Chap 9 test/notes

Study Guide:

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REMEMBER: ARTICLE 1 SEC 8 CLAUSE 18 


George Washington’s America:

  • April 30, 1789, GW sworn as America’s first president at Federal Hall in NYC 

  • GW appeared nervous and as if he would rather face a cannon and musket fire (during his inauguration) 

  • After delivering speech, GW walked up Broadway with a group of legislators and local political leaders to pray at Trinity Church 

  • By 1790, about 4 million people lived in US, and slaves made up 20% of total pop 

  • Around 1790s, warring European nations looked to American farms for foodstuff

  • 1795: household responsibilities fell more to women while men worked the heavy plows 

  • Merchants gathered finished shoes, brooms, hats, cloth, and other homemade goods on weekly rounds 

  • In NY, the wealthiest 4% of the population owned over 50% of the wealth 

  • By 1789, 50% to 75% of adult white men were enfranchised 

  • 1790: Vermont granted the vote to all free men 

  • Women who owned property could vote in NJ (eventually abolished 1807) 

  • 1790s: African American males who owned property could vote in NY,  PA, CT, MA, NH, VT, ME, NC, TN, MD

Acts of 1789:

The Tariff Act 1789: July 4 

  •  Signed into law by President GW on July 4, 1789

  • Along with the Collection Act of 1789, aimed to raise federal government revenues

  • Established the first schedule of import duties and created a 10% duty on imports carried on vessels not of the US 

  • Levied a duty on imported goods such as hemp, nails, glass, earthenware, coffee, tea, cocoa, and sugar 

  • Aimed to raise money to support the US government and encourage/protect manufacturers 

  • Alexander Hamilton argued that tariffs would encourage domestic industry and protect US industry from subsidies 

  • Tariffs were a key source of federal revenue for over a century, with sugar duties accounting for about 20% of all import duties 

The Tonnage Act 1789: July 20 

  • Divided nation over issues like raising money, establishing a public credit system, paying national debt, and establishing a national bank

  • Federalist leaders like Alexander Hamilton, Thomas Jefferson, and James Madison represented people’s ideas 

  • Federalists proposed multiple solutions to these issues, establishing GW as a potential leader 

  • Revenue raising was the first economic issue, led to the Tonnage Act of 1789, taking both American and foreign ships 

  • This act initiated increased revenue but didn’t establish a sound fiscal discipline


The Judiciary Act 1789: September 24 

  • 3 tiered judicial system 

  • Supreme Court: 1 (1 chief/5 associated) 

  • Circuit Courts: 3

  • District Courts: 13 

  • Was a compromise between those advocating for full federal jurisdiction and those opposing lower federal courts 

  • Federal judges presides over a US district court in each state and Kentucky & Maine 

  • Middle tier consisted of US circuit courts, which served as the principal trial courts in the federal system 

  • Circuit riding allowed justices to travel to designated meeting places within the districts of each circuit 

  • Acknowledged the legitimacy of state courts and protected individual rights while ensuring the supremacy of the federal judiciary 

  • Extended the jurisdiction of circuit courts to cases where the parties were residents of diff states, enhancing the importance of the federal courts 

  • Provided a charter for the federal judicial system, specifying the jurisdiction and powers of district and circuit courts, and the qualifications and authority of federal judges, district attorneys court clerks, US Marshals (Census), and Deputy Marshals 

  • Created 13 judicial districts w/ the 11 states that had ratified the Constitution

SCOTUS & John Jay

  • John Jay

    • American politician, revolutionary, diplomat, statesman, first Chief Justice (1789-1795)

    • President of Continental Congress (1778-1779) 

    • Minister to Spain/France 

    • Shaped U.S. foreign policy 

    • Negotiated Jay’s Treaty (1794) & peace w/ France 

    • Co-wrote Federalist papers w/ Madison & Hamilton 

    • Governor of NY (1795-1801)

    • Strong opponent of slavery 

    • Succeeded in gradual emancipation (1799)

    • Declined position of Secretary of State; became First Chief Justice (Sep 24, 1789)

  • The Supreme Court’s initial 3 years focused on establishing rules & procedures (including attorney admissions and commission readings)

