VII. The Political Revolution

A. New State Constitutions—after the collapse of British authority in 1775, it became necessary to form new state governments. By the end of 1777 ten new state constitutions had been formed.

Connecticut and Rhode Island kept their colonial charters, which were republican in nature, simply deleting references to British sovereignty. Massachusetts waited until 1780 to complete the adoption of its new constitution. 

 

1. Various states made sure to include that people were sovereign and they limited the authority of their government. They included bills of rights guaranteeing particular rights; freedom off speech, trial by jury, freedom from self-incrimination.

 

The sum total of all the state constitutions gave the framers of the federal constitution a reservoir of ideas to use.

 

2. The new state constitutions called for elected governors and councils, instead of appointed positions as had been the rule under the monarchy.

 

They made the legislatures more powerful than the governors, since the legislatures had led them in the fight against the appointed governors. In Pennsylvania they eliminated the governor all together.

           

B. The Articles of Confederation—in the summer of 1776, Congress appointed a committee to begin devising a framework for national government. When completed, this document was known as the Articles of Confederation.

 

John Dickinson, who had played a leading role in writing the Articles, felt a strong national government was needed; but by the time Congress finished revising them, the Articles went to the opposite extreme of preserving the sovereignty of the states and creating a very weak national government.

 

The Articles of Confederation provided for a unicameral Congress in which each state would have one vote, as had been the case in the Continental Congress.

 

Executive authority under the Articles would be vested in a committee of thirteen, one member from each state. In order to amend the Articles, the unanimous consent of all the states was required.

 

The Articles of Confederation government was empowered to make war, make treaties, determine the amount of troops and money each state should contribute to the war effort, settle disputes between states, admit new states to the Union, and borrow money.

 

More importantly, however, was that it was not empowered to levy taxes, raise troops, or regulate commerce.

 

Ratification of the Articles of Confederation was delayed by a disagreement over the future status of the lands that lay to the west of the original thirteen states.

 

Some states, notably Virginia, held extensive claims to these lands based on their original colonial charters. Maryland, which had no such claim, withheld ratification until in 1781 Virginia agreed to surrender its western claims to the new national government.

 

Meanwhile, the country was on its way to deep financial trouble. Unable to tax, Congress resorted to printing large amounts of paper money to finance the war; but these inflated "Continentals" were soon worthless.

 

Other financial schemes fell through, and only grants and loans from France and the Netherlands staved off complete financial collapse. A plan to amend the Articles to give Congress power to tax was stopped by the lone opposition of Rhode Island.

 

The army, whose pay was far in arrears, threatened mutiny.

 

Some of those who favored a stronger national government welcomed this development and in what became known as the Newburgh Conspiracy (1783) consulted with army second-in-command Horatio Gates as to the possibility of using the army to force the states to surrender more power to the national government.

 

This movement was stopped by a moving appeal to the officers by Washington himself.

 

VIII. The Social Revolution

 

A.     Impact of independence on lower socioeconomic groups—the patriots would have been content after the war to have just replaced the former royal officials with themselves, but now, the lower classes considered themselves on equal footing with the well-heeled.

 

Those that had participated in the army or the state militia felt obliged to now participate in the new government. Additionally, the issue of suffrage was a problem; property qualifications for voting were lowered so that a majority of white males could now vote, although universal manhood suffrage was now afforded.

 

B.     Impact of the Revolution on land tenure—former Tory estates had been confiscated and were held by the state legislatures. It was used to a large degree for bonuses to veterans.

 

Also, the new lands from the erstwhile Proclamation of 1763 and the Quebec Act were now open top settlers, and new voters.

 

C. Impact of the Revolution on slavery—Jefferson tried to blame slavery on the king in his declaration of independence, but South Carolina and Georgia blocked it. After the declaration, all states except Georgia had stopped the traffic in slavery (although South Carolina resumed later).

 

      Slaves fought on the Loyalist side at first, but later they fought on the colonist’s side. Massachusetts had two all-black companies, Rhode Island, one.

 

      The British gave slaves their freedom for fighting, and sent many thousands to the Caribbean, Canada, or other British colonies. The colonists (Northern) also emancipated some, though not as many.

 

      In Charleston, south Carolina however, Thomas Jeremiah, a free black, was hanged then burned for telling the slaves that the British were there to help them. White Loyalists were tarred and feathered at the very least for stirring up slave militancy.

 

      After the Revolution all states north of Maryland freed their slaves  with some doing so faster than others, new York waited till 1799 to free most with some not until 1827.

 

      In the South, emancipation was not too popular. The best that could be hoped for were manumission laws where the individuals could free their individual slaves. By the Civil War half the blacks in Maryland were freed slaves.

 

      During the Revolutionary era thousands of slaves ran away to a growing number of African-American communities. Many used the same rhetoric spawned by the Revolution to speak against slavery.

     

D. Impact of the Revolution on women—women plowed fields and made shot while their husbands were away. Many wives followed their husbands to camp and served as cooks, maids and nurses.

 

Some, Margaret Corbin and Molly Pitcher, took their husbands place in the artillery line when they were killed. Deborah Sampson of Massachusetts joined the army as “Robert Shurtleff.”

 

Some women argued that only educated women could raise children fit for a new republican society.

 

Abigail Adams wrote to her husband John, “I long to hear that you have declared an independancy [sic]-and by the way in the new Code of Laws which I suppose it will be necessary for you to make I would desire you would Remember the Ladies, and be more generous and favourable to them than your ancestors.

 

“Do not put such unlimited power into the hands of the Husbands. Remember all men would be tyrants if they could. If perticuliar care and attention is not paid to the Ladies we are determined to foment a Rebelion, and will not hold ourselves bound by any Laws in which we have no voice, or Representation.

 

“That your Sex are Naturally Tyrannical is a Truth so thoroughly established as to admit of no dispute, but such of you as wish to be happy willingly give up the harsh title of Master for the more tender and endearing one of Friend.

 

“Why then, not put it out of the power of the vicious and the Lawless to use us with cruelty and indignity with impunity. Men of Sense in all Ages abhor those customs which treat us only as the vassals of your Sex. Regard us then as Beings placed by providence under your protection and in immitation of the Supreem Being make use of that power only for our happiness.

 

John Adams—“as to your extraordinary Code of Laws, I cannot but laugh. We have been told that our Struggle has loosened the bands of Government every where.

 

“That Children and Apprentices were disobedient-that schools and Colledges were grown turbulent -that Indians slighted their Guardians and Negroes grew insolent to their Masters.

 

“But your Letter was the first Intimation that another Tribe more numerous and powerfull than all the rest were grown discontented.

 

“Depend upon it, We know better than to repeal our Masculine systems.”

 

Jefferson—“the tender breast of ladies were not formed for political convulsion.”

