 section number six the history of the US part three the Union and national politics this is a LibriVox recording all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org recording by Robert Scott history of the United States by Charles A. Beard and Mary Ritterbeard part three section six chapter nine the Jeffersonian Republicans in power Republican principles and policies opposition to strong central government cherishing especially the agricultural interest as Jefferson said the Republicans were in the beginning provincial in their concern and outlook their attachment to America was certainly as strong as that of Hamilton but they regarded the state rather than the national government as the proper center of power and affection indeed a large part of the rank and file had been among the opponents of the Constitution in the days of its adoption Jefferson had entertained doubts about it and Monroe destined to be the fifth president had been one of the bitter foes of ratification the former went so far in the direction of local autonomy that he exalted the state above the nation in the Kentucky resolutions of 1798 declaring the Constitution to be a mere compact and the states competent to interpret and nullify federal law this was provincialism with a vengeance quote it is jealousy not confidence which prescribes limited constitutions end quote wrote Jefferson for the Kentucky legislature jealousy of the national government not confidence in it this is the ideal that reflected the provincial and agricultural interest Republican simplicity every act of the Jeffersonian party during its early days of power was in accord with the ideals of government which it professed it had opposed all pomp and ceremony calculated to give weight and dignity to the chief executive of the nation as symbols of monarchy and high prerogative appropriately therefore Jefferson's inauguration on March 4 1801 the first at the new capital at Washington was marked by extreme simplicity in keeping with this procedure he quit the practice followed by Washington and Adams of reading presidential addresses to Congress in joint assembly and adopted in its stead the plan of sending his messages in writing a custom that was continued unbroken until 1913 when president Wilson returned to the example set by the first chief magistrate Republican measures the Republicans had complained of a great national debt as the source of a dangerous quote money power giving strength to the federal government accordingly they began to pay it off as rapidly as possible they had held commerce and low esteem and looked upon a large Navy as a mere device to protect it consequently they reduced the number of warships they had objected to the excise taxes particularly on whiskey these they quickly abolished to the intense satisfaction of the farmers they had protested against the heavy cost of the federal government they reduced expenses by discharging hundreds of men from the army and abolishing many offices they had savagely criticized this addition law and Jefferson refused to enforce it they had been deeply offended by the assault on freedom of speech and press and they promptly impeached Samuel Chase a justice of the Supreme Court who had been especially severe in his attacks upon offenders under the sedition act their failure to convict justice chase by a narrow margin was due to no lack of zeal on their part but to the federalist strength in the Senate where the child was held they had regarded the appointment of a large number of federal judges during the last hours of Adams's administration as an attempt to entrench federalists in the judiciary and to enlarge the sphere of the national government accordingly they at once repealed the act creating the new judgeships thus depriving the quote midnight appointees of their posts they had considered the federal offices civil and military as sources of great strength to the federalists and Jefferson though committed to the principle that offices should be open to all and distributed according to merit was careful to fill most of the vacancies as they occurred with trusted Republicans to his credit however it must be said that he did not make wholesale removals to find room for party workers the Republicans thus huge to the line of their general policy of restricting the weight dignity and activity of the national government yet there were no Republicans as the federalists asserted prepared to urge serious modifications in the Constitution quote if there be any among us who wish to dissolve this union or to change its Republican form and quote wrote Jefferson in his first inaugural quote let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it and quote after reciting the fortunate circumstances of climate soil and isolation which made the future of America so full of promise Jefferson concluded quote a wise and frugal government which shall restrain men from injuring one another shall leave them otherwise free to regulate their own pursuits of industry and improvement and shall not take from the mouth of labor the bread it has earned this is the sum of good government and this is necessary to close the circle of our felicities end quote in all this the Republicans had not reckoned with destiny in a few short years that lay ahead it was their fate to double the territory of the country making inevitable a continental nation to give the Constitution a generous interpretation that shocked many federalists to wage war on behalf of American commerce to reestablish the hated United States Bank to enact a high protective tariff to see their federalist opponents in their turn discredited as nullifiers and provincials to announce high national doctrines in foreign affairs and to behold the Constitution exalted and defended against the pretensions of states by a son of old Virginia John Marshall chief justice of the Supreme Court of the United States the Republicans and the Great West expansion and land hunger the first of the great measures which drove the Republicans out upon this new national course the purchase of the Louisiana territory was the product of circumstances rather than of their deliberate choosing it was not the lack of land for his cherished farmers that led Jefferson to add such an immense domain to the original possessions of the United States in the Northwest Territory now embracing Ohio Indiana Illinois Michigan Wisconsin and a portion of Minnesota settlements were mainly confined to the North Bank of the Ohio River to the South in Kentucky and Tennessee where there were more than 100,000 white people who had pushed over the mountains from Virginia and the Carolinas there were still wide reaches of untilled soil the Alabama and Mississippi regions were vast Indian frontiers of the state of Georgia unsettled and almost unexplored even to the wildest imagination there seemed to be territory enough to satisfy the land hunger of the American people for a century to come the significance of the Mississippi River at all events the East then the center of power saw no good reason for expansion the planters of the Carolinas the manufacturers of Pennsylvania the importers of New York the shipbuilders of New England looking to the seaboard and to Europe for trade refinements and sometimes their ideas of government were slow to appreciate the place of the West in national economy the better educated the Easterners were the less it seems they comprehended the destiny of the nation sons of Federalist fathers at Williams College after a long debate decided by a vote of 15 to 1 that the purchase of Louisiana was undesirable on the other hand the pioneers of Kentucky Ohio and Tennessee unlearned in books saw with their own eyes the resources of the wilderness many of them had been across the Mississippi and had be held the rich lands awaiting the plow of