4. THE AMERICAN REPUBLIC GETS UP AND RUNNING
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| GEORGE WASHINGTON AND ALEXANDER HAMILTON |
Washington as America's first president.
There had never been any question about who would head up the new
Republic as its president. George
Washington's power of leadership was fabled.
He had led the small American army through the darkest of times – by
personal example of his own steadiness, his own willingness to sacrifice
personally for the cause, his own obvious devotion to the God on whom
ultimately all things were dependent.

George Washington – by Gilbert
Stuart
National Portrait Gallery
- Smithsonian Institution, Washington, D.C.
A number of very big issues faced him as he took office: the massive indebtedness
of the American states resulting from the long war for independence, the
uncertainty of where exactly the lines of authority were to be found under the
new regime, and where America stood in the constant tension between France and
England – which America was not going to be able to avoid getting caught up
in.
Alexander Hamilton. The first issue – America's huge money
problem – was handled swiftly by his newly appointed Secretary of the Treasury, Alexander Hamilton – who had served Washington
bravely and faithfully during the war.
When
fighting finally broke out, Hamilton undertook the study of
military history and tactics, eventually organizing an artillery company of
Patriot militia and becoming the unit's captain. His company served bravely in Washington's
army – all the way from the near-disaster in New York City to the victories at
Trenton and Princeton. Hamilton was courted by various
commanding officers to become part of their staff. But he said yes only when it was Washington
himself who made the request.
Washington soon came to depend
heavily on Hamilton – who seemed to have a
well-informed understanding of what to do in various situations, diplomatic as
well as military – and let Hamilton himself issue orders to both
military and diplomatic officers on his own behalf. And it was Hamilton – much to the deep concern
of Washington – who begged for and was finally permitted the dangerous honor of
leading the Patriot charge on the last of the British defenses at
Yorktown.
After
the war, Hamilton went back to his law
practice, often defending Tories who were having enormous
financial, social and personal difficulties in the post-war period. At this point Hamilton took up the study of finance
and in 1784 founded the successful Bank of New York. Recognizing his brilliance, but also serious
grounding in life's hard realities, the State of New York chose Hamilton to be one of its delegates
to the Constitutional Convention. We
have also seen that he and Madison wrote most of the articles of
the Federalist Papers, very
insightful commentaries that explained brilliantly why support of the new
Constitution was so critically important to the country.
And
ultimately it was to Hamilton that Washington once again
turned in his quest to have a strong team working with him in his new role as
US President. And the country's economic
difficulties being the most challenging of the issues facing the country,
Washington asked Hamilton to serve as the nation's
first Secretary of the Treasury.
Hamilton's debt assumption program
– and the "Whiskey Rebellion."
As Treasury Secretary, Hamilton decided to have the new
Federal government assume all the debts of the states, restoring vital
confidence in the country's finances necessary to get the country up and
running again – but requiring the imposition of new taxes to pay off these
debts. This however caused frustration
among many of the Patriot soldiers who had sold their service payments to
speculators for a mere fraction of their face value, believing that this was
the best that they would ever get out of these payments – only now to see the
value abruptly rise – and the speculators being paid off in full by Hamilton's new policies. They felt enormously cheated – especially
then when in 1791 they had to face new taxes on their whiskey (whiskey being a
major source of income to these farmers) to cover the costs of Hamilton's policies.
A
huge rebellion broke out in 1794 among the veterans (the "Whiskey Rebellion" as it is known in
history) and Washington once again regretfully had
to send the standing army (with himself in command) to break what was becoming
a violent rebellion – in order to make it clear that the new government
intended seriously to follow and defend its laws. Whiskey taxes would always remain difficult
to collect. But at least the country now
understood that they had a strong hand in Washington's command of the new
country.
One
of Hamilton's federal revenue collectors being tarred
and feathered by
irate farmers during the Whiskey
Rebellion in Pennsylvania (1791-1794)

