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Jefferson to Jackson

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					History 201 – Early American History


JEFFERSON TO
JACKSON
   Themes in US History in the Era
• Sectional disunity
• States Rights vs. Federalism
• Growth of power of Judicial branch
   – Judicial Review and high profile cases
• “Entangling Alliances”
• Development of political identities/parties
• End of elitism, beginning of era of the “common
  man”
• Endless hunger for land
• Indian Removal
             Jefferson as President
http://www.youtube.com/watch?v=MQVRUZFM8Iw: “Elect Jefferson”
   advertisement

• Inaugural speech: "We are all Republicans, we are all
  Federalists."

• Pledged "honest friendship with all nations, entangling
  alliances with none.“

• First party overturn in the history of the country

• Significance: Demonstrated the efficacy of a two-party
  system
                   Jefferson’s Style
• Less pretentious
• Sent a clerk to read presidential messages (e.g. annual
  message)
    – Contrasted with Federalist practice of president making
      personal appearances which seemed monarchical
•   Small dinners, seating without rank
•   Casual attire; shook hands with guests.
•    Reduced the number and grandeur of formal events
•   Rode on horseback about the Capital instead of using a
    carriage.
           Jefferson's Presidency
• Peaceful transfer of power in 1801.

• Maintained many Federalist programs: Nat'l Bank, tariffs,
  funding debt
• Kept most public servants from Federalist administrations.

• Expansion: Louisiana Purchase

• Tripolitan Wars
• Embargo Act
 "The government that governs least,
           governs best."
• Reversals of Federalist policies
• Defended rights provided by Bill of Rights and Constitution
• Enacted new naturalization law in 1802; return of 5 year
  requirement for citizenship
• Alien and Sedition Laws had expired in 1801; parts that were
  still in effect were removed.
• Succeeded in substantially reducing the national debt by
  cutting government spending.
• Reduced standing army but upheld need for stronger navy.
• Emphasized states’ rights
• Encouraged development of an agrarian nation
 John Marshall and the Supreme Court
• Act of 1801
       1. Federalists created 16 new judgeships and other
  judicial offices
       2. Jeffersonians said Federalists were packing judicial
  branch for life.
       3. Act repealed by the newly elected Republican Congress
  in 1802.

• John Marshall
       1. Appointed Chief Justice during last days of Adams'
  term; Served 34 years
       2. Continued handing down Federalist decisions long
  after Federalist party was dead.
      Marbury vs Madison, 1803

• Judicial Review
   – Marshall gave Supreme Court power to rule a law
     by Congress unconstitutional
   – Contrasted with the Kentucky Resolutions
      • Jefferson had claimed states had that right
        (due to compact theory).

• Power of Supreme Court greatly enhanced -- 1st time
  declared something “unconstitutional”
                Tripolitan War
• Plundering of U.S. ships by pirates of the North
  African states led to increased military.
• War seemed cheaper than peace in 1801.
• Pasha of Tripoli declared war on the U.S.

• US wins (small navy); but proved ineffective during
  the War of 1812
         The Louisiana Purchase
• Napoleon seemed to pose a possible military threat to
  U.S., perhaps requiring U.S. to make alliances with other
  European powers.
• Napoleon decided to sell all Louisiana and abandon his
  dream of a New World Empire
• Decided to use sale of Louisiana as revenue for his
  conquest of Europe.
• Did not want to be distracted by the U.S. as an enemy in
  North America.

• More than doubled size of US
 Most important land purchase in U.S. History

• Constitution did not authorize President to negotiate
  treaties incorporating land into the union.
• Secretly proposed an amendment to the Constitution to
  provide for such an act.
• Land-hungry Americans supported the purchase
   – Paved way for westward expansion
   – Accelerated rise of U.S. as economic & political power
• Hastened Indian Removal. By 1890, all remaining Native
  Americans in the region would be on reservations.
• Ended European expansion in North America
• Boosted national unity
 Exploration of Louisiana Territory
• Lewis and Clark: Expedition bolstered U.S. claim to
  Oregon; further opened West to trade & exploration.

• Zebulon M. Pike
• 1805-1807, explored headwaters of the Mississippi,
  Colorado & New Mexico
   – Spain concerned of increased settlement in these
     Spanish regions.
Meanwhile . . .
 Back at “Home”
(Conspiracy and Intrigue)
    Essex Junto (1804): the exploits of
               Aaron Burr
• http://www.youtube.com/watch?v=NPlw5RK0e5Q
• Essex Junto: Federalist extremists plotted for New England's
  secession from the union and the creation of a seven-state
  northern confederacy
• New England a Federalist stronghold threatened by Jefferson
  and the Louisiana Purchase, leading to western influence
• Plotters courted Hamilton to run for governor of NY in 1804
  and then lead the secessionist movement.
• Hamilton refused—did not see Louisiana as the problem, only
  the expansion of democracy.
• Plotters then courted Vice President Burr.
    – Hamilton led opposition to Burr’s NY gubernatorial campaign. Burr
      was defeated and his plot was exposed by Hamilton
    – Burr kills Hamilton in a duel.
•
    More Intrigue and Conspiracy
• http://www.youtube.com/watch?v=NPlw5RK0e5Q: Aaron Burr


• In 1806, Burr attempted to separate the western part
  of the U.S. from the eastern part and unite it with to-
  be-conquered Spanish territory west of the Louisiana
  Territory and perhaps in northern Mexico.

• Burr arrested in 1806 in Natchez and tried next year at
  Richmond, VA.
     Jefferson re-elected in 1804

• Incorporated Federalist principles during his
  first administration; now minimized Federalist
  appeal.
• Success: International peace, territorial
  expansion, and inexpensive, unobtrusive
  government
• Republicans = Obvious Choice
    Yazoo Land Controversy, 1804
• Opponents accuse him of mis-use of land grants
    – Georgia wrongfully granted millions of acres prior to
      turning land over to the federal gov’t.
    – land companies had bribed GA legislators for millions of
      acres in land grants
    – Jefferson and Madison attempted to repay the new
      (corrupt) land owners for lands ceded to federal gov’t

• Significance:
    – Created strife within Republican party and weakened
      Jefferson during 2nd term.
•
Trouble with France
              Berlin Decree: 1806
• Harassment of U.S. shipping
• British controlled seas but France controlled continent.
• British began seizing American ships to end U.S. practice of
  importing French goods into U.S. & re-exporting them as
  neutral cargo.

