Chapter 11 – Jefferson &
Madison
Despite his intentions, Jefferson became deeply entangled
in the foreign-policy conflicts of the Napoleonic era (1799 –
1815), leading to a highly unpopular and failed embargo
that revived the Federalist party. How did Jefferson’s
beliefs conflict with his actions?
Summary of John Adams
Alien and Sedition Acts
 No war with France (considered greatest
accomplishment)
 Hamilton’s open criticism of Adams
 High debt to pay for war that never
happened
 Father of the American Navy (Adam’s
Jackasses)
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The Election “Revolution” of 1800
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Federalists – John Adams – strong Central government
Republicans – Thomas Jefferson - State’s rights.
 Accused of robbing a widow and children of savings, and having
children out of wedlock with slave Sally Hennings, also accused of
being an atheist.
The results – Adams (and Pinckney) won the New England and the east
coast, Jefferson (and Burr) won the South, West and New York. The 3/5
Compromise helped Jefferson win the election because it increased the
representation in the House.
The “Tie” with Aaron Burr

The TIE with Burr – a
tie in the Electoral
College forced a vote in
the House of
Representatives. The
Federalists controlled
the House and hated
Jefferson, but Burr was
even less popular.
After several votes (and
some coercion)
Jefferson won the
Electoral College vote.
The Revolution of 1800
 A Return to the spirit of
the American Revolution
 Decrease in the size of
the government – balance
budget!
 Restore Civic Virtue
 A Peaceful transfer of
power*, and does not
mean political death for
losing party.
(*significance of election)
The Presidency of Jefferson
 The Presidency of Thomas Jefferson – full of paradox and personal
conflict
 Inauguration Day – March 4, 1801 – “The will of the majority is in all
cases, to prevail. The will to be rightful must be reasonable; the
minority possesses their equal rights.”
 “We are all Republicans, we are all Federalists”
 “honest friendships with all nations, entangling alliances with none.”
 The gov’t, “shall not take from the mouth of labor the bread it has
earned.”
 Kept a number of the Federalists in office to show moderation and
willingness to treat the opposition fairly.
 Those prosecuted under the Alien and Sedition Acts were
pardoned and their fines repaid.
 1802 New Naturalization Law – reduced residency requirements
back down to five years.
 Repealed the Excise (Whiskey) tax - *left the government short $1
million annually.
“The Watchdog of the Treasury”
Secretary of the Treasury Albert
Gallatin – Harvard professor,
*US Representative for
Pennsylvania, member of Finance
Committee.
*“Watchdog of the Treasury” was
able to balance the budget,
saw the debt as a curse, not a
blessing.
Hamilton’s Policies left in place
i.Funding at the par
ii.Assumption of state debt
iii.Bank of the US
iv.Protective tariffs
John Adams and the “Midnight
Judges”
 The Adams Legacy – Federalist Judges
The “Midnight Judges” – Adams appointed 16 judges
during the final days of his Presidency. These
judges would be strong Federalists, and have
lifetime appointments. The Judiciary Act of 1801.
They will have the power to interpret laws for many
years.
 Jefferson complained that this was in “open defiance
of the people’s will” and the incoming Congress
repealed the act and the 16 judges appointments.

Marbury V Madison (1803)
Chief Justice Marshall
Secretary of State, James
Madison
Justice William
Marbury
Marbury v Madison - 1803
 At the end of his term, Federalist President John
Adams appointed William Marbury as justice of the
peace for the District of Columbia. The Secretary of
State, John Marshall (yes - the same person who
later became Chief Justice) failed to deliver the
commission to Marbury and left that task to the new
Secretary of State, James Madison. Upon his
inauguration, Thomas Jefferson told Madison not to
deliver the commissions. Marbury filed suit and
asked the Supreme Court to issue a writ of
mandamus, or a court order which would require
Madison to deliver the commission.
Marbury v Madison - 1803
 In his opinion, Chief Justice Marshall said that while
Marbury was entitled to the commission, the Supreme
Court did not have the power to issue the writ of
mandamus. This was because the Judiciary Act of
1789, the act written by Congress which
authorized the Supreme Court to issue such writs,
was unconstitutional. Thus, the Court gave up the
power to issue writs, but affirmed their power of
judicial review, saying that if a law written by the
legislature conflicts with the Constitution, the law is
"null and void."