| THOMAS JEFFERSON |

Thomas Jefferson – by Rembrandt
Peale
White House Historical
Association
Monticello (1796-1806)
[1]It was later that year decided by the Virginia Assembly that Jefferson
had acted appropriately in taking himself and his officials into hiding in his
various plantations. But he had lost
such stature that he was not reelected governor.
[2]When William Short, a Jeffersonian supporter, wrote Jefferson
from Paris that mobs had taken over the French Revolution and had even butchered some of their French friends, Jefferson in January of 1793 wrote back a sharp rebuke: “My own
affections have been deeply wounded by some of the martyrs to this cause, but
rather than it should have failed I would have seen half the earth desolated;
were there an Adam and an Eve left in every country, and left free, it would be
better than it now is.
That
same year he was elected to the Virginia House of Delegates and joined the
committee designing a new Virginia State Constitution. This gave him the opportunity to advance his
agenda of keeping the religious "establishment" out of the affairs of
state, in sponsoring a bill entitled, Establishing Religious Freedom. He understandably disliked intensely the
dominating role that King George's Episcopalian Church of England had played in
Virginia life. However his bill failed
to pass in the Virginia House.
But
two years later he was able to participate in the task of reviewing all the
laws of Virginia, thus finally allowing him to recast these laws according to
his rather Deist/Humanist worldview (religion).
The
next year he was even elected Virginia governor – putting yet more power into
his hands as a designer of the perfect legal domain. However, his work was interrupted in 1781 by
the attacks in Virginia of the turncoat Benedict Arnold – who burned Richmond to the
ground, and sent Jefferson and his government
officials scurrying pathetically here and there to avoid capture.[1]
After
the war (in 1784), as a member of the American Confederation's Congress, he
chaired the committee that was to plan the development of the Northwest
Territories – in which Jefferson outlined nine territories
(with very exotic-sounding names!), eventually trimmed down to five territories
(with largely Indian names).
But
that same year he was sent by the Confederation to join Franklin and Adams in Europe, to secure various
diplomatic agreements with England, France, Spain, the Netherlands, etc. At this point, Jefferson fell completely in love
with the French lifestyle, especially French intellectualism – which was
becoming increasingly aggressive at this point.
And he came very close to being an on-site spectator to those events
that broke out in July of 1789 – except that, in what was supposed to be a
brief return to America for the summer, he was called on by Washington to take
the post as America's first Secretary of State.
Thus, Jefferson had to watch events unfold in
Paris from a distance.
But
his heart was clearly with the wildly enthusiastic French Revolutionaries. He was certain that – in overthrowing the Old
Order of Monarchy, Aristocracy and Church – the Revolution would be bringing
France to an Ideal realm of pure Reason.<
Jefferson vs. Hamilton.
Soon, because of all the political turmoil unleashed by the French Revolution, facing America was
the matter of France versus England – and where America would position itself
in the midst of the ongoing feud between these two countries. Jefferson, now (at least
theoretically) in charge of American diplomacy – was all-out in his support of
France – to a point of dangerous blindness when he refused for the longest time
to see any injustice in the way the French Revolution was turning itself
into a violent, cruel and bloody mess.[2]
On
the other hand – although they had personally fought the English fiercely in
their effort to maintain American independence (while Jefferson had spent the war avoiding
the English enemy) – Washington and Hamilton understood that England,
despite that recent war, was still the more logical American ally.
But
this pro-British stance of Washington and Hamilton so infuriated Jefferson that at the end of 1793 he
stepped down from Washington's Cabinet – to form an anti-Federalist faction
designed to fight Washington, Hamilton and the Federalists.
Now also Madison switched sides and joined Jefferson to develop the new
Republican party (led at the time mostly by Virginians – not connected
at all with the modern Republican
Party!).
JAY'S TREATY
The British did not help
their case in America by refusing to abandon their forts located to the west
across the Appalachian Mountains – and by maintaining their alliances with the
American Indians living in that region.
But most infuriating to the Americans was the British practice of
stopping American ships and seizing their hardiest sailors, claiming these to
be Englishmen avoiding English naval service – when this was seldom the case. Americans protested – and in 1794 sent
Supreme Court Chief Justice John Jay to England to try to straighten matters out. Actually, the English were not greatly
impressed by American power and Jay returned home with only small concessions – giving
Jefferson's Republicans all sorts of opportunity to
mock "Jay's Treaty" and attack Washington and the
Federalists.
| WASHINGTON'S SECOND – AND FINAL – TERM |

Washington's re-election as U.S. President in 1792
But
in any case, Washington's departure thus helped establish the tradition that
two terms of service (eight years) was the absolute limit on Presidential
service. It would eventually even become
a written Constitutional law in 1951 (the 22nd Amendment) – after Roosevelt
abused this principle by running for a third and then a fourth term in the 1940s.
| JOHN ADAMS |

