Topic 8

The Age of Jefferson: Jefferson and Madison

A. The Mysterious, Complicated Mr. Jefferson

1. The public Jefferson – something of an actor

2. The private Jefferson – no slouch by any means and interested in just about everything: writer, lawyer, philosopher, farmer, naturalist, architect, musician, mathematician, scientist, geographer, surveyor, botanist, and inventor. Though not a churchgoer, described himself as a “real Christian” who followed the ethical teachings of Jesus.

3. The inner Jefferson – not necessarily a happy person despite his accomplishments. Four of his six children died in childhood, and his wife died at the age of 33. Another daughter died after reaching adulthood.

4. The secret Jefferson – Sally Hemings

B. Unexpected moderation: why?

1. Federalists expected the worst from Jefferson – Adams high tailed it out of town at four in the morning! Did not pay Jefferson the courtesy of staying for the inauguration.

2. Jefferson, in fact, referred to his election as the “revolution of 1800,” but in a way there was little that was revolutionary about it.

– Most “revolutionary” thing was that power changed hands (from Federalists to Republicans) peacefully with no violence.

– But beyond that, once in office, Jefferson made few drastic changes.

3. The reason: he was sobered by the responsibilities of running the government. It is one thing to talk and criticize; it is another to govern responsibly. Once in office, politicians often find their options are limited; to govern the way the people have come to expect, they often have to continue the programs they used to attack in the past.

4. As a consequence:

– Left the Bank of the U.S. alone in an effort to pay off the national debt of $112 million – Reluctantly he decided that the Bank would help the government collect taxes and pay off the debt.

– Did not fire Federalist officeholders – He appointed his own cabinet officers, but other officeholders were mostly left alone.

– Let the Alien and Sedition Acts expire and did not use them against his Federalist opponents

– Reduced the Army to 3,000 men and the Navy to 6 warships, but even here his record was mixed because he …

– Supported the establishment of our first military academy, the U.S. Military Academy at West Point, 1802 (www.usma.edu). So, even in the area of military spending, his record was mixed, cutting in some places, adding in others.

C. Jefferson and the Federal Courts

1. Had always feared the federal court system: Federalist federal judges might issue decisions that greatly expanded the powers of the federal government.

2. Fear turned to anger after the passage of the Judiciary Act of 1801 – Created 16 new federal judgeships and gave the president a “blank check” to appoint as many justices of the peace for the District of Columbia as he wanted.

3. Adams and the “midnight appointees” – Appointed 16 new federal judges and 42 justices of the peace for the District of Columbia.

4. Jefferson’s response

– March 1802 – Congress abolished the 16 new federal judgeships.

– April 1802 – law passed limiting the Supreme Court to one session per year.

– But the fight was not over. The Federalists got in a blow or two against Jefferson in a very important court case ….

5. Marbury vs. Madison and the Doctrine of Judicial Review

– William Marbury one of the midnight appointees but did not get his commission before Adams left office.

– Marbury asked the Supreme Court to help him under Sec. 13 of the Judiciary Act of 1789

– Chief Justice John Marshall issued the Court’s decision in the case in February 1803

The Doctrine of Judicial Review says that the Supreme Court can review the laws of Congress and can declare unconstitutional those laws that violate the Constitution.

D. Foreign Affairs during Jefferson’s First Term

1. France’s reacquisition of Louisiana forced Jefferson to deal with the Louisiana question.

2. The background: Spain acquired Louisiana at end of French and Indian War but the Spanish decided eventually that the cost was not worth it.

3. Jefferson’s response: try to buy New Orleans

4. April 1803 – Louisiana Purchase Treaty – all of Louisiana for about $15 million (3¢ acre).

5. A constitutional dilemma for Jefferson, the strict constructionist

6. The Federalists opposed (using a strict construction argument) but the treaty was ratified. Oct. 1803

7. Consequences of the Louisiana Purchase

– Doubled the territory of the U.S.

– Helped Jefferson win reelection for a second term

– Brought on the first attempt to break up the union through secession (and also the Burr-Hamilton duel)

E. The Second Term: War in Europe

1. An economic blessing – for a while

2. The situation changes: the tiger vs the shark

3. England, France and American neutral rights

– England: established a number of trade restrictions known as the Orders in Council: said American ships could not enter any ports under French control. Would be seized if they tried to do so.

– Napoleon’s Orders – France would seize any ship that entered a British port or that submitted to a search by the British Navy.

– Both now violated our neutral rights, but the more serious offenses always committed by the British.

4. Jefferson’s response: The Embargo Act – The U.S. cut itself off economically from the rest of the world.

5. Jefferson’s greatest failure

6. The election of 1808: because of the unpopularity of the Embargo Act, the Federalists regained a little ground!

7. Non-Intercourse Act – March 1809, just three days before Jefferson left office.

– Reestablished trade with everyone except England and France.

– Would reestablish trade with either when either agreed to respect our neutral rights.

F. James Madison, Macon’s Bill No. 2, and Napoleon’s trick

1. Madison: very intelligent man, but he was sometimes stubborn to the point of stupidity as we will see.

2. The Non-Intercourse Act did not work, so eventually Congress let it expire.

3. Next move: Macon’s Bill No. 2, May 1810

– U.S. now reestablished trade with everyone, including England and France.

