 1796 election
 XYZ Affair
 Federalist Party splits
 Alien and Sedition Acts
 Virginia and Kentucky Resolutions
1
Election of 1796
The 1st election with active political parties.  
Federalist candidate = John Adams
Adams won the most votes in the Electoral College & became
president. 
Federalist Vice-Presidential running mate = Thomas Pinckney
He won the 3rd highest amount of E.C. votes, so he did not become VP.
Democratic-Republican candidate =Thomas Jefferson
Jeff. won the 2nd highest # of E.C. votes, so he becomes the VicePresident.
D-R Vice-Pres. running mate = Aaron Burr
Burr won the 4th highest # of E.C. votes, so he loses. 
The 1796 election is the only one in history where the
president and vice president are from different parties.
2
Nominee:
John Adams
Thomas Jefferson
Federalist
D-R
Massachusetts
Virginia
Running mate:
Thomas Pinckney
Aaron Burr
Electoral vote:
71
68
States carried:
9
7
Popular vote:
35,726
31,115
Percentage:
53.4%
46.6%
Party:
Home state:
B/c electors couldn't distinguish
between their Pres. & Vice-Pres.
choices until the passage of the 12th
Amendment, we had a Fed. Pres. & a
D-R Vice-Pres.
What are the big issues discussed
in the election of 1796?
• Whether the U.S. should support the French in the
French Revolution?
– Federalists = No; D-Rs = YES
– Debate = Federalists say D-Rs are violent
revolutionaries like the French common people and
the D-Rs accuse the Federalists of favoring
monarchism and aristocracy.
• Whether the U.S. should have ratified Jay’s Treaty?
– Federalists = Yes; D-Rs = No
• Who should the U.S. favor Britain or France?
– Federalists = Britain (b/c of trade)
– D-Rs = France (based on principles)
Major Figures in Adams Administration:
• VP = Thomas Jefferson = D-R
– NOT a major figure in his administration.
Adams asked him to be but he declined. 
• High Federalist leader = Alexander Hamilton
• Sec. of State: Thomas Pickering & John
Marshall
• Sec. of the Navy: Ben Stoddert
• Important Supreme Court appointments:
– John Marshall (Federalist) = Chief Justice
John Marshall
What Party controlled Congress?
• What party had control of the House of Reps. (HR) from 17891801?
– Federalist Party = 60 (majority)
– D-Rs = 46
– TOTAL members =106
• What party had control of the Senate from 1789-1801?
– Federalist Party = 22 (majority)
– D-Rs = 10
– TOTAL members = 32
• What party won control of the HR & Senate in the 1800 election &
when exactly did they take power?
– Democratic-Republican Party & took power March 4, 1801
– Senate:
•
•
•
•
D-Rs = 17 (majority)
Federalist = 15
vacant: 2
TOTAL members: 34
– House of Representatives:
•
•
•
•
D-Rs = 68 (majority)
Federalist = 38
vacant: 1
TOTAL members: 107
Foreign Affairs
Why was France angry about Jay’s Treaty? How did they react?
 France was angry over Jay’s Treaty b-w Britain
& the U.S. b/c they thought the U.S. had made an
Anglo-American Alliance!
 Why? Britain now U.S.’s most favored trade
partner & the Caribbean trade agreement.
France, at war with several European nations,
began treating the U.S. as an enemy.
 How? French warships began capturing
American merchant ships in the West Indies
= impressment.
Pres. Adams sent diplomats to Paris to try and
resolve the conflict & explain U.S. still neutral.
Three American envoys, Charles
Cotesworth Pinckney, John Marshall, and
Elbridge Gerry were sent to Paris to
resolve the problems the U.S. was having
8
with France
XYZ AFFAIR
By 1797, France had seized/impressed 300 American
ships and ended diplomatic relations with the U.S. 
Talleyrand
Pres. Adams hoped to resume normal trade relations &
sent 3 American diplomats to Paris to meet with Charles Maurice
de Talleyrand, the French Minister of Foreign Affairs.