 

About the best that women could hope for is that divorces in New England and Pennsylvania were easier to come by.

 

One woman in Connecticut successfully divorced her husband because he “rendered her life miserable by frequent beating with brutal violence, almost constant intoxication and lascivious conduct with several lewd women.”

 

In New Jersey the state constitution of 1776 didn’t expressly forbid women the right to vote because the men took the distinction for granted sop women who met the property qualifications could vote until they were denied the right in the early 19th century.

 

E.  Impact of the Revolution on religion—religion had always been problematic in America but now all would be free to practice as they liked without fear of dissent. After the new constitution was written, there would be a complete separation of church and state.

 

The Anglican Church, formerly supported by many colonies, became known as the Episcopalian church, the Methodists came together as an offshoot of the Anglican, the Presbyterians established themselves, and finally, the Catholics elected their first bishop in the United States when they picked John Carroll in 1790.

 

IX.       Sense of nationalism inspired by the Revolution—Americans were now Americans. Formerly they were Virginians, New Englanders, and the like. The common cause of fighting in the war served as the bond.

 

A.     First generation of native artists—the war provided the painters with a medium but the irony is that they all studied in England, having left before the war.

 

Charles Willson Peale is the exception having spent the winter at Valley Forge and fighting throughout New Jersey. He painted many revolutionary war figures and painted Washington some sixty times.

 

B.     Independence day—accidentally as congress forgot to honor the real day, July 2, so July 4th won out when in Boston the patriots threw a big party the 1st year after, 1777. Thereafter, July 4th continued to be used as the day, not the real day congress declared independence, July 2nd.

 

C. Impact of nationalism on education—

 

1.      Development of state universities—nine colleges before the war, but 14 more by the turn of the century. Some of the new state constitutions had provisions for state universities.

 

2.      Development of general systems of education—a successful republic needed educated people to uphold the civic good and put the public good over all private interests and concerns so public schools made America’s children literate.

 

Public schools did not come to pass yet however, as the wealthy were too suspicious of spending tax money on schooling with the free masses.

 

3.      Work of Noah Webster—he wrote the first dictionary (Blue Back Speller) published in 1783.

 

D.     General impact of nationalism—Americans sensed that they were the “Chosen” people since the time of the Pilgrims through Jonathan Edwards through even John Adams. It fell on their shoulders to lead the world to liberty and equality.

 

I. Government of the Confederation period—the critical period.

  1. Authority given to Congress by the Articles of Confederation—ask for money but not compel the states to give; enter treaties but not enforce their stipulations; and, it could call for armies but not force states to fill the ranks.
  2. Basic accomplishments of the Confederation government—despite these shortcomings, they passed the Treaty of Paris in 1783, created the first executive department, and it formulated policies of land distribution that guided expansion all the way to the Pacific Ocean.
  3. Nature of congressional administration during the war—three departments were set up, Foreign Affairs, Finance and War. Each had a single department heads responsible to congress. It was to be copied by the constitution.
  4. Financial problems of the government
    1. Robert Morris, secretary of finance—wanted to make the confederation government more powerful.
    2. Use of public debt to secure support for the nation—public debt paid by public revenue would tie the states together. He issued bonds enlarging the debt but they only sold fore 10-15 cents on the dollar, but with the power to tax, they would rise on value.
    3. Scheme for a national bank failed to receive unanimous approval—to this end he created the bank to hold government money, make loans to government, and issue money. But the states hedged on giving up authority to a central governmental authority. Unanimous state approval was required to amend the Articles.
    4. Newburgh Conspiracy—Morris had a gamble and called several of Washington’s officers to Philadelphia from Newburgh where they anxiously awaited their pay as usual. They threatened a coup d’etat unless the states gave up more power to the federal government. Alexander Hamilton even tried to get Washington to go for the idea. He sympathized but ultimately didn’t go along and ended the standoff by giving an emotional address saying that he “was gray from fighting” but more importantly, “he was blind in the service of his country.”
    5. Meeting of Pennsylvania militiamen—a group of Pennsylvania militia marched on Philadelphia however, and chased the Congress fled to Princeton, then Annapolis, then Trenton, finally settling in New York, where the new capitol would become.
    6. Growth of government debt—they never did get the finances in order and the debt grew from 11 million to 28 million paying off bonuses and claims. The currency printed by the Confederation government was never redeemed.
  5. Development of a land policy
    1. Direct congressional authority prevailed here—it was the one area that they could derive money—from the sale of this western land, since they had direct authority, given them when Maryland and Virginia had their little pissing contest during the war.
    2. Geographic areas covered by the policy—mostly in the ohio valley area, it encompassed the future state of KY, TN, OH, IN, IL, ALA, MISS, MICH, even WISC.
    3. Land ordinances set precedents for future treatment of territories—these lands were to be treated as states and be equal. Three major ordinances came from this area from 1784-1787.

                                                               i.      The first was written by Jefferson and he said that these lands should become states as soon as their population equaled that of the smallest state in the current union.

    1. Ordinance of 1785—divvied land up so that each town was 6 miles by 6 miles. Each town was then divvied into 36 one square mile lots. Since there were 640 acres per one square mile, each acre was to be sold at auction for no less than $1 per acre, so $640 per square mile section.

                                                               i.      The income gained from the 16th square was to be used for the support of public schools. Since most could not afford these lands, however, speculators obtained first sales.

                                                             ii.      Manassah Cutler, Reverend from Boston, presented Congress with a plan to buy 1.5 million acres for $1 million in certificates of indebtedness to war veterans.

                                                            iii.      Cutler argued it would reduce the debt and encourage settlers to move there. For good measure he would cut in some congressmen on another deal by forming the Scioto Company which got another 5 million acres.

                                                           iv.      They sold the land to some French settlers without actually paying congress for it and the French settlers were left penniless and had to return east.

    1. Northwest Ordinance of 1787—organized the territory into 3-5 territories and when any of them had 5,000 free males they could choose an assembly that basically ruled with congress until they had 60,000 when they could apply for statehood.
    2. It had a Bill of Rights including freedom of speech, representation in proportion to population, trial by jury, habeas corpus, but most importantly, no slavery above the Ohio river (boundary of the Northwest Territory). New states were to be admitted as equals with the old.
    3. Western lands south of the Ohio River—they settled faster here despite the opposition from the Indians.
    4. Indian treaties made to gain claim to western lands—the Iroquois and Cherokee, so badly beaten in the war, gave up lands with The Treaty of Stanwix (1784) when the US got lands in Western New York and Pennsylvania, The Treaty of Hopewell saw the Cherokee give up all claims in the Carolinas, Kentucky and Tennessee.

                                                               i.      The Creeks went to war (with the help of Spanish Florida) with Georgia in 1786 rather than cede their lands. They lost when Spanish aid dried up.

