THE CONSTITUTION AND THE NEW REPUBLIC, 1787-1800 (Chapter 6)

Wth these words, Benjamin Franklin, the oldest delegate at the Constitu

tional Convention in Philadelphia, attempted to overcome the skepticism of

other delegates about the document that they had created. Would the new docu

ment, the Constitution, establish a central government strong enough to hold 13

states together in a union that could prosper and endure?

In September 1787, when Franklin, Washington, and other delegates signed

the Constitution that they had drafted, their young country was in a troubled

condition. This chapter will summarize the problems leading to the Consti

tutional Convention, the debates in the various states on whether to ratify the

new plan of government, and the struggles of two presidents, Washington and

Adams, to meet the domestic and international challenges of the 1790s.

The United States Under the Articles, 1781-1787

Four years separated the signing of the Treaty of Paris of 1783 and the meeting

of the Constitutional Convention in Philadelphia. During that time, the gov

ernment operated under the Articles of Confederation, which consisted of a

one-house congress, no separate executive, and no separate judiciary (court sys

tem). The country faced several major problems.

Foreign Problems

Relations between the United States and the major powers of Europe were trou

bled from the start. States failed to adhere to the Treaty of Paris, which required

that they restore property to Loyalists and repay debts to foreigners. In addition,

the U.S. government under the Articles was too weak to stop Britain from main

taining military outposts on the western frontier and restricting trade.

THE CONSTITUTION AND THE NEW REPUBLIC, 1787-1800 103

Economic Weakness and Interstate Quarrels

Reduced foreign trade and limited credit because states had not fully repaid

war debts contributed to widespread economic depression. The inability to levy

national taxes and the printing of worthless paper money by many states added

to the problems. In addition, the 13 states treated one another with suspicion

and competed for economic advantage. They placed tariffs and other restric

tions on the movement of goods across state lines. A number of states faced

boundary disputes with neighbors that increased interstate rivalry and tension.

The Annapolis Convention

To review what could be done about the country's inability to overcome critical

problems, George Washington hosted a conference at his home in Mt. Ver

non, Virginia (1785). Representatives from Virginia, Maryland, Delaware, and

Pennsylvania agreed that the problems were serious enough to hold further

discussions at a later meeting at Annapolis, Maryland, at which all the states

might be represented. However, only five states sent delegates to the Annapolis

Convention in 1786. After discussing ways to improve commercial relations

among the states, James Madison and Alexander Hamilton persuaded the oth

ers that another convention should be held in Philadelphia for the purpose of

revising the Articles of Confederation.

Drafting the Constitution at Philadelphia

After a number of states elected delegates to the proposed Philadelphia con

vention, congress consented to give its approval to the meeting. It called upon

all 13 states to send delegates to Philadelphia "for the sole and express purpose

of revising the Articles of Confederation." Only Rhode Island, not trusting the

other states, refused to send delegates.

The Delegates

Of the 55 delegates who went to Philadelphia for the convention in the summer

of 1787, all were white, all were male, and most were college-educated. As a

group, they were relatively young (averaging in their early forties). With few

exceptions, they were far wealthier than the average American of their day.

They were well acquainted with issues of law and politics. A number of them

were practicing lawyers, and many had helped to write their state constitutions.

The first order of business was to elect a presiding officer and decide

whether or not to communicate with the public at large. The delegates voted

to conduct their meetings in secret and say nothing to the public about their

discussions until their work was completed. George Washington was unani

mously elected chairperson. Benjamin Franklin, the elder statesman at age 81,

provided a calming and unifying influence. The work in fashioning specific

articles of the Constitution was directed by James Madison (who came to be

known as the Father of the Constitution), Alexander Hamilton, Gouverneur

104 U.S. HISTORY: PREPARING FOR THE ADVANCED PLACEMENT® EXAM

Morris, and John Dickinson. While they represented different states, these con

vention leaders shared the common goal of wanting to strengthen the young

nation.

Several major leaders of the American Revolution were not at the con

vention. John Jay, Thomas Jefferson, John Adams, and Thomas Paine were

on diplomatic business abroad. Samuel Adams and John Hancock were not

chosen as delegates. Patrick Henry, who opposed any growth in federal power,

refused to take part in the convention.

Key Issues

The convention opened with the delegates disagreeing sharply on its funda

mental purpose. Some wanted to simply revise the Articles. Strong nationalists,

such as Madison and Hamilton, wanted to draft an entirely new document. The

nationalists quickly took control of the convention.

Americans in the 1780s generally distrusted government and feared that

officials would seize every opportunity to abuse their powers, even if they were

popularly elected. Therefore, Madison and other delegates wanted the new

constitution to be based on a system of checks and balances so that the power

of each branch would be limited by the powers of the others.