the white man down the Great River they floated their wheat corn and bacon to ocean-going ships bound for the ports of the seaboard or for Europe the land journeys over the mountain barriers with bulky farm produce they knew from experience were almost impossible and costly at best nails bolts of cloth tea and coffee could go or come that way but not corn and bacon a free outlet to the sea by the Mississippi was as essential to the pioneers of the Kentucky region as the harbor of Boston to the merchant princes of that metropolis Louisiana under Spanish rule for this reason they watched with deep solicitude the fortunes of the Spanish King to whom at the close of the seven years war had fallen the Louisiana territory stretching from New Orleans to the Rocky Mountains while he controlled the mouth of the Mississippi there was little to fear for he had neither the army nor the Navy necessary to resist any invasion of American trade moreover Washington had been able by the exercise of great tact to secure from Spain in 1795 a trading privilege through New Orleans which satisfied the present requirements of the frontiersmen even if it did not allay their fears for the future so things stood when a swift succession of events altered the whole situation Louisiana transferred to France in July 1802 a royal order from Spain instructed the officials at New Orleans to close the port to American produce about the same time a disturbing rumor long current was confirmed Napoleon had coerced Spain into returning Louisiana to France by a secret treaty signed in 1800 quote the scalars of the Alps and conquerors of Venice end quote now looked across the sea for new scenes of adventure the West was ablaze with excitement a call for war ran through the frontier expeditions were organized to prevent the landing of the French and petitions for instant action flooded in upon Jefferson Jefferson sees the danger Jefferson the friend of France and sworn enemy of England compelled to choose in the interest of America never winced quote the secession of Louisiana and the Florida's by Spain to France and quote he wrote to Livingston the American minister in Paris quote works sorely on the United States it completely reverses all the political relations of the United States and will form a new epic in our political course there is on the globe one single spot the possessor of which is our natural and habitual enemy it is New Orleans through which the produce of three eighths of our territory must pass to market France placing herself in that door assumes to us an attitude of defiance Spain might have retained it quietly for years her Pacific dispositions her feeble state would induce her to increase our facilities there not so can it ever be in the hands of France the day that France takes possession of New Orleans fixes the sentence which is to restrain her forever within her low watermark it seals the union of the two nations who in conjunction can maintain exclusive possession of the ocean from that moment we must marry ourselves to the British fleet and nation this is not a state of things we seek or desire it is one which the measure if adopted by France forces on us as necessarily as any other cause by the laws of nature brings on its necessary effect and quote Louisiana purchased acting on this belief but apparently seeing only the Mississippi outlet at stake Jefferson sent his friend James Monroe to France with the power to buy New Orleans and West Florida before Monroe arrived the regular minister Livingston had already convinced Napoleon that it would be well to sell territory which might be rested from him at any moment by British sea power especially as the war temporarily stopped by the peace of Amines was once more raging in Europe wise as he was in his day Livingston had at first no thought of buying the whole Louisiana country he was simply dazed when Napoleon offered to sell the entire domain and get rid of the business altogether though staggered by the proposal he and Monroe decided to accept on April 30 they signed the treaty of session agreeing to pay 11 million two hundred and fifty thousand dollars in six percent bonds and to discharge certain debts due French citizens making in all approximately 15 millions Spain protested Napoleon's brother fumed French newspapers objected but the deed was done Jefferson and his constitutional scruples when the news of this extraordinary event reached the United States the people were filled with astonishment and no one was more surprised than Jefferson himself he had thought of buying New Orleans and West Florida for a small sum and now a vast domain had been dumped into the lap of the nation he was puzzled on looking into the Constitution he found not a line authorizing the purchase of more territory and so he drafted an amendment declaring quote Louisiana as seated by France a part of the United States and quote he had belabored the Federalists for piling up a big national debt and he could hardly endure the thought of issuing more bonds himself in the midst of his doubts came the news that Napoleon might withdraw from the bargain thoroughly alarmed by that Jefferson pressed the Senate for a ratification of the treaty he still clung to his original idea that the Constitution did not warrant the purchase but he lamely concluded quote if our friends shall think differently I shall certainly acquiesce with satisfaction confident that the good sense of our country will correct the evil of the construction when it shall produce ill effects and quote thus the stanch advocate of quote strict interpretation cut loose from his own doctrine and entrusted the construction of the Constitution to quote the good sense and quote of his countrymen the treaty ratified this unusual transaction so favorable to the West aroused the ire of the seaboard Federalists some denounced it as unconstitutional easily forgetting Hamilton's masterly defense of the bank also not mentioned in the Constitution others urged that if quote the howling wilderness and quote ever should be settled it would turn against the East form new commercial connections and escape from federal control still others protested that the purchase would lead inevitably to the dominance of a quote hodgepodge of wild men from the far west and quote Federalists who thought quote the broad back of America and quote could readily bear Hamilton's consolidated debt now went into agonies over a bond issue of less than one sixth of that amount but in vain Jefferson's party with a high hand carried the day the Senate after hearing the Federalist protest ratified the treaty in December 1803 the French flag was hauled down from the old government buildings in New Orleans and the stars and stripes were hoisted as a sign that the land of Coronado de Soto Marquette and LaSalle had passed forever to the United States by a single stroke the original territory of the United States was more than doubled while the boundaries of the purchase were uncertain it is safe to say that the Louisiana territory included what is now Arkansas Missouri Iowa Oklahoma Kansas Nebraska South Dakota and large portions of Louisiana Minnesota North Dakota Colorado Montana and Wyoming the farm lands that the friends of quote a little America and quote on the sea coast declared a hopeless wilderness were within a hundred years fully occupied and valued at nearly $7 billion almost 500 times the price paid to Napoleon Western explorations having taken the fateful step Jefferson wisely began to make the most of it he prepared for the opening of the new country by sending the Lewis and Clark expedition to explore it discover its resources and lay out an overland route through the Missouri Valley and across the great divide to the Pacific the story of this mighty exploit which began in the spring of 1804 and ended in autumn