• Berlin Decree, 1806
• Napoleon to starve Britain by closing ports of the continent to
  British commerce and outlawing all trade with British Isles.
• American ships would be confiscated by France.
• England closed ports under French continental control to
  foreign shipping
• Neutrals (e.g. U.S.) might enter Napoleonic ports only if they
  first stopped Britain.
• American ships that didn’t stop at Britain prior to entering the
               Milan Decree, 1807
• Napoleon’s retaliation
• Any neutral ship entering a British port, or submitting to a
  British warship at sea, would be confiscated by if it attempted
  to enter a Continental port.
• British Impressment: 6,000 Americans from 1808-1811; many
  died or were killed in service.

• Chesapeake-Leopard Affair (June 21, 1807)
• British commander demanded surrender of four alleged
  deserters on the U.S.S. Chesapeake; American captain
  refused. British fired at the Chesapeake: 3 dead; 18 wounded

• Jeffersonused the incident to incite calls for U.S. action.
           Embargo Act -- 1807
• http://www.youtube.com/watch?v=bhd6Ix88Jd0

• Loose construction of the Constitution: Congress'
  power to "regulate commerce" meant it could stop
  exports.
• Undermined Jefferson’s states’ rights philosophy
• Embargo Act was a disaster to the U.S. economy
• Illegal trade mushroomed as a result
   – Jefferson got Congress to pass harsh enforcement
      laws.
   – Viewed by many as tyrannical.
• New England again talked of secession
      Non-Intercourse Act of 1809
• Formally reopened trade with all nations except France and
  Britain
• Reasons for embargo's failure
       1. U.S. overestimated British dependence on American
  trade, underestimated British resolve.
       2. Embargo not long enough or well controlled
       3. Embargo Act proved to be three times as costly as war
       4. Worsened the conflict between Britain & France
• New England forced to become self-sufficient once again.
• The Embargo eventually wins
• Election of 1808 impacted by the Embargo Act issue
       1. Federalists made significant gains in Congress
  (although still in minority) and gained control of several state
  legislatures.
               Jefferson's Legacy
•   Expansion!
•   Orderly expansion in Old Northwest
•   Southern conquest difficult due to Spanish presence.
•   Ended unwanted European expansion in North
    America with Louisiana Purchase.
•   Soft-side of Jeffersonian expansion: invasion of
    Canada during War of 1812
•   Hard side of Jeffersonian expansion: removal of
    Indians, blacks, and Spanish (in during Madison and
    Monroe’s presidencies)
•   Empire and liberty for whites only.
•   Jeffersonians believed free blacks should not be
    allowed to migrate west.
              Jefferson’s Legacy
• Creation of a democratic non-aristocratic
  government.
• "Government that governs least, governs
  best."
• Lowered debt, balanced budget, promoted
  states’ rights
• Two-term presidency
  – More than two terms might lead to dictatorship.

  http://www.youtube.com/watch?v=TtunYdxGLck&feature=related
  http://www.youtube.com/watch?v=LsDACbjK8tY
 Federalist Defeat: complete by 1816
• "High Federalists"
  – Creation of European-like aristocracy through
    intermarriage, creation of standing army, and
    gov’t suppression of political opponents.
• Scandal: Burr encouraged secession of
  western territory.
• Jefferson kept the country out of a damaging
  European war
  – War of 1812 not until late in Madison’s first term.
  "To have shrunk, under such circumstances, from manly resistance,
  would have been a degradation blasting our best and proudest
  hopes

  It would have acknowledged that the American people were not an
  independent people, but colonists and vassals.“

  — President James Madison, November 1812




WAR OF 1812
James Madison: The Little Magician
   • Inaugurated in
     March, 1809
   • "Virginia dynasty
   • Strongly
     Jeffersonian in
     his views
               Macon's Bill No. 2
• Replaced Non-Intercourse Act of 1809.

• Purpose : entice Britain or France to repeal commercial
  restrictions
   – U.S. would restore non-importation against the non-
     repealing nation
   – Napoleon seized the opportunity with hopes of getting
     U.S. in a war with Britain

• Madison gave the British 3 months or the U.S. would restore
  non-importation
• Britain angered and demanded U.S. withdraw restrictions on
  Britain until France had withdrawn all their restrictions on
  American shipping.
• Napoleon had no real intention of honoring the agreement.
                     War Hawks
• New young leaders from South & West , Strongly nationalistic
• Wanted war to achieve the glory their fathers had in
  Revolutionary War. War Hawks desired U.S. to attack Canada
  to remove further Indian threats. Southern expansionists
  desired Spanish Florida

• Henry Clay (from Kentucky) elected Speaker of the House
• John C. Calhoun elected as a representative of South Carolina.

• Battle of Tippecanoe: Western war hawks eager to wipe out
  resistance against white settlers in the western wilderness
• General William H. Harrison advanced with 1,000 men and
  advanced upon Indian headquarters.
• Significance: Essentially ended the Indian threat;
  Indians pushed further west.
             Daniel Webster
• Federalist, spoke against
  entry into the war.
• Spoke eloquently on
  behalf of New England
  manufacturing interests.
• Webster had ghost
  written many of John
  Marshall’s opinions.
 U.S. declares war on Britain in June, 1812
• Why did U.S. fight Britain when France had committed nearly as many
  maritime offenses?
      1. Traditional Republican (Jeffersonian) partiality toward France
      2. Visibility of British impressments and arming of Indians.
      3. Lure of British Canada: timber, fishing, pelts.

• Resentful New Englanders hurt U.S. war effort.
       1. Believed British actions were old and exaggerated wrongs; still
  disliked France
       2. New England merchants making handsome profits before the war.
       3. Opposed acquisition of Canada which would add more agrarian
  states (Jeffersonian).
       4. New England investors lent more money to Britain than to U.S.
       5. New England farmers sent supplies and foodstuffs to Canada,
  helping Britain to invade New York.
       6. New England governors refused to permit their militias to serve
  outside their states.
                                   War of 1812
•   Small war -- 6,000 Americans killed or wounded
•   Mostly Canadians fought Americans, very few British.
•   One of America's most poorly-fought wars on land.
           a. Nation militarily unprepared for war
           b. Attack on Canada a complete failure.
           c. Washington, D.C., burned by British
           d. British nearly won large territories in the New York and New England.
•   National disunity: Federalists undermined war effort
•   U.S. Navy out performed the Royal Navy on the Great Lakes

•   Andrew Jackson emerged as a national hero for defending New Orleans.