  • Justices rode circuit, presiding over various federal district cases 

  • John Jay engaged in political affairs, leveraging his limited Justice workload to support President GW’s administration

  • JJ spread info about GW’s neutrality and published reports on Edmond-Charles Genet’s campaign for French support 

  • In 1790, JJ set a precedent for the Court’s independence by refusing Hamilton’s request to endorse legislation on state debts, emphasizing the Court’s role in constitutional rulings 

  • Famous Cases: 

    • Van Staphorst v. Maryland (1791)

      •  First Supreme Court case docketed; settled before oral arguments 

      • Van Staphorst brothers loaned Maryland during Revolutionary War 

      • Maryland refused repayment; settlement reached before litigation 

    • West v. Barnes (1791) 

      • First Supreme Court case to require oral arguments 

      • William West, a Revolutionary War general and anti-federalist leader, incurred a mortgage debt from a failed molasses deal 

      • To repay, he sought state approval for lottery in 1785, allowed to pay in paper currency 

      • Barnes, an attorney and Jenckes heir, sued for gold/silver payment 

      • West initially represented himself but hired William Bradford Jr for the Supreme Court appeal 

      • David Barnes appealed procedural irregularities in the case, noting the writ was signed by a Rhode Island circuit court clerk instead of the Supreme Court clerk 

      • William West lost his farm due to this issue

      • The Supreme Court ruled that a writ of error must be issued by the Supreme Court Clerks within 10 days, per federal statue 

      • This led Congress to modify procedures in the Judiciary Act of 1792, allowing circuit courts to issue writs

      • This case raised potential for judicial review but the Supreme Court didn’t overturn Rhode Island’s statute on debt payment through paper currency 

Hamilton (Economic Plan) & Public Credit **

Step 1: First Report 

  • 1 of 4 major reports on fiscal and economic policy submitted by Founding Father & first US Treasury Secretary Alexander Hamilton (on request of Congress) 

  • Analyzed the financial standing of the US 

  • Made recommendations to reorganize the national debt & to establish the public credit 

  • Commissioned by the US House of Representatives (Sep 21, 1789)

  • Report presented on January 9, 1790 @ second session of the 1st US Congress 

  • Called for a full federal payment at face value to holders of gov securities (redemption) & federal gov to assume funding of all state debt (assumption)

  • Political stalemate in Congress that ensued led to the Compromise of 1790 (located the permanent US capital on the Potomac River 

  • Federalists’ success in winning approval for Hamilton’s reforms led to emergence of the Democratic-Republian party 

  • Set the stage for political struggles that would persist for decades in American politics 

  • The debt was able to build trust with other countries when eventually paid 

  • Most southern states had already paid off their debts (not in favor of this idea of debt paying) 

  • Need to find a capital for the country 

Step 2: Whiskey Tax and Western Grievances 

  • [Whiskey Rebellion} a violent tax protest in the US beginning in 1791 and ending in 1794 during the presidency of George Washigton 

  • “Whiskey-tax” was the first ever tax imposed on a domestic product by the newly formed federal government 

  • “W-T” became law in 1791

    • Was intended to generate revenue to pay the war debt incurred during the Revolutionary War 

  • Farmers of the western frontier were accustomed to distilling their surplus rye, barley, wheat, corn, or fermented grain mixtures to make whiskey 

    • Farmers resisted the tax 

  • Protestors used violence/intimidation to prevent federal officials from collecting the tax (throughout western Pennsylvania counties) 

  • Resistance came to climax in July 1794

    • US marshal arrived in western Pennsylvania to serve writs to distillers who had not paid the excise 

    • Alarm was raised 

    • More than 500 armed men attacked fortified home of tax inspector John Neville 

    • Washington responded by sending peace commissioners to western Pennsylvania to negotiate with the rebels 

  • Leaders of the rebels all fled before the arrival of the army 

  • About 150 men were arrested 

    • Only 20 held trial in Philly 

    • Only 2 were convicted (eventually pardoned) 

  • Whiskey Rebellion demonstrated the new national gov had the will & ability to suppress violent resistance to its laws (the executive branch’s power)

