Chapter 10: Launching the New Ship of State – 1789-1800 190 Growing Pains 190 I shall only say that I hold with Montesquieu, that a government must be fitted to a nation, as much as a coat to the individual; and, consequently, that what may be good at Philadelphia may be bad at Paris, and ridiculous at Petersburg. Alexander Hamilton, 1799 Upon the new constitution, the country was growing – doubling every 25 years. In the first official census of 1790, there were nearly 4m people with the major cities being Philly, NYC, Boston, Charleston and Baltimore. The country was still 90% agrarian; only 5% lived west of the Appalachian Mountains, concentrating in KY, TN and OH which all became states within 14 years (preceded by VT in 1791). Many foreigners looked down upon frontier/pioneer lifestyle shown in roughness and crudity. Out west, Spanish/ British agents were trying to seduce settlers with promises of independence. Washington for President 191 What was one major development and change that Washington made in the president’s staff? 1789 – General Washington was unanimously drafted president by the Electoral College. George Washington – the man: Physical – At 6’2”, 175 lbs., broad shoulders and sharp line face (marked by smallpox), Washington was imposing figure. Personality – He depended on balance rather than brilliance – he commanded with a strength of character. He was good-natured but sometimes lost his temper. He was a poor speaker who could be rendered speechless without a script. Faith – technically an Episcopalian but religion played only a minor role in his life – he stuck to a strict moral code based on his idea of right and wrong. Recreation – he played billiards and cards and loved the idea of a fox hunt but in later years, read newspapers aloud to his wife and walked daily for exercise. Death – On 14 December 1799, from pneumonia and inflammatory quinsy. As the sword was the last resort for the preservation of our liberties, so it ought to be the first to be laid aside when those liberties are firmly established. George Washington, 1776 Washington made the trip from Mt. Vernon to NYC (the temporary capital) to take an oath of office overlooking Wall Street. Washington immediately changed things up by establishing a cabinet – it was something not specifically mentioned in the Constitution other than the president “may require” written opinions of the heads of executive branch departments. This step was so cumbersome that cabinet meetings soon became protocol in Washington’s administration. At the time, there was only three full-fledge department heads under Washington: Secretary of State Thomas Jefferson, Secretary of Treasury Alexander Hamilton and Secretary of War Henry Knox. The Bill of Rights 192 What amendments were meant to protect the powers of the states? What was the purpose of the Judiciary Act of 1789? Anti-federalists initially approved the Constitution with the understanding that a bill of rights would be drawn up to protect the basic rights of individuals from the power of government. Many were concerned that another constitutional convention would unravel Federalists’ hold. James Madison drafted and walked the amendments through Congress himself. 1791 – the amendments were approved by the necessary number of states, the first ten amendments were passed, known as Bill of Rights. These rights were meant to protect some of most basic American principles. In an attempt to make sure no one assumes rights listed were the only ones protected, the 9th Amendment specifies that certain rights cannot be used to deny other rights held by people. In the 10th Amendment, Madison also gave a nod to the Anti-federalists by delegating all powers not specifically written for the federal government to the state powers. Judiciary Act of 1789 – the creation of effective federal courts, organizing a supreme court with a chief justice and five associates, a federal district and circuit courts and the creation of office of attorney general. John Jay, the co-writer of Federalists’ Papers, was the first chief justice of Supreme Court. Evolution of Cabinet Position Secretary of state Secretary of treasury Secretary of war Attorney general Secretary of navy Postmaster general Secretary of interior Secretary of agriculture Secretary of commerce/labor Secretary of commerce Secretary of labor Secretary of defense Secretary of health/educ/welfare Secretary of HUD Secretary of transportation Secretary of energy Secretary of health/human services Secretary of education Secretary of veterans’ affairs Secretary of homeland security 192 Date est. 1789 1789 1789 1789 1798 1829 1849 1889 1903 1913 1913 1947 1953 1965 1966 1977 1979 1979 1989 2003 Comments Loses cabinet status, 1947 No head of Justice Dept until 1870 Loses cabinet status, 1947 Loses cabinet status, 1970 Office divided in 1913 Subordinates are secretaries of armed forces Office divided in 1979 Hamilton Revives the Corpse of Public Credit 193 What was the thinking behind Hamilton’s idea on the assumption of state debt? Alexander Hamilton, the treasury secretary, was a native of the British West Indies – there were those who felt he loved his adopted country more than his countrymen. Those who doubted, and still do, his commitment to the republican experiment, said he acted much like a PM to Washington, often interfering with other departments, especially