Opposition
to Madison's proposal developed immediately. William Paterson of New Jersey,
noting that the large-state plan would give considerable power to states like
Virginia and New York, offered a less radical departure from the Articles of
Confederation. The New Jersey plan, or “ small-state” plan, kept the one-house
legislature of the Confederation Congress but expanded its powers to include
raising revenue and regulating commerce. The members were chosen by the state
legislatures and each state was given one vote. A multi-person executive
elected by the legislature was proposed. The executives, who were removable by
action of the majority of the governors, also appointed judges to a supreme
court. Laws passed by the legislature were binding on the states, and the
multiperson executive was authorized to compel obedience to the law.
The
Great Compromise. The New Jersey Plan was rejected, but the apportionment of
representation in Congress continued to divide the Constitutional Convention.
The large states wanted proportional representation (based on population), and
the small states demanded equal representation (one state, one vote). The
solution to the dilemma came through the Great Compromise (also known as the
Connecticut Compromise), which made the number of seats in the House of
Representatives proportional to each state's population and each representative
elected directly by the people. In the Senate, each state would have two
independently voting senators to be chosen by the state legislatures.
Slavery
and the presidency. The issue of whether or how to count slaves in each state's
population was resolved by a formula used by the Confederation Congress in
1783. For purposes of representation in the House and assessing direct taxes to
the states, population was determined by the “whole number of free persons” and
“three fifths of all other persons.” The phrase “all other persons” meant
slaves. In addition to the Three-Fifths Compromise, the delegates allowed the
slave trade to continue, by denying Congress the power to prohibit it before
1808, and agreed that fugitive slaves should be returned to their masters.
The
Convention accepted a one-person executive but hotly debated how the president
should be elected—by Congress or by the people. Election of the executive was
resolved through the invention of the Electoral College. The state legislatures
would choose the same number of electors as their total number of
representatives in Congress, and the electors would vote for two presidential
candidates. The candidate who received the most votes would become president
and the person with the next highest total would become vice president. In the
event of a tie, the election would be decided by the House of Representatives,
each state having one vote in this situation.
Other
mechanisms of the new government were hammered out during the Convention. The
Constitution provides for the separation of powers, meaning that governmental
functions are in the hands of the executive, legislative, and judicial
branches, and that a system of checks and balances ensures that one branch does
not dominate the others. For example, the president can veto laws passed by
Congress, but Congress can override the veto by a two-thirds vote. Foreign
policy is in the hands of the president, but the Senate must approve all
treaties.
Ratifying
the Constitution. A minimum of nine states was needed to ratify the
Constitution. In the months after the Convention finished its work (September
1787), the debate over ratification raged in newspapers, in pamphlets, and on
the floors of state legislatures. To educate voters and stimulate public
discussion, Alexander Hamilton, James Madison, and John Jay wrote a series of
essays supporting the strong government provided for in the Constitution, which
were published in papers across the country. The articles are collectively
known as the Federalist Papers, and those who favored ratification of the new
constitution called themselves Federalists. Their opponents went by the rather
awkward name of Antifederalists, believing that the new document gave too much
power to the national government and left the states too little. Staunch
proponents of individual liberty, they strongly attacked the omission of a bill
of rights, already included in many state constitutions.
On June
21, 1788, New Hampshire became the ninth state to ratify the Constitution.
Virginia and New York, crucial because of their size and influence, narrowly
approved it five days later. Rhode Island, on the other hand, waited until May
29, 1790, to take action, but by that time, the government was already
operating under the Constitution. The last holdout states could hardly afford
to stay out of the new nation.
Organizing
the Government
George
Washington was inaugurated the first president of the United States on April
30, 1789, seven weeks late because many newly elected senators and congressmen
were delayed in reaching New York, the country's first capital. The new nation
had no real road system, and travel was slow. The administration lost no time,
however, in setting up the framework for a national government.
The
Constitution as ratified failed to address several important issues. It did not
formally protect basic civil liberties, even though many state constitutions
contained such provisions, and it left the structure of the executive branch
vague. The president was given the power to appoint officials, and mention is
made of “the principal officer in each of the executive departments,” but which
departments and what their functions might be are not spelled out. The first
omission was addressed through the amendment process, while the actual practice
of government took care of the second.