•   War ended in a stalemate, but America gained respect diplomatically and militarily

•   Fall of the Federalists: Reduction of sectionalism

•   Large Native-American losses during war.
     –   Relinquished vast areas of forested land north of the Ohio River.


•   American industry was stimulated by less dependence on Br. manufacturing.
             Unprepared for War
• Economy hurt by Embargo Act and non-intercourse
• Regular army inadequate; supplemented by even more poorly
  trained militia.
• Britain possessed the best navy in the world.
• British maintained a blockade on American Atlantic ports for
  most of the war which U.S. shipping and caused significant
  opposition to the war.
• Jefferson’s navy was inadequate.

• U.S. attack on Canada was a strategic failure
• Americans falsely believed Canadians would easily crumble.
• 80% of Canadians in Upper Canada (Ontario) were post-
  Revolution Loyalists.
• If U.S. had concentrated on Montreal, Canada would have
  fallen
                         1814
• Napoleon subdued and British concentrated on
  North America.

• Set fire to most public buildings incl. Capitol and the
  White House.
• Retaliation for American burning Canadian capital at
  York.
• Francis Scott Key, Star Spangled Banner
               General Jackson
• Victorious in the Southwest and at New Orleans
• British strategy in addition to Canada and the
  Atlantic coast was to take the U.S. Gulf Coast and
  New Orleans.
• Mississippi Creek Indians : 400 Americans killed
  General Andrew Jackson retaliated by attacking a
  Creek village and killing 300
          Battle of New Orleans
• Significance: Bought time for Jackson’s 7,000-man army
  to fortify New Orleans

• Battle of New Orleans: British blundered by launching a
  frontal assault in Jan. 1815
• Jackson commanded 7,000-man force of sailors, regulars,
  pirates, Frenchmen, free
   blacks & militiamen from LA, KY and TN
• Over 2,000 killed & wounded in 1/2 hour compared to
  about 70 Americans.
• Battle of New Orleans resulted in tremendous upsurge of
  American pride and nationalism
• Jackson became the hero of the West
                   Naval Battles
• Americans didn't have nearly enough large warships to
  challenge Britain at sea.
• American privateers more effective than the U.S. navy (as in
  Revolutionary War)
• British manufacturers, merchants, & shippers put strong
  pressure on Parliament to end the war due to U.S.
  privateers' damage of Br. shipping.
• British responded with a crushing blockade along America's
  coast and by landing raiding parties almost at will.
         a. U.S. economy was crippled.
         b. U.S treasury was bankrupt.
         Treaty of Ghent (1814)
• Both sides agreed to stop fighting and to restore
  conquered territory.
• No mention of pre-war U.S. grievances:
  impressment, Indian menace, search and seizure,
  confiscations.
• Americans retained right to fish off Canadian coast
• Americans rejoiced -- many expected to lose
  territory.
            Hartford Convention
• New England Federalists and some Republicans adamantly
  opposed to the war.

• Hartford Convention (Dec. 15, 1814 -- Jan. 5, 1815)
• Purpose: Discuss grievances and seek redress
• Immediate goal to secure financial assistance from
  Washington due to British blockading menace on New
  England shores.
• A minority of radical delegates urged secession
• Convention recommended amendments to the Constitution
   – End 3/5 Compromise, reduce Southern influence in House
   – 2/3 vote for an embargo, admission of western states and
     declaration of war.
   – Limit the term of the President
   – Deny naturalized citizens (usually Republicans) right to
            International legacies
• American hatred of the British and mutual suspicion would
  last for decades.
• Canadian patriotism and nationalism was boosted: some say
  birth of the Canadian nation.
• Naval arms race between U.S. and Britain began in the Great
  Lakes.

• Rush-Bagot Treaty (1817)
      1. Severely limited naval armament on the lakes.
      2. By 1870, U.S. & Canada shared longest unfortified
  border in the world (5,500 mi)
• Americans no longer worried of European intervention in
  North America.
      1. New sense of nationality.
      2. Turned towards settlement of the West.
At no period of our political existence had we so much cause
to felicitate ourselves at the prosperous and happy condition
of our country. -- James Monroe


PRESIDENT MONROE AND THE ERA
OF GOOD FEELINGS
          1812 and Nationalism
• Madison more popular when leaving office in 1817
  than when he assumed it in 1809
• Why?
• Victories, especially Battle of New Orleans
• Death of the Federalist party; reduced sectionalism;
  reduced states’ rights-ism
• Lessening of economic and political dependence on
  Europe
• Westward expansion and optimism about the future
• Americans coming to regard themselves as Americans
  first and state citizens second.
    Henry Clay's American System
• BUS, tariffs, internal improvements
• Second National Bank voted by Congress in 1816.

• Lack of national backing during the War of 1812 created a
  banking vacuum
• Local banks sprung up all over the country
• Country flooded by depreciated bank notes that hampered
  the war effort.
• Modeled after the first National Bank but with 3 1/2 times
  more capital: $35 mil.
• Jeffersonians supported the revived bank.
         a. Used same arguments that Hamilton had used in
  1791.
         b. Ironically, Federalists denounced it as
  unconstitutional.
                Tariff of 1816
• Purpose: protection of American manufacturing from
  British competition.
• After the war, Brits flooded U.S. with cheap goods,
  often below cost too strangle infant U.S. industries
• Americans perceived this as British attempt to crush
  U.S. factories.
• First protective tariff in U.S. History
• 20-25% duties on imports
• Not really high enough to provide completely
  adequate safeguards
          Henry Clay’s Strategy
• Tariffs = way to develop a profitable home market.
• Eastern trade would flourish under protection.
• Tariff revenues would fund roads and canals in the
  interior esp. Ohio Valley.
• Frontier folks wanted better transportation; poor-no
  roads existed.
• Foodstuffs, raw materials from the South and West
  would flow into the North and East
    Internal Improvements (failure)