of 1806 was set down with skill and pains in the journal of Lewis and Clark when published even in short form it invited the forward looking men of the east to take thought about the Western Empire at the same time Zebulon Pike in a series of journeys explored the sources of the Mississippi River and penetrated the Spanish territories of the far southwest thus scouts and pioneers continued the work of diplomats and of section six recorded by Robert Scott July the 10th 2007 section number seven of the history of the US part three this is a LibriVox recording all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org recording by Robert Scott history of the United States by Charles a beard and Mary Ritter beard part three section seven the Republican war for commercial independence the English and French blockades in addition to bringing Louisiana to the United States the reopening of the European War in 1803 after a short lull renewed in an accurate form the commercial difficulties that had plagued the country all during the administrations of Washington and Adams the Republicans were now plunged into the Hornets nest the party whose ardent spirits had burned Jay in effigy stoned Hamilton for defending his treaty jeered Washington's proclamation of neutrality and spoken bitterly of quote timid traders could no longer take refuge in criticism it had to act its troubles took a serious turn in 1806 England in a determined effort to bring France to her knees by starvation declared the coast of Europe blockaded from breast to the mouth of the Elbe River Napoleon retaliated by his Berlin decree of November 1806 blockading the British Isles a measure terrifying to American ship owners whose vessels were liable to seizure by any French Rover though Napoleon had no Navy to make good his proclamation Great Britain countered with a still more irritating decree the orders in council of 1807 it modified its blockade but in so doing merely authorized American ships not carrying munitions of war to complete their voyage to the continent on condition of their stopping at a British port securing a license and paying a tax this responded Napoleon was the height of insolence and he denounced it as a gross violation of international law he then closed the circle of American troubles by issuing his Milan decree of December 1807 this order declared that any ship which complied with the British rules would be subject to seizure and confiscation by French authorities the impressment of seaman that was not all Great Britain in dire need of men for her Navy adopted the practice of stopping American ships searching them and carrying away British born sailors found on board British sailors were so badly treated so cruelly flogged for trivial causes and so meanly fed that they fled in crowds to the American Marine in many cases it was difficult to tell whether seaman were English or American they spoke the same language so that language was no test rovers on the deep and stragglers in the ports of both countries they frequently had no papers to show their nativity moreover Great Britain held to the one rule quote once an Englishman always an Englishman a doctor and rejected by the United States in favor of the principle that a man could choose the nation to which he would give allegiance British sea captains sometimes by mistake and often enough with reckless indifference carried away into servitude in their own Navy genuine American citizens the process itself even when executed with all the civilities of law was painful enough for it meant that American ships were forced to quote come to and compelled to rest submissively under British guns until the searching party had pried into records questioned seaman seized in handcuffed victims saints could not have done this work without raising angry passions and only saints could have endured it with patience and fortitude had the enactment of the scenes been confined to the high seas and knowledge of them to rumors and newspaper stories American resentment might not have been so intense but many a search in seizure was made in sight of land British and French vessels patrolled the coasts firing on one another and chasing one another in American waters within the three mile limit when in the summer of 1807 the American frigate Chesapeake refused to surrender men alleged to be deserters from King George's Navy the British warship Leopard opened fire killing three men and wounding 18 more an act which even the British ministry could hardly excuse if the French were less frequently the offenders it was not because of their own tenderness about American rights but because so few of their ships escaped the Hawkeye British Navy to operate in American waters the losses in American commerce this high handed conduct on the part of European belligerence was very injurious to American trade by their enterprise American shippers had become the foremost carriers on the Atlantic Ocean in a decade they had doubled the tonnage of American merchant ships under the American flag taking the place of the French Marine when Britain swept that from the seas and supplying Britain with the sinews of war for the contest with Napoleonic Empire the American shipping engagement in foreign trade embraced three hundred and sixty three thousand one hundred and ten tons in 1971 six hundred sixty nine thousand nine hundred and twenty one tons in eighteen hundred and almost one million tons in eighteen ten such was the enterprise attacked by the British and French decrees American ships bound for Great Britain were liable to be captured by French privateers which in spite of the disasters of the Nile and Trafalgar range the seas American ships destined for the continent if they failed to stop at British ports and pay tribute were in great danger of capture by the sleepless British Navy in its swarm of auxiliaries American sea captains who in fear of British vengeance heeded the orders in council and paid the tax were almost certain to fall a prey to French vengeance for the French were vigorous in executing the Milan decree Jefferson's policy the president's dilemma was distressing both the belligerents in Europe were guilty of depredations on American commerce war on both of them was out of the question war on France was impossible because she had no territory on this side of the water which could be reached by American troops and her naval forces had been shattered at the battles of the Nile and Trafalgar war on Great Britain a power which Jefferson's followers feared and distrusted was possible but not inviting Jefferson shrank from it a man of peace he disliked wars brazen clamor a man of kindly spirit he was startled at the death and destruction which it brought in its train so for the eight years Jefferson steered an even course suggesting measure after measure with a view to avoiding bloodshed he sent it is true Commodore prebla in 1803 to punish Mediterranean pirates praying upon American commerce but a great war he evaded with passionate earnestness trying in its place every other expedient to protect American rights the embargo and non intercourse acts in 1806 Congress passed and Jefferson approved a non importation act closing American ports to certain products from British dominions a measured intent as a club over the British government's head this law failing in its purpose Jefferson proposed and Congress adopted in December 1807 the embargo act forbidding all vessels to leave American harbors for foreign ports France and England were to be brought to terms by cutting off their supplies the result of the embargo was pathetic England and France refused to give up search and seizure American ship owners who lured by huge profits had formerly been willing to take the risk were now restrained by law to their home ports every section suffered the south and