Unfinished
business: the Bill of Rights and the first cabinet. In ratifying the
Constitution, five states had insisted on adding provisions to protect the
people against governmental abuse. The new Congress thus appointed a committee
to consider possible amendments to the Constitution, which collectively became
known as the Bill of Rights. Under the leadership of James Madison, seventeen
were originally proposed; they were reduced to twelve by the Senate; ten were
eventually ratified by the states.
The most
fundamental concerns were incorporated into the First Amendment: freedom of
religion, speech, and the press and the right to peaceably assemble and to
petition the government for a redress of grievances. The Second Amendment
guaranteed that the states could form their own militias—forerunners of the
modern National Guard units—and, in a somewhat vague fashion, that people could
keep and bear arms. The Third Amendment prevented soldiers from being quartered
in private homes, which had been a grievance against British practices even
before the War for Independence. The Fourth Amendment protected people from
unreasonable search and seizure; the Fifth shielded them from
self-incrimination; the Sixth pledged citizens a speedy trial; the Seventh
ensured a trial by jury. Excessive bail and cruel and unusual punishment were
prohibited by the Eighth Amendment. The Ninth Amendment made certain that a right's
not being specifically mentioned in the Constitution was not grounds for it to
be denied to the people. The tenth and last amendment reserved certain rights
to the states and people.
There is
no provision in the Constitution for a cabinet, but the term became popular in
the 1790s to describe the group of executive officers that advises the
president. The executives would likely have met with the president in a small,
private room, or cabinet. The first cabinet members were the secretaries of
state, treasury, and war, and the attorney general. Washington asked Thomas
Jefferson to be secretary of state and Alexander Hamilton to serve as secretary
of the treasury. The two distinguished statesmen soon found themselves in
fundamental disagreement over issues larger than those specific to their
offices.
Hamilton's
reports. The United States was saddled with a large debt from the War for
Independence. Hamilton submitted recommendations for dealing with the problem
in his “ Report on the Public Credit” (January 1790). It called for funding the
national debt by printing new securities and honoring at face value the
certificates that had been issued by the Continental Congress. In addition, he
proposed that the federal government assume state debts. Hamilton did not
intend for the national debt to be totally eliminated; paying the interest
would be enough to demonstrate the financial viability of the new nation.
Hamilton's
report aroused concern from the southern states, whose leaders believed the
proposal primarily benefited speculators in the north. James Madison noted that
many of the original certificate owners—farmers and veterans, for the most
part—had long ago sold their certificates at deep discounts because they were
considered almost worthless; current holders stood to make a huge profit.
Hamilton bought the southern leaders' consent for assumption of state debts by
supporting the creation of a new national capital site in Virginia and Maryland
(the District of Columbia). Congress approved the “Report on the Public Credit”
(August 1790), and the financial benefit to the United States was virtually
immediate.
In
December, Hamilton issued his “ Report on a National Bank” to Congress. It was
approved two months later, creating a federally chartered bank, mostly under
private control, that would handle federal deposits, make loans to the
government when necessary, and issue paper notes in lieu of scarce hard cash.
It would also enrich shareholders, another positive outcome in light of
Hamilton's view that a prosperous elite was essential for the success of the
nation.
Hamilton
followed the national bank report with his “ Report on Manufactures” in
December 1791. He called for protective tariffs on imports to encourage
domestic manufacturing. The report even approved of child labor. Congress did
not support his high tariff, but Hamilton achieved the same result by charging
higher duties on goods imported on non-American ships than on American ships,
an action benefiting the growth of the U.S. merchant marine.
Opposition
to Hamilton's plans. Thomas Jefferson became the acknowledged leader of the
growing political opposition to Hamilton's policies. Their differences were
rooted in competing visions of America. Hamilton saw a country rich in urban,
merchant, financial, and in time, manufacturing interests. Jefferson saw the
United States as a land for yeoman farmers. The two factions evolved into
political parties that by 1796 were called Federalist and Republican (the
latter not to be confused with the modern Republican party). The term “
Federalist” is misleading because Federalist party supporters actually favored
a strong central government; a true federal system would have given much more
power to the states. Jeffersonian Republicans advocated low tariffs to benefit
an agrarian society and a relatively weak national government. They also
favored a strong relationship with France, then in the midst of its revolution,
while the Federalists wanted economic and political ties with Great Britain.