Representation Especially divisive was the issue of whether the larger

states such as Virginia and Pennsylvania should have proportionally more

representatives in Congress than the smaller states such as New Jersey and Del

aware. Madison's proposal-the Virginia Plan-favored the large states; it was

countered by the New Jersey Plan, which favored the small states. The issue

was finally resolved by a compromise solution. Roger Sherman of Connecticut

proposed what was called the Connecticut Plan or the Great Compromise. It

provided for a two-house Congress. In the Senate, states would have equal

representation, but in the House of Representatives, each state would be repre

sented according to the size of its population.

Slavery Two of the most contentious issues grew out of slavery. Should

enslaved people be counted in the state populations? The delegates agreed to the

Three-Fifths Compromise, which counted each enslaved individual as three

f

ifths of a person for the purposes of determining a state's level of taxation and

representation. Should the slave trade be allowed? The delegates decided to

guarantee that slaves could be imported for at least 20 years longer, until 1808.

Congress could vote to abolish the practice after that date if it wished.

T

rade The northern states wanted the central government to regulate

interstate commerce and foreign trade. The South was afraid that export taxes

would be placed on its agricultural products such as tobacco and rice. The

Commercial Compromise allowed Congress to regulate interstate and foreign

commerce, including placing tariffs (taxes) on foreign imports, but it prohib

ited placing taxes on any exports.

THE CONSTITUTION AND THE NEW REPUBLIC, 1787-1800 105

The Presidency The delegates debated over the president's term of

office-some argued that the chief executive should hold office for life. The

delegates limited the president's term to four years but with no limit on the

number of terms. They also debated the method for electing a president. Rather

than having voters elect a president directly, the delegates decided to assign to

each state a number of electors equal to the total of that state's representatives

and senators. This electoral college system was instituted because the delegates

f

eared that too much democracy might lead to mob rule. Finally, the delegates

debated what powers to give the president. They finally decided to grant the

president considerable power, including the power to veto acts of Congress.

Ratification On September 17, 1787, after 17 weeks of debate, the Phila

delphia convention approved a draft of the Constitution to submit to the states

for ratification. Anticipating opposition to the document, the Framers ( dele

gates) specified that a favorable vote of only nine states out of 13 would be

required for ratification. Each state would hold popularly elected conventions

to debate and vote on the proposed Constitution.

Federalists and Anti-Federalists

Ratification was fiercely debated for almost a year, from September 1787 until

June 1788. Supporters of the Constitution and its strong federal government

were known as Federalists. Opponents were known as Anti-Federalists. Feder

alists were most common along the Atlantic Coast and in the large cities while

Anti-Federalists tended to be small farmers and settlers on the western frontier.

(See table on the next page for more on the two groups.)

The Federalist Papers

A key element in the Federalist campaign for the Constitution was a series of

highly persuasive essays written for a New York newspaper by James Madison,

Alexander Hamilton, and John Jay. The 85 essays, later published in book form

as The Federalist Papers, presented cogent reasons for believing in the practi

cality of each major provision of the Constitution.

Outcome

The Federalists won early victories in the state conventions in Delaware, New

Jersey, and Pennsylvania-the first three states to ratify. By promising to add a

bill of rights to the Constitution, they successfully addressed the Anti-Federal

ists' most telling objection. With New Hampshire voting yes in June 1788, the

Federalists won the necessary nine states to achieve ratification of the Consti

tution. Even so, the larger states of Virginia and New York had not yet acted.

If they failed to ratify, any chance for national unity and strength would be in

dire jeopardy.

106 U.S. HISTORY: PREPARING FOR THE ADVANCED PLACEMENT® EXAM

Debating the Constitution

Federalists

Leaders

Arguments

Strategy

Advantages

George Washington,

Benjamin Franklin, James

Madison, Alexander

Hamilton

Stronger central government

was needed to maintain

order and preserve the Union

Emphasized the weaknesses

Anti-Federalists

From Virginia: George

Mason and Patrick Henry;

From Massachusetts:

James Winthrop and John

Hancock; From New York:

George Clinton

Stronger central govern

ment would destroy the

work of the Revolution,

limit democracy, and restrict

states' rights

of the Articles of Confedera

tion; showed their oppo

nents as merely negative

opponents with no solutions

Strong leaders; well organ

ized

Disadvantages

Constitution was new and

untried; as originally written,

it lacked a bill of rights

Argued that the proposed

Constitution contained no

protection of individual

rights, that it gave the

central government more

power than the British ever

had

Appealed to popular dis

trust of government based

on colonial experiences

Poorly organized; slow to

respond to Federalist

challenge

Virginia In 1788, Virginia was by far the most populous of the origi

nal 13 states. There, the Anti-Federalists rallied behind two strong leaders,

George Mason and Patrick Henry, who viewed the Constitution and a strong

central government as threats to Americans' hard-won liberty. Virginia's Fed

eralists, led by Washington, Madison, and John Marshall, managed to prevail

by a close vote only after promising a bill of rights.

