Transcript Marbury v. Madison

Cover Slide
The American
Pageant
Chapter 11
The Triumphs
and Travails of
the Jeffersonian
Republic, 1800-1812
Copyright © Houghton Mifflin Company. All rights reserved.
Federalist and Republican
Mudslingers
Alien & Sedition Acts created enemies
Hamiltonian Federalists split with Adams (wanted
war w/France)
 Preparations for a war w/France created new
taxes
 Military preparations seemed extravagant


◦ Jeffersonians called his navy “John Adams’s Jackasses”

Federalists attack Jefferson
◦ Rumors of his affair with Sally Hemings
◦ Clergy upset with Jefferson for separation of church
and state
 Called him an athiest
The Jeffersonian “Revolution of
1800”
Jefferson won the election of 1800 by a majority of
73
electoral votes to 65,
◦ Adams got more popular votes, but Jefferson got
NY
◦ even though Jefferson triumphed, in a technicality
he & Aaron Burr tied for presidency.
◦ vote, according to Constitution, now goes to
Federalist-dominated House of Representatives.
 Hateful of Jefferson, many wanted to vote for Burr

The Jeffersonian “Revolution of
1800”
 vote = deadlocked for months
◦ Alexander Hamilton and John Adams
persuaded a few House members to change
their votes
◦ if the House voted for Burr, the public outcry
would doom the Federalist Party.
◦ a few changed their minds, and Jefferson was
elected to the presidency.
The Jeffersonian “Revolution of
1800”
 “Revolution
of 1800”
◦ peaceful transfer of power; Federalists
stepped down from office after Jefferson
won and did so peacefully, though not
necessarily happily
◦ Republicans = more of the “people’s
party” compared to the Federalists.
Responsibility Breeds Moderation

Jefferson’s inaugural address:
◦ “We are all Republicans, we are all
Federalists.”
 Meaning that Americans are a mixture
◦ “honest friendship with all nations, entangling
alliances with none.”

Jefferson = simple and frugal
◦ did not seat in regard to rank during his dinners
◦ Unconventional
 wearing sloppy attire,
 started the precedent of sending messages to Congress
to be read by a clerk. (instead of appearing there
himself)
Responsibility Breeds Moderation

two Thomas Jeffersons:
◦ the scholarly private citizen who
philosophized in his study
◦ the harassed public official who discovered
that bookish theories worked out differently
in practical politics.

dismissed few Federalist officials
◦ (those who wanted the seats complained)

had to rely on his charm -his party was so
disunited still.
Jeffersonian Restraint


pardoned those convicted under the
Sedition Act
enacted a new naturalization law
◦ years needed for an immigrant to become a
citizen changed from14 to 5.

Abolished excise tax,
◦ otherwise left the Hamiltonian system alone

Absorbed the major Federalist programs
◦ showed that a change of power doesn't =
disaster for the exiting group.
The “Dead Clutch” of the Judiciary

Judiciary Act of 1801
◦ Passed by the Federalists in their last days of
Congressional domination
◦ Packed newly created judgeships with
Federalist-backing men
 to prolong their legacy
 16 new federal judgeships & other offices
 J. Adams is said to have stayed up late, last night in
office to sign commissions.
The “Dead Clutch” of the Judiciary

John Marshall (chief justice of the
Supreme Court, Adams appointee)
◦ cousin of Jefferson
◦ served at Valley Forge during the war
 he realized no central gov’t had its drawbacks
◦ he became a lifelong Federalist
 committed to strengthening the power of the
federal government.
The “Dead Clutch” of the Judiciary

Marbury v. Madison
◦ William Marbury = “midnight judges” appointed by
John Adams in last hours as pres.
◦ named justice of peace for D.C., but when
Secretary of State James Madison decided to
shelve the position, Marbury sued for its delivery.
◦ Marshall dismissed the case
◦ BUT he said that the Judiciary Act of 1789 was
unconstitutional, thus suggesting that the Supreme
Court could determine the constitutionality of
laws (AKA, “judicial review”).
◦ Contrary to the Virginia/Kentucky Resolves
Which of the following statements about the 1803
Marbury v. Madison case are accurate?