  1. Trade and the Economy—
    1. New outlets needed for trade—all American produce and commerce suffered during and after the war as Britain excluded Americans from the British West Indies.
    2. Some smuggling occurred with the West Indies but, by far and large; the Americans made trade treaties with other countries and opened new markets. Especially lucrative was the new trade that developed with China when the Empress of China sailed to and fro (1784-1785). The profit was good enough to encourage others to compete for the trade.
    3. Although not of any influence to Parliament yet, Adam Smith wrote in 1776, The Wealth of Nations which encouraged free trade and discouraged mercantilism.
  2. Diplomatic problems—Spain and Britain continued maintain forts on American soil and continued to conspire with Indians in the west. It was thought that they encouraged them to attack the frontier while they kept their hands in the fur trade.
    1. They maintained that they had to keep forts along the US-Canadian border so to trade with the Indians since the Americans were not paying their former bills to British merchants as agreed (face-saving) in the Treaty of Paris.
    2. The British were bugged about the confiscation of loyalist property also, and some Loyalists were still lynched after the war, although some were allowed to return to their homes unmolested. By 1787 all states had in fact rescinded laws that conflicted with the peace treaty.
    3. With Spain the problems were over the southern boundary of the new country as Spain claimed a line further north than the Americans were willing to give. The bigger problem, however, was over the Mississippi river which the new settlers of KY and TN needed to get their goods to market.
    4. The Spanish governor closed the mouth of the river and began to intrigue with the Indians against American settlers. They also conspired with the settlers against the US! One James Wilkinson lined his pockets with Spanish gold when he promised to try to get the west to secede and join Spain!
  3. Problems of the Confederation—merchants yelled for help against the British trade so various states began to charge the British ships duties on their goods. All the British did though was sail to another state where they paid less in duties.
    1. Then the states tried to tax the British goods as they traveled across state lines, now there was economic warfare in the states.
    2. Merchants and artisans were developing an infant industry in the states so they too wanted the government to keep British goods out by the use of tariffs—what happened was these two groups became a driving force for a stronger central government, if only to regulate trade.
    3. Effects of shortage of cash—creditors demanded hard money, but it was in short supply and the paper money printed by the Continental Congress was almost non-existent so states picked up the slack in order to help repayment of debts, and even raise prices (good for farmers).
    4. Rhode Island's efforts to help debtors—several states used the money to help farmers pay mortgages and pay off vets. In RI the legislature issued more money per capita than any other state and then passed the Force Bill forcing everyone to accept it.

                                                               i.      Creditors fled the state and merchants closed their doors while mobs rioted. The forcing act denied trial by jury and assessed fines against anyone who refused to take the money. In 1787, the Supreme Court ruled (Trevett vs Weeden) the Force Act was not legal.

    1. e. Impact of Shays' Rebellion—some thought that this was proof that the country was on the brink of anarchy. Massachusetts, committed to paying off its Revolutionary debts, had the heaviest state taxes with land bearing about 2/3 of the burden.

                                                               i.      Massachusetts farmers, unable to pay their debts, faced foreclosure, having all property, including furniture, seized in order to pay off debts. As the crisis worsened, especially in Western Massachusetts, pressure was put on the legislature to pass some relief measures as other states had done, but because the upper house was controlled by merchants, such attempts at relief failed.

                                                             ii.      To prevent more foreclosures, some courts were seized until more favorable legislators could be elected. One such farmer's protest was led by Daniel Shays (1747-1825), a Continental army officer from Pelham in Hampshire County, who, by mid-1786, with a mob of 1,500, ended court foreclosures by surrounding the Hampshire County courthouse.

                                                            iii.      After attacking the Springfield arsenal, 600 militiamen approached and four protesters were killed and the rebels scattered, including Shays who went to Vermont and Canada before settling in New York, dying in Sparta at age 84. Several rebels were tried and sentenced to death, but Shays and all others were either pardoned or served only short sentences.

                                                           iv.      Jefferson thought that the rebellions were good, “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

  1. Demands grow for stronger government—long before these problems many were calling for a stronger central government, especially top guard against the anarchy that they thought was ever-present.

a.       Those in favor of bigger government thought that uneducated men had gained control of state governments and were pandering to selfish economic interests and they were serving interest groups and powerful constituents rather than the whole populations.

b.      People like Washington and Madison thought that more people were qualified to live a republic life that required a great deal of virtue; they now thought that the fewer involved in the new government, the better. They were Federalists.

c.       Preliminary steps to the convention; Mount Vernon meeting of 1785 where   Washington called Delegates from MD and VA who agreed over navigation rights on the Potomac River and Chesapeake Bay. They also agreed on promoting commerce and development in the spirit of interstate cooperation.

d.      A broader meeting was suggested to include PA and DE to discuss import duties and currency problems. The Annapolis meeting of 1786 saw all 13 colonies invited and 9 named reps but only five showed.

e.       Alexander Hamilton (NY) called for another meeting at Philadelphia the next year to review commercial and all other matters necessary to render the constitution of the Federal Government adequate to the exigencies of the Union.

II. Adopting the Constitution

A. The convention—congress finally fell in line with the rest of the country when they agreed to replace the Articles.

1.                  The delegates—every state except RI (now referred to as Rogue Island) sent delegates although Patrick Henry refused to serve his state of VA because he claimed to have “smelled a rat.”

    1. 55 delegates with an average age of 43, ranging from 81-years (Benjamin Franklin of PA) to 26-years (Jonathan Dayton of NJ); 29 were college trained; one-half were lawyers, and the others were planters, merchants, physicians and college professors.
    2. George Washington was unanimously elected president. Each delegate at the Convention felt that their duty was sacred -- the US faced anarchy, if something was not done quickly).

2.                  Political philosophy represented at the convention— a strong government with the power to tax; the power to regulate commerce; the power to raise an army with the power to require military service; a stronger executive to head the government; and, an easier amendment process.

3.                  Secrecy of the proceedings— the proceedings were to be held in secret, with nothing told or published about the meeting until changes were finalized (James Madison's detailed notes were published after 1840). The cobblestone streets were covered with dirt to minimize noise.

    1. The Articles of Confederation were to be ignored, replaced by a new written document which would give the government certain powers which the Articles of Confederation did not grant. Each state would vote as a single unit.

B. Conflict of the Virginia and New Jersey plans

1.                  Terms of the Virginia plan—three branches of government and the national government had the power to pass laws binding on citizens and states. Congress divided into two houses; a lower on chosen by popular vote and, an upper one chosen by the lower house. Congress could disallow states laws and also could define national and state authority.

2.                  Terms of the New Jersey plan— one house given power to levy taxes and regulate trade. There would be a plural executive (more than one person running the show) with no veto and a supreme court.

