THE FEDERALIST ERA - National Paralegal Collegenationalparalegal.edu/Slides_New/History1/ER_13e/Slides_05.pdf · THE FEDERALIST ERA: ... Pearson Education, Inc., publishing as Longman

Pearson Education, Inc., publishing as Longman © 2008

CHAPTER 5 THE FEDERALIST ERA: Nationalism Triumphant

The American Nation: A History of the United States, 13th edition

Carnes/Garraty


INADEQUACIES OF THE ARTICLES OF CONFEDERATION BRITAIN: n Withdrew troops from settled portion of United States

n Refused to abandon seven military posts beyond the periphery of the original thirteen states

SPAIN: n Closed the lower Mississippi River to American commerce in 1784


INADEQUACIES OF THE ARTICLES OF CONFEDERATION FOREIGN TRADE n British exported large quantities of cheap goods to U.S., quickly reaching levels of early 1770s n U.S. exports to the empire reached only half of its former volume

n 17841786: U.S. suffering post war depression n Cash shortage n Confederation lacked authority to place tariffs on incoming British goods n Effort to give Congress power to pass tariffs failed when Rhode Island refused


DANIEL SHAY’S “LITTLE REBELLION” n Massachusetts legislature determined to maintain sound

currency and pay off debt n Levied heavy taxes especially on those with moderate income n Many farmers lost their farms to foreclosure

n Summer 1786: mobs in western communities stopped foreclosures by preventing courts from operating

n Under leadership of Daniel Shays, rebels marched on capital to keep supreme court from meeting

n State government sent troops that routed the rebels while Shays escaped to Vermont

n Most welltodo Americans saw Shays’ rebellion as liberty gone mad n They saw the answer as greater authority vested in the central

government


TO PHILADELPHIA, AND THE CONSTITUTION n March 1785: representatives of Virginia and Maryland, meeting at Mount Vernon to settle Potomac navigation dispute, suggested conference to discuss commerce problems

n January 1786: Virginia legislature sent out formal call for meeting in Annapolis in September— failed

n Alexander Hamilton suggested another meeting to discuss Articles of Confederation n All but Rhode Island attended meeting in Philadelphia, May 25, 1787


THE GREAT CONVENTION n Most delegates agreed

n Federal system n Independent state governments n National government with limited powers to handle matters of common interest

n Republican government drawing power from the people

n No one group should have unrestricted authority

n Proceedings were secret n Decided to produce new

document not merely revise Articles of Confederation

Madison, James. Painting (bust) by Gilbert Stuart. 148CC139 National Archives


THE COMPROMISES THAT PRODUCED THE CONSTITUTION n May 30, 1787: agreed a national government should be established with separate judicial, executive, and legislative branches n There remained two big questions:

1.What powers should this national government be granted?

2.Who should control the national government?


THE COMPROMISES THAT PRODUCED THE CONSTITUTION QUESTION 1 n Relative agreement on governmental powers n Right to levy taxes and regulate interstate and foreign commerce

n Power to raise and maintain an army and navy and to summon the militia of the states to enforce national laws and suppress insurrections

n States were deprived of right to issue money, to make treaties, and to tax either imports or exports without the permission of Congress


THE COMPROMISES THAT PRODUCED THE CONSTITUTION QUESTION 2 n Large vs. Small n Larger states wanted representation based on population (Virginia Plan)

n Smaller states wanted equal representation (New Jersey Plan)

n Great Compromise: House of Representatives would have proportional representation (elected by popular vote) and Senate would have equal representation (elected by state legislature)


THE COMPROMISES THAT PRODUCED THE CONSTITUTION QUESTION 2 n North vs. South

n North wanted to include slaves for tax purposes n South wanted to exclude them for tax purposes but include to decide representation in House n Three Fifths Compromise: slaves would count for both purposes as threefifths of free people (term slave was not used in Constitution)

n Congress could not outlaw African slave trade before 1808

n Regulation of commerce caused sectional difficulties— banned export taxes to get Southerners to drop their demand that 2/3 both houses be required to regulate foreign commerce