that of his archrival, Thomas Jefferson at State. Hamilton, a financial wizard, set about immediately to fix the economic problems of the Articles. He set out to create fiscal policies to favor the wealthy who in turn, would give money and support the government, which would, with prosperity, trickle down to the common folks. Hamilton’s first step was to bolster the national credit – without which, the rest of his plan would not work. He urged Congress to fund the entire debt and assume the debts incurred by states during war. Using the phrase “funding at par” meant the federal government would pay off all of the debts at face value, plus interest (around $54m). Many felt the Treasury Department was incapable of meeting such obligations – government bonds depreciated to 10-15 cents on the dollar. 1790 – Congress passed Hamilton’s measure while speculators, who already owned government bonds before passing, set out to buy much more from farmers, veterans and widows. The assumption of the states’ debt burdened the federal government to the tune of some $21.5m. Hamilton had other motives as well – taking on the states’ debts made sense in that the debt was incurred while fighting for independence. Additionally, taking on the states’ debt would chain the states to the federal government, as well as wealthy creditors from state and federal governments. The move would strengthen the central government by culling support from the rich towards a national administration. States with large debt (MA) were more than delighted to let Hamilton have his plan while those who didn’t (VA) were less convinced. VA also wanted the new capital to be on the Potomac River which would increase commerce and prestige to the South. Jefferson was dragged from Paris to help secure enough votes in VA to get the measure passed in exchange for DC being located on the Potomac. [Hamilton] smote the rock of the national resources, and abundant streams of revenue gushed forth. He touched the dead corpse of public credit, and it sprung upon its feet. Sen. Daniel Webster (W-MA), 1831 Customs Duties and Excise Taxes 194 How did Hamilton propose paying for the payment of debt? Hamilton’s insistence on taking up national and state debt swelled the national debt to $75m. Less committed, Hamilton could have sidestepped $13m in interest and state debt. To Hamilton, he was not greatly worried – the more creditors the government owed money to, more they had a stake in seeing the government doing well – turning a traditional liability into an asset. How would Hamilton suggest paying for all of this debt? First – customs duties, derived from tariff, depended upon heavy foreign trade. 1789 – Congress passed a tariff of 8% on the value of dutiable imports before Hamilton was sworn in – revenue being the main goal. Also, the measure was meant to protect the infant industries in US – Hamilton, knowing that an industrial revolution was coming, pushed for more protection of American manufacturing groups. Congress, still dominated by agricultural and commercial groups, only increased the tariffs twice during the Washington administration. 1791 – Hamilton convinced Congress to pass an excise tax on a few domestic items (notably on whiskey). The majority of taxes would fall on distillers who lived in the frontier country and who liquefied bulky bushels of grain to easily carry them on horrible roads by horseback. Whiskey was so prevalent in these parts of the country, it was used as currency. Hamilton Battles Jefferson for a Bank 195 What was the argument of Jefferson and Hamilton over the Bank of the U.S.? Always an admirer of all things English, Hamilton felt the next thing needed was a national bank. The bank would have as a major stockholder, the government, who in turned, deposited its surplus. Federal funds would stay in circulation, stimulating business. The bank would also have the duty of printing paper money, creating a sound and stable national currency. The main debate was, was a national bank constitutional? Washington asked Jefferson, as member of his cabinet, for his opinion. Jefferson could not have been more against it, feeling it was indeed unconstitutional. According to soon-to-be-passed bill of rights, all powers not expressly written for the federal government, went to the states – only states should have the power to charter banks. Jefferson believed in a “literal” or “strict” interpretation of the Constitution – document simply did not account for a federally-created national bank. Washington then asked Hamilton to respond to Jefferson’s strict interpretation to the Constitution. Whereas Jefferson felt what Constitution did not say, it forbade, Hamilton was the opposite; what it did not say, it permitted. Hamilton used a clause in the Constitution that said Congress had the right to pass any laws “necessary and proper” to carry out the powers vested with government agencies. The government was charged with collecting taxes and regulating trade and a bank made sense in the performance of such a duty – not only proper but necessary. By the virtue of “implied powers,” Congress was empowered and justified in creating a bank. Hamilton called for “loose” or “broad” interpretation of the Constitution – over time, he and his followers argued the theory of “loose construction” by using the “elastic clause of Constitution. Hamilton’s view prevailed as Washington signed the national bank charter into law. The debate was explosive and followed mainly along sectional lines – the industrial and commercial north supported the measure and the agricultural south was against it. 1791 – Bank of US allowed for a 20-year charter and was located in Philly and stock was opened for public sale to a line of people ready to oversubscribe for the stock. Mutinous Moonshiners in Pennsylvania 196 What was the importance of the government reaction to the Whiskey Rebellion? 