west found their markets for cotton rice tobacco corn and bacon curtailed thus they learned by bitter experience the national significance of commerce ship masters ship builders longshoremen and sailors were thrown out of employment while the prices of foreign goods doubled those who obeyed the law were ruined violators of the law smuggled goods into Canada and Florida for shipment abroad Jefferson's friends accepted the medicine with a rye face as the only alternative to supine submission or open war his opponents without offering any solution of their own denounced it as a contemptible plan that brought neither relief nor honor beset by the clamor that arose on all sides Congress in the closing days of Jefferson's administration repealed the embargo law and substituted a non intercourse act forbidding trade with England and France while permitting it with other countries a measure equally futile in staying the depredations on American shipping Jefferson retires in favor of Madison Jefferson exhausted by endless wrangling and wounded as Washington had been by savage circumstance welcomed March 4 1809 his friends urged him to quote stay by the ship and quote and accept a third term he declined saying that election for life might result from repeated reelection in following Washington's course and defending it on principle he set an example to all his successors making the quote third term doctrine and quote a part of American unwritten law his intimate friend James Madison to whom he turned over the burdens of his high office was like himself a man of peace Madison had been a leader since the days of the revolution but in legislative halls and council chambers not on the field of battle small in stature sensitive in feelings studious in habits he was no man for the rough and tumble of practical politics he had taken a prominent and distinguished part in the framing and the adoption of the Constitution he had served in the first Congress as a friend of Hamilton's measures later he attracted himself to Jefferson's fortunes and served for eight years as his first counselor the secretary of state the principles of the Constitution which he had helped to make and interpret he was now as president called upon to apply in one of the most perplexing moments in all American history in keeping with his own traditions and following in the footsteps of Jefferson he vainly tried to solve the foreign problem by negotiation the trend of events whatever difficulties Madison had in making up his mind on war and peace were settled by events beyond his own control in the spring of 1811 a British frigate held up an American ship near the harbor of New York and impressed a seaman alleged to be an American citizen burning with resentment the captain of the president an American warship acting under orders poured several broad sides into the little belt a British sloop suspected of being the guilty party the British also encouraged the Indian chief to compsa who wielded together the Indians of the Northwest under British protection and gave signs of restlessness presaging a revolt this sent a note of alarm along the frontier that was not checked even when in November to compsa's men were badly beaten at tip a canoe by William Henry Harrison the Indians stood in the way of the advancing frontier and it seemed to the pioneers that without support from the British in Canada the red men would soon be subdued clay and Calhoun while events were moving swiftly and rumors were flying thick and fast the mastery of the government passed from the uncertain hands of Madison to a party of ardent young men in Congress dubbed quote young Republicans under the leadership of two members destined to be mighty figures in American history Henry Clay of Kentucky and John C. Calhoun of South Carolina the former contended in a flair of folly that quote the militia of Kentucky alone are competent to place Montreal and upper Canada at your feet end quote the ladder with a light heart spoke of conquering Canada in four weeks campaign quote it must not be inferred end quote says Channing quote that in advocating conquest the Westerners were actuated merely by desire for land they welcomed war because they thought it would be the easiest way to abate Indian troubles the savages were supported by their fur trading interests that centered at Quebec and London the Southerners on their part wished for Florida and they thought that the conquest of Canada would obviate some northern opposition to this acquisition of slave territory end quote while clay and Calhoun spokesmen of the West and South were not unmindful of what Napoleon had done to American commerce they knew that their followers still remembered with deep gratitude the aid of the French in the war for independence and that the embers of the old hatred for George III still on the throne could be readily blown into flame Madison accepts war as inevitable the conduct of the British ministers with whom Madison had to deal did little to encourage him in adhering to the policy of quote watchful waiting one of them a high Tory believed that all Americans were alike quote except that a few are less knaves than others end quote and his methods were colored by his belief on the recall of this minister the British government selected another no less high and mighty in his principles and opinions so Madison became thoroughly discouraged about the outcome of Pacific measures when the pressure from Congress upon him became too heavy he gave way signing on June 18 1812 the declaration of war on Great Britain in proclaiming hostilities the administration set forth the causes which justified the declaration namely the British had been encouraging the Indians to attack American citizens on the frontier they had ruined American trade by blockades they had insulted the American flag by stopping and searching our ships they had illegally seized American sailors and driven them into the British Navy the course of war the war lasted for nearly three years without bringing victory to either side the surrender of Detroit by General Hull to the British and the failure of American invasion of Canada were offset by Perry's victory on Lake Erie and a decisive blow administered to British designs for an invasion of New York by way of Plattsburgh the triumph of Jackson at New Orleans helped to atone for the humiliation suffered in the burning of the capital by the British the stirring deeds of the Constitution the United States and the Argus on the seas the heroic death of Lawrence and the victories of a hundred privateers furnished consolation for those who suffered from the iron blockade firmly established by the British government when it came to appreciate the gravity of the situation while men love the annals of the sea they will turn to the running battles the narrow escapes and the reckless daring of American sailors in that naval contest with Great Britain all this was exciting but it was inconclusive in fact never was a government less prepared than was that of the United States in 1812 it had neither the discipline troops the ships of war nor the supplies required by the magnitude of the military task it was fortune that favored the American cause Great Britain harassed warn and financially embarrassed by nearly twenty years of fighting in Europe was in no mood to gather her forces for a titanic effort in America even after Napoleon was overthrown and sent into exile at Elba in the spring of 1814 war clouds still hung on the European horizon and the conflict temporarily halted did again break out to be rid of American anxieties and free for European eventualities England was ready to settle with the United States especially as that could be done without conceding anything or surrendering any claims the treaty of peace both countries were in the truth sick of a war