Federalists
and Republicans also differed in their interpretation of the Constitution.
Hamilton made much of the so-called “ elastic clause” in the Constitution
(Article I, Section 8), which authorizes Congress to make all laws “necessary
and proper” to carry out its enumerated powers. The creation of the national
bank is a pertinent example of its use. Jefferson and the Republicans, on the
other hand, favored a “strict interpretation” of the Constitution; that is, if
the Constitution didn't specifically indicate something could be done, it could
not be done. Taken to its extreme, this position would hamper the ability of
the government to deal with issues that the founders never envisioned.
Jefferson himself recognized this when he became president. Although there is
no authority in the Constitution for the acquisition of territory from another
country, he went ahead with the Louisiana Purchase (1803) because it was too
great a bargain to pass up.
The
Whiskey Rebellion. The first major test of the authority of the national
government came from western Pennsylvania. Isolated from the east coast by the
Appalachian Mountains, farmers in the region faced the serious problem of not
being able to market their crops. New Orleans, under Spanish control, was still
closed to American traffic. Because they could not ship their corn and rye down
the Ohio and Mississippi rivers, the farmers instead distilled the grains into
liquor. By reducing the size of their crop, they both enhanced its value and
made transport to market across the mountains by pack train possible.
Under
Hamilton, an excise was imposed on whiskey amounting to twenty-five percent of
the product's retail value, effectively erasing all of the farmers' profit.
Moreover, anyone accused of evading the tax had to go at his own expense to
Philadelphia for trial. Western Pennsylvania farmers were particularly incensed
because they seemed to be the main targets of the tax, as it was not evenly
enforced in all areas.
In July
1794, the Whiskey Rebellion broke out as farmers declared their defiance of the
law and rioted against tax officials, burning buildings and even calling for
secession from the United States. President Washington promptly ordered the
militias of Pennsylvania, Maryland, Virginia, and New Jersey to march against
the rebels. Opposition quickly evaporated against this combined force of almost
thirteen thousand men. Of the one hundred fifty arrested, only two were
actually convicted of treason, and Washington later pardoned both of them. The
point had been clearly made, however: federal law was to be obeyed, and violent
protest, a method successfully employed against British policies two decades
earlier, would not be tolerated.
Foreign
Policy Challenges
In
matters of foreign policy, the new nation faced a combination of unresolved
issues and new political problems. Despite Great Britain's promises to evacuate
frontier outposts, British soldiers had remained there for more than ten years.
Native Americans looked for alliances with Great Britain and Spain to curtail
American westward expansion. Across the Atlantic, the French Revolution sparked
wars against Great Britain and Spain and tested U.S. neutrality policies.
Conflicts
on the frontier. When Washington took office, the ongoing conflict between the
tribes in the Ohio Valley and white settlers demanded a solution. American
military expeditions against the Miami Confederacy (an alliance of eight
western tribes) in 1790 and 1791 both failed. Washington called for a third
expedition, led by General Anthony Wayne, a veteran of the American Revolution
who knew how to temper bravery with caution. Great Britain, which incited the
tribes in hopes of maintaining a British presence in the Northwest Territory,
did not provide any direct aid. Wayne's well-trained and well-supplied force of
more than two thousand men won a major victory in the Battle of Fallen Timbers
(August 1794). Through the Treaty of Greenville, twelve of the western tribes
yielded almost all of present-day Ohio, part of Indiana, and sites for sixteen
trading posts. Native-American resistance in the region came to an end for
almost twenty years.
U.S.
relations with the southeastern tribes were different. Washington successfully
negotiated with the Cherokee, Creek, and Choctaw without recourse to war, even
though Indian leaders in the region, most notably Creek Chief Alexander
McGillivray, played the Spaniards against the Americans, and President
Washington knew it. The Creek especially were hostile toward settlers in
Georgia, who were encroaching on their tribal lands. Washington concluded the
Treaty of New York in 1790, promising that the Creek's territorial rights would
be respected and that Georgia would restore lands to their allies, the
Chickasaw and Choctaw.
Problems
with France. The French Revolution had initially been greeted with enthusiasm
by the United States, but by 1793 many Americans were upset by the direction
the revolution had taken. The French not only executed their king and queen but
also declared war against Great Britain and Spain. Southerners became alarmed
when the French Caribbean colony of Saint Domingue broke out in revolt, the
slaves aided by the British. Northern merchants feared for their prosperity
because it rested on good relations with Great Britain, where the United States
sent most of its exports.
