Election of 1800
Entering into the election, problems with France:
During Adams' presidency, peace with France hung by a thread and Adams had
to use all his resourcefulness to avoid war.
1. France regarded Congress' ratification of Jay's Treaty as a violation of (
American-French agreement of 1788 (France would not receive Charles
Cotesworth Pinckney as U.S. Minister.
2. The French felt deeply hurt because America had: accepted the British view of
neutral rights, closed American harbors to French shipping, stood aside when
Britain captured ships bearing provisions for France.
3. French response: French took over hundreds of American vessels bearing
provisions for Britain.
Adams was eager to maintain peace.
1. Elbridge Gerry, C. C. Pinckney, and John Marshall were sent to France to
negotiate a settlement/seek resolution of several issues.
2. Upon arriving in Paris, the 3 men discovered that the French Directory,
through intermediaries (labeled by the American envoys "Mr. X, Mr. Y, and
MR. Z") was asking for a loan and a bribe from Gerry, Pinckney, and Marshall
telling them that if they "acceded to these measures," all differences between
the two countries would be resolved.
3. Adams told Congress that the French government had "treated us
neither as allies, nor as friends, nor as a sovereign state/' and he proposed to
show "we are not a degraded people, humiliated under a colonial spirit of
fear."
After the commissioners' dispatches became known, the indignation of the
American people knew no bounds (mood of the country changed overnight.
a. Adams told Congress to prepare for the worst~ that the negotiations
failed.
b. Wave of Patriotism (differences put aside and Americans rallied around
the government)
c. Popular slogan: "Millions for defense, but not one cent for tribute."
d. Congress revoked treaties with France.
e. Congress voted appropriations for warships.
f.
Department of the Navy created.
g. Marine Corps revived.
h. Size of Regular Army increased.
i.
Washington accepted Adams' request for a new commission as
Lt.-General and to resume command of the new army to be raised.
(Washington will once more retire when the crisis subsided in 1799.
Jeffersonians blamed the Federalists for this state of affairs:
Had it not been for the Jay Treaty, they said, peace with France would not have
Been upset and there would not have been any spoliation of American shipping.
Had it not been for the Jay Treaty, there would not have been an undeclared war
on the open seas.
Hamilton loyalists gloated.
Federalists blamed the deterioration of relations with the French on the French
Revolution's outcome and they predicted the same upheaval in America if in the next
election the people should elect a Republican.
Adams, characteristically indecisive, fumed but did nothing.
When Adams learned the French Foreign Minister of the Directory, Tallyrand, was
willing to receive American ambassadors "with the respect due to the representative of a
free and independent nation/' he sent the name of William Vans Murray to the Senate for
confirmation (without consulting his cabinet)
Hamilton/Federalists in Congress merely demanded a commission be sent (to this, Adams
agreed); with that, Adams named Oliver Ellsworth and William Richardson Davie to
assist Murray.
High Federalists and pro-British Hamiltonians were outraged at the move, yet Adams,
possessing a grander strategic vision and correctly sensing the public mood for peace,
stuck to his guns. His impulsive but warranted decision to break with the High
Federalists had preserved national security, redeemed his reputation and game himself
control of his office.
An agreement with the French was signed September 30, 1800:
The resulting convention with the French ended the Quasi-war and resolved many other
outstanding issues (peace was restored)
Despite the restoration of peaceful relations with the French following the formal
agreement, the Federalist Pmty split was irreparable.
Determined to break Hamilton's influence and enraged by the assaults upon him,
Adams fired 3 of his Cabinet secretaries: Secretary of State Pickering, Secretary
of War McHenry,
).
In retaliation to Adams' dismissal of these key advisors, and with the intention of
Denying him re-election, Hamilton, Pickering, McHem·y, and others maneuvered
Against him (Hamilton will publish a scathing attack on Adams.
In shmt, Adams' refusal to bear further insubordination in his Cabinet for the sake of
patty unity (and against the interests of the nation) cost him reelection.
The Central issue of the campaign was The Alien and Sedition Acts.
Nothing did more to divide American politics during the 1790's.
With patriotic fervor/war hysteria at a pitch:
Federalists longed for revenge on the Democratic-Republicans
Laws were manifestations of political intolerance and party arrogance
Laws represented a bold attempt to check democracy
Objectives:
To stop radical French influence in America
Silence the voice of foreign born republicans
Wipe out all criticism of government
Alien Act:
Empowered the President to expel/imprison any alien "dangerous or suspect" of
"any treasonable or secret machinations against the government."