Final States News of Virginia's vote had enough influence on New

York's ratifying convention (combined with Alexander Hamilton's efforts) to

win the day for the Constitution in that state. North Carolina in November

1789 and Rhode Island in May 1790 reversed their earlier rejections and thus

became the last two states to ratify the Constitution as the new "supreme law

of the land."

THE CONSTITUTION AND THE NEW REPUBLIC, 1787-1800 107

Adding the Bill of Rights

Did the Constitution need to list the rights of individuals? Anti-Federalists

argued vehemently that it did, while Federalists argued that it was unnecessary.

Arguments for a Bill of Rights

Anti-Federalists argued that Americans had fought the Revolutionary War to

escape a tyrannical government in Britain. What was to stop a strong central

government under the Constitution from acting similarly? Only by adding a bill

of rights could Americans be protected against such a possibility.

Arguments Against a Bill of Rights

Federalists argued that since members of Congress would be elected by the peo

ple, they did not need to be protected against themselves. Furthermore, people

should assume that all rights were protected rather than create a limited list of

rights that might allow unscrupulous officials to assert that unlisted rights could

be violated at will.

In order to win adoption of the Constitution in the ratifying conventions, the

Federalists finally backed off their position and promised to add a bill of rights

to the Constitution as the first order of business for a newly elected Congress.

The First Ten Amendments

In 1789, the first Congress elected under the Constitution acted quickly to adopt

a number of amendments listing people's rights. Drafted largely by James Mad

ison, the amendments were submitted to the states for ratification. The ten that

were adopted in 1791 have been known ever since as the U.S. Bill of Rights.

Originally, they provided protection against abuses of power by the central ( or

federal) government. Since the ratification of the 14th Amendment in 1868,

most of the protections have been extended to apply to abuses by state govern

ments as well. Below is the text of the Bill of Rights.

First Amendment "Congress shall make no law respecting an estab

lishment of religion, or prohibiting the free exercise thereof; or abridging the

f

reedom of speech, or of the press, or the right of the people peaceably to assem

ble, and to petition the Government for a redress of grievances."

Second Amendment "A well regulated Militia, being necessary to the

security of a free State, the right of the people to keep and bear Arms, shall not

be infringed."

Third Amendment "No Soldier shall, in time of peace be quartered in any

house, without the consent of the Owner, nor in time of war, but in a manner

prescribed by law."

Fourth Amendment "The right of the people to be secure in their per

sons, houses, papers, and effects, against unreasonable searches and seizures

shall not be violated, and no Warrants shall issue, but upon probable cause,

supported by Oath or affirmation, and particularly describing the place to be

searched, and the persons or things to be seized."

108 U.S. HISTORY: PREPARING FOR THE ADVANCED PLACEMENT® EXAM

Fifth Amendment "No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a Grand

Jury, except in cases arising in the land or naval forces, or in the Militia, when

in actual service in time of War or public danger; nor shall any person be sub

ject for the same offence to be twice put in jeopardy of life or limb; nor shall be

compelled in any criminal case to be a witness against himself, nor be deprived

of life, liberty, or property, without due process of law; nor shall private prop

erty be taken for public use without just compensation."

Sixth Amendment "In all criminal prosecutions, the accused shall en

joy the right to a speedy and public trial, by an impartial jury of the State and

district wherein the crime shall have been committed; which district shall have

been previously ascertained by law, and to be informed of the nature and cause

of the accusation; to be confronted with the witnesses against him; to have

compulsory process for obtaining witnesses in his favor, and to have the assis

tance of counsel for his defense."

Seventh Amendment "In suits of common law, where the value in contro

versy shall exceed twenty dollars, the right of trial by jury shall be preserved,

and no fact tried by a jury shall be otherwise re-examined in any Court of the

United States, than according to the rules of the common law."

Eighth Amendment "Excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishments inflicted."

Ninth Amendment "The enumeration in the Constitution of certain rights

shall not be construed to deny or disparage others retained by the people."

Tenth Amendment "The powers not delegated to the United States by

the Constitution, nor prohibited by it to the States, are reserved to the States

respectively, or to the people."