While
the alliance between France and the United States (created in 1778) remained in
effect, Washington knew his country was not prepared, militarily or
politically, to take sides in a European war. He issued a proclamation of
neutrality on April 22, 1793. At that time, the French government had sent
Edmond Genet as minister to the United States. Citizen Genet, as he was known,
behaved in a decidedly undiplomatic manner. Landing in Charleston, he began
recruiting volunteers to fight for France against Britain and Spain. He
appointed Revolutionary War hero George Rogers Clark a general, and Clark
advertised for troops and support for a campaign against the Spanish at New
Orleans. The effort failed for lack of money, but Genet was successful in
recruiting privateers. Nearly a thousand men responded, and American ships
flying the French flag captured more than eighty British ships.
Problems
with Great Britain. Washington was appalled by the French violations of
American neutrality. The British reacted by seizing American merchant ships in
the West Indies and abducting American sailors, forcibly enlisting them in the
British navy. This practice, known as impressment, angered most Americans. The
British claim that it was just apprehending its own deserters rang hollow amid
reports of U.S. sailors suffering violations of their rights.
Great
Britain rescinded its Orders in Council, which justified the seizure of
American ships, and Washington used this opportunity to seek a diplomatic
solution. John Jay was sent to London to negotiate a treaty to resolve the
outstanding issues between the two countries: the British forts in the
Northwest Territory, reparations for the American ships taken under the Orders,
compensation for slaves taken during the American Revolution, and an end to
trade restrictions in the West Indies. Because the British knew from Alexander
Hamilton that Washington was determined not to go to war, Jay had little
leverage in the negotiations. Nevertheless, through the Jay Treaty (1795), the
British finally agreed to withdraw from the Northwest and open the West Indies
to American trade, although with limitations on certain goods. The question of
reparations for slaves was not addressed. U.S. opposition was strong, but the
treaty was probably the best that could be achieved under the circumstances.
The Senate ultimately ratified the agreement by one vote.
Successful
negotiations with Spain. The United States fared better in solving important
issues with Spain. With Spain's war against France going badly and rumors of
French-recruited Americans planning to attack New Orleans, the Spanish
diplomats became amenable to negotiations. Washington sent Thomas Pinckney,
then serving as U.S. minister to Great Britain, to Spain. Pinckney arrived in
late June 1795 to find Spanish officials even more receptive than he had
anticipated. Spain recognized the thirty-first parallel as the southern
boundary of the United States, and removed its troops from all territory north
of the line. Americans were granted free use of the Mississippi River to its
mouth and the privilege of deposit (temporary storage) at New Orleans for three
years, with an option to renew. The privilege enabled Americans to avoid
customs duties. Commercial privileges in Spain were also granted to the United
States. All these terms were formalized with the signing of the Treaty of San
Lorenzo, also called Pinckney's Treaty, on October 27, 1795.
Ideological
Challenges
The
partial victory of the Jay Treaty and the triumph of Pinckney's Treaty
vindicated Washington's policy of neutrality. These diplomatic achievements,
however, did not solve the dilemma of a politically divided nation. Jefferson
and Hamilton, having resigned their posts, were replaced by less able men.
Washington decided that two terms as president were enough. In his farewell
message to Congress in 1797, he condemned the formation of political parties
and warned against entangling alliances with other nations, urging the United
States to stay out of Europe's quarrels. His isolationist remarks influenced
American foreign policy for more than a century.
The
election of 1796. Despite Washington's condemnation of the formation of
political parties, the Federalists and Republicans had developed into
full-blown rivals by 1796. Although the Federalists dominated Congress and the
presidency, the Republicans grew in strength, recruiting support from Irish
immigrants and French refugees from Saint Domingue. John Adams, vice president
under Washington, was the Federalist candidate for president; Thomas Pinckney
ran for vice president. Thomas Jefferson was the Republican presidential
candidate with Aaron Burr for vice president. The popular vote for this
election was not recorded—nor would votes be recorded until 1824.