– If either country would lift its restrictions on American shipping, we would again cut off trade with the other country.

4. Napoleon did not like this law. Why? Because of the power of the British Navy, not many American ships were getting through to France. England was benefiting more, and he did not like that. He wanted to stop that trade!

5. Napoleon’s trick and Madison’s response

– Sent a message saying that France was lifting all restrictions on American shipping and would leave our ships alone. (Had no intention of doing that, simply hoped he could trick Madison into once again breaking off trade with England.)

– Madison’s response – He was delighted and said U.S. would break off trade with England if England did not agree to respect American neutral rights.

– In the weeks and months ahead, American diplomats in Europe told Madison that Napoleon was not living up to his word, but Madison would not listen.

– Meanwhile the British did not budge; saw that France was still seizing American ships. Why should we stop if they have not? So, Madison broke off trade with England on March 2, 1811.

– Up, to this point, I have given you part of the complicated story. Now…

6. The Other Part of the Story

Two Roads to War

Neutral Rights: § Both countries violated § More serious offenses committed by the British § Embargo Act and Non-Intercourse Act failed to stop violations of American neutral rights § After Macon’s Bill No. 2, Napoleon tricked Madison. § Madison broke off trade again with England.

The West: § Americans in the northwest were land hungry. § Were running out of forested farm land and at first did not like the prairie lands of Indiana and Illinois § Wanted the lands of southern Canada and thought a war with England over neutral rights would give us the opportunity to grab Canada. Americans could then move in! § Meanwhile, situation here complicated by the activities of Tecumseh and the Prophet. § Proof positive: Gen. William Henry Harrison and Battle of Tippecanoe, Nov. 1811 § So, activities of Tecumseh gave people in northwest another excuse for war: if we drive the British out, the British can no longer help Tecumseh. Canada would be ours and the West would be safe!

7. The War Hawks demand war!

– As all these feelings were developing and bubbling, frontier areas of the country began sending tough-talking, fire-breathing young men to Congress. Became know as the War Hawks. Henry Clay of Kentucky became their leader.

– Because their land-hungry folks back home wanted war to get more land, they complained bitterly about England’s violations of our neutral rights and demanded war!

– For a while, Madison held back but he finally gave in and in June 1812 asked Congress for a declaration of war: violation of our neutral rights and impressments of American seamen.

– June 18, 1812 – Congress declared war.

– The great irony: June 16, 1812, the British government set aside the Orders in Council. Why? Good weather had been followed by bad, crops had failed and the British desperately needed to buy American farm products. To reestablish trade with the U.S., government agreed that the OIC would no longer apply to American shipping.

8. A word of opinion: this was a war of choice that did not have to be fought, and it proved to be a lot harder than its supporters had predicted. Henry Clay: the Kentucky militia could take all of Canada in three weeks. And that should sound familiar.

G. The War of 1812

1. American advantages: almost none! What stands out were our disadvantages.

2. Our one advantage…

3. The war: a quick summary

War of 1812
1812: § General William Hull invaded Canada from Ft. Detroit, lost his nerve and retreated and surrendered Detroit to the British. § An invasion of Canada launched from northern NY failed when NY militia refused to leave their state. § Meanwhile, the British Navy established a blockade that virtually drove the tiny U.S. Navy from the seas.	1814-15: British plan a three-way attack Northern New York: take back New England Chesapeake Bay – a diversionary movement, nothing more. Burned Washington in retaliation for the burning of York. New Orleans – force the U.S. to give up at least part of the Louisiana Purchase. The invasion of New York stopped at the Battle of Plattsburg Bay The British attach in the Chesapeake Bay area was only partly successful – captured Washington but not Baltimore Jackson defeated the British at the Battle of New Orleans two weeks after the war was over!
1813: Things improved somewhat Captain Oliver Hazard Perry’s fleet defeated the British on Lake Erie and British abandoned Detroit. American troops pursued them for a while into Canada and Tecumseh killed. American troops in western NY crossed the border and raided and burned some public buildings in York (Toronto).	Treaty of Ghent: December 24, 1814 Settled absolutely nothing!

4. Consequences of the War of 1812

– A new spirit of nationalism

– A new generation of military heroes

– Growth of American industry

H. Post-war Nationalistic Legislation

1. Tariff Act of 1816 – Our first protective tariff

2. The Second Bank of the U.S.

I. The Election of 1816: say goodbye to the Federalist Party

Topic 8 Review

• Why would we say that Jefferson’s personality was like an onion?
• Who was Sally Hemings and what is the controversy surrounding her and Jefferson?
• What was the importance of the case of Marbury vs. Madison? Who wrote the Court’s decision in this case?
• Why and how did France reacquire Louisiana and how did the U.S. get it?
• What were the consequences of the Louisiana Purchase?
• What was Jefferson’s greatest failure as president?
• How did Napoleon trick James Madison after the passage of Macon’s Bill No. 2?
• What was the importance of the Battle of Plattsburg Bay?
• Was Jackson’s victory at New Orleans important?
• Who won the War of 1812? What did the Treaty of Ghent settle?
• What were the main consequences of the War of 1812 in the U.S.?
• What were the most important pieces of postwar nationalistic legislation?