Washington's Presidency

Members of the first Congress under the Constitution were elected in 1788 and

began their first session in March 1789 in New York City (then the nation's

temporary capital). People assumed that George Washington would be the

electoral college's unanimous choice for president, and indeed he was.

Organizing the Federal Government

Washington took the oath of office as the first U.S. president on April 30, 1789.

From then on, what the Constitution and its system of checks and balances

actually meant in practice would be determined from day to day by the deci

sions of Congress as the legislative branch, the president as the head of the

executive branch, and the Supreme Court as the top federal court in the judicial

branch.

THE CONSTITUTION AND THE NEW REPUBLIC, 1787-1800 109

Executive Departments As chief executive, Washington's first task was

to organize new departments of the executive (law-enforcing) branch. The Con

stitution authorizes the president to appoint chiefs of departments, although

they must be confirmed, or approved, by the Senate. Washington appointed

four heads of departments: Thomas Jefferson as secretary of state, Alexan

der Hamilton as secretary of the treasury, Henry Knox as secretary of war,

and Edmund Randolph as attorney general. These four men formed a cabinet

of advisers with whom President Washington met regularly to discuss major

policy issues. Today, presidents still meet with their cabinets to obtain advice

and information.

Federal Court System The only federal court mentioned in the Constitu

tion is the Supreme Court. Congress, however, was given the power to create

other federal courts with lesser powers and to determine the number of justices

making up the Supreme Court. One of Congress' first laws was the Judiciary

Act of 1789, which established a Supreme Court with one chief justice and five

associate justices. This highest court was empowered to rule on the constitu

tionality of decisions made by state courts. The act also provided for a system

of 13 district courts and three circuit courts of appeals.

Hamilton's Financial Program

One of the most pressing problems faced by Congress under the Articles had

been the government's financial difficulties. Alexander Hamilton, secretary

of the treasury, presented to Congress a plan for putting U.S. finances on a

stable foundation. Hamilton's plan included three main actions. (1) Pay off the

national debt at face value and have the federal government assume the war

debts of the states. (2) Protect the young nation's "infant" (new and develop

ing) industries and collect adequate revenues at the same time by imposing

high tariffs on imported goods. (3) Create a national bank for depositing gov

ernment funds and printing banknotes that would provide the basis for a stable

U.S. currency. Support for this program came chiefly from northern merchants,

who would gain directly from high tariffs and a stabilized currency.

Opponents of Hamilton's financial plan included the Anti-Federalists, who

feared that the states would lose power to the extent that the central govern

ment gained it. Thomas Jefferson led a faction of southern Anti-Federalists

who viewed Hamilton's program as benefiting only the rich at the expense of

indebted farmers. After much political wrangling and bargaining, Congress

f

inally adopted Hamilton's plan in slightly modified form. For example, the

tariffs were not as high as Hamilton wanted.

Debt Jefferson and his supporters agreed to Hamilton's urgent insis

tence that the U.S. government pay off the national debt at face value and also

assume payment of the war debts of the states. In return for Jefferson's support

on this vital aspect of his plan, Hamilton agreed to Jefferson's idea to establish

the nation's capital in the South along the Potomac River (an area that, after

Washington's death, would be named Washington, D.C.).

110 U.S. HISTORY: PREPARING FOR THE ADVANCED PLACEMENT® EXAM

National Bank Jefferson argued that the Constitution did not give Con

gress the power to create a bank. But Hamilton took a broader view of the

Constitution, arguing that the document's "necessary and proper" clause

authorized Congress to do whatever was necessary to carry out its enumerated

powers. Washington supported Hamilton on the issue, and the proposed bank

was voted into law. Although chartered by the federal government, the Bank

of the United States was privately owned. As a major shareholder of the bank,

the federal government could print paper currency and use federal deposits to

stimulate business.

Foreign Affairs

Washington's first term as president (1789-1793) coincided with the outbreak

of revolution in France, a cataclysmic event that was to touch off a series of

wars between the new French Republic and the monarchies of Europe. Wash

ington's entire eight years as president, as well as the four years of his successor,

John Adams, were taken up with the question of whether to give U.S. support

to France, France's enemies, or neither side.

The French Revolution Americans generally supported the French

people's aspiration to establish a republic, but many were also horrified by

reports of mob hysteria and mass executions. To complicate matters, the U.S.

French alliance remained in effect, although it was an alliance with the French

monarchy, not with the revolutionary republic. Jefferson and his supporters

sympathized with the revolutionary cause. They also argued that, because Brit

ain was seizing American merchant ships bound for French ports, the United

States should join France in its defensive war against Britain.