• Congress passed Calhoun's Bonus Bill in 1817; would
  have given $1.5 mil. to states for internal
  improvements.
• Madison claimed it was unconstitutional
         b. His successor, James Monroe, followed suit.
         c. Jeffersonians hated idea of direct federal
  support of intrastate internal improvements; saw it
  as a states’ rights issue
• New England opposed federally constructed roads &
  canals; would drain away population and create
  competing states in the West.
• Prior to Civil War, most internal improvements
  (except railroads) were done at the expense of state
  and local governments.
    Era of Good Feelings (1817-1825)
• James Monroe elected President in 1816
• Death of Federalist party
• Federalist liabilities
• "Disloyalty" during the Wr of 1812
• Became extremely sectional
• Jefferson had adopted many of their most important
  ideas
• Originally nationalistic; now opposed to Republican
  nationalism
• "Era of Good Feelings" ushered in by Monroe's 1817
  inspection tour of military bases from New England
  to Detroit (term coined by a newspaper man
  covering the tour)
           "Era of Good Feelings”
• Misnomer: Acute issues troubled the country.
      1. Sectionalism
      2. Tariff issue (east and south opposed; west in
  favor)
      3. Internal improvements (east and south
  opposed; west in favor)
      4. Bank of U.S. (west and south opposed;
  eastern bankers in favor)
      5. Sale of public lands (east opposed; west and
  south in favor)

• Monroe's presidency oversaw two major events:
     1. Panic of 1819
     2. Missouri Compromise of 1820
                  Panic of 1819
• First financial panic since the "Critical Period" of the
  1780s
• Causes
• Overspeculation on frontier lands by banks
• Inflation from 1812 war + economic drop-off after war
• Significant deficit in balance of trade with Britain

• Need for reform and pressure for increased democracy.
• Hard hit poor classes looking for more responsive gov't
  (beginnings of Jacksonian democracy)
• Directed attention to inhumanity of imprisoning debtors.

• Monroe reelected in 1820 with all but one electoral vote
  (nearly unanimous)
             The Growing West
• New states' characteristics
      1. No long-established history of states' rights
      2. More than other regions, depended on
  federal gov't where it had secured most of its land.
      3. Melting pot of a wide diversity of peoples
  immigrating from the east.

• Maintaining a sectional balance in Congress was a
  supreme goal.
   Reasons for explosive westward expansion
• Cheap lands in the Ohio territory attracted large numbers of
  European immigrants.
• Land exhaustion in older tobacco states drove people
  westward.
• Speculators accepted small down payments
• Economic distress of embargo years
• Crushing of Indians cleared much of the frontier.
• Transportation Revolution improved land routes to Ohio
  Valley.
• Cumberland Road built in 1811; ran from MD to Illinois.
• Emergence of the steamboat in 1811 made upstream travel
  possible.
• Canals beginning in 1826 allowed for increased trade between
  west and east.
            The Growing West
• West still remained weak in population and
  influence
• Forced to ally itself with other sections when
  addressing national political issues.
• Demanded land reform & cheap
  transportation (got it slowly), cheap money
  issued its own "wildcat" banks, & fought the
  powerful Bank of he US to get its goals
“I’d rather be right than be president.” -- Henry Clay

THE MISSOURI COMPROMISE
        Missouri Compromise of 1820
•   http://www.npr.org/templates/story/story.php?storyId=7043103


•   Missouri asked Congress to enter the union in 1819
•   Tallmadge Amendment passed by the House of Representatives in response.
          a. No more slaves could be brought into Missouri
          b. Gradual emancipation of children born to slave parents already there.
•   Southern states viewed Tallmadge Amendment as threat to sectional balance.
•   Senate still balanced 11 free to 11 slave states; parity had to be maintained

•   Jefferson: Crisis = "a firebell in the night."
•   Fast increase in northern population and economy and political balance in the
    House of Representatives troubled the south

•   Future of the slave system caused southerners profound concern.
            a. Missouri first state entirely west of the Mississippi made from the
    Louisiana Territory. There would be more.
            b. Tallmadge amendment might set a precedent for the rest of the area to
    be free.
            c. If Congress could abolish slavery in Missouri, it might try in southern
    states.
            d. Antislavery agitators in the North used the occasion to protest
•   The Senate refused to pass the amendment and as the crisis loomed
    Missouri Compromise of 1820
• Provisions:
         a. Congress agreed to admit Missouri as a slave state.
         b. Maine was admitted as a free-soil state.
            -- Balance kept at 12 to 12 for the next 15 years.
         c. Future slavery prohibited north of 36-30' line, the
  southern border of Missouri.
• Compromise was largely accepted by both sides
         a. South got Missouri
         b. North won concession that it could forbid slavery in the
  remaining territories above 36-30 line
• Northern advantage because Spanish territory in southwest
  prevented significant southern expansion westward.
• Southerners not overly concerned of lands north of 36-30 as lands
  not conducive to slave-labor cash crop agriculture.
       Legacy of the Compromise
• Lasted 34 years and preserved the union (until the Kansas-
  Nebraska Act in 1854)
• Slavery became a dominant issue in American politics.
• Serious setback to national unity
• South began to develop a sectional nationalism of its own.
• Looked to the young West for allies
• Clay criticized by subsequent generations as an "appeaser"
         a. Yet, nation was founded on compromise; no one
  section could dominate
         b. End of compromise in the 1850s resulted in civil
  war.
We must never forget that it is a constitution we are expounding – John
Marshall