that offered neither glory nor profit having indulged in the usual diplomatic skirmishing they sent representatives to get to discuss terms of peace after long negotiations and agreement was reached on Christmas Eve 1814 a few days before Jackson's victory at New Orleans when the treaty reached America the people were surprised to find that it said nothing about the seizure of American sailors the destruction of American trade the searching of American ships or the support of Indians on the frontier nevertheless we are told the people quote passed from gloom to glory and quote when the news of the peace arrived the bells were rung schools were closed flags were displayed and many arousing toast was drunk in tavern and private home the rejoicing could continue with Napoleon definitely beaten at Waterloo in June 1815 Great Britain had no need to impress sailors search ships and confiscate American goods bound to the continent once more the terrible sea power sank into the background and the ocean was again white with the sales of merchant men and of section seven recording by Robert Scott July the 11th 2007 section eight of the history of the U.S. part three this is a LibriVox recording all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org history of the United States by Charles A. Beard and Mary Ritterbeard part three section eight the Republicans nationalized the Federalists discredited by a strange turn of fortune's wheel the party of Hamilton Washington Adams the party of the Grand Nation became the party of provincialism and nullification New England finding its shipping interests crippled in the European conflict and then penalized by embargoes opposed the declaration of war on Great Britain which meant the completion of the ruin already begun in the course of the struggle the Federalist leaders came perilously near to treason in their efforts to hamper the government of the United States and in their desperation they fell back upon the doctrine of nullification so recently condemned by them when it came from Kentucky the Senate of Massachusetts while the war was in progress resolved that it was waged quote without justifiable cause end quote and refused to approve military and naval projects not connected with quote the defense of our sea coast and soil end quote a Boston newspaper declared that the Union was nothing but a treaty among sovereign states that states could decide for themselves the question of obeying federal law and that armed resistance under the banner of a state would not be rebellion or treason the General Assembly of Connecticut reminded the administration at Washington that quote the state of Connecticut is a free sovereign and independent state end quote Governor Morris a member of the convention which had drafted the Constitution suggested the holding of another conference to consider whether the northern states should remain in the Union in October 1814 a convention of delegates from Connecticut Massachusetts Rhode Island and certain counties of New Hampshire and Vermont was held at Hartford on the call of Massachusetts the councils of the extremists were rejected but the convention solemnly went on record to the effect that acts of Congress in violation of the Constitution are void that in cases of deliberate dangerous and palpable in fractions the state is duty bound to interpose its authority for the protection of its citizens and that when emergencies occur the states must be their own judges and execute their own decisions thus New England answered the challenge of Calhoun and clay fortunately its actions were not as rash as its words the Hartford convention merely proposed certain amendments to the Constitution and adjourned at the close of the war its proposals vanished harmlessly but the men who made them were hopelessly discredited the second United States Bank in driving the Federalists toward nullification and waging a national war themselves the Republicans lost all their old taint of provincialism moreover in turning to measures of reconstruction called forth by the war they resorted to the national devices of the Federalists in 1816 they chartered for a period of 20 years a second United States Bank the institution which Jefferson and Madison once had condemned as unsound and unconstitutional the Constitution remained unchanged times and circumstances had changed Calhoun dismissed the vexed question of constitutionality with a scant reference to an ancient dispute while Madison set aside his scruples and signed the bill the protective tariff of 1816 the Republicans supplemented the bank by another Federalist measure a high protective tariff clay viewed it as the beginning of his quote American system of protection Calhoun defended it on national principles for this sudden reversal of policy the young Republicans were taunted by some of their older party colleagues with betraying the quote agricultural interest that Jefferson had fostered but Calhoun refused to listen to their criticisms quote when the seas are open and quote he said quote the produce of the south may pour anywhere into the markets of the old world what are the effects of a war with a maritime power with England our commerce annihilated our agriculture cut off from its accustomed markets the surplus of the farmer perishes on his hands the recent war fell with peculiar pressure on the growers of cotton and tobacco and the other great staples of the country and the same state of things will reoccur in the event of another war unless prevented by the foresight of this body when our manufacturers are grown to a certain perfection as they soon will be under the fostering care of the government we shall no longer experience these evils end quote with the republicans nationalized the federalist party as an organization disappeared after a crushing defeat in the presidential campaign of 1816 Monroe and the florida purchase to the victor in that political contest James Monroe of Virginia fell two tasks of national importance adding to the prestige of the whole country and deepening the sense of patriotism that weaned men away from mere allegiance to the states the first of these was the purchase of florida from Spain the acquisition of Louisiana let the mississippi flow quote unvaxxed to the sea end quote but it left all the states east of the river cut off from the gulf affording them ground for discontent akin to that which had moved the pioneers of Kentucky to action a generation earlier the uncertainty as to the boundaries of Louisiana gave the united states a claim to west florida setting on foot a movement for occupation the florida swamps were a basis for indian marauders who periodically swept into the frontier settlements and hiding places for runaway slaves thus the sanction of international law was given to punitive expeditions into alien territory the pioneer leaders stood waiting for the signal it came president Monroe on the occasion of an indian outbreak ordered general jackson to seize the offenders in the florida's if necessary the high spirited warrior taking this is a hint that he was to occupy the coveted region replied that if possession was the object of the invasion he could occupy the florida's within sixty days without waiting for an answer to this letter he launched his expedition and in the spring of eighteen eighteen was master of the spanish king's domain to the south there was nothing for the king to do but to make the best of the inevitable by ceding the florida's to the united states in return for five million dollars to be paid to american citizens having claims against spain on washington's birthday eighteen nineteen the treaty was signed it's seated the florida's to the united states and defined the boundary between mexico and the united states by drawing a line from the mouth of the subine river in the northwesterly