3.                  The Great Compromise—Roger Sherman of CT; an upper house (Senate) would be based on equal representation (2 per state) and would vote as individuals; a lower House of Representatives would be proportionally represented. A census every ten years would determine the number of representatives per state.

4.                  The rest of the Constitution (three branches) came straight from the Virginia Plan.

5.                  Another Compromise; Northerners contended that slaves should be counted in deciding each state's share of direct federal taxes. Southerners, of course, wanted to exclude slaves from the count. Yet they wished to include slaves in determining each district's representation in the House of Representatives.

    1. In the Three-fifths Compromise it was agreed that “three fifths of all other Persons” should be counted for both purposes. (As it turned out, the compromise was a victory for the southerners, for direct taxes were only rarely levied by Congress before the Civil War.)
    2. Settlement of the thorny issue of the African slave trade was postponed by a clause making it illegal for Congress to outlaw the trade before 1808.

C. Separation of powers— the third major area of compromise was the nature of the Presidency. This was made easier by the virtual certainty that George Washington would be the first president and the universal trust that he would not abuse the powers of the office or set a bad example for his successors.

The result was a strong Presidency with control of foreign policy and the power to veto Congress's legislation. Should the president commit an actual crime, Congress would have the power to impeach him. Otherwise the president would serve for a term of four years and be re-executable without limit.

As a check to the possible excesses of democracy, the president was to be elected by an, Electoral College, in which each state would have the same number of electors as it did Senators and Representatives combined.

The person with the second highest total in the Electoral College would be Vice-President. If no one gained a majority in the Electoral College, the President would be chosen by the House of Representatives.

The new Constitution was to take effect when nine states, through special state conventions, had ratified it.

LECTURE FIVE

C. Separation of powers— the third major area of compromise was the nature of the Presidency. This was made easier by the virtual certainty that George Washington would be the first president and the universal trust that he would not abuse the powers of the office or set a bad example for his successors.        

The Constitution contains seven articles; 1st for legislative branch, 2nd executive, 3rd judicial, the rest provide for amendments, admission of new states, and ratification.

The result was a strong Presidency with control of foreign policy and the power to veto Congress's legislation. Should the president commit an actual crime, Congress would have the power to impeach him. Otherwise the president would serve for a term of four years and be re-executable without limit.

As a check to the possible excesses of democracy, the president was to be elected by an, Electoral College, in which each state would have the same number of electors as it did Senators and Representatives combined.

The person with the second highest total in the Electoral College would be Vice-President. If no one gained a majority in the Electoral College, the President would be chosen by the House of Representatives.

The new Constitution was to take effect when nine states, through special state conventions, had ratified it.

The office of president—had veto power, was the commander-in-chief, could make treaties with 2/3 Congress, and could appoint officials with a majority in Congress.

But, he could not make war or peace by himself. He could be impeached wit a 2/3 vote in the Senate with the Chief Justice presiding.

The judicial branch had the power of judicial review—that is they could examine the constitutionality of laws—the Constitution provided for a chief justice and left to congress the number of justices. Federal laws were the law of the land and overruled state laws.

The separation of government was seen in the president’s veto, congressional power of impeachment, senate’s power over the president with regard to treaties, wars and appointments, and judicial review in the courts.

Because the Confederation government had such a difficult time amending itself, the constitution called for an easier process for amendments; 2/3 off each house or 2/3 of the states could call for a proposed amendment and ¾ of the states have to ratify to go into effect.

D. Ratification—

1.      The seventh and final article of the constitution was reserved for ratification and once used has become redundant.

2.      Federalists vs. Anti-federalists—the Federalists supported a string national government and its leaders where those who write the Constitution. They were better prepared, better organized and more articulate than were the anti-federalists. The anti-federalists were negative and the older generation.

3.      The Federalists—led by Alexander Hamilton, James Madison, John Jay, and John Marshall. They had several advantages. In a time of national political crisis, they offered a clear prescription for the nation's ills; they were well organized and well financed; and they were used to thinking in national terms and to working with politicians from other states.

4.      They also had the support of the only two truly national political figures, George Washington and Benjamin Franklin.

5.      The Anti-federalists—led by Patrick Henry, George Mason, Richard Henry Lee, James Monroe, John Hancock, Samuel Adams, Elbridge Gerry—counted among their advantages the support of most state politicians and the American people's distrust of strong central government.

6.      Their most potent argument against the Constitution was that it lacked a bill of rights.

Charles Beard's argument for the economic motivation of the delegates—

1.      Beard’s argument — Lower classes/radicals won the revolution and proceeded to democratize American society under state constitutions. They passed laws which favored the lower classes.

2.      Elements of the upper class, owners of wealth, public securities, and merchants were dissatisfied because they were unable to protect their property and wealth. And so they engineered the Constitutional convention to regain control over government.

3.      The same groups also dominated the state conventions which ratified the Constitution and the process of ratification was an extremely undemocratic one designed for the express purpose of checking the democratic majority. The final product of the Constitutional Convention can be seen as an economic document based on a fundamental belief in the right of private property.

4.      Constitution was written to protect the property rights of a particular class of Americans.

E. Arguments of The Federalist for ratification—

1.      The lively newspaper and pamphlet war over the Constitution was a key element of the ratification controversy. Federalists and Anti-federalists published hundreds of essays praising or denouncing the document.

2.      They often signed these essays with pseudonyms drawn from classical sources such as the seventeenth-century English struggles against the tyranny of the Stuart kings.

3.      Leading Federalist writings included John Jay's Address to the People of the State of New York (the most popular and influential pro-Constitution publication) and The Federalist, a series of eighty-five newspaper essays by Alexander Hamilton, James Madison, and John Jay under the name Publius.

4.      Although The Federalist was the most thorough and intellectually challenging of these works, citizens in 1787-1788 did not share modern readers' deep respect for Publius' arguments and rhetorical skills.

5.      The Federalist served mainly as a debater's handbook for Federalist delegates in the Virginia and New York conventions, becoming a classic work of American political thought and the foremost commentary on the Constitution only after the ratification controversy.

F. Pattern of ratification—

1.      Every state but Rhode Island elected a ratifying convention in 1787-1788. The first five ratifications took place in quick succession: Delaware, December 7, 1787 (unanimous); Pennsylvania, December 12, 1787 (46-23); New Jersey, December 18, 1787 (unanimous); Georgia, January 2, 1788 (unanimous); and Connecticut, January 9, 1788 (128-40).

2.      In Massachusetts, however, the Constitution ran into serious, organized opposition. Only after two leading Anti-federalists, Adams and Hancock, negotiated a far-reaching compromise did the convention vote for ratification on February 6, 1788 (187-168).