THE SUPREME COURT
John Marshall and Judicial Nationalism
• Marshall most important chief justice in U.S. history (1801-1835)
• Significantly strengthened the Supreme Court in Marbury v. Madison
  (1803)
• Increased power of the federal government over the states.
          a. Strengthened the union and helped create a stable, nationally
  uniform environment for business.
          b. Checked excesses of the popularly elected state legislatures.
          c. Ironically, his decisions at times hampered democracy at a time
  when America was become much more democratic during the Jacksonian
  era.
       3. Examined cases from a Federalist philosophy and found legal
  precedents to support his Hamiltonian views.
• Jeffersonian attempts to balance the Court with Republicans failed.
• Republicans came to accept the Federalist ideal of strong central gov't.
           Fletcher v. Peck (1810)
• Protection of property rights against popular pressures
• Issue: New Georgia legislature canceled a contract granting
  35 million acres in the Yazoo River country (Miss.) to private
  speculators as a form of graft.
• Previous legislature had made the grant in what was called
  "Yazoo Land Controversy“ during Jefferson’s presidency.
• Significance: Court ruled the Constitution forbids state from
  "impairing contracts".
          a. One of earliest examples of Court asserting its
  right to invalidate state laws.
          b. Court stated the legislative grant was a contract
  (albeit fraudulently secured)
  Martin v. Hunter’s Lessee (1816)
• Issue: Did Supreme Court (as provided for in Judiciary Act
  of 1789) have the right to review decisions of state
  supreme courts where federal statutes or treaties were
  involved or when state laws had been upheld under the
  federal Constitution?
• Virginia sought to disregard Treaty of Paris (1783) and Jay’s
  Treaty (1794) regarding confiscation of Loyalist lands.
• Decision: Supreme Court rejected state claims of equal
  sovereignty with the federal gov’t.
• Significance: Upheld Supremacy Clause of the Constitution
  and federal judicial supremacy over the states.
      McCulloch v. Maryland (1819)
•   Blow to states' rights
•   Issue: Maryland tried to destroy Baltimore
    branch of the BUS by taxing its notes.
•   Marshall declared US bank constitutional
    invoking Hamilton's doctrine of implied
    powers (elastic clause of the constitution --
    "necessary & proper").

•    "Loose construction" given major boost.
•    Argued the Constitution derived from the
    consent of the people and thus permitted the
    gov't to act for their benefit.
•   Denied Maryland the right to tax the bank:
    "..that the power to tax involves the power to
    destroy" and "that a power to create implies
    the power to preserve."
     Dartmouth College v. Woodward
                (1819)
• Protection of property rights from the states
• Issue: New Hampshire changed a charter granted to the college by
  King George III in 1769. Republicans sought to remove "private"
  aspect of school and make a state institution.
• Dartmouth appealed; defended by Daniel Webster, an alumnus.
• Ruling: Charter was a contract; states could not invalidate it
  according to Constitution.
• Significance:
          a. Positive: safeguarded business from domination by the
  states.
          b. Negative: set precedent giving corporations the ability to
  escape gov’t control.
       Cohens v. Virginia (1821)
• Blow to states' rights
• Issue: Virginia courts convicted Cohens for selling
  lottery tickets illegally.
          a. State supreme court upheld the decision
          b. Marshall overturned it.
• Significance: Marshall asserted right of Supreme
  Court to review decisions of the state supreme
  courts in all questions involving powers of the
  federal gov't.
       Gibbons v. Ogden -- 1824
• Blow to states' rights
• Issue: NY tried to grant a monopoly of river
  commerce between NY & NJ to
          a private company (owned by Ogden).
  Gibbons had congressional approval to conduct
  business on the same waters.
• Significance: Marshall ruled Constitution
  conferred on Congress alone the right to control
  interstate commerce.
• Court ruled interstate streams were to regulated
  by Congress, not individual states.
• Daniel Webster became an important influence
  in Marshall’s decisions.
       1. Advocated strongly Federalist and
  nationalist views before the Supreme Court.
          -- He actually "ghost wrote" some of the
  Court’s opinions.
       2. Classic speeches in the Senate, challenging
  states' rights and nullification, were
          largely repetitions of arguments he earlier
  presented to the Supreme Court.
• Foreign Policy after the War of 1812
     A. Rush-Bagot Treaty (1817) – during Madison’s presidency
       1. Severely limited naval armament on the lakes.
       2. By 1870, U.S. & Canada shared longest unfortified border in the
  world (5,500 mi)
     B. Treaty of 1818 (Convention of 1818) with England (during Madison’s
  presidency)
       1. Negotiated by John Quincy Adams, one of the nation's great sec. of
  states.
       2. Provisions:
          a. Fixed the American-Canadian border at the 49th parallel from
  Lake of the
             Woods to the Rocky Mountains.
          b. 10-year joint occupation of Oregon Territory w/o surrender of
  claims of by either country.
          c. Permitted Americans to share Newfoundland fisheries with the
  Canadians.
                Monroe Doctrine
• European monarchs, Russia, Austria,
  Prussia, and France -- "Holy Alliance" –
  alarmed at Latin American revolutions and
  European democratic tendencies.
• Saw democracy as a threat to absolute
  monarchy.
• Americans alarmed at European hostility
  to democracy in Western Hemisphere
• Great Britain sought an alliance with the
  U.S. to protect its interests in Latin
  America
• Br. foreign secretary, George Canning,
  proposed a joint declaration, warning
  European despots from to stay away from
  Latin American Republics.
                   Monroe Doctrine
• 1823
• President's annual message to Congress incorporated stern warning to
  Europeans
• Colonial powers could keep their existing colonies but gain no new ones.
• Non-intervention in the Americas; let new republics govern themselves
• Directed primarily at Russia, whom the U.S. feared would threaten the
  Pacific coast
• Nationalistic Americans widely supported the proclamation
• No "entangling alliances.“
• European monarchs angered and offended at U.S. haughtiness
• Long-term impact: Monroe Docrtine became cornerstone of U.S. foreign
  policy during last half of 19th century and throughout 20th century.
Americans are not a perfect people, but we are called to a perfect mission.

Any man worth his salt will stick up for what he believes right, but it takes a slightly
better man to acknowledge instantly and without reservation that he is in error.



JACKSONIAN DEMOCRACY
         The "New Democracy"
• By 1820s, aristocracy was becoming outmoded
  while democracy was becoming respectable.
• Politicians now forced to cater to the voting masses
• Jeffersonian democracy: the people should be
  governed as little as possible.
• Jacksonian democracy: government should be done
  directly by the people.
                       New Democracy
•   New Democracy based on universal white manhood suffrage rather than property
    qualifications -- common man now more influential.
•   Between 1812 and 1821, 6 new western states granted universal manhood
    suffrage
•   Between 1810 and 1821, four eastern states significantly reduced voting
    requirements
•    However, blacks in north gradually disenfranchised; by Civil War only New England
     allowed blacks to vote.
•   New voters demanded a new type of politician that would represent common
    peoples‘
•   Jackson was the result of the "New Democracy" rather than the cause of it
•   Frederick Jackson Turner: "The Significance of the Frontier on American
    History"
•   Thesis: Existence of cheap land in the West created a frontier society that shaped
    the American character—more democratic and egalitarian
    Rise of workingmen’s parties
• Free education for children
• 10-hr work day
• End to debtor’s prisons
   Causes of the New Democracy
• Panic of 1819
• Workers and farmers blamed bankers (esp. BUS) and
  speculators for foreclosures on their
• Answer was to get more politically involved,
  especially followers of Andrew Jackson.
• State laws for prevention of debt imprisonment
  enacted
           The Missouri Compromise
•   Northern opposition to Missouri’s admission as a slave state aroused southern
    fears the federal gov’t would trample on states' rights.
•   Prime Goal of white southerners: Control the federal gov't for South’s preservation

•   New Political Age
•   A new two-party system reemerged by 1832: Democrats vs. National
    Republicans/Whigs
•   Voter turnout rose dramatically: 25% of eligible voters in 1824; 78% in 1840

•   New style of politicking emerged (esp. in 1840 election)
•   Banners, badges, parades, barbecues, free drinks, baby kissing, etc.