I. It established the principle of judicial review, in which the Supreme Court can
rule a law unconstitutional
II. It involved federal judges appointed by John Adams prior to his leaving office in
1801
III. It overturned parts of the Judiciary Act of 1789
IV. It was a clear and complete victory for the Federalists, as it made for a more
powerful Supreme Court
V. It was a clear and complete victory for the Democrat-Republicans, as it denied
Federalists control of federal judgeships
A) I, II, III, and V only
B) I, III, and IV only
C) I, II, and III only
D) I, II, and IV only
E) all of the statements are accurate
Marbury v. Madison

John Marshall, the Supreme Court's
defining justice from 1801 to 1835
Answer:
C) I, II, and III only
Explanation: As John Adams left office in 1801,
he appointed a number of Federalist judges to
positions in an attempt to continue Federalist
influence. Incoming President Thomas Jefferson
refused to recognize the appointment of these
"midnight judges," leading to the Marbury case.
Chief Justice John Marshall awarded a partial
victory to both the Federalist and DemocratRepublican positions, as the Federalist appointees
were not awarded the judgeships, but the
Supreme Court's power was significantly
expanded, as nowhere in the Constitution is it
stated that the Court can overrule a law (in this
case the 1789 Judiciary Act) of Congress.
The “Dead Clutch” of the Judiciary

Jefferson’s failed impeachment of Samuel
Chase:
◦ Unpopular Supreme Court justice
◦ Tried him for “high crimes, and
misdemeanors”
◦ when the vote got to the Senate, not enough
votes
◦ Since then, no attempt to alter the Supreme
Court has ever been tried through
impeachment.
Jefferson, a Reluctant Warrior

Didn’t want a large, strong, standing
military
◦ Believed military could be used agst the
people
◦ Reduced militia to 2500 men
◦ navies were reduced a bit to peacetime
footing
Thomas Jefferson by Rembrandt Peale, 1805
Thomas Jefferson by Rembrandt
Peale, 1805
This portrait of President Thomas
Jefferson was painted by Rembrandt
Peale in 1805. Charles Willson Peale
(Rembrandt's father) and his five sons
helped establish the reputation of
American art in the new nation.
Rembrandt Peale achieved fame for his
presidential portraits; here he has
captured Jefferson in a noble pose
without the usual symbols of office or
power, befitting the Republican age. ((c)
Collection of The New-York Historical
Society)
Copyright © Houghton Mifflin Company. All rights reserved.
Jefferson, a Reluctant Warrior

Barbary Pirates (North Africa)
◦ Known for blackmailing & plundering merchant
ships in Mediterranean
◦ Washington/Adams had bought protection

1801 pasha of Tripoli
◦
◦
◦
◦
◦
Cuts down flagstaff of American consulate
Pacifist Jefferson forced to act
Sends navy to the “shores of Tripoli”
fighting continued for 4 years
Jefferson gets a treaty of peace from Tripoli in
1805 for $60,000.
The Louisiana Godsend

The secret
◦ In 1800 Napoleon signs secret pact with King
of Spain to cede Louisiana to France

The confirmation
◦ 1802 Spaniards at New Orleans withdrew the
right of deposit guaranteed by the Pinckney
Treaty of 1795
 vital to frontier farmers who floated their goods
down the Mississippi River to its mouth
The Louisiana Godsend

The anger:
◦ farmers talked of marching to New Orleans
to violently get back what they deserved
 = war with Spain and France

The dilemma
◦ When Sp. had New Orleans, we could use it
◦ Napoleon = military genius, challenging him=
war
New Orleans Under My Wings
New Orleans Under My Wings
The French and Spanish developed this port city during the eighteenth century. By
century's end many in the United States saw New Orleans as a key to the new
nation's future expansion and prosperity. (Chicago Historical Society)
Copyright © Houghton Mifflin Company. All rights reserved.
The Louisiana Godsend

The solution
◦ 1803, Jefferson sent James Monroe & Robert
R. Livingston to buy New Orleans & as much
land to the east of the river for $10 million,
tops.