1794 – in southwestern PA, the Whiskey Rebellion strongly challenged the new national government. Hamilton’s excise tax targeted whiskey distillers and an item that was a life line and even money for people in western lands. Whiskey distillers rose up with the cry of “Liberty and No Excise” – tarring and feathering tax collectors, bringing practice to an end. Washington, with plenty of convincing from Hamilton, called upon several states to provide troops to quell the rebellion – something that was not a given if the states would take up arms to keep fellow Americans in line. Some 13,000 troops in fine colors made the march to SW PA to deal with the insurrectionists only to find out they were dispersed and the major leaders already arrested. Washington, to put incident behind the US, pardoned those convicted for leading a rebellion. The Whiskey Rebellion was a detractor but a strong test for the new government and it won new respect. Others criticized the government for strong-arm tactics – using a sledgehammer to kill a gnat. The Emergence of Political Parties 196 What was largely responsible for the creation of political parties? Hamilton’s action immediately established the government’s sound credit rating – allowing the US to borrow money from the Netherlands on decent terms. With Hamilton’s success – funding, assumption, excise tax, bank, suppression of Whiskey Rebellion – there was an encroachment on states’ rights. Old anti-federalists, who never would have gone with the Constitution had it foreseen Hamilton’s measures, saw the moves as the federal government growing out of control. Out of resentment of Hamilton’s measures, an opposition developed. The personal feud between Jefferson and Hamilton turned into a full blown and bitter political rivalry. At the time, political parties did not exist – groups like the Federalists and Anti-federalists and Whigs and Tories were just that, groups; ones that faded away with the success or failure of a movement. No founding father envisioned political parties – any opposition to the publicly elected government was seen as disloyalty and tore at the national unity that the Revolution created. Initially, Jefferson and Madison’s opposition to Hamilton stayed within the Congress and both didn’t anticipate what they would turn into. As opposition to Hamilton’s plan stiffened and newspapers wailed away opinions of the Treasury secretary and opposition, political parties emerged. Though political parties initially were seen as unpatriotic, the 2-party system created has since been considered an integral part of the democratic process – a “loyal opposition” served the role of a watchdog to make sure the government never wandered too far from the public mandate. The Impact of the French Revolution 198 How did many Americans feel about the nascent stages of the French Revolution? What part of the revolution led some Americans to turn against the French movement? Washington’s first term and Hamilton’s economic policy had created 2 distinct parties: Jeffersonian Democratic-Republicans and Hamiltonian Federalists. Washington’s second term would be forced to focus on foreign policy and wedged a divide between the two parties, making it greater. The French Revolution was not something that’s consequences stayed within France but it reached throughout the world – few non-American events have so changed the US socially or politically. The first stage of the revolution in France happened peacefully as constitutional restraints were successfully placed on Louis XVI. Most Americans saw this as an extension to the happenings in the US and were happy that their experiment was spreading to Europe. 1792 – the revolution entered a more dangerous phase when France declared war on hostile Austria. Later, French citizen armies defeated Austrians and declared its country a republic. Americans cheered the French victories and sang La Marseillaise and other French revolutionary songs in public. Centuries of pent-up frustrations and hatred boiled over in a reaction to and treatment of the French monarchy. 