 *Significance – set the precedent for “judicial review”
– Supreme Court has final authority over
interpretation of all laws. Made Jefferson angry – he
thought it was a state’s rights issue.
Jefferson – Reluctant Warrior
Reduce the size to 2,500
men and 200 boats
(thought a standing army
represented a dictatorship
– navies were less of a
threat)
 Use diplomacy, not war
“Peaceful coercion”
Forced into war?
 US ships were being
attacked by pirates of the
Barbary States (Morocco,
Algeria, Tunisia and
Tripolitania) in the
Mediterranean Sea. We had
been buying “protection”.
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The Philadelphia
1804, the pirates had captured the
U.S. ship, the Philadelphia and
were going to use it against us.
Instead, Stephen Decatur burned
the ship to the waterline.
Secret Treaty between Spain and
France
 Treaty of San Ildefonso
 October 1, 1800
 By the Treaty of San Ildefonso and the Treaty of
Madrid, 21 March 1801, Spain returned to
France the territory of Louisiana which France
had ceded to Spain in 1763. (Secret treaty)
The Louisiana Purchase – April 30,
1803
•1802 Spain took away
our rights of deposit in
New Orleans.
•Jefferson feared having
to fight a strong France,
they might need to seek
alliances.
•1803 Jefferson sends
Monroe and Livingston
to France to negotiate
the purchase of
Louisiana plus as much
to the east as they can
for $10 million max. If
no agreement can be
reached, go to Britain
and seek an alliance.
•April 30, 1803 France
decides to sell America
all of Louisiana plus land
to the west for $15
million. 828,000 square
miles at 3 cents an acre.
The Louisiana Purchase – April 30,
1803
A.Reasons:
a.Failed to reconquer
Haiti – New Orleans
had been the supply
line for Haiti
i.Toussaint
L’Overture –
“The Opener”
lead a slave
revolt in 1791.
Yellow fever
depleted the
French military
so Bonaparte
gave up.
b.To end the fighting
with Britain he might
need to give it up, so
he would rather sell it
to the US then give it
to Britain.
Jefferson’s Dilemma
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Knew he did not have the authority to make
such a purchase.
What a blessing – to be a “Valley of
Democracy” – a western agrarian society.
Lewis and Clark - 1804
 The Expedition of Lewis and Clark
– 1804 – 2 ½ year journey to
Pacific Coast – 8,000 miles
 Meriweather Lewis – personal
secretary to Jefferson
 William Clark – army officer,
plus 45 men
 Corps of Discovery – Started
at Missouri River (1804-05), to
North Dakota, through the
Rocky Mountains to Columbia
River and to Pacific Coast.
The Trail of Lewis and Clark
 8,000 mile journey guided by Sacagawea
Napoleon Bonaparte – 1799-1815
 America – Stuck between a rock and a
hard place
 1803 – Napoleon re-starts war with
Britain
 1806 – Britain issues “Orders in
Council” – Close Europe ports to
ships unless the ships stopped in
Britain. 1808-1811 arrested 6000
citizens.
 Napoleon’s Response – ordered
the seizure of any merchant ship
that entered British ports.
 The outcome – America couldn’t
trade with Britain or France.
The Chesapeake Incident
The Chesapeake Incident - H.M.S. Leopard stops the U.S.
Chesapeake, demands to search for four British deserters,
Chesapeake refuses; British open fire. 3 U.S. sailors killed,
18 wounded. 3 U.S. citizens were impressed into British
navy. A fourth was hung as a British deserter. Results:
President Jefferson calls for embargo against Britain. U.S.
angry with U.K.
 (The Leopard fooled the Chesapeake into stopping by claiming
they had mail they wanted delivered to Europe. The Chesapeake
had left in such a hurry they had buried their gunpowder and
lighting fuses under other supplies. When the fighting started,
they only managed to return one shot, when a sailor lit the
powder by picking up a live coal from the cooking fire with his
bare hands.)