    • Though the whiskey excise remained difficult to collect 

    • Events contributed to the formation of political parties in the US (already under way) 

    • Whiskey Tax was repealed in early 1800s during the Jefferson administration 

Step 3: Second Report 

  • 2nd of 4 influential reports on fiscal and economic policy delivered to Congress by Alexander Hamilton 

  • Submitted on December 14, 1790 

  • Report called for the establishment of a central bank with the primary purpose to expand the flow of legal tender 

    • Monetized the national debt by issuing of federal bank notes 

  • Modeled on the Bank of England 

    • Privately held but publicly funded institution would also serve to process revenue fees and to perform fiscal duties for the federal government 

    • Hamilton regarded the bank as indispensable to produce a stable & flexible financial system 

  • Ease with which Federalists advanced legislation to incorporate the bank impelled agrarian opposition that was hostile to Hamilton’s emerging economic nationalism 

  • Representative James Madison challenged Congress’s broad authority to grant charters of incorporation under the “necessary and proper” clause of the US Constitution ARTICLE 1, SECTION 8, CLAUSE 18

    • Charged Hamilton with a violating a literal, strict constructionist interpretation of the founding document 

  • Bank Bill of 1791 penned to form the First Bank of the US passed without amendment in the US House of Representatives (despite JM objections) 

    • By vote of 39-20 on February 9, 1791 

    • Bank was endowed with a 20 year charter 

Step 4: Protective Tarrif

  • Tariff Act of 1789 signed on July 4, 1789 (tax on imported goods)

  • Raised many revenues for the federal gov 

  • Established first schedule of import duties and created an additional duty of 10% on imports (that were carried in vessels not from the US 

  • Levied duties on goods like glass, nails, earthware, coffee tea, cocoa, and sugar 

  • Significant for setting basics of US trade policy 

  • Intended to encourage and protect manufacturers from foreign competition, pushing for Americans to buy homemade products


Neutrality Proclamation (April 22, 1793) 

  • Issued by president GW to define the policy of the US in response to the spreading war in Europe 

  • Proclamation warned Americans that the federal government would prosecute any violations of this policy by its citizens, and they would not protect them should they try to be an aggressive nation 

  • This statement of policy triggered a fierce reaction from those who considered it a sellout of the nation’s revolutionary soul for the financial gain of the merchant class 

  • Critics believed that the proclamation marked a dishonorable betrayal of our oldest and dearest ally and to a sacred alliance made in the darkest hours of the American Revolution 

  • This proclamation was important for the constitutional precedent it established in the exertion of executive authority in the realm of foreign policy 

  • Much of the American population sympathized with the cause of revolutionary France 

The Citizen Genêt Affair (1793-1794)

  • Edmond Charles Genêt was the French minister to the United States (1793-1794).

  •  His activities led to a diplomatic crisis as the U.S. sought neutrality amid the conflict between Britain and Revolutionary France.

  • The crisis ended with Genêt’s recall and initiated U.S. procedures governing neutrality.

  •  American foreign policy in the 1790s was influenced by the French Revolution and its aftermath.

  •  French policymakers sought U.S. support to defend Caribbean colonies and sent Genêt as a skilled diplomat.

  • Genêt's duties included securing debt payments, negotiating a commercial treaty, and implementing the 1778 Franco-American treaty.

  • Genêt's actions, like issuing privateering commissions, conflicted with U.S. neutrality policies supported by President Washington's Cabinet.

  • Washington proclaimed neutrality on April 22, 1793.

  • Genêt disregarded U.S. warnings, outfitting the French privateer Little Democrat.

  • Ignoring advice to detain the ship, Genêt threatened to appeal directly to the American public.

  • He underestimated the popularity of Washington's neutrality policy and overstepped political boundaries.

  • Washington's Cabinet debated how to address Genêt's defiance, ultimately agreeing on requesting his recall.

  • Genêt allowed the Little Democrat to attack British shipping, prompting the U.S. to act decisively.

  • Jefferson's recall request coincided with a shift in French political power, leading to Genêt's recall.

  • The U.S. decided not to expel him due to concerns for his safety.