After arriving in France the U.S. diplomats were initially
ignored, then they were told by 3 French agents known as “X, Y,
and Z” they had to pay a personal bribe of $250,000 (3.5
million in 2005 dollars) to Talleyrand and loan $12 million
($178 million in 2005 dollars) to France before official
negotiations could begin. They also demanded a formal
apology for remarks made by President Adams about
Talleyrand.
The American diplomats felt those terms were insulting to
the U.S. and left France. 
9
XYZ Affair
• Insulted the US delegation returned to the US.
• Adams tried to keep the insult quiet b/c he knew Americans
would demand war.
• Adams released it to the public though, when Jeff. & the D-Rs
blasted HIM for trying to start a war w/ France. However, the
names of the 3 French diplomats were not released; Adams
used the pseudonym XYZ to describe them.
• Public opinion of XYZ then hurt the D-Rs****
1799 cartoon shows the 5 leaders of the French government as a hydra
demanding “Money, Money, Money.” The 3 American diplomats tell him
“…we will not give you six pence (pennies).”
Guillotine
11
British cartoon shows America being robbed by French leaders demanding
bribes to open negotiations. In the background “John Bull,” symbol for
Great Britain, watches from a hill.
America
12
Bribe money, “diplomatic perquisites”
An unofficial, undeclared naval “Quasi-War” broke
out between the U.S. and France, 1798-1800
When news of the XYZ demands were made public, there was an
immediate cry for war against France.
“Millions for defense, but not one cent for tribute (money
demanded by France)” was the slogan heard all over the country.
Despite calls for war, Pres. Adams took a sensible approach and an
official, declared war was avoided.
Congress authorized money for new warship construction. These
new ships would join the three existing frigates.
In addition, merchant ships were permitted to carry cannon, and
soon there was a fleet of 400 armed merchantmen who were
privateers.
The U.S. Navy was instructed to begin attacking and capturing
French ships and the Quasi-War began.
13
Why did Congress create the Department of the
U.S. Navy in 1798?
• Congress created it in preparation for a full
fledged war w/ France.
• Adams is called the “Father of the Navy”
USS United States
USS Constitution
West Indies: location where
the naval war took place
U.S. Frigates
USS Constellation
15
Battles b-w French & American ships in the West Indies. The U.S.
captured 85 French ships compared to 1 U.S. ship lost during the
2½ years of the Quasi-War with France. 
16
Why did Congress build a standing army to fight
the Quasi War in 1798?
• Hamilton wanted a army b/c he wanted power over the
D-Rs & to control it.
• Provisional Army (New Army) created by Congress
– Adams was given authority by Congress power to enlist 10,000
men for service.
– Authorized Adams to instruct commanders of ships-of-war to
seize armed French vessels attacking US merchants along the
coast.
• Adams appointed Washington commanding general of
the US military.
– Wash. accepts on the condition that Ham. is appointed 2nd in
command. 
How did this standing army almost cause a civil
war with VA in 1799?
• VA will refuse to obey a federal law
(Sedition Act)
• Washington dies & Hamilton gains control
of the standing army. 
• Hamilton prepared to lead the army down
to VA to enforce the Sedition Act with
military force.
How does Adams avoid a civil war between
1799-1800?
• The only thing stopping Hamilton from deploying the
federal army into VA is Pres. Adams.
• Adams outsmarts Hamilton by ending the Quasi War
against the Federalist Party’s wishes.
– Adams sent an envoy to France & got a peace treaty (respect for
neutrality) passed!
– Treaty = Treaty of Mortfontaine or Convention of 1800
• With the war over, Adams gets rid of the standing army
(as Commander in Chief) before Hamilton can deploy it to
VA.
• No federal army = no civil war. 
• Bad part is Adams is hated by the Federalist Party.
– Adams is now a man with no party support.  He will lose reelection. He sacrificed his political career to do what was best for
our country. Isn’t that the definition of a true American hero? 
Peace between the U.S. and France
•The Quasi-War ended in 1800 when Napoleon
became leader of France & made a peace
treaty with the U.S. envoy sent by Adams.
•The U.S. and France signed an agreement
known as the Treaty of Mortfontaine or the
Convention of 1800.
•What did the treaty do?
• Cancelled all previous treaties between
France & the U.S. (Franco-Am. Alliance)
and
• Established the right of neutral ships to
trade without harassment or seizure.