1793 – guillotine was set up and the king was beheaded, the church was attacked, and the Reign of Terror began. Federalists, characterized as aristocrats and the establishment, changed their tune on the support of revolutionaries from lukewarm approval to heated talk of “blood-drinking cannibals.” While Federalists eyed the Jeffersonian masses with suspiciousness and mistrust, Jeffersonians regretted the bloodshed but did not feel a country can go from despot to liberty without some heads rolling. While the initial violence of the French Revolution did not impact US, events would soon put the US into spreading changes of revolution. Washington’s Neutrality Proclamation 199 Why did Washington lay out the Neutrality Proclamation? The 1778 Franco-American alliance was still technically on the books – now, British fleets were threatening the French West Indies as the British were sucked into events in France. Jeffersonians were quick to support honoring the French alliance and support not just high, liberal ideals of revolution but an ally who helped the US win its independence. Washington, levelheaded as usual, was not swayed by the roars of war – he knew his country was militarily weak, economically wobbly and politically disunited. Washington was buying time for the US population to rise high enough, for the country to be powerful enough to meet the challenges on seas. The policy of delay while America’s birth rate climbed was one the founding fathers were familiar with and one that Jefferson and Hamilton could agree upon. 1793 – shortly after Washington’s second term began, he signed the Neutrality Proclamation at the outbreak of the war between Britain and France. The president also warned citizens to be impartial in the face of news of the conflict. It would set a policy and tradition of isolationism that would carry over until the mid-1900s. Some Jeffersonians were outraged at Washington’s unilateral approach of proclaiming such a move without consulting Congress while Hamiltonians breathed sigh of relief. Soon afterwards, the 30-year-old representative of the French Republic, Edmond Genêt, arrived in Charleston, SC to fit privateers for action and take advantage of the Franco-American alliance. With the enthusiastic welcoming of the Jeffersonian Republicans, the envoy felt the Proclamation didn’t truly reflect the attitude of Americans and began recruiting armies for invading Spanish Florida and Louisiana, as well as British Canada (not part of alliance). Soon, even Madison and Jefferson grew weary and irritated with envoy’s conduct. When Genêt threatened to go over Washington’s head to the citizens, Washington had him replaced with a less zealous emissary. The incident showed a true alliance is only cemented with self-interest. In 1778 – both France and US stood to get something out of it. In 1793 – only France stood to gain anything out of fight with the British. The US honor was not violated because France never officially asked the US to honor the alliance. Plus, with the French West Indies in need of American foodstuff, American participation would have led to the British blockading American shipping. Embroilments with Britain 200 Why did Washington refuse to take action against the British after blatant abuse of American sovereignty? The British continued to test American neutrality resolve with a continuous presence of forts in the Great Lakes region – they were reluctant to give up the fur trade. The British were also hoping to create a native state to curtail American ambitions. The British also openly sold firearms and gunpowder to the Miami Confederation – a group of eight native nations who terrorized the frontier Americans. Little Turtle, war chief of the Miamis, declared the Ohio River as the US NW border and their SE border – 1790-1, Little Turtle defeated the armies led by Generals Josiah Harmar and Arthur St. Clair. Turtle handed the US one of its worst defeats in its history of the frontier. 1794 – a new army under Gen. Anthony Wayne routed the Miamis at the Battle of Fallen Timbers. The British refused to shelter natives fleeing from battle and the Miamis offered peace talks with Wayne in the Treaty of Greenville, signed in August 1795. The Treaty of Greenville gave to the US what is today mostly IN and OH in exchange of lump sum and annual monies. The tribe also gave official recognition and were allowed to hunt the territory. The British prepared to attack the French West Indies and expected Americans to defend the alliance. London ignored American neutrality and took some 300 merchant ships and impressed untold American sailors into British service and hundreds others into foul jails. The attacks on Americans led Jeffersonians to cry foul and demand a fight with George III for liberties and rights again – at least, some type of economic embargo should be considered. Hamiltonians refused to entertain such notions – cutting off world’s mightiest economic empire while trying to build its own economy was not smart. Jay’s Treaty and Washington’s Farewell 201 Why was Jay’s Treaty doomed to fail? Why were the southerners particularly hateful towards the man and his treaty? What was Pinckney’s Treaty? 1794 – Washington, in an effort to avert war, sent Chief Justice John Jay to London. Jeffersonians were not excited by the choice – as a noted Federalist and Anglophile, they knew Jay would likely sell out his country. Jay had little leverage to play with – his weak hand was made weaker by the actions of Hamilton. Hamilton, fearful of an imminent war, secretly gave the British the American bargaining strategy. Jay never had a chance – he received promises of the British to vacate the forts but they promised the same in 1783 to Jay in Paris. The British consented to paying damages for recent seizures of American ships but said nothing regarding future activities in the area or about supplying the natives. It bound Jay to force the US to pay debts still owed to British merchants on pre-Revolutionary accounts. Jay’s subverted performance galvanized Jefferson’s Democratic-Republican Party. The Jeffersonian anger was palpable and Jay was seen