Jay’s Treaty and Washington’s Farewell
1) At the beginning of his next term. Washington needs to
decide which superpower he will defend.
Democratic Republicans  French
Federalists  British
However, President Washington wants to avoid war at all cost
and declares the Neutrality Proclamation of 1793.
Jay’s Treaty and Washington’s Farewell
3) President Washington
explained, “If we are
permitted to improve
without interruption the
great advantages which
nature and circumstances
have placed within our
reach, many years will not
revolve before we may be
ranked, not only among
the most respectable, but
among the happiest people
on earth."
Jay’s Treaty and Washington’s Farewell
4) The Democratic-Republicans assailed Washington’s
Neutrality Proclamation as cowardly and many were eager
to join the French Revolutionaries in another fight against
the despised British monarchy. Secretary of State Thomas
Jefferson also favored the French, but agreed with the
intent of the President’s far-sighted foreign policy.
Jay’s Treaty and Washington’s Farewell
5) Despite the neutrality, the British continued to
attack American ships. Therefore George
Washington sent Chief Justice John Jay to
negotiate with them.
Jay’s Treaty and Washington’s Farewell
7) Jay’s Treaty
- U.S. wants British out of
western forts and to stop
attacking ships.
- Great Britain say’s OK!
But does not follow
through with promise.
- In addition the U.S. is
forced to pay its old debts
to Great Britain.
Jay’s Treaty
• Results of Jay’s Treaty:
– Dem. Republicans becomes angry that Neutrality
Act now favors Great Britain
– France feels betrayed by former alliances and
starts an “undeclared” war between U.S. and
France
– However this battle does convince Jefferson to
return to politics
Jay’s Treaty and Washington’s Farewell
10) John Jay later claimed that
the entire eastern seaboard
was illuminated each night
by protestors burning him in
effigy. Alexander Hamilton
was even struck in the head
by a rock when he tried to
defend the treaty before a
crowd of protestors. Graffiti
appeared near Jay's house
after the treaty's ratification,
reading, "Damn John Jay.
Damn everyone that won't
damn John Jay. Damn
everyone that won't put up the
lights in the windows and sit up
all nights damning John Jay.
•
The Election of 1796
7) With George Washington retiring
from politics, the Election of 1796
came down to two men, John
Adams and Thomas Jefferson.
Adams won by a majority of 71-68
Electoral votes, with most of his
support coming from the New
England States.
Jefferson enthusiastically accepted
the VP position , stating
graciously, “I was his junior in life,
was his junior in Congress, his junior
in the diplomatic line, his junior lately
in our civil government.”
The Quasi War
1) The French tolerated Washington’s Neutrality
Proclamation, but felt betrayed by Jay’s Treaty. As a
result the United States and France battled one for 2 ½
years until Napoleon Bonaparte assumed power and
resumed diplomatic relations.
Alien and Sedition Acts
1) During the Quasi War Adams and his
administration came under a lot of heat from
the Democratic Republicans. However the
strong Anti-French resentment that had been
growing enabled Adams to pass very
controversial laws.
Alien and Sedition Acts
Jefferson
Adams
VS.
2) The Federalist Congress passed four laws known as
the “Alien and Sedition” Acts.
Alien = Persons who were not born in the United
States
Sedition = Actions or Words meant to undermine
government. (Free
Speech)
Aimed at suppressing Democratic Republican
opposition
Alien and Sedition Acts
3) Alien & Sedition Acts
Passed by Federalist
Congress
Alien Act
Increases residency
requirement from 5 to 14
years
Could be deported or jailed
during war
Sedition Act
Limited free speech –
citizens could be jailed for
saying bad things about
the government or
President
Alien and Sedition Acts
4) The infamous Sedition Act mandated fines and
prison sentences for anyone who published “any
false, scandalous, and malicious writing or writings
against the Government of the United States.”
Many vociferous editors of Jeffersonian
newspapers were indicted for sedition and were
brought to trial simply because they opposed the
Federalists.
THE SEDITION CASES:
A) Benjamin Franklin Bache – Bache (grandson of Ben
Franklin) was the editor of the Philadelphia Aurora
newspaper that was openly critical of George Washington,
John Adams, and the Federalist Party. First Lady Abigail
Adams wrote that Bache was a “lying wretch” that engaged
in “abuse, deception, and falsehood.” Bache was the first
Democratic-Republican journalist arrested under the
Sedition Act. He died of yellow fever in prison while he was
waiting to stand trial.