Sedition Act:
Provided for fining/imprisoning everyone who wrote/distributed "any false,
Scandalous, and malicious writingsn against the government with the intent to
"defame said government and to bring them or either of them into contempt or
disrepute.,,
Their passage and the criminal prosecutions brought under them provoked bitter
denunciations from Adams' political opponents and from Democratic-Republicans (led
by Jefferson and Madison).
Jefferson wrote of the laws:
I consider those laws as merely an experiment on the American mind to
see how far it will bear the avowed violation of the Constitution. If this
goes down, we shall immediately see attempted another Act of Congress
declaring that the President shall continue in office during life, reserving
to another occasion the transfer of the succession to his heirs, and the
establishment of the Senate for life.,
Jefferson and Madison each drafted a set pf resolutions (The Virginia and Kentucky
resolutions).
In doing so, both men kept an eye on their own political fortunes.
These resolutions condemned the Alien and Sedition Acts.
These resolutions were manifestations of the doctrine that states could legitimately
interpose their authority between their residents and the federal government (doctrine of
interposition).
The doctrines of nullification and secession originated in these resolutions.
The Federalists (secretly convening in the Senate chamber) nominated C. C. Pinckney.
When Republicans learned of the Federalist caucus they shouted "Tyranny" and called it
a "jacobinical conclave".
Republicans in their own secret caucus nominated Jefferson and Burr.
Butl', smarting over the result in the 1796 election when he received thirty votes against
Jefferson's 68 asked for a written guarantee that this time the Republicans would not
withhold their votes from him.
Oliver Wolcott: "This condition was complied with, at any rate, an equal vote for Mr.
Jefferson and Col. Burr was obtained.
Hamilton intrigued and maneuvered:
He asked the Governor of New York to call the old (Federalist) legislature and to
Pass a law by which the people were to choose the electors by district, hoping to
Assure victory for Federalist electors.
Governor Jay refused to listen to Hamilton's suggestion, as it would only "serve
party purposes, which I think it would not become me to adopt."
Virginia changed their electoral system by amending its law and voting on a general
ticket (securing the states' 21 electors for Jefferson)
Massachusetts changed its system securing the state for Adams and Pinckney.
P A meddled with its system too.
Trend: the electoral college was being manipulated to serve party purposes.
The campaign was violent/vituperative.
Adams charged with mining the country.
Jefferson accused of being an atheist.
Towards the end of the campaign, Burr got hold of a pamphlet penned by
Hamilton against Adams; in it, Hamilton described Adams' public life from
The beginning of the war for Independence to the present when in a fury he
Dismissed members of his cabinet.
Hamilton hoped to print his denunciation privately and send copies of it to
Federalist electors so they could withhold their votes for Adams and elect
Pinckney.
Burr, however, upon obtaining a copy, made its contents public to the
Newspapers.
16 states took part in the election:
Massachusetts, New Hampshire, and Pennsylvania discarded the popular vote for
the method of appointment by the legislature.
RO instituted the popular vote.
Jefferson
Burr(NY)
Adams(Mass)
Pinckney(SC)
6
6
4
4
16
16
4
9
3
9
7
7
5
7
7
3
5
4
4
65
64
J
(VA)
NH
VT
MA
RI
CT
NY
NJ
PA(split
DE
MD(split)
VA
NC
sc
GA
KY
TN
TOTALS
12
12
8
8
3
5
5
21
21
8
8
8
8
4
4
4
4
1
3
73
73
One MD elector didn't vote
139 votes need
Electoral votes counted February 11 (Read by Jefferson)
Jefferson (presiding officer of the Senate) atmounced to the assembled
Representatives and Senators, that "no election had taken place" and it
was therefore for the House of Representatives to choose the next
President.
Since both Jefferson/Burr tied, the election was thrown to the House of
Representatives where the Federalists nursed hopes that some clever
political scheme might turn defeat into victory.
Federalist strategies:
Prolong balloting in the House until March 4; if by that date there
Still a deadlock, both the presidential and vice presidential offices
Would become vacant and a new election would have to be held.
(Most likely, if a new election was held, the country would have
voted Democratic-Republican again; still, the resentful Federalists
were ready to create chaos rather than see Jefferson President.