  •  The incident prompted the U.S. to solidify a consistent neutrality policy, formalized with legislation in 1794

Jay’s Treaty

  •  On November 19, 1794, the U.S. and Great Britain signed Jay’s Treaty to resolve lingering issues post-independence.

  • Despite unpopularity, it maintained peace and preserved U.S. neutrality.

  • Tensions stemmed from British market dominance, blocked American exports, and unresolved British fort occupations.

  • Impressments of American sailors and seizures heightened tensions towards war.

  • The French Revolution polarized U.S. opinions; Washington favored Britain, sending Jay to negotiate.

  • Hamilton guided the treaty's goals to stabilize relations and boost trade with Britain.

  • Jay's main leverage during negotiations was the U.S. threat to support Danish and Swedish neutrality against British aggression.

  • Hamilton informed Britain of U.S. non-involvement in neutral armament, weakening Jay's position.

  • The treaty favored Britain, addressing few U.S. interests and granting them additional rights.

  • Jay only secured the surrender of northwestern posts and a commercial treaty, limiting U.S. access to the British West Indies.

  • Unpopular with the public, it passed the Senate 20-10 on June 24, 1795, supported by President Washington for peace and U.S. rearmament

Pinckney’s Treaty 

  • Treaty of San Lorenzo (Pinckney’s Treaty) concluded on October 27, 1795, between Spanish and U.S. negotiators.

  • It resolved territorial disputes and granted U.S. ships free navigation of the Mississippi River and duty-free access to New Orleans.

  • Prior tensions centered around U.S. borders extending to the Mississippi, with parts in Spanish territory.

  • Spain had closed the river to American shipping; both claimed parts of modern Alabama and Mississippi.

  • Spanish policy initially resisted U.S. trade, changing due to losses in the French Revolutionary Wars.

  • Concerns emerged over potential Anglo-American alliances, prompting Spanish Prime Minister Godoy to negotiate with the U.S.

  • Thomas Pinckney was appointed by President Washington to represent the U.S. in negotiations.

  • Pinckney arrived in Spain in June 1795, leading to swift negotiations due to Spain's weakened position.

  • Godoy proposed the 31st parallel as the U.S.-Florida border and unrestricted Mississippi navigation, appealing to western Americans.

  • In exchange, Godoy sought a U.S. alliance, which Pinckney rejected; negotiations continued without the alliance condition.

  • An impasse arose over duties on goods in New Orleans; Pinckney threatened to withdraw without a treaty.

  • Godoy conceded, leading to the treaty signing on October 27, 1795.

  • The Treaty of San Lorenzo encouraged westward expansion, weakened Native American resistance, and bolstered the Federalist Party’s base in the West and South, marking a diplomatic shift in the U.S.-Spanish relations.

George Washington’s Farewell Address 

Unity and Sectionalism

  • Insisted that national unity was necessary to be able to preserve American independence and peace 

  • Things that separate (regional interests and misrepresentations the aims of others) should be avoided at all costs 

  • Constitution should be kept until consciously changed by the vote of the people 

The Constitution and Political Factions

  • If the Constitution cannot be overthrown, some will attempt to bring innovations to weaken the Constitution 

  • Rival fractions often seek revenge producing tragedies that lead to permanent despotism and the loss of liberty as people yield absolute power to an individual so that they can be relieved of their disorder/misery

  • Partisan politics distracts & weakens government by agitation, fomenting riots, and insurrection that enables foreign influence/corruption

  • SECTOLISM (important because of the Civil War) 

Political Parties

  • Each branch of government should confine itself to its respective constitution sphere 

    • When 1 branch seeks to consolidate power, leads to despotism 

  • To be sure to only change the Constitution by constitutional means as usurpation of power will ultimately lead to evil results 

Religion, morality, and education

  • Some scholars claim that religion is not needed for moral conduct but reason and experience prevent us from expecting national morality to prosper if the morally correct behavior taught by religion is excluded from society 

  • Moral behavior 100% necessary for a free government 

  • People cannot be neutral to attacks on national morality as it is an attack on the foundation of the government

    • also need educational institutions to disseminate knowledge & shape public opinion

Credit and government borrowing

  • Government should value its right to borrow by using the right sparingly (and promptly paying its debts