Then
speaking and publishing strong defenses of the rights of the colonies to oppose
the King's attack on their long-standing ability to govern themselves fully, he
put himself out in the lead of the growing movement against the king. This
earned him the appointment as a Massachusetts delegate to the First and Second
Continental Congresses, the latter which asked him to head up a committee to
draft a Declaration of Independence. The fact
that he let Jefferson take the initiative rather
than he himself in actually providing the original draft – and thus Jefferson gaining fame forever for
doing so – would remain for Adams a perpetual torment!
Adams served on a number of
committees of Congress over the next years.
Then from 1778 onward he was sent back and forth (along with Franklin) to Paris to develop a
working alliance with the French. And he
too was part of the discussions that produced the Treaty of Paris formally
ending the war in 1783. But in the
meantime, he had also been working with the Dutch to coordinate with them their
role in supporting American independence – and Dutch banks in helping post-war
America financially. Then in 1785 he
was sent to London as America's first Ambassador to the Court of St. James (as
that position has always been known).
While there, he contributed his own excellent writings in support of the
adoption of the new American Constitution (which, because he was in England at
the time, he had no direct part in drawing up).
By
this time he was so well known in America that he came in second in the
Presidential vote – and thus, by the understanding at the time, the recipient
of the position as America's first Vice President. But as& Adams would come to discover, it was
a position with a title only, and no real political power or importance of any
kind. But finally it did put him in
position to run for the presidency when Washington stepped down.
And thus in 1796 he was elected President (barely) over his
competitor Jefferson – and only when the
election was placed in the hands of the House of Representatives because no
candidate had a majority of votes. In
the House, Hamilton and his Federalist
supporters finally decided that they disliked Jefferson more than they disliked Adams! Thus in electing Adams to the presidency, this made
runner-up Jefferson the new Vice President –
and Hamilton even more greatly disliked
by Jefferson and his Republicans. In the end this action in support of Adams put Hamilton on the Republican hate list.[3]
Adams as President. In any case, with Adams as President, he had to face
the fact that it was now the French who were seizing American ships –
embarrassing Jefferson and the pro-French
Republicans. Hamilton and the Federalists now
called for war against the French. It
was all that Adams could do to keep tempers cooled
down – especially with the "XYZ Affair" that scandalized
Americans when Americans were sent to try to solve this problem, but were told
they would first have to pay enormous bribes to French agents (self-identified
only as X, Y and Z) in order to get discussions going. They refused.
Consequently, Americans became even more enraged at hearing of the
French behavior.
By
the next year (1799) it seemed as if America was actually at war with France
(the "Quasi War") on the high
seas. And with a large sweep of the 1798
congressional elections by the Federalists, the demand for an actual
declaration of war was now very strong.
[3]In 1804, Aaron Burr shot and killed Hamilton in a pistol duel over insulting comments Hamilton had made in letters about Burr as
Republican candidate to the position of New York governor, comments Hamilton intended to remain private but got printed somehow.
In
the end, to avoid war at all costs, Adams sent an envoy to Paris to work
out some kind of understanding with the French that could reduce diplomatic
tensions. The envoy came back with a
treaty in which the French agreed to leave American ships alone – a treaty
which Adams signed – understanding that
this would hardly satisfy the war-hungry Federalists, nor bring the angry
Republicans back to a cooperative spirit in Congress. In fact, he understood
that by signing it he was undercutting any chance he had of victory in the
elections coming up only a month away.
He was right. But it was a brave
thing to do – sparing the country from a war it did not need to fight.
One
final act of Adams just as he was about to leave
office was the rush to sign some six dozen appointments to positions in the
Federal Judiciary – including the all-important appointment as Chief Justice of
the Supreme Court the Virginian (but, exceptional for the Virginian group, a
very strong Federalist), John Marshall.
This action would not only upset the wave of new Republicans voted to
Congress – but would put at the head of the American judiciary an individual
who in so many ways would rewrite the American Constitution with respect to the
role that the Federal Courts would come to play in the nation's political
affairs – putting in the hands of the Supreme Court justices powers never
intended by the Constitution's original Framers.
Anyway,
having completed his service as the country's second president, Adams slipped quietly out of the new
capital at Washington, D.C., as America's new president, Jefferson, was sworn into office
there.
LIFE SETTLES IN NICELY AT HOME IN THE NEW REPUBLIC
Historical Society of
Pennsylvania