Napoleon’s Response
◦ offered to sell New Orleans & land west of it,
Louisiana, for a bargain of $15 million
 abandoned his dream of a French North American
empire.
The Louisiana Godsend
 Napoleon’s
reasoning:
◦ He had an unsuccessful attempt to
recapture sugar island of Santo
Domingo. There was a rebellion in Haiti,
led by Toussaint L’Ouverture
 had been unsuccessful, but killed many
French troops due to yellow fever.
◦ Napoleon needed cash to renew his
war with Britain.
Toussaint L'Ouverture by William Edouard Scott
Toussaint L'Ouverture by William
Edouard Scott
With backing from the French, François
Dominique Toussaint L'Ouverture
(center) led his fellow slaves in a revolt
against their French and Spanish
masters, driving the Europeans from the
West Indian island of Santo Domingo in
1791. Emperor Napoleon Bonaparte
double-crossed L'Ouverture in 1802,
sending a French army to seize the
island. Although L'Ouverture was
captured, his army defeated the French,
creating the republic of Haiti in 1804.
(Amistad Research Center, New Orleans,
AFAC Collection)
Copyright © Houghton Mifflin Company. All rights reserved.
The Louisiana Godsend

Jefferson’s dilemma
◦ Constitution said nothing about purchasing foreign land
◦ this deal was simply too good to pass up
◦ Jefferson had been a strict interpreter of the Constitution,
but he was now using a loose interpretation.

Federalists concerns:
◦ normally loose interpreters, took a strict interpretation
◦ opposed the purchase
◦ didn’t want the new lands
 new lands = new settlers & new states,= more farmers & more
Republicans.

The flip:
◦ both parties made a full 180° turnaround from their
beliefs about the Constitution
 practical matters at hand
Louisiana Purchase
Louisiana in the Long view


purchase = a precedent of acquisition of
foreign territory through purchase.
Lewis and Clark Expedition (1804):
◦ ,Jefferson sent William Clark & Meriwether
Lewis to explore this new territory
 Shoshoni woman named Sacajawea joined them
 21/2 years exploring the land
 went all the way to Oregon & the Pacific before
returning.
◦ Zebulon Pike trekked to the headwaters of the
Mississippi River in 1805-06
 ventured to the southern portion of Louisiana, Spanish
land in the southwest, and sighted Pike’s Peak.
A Map of Lewis and Clark's Track Across the Western Portion of North America, drawing by W. Clark
A Map of Lewis and Clark's Track Across the Western Portion of North America,
drawing by W. Clark
Drawn by Meriwether Lewis's traveling mate on the famous expedition and combining Clark's
own observations with those of Indians and explorers, this 1814 map gave Americans their first
view of the vast territory purchased in 1803. Clark's depiction of the Rockies was substantially
accurate, his description of the Southwest less so. (Library of Congress Geography & Map
division)
Copyright © Houghton Mifflin Company. All rights reserved.
The Aaron Burr Conspiracies

How low can the Federalists go?
◦ tried to scheme with Aaron Burr to make New England and
New York secede from the union
◦ Burr was Jeff.VP during 1st term, but dropped in 2nd term

The Duel…
◦ Hamilton exposed Burr’s plot
◦ Burr challenges Hamilton to a duel
◦ Hamilton loses (Burr = murderer)

What happened to Burr?
◦ 1806 arrested for treason,
◦ the necessary two witnesses were nowhere to be found.
◦ Escapes to Europe

Beyond the purchase…
◦ The Louisiana Purchase = nurturing a deep sense of loyalty
among the West to the federal government
 a new spirit of nationalism surged through it.
A Precarious Neutrality

An awkward situation…
◦ GB would strike our ships unless we stopped at a
British Port
◦ Fr would seize our ships if we entered a GB port.