  • To pay debt off, there must be taxes 

    • government should be candid about its taxation & must be willing to accept what is necessary to pay the public debt 

Foreign relations and free trade

  • The US must keep its word and be just toward all nations (which is the way to seek peace) and its required by religion, morality, and good policy

  • Must not have permanent opposition to some nations and passionate attachment to others

George Washington’s Precedents

  • Bill of Rights

    • Originally adopted by the necessary number of states in 1791 (FOR THE STATES AND FEDERALISTS) 

    • The first 10 Amendments of the US Constitution

    • Safeguards some of the most precious American principles including:

      • freedom of speech, religion, press; the right to bear arms, to be tried by a jury, to assemble and petition the government for redress of grievances

    • Prohibits cruel and unusual punishments and arbitrary government seizure of private property 

    • JM inserted the 9th and 10th Amendment to the Constitution in order to protect the BOR from any dangers 

  • Cabinet 

    • Current presidential cabinet includes 16 members (GW’s included 4 og members: Secretary of State - Thomas Jefferson. Secretary of Treasury - Alexander Hamilton Secretary of War - Henry Knox, and Attorney General - Edmund Randolph) 

    • Washington set the precedents for how these roles would interact with the presidency, establishing the cabinet as the chief executive’s private & trusted advisors 

    • Cabinet is not mandated by either the Constitution or established law 

    • In order to establish both credibility and balance, GW chose a cabinet that included members from different regions of the country 

    • Overall purpose of the cabinet is to help the president (considered the president’s most trusted advisors) 


  • Judiciary Act of 1789 

    • Established the federal judiciary’s structure as outlined by the Constitution, creating a three-tier system

    • The Supreme Court was formed with a Chief Justice and 5 associate justices 

    • US district courts, presided over by federal judges, were established in each state, including Kentucky and Maine, to manage admiralty, maritime cases, and minor cases 

    • The middle tier consisted of US circuit courts, serving as principal trial courts with limited appellate jurisdiction, featuring two Supreme Court justices and the local district judge 

    • Justices implemented “circuit riding,” traveling within geographical circuits to hold court in designated locations 

    • The act was primarily authored by Senators Oliver Ellsworth and William Patterson 

    • Public opinion, especially from legal community, was solicited prior to the bill’s debate 

    • Concerns about the federal judiciary’s impact on state court and civil liberties prompted provisions allowing state courts concurrent jurisdiction on federal questions 

    • Federal courts were mandated to follow state jury selection procedures and defendants were guaranteed trial in their home district 

    • The act protected small debtors by setting a minimum monetary threshold for cases 

    • The debates surrounding this act conceded with discussions of the Bill of Rights, which reinforced the commitment to traditional liberties like trial by jury.

    • Compromise concerning the jurisdiction of federal courts 

    • Recognized the authority of state courts while affirming the supremacy of the federal judiciary 

    • Extended jurisdiction for circuit courts to cases involving parties from different states

    • Sec. 25 of the act allowed the Supreme Court to hear appeals from state high courts regarding constitutional questions 

    • Provisions like circuit riding led to calls for revisions of the act, yet its core structure remains today 

    • Established a federal judicial system by defining the jurisdiction and powers of district and circuit courts, as well as roles for judges, district attorneys, court clerks, and U.S. Marshals 

    • Initially, the act created 13 judicial districts within the 11 states that had ratified the Constitution, with further additions as states joined the Union 

  • Tariff Act of 1789 

    • Enacted on July 4, was one of the first significant laws passed by the first Congress under President George Washington 

    • Its primary aim was to generate revenue for the federal government through taxes on imports and duties 

    • The act utilized Congress’s constitutional powers to regulate commerce and collect taxes 

    • Established the first schedule of import duties, including a 10% additional duty on foreign vessels and a range of goods such as hemp, nails, glass, tea, coffee, and sugar  

    • While raising funds for the gov was the main goal, the act also sought to protect and encourage domestic manufacturing 

    • Most duties were fixed, with few items assessed based on their value (ad valorem rates)

    • The act’s specific provisions became less relevant by 1799, as subsequent legislation offered more comprehensive regulations 