3.      Anti-federalists had demanded that the Constitution be amended before they would consider it or that amendments be a condition of ratification. Under the Massachusetts compromise, the delegates recommended amendments (The Bill of Rights) to be considered by the new Congress, should the Constitution go into effect.

4.      The Massachusetts compromise determined the fate of the Constitution, as it permitted delegates with doubts to vote for it in the hope that it would be amended. All subsequent state conventions but Maryland's recommended amendments as part of their decisions to ratify.

5.      The lists of recommended amendments and the Federalists' promise to work for amendments (particularly a bill of rights), set in motion the process by which the Bill of Rights was added to the Constitution in 1789-1791.

Later States

1.      Four states (VA, NY, NC, RI), representing 40 percent of the population, had not yet ratified the new government created by the constitution. In Virginia Geo Washington, John Marshall and James Madison, all Federalists, worked for ratification.

2.      After much debate, the knowledge that NH was about to ratify it to make it official, and realizing that Virginia could not make it as an independent nation, led Virginia's assembly to ratify it on June 26 by a vote of 89-79.

3.      One month later, New York , after the pro-Federalist Party waged successful arguments in the NY papers and realizing that NY probably could not exist as an independent nation, ratified it 30 - 27.

4.      North Carolina did not ratify it until 21 November 1789, by a vote of 195-77, submitting first twelve amendments to be considered in Congress. Rhode Island did not convene an assembly to consider the document until January 1790, when only after threats from the other states of denying trade to them as a foreign nation did they agree to the document on 29 May 1790 by a vote of 34-32.

F. Plans for transition to a new government—

1.      NH ratified in June 1788 and in September 1788 the confederation Congress selected NYC as capital and March 4, 1789 as the 1st meeting of the new congress.

2.      Ben Franklin when asked of the new Constitution—“Our Constitution is in actual operation, everything appears to promise that it will last; but in this world nothing is certain but death and taxes.”

3.      Geo Washington—“I do not expect the Constitution to last for more than twenty years.”

The First Two Administration (Federalists Washington and Adams)

The New Untied States

Demographics

A.     4 million people inhabited the new country from the atlantics to the Mississippi. New England was a region of small farmers and bustling seaports; the middle states had the best economy and the biggest cities, as well as the most diverse population; the southern states had the biggest plantations and were increasingly dependent on slave labor.

B.     The economy in the south also became increasingly dependent on cotton; between 1790 and 1815 the annual production of cotton rose from 3 to 93 million pounds.

C.     The new country was rural everywhere and most were engaged in agriculture. The first census was taken in 1790 and there were 750,000 African Americans, 1/5 of the population; most importantly the ratio of free blacks to slaves was never higher that in 1790—it would steadily decline.

D.     Indians were not included in the census and may have numbered as many as 150,000. They continued to be armed by the British who then encouraged them to resist American encroachment. In Kentucky between 1784 and 1790 some 1500 settlers were captured or killed. For their part Kentucky settlers hunted the Indians to kill them in return.

E.      In the south, the Indians continued to be armed by the Spanish ands also refused to acknowledge American authority.

F.      As a sign of things to come in western migration, Kentucky’s population exploded between 1776 and 1790 and in 1792, they applied for statehood.

The New Government

A.     The new congress had to wait a month before they had a quorum so they could count the votes of the Electoral College and give Washington his 69 unanimous votes. John Adams had the second most (34), so, he became the vice-president. Washington, for his part, told a friend that he felt like a “culprit who is going to the place of his execution.”

New Governmental Bureaucracy

A.     The old confederation congress had authorized different departments such as state, treasury and attorney general but they didn’t mean for them to be an advisory group. Washington appointed Jefferson as Secretary of State, Alexander Hamilton as Secretary of the Treasury, Henry Know, Secretary of War and, Edmund Randolph as the Attorney General.

B.     He also began to use them as the aforementioned advisory group when he sought their input on matters of policy. Thus was the beginning of the Cabinet. Adams, as VP said “The Vice-Presidency” was the most “insignificant office… ever… contrived.”

C.     Congress created the court system from the Judiciary Act of 1789 which provided for a Supreme Court, with six justices, and invested it with the power to rule on the constitutional validity of state laws. It was to be the interpreter of the "supreme law of the land."

D.     A system of 13 district courts was established to serve as courts of original jurisdiction, and three courts of appeal were also provided for where the original district judge would sit with two members of the Supreme Court (who were itinerant much of the year). Washington named John Jay as the first Chief Supreme Justice and he served until 1795.

The Bill of Rights

A.     Many of the states had ratified the Constitution with the proviso that a Bill of Rights be added in the way of amendments. The amendments would protect the individual liberties of the many against the intrusions of the few.

a.       First Amendment- freedom of religion, speech, press, assembly, and government petition (1791)

b.      Second Amendment - right to bear an-arms in a regulated militia (on a state basis; it was not intended to guarantee an individual's rights) (1791)

c.       Third Amendment - troops will not be quartered (housed) in private citizens' homes (1791)

d.      Fourth Amendment - protects against unreasonable search and seizure (need for search warrant) (1791)

e.       Fifth Amendment - protects the rights for the accused, including required indictments, double jeopardy, self-incrimination, due process, and just compensation (1791)

f.        Sixth Amendment - guarantees a speedy and public trial, the confrontation by witnesses, and the right to call one's own witnesses on behalf (1791)

g.       Seventh Amendment - guarantees a jury trial (1791)

h.       Eighth Amendment - protects against excessive bail and cruel and unusual punishment (1791)

i.         Ninth Amendment stressed that the lack of a right being specified should not imply that the right did not exist (1791)

j.        Tenth Amendment satisfied the states' rightists by specifying that all other rights not delegated or prohibited belonged to the states and to the people (1791)

Revenue for the New Government— the most pressing need, and addressed by congress as one of its first orders of business.

A.     Import duties—they were a tariff, partly to raise money, and partly to protect the northern industries from competition for their “infant” industries.

B.     It would cause problems later as the northern interests were protected from competition (especially British) but the rest of the country had to pay inflated prices by virtue of the tariff, which allowed new Englanders to raise prices so long as they didn’t go higher than the imports.

Hamilton's Vision of America

A.     Hamilton's background—born out of wedlock on St. Kitts and abandoned by his father, he was put in an orphanage when his mother died when he was 13. He made it to New York and attended King’s College (Columbia) then fought in the Revolution as Washington’s aide.

B.     After the war he became a lawyer and served in the confederation congress. He then became Washington’s Secretary of the Treasury and his financial policies would lead to the first political parties. He would send reports on finances and the economy to Congress that were designed to lead the new nation to economic prosperity.

Establishing the public credit—the first report submitted was the Report on Public Credit that recommended two controversial plans.

