ 1830s: Lyman Beecher accepts Jonathan Edwards’ claim that the

millennium would begin in America.▪ Puritans understood that God did not choose Israel because of its

goodness; ditto America ▪ Proponents of Manifest Destiny ▪ God chose U. S. because of its righteous stands on liberty and self-

government ▪ Idea of covenant among the Puritans, BUT no covenant among the

proponents of Manifest Destiny▪ Inalienable rights belong to all people; but some people are more natural

than others. ▪ European norms as backed by natural law: settled communities, roads,

schools, books, parliaments, factories, Christianity Native Americans had none of these

▪ Two characteristics of “NATURAL ORDER” American ability “Geographical predestination”

▪ Importance of settling, cultivating, and improving land26

Westward Expansion Annexation of Texas as the 28th

State, 1845▪ Leads to the Mexican –American War (1845-1848)

Mormon Trek (c. 1846) Kansas-Nebraska Act (1854)▪ Established Kansas and Nebraska Territories▪ Allowed each to decide whether to be free or slave▪ Overturned the Missouri Compromise of 1820▪ Kansas admitted as Free state in 1861▪ Nebraska admitted as state after the Civil War,

1867 27

Homestead Act (1862)▪ Allowed people to file for

up to 160 acres of undeveloped federal land

28

Women’s Rights 1848: Women’s rights convention held in

Seneca Falls, NY Resulting Document:

“Declaration of Rights and Sentiments:▪ Lead author: Elizabeth Cady Stanton▪ Based on the Declaration of Independence▪ Signed by 68 women and 32 men

29

Abolitionism Millard Fillmore becomes 13th

President of the United States, 1850▪ Signs the Compromise of 1850 which, among

other things strengthens the Fugitive Slave Act

Underground railroad starts in 1820s ▪ Most active in 1850s and 1860s

1852: Frederick Douglass’ “What to the Slave is the 4th of July?”▪ oration in Rochester, NY

30

▪ 1857: Dred Scott v. Sandford▪ Dred Scott was a slave who lived for a time with

his master in free federal territory He claimed that this made him free The estate of his deceased master disagreed After a series of suits, the case was heard by the U.S.

Supreme Court▪ The Court ruled that

Slaves and their descendants were not U.S. citizens and therefore could not be protected by the Constitution

U.S. Congress could not prohibit slavery in the federal territories

Slaves, as property, could not be taken from their owners without due process

▪ Effectively overturned by the 14th Amendment 31

Cyrus McCormack’s reaper (1834)

John Deere’s Plow (1837) Morse Code (1844) David Halliday’s windmill

with a pivoting vane (1854)

The railroad (1828-1869)

32

Franklin Pierce becomes the 14th President of the United States, 1853

James Buchanan becomes the 15th President of the United States, 1857

Abraham Lincoln becomes the 16th President of the United States

33

Civil War Lincoln suspends habeas corpus: Congress passes a law

allowing it during peace time. Fort Sumter, April 12, 1861 North (23 states) population=22 million; South (11

states) population=9 million (incl. 3 million slaves) Battle of Manassas (South) or First Bull Run (North), July

21, 1861 ▪ 2nd battle of the war

Aug. 30, 1862: Second Battle of Bull Run—Union swept out of Virginia. Perryville and Antietam: Lee sought too bold offensives;

loses both

34

Emancipation Proclamation—▪ Preliminary, Sept. 23, 1862;

Final Jan. 1, 1863 ▪ Frees all slaves in Confederate

States▪ The proclamation did not

include slave-holding states and territories under Union control, including• Missouri• Kentucky• West Virginia• Maryland• Delaware• Tennessee• Parts of Virginia• New Orleans and 13 other parishes

in Louisiana 35

July 1-3, 1863: Battle of Gettysburg is the North’s first major victory

Vicksburg, Mississippi and Chattanooga, Tennessee▪ Grant gets control of the Mississippi River at Vicksburg▪ Grant and Gen. George H. Thomas take the Tennessee River at

Chattanooga Mar. 1864: Lincoln names Grant general in chief of all the union

armies Apr. 2, 1865: Lee evacuates Richmond▪ Jefferson Davis and the rest of the Confederate government flee

April 14, 1865: Lincoln assassinated April 26, 1865; Principal land campaign ends at Durham Station▪ Lee had already surrendered the Army of Northern VA on April 19. (I 180)

WADE-DAVIS Bill—put off re-admission of southern states pending signing of loyalty oath.

13th, 14th, 15th Amendments

36

Constitution, Society, and Leadership

Week 3 Unit 4The Constitution in Historical

Context:Ratification through the Civil War

Christopher Dreisbach, Ph.D.Johns Hopkins University

37