    • Alexander Hamilton argued tariffs would shield U.S. industries from foreign subsidies 

    • Tariffs were an essential source of federal revenue prior to the 1913 authorization of the income tax, with sugar duties alone contributing around 20% of all import duties 


  • Whiskey Tax

    • Became law in 1791 

    • First ever tax imposed on a domestic product (ON A GOOD MADE HERE) by the newly formed federal government 

    • Was intended to generate revenue to pay the war debt incurred during the Revolutionary War 

    • Many farmers resisted this tax 

      • Led to the Whiskey Rebellion: a violent tax protest in the US beginning in 1791 and ending in 1794 during the presidency of GW 

      • The Whiskey Rebellion demonstrated the new national government had the will and ability to suppress violent resistance to its law 

    • Many protestors used violence/intimidation in order to prevent the federal officials from collecting the tax 

    • WT was repealed during the early 1800s during the Jefferson administration


  • BUS (bank of US) (STRICT AND LOOSE)

  • Hamilton proposed a powerful insulation for a bank of the US, of which the government would be the major stockholder and in which the federal Treasury would deposit its surplus monies 

    • Would also print urgently needed paper money and provide a sound and stabile national currency 

    • AH in general, believed that what the Constitution did not forbid it permitted, whereas Jefferson believed the opposite 

    • AH contended for a “loose” interpretation of the Constitution

    • He and the federalists revolved the theory of “loose construction” by invoking the “elastic clause” of the Constitution

  • Jefferson argued against Hamilton’s idea of a bank. He insisted there was no specific authorization in the Constitution for such a financial “octopus” 

    • TJ was convinced that all powers not specifically granted to the central government were reserved for the states. He concluded that the states, not Congress, had the power to charter banks. 

    • Tj believed that the Constitution should be interpreted “literally” or “strictly”. Specifically embraced the theory of “strict construction.” 

  • Hamilton’s idea of a bank was successful 

    • Realistic arguments were accepted by Washington, signed into the bank measure into law 

    • Much of the support for the bank came from the commercial and financial centers from the North, whereas the strongest opposition arose from the agricultural South 

  • BUS was created by Congress in 1791, was chartered for 20 years, and was located in Philly. 

  • Farewell Address

    • created a 2 term policy 

    • encouraged US citizens to respect the Constitution ‘

    • first warning that political parties could possibly divide the nation 

Political Systems:

  • Federalists:

    • Committed to a fiscally sound and nationalistic government

    • Favored a National Bank, Tariffs, and Good Relations with Britain

    • Supported Implied Powers - those powers authorized by a legal document (from the Constitution) which, while not stated, seem to be implied by powers expressly stated.

    • More conservative views

    • Composed of the elite class

  • (Jeffersonian) Republicans 

    • Committed to the rights of states, the primacy of yeoman farmers, and the principles of republicanism (liberty and inalienable rights)

    • Opposed the Jay Treaty, wanted good relations with France, not Britain

    • Opposed the ideas of a National Bank or implied powers

    • Predominantly "Anti-Administration"

  • Thomas Jefferson was a member of the Democratic Republican party “the jacobins” - alongside James Madison and Patrick Henry 

  • John Adams was a member of the Federalist Party - “the monocrats” - along with Alexander Hamilton (had been the main voice behind the Federalist Papers) 

1796 Election Explained (Questions w/ answers from classwork)

1. What was significant about the 1796 presidential election?

a. It was the first contested political election in U.S. history.

b. It resulted in a tie between the candidates.

c. It was the first election held after the Constitution was ratified.

d. It had no candidates from the Federalist Party.


2. Who chose to step down after his second term, establishing the two-term presidency?

a. Thomas Jefferson

b. John Adams

c. George Washington

d. Aaron Burr


3. Which candidate was the current vice president at the time of the election?

a. Thomas Jefferson

b. John Adams

c. Charles Pinckney

d. Aaron Burr


4. What were the two main issues in the election according to the video?

a. Foreign policy and National Bank

b. Taxation and military service

c. Slavery and states' rights

d. Education reform and infrastructure


5. Which candidate was associated with the Democratic Republicans?

a. John Adams

b. Charles Pinckney

c. Thomas Jefferson

d. George Washington


6. How many electoral votes were needed to win the presidency in the 1796 election?

a. 50

b. 138

c. 71

d. 68


7. What was the outcome of the electoral votes for the candidates?

a. John Adams won with 71 votes, and Thomas Jefferson came second.

b. Thomas Jefferson won with 68 votes, and John Adams came second.

c. Charles Pinckney won with the majority.

d. Aaron Burr won the election outright.