Give their support to Burr who was not "infected with all the coldBlooded vices" (libelous, intriguing)
1
Hamilton, for all his antagonism toward Jefferson, opposed Burr. He
remonstrated wHh his friends; he used all his powers to persuade them to
think first of their country and only then of the Patty.
Writing to Governor Morris, Hamilton stated:
"I trust the Federalists will not finally be so mad as to vote for ButT. I
speak with an intimate and accurate knowledge of character. His elevation
can only promote the purposes of the desperate and profligate. If there be
a man in the world I ought to hate, it is Jefferson. With Burr I have
always been personally well. But the public good must be paramount to
every private consideration."
Despite Hamilton's advice, a number of Federalists went on supporting
Burr; promising him their vote if he would continue their policies.
Federalist James Bayard worte:
"The means have existed of electing Burr, but this required his cooperation. By
deceiving one man (a great blockhead) and tempting two (not inconuptible), he
might have secured a majority of the states .... "
But Burr (surprisingly) would not be a party to this; had he agreed Burr would
have become the next President.
Jefferson wrote to his daughter:
"The Federalists were confident at first they could debauch Col. B [Burr] from his
good faith, [but] his conduct has been honorable and decisive, and greatly
embarrasses them [the Federalists].''
February 11 111 : Each state was given one vote with each state ballot being
determined by the majority of its delegates.
In case of an evenly divided vote, the state was recorded blank.
9 STATES NEEDED TO WIN
111
At midnite, the 19 ballot was taken (no change)
Tired Congressmen sent out for their night caps; some slept in their seats, propped
up with pillows; others slept on the floor.
One congressmen, sick, lay on his bed in the adjacent committee room.
2am it was decided not to vote until 4am
At 8am a motion was made to hold the next ballot at noon.
When the ballot was taken at noon, the results were the same.
At that point, the House adjourned till the next day
(Reps voted, no change)
Another adjournment till the next day when three ballots were taken with no
change.
Thirty five times the House balloted for President, each time the result was the
same:
Jefferson (NY, NJ, PA, VA, NC, GA, KY, TN
Burr (NH, MA, RI, CT, DE, SC)
Two states were divided (VT, MD)
Federalist James Bayard did his utmost to break the deadlock and tried to make a
bargain with the Republicans:
He intimated that "if certain points of the future administration could be
understood and arranged with Mr. Jefferson ... three states would withdraw from
any opposition to his election.''
The points:
The public credit
Maintenance of the navy
Assurance that small Federalist officeholders would not be turned out.
It seemed that Jefferson made some kind of promise about these, whereupon
Bayard, shortly before the 36th ballot, came out with the most explicit and
determined declaration for Jefferson.
36th ballot
Jefferson (NY, NJ, PA, VA, NC, GA, KY, TN, VT, MD)
Federalist electors in VT and MD withheld their votes.
Burr (NH, MA, RI, CT, SC)
Since the Federalist electors for Delaware withheld their votes there was no vote
at all for Delaware.
MARBURY V. MADISON
Judiciat"Y Act of 1801 passed by lame duck Federalist Congress dm·ing its last session
(December 1800)
President Adams signed it into law just before Jefferson was swo1·n into office (Februat')'
1801)
The Judicial')' Act of 1801 amended (.-ather than repealed) the Judiciary Act of 1789
In addition to changing the structure/makeup of the federal com·t system, the act also
attempted to •·educe the U.S. Supreme Cout·t fi'Om six members to five aftet· the next
vacancy
Many officials expected the old/frail Justice Cushing to retire and the Federalists wanted to
prevent Jefferson from choosing a Republican to •·eplace him
Justice Cushing, however, stayed on the bench until 1810
26 new posts in the federal district & circuit courts were created within the judicial')'
following this act and Federalists sct·ambled to fill these vacancies throughout the closing
days of Adams' administration
The proported purpose of the act was to relieve the Supreme Court justices of the detested
but·den of circuit-riding
In reality, the act was an attempt to pack the courts with as many Federalists as possible
(metaphorically, the federal judiciary would become "The Last Federalist Fortress")
In addition to the new federal district and circuit court judgeships that were created by the
Judicial')' Act of 1801, 45 positions of justices of the peace were created within the new
capital
this provision was not added by necessity (the main responsibilities of a justice of the peace
involved notarizing papers and handling small claims); mther, it was "a bill providing
sinecure places and pensions for Federalist pat·tisans"
Jefferson commented that "the Federalists have retired into the judicial')' as a
stronghold ... and from that battery all the works of republicanism are to be beaten down
and et'ased"
Faced with the deadline of midnight on March 3, Congress met into the night and rushed
through the confirmations of the new justices of the peace
Clerks quickly delivet·ed theit· commissions to Secretary of State, John Marshall, who
signed these 11 midnight appointments" and stacked them on his desk
In the last minute rush, however, Marshall neglected to have the commissions delivered
One account has the incoming Attorney General, Levi Lincoln, dramatically striding into
Marshall's office with Jeffea·son's watch in his hand. Pointing to the watch, he informed
Marshall that midnight had arrived and directed him to leave the office. Humiliated by this
order, Marshall laid down his pen and depaa·ted. Nonetheless, Marshall stayed until at
least 9pm signing the commissions.