The
process of selecting a president under the Constitution did not provide for
partisan elections. When the Electoral College votes were counted, Adams had
71, Jefferson 68, Pinckney 59, and Burr 30. Because the individual with the
second highest total in the Electoral College became vice president, Adams had
to serve out his presidency with Jefferson, the opposition leader, as his vice
president. This glitch was not remedied until the Twelfth Amendment was ratified
in 1804, requiring the electors to vote separately for president and vice
president. The problem caused mischief again in the election of 1800.
During
his term, Adams had to deal with a politically divided nation and opposition
from his own political party. There was still considerable support for France,
but Jefferson's defeat in the 1796 election prompted French aggression against
American ships. More than three hundred merchant ships were seized by the
French navy. In this hostile atmosphere, Adams sought to continue Washington's
neutrality policy and avoid war with France.
The XYZ
Affair. The American peace commission, which arrived in Paris in 1797, ran into
difficulties almost immediately. Charles de Talleyrand, the French foreign
minister, refused to meet with them. He referred the members to three unnamed
agents who suggested that negotiations could begin as soon as Talleyrand
received $250,000 and France obtained a $12 million loan. When the commission
submitted its report to Adams, the letters X, Y, and Z were used to identify
the French agents.
Congress
responded to this outrage against American diplomatic efforts by voting to arm
fifty-four ships to protect American commerce. Between 1798 and 1800, U.S. and
French ships fought an undeclared war in the Caribbean, with American ships
capturing ninety-three French vessels and the French just one American ship.
The Federalists also expanded the regular army to a force of ten thousand men,
even though it was highly doubtful that a land war with France would take
place. Republicans feared the use of the army against them should a civil war
break out, while the Federalists considered civil war a possibility for which
to prepare.
The
Alien and Sedition Acts. Using the possibility of a war with France as an
excuse, the Federalist-dominated Congress passed a set of laws allegedly to
protect national security but really directed toward silencing political
opposition. Taken together, the laws were called the Alien and Sedition Acts
(1798). Three of the laws affected noncitizens, but the fourth applied to U.S.
citizens and provoked a tremendous outcry of protest.
The
Alien Enemies Act authorized the president to expel aliens considered likely to
commit acts of espionage or sabotage. It remained unenforced until the War of
1812. The Alien Friends Act (which expired in June 1800), empowered the
president to expel any foreigners considered dangerous to the nation. No proof
of wrongdoing was necessary. Republicans claimed the real intent of the law was
to silence any immigrants who opposed Federalist policies. Republicans also
protested against passage of the Naturalization Act, which extended the
naturalization requirement for U.S. citizenship from five to fourteen years,
the last five of which required residence in the same state. The law was
clearly meant to prevent immigrants, especially the Irish, from voting because
they were likely to support the Republicans.
The
Sedition Act made it a crime to “combine or conspire” to oppose any policy of
the United States or to intimidate public officials. It was also illegal to
“write, print, utter, or publish” anything deemed false or scandalous about the
government of the United States, including Congress or the president—a clear
violation of the First Amendment. Under the law, which the Federalists used to
suppress opposition to their policies, healthy political dissent was lumped
with inciting rebellion. On the possibility that they might lose the election
of 1800, the Federalists set an 1801 expiration date for the Sedition Act so it
could not be used against them.
Republican
newspaper editors became the main target of the Sedition Act. Ten editors and
writers went to prison on charges of sedition, among them Vermont Congressman
Matthew Lyon. Besides writing an article criticizing Adams, Lyon had spit in a
Federalist's eye and wrestled him to the floor—not the best example of
political martyrdom—but the Republicans made the most of his imprisonment.
The
Kentucky and Virginia Resolutions. Republicans protested against the repressive
Alien and Sedition Acts. Writing anonymously, Jefferson and Madison created
philosophical justifications for states to oppose federal laws they believed
unconstitutional. Jefferson wrote the Kentucky Resolutions, and Madison wrote
the Virginia Resolutions; both were endorsed by the respective states in 1798.
The manifestos claimed that state legislatures had the right to protect the
liberties of their citizens by taking a stand against unconstitutional federal
laws; this view was called the doctrine of interposition. Another concept,
nullification, was the right of states to cancel, or nullify, federal laws they
found unacceptable. None of the other states endorsed the Kentucky or Virginia
Resolutions, which took the position that federal law was not the supreme law
of the land. However, the philosophical underpinnings of these resolutions
would surface again in the nullification controversy of the 1830s and the
efforts of John C. Calhoun to justify states' rights.