• Promoted U.S. isolationism
20
Domestic Issues
Fries rebellion
During the Quasi war in 1799, tax protesters led by John Fries in
southeastern Pennsylvania rebelled against a war tax passed by Congress
to raise money to fight France. The tax protesters attacked assessors and
U.S. marshals. The militia crushed the rebellion. John Fries was sentenced
to death but later pardoned by President Adams in 1800.
22
Alien and Sedition Acts (1798)
The Federalist Party, which controlled Congress, was nervous at
the growing power of the D-Rs due to their appeal to the
common people. The upper class members of the Federalist
Party (High Federalists) pushed through 4 laws in 1798 to
preserve their power and weaken the D-Rs:
1. Alien Enemies Act
2. Alien Friends Act
3. Naturalization Act
4. Sedition Act
24
Alien Acts
• 1. The Alien Enemies Act
authorized the president
to imprison (or deport)
any alien from an enemy
nation.
• 2. The Alien Friends Act
authorized the president
to deport any alien
considered dangerous, in
both war and peacetime.
– French people
deported!
Naturalization Act
• 3. The Naturalization Act extended the duration of residence
required for aliens to become citizens, nearly tripling it from five
years to 14.
– Must live 14 years in US & declare intent to be US citizen 5 years ahead of
time.
– Most recent immigrants were D-Rs. 
Sedition Act
• 4. The Sedition Act makes all US citizens subject to fines (up to
$5,000) or prison if found to be “obstructing the implementation
of federal law, or for publishing malicious or false writings
against Congress, the pres., or the gov’t.”
– Passed by Federalists b/c of D-R’s criticism**
– Adams never enthusiastically enforced the Alien Acts BUT he & his party
used the Sedition Act to send reporters, newspaper publishers & even a
congressman to jail.
– This Act virtually nullified the 1st Amend. 
– When Jefferson’s president, the D-Rs will repeal the Naturalization Act,
and the other acts expire at the beginning of his presidency. 
– Sedition Act KILLS the Federalist Party.
• How? “reign of witches” makes D-Rs arrested into martyrs.
• Became a joke = D-R arrested for saying Adams had a big butt. Found NOT
GUILTY b/c it was true. 
• D-R’s stood back & let the Feds KILL themselves.
•1798 portrayal of a fight on the floor of Congress during the debates on the
Alien and Sedition Acts b-w Rep. Matthew Lyon of Vermont and Rep. Roger
Griswold of Connecticut.
•The fight started over an insulting reference to Lyon on Griswold's part.
• Griswold, armed with a cane, kicked Lyon, who grabbed the former's arm
and raised a pair of fireplace tongs to strike him.
•Below are the verses: "He in a trice struck Lyon thrice / Upon his head,
enrag'd sir, / Who seiz'd the tongs to ease his wrongs, / And Griswold thus
engag'd, sir."
“Congressional Pugilists”
29
Virginia & Kentucky resolutions: Big Picture
D-Rs considered the Alien & Sedition
Acts a violation of the Constitution (1st
Amend).
Their anger increased when several D-R
newspaper editors were jailed for criticizing
the president.
Jefferson & Madison led the opposition.
They encouraged KY & VA to pass legislation
to nullify the acts.
Nullification advocates believed that
states had the right to cancel a fed’l law in
their states if they disagreed with it.
Whether states had the right to nullify
federal law would become a major issue
later in U.S. history, especially in the
secession of the Southern states that led to
the Civil War.
30
Jefferson
Madison
31
Kentucky Resolution
• Jefferson wrote it in response to the Sedition Act.
– He argued it violated the 10th Amendment!
• State’s rights argument: Sedition Act is unconstitutional b/c it
violates the natural rights of the citizens of each state to
control their own domestic affairs. (violates 10th Amend.)
– He argued KY could nullify the Sedition Act!
• Nullification doctrine = fed’l law can be nullified by states.
– He argued states could secede if the fed’l gov’t forced a state
to obey a nullified act.
• States’ right to secede = if the fed’l courts refuse to uphold
the states’ decisions (nullification) & encroach upon their rights
then the states can leave the union to protect their rights.