as surrendering to Britain as well as giving up the South. Southern planters would have to pay the majority of pre-Revolutionary debt while northern skippers and merchants would collect damages from British actions. Jay was hanged, burned and guillotined in effigy as the “damn’d arch-traitor, Sir John Jay.” Washington’s reputation took a blow as part of Jay’s actions in London. Fearing a possible Anglo-American deal quickly, Spain was quick to strike deal with the US. Pinckney’s Treaty of 1795 – Spain basically capitulated everything the US wanted: free navigation of the Mississippi and a large disputed area north of Florida. Tired of the drama of last four years, Washington decided to retire after his second term – leading to a tradition (until 1940 and 22nd Amendment of 1951) of two-term limits for presidents. In his farewell address, he strongly discouraged permanent alliances – he didn’t mind temporary ones to deal with extraordinary circumstances. Washington’s contribution to the role of president and the establishment of executive branch cannot be overstated – though others, at times, did outshine him. He kept the country growing – he kept the US out of danger and dangerous alliances and war. When he left, however, he was the target of partisan abuse in a fine American tradition. And as to you, sir, treacherous in private friendship (for so you have been to me, and that in the day of danger) and a hypocrite in public life, the world will be puzzled to decide, whether you are an apostate or an imposter; whether you have abandoned good principles, or whether you ever had any. Thomas Paine in private letter to George Washington, regarding his apparent anti-French policies in 1796 John Adams Becomes President 202 What were some difficulties that Adams faced upon becoming president? Some Federalists saw Hamilton as a choice to succeed Washington but his economic policies, that fattened some already porky fellows, turned many away. The Federalists went with Washington’s VP, John Adams, who was experienced but ungracious. The Democratic-Republicans saw a chance to put their man, Jefferson, up for president. Presidential Election of 1796 Candidates: F – John Adams (MA) DR – Thomas Jefferson (VA) Issues: Focused heavily on the personalities but Jeffersonians focused on the forcefulness of the government against Whiskey Rebellion and Jay’s treaty with the British. Adams, with large support from the populous New England states, squeezed a narrow margin of victory in the Electoral College – Jefferson, as runner up, was made VP (the 12th Amendment of 1804 allowed for separate election for VP). Personalities: While Washington forced political dialogue to remain above board for the most part, his departure was now a license to go no-holds bar. Fisher Ames (F) called Jeffersonians “fire-eating salamanders, poison-sucking toads.” Jefferson was also referred to as an atheist, anarchist, demagogue, coward, trickster and Francophile. [Jeffersonians are] cut-throats who walk in rags and sleep amidst filth and vermin Federalist newspaper editorial Result: Adams (71, 51.4%) narrowly defeated Jefferson (68, 49.3) Adams had a thankless task – following in the footsteps of Washington. He was hated by Hamilton who had resigned the Treasury in 1795 and now headed a war faction of the Federalist Party – “High Federalists.” [Hamilton is] the most ruthless, impatient, artful, indefatigable and unprincipled intriguer in the United States, if not in the world. John Adams on Alexander Hamilton Hamilton even engineered a plot with cabinet members against Adams. Adams also had a possible war with France that lacked only a spark to kick it off. [The] second office [VP]…is honorable and easy; the first is but splendid misery. Thomas Jefferson John Adams – the man: Physical – Short (5’6”), stocky and portly in his middle age – longest living president but one beset with ailments his entire life. By 1800, hands shook with palsy, most teeth had falling out to pyorrhea and because he refused to wear dentures, talked the rest of his life with a lisp. There are few people in this world with whom I can converse…I can treat all with decency and civility, and converse with them, when it is necessary, on points of business. But I am never happy in their company. John Adams Personality – Adams was as able a statesman as there was with large respect given to him from all sides. He was stubborn, devoted to his principles, learned, upright and had no tact with no appeal to masses and no interest in creating any. “His Rotundity” was often regarded to with “respectful irritation.” It has been suggested by modern historians and psychologists as a manic-depressive – with mood swings brought on by traumatic events or excessive criticisms. As a Puritan, he was horrified at frank sexual discussion – at a dinner party in Bordeaux in 1778, French woman’s musings on Adam and Eve and how they learned to have sex embarrassed him greatly. Faith – Unitarian branch of Congregationalism; did not believe in divinity of Jesus. Recreation – expert at algebra and trigonometry and did it for fun, walked daily – at times 5 miles at one time, loved to fish but his greatest hobby was reading. Death – On 4 July 1826 from heart failure and pneumonia. Mr. A…has always appeared to me to add an ardent love for the public good, and his further knowledge of the world seems