THE COMPROMISES THAT PRODUCED THE CONSTITUTION n Constitution signed September 17, 1787

n Legislature of two houses n House of Representatives: represented ordinary citizen, could introduce revenue bills

n Senate seen as advisory council whose consent was required for treaties and major presidential appointments

n Executive branch n President with wide ranging powers n Vice President who presided over Senate

n Judicial Branch n Supreme Court n Inferior courts as necessary


THE COMPROMISES THAT PRODUCED THE CONSTITUTION PRESIDENT n General responsibility for executing the laws n Commanderinchief of the armed forces n General supervisor of foreign relations n Appointed federal judges and other officials n Could veto any law of Congress (could be overridden by twothirds majority in both houses)

n Deliver annual “State of the Union” addresses n Recommend necessary measures


THE COMPROMISES THAT PRODUCED THE CONSTITUTION PRESIDENTIAL ELECTIONS & COURTS n Each state would choose electors equal to its representation in Congress

n Electors would meet in own states to vote for two people for president

n If no one got majority, House of Representatives (each state having one vote) would choose president from among leading candidates

n Courts were established to adjudicate disputes and came to exercise right of “judicial review”


RATIFYING THE CONSTITUTION n Constitution to be ratified by special state conventions

n When threefourths of states pass, it would be law n Those who favored Constitution: Federalists; those against: AntiFederalists n Federalists: generally substantial individuals, members of the professions, welltodo, active in commercial affairs, somewhat alarmed by Revolutionary changes—wanted orderly and efficient government

n AntiFederalists: more often small farmers, debtors, others who valued free choice over power and resented those who favored the latter



RATIFYING THE CONSTITUTION nAgreements: wanted national debt paid off, opposed unstable currency, favored uniform trade policies, wanted to protect states nMuch of opposition disappeared when agreed to add “bill of rights” protecting civil liberties of the people


RATIFYING THE CONSTITUTION 1. Delaware ratified December 7, 1787 2. Pennsylvania followed with 2 to 1 majority 3. New Jersey approved unanimously December 18 4. Georgia approved unanimously January 2, 1788 5. Connecticut approved a week later, 128 to 40 6. Massachusetts approved in February in a close vote

of 187 to 168 7. Maryland accepted in April, 6 to 1 8. South Carolina approved in May, 149 to 73 9. June 21, 1788, New Hampshire approved 57 to 47


RATIFYING THE CONSTITUTION 10. Virginia, vital to success, voted for it 89 to 79 on

June 25, 1788 11. New York (third largest state) had antifederalist

majority in convention but Alexander Hamilton (who with John Jay and James Madison wrote Federalist Papers) brilliantly defended Constitution: approved 30 to 27

12. North Carolina ratified in November 1789 13. Rhode Island ratified in May 1790


WASHINGTON AS PRESIDENT n Elections January and February 1789

n Congress underway in New York by April

n April 6: George Washington elected President n John Adams elected vice president (person with second largest number of votes)

n April 30, 1789: Washington sworn in as president in New York Washington, George, the Virginia Colonel.

Painting (¾ length) by C. W. Peale, 1772. 148 GW46 National Archives


WASHINGTON AS PRESIDENT n Did not believe in introducing legislation to Congress

n Believed veto only for unconstitutional laws n Established precedent for Cabinet n Believed in competent appointees n Secretary of State: Thomas Jefferson n Secretary of Treasury: Alexander Hamilton n Secretary of War: Henry Knox n Attorney General: Edmund Randolph


CONGRESS UNDER WAY

n By September 1789 Congress had n Created State, Treasury, and War departments

n Passed Judiciary Act n establishing 13 federal district courts and 3 circuit courts of appeal

n Setting Supreme Court justices at 6 n John Jay named chief justice by Washington

n Bill of Rights (first 10 amendments) prepared by Congress and ratified


HAMILTON AND FINANCIAL REFORM n Tariff Act of 1789

n 5% tariff (hemp, glass, and nails subject to higher tariff) n Heavy tonnage duties on all foreign shipping

n US debt large and credit shaky n Hamilton created plan to borrow money to pay all federal and state debts n Beneficiaries were speculators who had bought government bonds for pennies on the dollar from farmers, soldiers, and merchants desperate for cash

n In fact, Hamilton intended plan to provide advantage to the rich


HAMILTON AND FINANCIAL REFORM

n Hamilton’s plan seemed to favor the North n Northern citizens held four fifths of national debt

n Southern states had mostly already paid their debt

n COMPROMISE: South votes Yes, capital located on Potomac River

n Plan extremely successful and capital poured in

Hamilton, Alexander. Painting (bust) by John Trumbull. 148CP6 National Archives


HAMILTON AND FINANCIAL REFORM n Hamilton proposed a national bank which: n would provide safe storage for government funds n serve as an agent for the government in the collection, movement, and expenditure of tax money

n Finance new and expanding business enterprises n Issue bank notes

n Was to be partly owned by the government, but 80% of $10 million in stock was to be sold to private individuals