A.     Provisions of the Report on Public Credit—first the federal debt would be funded at face value meaning that anyone holding government bonds (Confederation money) could redeem them at face value for new bonds.

B.     Federal assumption of state debts—secondly, the debts of the states were to be “assumed” by the new government. They amounted to $21 million. The funding part was the sticking part because many people (farmers and soldiers) who originally bought the bonds had sold them at deflated prices to speculators, who bought them after hearing of Hamilton’s Report.

C.     The commoners wanted to be reimbursed as well. Hamilton thought that the speculators should be rewarded since they took the risks and should get the benefits as well. Additionally, Hamilton thought the new government should do all it could do to win over the wealthy because they would be the foundation of a very successful nation.

D.     Other credit reports—after his first report on credit he issued another one asking for an excise tax on liquor to cover the nation’s debts. Another report asked for a national bank and a mint. His last report was the Report on Manufacturers and it proposed government aid to the manufacturing enterprises.

E.      As with Robert Morris, Hamilton reasoned that the national debt would be the “cement” of the union. The paying of the debt would give the new nation credit throughout the world, and the power to tax would set a precedent allowing the federal government to tax forever. All at the same time as winning the influential wealthy class.

Sectional Differences

A.     Madison had sided with Hamilton but broke with him over the issue of the federal debt because he wasn’t too happy that the majority of those who held the (federal) debt lived north of the Mason-Dixon Line. Madison put firth his own plan to pay off the (federal) debt, but his plan rewarded the original owners of the bonds. The House however, passed Hamilton’s plan.

B.     Compromise solution—as for the assumption of state debt, Madison had plenty of support in the South who had already paid off most of their debt. New England states had not. Hamilton met up with Jefferson on the president’s steps while going over for dinner and proposed a compromise.

C.     The big three agreed that the northern states would vote in favor of moving the nation’s capital to Philadelphia for ten years then to a place on the Potomac (of Washington’s choosing) after that. In return, Madison and Jefferson would get the southern votes to pass the assumption plan.

D.     (Southern states without debt were also awarded government grants to make up for the difference of debt assumed from the northern states).

Hamilton's plan for a national bank

A.     Advantages of a bank—Hamilton needed cash to fund and assume and thus, called for a national bank to issue paper money backed by government bonds. The bank was to be 80% private but to have government surveillance.

B.     Hamilton said the bank would benefit the nation by having a uniform currency, redeemable in gold ands silver, could make loans to the business world, and serve as a place for the government to keep its money. Also, they could transfer money between branches without physically shipping precious metals.

C.     Controversy over the constitutionality of the bank—Madison protested saying that the move was unconstitutional, but congress passed the bank measure. Washington then had to sign the bill into law but consulted with his cabinet first, where opinion was divided.

D.     Thus would begin the implied powers, or elastic clause of the Constitution. The first ever debate on the interpretation of the Constitution was the result with Hamilton saying that Article I, Section 8 authorized Congress to “make all laws which shall be necessary and proper for carrying into execution the foregoing Powers.”

E.      Jefferson used the tenth amendment as his argument saying those powers not specifically given to Congress was reserved for the states.

F.      Washington sided with Hamilton at least partly due to the fact that the issue itself came from within the jurisdiction of the Treasury and signed the bill.

Techniques to promote manufacturing—

A.     Hamilton's final report was the Report on Manufactures which listed the advantages of governmental development of manufacturing. He felt the nation was too dependent on farming, and, for one advantage, those who didn’t normally work outside the home, women and children, would now be paid.

B.     It also would have increased immigration and helped to create a better market for agriculture, since more people had money to spend. Hamilton would employ the tariff, restrain some raw materials from being exported, encourage inventions, and lastly, encourage internal improvements like better roads and canals.

C.     It was ahead of its time, however, but the tariffs were enacted in 1792 ands the rest would make an appearance over the course of the next several presidencies.

D.    What he didn’t see was the problem developing between the north and the south; he felt that the south was uniquely qualified to produce agriculturally whereas the north and middle states could be the center of manufacturing. As such, he felt that the entire country would benefit, especially in regards to exporting.

Hamilton's Legacy—

A.     The Treasury Department did retire the Revolutionary War debt and money flowed in from Europe again and the nation came out of the funk that was the result of the war and lasted through the 1780s.

B.     Hamilton thought that government should be by the few and the power of those few should have been concentrated at the federal level, thereby believing in a stronger central government than any of his peers. He saw capitalism as the economic centerpiece of his world.

C.     He had no understanding of the “little guy” and the common man would not have seen any benefit at all of his policies. The only state in the south that subscribed to his policies was South Carolina, who had a massive wartime debt, and lots of commercial interests centered in Charleston. Most others in the south, in the backcountry, and a politically motivated faction in New York all opposed him.

Development of Political Parties—

A.     Hamilton and all of his supporters became known as Federalists and Jefferson and Madison became known as Republicans, hinting that the Federalists really were monarchy oriented and the Republicans were for a Republic.

B.     The idea of a political party was really more of an idea of factions thus lending a negative connotation to the two parties. Jefferson said “If I could not go to Heaven but with a party I would not go there at all.”

C.     Madison's and Jefferson's general reactions—Madison had started out on Hamilton’s side when they were writing the Federalist Papers together but turned to leads the opposition when he was elected to the House.

D.     Jefferson and Madison (both Virginians) were for the farmer class and were staunchly opposed to the excise tax on whiskey especially, since the farmers used it as money. They were also against his bank and his report on manufacturers.

E.      Jefferson's background—he was to the manor born, a cultured man who spent several years in France, spoke seven languages, was an inventor and architect (Monticello, U of VA) but he and Hamilton were polar opposites with Hamilton pro central government and Jefferson pro farmer class.

F.      Hamilton and Jefferson used the press to forward their views; Hamilton by John Fenno’s Gazette of the United States and Jefferson by Philip Freneau’s National Gazette. Both men gave government contracts to their respective mouthpieces although their support for their favorite Secretary was genuine.

G.     Although Washington wanted to retire to Mount Vernon after one term, he was talked out of it by Hamilton and Jefferson as a way of holding the nation together for fear that the party system was too divisive. Indeed, Washington again was re-elected unanimously but Adams this time got 77 votes while Republican Clinton (NY) got 50.

Crises foreign and domestic— foreign relations took center stage during his second term.

A.     The French revolution began during his first term and was in complete swing by 1793. When King Louis XVI was executed, England went to war with the French Republic. Due to the treaty signed after Saratoga, however, the US was the French ally in perpetuity.

B.     Hamilton thought that the treaty was void because it was made with a government that no longer existed, and Jefferson wanted to use the alliance as a bargaining chip with England. Washington sided with neither and declared that the US was neutral towards both combatants.