The
election of 1800. In 1800, Jefferson again ran for president with Aaron Burr as
the vice-presidential candidate. John Adams was the logical candidate for the
Federalists, but his party had split into two factions. The “High Federalists”
considered Alexander Hamilton to be their leader, and they favored such extreme
measures as declaring war on France as a ploy to win the election. Adams
opposed such ideas and took a moderate position toward France, supporting
negotiation.
Voters
wanted to avoid war with France and blamed the Federalists for drastically
increasing taxes to support an army that had no war to fight. Federalist
strength plummeted just two years after the triumph of the 1798 congressional
elections. United against the Federalists, the Republicans cast an equal number
of electoral votes (73) for Jefferson and Burr, with Adams and Charles Pinckney
receiving 65 and 64 votes, respectively. The tie threw the election into the
Federalist-controlled House of Representatives. When Burr decided to challenge his
running mate, Alexander Hamilton used his considerable influence to back
Jefferson, who was elected on the thirty-sixth ballot.
The
election of 1800 is viewed as a major watershed in American politics, marking
the beginning of Jeffersonian democracy. However, in 1800, white men who did
not own property could not vote, and women had no direct voice in politics at
all. Native Americans were clearly seen as an impediment to American expansion,
and their lands and rights were shrinking before the advance of the frontier.
For African Americans, the years following the American Revolution at first
seemed positive. Several northern states abolished slavery, and it was
prohibited in the Northwest Territory. But the Constitution accepted slavery,
and the Fugitive Slave Law of 1793 denied even free blacks the protections in
the Bill of Rights. The success of cotton as a cash crop in the southern
states, provided in part by the efficiency of the cotton gin, increased the
demand for slave labor. Jefferson had become president, but it made little or
no difference to the conditions of blacks, slave or free, Native Americans, or
women.
Jefferson's
First Term
The
inauguration of Thomas Jefferson as the nation's third president marked a
turning point in American politics. For the next two dozen years, Republican
leadership guided the nation through peace and war. While the Federalists faded
as a political force, their ideology continued to influence the country for
decades in the decisions handed down by the Supreme Court. Indeed, the
judiciary finally attained coequal status as one of the branches of government
after 1800.
The
period of Republican ascendancy witnessed the doubling of the size of the
country through the Louisiana Purchase (1803) and the addition of eight states
(1803–21). The admission of Maine and Missouri raised the expansion of slavery
into a national issue and set the stage for the sectional debates that raged in
the decades before the Civil War.
Jefferson's
first term. Jefferson had been alarmed by the growth of the national debt under
Federalist rule. Albert Gallatin, his secretary of the treasury, agreed that
the debt created high taxes that creditors manipulated to their own advantage.
Gallatin promised to eliminate the national debt in sixteen years by reducing
both military expenditures and the size of government. The Republicans also
repealed internal taxes, including the hated excise on whiskey. These policies
bore fruit; early in the administration, both military and other governmental spending
dropped, and debt declined modestly.
Despite
his strict constructionist views, Jefferson did not dismantle important
elements of the Federalist program. He saw no need, for example, to abolish the
Bank of the United States; it was working well. Nor did Jefferson
systematically replace Federalist officeholders with Republicans; rather, he
filled vacancies with his supporters as Federalists resigned or died. A number
of Federalists even served in his cabinet. In making judicial appointments,
however, Jefferson took the upper hand.
Marbury
v. Madison and judicial review. In an effort to maintain influence at the
national level, the Federalist-controlled Congress passed the Judiciary Act of
1801 at the end of February, just before Jefferson took office. The legislation
reduced the number of justices on the Supreme Court from six to five, and also
created sixteen federal judgeships, which President Adams quickly filled with
Federalists. No Republicans were on the federal bench at the time, and Jefferson
would have virtually no opportunity to appoint any during his term in office.
The appointing of “midnight judges” on Adams's last day in office prompted
Jefferson to challenge the Judiciary Act.
Secretary
of State James Madison refused to issue William Marbury his commission to serve
as justice of the peace in the District of Columbia. Marbury then petitioned
the Supreme Court to get his judgeship. Chief Justice John Marshall, a
Federalist who had recently been appointed to the Supreme Court, rejected Marbury's
plea on the grounds that the Judiciary Act of 1789 had incorrectly given the
Supreme Court the power to take such action. Meanwhile, Congress repealed the
Judiciary Act of 1801.