HAMILTON AND FINANCIAL REFORM n First Bank of the United States approved by Congress February 1791

n Washington was not sure it was constitutional n Hamilton argued it was covered by “implied” powers n Jefferson, a strict constructionist, said no n Washington signed the bill

n Difference in positions depended on whether one stressed proper or necessary in clause granting Congress power to pass “all Laws which shall be necessary and proper”

n 1819, Supreme Court backed Hamiltonian stress on “proper”


HAMILTON AND FINANCIAL REFORM n Bank was a big success with bank notes accepted at face value and state chartered banks climbing from 3 in 1791 to 32 in 1801

n 1791 Report on Manufactures called for tariffs, subsidies, and awards to encourage American manufacturing n Report was set aside though most of tariffs passed in 1792


THE OHIO COUNTRY: A Dark and Bloody Ground n Americans moved into Ohio country in large numbers and Indians struck out against them n 1790 Little Turtle defeated General Josiah Harmar n 1791 Little Turtle defeated General Arthur St. Clair n Congress authorized a regular army of 5,000 men n By 1792 Indians had driven whites into restricted areas and frontiersmen blamed British for inciting them and U.S. government for doing nothing


THE OHIO COUNTRY: A Dark and Bloody Ground WHISKEY TAX n Westerners also upset about government taxes especially the 1791 excise tax of 8 cents on the gallon of whiskey n Westerners liked to drink and hated tax collectors

n Much of crop became whiskey to avoid high transportation costs

n Resistance was especially strong in western Pennsylvania


REVOLUTION IN FRANCE

n 1789: French Revolution started n 1793: war broke out between France and Great Britain & Spain

n What were U.S. obligations under the Alliance of 1778? n Required U.S. to defend French West Indies

n April 1793: George Washington issued Declaration of Neutrality



n Edmond Charles Genet sent to U.S. to seek support which seemed likely since, at least until 1792, Americans were enthusiastic about French Revolution

n Genet landed in April 1793 n Began to plan violation of neutrality by licensing American vessels to operate as privateers and to grant French military commissions to Americans who would attack Spanish and British in North America



n Genet ignored Washington’s orders to stop illegal activity

n Washington demanded his recall but revolution had evolved and Genet forced to seek asylum in U.S. to avoid guillotine

n US vessels were seized by both sides in European war n British attacks were more damaging because fleet was larger

n 1793: British secret orders turned British navy loose on neutral shipping headed for French West Indies


REVOLUTION IN FRANCE n British seized 250 American vessels

n Americans also distressed by continued British presence in Northwest

n Also upset by British restrictions on trade with British West Indies

n To avoid war, Washington sent Chief Justice John Jay to London to arrange settlement Jay, John. Painting (3/4 length) by Gilbert Stuart. 148GW735a

National Archives


FEDERALISTS AND REPUBLICANS: The Rise of Political Parties n Political Parties coalesced around the differences between Thomas Jefferson and Alexander Hamilton n Jefferson and Madison became nucleus of Republican Party

n Hamilton was nucleus of Federalist party n Political controversies tended to be personal with each side suspecting the other of attempting to undermine the system


FEDERALISTS AND REPUBLICANS: The Rise of Political Parties n Among the issues causing divide n Bank of U.S.: Republicans saw as benefiting a few merchants at expense of agriculture

n French Revolution: with radical Terror, conservative Federalists opposed while shocked Republicans nonetheless defended

n Federalists, in turn, became very fond of Britain


1794: Crisis and Resolution

n Whiskey Rebellion n In western Pennsylvania, tax collectors unable to collect excise tax

n Late July 1794: 7,000 “rebels” converged on Pittsburgh, threatening to burn the town

n Turned away by federal artillery and liberal dispensation of whiskey

n August: Washington mustered 13,000 militiamen n At same time, Battle of Fallen Timbers: “Mad” Anthony Wayne defeated Indians and opened the way for settlement of the region