When the new Secretary of State, James Madison assumes his post, he finds the 42
undelivered commisssions on Marshall's desk
Jefferson insh·ucted Madison to deliver only 25 of the 42 commissions Marshall left on his
desk
Of the 17 slighted judges, only 4 took their claims to court; William Marbury was one of the
4 who tooh: their claims to court
His commission papers were signed and sealed (affixed with the seal of the United States) by
Adams and Marshall and the appointments were confirmed by the Senate, yet Marshall
neglected to delivet· Marbm·y's commission to him
Marbury applied to the U.S. Supreme Court for a writ of mandamus which is a common
law w1•it (court order) with roots in English practice; it empowers judges to oa·der
recalcitl'ant officials to carry out their duties as •·equired by law. It is Latin for "hand"; in
effect, the judge issuing the write is forcing the official to move his hand.
Marshall had not lifted his hand to delive•· Marbury's commission aud Madison uow
refused to complete the task
Section 13 of the Judiciary Act of 1789 (which was not amended by any provisions of the act
of 1801) authorized a mandamus action to be b•·ought to the U.S. Supreme Court as an act
of original jm•isdiction even though the Constitution does not
Marbury, acting in accordance with the act of 1789, took his suit directly to the Sup•·eme
Com·t
Marbt~~-y's
suit against Madison languished in the Sup1·eme Court clet·k's office foa· 2 years
before it was argued
In fact, the court didn't conduct any business for over a year because the new Republican
Congress exacted revenge on the Fedemlists for passing the Sedition Act (1798) and fot·
packing the federal cout·ts in 1801
The Judiciat-y Act of 1801 was repealed ancl a new Judiciary Act was passed moving the
court's next term which was originally scheduled to convene in June 1802 to February 1803
This was done to prevent the court from declaring the repeal bill unconstitutional
Meanwhile, impeachment charges (which were brought up as a result of partisan bias) were
being layed upon Fedea·alist judges who prosecuted cases under the Alien ancl Sedition
Acts (I>erhaps even Supreme Cmll't justices) Before the Sedition Act prosecutions ended in
1800 when the Republican Congress allowed the acts to expire rather than •·enew them
and Jefferson granted amnesty to those persons indicted, tt·ied and convicted , and
sentenced under the acts, every Supreme Court Justice had p1·esided at tt·ials and had
sentenced Republicans to fines/impl'isonments.
Although some extreme Fede1·alists implored Marshall to convene the com·t in June 1802
(in defiance of Congress) he prudently decided to avoid a confrontation with Conga·ess that
would have Jll'ecipitated/exacerbated a ca·isis which could have provoked even fua·ther
efforts to cripple the court
Irony: By 1803, John Marshall was the Chief Justice of the U.S. Supreme Court!
Both sides in "Marbury [the t>laintiffj v. Madison [the defendant]" expected the justices to
issue the writ of mandamus and they anticit>ated that this act would have led to a
showdown/constitutional crisis between the executive and judicial branches
Anticipating defeat, James Madison did not even send a lawyer to defend him
Marbury's lawyer and former Attorney General, Charles Lee, was brimming with
confidence as he acldresse(l the justices
Lee's aa·gument a·ested on what he believed to be obvious answe•·s to tht•ee basic questions:
1. Did Maa·bury have a right to the commission be was demanding?
2. JfMaa·bury had a right to the commission and that right was violated, did the
laws of this country afford him a remedy?
3. If the laws of this country afforded Marbury a remedy, was it a writ of
mandamus issued by the Supreme Com·t?
Aftea· considering the issues and arguments in this case, Marshall wrote/issued the court's
opinion February 24, 1803 (2 weeks aftea· Lee's argument)