•   Voting reform: Members of the Electoral College were being chosen directly by the
    people rather than state legislatures: 18 of 24 states in 1824 election.
Extension of the
Missouri Compromise
          Election of 1824 "The Corrupt
                     Bargain"
•   Candidates: Jackson, Clay, William H. Crawford of GA, and J.Q. Adams of Mass. All
    four rivals were "Republicans"

•   Jackson polled the most popular votes but did not have a majority of the electoral
    vote.
•   12th Amendment states House of Reps must choose among first three finishers

•    Clay finished 4th but was Speaker of the House and in charge of selection. Hated
    Jackson, his archrival for leadership in the West

•   Early 1825, House of Representatives elected Adams president.
        1. Largely due to Clay's behind-the-scenes influence
        2. Jackson with the largest % of the vote lost to second place Adams

•   Adams announced Clay as secretary of state a few days later

•   Jackson's supporters called the affair the "corrupt bargain"
    President John Quincy Adams
• Ranks as one of the great secretaries of state but
  one of the least successful Presidents.

• Hated spoils system: only removed twelve public
  servants from the federal payroll
• Party workers dismayed that Adams did not
  reward them for their loyalty & support
• Sectionalism increased while the Republican
  party fractured: increased hatred of Adams and
  Clay by Jacksonians
    The "Tariff of Abominations" (1828)
•   Biggest issue of Adams’ presidency
•   Congress had increased the general tariff in 1824 from 23% on dutiable goods to 37%

•   Jacksonites rigged up a plan for unseating Adams by creating a tariff bill that would send
    duties as high as 45% on New England manufactured goods.Westerners would blame Adams.

•   New England pushed for passage of the Tariff of 1828 anyway and the bill passed.
       1. New England factory owners sought more protection from foreign competition.
       2. Daniel Webster argued for it; reversed his previous position in the 1816 tariff
       3. John C. Calhoun argued against it: the tariff would hurt the South.

•   Southern reaction strongly negative: feared power of federal gov’t was too strong.
        1. Southerners would suffer both as consumers and exporters.
        2. John C. Calhoun's"The Southern Carolina Exposition"
           a. Written secretly since Calhoun was Adams’ vice-president
           b. Denounced the tariff as unjust and unconstitutional
           c. Stated states should nullify the tariff (similar to Jefferson’s and Madison’s Virginia and
              Kentucky Resolutions of 1798)
           d. His desire was to save the Union by lowering the divisive tariff that offended the South.
           e. No other state joined South Carolina in her heated protest.
                       Election of 1828
•   Intense mudslinging between the two factions of the
    Republican party
        1. National Republicans supported J.Q. Adams
        2. Democratic Republicans supported Jackson

•   Jackson defeated Adams 178 electoral votes to 83 (pop.
    vote 647,286 to 508,064)
•   First President from the West; seen as a great common man
•    Election called "The Revolution of 1828” : No sitting
    president had been removed since John Adams in 1800
•   Increased voter turnout in universal-white-manhood
    suffrage states was a powerful force. Balance of power was
    shifting from the East to the expanding West
•   Jackson was the hero of the working masses.
  Andrew Jackson ("Old Hickory")
• Personified the new West
• Suspicious of federal gov't as a bastion of privilege
  remote from popular scrutiny
• Like Jefferson, sought to reduce role of the federal
  gov’t in favor of states’ rights
• Fierce unionist and nationalist (to the dismay of the
  South); federal supremacy over states.
• At times defied will of Congress and the Supreme Court
• Employed the veto 12 times; six predecessors
  combined only vetoed 10 times!
• Opponents condemned him as "King Andrew I"
    Jacksonian Democracy -- politics
•   Increase of manhood suffrage
•   Spoils System : Rewarding political supporters with public office.

•    Jackson believed in the ideal of "rotation in office" or "turn about is fair play"
           a. Civil service had in some ways become corrupt and ineffective
           b. Goal: Let as many citizens as possible hold office for at least a short time.
           c. . Swiftest road to reform was to remove Adams-Clay appointees with loyal
    Jacksonians, yet, only 20% of incumbents were removed.
•   However, set a precedent for "clean sweeps" in later administrations.

•   Consequences of the spoils system
          a. Spoils system begun on a national scale
          b. Many able citizens discouraged to hold office.
          c. Competence and merit as ideals of office were subordinated while offices
    were prostituted to political ends
          d. Scandal accompanied the new system
          e. A political machine built around Jackson resulted.
         Webster-Hayne Debate
• Cause: Late 1829, a New England senator introduced a
  bill designed to curb sale of public
  lands
• Western senators furiously defended their interests.

• Southern senators, seeking allies against the
  Northeast, sided with the West.
• Stage was set for a showdown in the Senate
• Webster-Hayne Debate lasted nine days in January,
  1830.
         State’s Rights . . . Again
• Condemned disloyalty of New England during the
  War of 1812
• Condemned New England's selfish inconsistency
  on the protective tariff.
• Blasted the "Tariff of Abominations" (1828
• Calhoun's doctrine of nullification only means of
  protecting Southern rights.
• Preserve the Union by protecting Southern
  interests.
            Webster’s Response
• Insisted the people not the states had framed the
  Constitution and blasted the doctrine of nullification.

• "Liberty and Union, now and forever, one and
  inseparable.
• Result of the Debate: each side believed its champion
  had won.
• Impact of Webster's Response
• Many credit Webster for helping win the Civil War by
  arousing the new generation of northerners to fight for
  the ideal of Union.
       Jefferson Day Toast (1830)
• Southern strategy was to devise a series of toasts in
  honor of Jefferson that would lead toward states' rights
  and nullification.
• Plotters assumed Jackson would be swept along by the
  toasts and commiserate.
• Jackson received word of the plot and carefully
  prepared his response.
• Jackson : "Our Union: It must be preserved!