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Embargo Act of 1807
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Effects:
economic depression, supplies
piled up, unemployment up,
illegal smuggling along
Canadian border, Federalist
Party Revival
The Embargo Act of 1807 - Law
passed by Congress and signed by
President Thomas Jefferson in 1807.
This law stopped all trade between
America and any other country.
The goal was to get Britain and
France, who were fighting each other
at the time, to stop restricting American
trade.
The Act backfired, and the American
people suffered. The Act was ended in
1809.
1808 Election
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James Madison (Demo-Republican)
Charles Pinckney (Federalist)
George Clinton (Demo-Republican)
End to the Embargo. Non-Intercourse Act –
March 1, 1809. Re-opened trade with
everyone except Britain and France (18091812)
 Reasons for failure:
 Good crops in Britain – didn’t
need US
 New trade with Latin America
 Bonaparte stole what he wanted
from US ships
 underestimated Britain’s
stubbornness
 overestimated reliance on US
goods
Non-Intercourse Act
 In the last days of President Thomas Jefferson's
presidency, the United States Congress replaced the
Embargo Act of 1807 with the almost unenforceable
Non-Intercourse Act of March 1809. This Act lifted
all embargoes on American shipping except for
those bound for British or French ports. The intent
was to damage the economies of the United Kingdom
and France. Like its predecessor, the Embargo Act, it
was mostly ineffective, and contributed to the coming
of the War of 1812. In addition, it seriously damaged
the economy of the United States due to a lack of
markets for its goods.
James Madison’s dilemma

James Madison’s dilemma – Embargo due to expire in 1810,
what to do? March 4, 1809
 Macon’s Bill No 2 – If either nation would repeal their
restrictions (Orders in Council) the US would open trade.
 Napoleon’s response – If Britain would lift their trade
restrictions, France would end theirs (it was a lie). Trying
to get the US to trade with France.
 Madison’s action – accepted the offer and gave Britain
three months to act. Britain refused to let the US trade
with anyone except them. Embargo is back!
Tecumseh and The Prophet
 Tecumseh and the Prophet – Shawnee brothers who wanted to end White
domination, being backed by Britain.
 War Hawks – members of new 12th congress from S and W who hated
Britain and Indians and felt threatened in the West. Goal – “White Flood”
out west
 Fall 1811 Indiana territory Governor William Henry Harrison (President
1841- for 32 days) pushed into IN near Wabash and Tippecanoe Rivers.
 Peace since Treaty of Greenville (1795)
 1808 Shawnee tribes launched reform movement – end sale of land, end of alcohol
consumption.
 Started a town “Prophet Town”
 William Henry Harrison decided to strike, 1811 Shawnee were defeated
Tecumseh and The Prophet
 The safety of the white settlements in the Indiana Territory became markedly
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improved.
The Prophet was discredited as a leader.
The confederation of the eastern tribes disintegrated.
The bitterly disappointed Tecumseh, who did not return to Indiana for another three
months, remained an implacable foe of the American settlers. He would later become
allied with the British and participate in the War of 1812.
William Henry Harrison emerged with a reputation as the hero of Tippecanoe, an
image that he would use to his political advantage in later years.
Mr. Madison’s War – June 1, 1812
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1806 - Napoleon excludes British goods from "fortress Europe"
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1803-1812 British impress American sailors
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Result: Jefferson's attempt at "peaceful coercion" resulted in economic disaster for merchants.
1810 War Hawks elected to Congress
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Result: Chesapeake fired on by Leopard after refusing to be boarded. 3 Americans killed, 18
wounded.
December 1807 Embargo Act
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Result: British captains took over 10,000 American citizens to man ships.
June 1807 -Chesapeake -Leopard fight, 3 miles off Norfolk, Virginia
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Result: American ships caught in middle as British respond with blockade. British seize 1000 U.S.
ships, French ca. 500.
Result: Calhoun, Clay, others bothered by insults to U.S. and Indian presence
1811 - Battle of Tippecanoe, Ohio River Valley, Tecumseh's brother (the Prophet) led attack on
Harrison's army of 1000.