Proclamation of Neutrality (1793) Washington, however, believed that

the young nation was not strong enough to engage in a European war. Resist

ing popular clamor, in 1793 he issued a proclamation of U.S. neutrality in the

conflict. Jefferson resigned from the cabinet in disagreement with Washing

ton's policy.

"Citizen" Genet Objecting to Washington's policy, "Citizen" Edmond

Genet, the French minister to the United States, broke all the normal rules of

diplomacy by appealing directly to the American people to support the French

cause. So outrageous was his conduct that even Jefferson approved of Wash

ington's request to the French government that they remove the offending

diplomat. Recalled by his government, Genet chose to remain in the United

States, where he married and became a U.S. citizen.

The Jay Treaty (1794) Washington sent Chief Justice John Jay on a

special mission to Britain to talk that country out of its offensive practice of

searching and seizing American ships and impressing seamen into the British

navy. After a year of negotiations, Jay brought back a treaty in which Britain

agreed to evacuate its posts on the U.S. western frontier. But the treaty said

nothing about British seizures of American merchant ships. Narrowly ratified

THE CONSTITUTION AND THE NEW REPUBLIC, 1787-1800 111

by the Senate, the unpopular Jay Treaty angered American supporters of France,

but it did maintain Washington's policy of neutrality, which kept the United

States at peace.

The Pinckney Treaty (1795) Totally unexpected was the effect that the

Jay Treaty had on Spain's policy toward its territories in the Americas. Seeing

the treaty as a sign that the United States might be drawing closer to Spain's

longtime foe Britain, Spain decided to consolidate its holdings in North Amer

ica. The Spanish influence in the Far West had been strengthened by a series

of Catholic missions along the California coast but they were concerned about

their colonies in the Southeast. Thomas Pinckney, the U.S. minister to Spain,

negotiated a treaty in which Spain agreed to open the lower Mississippi River

and New Orleans to American trade. The right of deposit was granted to Ameri

cans so that they could transfer cargoes in New Orleans without paying duties

to the Spanish government. Spain further agreed to accept the U.S. claim that

Florida's northern boundary should be at the 31st parallel (not north of that line,

as Spain had formerly insisted).

Domestic Concerns

In addition to coping with foreign challenges, stabilizing the nation's credit,

and organizing the new government, Washington faced a number of domestic

problems and crises.

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112 U.S. HISTORY: PREPARING FOR THE ADVANCED PLACEMENT® EXAM

American Indians Through the final decades of the 18th century, set

tlers crossed the Alleghenies and moved the frontier steadily westward into

the Ohio Valley and beyond. In an effort to resist the settlers' encroachment

on their lands, a number of the tribes formed the Northwest ( or Western) Con

federacy. Initially the tribes, including the Shawnee, Delaware, Iroquois, and

others under the Miami war chief Little Turtle, won a series of bloody victories

over the local militia. Americans on the frontier were incensed by evidence that

the British were supplying the American Indians with arms and encouraging

them to attack the "intruding" Americans. In 1794 the U.S. army led by General

Anthony Wayne defeated the Confederacy tribes at the Battle of Fallen Timbers

in northwestern Ohio. The next year, the chiefs of the defeated peoples agreed to

the Treaty of Greenville, in which they surrendered claims to the Ohio Territory

and promised to open it up to settlement.

The Whiskey Rebellion (1794) Hamilton, to make up the revenue lost

because the tariffs were lower than he wanted, persuaded Congress to pass

excise taxes, particularly on the sale of whiskey. In western Pennsylvania, the

refusal of a group of farmers to pay the federal excise tax on whiskey seemed to

pose a major challenge to the viability of the U.S. government under the Con

stitution. The rebelling farmers could ill afford to pay a tax on the whiskey that

they distilled from surplus com. Rather than pay the tax, they defended their

"liberties" by attacking the revenue collectors.

Washington responded to this crisis by federalizing 15,000 state militiamen

and placing them under the command of Alexander Hamilton. The show of force

had its intended effect, causing the Whiskey Rebellion to collapse with almost

no bloodshed. Some Americans applauded Washington's action, contrasting

it with the previous government's helplessness to do anything about Shays's

Rebellion. Among westerners, however, the military action was widely resented

and condemned as an unwarranted use of force against the common people. The

government's chief critic, Thomas Jefferson, gained in popularity as a champion

of the western farmer.

Western Lands In the 1790s, the Jay Treaty and the victory at the Battle

of Fallen Timbers gave the federal government control of vast tracts of land.

Congress encouraged the rapid settlement of these lands by passing the Public

Land Act in 1796, which established orderly procedures for dividing and sell

ing federal lands at reasonable prices. The process for adding new states to the

Union, as set forth in the Constitution, went smoothly. In 1791 Vermont became

the first new state, followed by Kentucky in 1792 and Tennessee in 1796.