• Calhoun replied: "The union, next to our liberty, most
  dear!"
                Peggy Eaton Affair
• Snubbed by the wives of Jackson's cabinet
  members especially by wife of Calhoun.
• Jackson, remembering his late wife, defended
  Mrs. Eaton
• Jackson began purging Calhoun’s allies in the
  cabinet in 1831.
• In reality, this issue was minor
• Tariffs were the major immediate issue
  between Jackson and Calhoun
• Jackson learned Calhoun had criticized him
  during his earlier Florida campaign against
  Spain & Seminoles when Calhoun was Sec. of
  War.
• It was a convenient excuse for retaliation
         Tariff Controversy of 1832
• major wedge between Calhoun and Jackson
• Calhoun resigned in 1832
       1. Became a leader in the Senate and champion of states’ rights
  and South Carolina.
• Up until this time, Calhoun had publicly been a strong nationalist.
• Now, a sectionalist
• Rigorously protected slavery and states rights’
• “Concurrent majority" plan
• U.S. would have two presidents: one representing the majority
  (North)
    and one representing the minority (South).
• Each would have veto power over Congress
• Only way to protect stability
If the Union is once severed, the line of separation will grow wider and
wider, and the controversies which are now debated and settled in the
halls of legislation will then be tried in fields of battle and determined by
the sword. -- Andrew Jackson


NULLIFICATION CONTROVERSY OF 1832
                            Tariff of 1832
•   Tariff of 1832
        1. Jackson attempted to improve tariff to conciliate the south by lowering the
           Tariff of 1828. Lowered duties to 35% from about 45%, or the 1824 level


•   South Carolina nullified Tariff of 1832
•   Called upon state legislature to make necessary military preparations
•   Secede if Jackson attempted c force.
•   Jackson's reaction
•   Dispatched modest naval and military reinforcements to SC while preparing sizable
    army quietly.
•   proclamation against nullification
•   Henry Clay proposed a compromise
•   Tariff would be reduced by 10% over eight years.
•   Force Bill passed by Congress as face-saving device
•   Authorized president in the future to use army and navy to collect federal tariffs if
    necessary.
                 Aftermath
• Victory for both sides: Neither Jackson nor the
  "nullies" clearly triumphed
• Stepping stone to Civil War

• SC gradually abandoned nullification in favor
  of secession by 1860.
         Election of 1832
•   Henry Clay (National Republican) vs. Jackson--
    (Democrat)
        1. Jackson earlier favored a one-term
    presidency; cronies convinced him to stay.
        2. Clay was War Hawk and Senator.

•   Clay’s Advantage: Funded by easterners & BUS,
    supported by Daniel Webster
•   Urbane, polished, good publicity
•

•   Jackson d. Clay 219-49 in Electoral College;
    687,502 to 530,189 in popular vote.

•   Jackson had the support of the masses;
    overwhelmed the vote of the rich.
           New political features
• Anti-Masonic party became the first 3rd party in an
  American presidential election.
• Opposed secrecy

• Masons recruited upwardly mobile middle-class
  professionals, business leaders, and politicians
• Masons accused of gaining economically at the
  expense of the masses.

• Anti-Masonic party attracted evangelical groups eager
  to fuse moral & religious reforms with politics (e.g.
  keeping Sabbath Day holy.)
         Jacksonian Democracy
• Based on states’ rights and economic advantage
  for the common man

• Divorce government from the economy
       1. Anti-monopoly; the common man should
  have a chance to succeed economically.
       2. Return to Jeffersonian democracy -- gov’ts
  role should be limited
       3. Give more power to states to promote
  equality of opportunity.
 End of the Bank of the United States
                (BUS)
• "The Bank... is trying to kill me, but I will kill it.“
• vetoed BUS's charter in 1832 : plutocratic,
  monopolistic and unconstitutional.
• Felt bank only benefitted wealthy; message
  appealed to the masses.

• "Pet banks" scheme
• Removed federal deposits from the BUS and
  placed them in 23 state "pet banks“
     General incorporation laws
• During Jackson’s presidency and beyond, states
  made incorporation much easier, spurring the
  economy with small and medium-sized
  businesses.

• limited liability: business owners were now
  allowed to be a separate entity from their
  corporation. Thus if the corporation went
  bankrupt, the business owner still kept his
  money.
          Maysville Road veto
• Congress passed bill funding improvement
• Jackson favored states’ rights
• Refused to spend federal money for intrastate
  improvements (e.g. roads & canals)
• Vetoed bill
                      Indian Removal
• Transplanting Native American Tribes
• Jackson felt it unwise to regard the tribes as separate nations within
  individual states.

• Indian Removal Act (1830)
• removal of Five Civilized Nations: Cherokee, Creek, Choctaw, Chickasaw
  and to Indian Territory (Oklahoma).
• Voluntary: Individual Indians might remain if they adopted white ways.
• 100,000 uprooted and moved in 1830s

• http://www.youtube.com/watch?v=I3gNzfMobNI&feature=related
• http://www.youtube.com/watch?v=bWCl9YfbKa4&NR=1
• http://www.youtube.com/watch?v=Iycym3JonJk&feature=related
•
                       The Cherokee
•   Sequoya created Cherokee syllabic alphabet (85 characters)
•   Cherokee had own newspaper, Cherokee Phoenix
•   constitution similar to U.S.; similar electoral system
•   Agriculture-based economy
•   Bad news: Cherokee nation sat on valuable land in NE Georgia
•   Land could be used for cotton; coveted by land-hungry white farmers

• Cherokee Nation v. Georgia, 1831
• Cherokee tried to stop a Georgia declaration that Cherokee laws were null
  & void.
• Supreme Court ruled that though Cherokee lacked jurisdiction over land, it
  was a
   "domestic dependent, nation" possessing some sovereignty, but not an
  independent nation.
     Worcester v. Georgia (1832)
• John Marshall ruled that Georgia’s laws had no
  jurisdiction inside Cherokee territory
• Samuel Worcester was a missionary living with the
  Cherokee for years but was forced by GA to take an
  oath of allegiance or leave Cherokee land; he refused
  and was arrested
• Jackson: "John Marshall has made his decision; let him
  enforce it if he can.“
• Jackson did nothing. Cherokee realized their fate when
  Jackson flouted the authority of the Supreme Court.
                     Trail of Tears
• 1838 -- 18,000 Cherokees forcibly
  removed from their homes and
  marched 1,000 miles to Indian
  Territory (Oklahoma).
• 4,000 died from malnutrition,
  exposure, cholera, & harsh
  treatment.

