What accomplishment is missing?
TJ’s Inaugural: “We are all Republicans; we are all
Federalists”
Midnight Judges: Feds enact Judiciary Act of 1801:
added dozens of new justices. Adams appointed Feds
right up to stroke of midnight. D-R’s furious, Repeals
Act but judges in for life. Many resign but one didn’t:
John Marshall: Chief Justice of Supreme Court.
Marbury vs. Madison: one midnight judge who did not
receive his job was William Marbury. He sues in the
Supreme Court for his job (writ of mandamus).
Marshall says he deserves his job but he can’t do it
because the Judiciary Act (which said he could) was
“unconstitutional.” 1st time a law passed by Congress
and signed by Pres. was declared unconstitutional:
“Judicial Review”
Marshall Court: Federalism kept alive through court’s
decisions: strong national government
McCulloch v. Maryland: 2nd BUS is legal. Maryland may
not tax it: “the power to tax is the power to destroy” No
state could destroy an agency of the federal government.
Tripolitan War (1801 – 1804) “. . . From the Halls of
Montezuma to the shores of Tripoli . . . Refused to pay
“tribute” to the Barbary Pirates. A blockade led to peace
treaty (US still paid tribute until 1816 but at a much
lower rate)
Financial Program: Repeal excise tax on whiskey;
reduced debt through policy of frugality; did not
dismantle Hamilton’s Federalist financial program [Albert
Gallatin, Sec’t. of Treasury]
Conflict with the Barbary States
• North African states demanded tribute from ships
sailing in Mediterranean
• Jefferson refused and dispatched U.S. fleet to
intimidate Barbary states
• Attacks failed and U.S. ended up paying ransom for
crew of U.S.S. Philadelphia
• U.S. finally forced negotiation with a blockade
• Jefferson won reelection overwhelmingly
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The Barbary States
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Barbary Pirates and American Captives
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Louisiana Purchase: Spain gives it back to France in
1800. US sent Robert Livingston and James Monroe to
offer $10 million for New Orleans and West Florida.
Napoleon, suffering loses in Haiti, offered all of La. For
$15 million (3 cents an acre): buy it all or none.
Constitutional? As a strict constructionist, Jefferson,
would argue No; but he was also a realist.
Lewis and Clark: Meriwether and William (along with
Sacajawea) make detail report on West 8,000 miles;
2 ½ years; Congress rewards all with grants of land
(except Sacagawea)
The Lewis and Clark Expedition
• Lewis and Clark Expedition commissioned prior to
purchase of Louisiana
• Goals: to find if Missouri River goes to Pacific and to
explore flora and fauna
• Sacagawea critical in helping expedition deal with
nature and Native Americans whom they
encountered
• Report on Louisiana’s economic promise confirmed
Jefferson’s desire to purchase
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The Louisiana Purchase and the Route
of Lewis and Clark
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The Lewis and Clark Expedition
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Attack on the Judges:
Impeachments
• 1803—Federalist John Pickering impeached,
removed for alcoholism, insanity, but no “high
crimes”
• Republicans began fearing the destruction of
an independent judiciary
• Jefferson exacerbated fears by seeking to
impeach Federalist Samuel Chase
• Republican Senate refused to convict
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Judiciary Impeachments:
John Pickering removed from
office [he was insane]; Samuel Chase impeached but not
removed: this controversial case ended D-R attacks on
judiciary and impeachment as a tool to remove
obnoxious judges.
Burr Conspiracy: After “interview” with Hamilton, VP Burr
flees to south west with James Wilkinson in a plot to either
capture Spanish possessions or engineer the secession of
western states from the union (!!!). Wilkenson double-crosses
Burr, informs Jeff. Burr is arrested for Treason. Trial
(under J. Marshall) finds him not guilty (need 2
witnesses; not just “conspiracy”). Burr flees to Europe.
Murder and Conspiracy:
The Curious Career of Aaron Burr
• Vice-President Aaron Burr broke with
Jefferson
• Burr sought Federalist support in 1804 New
York governor’s race
• Alexander Hamilton blocked Burr’s efforts
• Burr killed Hamilton in a duel
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Murder and Conspiracy:
The Curious Career of Aaron Burr
• Burr fled west after Hamilton duel
• Schemed to invade Spanish territory, separate
Louisiana from U.S.
• Burr arrested, tried for treason
• Acquitted on constitutional grounds of
insufficient evidence
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Murder and Conspiracy:
The Curious Career of Aaron Burr
• Precedent made it difficult for presidents to
use charge of treason as a political tool,
especially hearsay and circumstantial evidence
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Chesapeake-Leopard: US refuses to let British
board Chesapeake; Leopold fires killing 3,
wounding 18 and boards it and removes 4
alleged deserters. Anti British feelings
intensify.