THE SEDITION CASES:
B) Matthew Lyon
1) Vermont Congressman and
Revolutionary War Veteran Matthew
Lyon spoke out against the Adams
Administration and the Federalists,
accusing them of favoring the wealthy
and acting “in opposition to the interests
and opinions of nine-tenths of the people.”
Federalist Congressman Roger
Griswold called Lyon a coward and he
responded by spitting in Griswold’s
face. Two tense weeks passed and
Griswold attacked Lyon with a hickory
cane on the floor of the House of
Representatives. Despite several
blows to the head, Lyon struggled to
the fireplace and grabbed a pair of fire
tongs to defend himself with before the
fight was broken up.
THE SEDITION CASES:
2) In addition to being a Congressman, Lyon owned a printing
press and operated a Democratic-Republican newspaper in
Vermont. He was arrested and sentenced to four months in
prison for writing an editorial that criticized President Adams.
Lyon actually ran for re-election while in jail and won by a large
margin.
THE SEDITION CASES:
D) Luther Baldwin – As President Adams’
carriage passed through Newark, New
Jersey, the state militia lined the streets
and fired cannon salutes to honor the
Chief Executive. A slightly intoxicated
Luther Baldwin shouted from a nearby
tavern, “There goes the President and they
are firing at his arse….and I do not care if
they fire thro’ his arse!!” The tavern
owner, a loyal Federalist, reported the
drunken utterances and Baldwin was
arrested, fined, and imprisoned for two
months for “defaming the President and
Government of the United States.”
Alien and Sedition Acts
1800
7) Seventeen people were arrested for sedition and
ten were convicted, fined, and imprisoned.
Ironically, these oppressive laws backfired on the
Federalists and led many to support the
Democratic-Republicans, helping Thomas
Jefferson defeat John Adams in the election of
1800.
Adam’s Presidency
Kentucky & Virginia
Resolutions
Responses to Alien &
Sedition Acts
Written by Jefferson &
Madison
Jefferson states Compact
Theory – states joined
national gov’t freely and
could leave freely
concept of Nullification –
states could choose to not
enforce federal law
“To institute new government…”
• 1st Amendment – The rights of religious freedom,
speech, assembly, and petition. “Congress shall
make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the
Government for a redress of grievances.”
Texas vs. Johnson (1984)
• Key Question: Is the desecration of an American flag, by burning or
otherwise, a form of speech that is protected under the First Amendment?
In a 5-to-4 decision, the Court held that Johnson's burning
of a flag was protected expression under the First
Amendment. The Court found that Johnson's actions fell
into the category of expressive conduct and had a
distinctively political nature. The Court also held that state
officials did not have the authority to designate symbols
to be used to communicate only limited sets of messages,
noting that “if there is a bedrock principle underlying the
First Amendment, it is that the Government may not
prohibit the expression of an idea simply because society
finds the idea itself offensive or disagreeable."
Tinker vs. Des Moines
• Key Question: Does a prohibition against the wearing of armbands in
public school, as a form of symbolic protest, violate the students'
freedom of speech protections guaranteed by the First Amendment?
• “The Supreme Court held that the armbands
represented pure speech that is entirely separate from
the actions or conduct of those participating in it. The
Court also held that the students did not lose their
First Amendment rights to freedom of speech when
they stepped onto school property. In order to justify
the suppression of speech, the school officials must
be able to prove that the conduct in question would
“materially and substantially interfere” with the
operation of the school.”
Vocabulary Words
• Compact Theory: The idea that since
states joined the Federal government
under the Constitution freely, they may
also leave the Constitution freely.
• Nullification: Refusal or failure of a U.S.
state to recognize or enforce a federal law
within its boundaries.
5 minute free write
1. In your own words, define what
nullification means.
2. Why does Jefferson see nullification
as a necessary tool that all states
should have?
Essay Response
• Please write a 6-8 sentence well thought out response to the following
prompt. This essay should have an introduction, conclusion and
include specific details and examples from what we have learned in
class. This will be collected.
In agreeing to a federalist system, the states surrendered certain
powers and responsibilities to their national government.
However, there are still certain powers that were reserved for
the states.
Prompt:
First, define what powers the national government has and how
they differ from the states. Second, should state governments
have the ability to judge whether or not federal laws are
constitutional? Explain yes or no. (It is not important what side
you choose but rather how you defend your position)
• Should unpopular or unpatriotic
speech be protected by the First
Amendment?
• (Briefly explain why / why not)