direction to the pacific on this occasion even monroe former opponent of the constitution forgot to inquire whether new territory could be constitutionally acquired and incorporated into the american union the republicans seemed far away from the days of quote strict construction jefferson still lived the monroe doctrine even more effective in fashioning the national idea was monrose enunciation of the famous doctrine that bears his name the occasion was another european crisis during the napoleonic upheaval and the years of dissolution that ensued the spanish colonies in america following the example set by their english neighbors in seventeen seventy six declared their independence unable to conquer them alone the king of spain turned for help to the friendly powers of europe that looked upon revolution and republics with undisguised horror the holy alliance he found them prepared to view his case sympathy three of them austria prussia and russia under the leadership of the czar alexander the first in the autumn of eighteen fifteen had entered into a holy alliance to sustain by reciprocal service the autocratic principle in government although the effusive almost maudlin language of the treaty did not express their purpose explicitly the alliance was later regarded as a mere union of monarchs to prevent the rise and growth of popular government the american people thought their worst fears confirmed when in eighteen twenty two a conference of delegates from russia austria prussia and france met at verona to consider among other things revolutions that had just broken out in spain and italy the spirit of the conference is reflected in the first article of the agreement reached by the delegates the high contracting powers being convinced that the system of representative government is equally incompatible with the monarchical principle and the maximum of the sovereignty of the people with the divine right mutually engaged in the most solemn manner to use all their efforts to put an end to the system of representative government in whatever country it may exist in europe and to prevent it's being introduced in those countries where it is not yet known and quote the czar who incidentally coveted the west coast of north america proposed to send an army to aid the king of spain in his troubles at home thus preparing the way for intervention in spanish america it was material weakness not want of spirit that prevented the grand union of monarchs from making open war on popular government the position of england unfortunately too for the holy alliance england refused to cooperate english merchants had built up a large trade with the independent latin american colonies and they protested against the restoration of spanish sovereignty which meant a renewal of spain's former trade monopoly moreover divine right doctrines had been laid to rest in england and the representative principle thoroughly established already there were signs of the coming democratic flood which was soon to carry the first reform bill of eighteen thirty two extending the suffrage sweep on to even greater achievements british statesmen therefore had to be cautious in such circumstances instead of cooperating with the autocrats of russia austria and prussia they turned to the minister of the united states in london the british prime minister canning proposed that the two countries join in declaring their unwillingness to see the spanish colonies transferred to any other power jefferson's advice the proposal was rejected but president monroe took up the suggestion with madison and jefferson as well as with his secretary of state john quincey adams they favored the plan jefferson said one nation most of all could disturb us in the pursuit of she now offers to lead aid and accompany us by a seating to her proposition we detach her from the bands bring her mighty weight into the scale of free government and emancipate a continent at one stroke with her on our side we need not fear the whole world with her then we should most seduously cherish a cordial friendship and quote monroe's statement of the doctrine acting on the advice of trusted friends president monroe embodied in his message to congress on december two eighteen twenty three a statement of principles now famous throughout the world as the monroe doctrine to the autocrats of europe he announced that he would regard any attempt on their part to extend their system to any portion of this hemisphere as dangerous to our peace and safety and quote while he did not propose to interfere with existing colonies dependent on european powers he ranged himself squarely on the side of those that had declared their independence any attempt by european power to oppress them or control their destiny in any manner he characterized as a manifestation of an unfriendly disposition toward the united states and quote referring to another part of his message to a recent claim which the czar had made to the pacific coast president monroe warned the old world that quote the american continents by the free and independent condition which they had assumed and maintained are henceforth not to be considered as subjects for future colonization by any european powers end quote the effect of this declaration was immediate and profound men whose political horizon had been limited to a community or state were led to consider their nation as a great power among the sovereignty of the earth taking its part in shaping their international relations the missouri compromise respecting one other important measure of this period the republicans also took a broad view of the obligations under the constitution namely the missouri compromise it is true they insisted on the admission of missouri as a slave state balanced against the free state of main but at the same time they assented to the prohibition of slavery in the louisiana territory north of the line thirty six degrees thirty minutes during the debate on the subject an extreme view had been presented to the effect that congress had no constitutional warrant for abolishing slavery in the territories the precedent of the northwest ordinance ratified by congress in seventeen eighty nine seemed a conclusive answer from practice to this contention but monroe submitted the issue to his cabinet which included calhoun of south carolina crawford of georgia and work of virginia presumably adherence to the jeffersonian principle of strict construction he received in reply a unanimous verdict to the effect that congress did have the power to prohibit slavery in the territories governed by it acting on this advice he approved on march six eighteen twenty the bill establishing freedom north of the compromise line this generous interpretation of the powers of congress stood for nearly forty years until repudiated by the supreme court in the dread scott case and of section eight recording by robert scott july the twenty-seventh two thousand and seven section eight of history of the united states by charles beard and mary ridder beard part three this is liverbox recording all of the box recordings in the public domain for more information or to volunteer please visit liby vox dot org read by ml cohen cleveland ohio june two thousand and seven the national decisions of chief justice marshal john marshal the nationalist the republicans in the lower ranges of state politics who did not catch the grand national style of the leaders charged with responsibilities in the national field were assisted in their education by a federalist from the old dominion john marshal as chief justice of the supreme court of the united states from eighteen ten eighteen thirty five lost no occasion to exalt the constitution above the claims of the provinces no differences of opinion as to his political views have ever led even as warmest opponents to deny