Citizen Genet

A.     Washington gave Jefferson his due and the US was the first to recognize the new France. Citizen Edmund Charles Genet was then accepted as ambassador at Charleston where he proceeded to organize Americans against the British by commissioning privateers to prey on British vessels, and he took steps to organize expeditions against British and Spanish territories.

B.     Although warned of the violation of US sovereignty, he sent a re-commissioned (British ship) French vessel out to sea for which the US government officially requested his recall, although he remained in New York as a private French citizen rather than return to France and risk the guillotine as his government had been defeated and a new ambassador was sent to the US with a warrant for his arrest. He wound up marrying the daughter of Governor Clinton (NY).

C.     The British could have declared war on the US over the re-commissioned privateer flap. France was the worst nightmare of the Republicans, anarchy run amok; but, England did nothing to aid the federalists either, as they told of their plans to occupy northwest posts indefinitely and that they would seize any American cargoes headed to or from the French islands.

D.     One could only be a Federalist or a Republican at this point. Oddly enough, the New England area, in a position to lose to British seizures, was staunchly pro-British and were still profiting from the trade with Britain.

E.      Although Jefferson agreed that Genet's actions harmed the Anti-federalist cause, Washington leaned more on Hamilton for advice and Jefferson resigned as Secretary of State, replaced by Edmund Randolph.

Jay’s Treaty

A.     England's provocations called for strong action. Washington sent John Jay to England to demand removal of the English from American soil, payment for ships illegally seized, compensation for slaves freed in 1783, better commercial relations (trade with the British West Indies), and acceptance of the United States as a neutral nation.

B.     Jay (Chief, Supreme Court), however, had no chance to secure a favorable treaty because Hamilton had secretly informed the English government that the United States would compromise. Jay agreed to a treaty that gave the United States virtually nothing.

C.     Britain gained the provision that neutral ships could not sail to enemy ports, the “Rule of 1756” saying that trade prohibited in peacetime due to mercantilism could not be reopened in wartime, they also got preferential treatment in American trade, didn’t compensate for freed slaves, AND, the old debts incurred before and during the American Revolution would be paid for by the American government!

D.     However, the British would evacuate the posts by 1796, and would pay for ships seized from 1793-1794.

E.      There was something to offend every American. Jay said he could have traveled across the country by the light of his burning effigies. Washington disliked the proposed treaty, but sent it to the Senate where it was ratified by the smallest possible margin.

F.      When newspapers learned the contents of the treaty, they viciously attacked it and even criticized Washington. In attacking Washington, the opposition had gone too far. The nation rallied behind its greatest man, and the Federalists used the opportunity to portray the Republicans as traitors. The rift between the parties deepened.

G.     Washington was asked by the House members to turn over papers relating to the secret debates in the senate, but refused saying that treaties were solely the business of the senate thereby establishing the as of yet unnamed “executive privilege.”

Frontier Problems

A.     After Jay’s Treaty, the Spanish thought they needed to do some negotiating with the new government especially since there were Indian uprisings while Jay was in London. (They viewed any American-London pact as anti-Spanish).

B.     Indians twice defeated the Americans when Washington named “Mad Anthony” Wayne to lead an expedition to the Northwest Territory. He went with 1600 men and built Fort Greenville and went on the offensive. They fought at Fallen Timbers (1794) and the Americans inflicted heavy losses on the Indians.

C.     They then agreed to the Treaty of Greenville (1795) giving the Indians a $10,000 annuity in return for their moving out of Ohio and Indiana.

Whiskey Rebellion

A.     Basis for the rebellion—them moon-shining Irish and Scots in western Pennsylvania opposed Hamilton’s excise tax like everyone else in the west did however, blew up stills of those who paid the tax, terrorized the revenue agents, and, they threatened to attack Pittsburgh. It was just another of Hamilton’s plan to tax the poor and subsidize the rich easterners.

B.     Army sent to disperse the rebellion—Washington warned them “Whiskey Boys” but they didn’t listen and Washington formed an army larger than the one he commanded in the revolution, 13,000, and them there boys faded back into the woodwork.

C.     Two “boys” were arrested and taken to Philadelphia where they were to be tried but both were pardoned by Washington as he said one was a “simpleton” and the other “insane.” The government gained in the long run, but the republicans gained heavily in Pennsylvania. The war against moon-shiners continues.

Treaty with Spain

A.     Spanish intrigues in the West—they continued to aid in the unrest by supplying the Indians but in Tennessee, settlers burned Indian villages. At the same time, the treaty with London was learned of along with the defeat of the Indians at the battle of Fallen Timbers.

B.     The Spanish worried the Americans would seek Louisiana next so the Spanish suddenly offered to open the Mississippi, gave the US the right of deposit at new Orleans, they settled the disputed border between Spanish Florida and the United States at the 31st parallel, and they ceased supplying the Indians.

C.     US minister to Britain, Thomas Pinckney negotiated the treaty and it was immensely popular with westerners especially who needed the Mississippi to transport their crops.

Land Settlement—

Conflict over basic principles of land policy—two views, one said it was to serve as a source of revenue while the other view said that land should be cheap or even free so as to get the country settled. The policy would start at the first and end at the second, but for now, the need for money won out.

Development of Land Policy

A.     Hamilton and Jay favored large land tracts to speculators because, for one thing, Hamilton was afraid to lose the eastern population to westward expansion which would take his labor force. Jefferson and Madison went along for the ride so as to reduce the debt—but Jefferson knew that the west would be settled by the Daniel Boones of the world whether Hamilton liked it or not.

B.     Congressional changes in land policy from 1796-1804—mostly what they did was stick to the time tested policy of selling a minimum of acreage, but for varying amounts. Most of the first plans put the prices out of the reach of even the speculators so the prices and minimums were toyed with until the Land Act of 1804 which set the minimum at 160 and 1.64 per acre.

The Wilderness Trail

A.     Boone set out on the trail in 1769 and widened the Warriors Path into the Wilderness Trail in 1775. He built Boonesborough and stayed on in spite of frequent Indian attacks. He was joined by the Irish and Scots Irish from Pennsylvania, North Carolina and Virginia.

B.     Some bought from speculators, some from government agents; some were given the land as compensation for military duty, and some squatted. The squatters were eligible to buy it after it was surveyed.

C.     Corn was the preferred crop because it had so many uses. One was “Johnny cake,” originally “journey cake.” Also corn liquor, houses were built with the help of the entire community and entertainment abounded to keep from going crazy. The story of “hitting the nail on the head” comes from a competition where they shot at a nail pounded into a board. Kill me now.

D.     Transfer of Power—Washington had grown tired of the fighting between Hamilton and Jefferson and their use of the press to amplify their divergent stands, so he retired to Mount Vernon after two terms thereby establishing a precedent that would be followed for almost 150 years.