– KY passed the resolution after deleting the secession section.
• It was too radical. Madison collaborates w/ Jeff. & convinces
him to chill on the succession idea.
– In 1832, Sen. John C. Calhoun will use this theory in S. Carolina.
Virginia Resolution
• Madison wrote it in response to the Sedition Act.
– He said the Sedition Act was unconstitutional
b/c it violated the 1st Amend. freedoms of
speech & press.
– He argued the fed’l courts should review the
Sedition Act and declare it unconstitutional.
• Judicial Review = Fed’l Courts review laws
& declare them constitutional or
unconstitutional.
– He also argued a state did not have to obey an
unconstitutional act.
Compact Theory of Government
Compact theory deals with the dev. of the Constitution.
• It claims that the fed’l gov’t was made through a
compact (agreement) by all of the states
individually and that the fed’l government is
consequently a creation of the states.
• So, states should be the final judges of whether the
fed’l government had overstepped the boundaries
of the "compact".
• Using this theory, Jefferson claimed that the Alien
and Sedition Acts were examples of the
government overstepping its authority, and
advocated nullification of the laws by the states.
How does the KY & VA Resolutions almost cause a civil war?
• VA & KY have blatantly refused to obey a fed’l
law.
• VA, fearing a federal attack, mobilized its
state militia after publishing the resolution for
a possible showdown w/ Adams.
• Federalist Hamilton, was now in charge of the
federal military (standing army) & was ready
to send in troops.
Hamilton
How does Adams avoid a civil war in 1799?
• Adams does NOT want a civil war &
looks for a political solution.
• He will decide to make peace w/ France
himself against the High “Hamiltonian”
Federalists wishes.
• Ignoring Congress & his cabinet Adams
sends one last envoy to France to
negotiate peace. 
– By doing this he separated himself from
the Hamiltonian Federalists 
How does Adams avoid a civil war in 1799?
Why did Adams send the envoy after the XYZ Affair?
• 1. Adams hated & distrusted Hamilton.
• Ham. manipulated Adams’s cabinet against him. 
• Ham. convinced the Congress to create a dangerous/expensive
Provisional Army against Adams’s wishes. Adams loved the Navy.
• If no war w/ France, then Ham.’s Provisional Army was no longer
needed & Ham. would lose power & never be a military dictator. 
• 2. Adams gets inside info. from John Quincy!
– JQAd reports from Prussia that Tallyrand will receive U.S. with
respect now & eager for peace. 
• 3. Adams wanted to do what was best for his country!
– When Adams sends the envoy he is personally declaring his
independence from the Federalist Party.
– It’s the virtuous/right thing to do; it’s what’s best for the country.
• Adams will change parties in 1812 b/c of his hatred for Ham. &
betrayal of the Federalists. He will become a D-R, and his son will
win the presidency as a D-R. (1812 Adams will renew
correspondence/friendship w/ Jeff. as well) 
Peace between the U.S. and France
•The Quasi-War ended in 1800 when Napoleon
became leader of France & made a peace
treaty with the U.S. envoy sent by Adams.
•The U.S. and France signed an agreement
known as the Treaty of Mortfontaine or the
Convention of 1800.
•What did the treaty do?
• Cancelled all previous treaties between
France & the U.S. (Franco-Am. Alliance)
and
• Established the right of neutral ships to
trade without harassment or seizure.
• Promoted U.S. isolationism
38
Election of 1800 “The Revolution of 1800”
Federalist candidates = John Adams for president
and Charles Pinckney for vice president.
• The party was divided, which led to their defeat
and eventual dissolution several years later.
D-R candidates = Thomas Jefferson for president
and Aaron Burr for vice-president.
Main issues of the campaign were the taxes
passed by the Federalists to support the war and the
unpopular Alien and Sedition Acts.
39
Election of 1800
• Federalists are divided: Hamiltonians vs. Adamites.
• Hamilton is actively working against Adams, which helps D-Rs.
• Adams lost support of Federalist Party & D-Rs hate him b/c of the Alien &
Sedition Acts. Many Federalists are voting D-R. So, Adams will lose. 
• D-Rs want Pres. 2B Jefferson & VP 2B Aaron Burr.