Tontine Coffee House in New York City – (around 1797)
New York Historical Society
Boston – 1800
JEFFERSON AS PRESIDENT
To Jefferson's great credit,[4] it was
during the early years of his presidency that America purchased from the French
the huge Louisiana territory to the West of the Mississippi (the Indians living
there not being consulted on this matter, of course) – blocking the possibility
of any European power getting there before the Americans – who were spreading
westward rapidly. This purchase
effectively doubled the land claim of the American nation!
the purchase of the entire Louisiana Territory

Meriwether Lewis and William Clark

Lewis, Clark and Sacagawea
Montana House of Representatives

Zebulon Pike
led two additional explorations into the American West
(1805-1806 and 1806-1807)
The bombardment of the harbor at Tripoli (August 3, 1805)
U.S. Naval Academy Museum, Annapolis
Jefferson decided to extend the same
restriction against trade with France as well, shutting down pretty much all of
America's export business – and nearly collapsing the American economy.
Jefferson cuts back on the navy. To make bad matters even worse, Jefferson then chose to meet the
European challenge by not building more warships (frigates), the likes of which
had proven themselves so capably in the war with the Barbary states. He figured that not having a fighting navy
would help keep Americans from making the mistake of wanting to go to war with
either France or Britain.[6] Instead he chose to build a number of much
smaller gunboats. These would not be
terribly effective in defending American shipping overseas, but certainly could
be used to help prevent the American smuggling that his embargo encouraged.
Thus
it was that Jefferson continued to see himself
not as a warrior but as "a man of peace" – unable to understand how
international power actually works, and consequently leaving America
increasingly vulnerable to European power politics abroad – and vengeful
Indians at home.
It
is also important to note that for one who had been so loud about protecting "states'
rights" against the assumption of autocratic power by an uncontrolled
government in Washington, Jefferson had no problems personally
acting in such an autocratic fashion when he himself was president (imposing
his restrictions on American trade and downsizing America's military
defenses).
But
of course Jefferson was among the most "enlightened"
of Americans, and that justified his autocracy (as "enlightenment"
always does!).
But
thankfully, just as he was about to leave office in 1809, Jefferson somehow awoke finally to
the realization of the magnitude of the disaster his economic policies had
produced – and he finally repealed his ill-conceived embargo. And the American economy soon revived.
[4]Actually, such credit belongs to his envoys sent to France, Livingston
and Monroe, who were originally authorized to purchase (for an amount not to
exceed $10 million) only the town of New Orleans located near the mouth of the
Mississippi River – but who on their own authority answered with an immediate
"yes" when Napoleon offered them the entire Louisiana Territory for $15
million. In part this came about so
easily for the Americans because Napoleon was short on funding at the time and found American money
rather than American land more supportive of his ambitions.
[5]Jefferson would also send out other teams to explore the new
territory, including that of Gen. Zebulon Pike who
in 1806 ventured as far west as the territory that would become Colorado (who
also was captured by the Spanish in the process, but released in 1807!).
[6]Liberal Humanists such as Jefferson
have always supposed that it is weapons that cause wars – and thus disarming
the people will automatically cut back on the dangers of the people falling
into a war with someone else. But in
fact self-disarmament – that is, disarmament if not mutual on the part of all
contending societies – will merely undercut the ability of a society to protect
itself against another society that has come to hold such power that it no
longer fears the consequences of its efforts to bully others into submission. Weapons are not the problem. The political-moral intentions of societies
are what are critical in matters such as this.
| JOHN MARSHALL – AND THE EMPOWERMENT OF THE SUPREME COURT |
Why did the Supreme Court assume such power for itself? Basically because Marshall saw that it was there for
the taking – and because no one at the time understood the dynamic and thus did
nothing to block this huge assumption of power by the Supreme Court. Eventually because nothing was done, it
became simply assumed that the Supreme Court had such constitutional
powers. But unlike the rest of the
federal system, which was put in place with a number of built-in checks on its
various powers, the Supreme Court was originally defined with no known checks
on its power.
The
presumption was that a long-held Anglo legal ethic would somehow direct the
action of the Court. But such an ethic
would prove over time susceptible to being interpreted widely and deeply in a
number of quite different ways, depending on the personal political or
ideological makeup (always well rationalized, as lawyers are indeed trained to
do) of the nine members of the court – or even just five of the justices
constituting a slight voting majority for any particular case. That's a lot of unrestricted power to put in
the hands of a very small group of enlightened individuals!

Miles
H. Hodges