At first
impression, it might seem that by rejecting Marbury's claim, Marshall was not
acting in the interest of a fellow Federalist. Marshall, however, had a greater
goal in mind. By overturning part of a congressional law, he established the
Supreme Court's power of judicial review—the power to declare federal laws
invalid if they violated the Constitution. Until Marbury v. Madison (1803), the
Supreme Court had not been considered an especially important branch of the
federal government. In fact, Marshall was the fourth chief justice to serve in
a dozen years. The decision established the Court as a major force in American
politics.
The
Barbary pirates. American merchant ships entering the Mediterranean Sea were
subject to seizure by pirates operating out of Tripoli, Algiers, Tunis, and
Morocco. The United States had paid tribute to the rulers of the North African
states since the 1790s. Although maintaining peace was a cornerstone of
Republican foreign policy, Jefferson took action when the pasha of Tripoli made
extraordinary demands for payment and declared war on the United States (1801).
The conflict, which led to an American naval blockade and bombardment of
Tripoli as well as a land assault by marines, ended in 1805 when a new treaty
was signed and the United States agreed to pay a ransom for its captured
soldiers and sailors. During the same time, a threat much closer to home was
also resolved by paying cash.
The
Louisiana Purchase. Napoleon Bonaparte, who came to power in France in 1799,
dreamed of reestablishing the French empire in North America. In the following year,
he negotiated a secret treaty, the Treaty of San Ildefonso, with Spanish King
Charles IV, which returned the Louisiana Territory, lost at the end of the
Seven Years' War, to France. But the agreement did not remain secret for long.
This
turn of events just a few years after the successful Pinckney Treaty had opened
the Mississippi River and port of New Orleans to American traffic justifiably
alarmed Jefferson. His concern was reinforced when a Spanish official in New
Orleans forbade the deposit of American produce there for transshipment to
other countries, an action many Americans incorrectly believed was ordered by
Napoleon. Jefferson feared that France might leave the Mediterranean to British
influence in return for a new opportunity on the North American continent. U.S.
expansion might be blocked by France to the west and by British Canada to the
north.
In 1803,
Jefferson sent James Monroe to join Robert Livingston, the American minister in
Paris, to negotiate the purchase of New Orleans and West Florida. By this time,
Napoleon had given up his plans for a colonial empire. His trying to restore
French rule after a slave revolt in Saint Domingue (Haiti) cost him a great
deal in both money and men, his troops having been decimated by tropical diseases.
The two American representatives were therefore surprised to find the French
government willing to sell all of Louisiana—280,000 square miles between the
Mississippi River and the Rocky Mountains—for a paltry $15 million. Jefferson
was unsure whether the United States could legally buy the Louisiana territory
because the Constitution said nothing about purchasing land. He considered
proposing a constitutional amendment but dropped the idea because it might take
too much time, and the opportunity could vanish. The bargain was too good to
pass up. Jefferson approved the purchase, the Senate ratified it, and the
United States abruptly doubled in size.
The
Lewis and Clark expedition. The Louisiana Purchase was then unknown; neither
France nor Spain had mapped its rivers, mountains, or plains, and the important
sources of the Mississippi and Missouri rivers and their tributaries were still
a mystery. Jefferson quickly made plans for its exploration, appointing his
secretary, Captain Meriwether Lewis, to head the expedition. Lewis asked his
friend Lieutenant William Clark to serve as coleader. In the spring of 1804,
the fifty-man Corps of Discovery left St. Louis, heading up the Missouri River.
Although military men, Lewis and Clark had received crash courses in botany,
zoology, and astronomy, enabling them to carefully collect plant and animal
specimens and map the rivers. In addition, every literate man on the expedition
was ordered to keep a diary. The expedition spent the first winter among the
hospitable Mandan on the Upper Missouri River and then headed west for the
Pacific coast in the spring of 1805. Accompanying them were a French fur
trader, Toussaint Charbonneau, as guide and interpreter; his wife, a Shoshone
Indian named Sacajawea; and their infant son. The presence of the baby and a
fortuitous meeting with Shoshone tribesmen reinforced Lewis and Clark's claim
that they came in peace. They distributed medallions to the tribal chiefs along
with other gifts and pledged their friendship.
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