Political Parties

Washington's election by unanimous vote of the Electoral College in 1789

underscored the popular belief that political parties were not needed. The Con

stitution itself did not mention political parties, and the Framers assumed none

would arise. They were soon proven wrong. The debates between Federalists

and Anti-Federalists in 1787 and 1788 were the first indication that a two-party

system would emerge as a core feature of American politics.

THE CONSTITUTION AND THE NEW REPUBLIC, 1787-1800 113

Origins

In colonial times, groups of legislators commonly formed temporary fac

tions and voted together either for or against a specific policy. When an issue

was settled, the factions would dissolve. The dispute between Federalists and

Anti-Federalists over the ratification of the Constitution closely resembled the

factional disputes of an earlier period. What was unusual about this conflict was

that it was organized-at least by the Federalists-across state lines and in that

sense prefigured the national parties that emerged soon afterward.

In the 1790s, sometimes called the Federalist era because it was dominated

largely by Federalist policies, political parties began to form around two leading

f

igures, Hamilton and Jefferson. The Federalist party supported Hamilton and

his financial program. An opposition party known as the Democratic-Repub

lican party supported Jefferson and tried to elect candidates in different states

who opposed Hamilton's program. The French Revolution further solidified the

formation of national political parties. Americans divided sharply over whether

to support France. A large number of them followed Jefferson's lead in openly

challenging President Washington's neutrality policy.

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114 U.S. HISTORY: PREPARING FOR THE ADVANCED PLACEMENT® EXAM

Differences Between the Parties

The Federalists were strongest in the northeastern states and advocated the

growth of federal power. The Democratic-Republicans were strongest in the

southern states and on the western frontier and argued for states' rights. (See

the table on the next page for additional differences between the parties.) By

1796, the two major political parties were already taking shape and becom

ing better organized. In that year, President Washington announced that he

intended to retire to private life at the end of his second term.

Washington's Farewell Address

Assisted by Alexander Hamilton, the retlnng president wrote a farewell

address for publication in the newspapers in late 1796. In this message, which

had enormous influence because of Washington's prestige, the president spoke

about policies and practices that he considered unwise. He warned Americans

• not to get involved in European affairs

• not to make "permanent alliances" in foreign affairs

• not to form political parties

• not to fall into sectionalism

For the next century, future presidents would heed as gospel Washington's

warning against "permanent alliances." However, in the case of political par

ties, Washington was already behind the times, since political parties were well

on their way to becoming a vital part of the American political system.

One long-range consequence of Washington's decision to leave office after

two terms was that later presidents followed his example. Presidents elected to

two terms (including Jefferson, Madison, Monroe, and Jackson) would volun

tarily retire even though the Constitution placed no limit on a president's tenure

in office. The two-term tradition continued unbroken until 1940 when Franklin

Roosevelt won election to a third term. Then, the 22nd Amendment, ratified in

1951, made the two-term limit a part of the Constitution.

John Adams' Presidency

Even as Washington was writing his Farewell Address, political parties were

working to gain majorities in the two houses of Congress and to line up enough

electors from the various states to elect the next president. The vice president,

John Adams, was the Federalists' candidate, while former secretary of state

Thomas Jefferson was the choice of the Democratic-Republicans.

Adams won by three electoral votes. Jefferson became vice-president,

since the original Constitution gave that office to the candidate receiving the

second highest number of electoral votes. (Since the ratification of the 12th

Amendment in 1804, the president and vice-president have run as a team.)

THE CONSTITUTION AND THE NEW REPUBLIC, 1787-1800 115

Comparison of Federalist and Democratic-Republican Parties

Federalists

Leaders

View of the Con

stitution

Foreign Policy

Military Policy

Economic Policy

John Adams

Alexander Hamilton

Interpret loosely

Create strong central

government

Pro-British

Democratic-Republicans

Thomas Jefferson

James Madison

Interpret strictly

Create weak central

government

Pro-French

Develop large peacetime

army and navy

Aid business

Create a national bank

Support high tariffs

Chief Supporters

The XYZ Affair

Northern business owners

Large landowners

Develop small peacetime

army and navy

Favor agriculture

Oppose a national bank

Oppose tariffs

Skilled workers

Small farmers

Plantation owners

Troubles abroad related to the French Revolution presented Adams with the first

major challenge of his presidency. Americans were angered by reports that U.S.

merchant ships were being seized by French warships and privateers. Seek

ing a peaceful settlement, Adams sent a delegation to Paris to negotiate with

the French government. Certain French ministers, known only as X, Y, and Z

because their names were never revealed, requested bribes as the basis for enter

ing into negotiations. The American delegates indignantly refused. Newspaper

reports of the demands made by X, Y, and Z infuriated many Americans, who

now clamored for war against France. "Millions for defense, but not one cent

f

or tribute" became the slogan of the hour. One faction of the Federalist party,

led by Alexander Hamilton, hoped that by going to war the United States could

gain French and Spanish lands in North America.