Impressment
◦ illegal seizure of men and forcing them to serve
on ships (in this case GB was impressing
Americans)
◦ infuriated the U.S.
◦ ~6,000 Americans were impressed from 1808-11
A Precarious Neutrality

The Chesapeake Incident (June 22, 1807)
◦ A US frigate, was boarded by a British ship, the
Leopard
◦ The Chesapeake was not fully armed
◦ The Leopard fired on the Americans, killing 3 and
wounding 18
◦ GB seized 4 alleged deserters
 the commander of the Chesapeake was later court
marshaled for not taking any action
◦ most famous example of impressment
◦ There was a national outcry amongst the
Americans, but Jefferson wouldn’t let it start war.
Chesapeake Encounter with the Leopard
Chesapeake Encounter with the Leopard
A painting of the British frigate Leopard firing its guns into the U.S.S. Chesapeake
when the U.S. ship refused to be searched for British deserters. The British boarded
the subdued Chesapeake and seized four deserters, three of them American citizens.
Americans were humiliated and angered by the British violation of American rights.
(Courtesy of William Gilkerson)
Copyright © Houghton Mifflin Company. All rights reserved.
A Hated Embargo

To try to stop GB & FR seizure of
American ships, Jefferson resorted to an
embargo.
◦ Believed that the only way to stay out of the
war was to shut down shipping.
◦ Believed GB & FR relied on US goods (it was
really the opposite, Americans relied on
Europe’s goods).

Also, the U.S. still had a weak navy & a
weaker army.
A Hated Embargo

Embargo Act (1807)
◦ What?
 law passed by Congress forbidding all exportation of goods
from the US
◦ Why?
 GB/FR had been harassing the U.S. & seizing U.S. ship's and
men.
 U.S. not prepared to fight in a war,
 Pres. Jefferson hoped to weaken GB/FR by stopping trade.
◦ Result?





ended up hurting our economy more than theirs
repealed in 1809
helped to revive the Federalists
caused New England's industry to grow
eventually led to the War of 1812.
A Hated Embargo

Non-Intercourse Act (1809)
◦ After repealing The Embargo Act of 1807,
Congress replaces it with this
◦ Formally reopened trade with all nations
except England and France on March 1, 1809.
◦ Republican Congress passes it in an attempt
to make GB/FR stop harassing the American
ships and recognize the neutrality of America.
Madison’s Gamble
James Madison took the oath of presidency on
March 4, 1809
 Macon’s Bill No. 2 is passed by Congress

◦ permitting American trade with all the world
◦ promised American restoration of trade to FR and/or GB
if either dropped their commercial restrictions.

Napoleon took this opportunity (August 1810)
◦ announced FR commercial restrictions had been lifted
◦ Madison declared FR available for American trade

Napoleon lied
◦ never really lifted restrictions
◦ US now entered European affairs against Great Britain.
Tecumseh and the Prophet

New, younger Congress is elected (1811)
◦ Many from the South and the West
◦ Henry Clay (Kentucky) is elected Speaker of
the House
◦ Called War Hawks by their Federalist
opponents
◦ Meanwhile:
 Indians in Kentucky were concerned with the
FLOOD of settlers moving West
Tecumseh and the Prophet