to have corrected those jealousies which he is represented to have once been influenced by. Alexander Hamilton [Adams] means well for his country, is always an honest man, often a wise one, but sometimes, and in some things, absolutely out of his senses. Benjamin Franklin Unofficial Fighting with France 203 What was the XYZ Affair and how did it drum up support for war against the French? France was offended by Jay’s treaty, considering it a prelude to an alliance with England and a violation of Franco-American Treaty of 1778. In response, France began the British routine towards American merchant ships. Topping it off, France refused to accept an American envoy, even threatening to arrest him. Adams, probably against his inner nature, clung to Washington’s example of non-involvement. To reach an agreement, he sent three diplomats, headed by John Marshall. 1797 – Congress sent three American diplomats to meet the French foreign minister, Charles Maurice de Talleyrand – simply known as Talleyrand. They were approached by three minions labeled officially as X, Y and Z. To talk to Talleyrand, the officials demanded a huge loan and bribe – terms were, even by the standards of the day, intolerable. While bribes were part of the business of international diplomacy, this was ridiculous. 1798 – John Marshall refused to capitulate and broke off negotiations – he returned home and was hailed as hero for his steadfastness. War hysteria swept the country and it even took in Adams – “Millions for defense, but not one cent for tribute.” The Federalists were delighted with the turn of events while Jeffersonians were ashamed at the behavior of their French friends. War preparations went into full swing – Congress created the Navy Department and resurrected the Marine Corps after its premature death after the Revolutionary War. Bloodshed tainted the seas for over 2 1/2 years in the West Indies. Both sides lost ships (Americans more so than French) in the undeclared hostilities. It would not take too much to push the two countries into full-scale war. Adams Puts Patriotism Above Party 204 What convinced Tallyrand to attempt a makeup with the Americans? What was the Convention of 1800? Talleyrand, the French foreign minister, had his hands full in Europe and while the US was not a huge threat, it would be yet another enemy to deal with. Talleyrand, knowing that the British were supplying the Americans and getting closer with their former colonies, made it known to the US that if it were to send another emissary, he would be treated with proper respect. Adams and his staunch stand against France earned him more personal accolades than he ever received before but he was not so swayed by that as to take an irrational course. He knew war would be disastrous for his weak country. 1799 – Adams submitted to the Senate the name of a new minister to France – creating much an unexpected uproar by Hamilton’s warhawk Federalists. Reasonable Federalists and Jeffersonians saw the wisdom in not picking a fight with France. 1800 – America’s three envoys reached Paris with a totally different scenario – the military dictator Napoleon Bonaparte was now in charge and wanted to be free of squabble with the US. Bonaparte was more interested in reshaping the European map – Old World politics and ambitions were favoring the US. Convention of 1800 – France freed the US of responsibility of an alliance and the US agreed to pay for the damages on American shipping in the Caribbean. Adams should be given great credit for pushing peace when the country railed for war. His conciliatory approach allowed for smooth relations with Napoleon that in turn led to the French dictator selling Louisiana to US three years later. Here lies John Adams, who took upon himself the responsibility of peace with France in the year 1800. John Adams’ own suggestion for his epitaph for his tombstone (not used) The Federalist Witch Hunt 205 What was the purpose of the Alien and Sedition Acts? How did both target the Jeffersonians? The Federalists took an anti-French phase to push through Congress laws that would minimize the Jeffersonians. Immigration was a blessing for the Jeffersonians as a source of voting power and the party was against any limitation on immigration. Federalists, as aristocratic party, had no interests in the dregs of Europe flowing into the US. They raised residence requirements for aliens wanting to be citizens from 5 to 14 years. They undermined traditionally open and welcoming American attitude for immigrants. Other alien laws gave the president power to deport dangerous foreigners in times of peace and to deport or imprison in the time of war – it was against the spirit of the Constitution even though the laws were never enforced. “Lockjaw” Sedition Act – a move that directly attacked the first amendment rights of freedom of press and speech, the law targeted those who impeded government policies or defamed government officials, including the president with heavy fines and prison. Federalists felt justified as verbal attacks and viciousness were unrestrained at that time. Many outspoken Jeffersonian editors were indicted with all of them convicted – many were sentenced by packed Federalist juries and some landed in jail. The Sedition Act seemed in direct contrast to the spirit of the Constitution and the Federalist-laden Supreme Court was