• Earlier, 25% of Choctaws died en
  route to Indian Territory between
  1831-1835
• 3,500 of 15,000 Creeks died
  during removal in 1836.
•
       Indian Wars
• Black Hawk War (1832)
      1. Illinois & Wisconsin
      2. Crushed by U.S. troops
      3. Area west of Lake Michigan became open for
  white settlement.

• Seminoles in Florida
   – ordered to merge with their old enemy -- the Creek --
     and be relocated.
   – Refused as Creek were slave owners & many
     Seminoles had escaped Creek slavery.
   – Second Seminole War ( 1835-1842): 1,500 U.S.
     soldiers dead
   – about 3,000 (80%) were forcibly moved to Oklahoma;
     3,000 still survive today
"Texas has yet to learn submission to any oppression.“ – Sam Houston

THE BIRTH OF TEXAS
                      Desire for Land
• Americans coveted Texas
• 1823: independent Mexico granted Stephen Austin what is today Texas.
• Immigrants were to be Catholic and properly Mexicanized.
• Restrictions were largely ignored by Americans
• Friction between Mexicans and Americans over issues of slavery,
  immigration, & local rights
• Mexico emancipated its slaves in 1830 and prohibited importation into
  Texas.
• Prohibited further settlement by Americans.
• Texans refused , settlers continued to bring slaves.

• In 1835, Mexican dictator Santa Anna erased all local rights and raised an
  army to suppress Texans.
               Texas Independence
• 1836 -- Sam Houston, commander in chief
      1. Santa Anna and 6,000 man army and
  swept through Texas.
      2. Killed 342 American volunteers.
      3. Trapped and killed all Americans at the
  Alamo
• Houston's army victorious at San Jacinto
• American aid important to Texas' fight for
  independence
   – America's neutrality laws overshadowed by
     public opinion which nullified existing
     legislation
   – Mexicans complained US obligated to honor
     its international neutrality law
                  Jackson's dilemma
• To recognize Texas was to touch off
  explosive slavery issue
• Recognized Texas the day before he left
  office in 1837.
• Texas officially petitioned to be annexed
• Antislavery crusaders in the North
  opposed it.
• Southerners welcomed idea of
  annexation.

• Texas left to protect itself
         a. Feared reprisals from Santa
  Anna
         b. Courted British and French for
  aid.
         c. Houston became the first
  president of the Independent Republic of
  Texas.
             Election of 1836
• Birth of the Whigs (heirs of Hamilton’s
  Federalist ideas)
• Emerged when Clay and Calhoun joined forces
• Mutual hatred of Jackson: "King Andrew I"

• Evolved into a national political party of
  groups alienated by Jackson.
 Whigs                                   Democrats
• Supported by northern                  • Supported by the common
  industrialists and merchants             people and machine politicians in
                                           the East
• Sought to reduce the spoils system
                                         • States’ Rights – opposed to
• Southern states’ rights advocates
                                           "American System"
  angry at Jackson’s stand on
  nullification                          • Favored spoils system
• Evangelicals from Anti-Masonic         • Anti-monopoly—favored
  party joined                             increased competition
• Later supported moral reforms:         • Believed federal gov’t should not
  prohibition of alcohol and abolition     be involved in people’s personal
  of slavery                               lives
• Sought to use national gov’t to
  solve societies problems (over
  states’ rights issues)
• Many Whig principles became the
  foundation for the modern-day
  Republican party
             Election of 1840
         William Henry Harrison
• Martin Van Buren
• Jackson decided not to
  run for a third term.
• Van Buren def. Harrison
  170-73; 765,483 to
  739,795 in popular vote.
JACKSON’S LEGACY
                 Jackson's Legacy
Positive Contributions
       1. strong executive leadership
       2. champion of the common people in politics
       3. United followers into powerful Democratic Party


Liabilities
         1. spoils system
         2. Killing the BUS resulted in thousands of bank failures
         3. Trail of Tears.
         4. Cabinet crisis and break with Calhoun resulted in
   increased sectionalism.
       Van Buren's presidency
• Patronage policies
• 4 years of turmoil and trouble
• Rebellion in Canada threatened war with
  Britain
• Antislavery northerners condemning
  prospective annexation of Texas.
• Panic of 1837
                Panic of 1837
• Most important cause: over-speculation
• Land speculators in the West borrowed heavily
  from "wildcat banks.“
• Speculation spread to canals, roads, and slaves.
• Unable to pay back loans causing bank failures
• Flour Riot: Crop failures forced high grain prices
• Failure of two major British banks causes English
  investors to call in foreign loans.
                     Results
•   American banks collapsed
•   Commodity prices and sale of public land fell
•   customs revenues dried up.
•   Factories closed; unemployment soared.

• Van Buren's Jacksonian philosophy of limited
  gov't involvement thwarted action.
  Treasury Bill of 1840 ("Divorce Bill")

• Van Buren was convinced that part of the problem was due
  to federal funds being given to private banks.
• Used Jacksonian principle of "divorcing" gov't from banks
  altogether.
• Independent Treasury System established where gov't
  could lock its surplus in vaults in several of the larger cities.

• Funds were safe but also denied the banking system
  reserves which shriveled available credit resources.

• Policy condemned by the Whigs and repealed next year
  when they won the presidency.
         -- Reenacted in 1846 by victorious Democrats (Polk).
       Election of 1840
• Van Buren re-nominated by Democrats

• Whigs once again chose William H. Harrison over both Clay and
  Webster
• Whigs created false myths about Harrison being a poor farmer
  from a log cabin: “Log Cabin and Hard Cider"

• Voters blamed the depression on Van Buren
• Harrison defeats Van Buren

• Significance
       1. First mass-turnout election in American history
       2. Propaganda and silly slogans set unfortunate example
  for future campaigns.
       3. Liberty Party, 1st anti-extension of slavery party

				
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