• Electoral College members get 2 votes but the votes don’t distinguish b-w
Pres. & VP candidates.
• Jefferson & Burr tie for President of US. (Both are D-Rs)
• Constitution says the HR breaks the tie. The House is still the lame duck
Congress & dominated by Federalists.  The House ties.  They
vote over and over again & still tied.
• Hamilton finally puts his support behind Jefferson; the lesser of two
evils, and on the 36th ballot, the House chooses Jefferson as Pres.
& Burr as VP. (Feb. 1801)
• Burr HATES Hamilton!!!!!!!!!!!!!!!!!!!! 
• 12th Amend. will fix these problems in 1804. 
• “Revolution of 1800” = peaceful transition of power from one
political party to another in the Legislative & Executive Branches of
the fed’l gov’t. 
1800 election results
41
Jefferson was elected by a larger margin in 1804
42
Federalists try to keep control of the Judiciary Branch
• Jan. 1801 = Adams appoints John Marshall (Federalist)
to be Chief justice of the Supreme Court!!!!
• Feb. 1801 = Federalist lame duck Congress passes the
Judiciary Act of 1801.
• Purpose = to ensure Federalists retain control of
judiciary branch, since they just lost the executive &
legislative.
– Reduced the # of Supreme Ct. justices to 5 &
Created 16 new circuit courts.
– Adams uses the law to make more than 200
Federalist midnight appointments of federal
judges & other officials. He makes his last
appointment at 9 p.m. on March 2nd—the night
before Jefferson’s inauguration.
“Midnight Judges” and judicial review
Just before leaving office, the Federalists passed the
Judiciary Act of 1801, which expanded the total number of
judges, and appointed Federalists. These new Federalist
judges could overrule the incoming Democratic-Republicans.
They were called “midnight judges” because President
Adams signed appointments late into his last night in office.
Pres. Jefferson will refuse to appoint a few of the
unsigned commissions, including that of William Marbury.
Marbury wanted the Supreme Court to force Secretary of
State James Madison to deliver the commission in the 1803
case, Marbury vs. Madison.
In this important decision Supreme Court Chief Justice
John Marshall established the principle of judicial review.
This gave the court the power to decide if laws passed by
Congress were constitutional and if not, to void them.
Marbury v. Madison laid the groundwork for the Supreme
Court to keep the other branches of government in check.
44
Summary of John Adams’
presidential years, 1797-1801
XYZ Affair
Quasi-War with France
Fries Rebellion
Alien and Sedition Acts
Logan Act (forbids citizens
from negotiating with foreign
nations)
Virginia and Kentucky
resolutions
Divisive politics between the
new parties
45
Many Federalists
feared that Jefferson
was a dangerous
democratic radical
who would undo the
work of Washington
and Adams.
In his inaugural
address Jefferson said
that all Americans had
equal rights and he
would work to unite
the country.
1801 Federalist political cartoon
showing Jefferson and the devil
pulling down the good work of
presidents Washington and Adams
“We are all
Republicans, we are
all Federalists.”
46
Jefferson kneels before
the altar of Gallic
(French) despotism as
God and an American
eagle attempt to
prevent him from
destroying the U.S.
Constitution by
throwing it into a fire
fed by the flames of
radical writings and
Satan. Jefferson's
alleged attack on
George Washington and
John Adams in the form
of a letter to Philip
Mazzei falls from
Jefferson's right hand.
47
Jefferson’s philosophy of government
“The less government, the better”
Jefferson believed that the Federalists were only
concerned with the wealthy; he vowed to help all people
no matter how much money or power they had.
Jefferson instructed his appointees to regard
themselves as trustees for the people.
He encouraged agriculture and westward expansion.
Viewed America as a haven for the oppressed, so he
urged a naturalization law that would make it easier for
immigrants to become American citizens.
He believed people could be perfected and each
generation should remake its laws to strengthen
democracy.
Jefferson believed in the laissez-faire (let alone)
approach to government, meaning it should play a small
48
role in the economy and the lives of its citizens.
William Marbury
First Supreme
Court
Building,
Philadelphia
Chief Justice John Marshall
James Madison
49