E.      Three new states came into the union under his watch, Vermont (1791), Kentucky (1792), and Tennessee (1796). The nation also had established itself in the eyes of the world as it had credit, power, and had grown at the expense of Spain and England.

F.      He was also vilified in some corners by the press and he fumed in private. When he announced his intention to retire, the Philadelphia Aurora said “this day ought to be a Jubilee in the United States… If a nation was debauched (led astray, corrupted, etc.) by a man, the American Nation had been debauched by Washington.”

Washington's Farewell Address

A.     General principles of his address—he was very concerned that people saw themselves as southerners, northerners, easterners, etc.

B.     In 1796, Washington announced his decision to retire from public life, warning Americans in his “Farewell Address” to avoid forging permanent foreign alliances avoiding not only habitual fondness, but also habitual hatred. He also warned to avoid forming political parties.

C.     But the timing of Washington's statement was itself a partisan act because it gave the Republicans no time to organize a presidential campaign in 1796.

Election of 1796

A.     Candidates—a party slate for the first time, really; Adams (MA) and Pinckney (SC) for the Federalists against Jefferson (VA) and Burr (NY) for the Republicans. Jefferson almost won the election due to the unpopularity of Jay’s Treaty but the French public appeal for his candidacy probably killed him.

B.     Hamilton's scheme—thinking that he could influence Pinckney more than Adams, Hamilton asked the SC electors to withhold some votes so Pinckney would win.

C.     They gave some to Pinckney, but rather than withhold, they gave others to Jefferson, and new Englanders got wind of the scheme and dropped Pinckney altogether. The result was Adams 71, Jefferson 68, thereby having a President and vice-President from competing parties!

The Adams Administration—former war hero, lawyer, and vice-President, he was half-way between Jefferson and Hamilton but was a Federalist—and they were seen as monarchists.

War with France

A.     Adams the man—he inherited Washington’s cabinet, as was the case then, but also inherited a problem with France.

B.     Troubles with France—the Jay Treaty stopped the British from seizing American ships so they now carried on a British trade, but France thought of the materials carried as contraband too, as did Britain when they involved shipping for the French.

C.     The French then did the same as the British had done before, but with more intensity, that is they seized American ships, especially in the West Indies. By the time Adams was inaugurated, the French had seized some 300 ships and broken diplomatic relations.

D.     James Monroe, ambassador to France had become so pro-French that he was recalled and replaced with C. C. Pinckney who the French then refused to accept, and ordered him out of the country. Many Federalists called for war, but Adams sent Timothy Pickering (Secretary of Sate), John Marshall (VA, Federalist), and Elbridge Gerry (MA, Republican) to negotiate.

E.      The XYZ affair— These three were then accosted by three minor French officials (X, Y, and Z according to Adams in his official report to Congress when all was said and done) of Foreign Minister Talleyrand and told that if they wanted to negotiate they had to come up with a loan for $12 million, a $¼ million bribe, and apologize for remarks made by Adams to Congress. Just to negotiate!!!

F.      Although bribes were commonplace, a bribe just to negotiate was a bit high and Congress as well as the press had a field day with this news, “Millions for defense but not one cent for tribute.” Now even some of the Republicans wanted war but Adams remained cool and Congress authorized the capture of French ships, suspended all commerce with them, and, just for good measure, renounced the alliance of 1778.

G.     Logan Act—George Logan, a PA Quaker went to France on his own to negotiate an end to hostilities without the blessing of the US government and Congress passed the Logan Act as a result of this mission which forbids private citizens to negotiate with foreign governments without official authorization.

H.     Creation of a navy—the navy ceased to exist at the end of the revolution but due to Algerian harassment of American commerce, six ships were authorized1794. Washington bribed the Algerians in 1796 and three ships were finished; the Constitution, the United States, and the Constellation.

I.        In 1798 Congress approved a new Department of the Navy. Finally, by the end of 1799 the navy had 33 ships and was involved in an undeclared war with the French in the West Indies. The undeclared naval war with France began when France captured the USS Constellation in November 1798.

J.       Organization of a new army—10,000 troops were also authorized for the army for fear of a French invasion. Adams gave the leadership to Washington who demanded that he name his chief subordinates, with Hamilton as the leader.

K.    By the time they had recruited enough members to fill out the roster, the threat of a French invasion had passed, although Hamilton still dreamed of the glory in invading Louisiana, Florida and even South America.

L.      Peace overtures—with Napoleon in charge of France by 1800, he was eager for peace and signed an agreement ending hostilities by ending the quasi-war and accepting the new American diplomat. This was Adams finest hour as this would lead in three short years to the buying of Louisiana, which would not have been possible had war broken out.

Domestic ramifications of the war—

A.     The Alien and Sedition Acts of 1798—during the whole Quasi war with France, the Republicans (Jefferson, Madison and Monroe) continued to sympathize with the French while opposing the “High” (Nazi) Federalists at every turn. After the Federalists won the off-year elections in 1798 they took it as a mandate to stymie Republican opposition.

B.     Terms of the acts—the Alien Enemies Act and the Alien Act gave the president power to expel any foreigner. The Naturalization Act required immigrants to reside in the United States for fourteen years before becoming eligible for citizenship, up from the previous five years.

C.     The last act, the Sedition Act, made it a crime to criticize the government. Federal courts became politicized and often enforced this law in absurd ways. Republicans were convinced that free government was on the brink of extinction.

D.     The Federalists and Republicans spoke about each other in such virulent terms anyway that the whole government could have been thrown in jail. Of the 15 indictments and 110 convictions, all were Republicans.

E.      Arrests and prosecutions under the acts—Matthew Lyon (R-VT) said spoke of Adams “continual grasp for power” and “unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice.” He got 4 months and $1,000 fine. The few convictions created Republican martyrs, especially with regard to freedom of speech, and showed the vindictiveness of Federalist judges.

F.      Kentucky and Virginia Resolutions (1798)—Jefferson and Madison in response passed the Kentucky and Virginia Resolutions denouncing the acts as unconstitutional and advancing the state-compact theory. This said that the states had created the federal government and should have a say when they overstepped their bounds as they had done with the acts.

G.     The Kentucky Resolutions, written by Jefferson and passed by the state of Kentucky, claimed that each state had the power to decide whether acts of Congress were constitutional and if not, to nullify them.

H.     Madison's Virginia Resolutions urged the states to protect their citizens, but did not assert a state's right to nullify federal law. Jefferson and Madison were less interested at this time in formulating accurate constitutional theory than they were in clarifying the differences between Republicans and Federalists.

I.        Both men were looking more for an opening salvo in the election of 1800 than they were in advancing the notion of nullification. They called for other states to help them repeal the acts and shunned any mention of violence.