XYZ Affair

  •  Jay’s Treaty settled violations of the Treaty of Paris, preventing war with England but incited anger among both American and European politicians.

  • Democratic-Republicans viewed the treaty as a humiliating concession to Britain.

  • French leaders saw it as a betrayal of the Franco-American Treaty of 1778, moving towards a union with their adversary.

  • Interestingly, the treaty spurred Spain to negotiate with the U.S., resulting in the cession of Florida's panhandle and allowed free navigation of the Mississippi River, benefiting westerners, a key Democratic-Republican constituency.

  • John Adams became president in 1797 with existing issues, particularly tense relations with France due to French attacks on American shipping in response to Jay's Treaty.

  • To resolve this, Adams appointed commissioners: Charles Pinckney, John Marshall, and Elbridge Gerry.

  • Upon arrival in France, the commissioners faced hostility, negotiating through French agents labeled X, Y, and Z, who demanded a $250,000 bribe and $12 million loan before talks.

  • Pinckney rejected the demands, prompting outrage in America—including among loyal Democratic-Republicans—leading to the rallying cry: “Millions for defense, but not one cent for tribute.”

  • This incident became known as “The XYZ Affair.”

  • Federalist politicians pushed for war, gaining support for a conflict against France.

  • President Adams refused to declare war, advocating only for military buildup.

  • Congress halted commercial trade with France and renounced the 1778 alliance.

  • The army was tripled in size, and a Navy Department was established with an order for 40 warships.

  • George Washington was persuaded out of retirement to lead the military, with Alexander Hamilton as his second-in-command.

  • American privateers and the strengthened Navy captured nearly 90 French vessels over two and a half years.

  • Hamilton supported the war effort, but Adams opposed a formal declaration, fearing division and potential civil war.

  • Adams prioritized national interests during the XYZ Affair, navigating party pressures.

  • In 1799, Talleyrand signaled willingness for negotiations; Adams sent a delegation for peace.

  • By the time they reached Paris, Napoleon Bonaparte aimed to sever ties with America.

  • The resulting "Convention of 1800" annulled the 1778 treaty and dismissed French compensation claims.

  • Adams' stance on avoiding war preserved the potential for the Louisiana Purchase in 1803.

  • The threat from France diminished, but political battles at home escalated.

Alien and Sedition Acts

  • Feud w/ France escalated tensions between American political parties 

  • Democratic-Republicans and Federalists exploited the situation to undermine each other 

  • In 1798, the Federalist-controlled Congress passed the Alien and Sedition Acts to suppress the Democratic-Republicans amid rising anti-French settlement 

    • Naturalization Act: Increased residency requirement for citizenship from five to fourteen years to delay voting of poorer immigrants favoring the Democratic-Republicans.

    • Alien Enemies Act: Allowed the president to expel aliens during wartime, anticipating an imminent war with France, although war was never declared.

    • Alien Act:  Authorized deportation or imprisonment of deemed dangerous aliens, instilling fear among immigrants despite non-enforcement.

    • Sedition Act: Criminalized false criticism of government officials, targeting Democratic-Republican newspapers; 25 editors indicted, 10 convicted, showing Federalist bias.

  • The Acts backfired, as colonists angered by Federalist abuses shifted to support Thomas Jefferson and the Democratic-Republican Party.

  • Adams lost followers for signing and enforcing these laws, indicating a political shift.

  • In 1798, Thomas Jefferson and James Madison wrote resolutions challenging the constitutionality of the Alien and Sedition Acts.

  • They presented their arguments to the Democratic-Republican legislatures of Kentucky and Virginia due to Congress and the Supreme Court being Federalist-controlled.