President Adams, on the other hand, resisted the popular sentiment for war.

Recognizing that the U.S. Army and Navy were not yet strong enough to fight a

major power, the president avoided war and sent new ministers to Paris.

116 U.S. HISTORY: PREPARING FOR THE ADVANCED PLACEMENT® EXAM

The Alien and Sedition Acts

Anger against France strengthened the Federalists in the congressional elec

tions of 1798 enough to win a majority in both houses. The Federalists took

advantage of their victory by enacting laws to restrict their political opponents,

the Democratic-Republicans. For example, since most immigrants voted

Democratic-Republican, the Federalists passed the Naturalization Act, which

increased from 5 to 14 the years required for immigrants to qualify for U.S.

citizenship. They also passed the Alien Acts, which authorized the president to

deport aliens considered dangerous and to detain enemy aliens in time of war.

Most seriously, they passed the Sedition Act, which made it illegal for news

paper editors to criticize either the president or Congress and imposed fines or

imprisonment for editors who violated the law.

The Kentucky and Virginia Resolutions

Democratic-Republicans argued that the Alien and Sedition Acts violated

rights guaranteed by the 1st Amendment of the Constitution. In 1799, however,

the Supreme Court had not yet established the principle of judicial review (see

Chapter 7). Democratic-Republican leaders challenged the legislation of the

Federalist Congress by enacting nullifying laws of their own in the state legis

latures. The Kentucky legislature adopted a resolution that had been written by

Thomas Jefferson, and the Virginia legislature adopted a resolution introduced

by James Madison. Both resolutions declared that the states had entered into

a "compact" in forming the national government, and, therefore, if any act of

the federal government broke the compact, a state could nullify the federal law.

Although only Kentucky and Virginia adopted nullifying resolutions in 1799,

they set forth an argument and rationale that would be widely used in the nul

lification controversy of the 1830s (see Chapter 10).

The immediate crisis over the Alien and Sedition Acts faded when the

Federalists lost their majority in Congress after the election of 1800, and the

new Democratic-Republican majority allowed the acts to expire or repealed

them. In addition, the Supreme Court under John Marshall asserted its power

in deciding whether a certain federal law was constitutional.

The Election of 1800

During Adams' presidency, the Federalists rapidly lost popularity. People dis

liked the Alien and Sedition Acts and complained about the new taxes imposed

by the Federalists to pay the costs of preparing for a war against France. Though

Adams avoided war, he had persuaded Congress that building up the U.S. Navy

was necessary for the nation's defense.

THE CONSTITUTION AND THE NEW REPUBLIC, 1787-1800 117

Election Results

The election of 1800 swept the Federalists from power in both the executive

and legislative branches of the U.S. government. A majority of the presidential

electors cast their ballots for two Democratic-Republicans: Thomas Jefferson

and Aaron Burr. Because both these candidates received the same number of

electoral ballots, it was necessary (according to the rules in the original Consti

tution) to hold a special election in the House of Representatives to break the

tie. In December 1800 the Federalists still controlled the House. They debated

and voted for days before they finally gave a majority to Jefferson. (Alexander

Hamilton had urged his followers to vote for Jefferson, whom he considered

less dangerous and of higher character than Burr.)

Democratic-Republican lawmakers elected in 1800 took control of both the

House and the Senate when a new Congress met in March 1801.

A Peaceful Revolution

The passing of power in 1801 from one political party to another was accom

plished without violence. This was a rare event for the times and a major

indication that the U.S. constitutional system would endure the various strains

that were placed upon it. The Federalists quietly accepted their defeat in the

election of 1800 and peacefully relinquished control of the federal government

to Jefferson's party, the Democratic-Republicans. The change from Federalist

to Democratic-Republican control is known as the Revolution of 1800.

HISTORICAL PERSPECTIVES: WHAT DOES THE CONSTITUTION MEAN?

From the moment it was drafted in 1787, the U.S. Constitution has been

a continuing subject of controversy. As political issues changed from

one era to the next, Americans changed their views of how the Constitu

tion should be interpreted. The dispute between the Federalists and the

Anti-Federalists over the proper powers of the central government has

never been completely resolved and, to a certain extent, continues to be

debated by modern-day Republicans and Democrats.