Embargo Stop all land and seaborne trade
with ALL foreign nations.(Huh???)
Smuggling becomes common; creates a
monopoly for British shippers (they make a
bundle of Money!)
Now Jefferson gets attacked from his own
party!
Politics of Desperation:
“Tertium Quids”
Literally, The Third Thing
• “Tertium Quids” claimed pure Republicanism
• Attacked Jefferson as sacrificing virtue for
pragmatism
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Tertium Quids D-R faction(means 3rd something in
Latin) becomes very upset with Jeff (retreated from K-V
Resolutions, embargo was stupid, sacrificed virtue for
pragmatism; Yazoo controversy: Georgia sold 35
million acres of land to speculators at bargain prices
(bribes had been given); next assembly rescinded deal.
Jeff suggests 5 million acres be set aside for those who
had bought it. TQs say this condones fraud.
Fletcher vs. Peck Supreme Court rules legislative fraud
(the Georgia “Yazoo” case) does not impair contracts.
State had no right to take away land sold to innocent
buyers. [establishes precedent that S.C. can rule on
the constitutionality of state laws too! ]
Yazoo land controversy was a massive fraud
perpetrated from in the mid-1790s by several
Georgia governors and the state legislature.
They sold large tracts of land in the Yazoo lands,
what is now portions of Alabama and Mississippi,
to political insiders at very low prices in 1794.
Although the law enabling the sales was
overturned by reformers the following year, its
ability to do so was challenged in the courts,
eventually reaching the US Supreme Court.
Fletcher v Peck (1810), the Court ruled that the
contracts were binding and the state could not
retroactively invalidate the earlier land sales.
First time the Court had overturned state law.
Because of the ongoing controversy, Georgia ceded all
of its claims to lands west of its modern border to the
federal government, in exchange for which the federal
government paid cash and assumed the legal liabilities.
Slave Trade Importation of slaves would end in 1808;
smugglers would have to turn over slaves to state
authorities who would use “local custom” – this would
go on unless GB ends slave trade on their own. Brits
would captured Am. Slave smugglers off coast of Africa
and return slaves.
Two Term Tradition: Jefferson retires, James Madison
defeats Federalist Pinckney.
Madison: Fumbling Towards Conflict: Steps to a 2nd War
with England: The Strange War of 1812
Why???
James Madison
President during War of 1812
Henry Clay
Leader of
The War Hawks
War Hawks: They Wanted War In
1812
WHY?
They were D-R’s (Jeffersonians) who
• Hated the British
• Hate the Indians
• Wanted Land (Canada and Indian Land) to
help the little guy (farmer, poor)
Tecumseh
He and his
brother,
The
Prophet,
tried to
unify the
tribes
against
white
settlement
Tecumseh’s
Brother:
Shawnee
The Prophet
Tenskwatawa
William Henry Harrison
Future President: Old Tippecanoe
Oliver Perry
Hero of the Battle
of Lake Erie
He said (to Gen. Harrison)
"We have met the
enemy and they are
ours . . .”
This led to the Battle of
Thames and the death
of Tecumseh.
Tippecanoe (aka Prophetstown)
•Site of Shawnee village where (1811) Gen. Harrison defeated the
Natives
•Tecumseh then sought help from the British
The Battle of Thames (in Canada)
•Harrison defeated Brits and Indian allies: Tecumseh was killed.
Curse of Tecumseh "Harrison will die I tell you," the Prophet said. "And
after him, every Great Chief chosen every 20 years thereafter will die. And when each one
dies, let everyone remember the death of my people."
The pattern where from 1840 to 1960 each President elected in a
year ending in zero died in office.
It was “broken” by Ronald Reagan (1980), who survived being
wounded in a March 1981 shooting and George W. Bush (2000)
who survived a 2001 assassination attempt. The person elected in
2020 is hereby warned.
Fort McHenry, Maryland
The actual flag that survived the British bombardment
Washington, DC is burned by the British in retaliation for
our burning of York, Canada (now called Toronto)
Dolly Madison
Helped saved national documents during the British attack on
Washington
Andrew Jackson: Hero of the Battle of New Orleans
Even though it occurred AFTER the war had officially ended!
Hartford Convention of Federalists met to voice
their continued opposition to
•The war
•The D-R’s (Jeffersonians) under President Madison
and the Virginia Dynasty of Presidents (all of the
Presidents except for Adams were from Virginia: Washington,
Jefferson, Madison! It would continue with the next President:
Monroe.)
•Their suggestions and complaints doomed them.
Would be viewed as
•Traitors and Secessionists
•Failed to win another national election! 1st party
to die.