JAY’S TREATY

n British agreed to evacuate posts in the West n Promised to compensate American ship owners for seizures in West Indies and to open colonies in Asia to America ships

n No concessions on neutral rights n West Indies provision had so many caveats that U.S. refused to accept

n Jay agreed U.S. would pay preRevolutionary debts owed British merchants

n Nothing said about British recompense for “stolen” slaves


1795: All’s Well That Ends Well

n Senate ratified Jay’s Treaty in June 1795 n Marked step toward regularizing relations with Britain and got British out of western forts

n 1790s: Spain had allied with Creek, Cherokee and other southern tribes

n 1795: Spain wanted out of European war so wanted to improve relations with U.S. to protect North American holdings


1795: All’s Well That Ends Well

n Treaty of San Lorenzo (Pinckney Treaty) n Named after U.S. envoy to Spain, Thomas Pinckney n Granted U.S. free navigation of Mississippi River and right of deposit in New Orleans

n Ratified by Senate June 1795 n 12 Ohio Valley Indian tribes signed Treaty of Greenville leading to vast western settlement n 1792 Kentucky became a state n 1796 Tennessee became a state n 1798 Mississippi Territory was organized n 1800 Indiana Territory was organized


WASHINGTON’S FAREWELL

September 1796 “Farewell Address” nDOMESTIC: deplored partisan politics and warned against parties nFOREIGN: warned against permanent foreign political alliances nTemporary alliances OK nCommerce good


THE ELECTION OF 1796

n Republicans ran Thomas Jefferson n Federalists considered Hamilton too controversial so chose John Adams for President and John Pinckney to run for Vice President

n Result of Hamilton’s attempt to maneuver in favor of Pinckney was Adams won electoral college 71 to 68 over Jefferson (became vice president) n Adams and Jefferson both disliked Hamilton

n Election indicated overall trend toward Republicans


THE XYZ AFFAIR

n French were attacking American shipping, so Adams sent Charles Pinckney, John Marshall, and Elbridge Gerry to France to negotiate a settlement

n French foreign minister sent an agent (X) to demand a bribe

n He was followed by two additional agents (Y and Z) with same request

n Talks failed and Adams released commissioners’ report in April 1798


THE XYZ AFFAIR

n Americans were incensed n Congress n Unilaterally abrogated French alliance n Created Navy Department n Appropriated enough money to build 40 odd warships and triple size of army

n Washington came out of retirement to lead forces, Hamilton second in command

n US privateers attacked French shipping


THE ALIEN AND SEDITION ACTS n June and July 1798: Alien and Sedition Act n Alien Enemies Act: president had power to arrest or expel aliens in time of “declared war”

n Alien Act: president could expel all aliens he thought dangerous

n Sedition Act: crime to impede any law or attempt to instigate a riot, to publish or utter any “false, scandalous and malicious” criticism of high government officials


THE KENTUCKY AND VIRGINIA RESOLVES n Republicans believed Alien and Sedition Acts violated first amendment rights

n Kentucky Resolution: written by Jefferson n Each state could judge for itself when Constitution was violated and declare the law unconstitutional

n Virginia Resolution: written by James Madison (similar position)

n France changed mind and Adams sent new ministers n Napoleon drove hard bargain (Convention of 1800) abrogating the FrancoAmerican treaties of 1778


MILESTONES


WEBSITES n George Washington’s Mount Vernon http://www.mountvernon.org n George Washington Papers at the Library of Congress

http://memory.loc.gov/ammem/gwhtml/gwhome.html n The Papers of George Washington http://gwpapers.virginia.edu/ n Colonial Hall: Biographies of America’s Founding Fathers

http://www.colonialhall.com n The Federalist Papers http://www.law.emory.edu/FEDERAL/federalist


WEBSITES n The Continental Congress and the Constitutional Convention, 17741798

http://memory.loc.gov/ammem/bdsds/bdsdhome.html n The Constitution and the Amendments http://www.law.emory.edu/FEDERAL/usconst.html n Archiving Early America http://earlyamerica.com n Alexander Hamilton http://odur.let.rug.nl/~usa/B/hamilton/hamilxx.htm n The American Presidency: XYZ Correspondence http://ap.grolier.com/article?assetid=0425920 00&templatename=/article/article.html

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THE FEDERALIST ERA - National Paralegal Collegenationalparalegal.edu/Slides_New/History1/ER_13e/Slides_05.pdf · THE FEDERALIST ERA: ... Pearson Education, Inc., publishing as Longman