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1796 election

XYZ Affair

Federalist Party splits

Alien and Sedition Acts

Virginia and Kentucky Resolutions

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The 1st election with active political parties.

Federalist candidate = John Adams

Adams won the most votes in the Electoral College & becomes 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 Vice-President.

D-R Vice-Pres. running mate = Aaron Burr

Burr won the 4th highest # of E.C. votes, so he loses.

The 1796 & 1800 elections are the only two in history where the president and vice president are from different parties.

Election of 1796

Nominee: John Adams Thomas Jefferson

Party: Federalist D-R

Home state:

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%

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.

Election

of 1796

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

1789-1801?– 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

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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 with France

Why was France angry about Jay’s Treaty? How did they react?

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By 1797, France had seized/impressed 300 American ships and ended diplomatic relations with the U.S.

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.

XYZ AFFAIR

Talleyrand

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****

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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

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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.

AmericaBribe money, “diplomatic perquisites”

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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.

An unofficial, undeclared naval “Quasi-War” broke out between the U.S. and France, 1798-1800

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”

15USS Constellation

USS United States

USS Constitution

U.S. Frigates

West Indies: location where the naval war

took place

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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.

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 re-election. He sacrificed his political career to do what was best for our country. Isn’t that the definition of a true American hero?

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•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

Peace between the U.S. and France

Domestic Issues

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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.

Fries rebellion

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1.Alien Enemies Act

2.Alien Friends Act

3.Naturalization Act

4.Sedition Act

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. 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!

Alien Acts

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.

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•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”

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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.

Virginia & Kentucky resolutions: Big Picture

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Jefferson

Madison

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 GovernmentCompact 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

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)

How does Adams avoid a civil war in 1799?

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•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

Peace between the U.S. and France

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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.

Election of 1800 “The Revolution of 1800”

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.

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1800 election results

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Jefferson was elected by a larger margin in 1804

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.

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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.

“Midnight Judges” and judicial review

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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

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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.

“We are all Republicans, we are

all Federalists.”

1801 Federalist political cartoon showing Jefferson and the devil pulling down the good work of

presidents Washington and Adams

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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.

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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 role in the economy and the lives of its citizens.

“The less government, the better”

Jefferson’s philosophy of government

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William Marbury

Chief Justice John Marshall

First Supreme Court

Building, Philadelphia

James Madison