In the decades preceding the Civil War (1790-1860), the chief con

stitutional issue concerned the nature of the federal union and whether

the states could nullify acts of the federal government. The North's tri

umph in the Civil War settled the issue in favor of centralized power

and against southern champions of states' rights. In the post-Civil War

era, northerners regarded Hamilton and other Federalist Framers of the

Constitution as heroes. At the same time, states' -rights advocates were

portrayed as demagogues and traitors.

In the early 20th century, a change in politics again brought a

change in scholars' views toward the Framers of the Constitution. React

ing to the excesses of big business, certain historians identified economic

factors and class conflict as the primary force behind the Constitutional

118 U.S. HISTORY: PREPARING FOR THE ADVANCED PLACEMENT® EXAM

Convention of 1787. Published in 1913, at the height of the Progressive

era, Charles Beard's An Economic Interpretation of the Constitution

argued that, in writing the Constitution, the Framers were chiefly moti

vated by their own economic interests in preserving their wealth and

property. Beard's controversial thesis dominated historical scholarship on

the Constitution for almost 50 years. Expanding on Beard's thesis, some

historians have argued that even the sectional differences between north

ern Framers and southern Framers were chiefly economic in nature.

In recent years, many historians have concluded that the economic

interpretation of the Framers' motives, while valid up to a point, over

simplifies the issues of the 1780s. Historians place greater stress on the

philosophical and intellectual backgrounds of the delegates at Philadel

phia and explain how they shared similar 18th-century views of liberty,

government, and society.

Summary of Chapter 6

The text outlines the events leading to the drafting and ratification of the U.S. Constitution, the challenges faced during the period under the Articles of Confederation, and the early presidency of George Washington.

**Historical Context**
Benjamin Franklin, the eldest delegate at the Constitutional Convention, sought to address skepticism about the Constitution, which aimed to create a solid central government capable of uniting the 13 states. Following the Treaty of Paris in 1783, the U.S. operated under the Articles of Confederation from 1781 to 1787, which led to numerous issues, such as foreign relations problems and economic weakness.

**Problems Under the Articles**
Foreignly, states did not adhere to the Treaty of Paris, failing to restore properties to Loyalists and repay debts, contributing to a perception of a weak national government that could not prevent British interference. Economically, reduced trade and inability to levy taxes led to a depression while interstate quarrels over tariffs and borders created tensions among states.

**Annapolis Convention**
In response to these pressing issues, the Annapolis Convention was held, leading to a call for a Constitutional Convention in Philadelphia. Delegates from different states convened in secret to draft a new Constitution, with George Washington elected as chairperson. The convention included influential figures like James Madison, who became known as the Constitution's Father.

**Major Debates at the Convention**
Key debates focused on representation, with larger states advocating for the Virginia Plan while smaller states preferred the New Jersey Plan. The Connecticut Compromise, or Great Compromise, established a bicameral legislature to balance these needs. Other contentious issues included the counting of enslaved persons in representation (resolved by the Three-Fifths Compromise) and the regulation of commerce.

**Ratification Battle**
The proposed Constitution faced fierce opposition from Anti-Federalists who feared it would create a powerful central government, whereas Federalists argued for its necessity. The Federalist Papers helped to sway public opinion, leading to the eventual ratification of the Constitution in 1788 after the promise of a Bill of Rights.

**Bill of Rights**
The first ten amendments to the Constitution, known as the Bill of Rights, aimed to ensure protection of individual freedoms against potential government overreach.

**Washington's Presidency**
George Washington's presidency began in 1789 amidst numerous challenges, including foreign relations impacted by the French Revolution. His policies emphasized neutrality and avoiding entanglement in foreign alliances. Washington also established the federal government's structure, appointed a cabinet, and faced domestic issues, including the Whiskey Rebellion which he quelled to uphold federal authority.

**Political Parties Emerge**
Washington's two terms witnessed the rise of political parties: the Federalists, who favored strong central government, and the Democratic-Republicans, advocating for states' rights. The Alien and Sedition Acts under President Adams attempted to suppress dissent from the opposition, but were challenged by the Kentucky and Virginia Resolutions, asserting states' rights to nullify federal laws.

**Election of 1800**
The election of 1800 marked a significant political shift as the Federalists lost power, leading to a peaceful transition to Democratic-Republican control, which solidified the U.S. constitutional system. This peaceful transfer of power was termed the Revolution of 1800, showcasing the resilience of the young republic.

**Conclusion**
The creation and ratification of the Constitution laid the foundation for the United States government, addressing the challenges of the Articles of Confederation and establishing a framework that continues to adapt to modern challenges while emphasizing both the strength and limits of federal power.