of no mind to rule it unconstitutional. The Federalist measures to crush free speech probably did much to win converts to the Jeffersonian side. While in direct contrast, seemingly, of the Constitution, the Federalist measures were done with widespread popular support – the Federalists won large-scale victories in congressional elections. The Virginia (Madison) and Kentucky (Jefferson) Resolutions 207 What was the thesis of the Virginia and Kentucky Resolutions? What was the compact theory? Jefferson was worried that if the Federalists were allowed to continue, many constitutional rights fought for would be wiped out with the press and speech – his party itself could be wiped out by the Federalists and the US turned into 1 party dictatorship. Jefferson penned, secretly, a series of resolutions, approved by the KY legislature in 1798-9. Madison worded some less stringent resolutions through the VA legislature in 1798. The Compact theory – popular among English political philosophers in the 17 and 18th centuries. It applied to the US and the 13 sovereign states, in creating a federal government, had entered into a compact or “contract,” regarding its jurisdiction. The Federal government was then a creation of the states – states were the final judges of whether their “agent” (federal government) had overstepped its original authority. According to the Jefferson’s KY Resolution, the federal government had exceeded its constitutional powers and regarding the Alien and Sedition Acts, “nullification” was the right fix. No states got in line behind KY and VA – the Federalists argued that people, not states, made up the compact. They argued it was up to the Supreme Court to rule on the constitutionality of Congressional laws. The VA and KY resolutions were brilliant compositions of states’ rights arguments – future generations would use it far beyond Jefferson and Madison’s intention or desires. The two men did not want to break up the union – they wanted to preserve the union. They wanted to end the abuses heaped upon the country by the Federalist Party. Federalists Versus Democratic-Republicans 207 What were the major differences between the Democratic-Republicans and the Federalists? Those who own the country ought to govern it. Chief Justice John Jay espousing typical Federalist point of view The two parties could not have been more different as the 1800 election approach. Hamiltonians distrusted full-blown democracy and participation of the untutored common folks. The Federalists wanted a federal government strong enough to crush the democratic excesses and felt government should support private enterprises, not interfere with it – along lines of major support of the New England industrialists and manufacturers where the party’s large support came from. Very few people outside of the eastern seaboard were in favor of the Federalist policies. Federalists were also pro-British in foreign affairs, reminiscent of Loyalist sentiments from preRevolutionary days – the British trade was also key to the US economic fortunes. Leading anti-Federalists (Democratic-Republicans) cause was Thomas Jefferson. His greatest appeal was to the common man – middle class and underprivileged. Jefferson was a contradiction – should have been a Federalist as an aristocratic land holder with slaves who lived in mansion in Monticello, VA. He also had an uncommon sympathy for the disadvantaged and downtrodden. I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man. Thomas Jefferson, 1800 Jeffersonian thinking demanded weak central government – the bulk of the power should go to the states. There, people were closer to the source of power and could keep it in check. Far-away, centralized power was to given to dictatorship and abusive authority. A strict interpretation of the Constitution should be used to keep the government in check. Jefferson saw no need for special classes – he felt agrarians were the most favored part of the economy. It is no surprise that his support came mainly from the South and the Southwest. Regarding voting, Jefferson believed that people should have power but not all people. Universal education should precede universal suffrage – the ignorant was incapable of ruling themselves but he believed in their ability to be taught. Jefferson worried about the rise of landless citizens – it put people in a dependency of the landowning superiors. A system of black slave labor could keep whites in a landowning position. Without it, whites who could not afford to make it on their own would be forced into the same labor position of the slaves. Jefferson was able to justify slavery within democratic principles. However illogical his arguments regarding slavery was, his belief that white, free men could become responsible/knowledgeable citizens was very open-minded. He championed free speech as essential to keeping tyrannical rule in check. He was slandered more than any other president outside of Lincoln by editorials but he preferred newspapers without government than the opposite. Jeffersonians felt better and more consistent with American ideals to support the French libertarianism than the pro-Tory British reaction to it. As the first ten years came to close, the future of the country was much in doubt – so many before and after were never able to turn idealism into sound government – could the US be different?