a superior abilities or his sincere devotion to the national idea all will likewise agree that for talents native and acquired he was an ornament to the humble democracy that brought him forth his whole career was american born on the frontier of virginia reared in a log cabin granted only the barest rudiments of education in nerd to hardship and rough life he rose by masterly efforts the highest judicial honor america can bestow on him the bitter experience of the revolution and of later days made a lasting impression he was no quote summer patriot he had been a soldier in the revolutionary army he had suffered with washington and valley forward he had seen his comrades in arms starving and freezing because the continental congress had neither the power nor the inclination to force the states to do their full duty to him the articles of confederation were the symbol of utility into the struggle for the formation of the constitution and its ratification in virginia he had thrown himself with the order of a soldier later as a member of congress a representative to france and secretary of state he had aided the federalist in establishing the new government when at length they were driven from power in the executive and legislative branches of the government he was chosen for their last stronghold the supreme court by historic irony he administered the oath of office to his bitterest enemy thomas jefferson and long after the author of the declaration of independence had retired to private life the stern chief justice continued to announce the old federalist principles from the supreme bench marbury versus madison an act of congress annulled he had been in his high office only two years when he laid down for the first time in the name of the entire court the doctrine that the judges have the power to declare an act of congress null and void when in their opinion it violates the constitution this power was not expressly conferred on the court though many able men held that the judicial branch of government enjoyed it the principal is not positively established until eighteen oh three when the case of marbury versus madison was decided in rendering the opinion of the court marshal cited no precedence he sought no foundations for his argument in ancient history he rested it on the general nature of the american system the constitution ran his reasoning is the supreme law of the land it limits and binds all who act in the name of the united states it limits the powers of congress and defines the rights of citizens if congress can ignore its limitations and trespass upon the rights of citizens marshal argued then the constitution disappears and congress is supreme since however the constitution is supreme and superior to congress it is the duty of judges under their oath of office to sustain it against measures which violate it therefore from the nature of the american constitutional system the courts must declare null and void all acts which are not authorized quote a law repudiated constitution he closed is void and the courts as well as other departments are bound by that instrument end quote from that date to this the practice of federal and state courts and passing upon the constitutionality of laws has remained unshaken this doctrine was received by jefferson and many of his followers with consternation if the idea was sound he exclaimed quote then indeed is our constitution a complete fellow to say legally a suicide for intending to establish three departments coordinate and independent that they might check and balance one another it has given according to this opinion to one of them alone the right to prescribe rules for the government of the others and to that one too which is unelected by it an independent of the nation the constitution on this hypothesis is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please it should be remembered as an axiom of eternal truth and politics that whatever power in any government is independent is absolute also a judiciary independent of a king or executive alone is a good thing but independence of the will of the nation is a solicism at least in the republican government end quote but marshal was mighty and his view prevailed though from time to time other men clinging to jefferson's opinion likewise opposed the exercise by the courts of the high power of passing upon the constitutionality of acts of congress acts of state legislatures declared unconstitutional had marshal stopped with the annuling in the act of congress he would have heard less criticism from republican quarters but with the same firmness he set aside acts of state legislatures as well whenever in his opinion they violated the federal constitution in eighteen ten in the case of fletcher versus peck he annulled an act of the georgia legislature informing the state that it was not sovereign but quote a part of a large empire a member of the american union and that union has a constitution which imposes limits to the legislatures of the several states end quote in the case of mccullough versus maryland decided in eighteen nineteen he declared void an act of the maryland legislature designed to paralyze the branches of the united states bank established in that state in the same year in the still more memorable dartmouth college case he annulled an act of the new hampshire legislature which infringed upon the charter received by the college from king george long before that charter he declared was a contract between the state and the college which the legislature under the federal constitution could not impair two years later he stirred the wrath of virginia by summoning her to the bar of the supreme court to answer in a case which the validity of one of her laws was involved and then justified his action in a powerful opinion rendered in the case of cohen's versus virginia all these decisions arouse the legislatures of the states they pass sheaves of resolutions protesting and condemning but marshal never turned and never stayed the constitution of the united states he fairly thundered at them is the supreme law of the land the supreme court is the proper tribunal to pass finally upon the validity of the laws of the states and quote those sovereignty's end quote far from possessing the right of review and nullification are irrevocably bound by the decisions of that court this was strong medicine for the authors of the kentucky and virginia resolutions and for the members of the hartford convention but they had to take it the doctrine of implied powers while restraining congress in the marbury case and the state legislatures in a score of cases marshal also laid the judicial foundation for a broad and liberal view of the constitution as opposed to the narrow and strict construction in mccullough versus mariland he construed generously the words quote necessary and proper in such a way as to confer upon congress a wide range of quote implied powers in addition to their express powers that case involved among other things the question whether an act establishing the second united states bank was authorized by the constitution marshal answered in the affirmative congress ran his reasoning has large powers over taxation and the currency a bank is of appropriate use in the exercise of these enumerated powers and therefore though not absolutely necessary a bank is entirely proper and constitutional quote with respect to the means by which the powers that the constitution confers are to be carried into execution he said congress must be allowed the discretion which quote will enable that body to perform the high duties assigned to it in the manners most beneficial to the people end quote in short the constitution of the united states is not a straight jacket but a flexible instrument vesting in congress the powers necessary to meet the national problems