Tecumseh and the Prophet
◦
◦
◦
◦
two Shawnee brothers
decided that the time to act was now
gathered followers
urging them to give up textile clothing for
traditional buckskin garments
◦ Argued that the Indians should not acknowledge
the White man’s “ownership” of land
◦ urged Indians not to cede control of land to
whites unless all Indians agreed
The Shawnee chief Tecumseh
The Shawnee chief Tecumseh
Tecumseh and his brother, Prophet, led a
revival of traditional Shawnee culture
and preached Native American
federation against white encroachment.
In the War of 1812 they allied
themselves with the British, but
Tecumseh's death at the Battle of the
Tames (1813) and British indifference
thereafter caused Native Americans'
resistance and unity to collapse.
(Tecumseh: Field Museum of Natural
History, Chicago, FMNH Neg. #A93851)
Copyright © Houghton Mifflin Company. All rights reserved.
Tecumseh and the Prophet

November 7, 1811: Am. general William
Henry Harrison attacked Tecumseh’s
headquarters at Tippecanoe
◦ killed the Prophet
◦ burned the camp to the ground.

Tecumseh was killed by Harrison at the
Battle of the Thames in 1813 (part of the
War of 1812)
◦ Indian confederacy dream perished

Battle of Tippecanoe made Harrison a
national hero
Which of the following was not a foreign policy crisis
faced by Thomas Jefferson in his two terms from 1801
to 1809?

A) conflicts with the Barbary pirates
B) the Leopard-Chesapeake engagement
C) the impressment of American sailors
by the British
D) all trade with Europe being outlawed
by the Embargo Act
E) British guns and ammunition
discovered at the Battle of Tippecanoe
Answer:

E) British guns and ammunition discovered at the Battle of
Tippecanoe

Explanation: Jefferson faced a series of foreign policy crises
during his two terms in the White House. Naval forces fought with
the Barbary (or Tripolitan) pirates, the British interfered with
American shipping and impressed sailors, the British HMS Leopard
fired on the U.S. frigate Chesapeake in 1807, and the Embargo Act
attempted to prevent all trade with Europe, causing economic
hardship, particularly in New England. The Battle of Tippecanoe, in
which American troops defeated a group of Indians in the Ohio
Territory and in the process discovered British arms and
ammunition occurred in 1811, during the administration of James
Madison.
War Hawks

Congressional election in 1810, brought new young
Republicans to Congress
◦ Many from frontier states
 Kentucky (Henry Clay)
 Tennessee
 Ohio
◦ Called War Hawks because of their eagerness for war w/
GB
◦ Led by Henry Clay (Kentucky) and John C. Calhoun
of South Carolina
◦ Argued that war w/ GB was only way to:
 Defend American honor, gain Canada, and destroy
Native Am. Resistance on the frontier
The War of 1812

America’s reasons for entering the War of
1812 were:
◦ “Freedom of the seas” – The U.S. wanted
the right to sail and trade without fear.
◦ Possibility of land – The U.S. might gain
Canada or Florida.
◦ Indian issues – Americans were still upset
about British guns being giving to Indians.
Manning the Navy, English engraving showing the impressment of American sailors
Manning the Navy, English engraving showing the impressment of American
sailors
The impressment of sailors into the British navy from American ships was one of the
more prominent causes of the War of 1812. This 1790 engraving shows an American
sailor being seized at gunpoint while those who might try to assist him are elbowed
aside. (Library of Congress)
Copyright © Houghton Mifflin Company. All rights reserved.
Declaration of War

Madison seeks Declaration of
War…Why?
◦ GB delays in responding to US demands
over neutral rights…&
◦ Political pressures from the war-hawk
Congress
IRONY…GB had by the time we
declared war agreed to suspend its naval
blockade
 This news reached the US after we
declared war

A Divided Nation
PA & VT joined the South & West in favor
of the war
 NY, NJ & rest of New England voted agst
the war.

Opposition to the War
New England merchants: after the
repeal of the Embargo Act they made $
in Europe
 Federalist politicians: viewed the war
as a Republican scheme to conquer
Canada & Florida w/ ultimate aim of
increasing Rep. voting strength
 “Quids” or “Old” Republicans:
violated Republican commitment to
limited fed. power & to the maintenance
of peace