  • Jefferson drafted a resolution for Kentucky, while Madison prepared one for Virginia.

  • The resolutions claimed that states formed a compact with the national government, granting power for the common good.

  • If a state believed the national government exceeded its constitutional bounds, it had the right to intervene and protect its citizens.

  • Jefferson argued the Federal government had overstepped its authority with the Alien and Sedition Acts, justifying state nullification of such laws.

  • Jefferson and Madison aimed to inspire other states to weaken Federalist influence and to boost the Democratic-Republican Party's membership.

  • Despite their efforts, no other states endorsed the resolutions.

  • Although the compact theory faced limited support post-Revolution, it significantly influenced political events leading to the Civil War.


Kentucky & Virginia Resolutions:

  • The Kentucky and Virginia Resolutions were drafted by Thomas Jefferson and James Madison in response to the Alien and Sedition Acts of 1798.

  • They asserted that states are united by a constitutional compact and that federal power is limited to enumerated authorities.

  • Acts exceeding these powers were deemed unconstitutional, giving states the right to determine federal law applicability.

  • Kentucky Resolutions were adopted in November 1798; Virginia Resolutions followed in December.

  • The Acts allowed deportation of aliens and criminalized criticism of the president, prompting widespread prosecutions against Democratic-Republican supporters.

  • Jefferson deemed this a "reign of witches."

  • Support for the Resolutions from other states was lacking, with many endorsing the Supremacy Clause and advocating judicial review instead.

  • Ultimately, the 1798 elections saw an increase in Federalist control, influencing Madison's later claims regarding the Resolutions' intent.

  • Secrecy surrounded the authorship of the Kentucky and Virginia Resolutions, known only to a few close associates.

  • Jefferson feared sedition charges if he or Madison publicly declared congressional acts unconstitutional.

  • Jefferson criticized the Alien and Sedition Acts as unconstitutional and an infringement on First Amendment rights.

  • The Kentucky and Virginia states expressed widespread disapproval of the Sedition Acts.

  • Jefferson's Kentucky Resolutions claimed federal acts beyond delegated powers are void, though stronger language was removed.

  • Madison’s Virginia Resolutions advocated state intervention against federal overreach, using general terms to allow flexibility in response.

  • Both resolutions aimed to counter criticisms and uphold state rights against federal authority.

  • The resolutions served as political propaganda, uniting the Democratic-Republican party.

  • Thomas Jefferson’s 1800 election eased tensions, and the Sedition Act expired in 1801, reviving interest in the resolutions amidst growing sectionalism

Quasi-War (“fought” between 1798-1800)

  • Undeclared naval conflict between the US and France (tested the resolve and diplomacy of the fledgling nation)

  • Escalating tensions between France and Great Britain put neutral US in an awkward spot 

    • Both France and Britain sought to block American trade with the other, leading to the British impressment of American sailors and the French seizures of American ships 

  • US initially sought to remain neutral, but became increasingly untenable 

  • J Treaty between US and Britain angered France because they saw it as a violation of the Franco-American alliance of 1778

  • Led for the French to capture hundreds of American merchant ships

  • During John Adams’ presidency, he sent delegation to France in order to try and solve this issue 

    • Led to the infamous XYZ affair 

  • Outraged by XYZ affair, Congress authorized the expansion of the US Navy and the capture of armed France vessels 

  • This “war” was fought primarily in the Caribbean and along the Atlantic seaboard 

  • Throughout conflict, American warships were able to capture numerous French vessels, which disrupted French privateering operations 

  • Despite many naval successes, President Adams sought a peaceful resolution

  • By 1799, both nations were annoyed by the economic strain and hostility the war had cost

  • Adams reopened diplomatic channels w/ France  

  • In 1800, the Treaty of Mort Fontaine was signed 

    • Agreement ended the Quasi war, restored peace, and nullified the 1778 Franco-American alliance, which allowed the US to remain neutral in future European conflicts 

  • Quasi War led to the establishment of a permanent US Navy, and highlighted the importance of naval power in protecting American interests 

  • Also demonstrated how the young nation was able to defend itself against a major European power and navigate complex international politics 

  • Quasi war influenced American politics and policy

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