as they arise in delivering this opinion marshal use language almost identical with that employed by Lincoln when standing on the battlefield of a war ways to preserve the nation he said that quote a government of the people by the people for the people shall not perish from the earth summary of the union and national politics during the extraneous period between the establishment of American independence and the advent of Jacksonian democracy the great American experiment was under the direction of the men who had launched it all the presidents in that period except John Quincy Adams had taken part in the revolution James Madison the chief author of the constitution lived until eighteen thirty six this age therefore was the quote age of the fathers it saw the threatened ruin on the country under the articles of confederation the formation of the constitution the rise of political parties the growth of the west in second war with England and the apparent triumph of the national spirit over sectionalism the new republic had hardly been started in seventeen eighty three before its troubles began the government could not raise money to pay its debts or running expenses it could not protect american commerce and manufacturers against european competition it could not stop the continual issues of paper money by the states it could not intervene to put down domestic uprisings that threaten the existence of the state governments without money without an army without courts of law the union under the articles of confederation was drifting into dissolution patriots who had risked their lives for independence began to talk of monarchy again washington hamilton and madison insisted that a new constitution alone could save america from disaster by dint of much labor the friends of a new form of government induced the congress to call a national convention to take into account the state of america in may seventeen eighty seven it assembled in philadelphia and for months it debated and wrangled over plans for a constitution the small states clamored for equal rights in the union the large states vowed that they would never grant it a spirit of conciliation fair play and compromise saved the convention from breaking up in addition there were jealousies between the planting states and the commercial states here too compromises had to be worked out some of the delegates feared the growth of democracy and others cherished it these factions also had to be placated at last the plan of government was drafted the constitution of the united states and submitted to the states for approval only after a long and acrimonious debate did enough states ratify the instrument to put it into effect on april thirtieth seventeen eighty nine george washington was inaugurated first president the new government proceeded to fund the old debt of the nation assumed the debts of the states found the national bank lay heavy taxes to pay the bills and enact laws protecting american industry and commerce hamilton led the way but he had not gone far before he encountered opposition he found the formidable antagonist in jefferson in time two political parties appear full armed upon the scene the federalist and the republicans for ten years they filled the country with political debate in eighteen hundred the federalists were utterly vanquished by the republicans with jefferson and the lead by their proclamations of faith the republicans favored the states rather than the new national government but in practice they added immensely to the prestige and power of the nation they purchased louisiana from france they waged a war for commercial independence against england they created a second united states bank they enacted a protective tariff of eighteen sixteen they declared that congress had the power to abolish slaving north of the missouri compromise line and they spread the shield of the monroe doctrine between the western hemisphere and europe still america was part of a european civilization currents of opinion flowed to and fro across the atlantic friends of popular government in europe looked to america as the great exemplar of their ideals events in europe reacted upon thought in the united states the french revolution exerted a profound influence on the course of political debate while it was in the stage of mere reform all americas favored it when the king was executed and a radical democracy set up american opinion was divided when france fell under the military dominion of napoleon and prayed upon american commerce the united states made ready for war the conduct of england likewise affected american affairs in 1793 war broke out between england and france and raged with only slight intermission until 1815 england and france both ravaged american commerce but england was the more serious offender because she had command of the seas though jefferson and madison strove for peace the country was swept into war by the vehemence of the young republicans headed by clay and calhoun when the armed conflict was closed won a diplomacy opened the autocratic powers of europe threaten intervene on behalf of spain in her attempt to recover possession of her latin american colonies their challenge to america brought forth the monroe doctrine the powers of europe were warned not to interfere with the independence or the republican policies of this hemisphere or to attempt any new colonization in it it seemed that nationalism was to have a peaceful triumph over sectionalism references h adams history of the united states 1800 to 1817 casey babcock rise of american nationality e-channing the jeffersonian system dc gilman james monroe w redaway the monroe doctrine t rusevelt naval war of 1812 questions what was the leading feature of jefferson's political theory two enumerate the chief means of his administration three where the jeffersonians able to apply their theories give the reasons four explain the importance of the mississippi river to western farmers five show how events in europe forced louisiana purchase six state the constitutional question involved in the louisiana purchase seven show how american trade was affected by the european war eight compare the policies of jefferson and madison nine why did the united states become involved with england rather than with france ten contrast the causes of the war of 1812 with the results 11 give the economic reasons for the attitude of new england 12 give five quote nationalist and quote measures of the republicans discuss each in detail 13 sketch the career of john marshall 14 discuss the case of marbury versus madison 15 summarize marshall's views on a states rights and b a liberal interpretation of the constitution research topics the louisiana purchase text of treaty and mcdonnell documentary source book page 279 to 282 source materials in heart american history told by contemporaries volume three pages 363 to 384 narrative henry adams history of the united states volume two pages 25 to 115 elson history of the united states pages 383 to 388 the embargo and none of course acts mcdonnell pages 282 to 288 adam's volume four pages 152 to 177 elson pages 394 to 405 congress in the war of 1812 adam's volume six pages 113 to 198 elson pages 408 to 450 proposals of the hartford convention mcdonnell pages 293 to 302 manufacturers and the tariff of 1816 coman industrial history of the united states pages 184 to 194 the second united states bank mcdonnell pages 302 to 306 effect of the european war on american trade calendar economic histories united states pages 240 to 250 the monroe message mcdonnell pages 318 to 320 louis and clark expedition rg thwaites rocky mountain explorations pages 92 to 187 chaffer history of the pacific northwest revised edition pages 29 to 61 end of section eight end of united states history by charles and mary beard part three