The+Age+of+Jefferson

= = = = = = = = =For Jefferson the first order of business was quieting the nation's political quarrels= = Congress allowed the Alien and Sedition Acts to expire = = Jefferson released from prison any persons convicted under the Sedition Act = =Congress also ended any internal taxes, including the tax on whiskey which reduced government income= =As a result, Jefferson had to reduce government spending= =To cut spending he lowered the number of government employees = =he reduced the size of the army and navy = =Secretary of the Treasury Albert Gallatin reduced government spending through careful management= = Jefferson believed in the economic ideas known as laissez faire which is a French term meaning "let alone" = =Scottish economist Adam Smith wrote about this theory in his book //The Wealth of Nations// = =Smith argued in favor of a free market economy where goods and services are exchanged with little government regulation = =He believed that free competition would benefit everyone, not just the wealthy=

media type="custom" key="12548314" //Who is Sally Hemmings?//

media type="custom" key="12548482" //Monticello//

= //Marbury v. Madison// = Summary of //Marbury v. Madison//, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803).

Facts
= On his last day in office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office.= =The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall (who later became Chief Justice of the Supreme Court and author of this opinion), but they were not delivered before the expiration of Adams’s term as president. Thomas Jefferson refused to honor the commissions, claiming that they were invalid because they had not been delivered by the end of Adams’s term. = = William Marbury applied directly to the Supreme Court of the United as an intended recipient of an appointment as justice of the peace. States for a writ of mandamus to compel Jefferson’s Secretary of State, James Madison (D), to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed, or persons holding office, under the authority of the United States.” =

Issues

 * 1) ==Does Marbury have a right to the commission?==
 * 2) ==Does the law grant Marbury a remedy?==
 * 3) ==Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?==
 * 4) ==Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution?==
 * 5) ==Does the Supreme Court have original jurisdiction to issue writs of mandamus?==

Holding and Rule (Marshall)
> ==The order granting the commission takes effect when the Executive’s constitutional power of appointment has been exercised, and the power has been exercised when the last act required from the person possessing the power has been performed. The grant of the commission to Marbury became effective when signed by President Adams.== > ==Where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, the individual who considers himself injured has a right to resort to the law for a remedy. The President, by signing the commission, appointed Marbury a justice of the peace in the District of Columbia. The seal of the United States, affixed thereto by the Secretary of State, is conclusive testimony of the verity of the signature, and of the completion of the appointment. Having this legal right to the office, he has a consequent right to the commission, a refusal to deliver which is a plain violation of that right for which the laws of the country afford him a remedy.== > ==It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each. If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.== > ==The Constitution states that “the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.” If it had been intended to leave it in the discretion of the Legislature to apportion the judicial power between the Supreme and inferior courts according to the will of that body, this section is mere surplusage and is entirely without meaning. If Congress remains at liberty to give this court appellate jurisdiction where the Constitution has declared their jurisdiction shall be original, and original jurisdiction where the Constitution has declared it shall be appellate, the distribution of jurisdiction made in the Constitution, is form without substance.== > ==To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.== > ==It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that case. Although, therefore, a mandamus may be directed to courts, yet to issue such a writ to an officer for the delivery of a paper is, in effect, the same as to sustain an original action for that paper, and is therefore a matter of original jurisdiction.==
 * 1) ==Yes. Marbury has a right to the commission.==
 * 1) ==Yes. The law grants Marbury a remedy.The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection.==
 * 1) ==Yes. The Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void.==
 * 1) ==No. Congress cannot expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in [|Article III of the Constitution].==
 * 1) ==No. The Supreme Court does not have original jurisdiction to issue writs of mandamus.==

Application for writ of mandamus denied. Marbury doesn’t get the commission.
=Jefferson was unhappy with the ruling because it gave more power to the Supreme Court.= = **Important because this court establishes the precedent of judicial review** = = =

=A Shifting Foreign Policy=

= When Jefferson became President, American foreign policy made a small but important shift. The concerns of the West and South carried more weight than the concerns of the North.= = More than one third of U.S.trade was with the West Indies = =The most important market was Hispaniola. France controlled the western half of the island (now Haiti). = =Spain controlled the eastern half (now the Dominican Republic)= = The French colony on Hispaniola was the jewel of the French Empire = = Its sugar, coffee, indigo and cotton trade made up two-thirds of France's total trade = = To produce these goods the French depended on the labor of more than half a million African slaves = = News of the French Revolution caused turmoil in French Hispaniola = = In 1791, the colony's slaves rebelled = = By 1793 they had driven the French out declared their freedom. = = The leader of the revolt was Toussaint L'Ouverture, a former slave and grandson of an African chief =

= The leader of France was Napoleon Bonaparte = =Most of Europe, including Spain, was under Napoleon's control.= =In 1800, he forced Spain to return the North American territory of Louisiana to France = = Napoleon planned to reestablish white rule on Hispaniola then send an army to occupy Louisiana =

= Jefferson grew alarmed over the possible loss of free navigation of the Mississippi River and the right of deposit (the right to store goods for later shipment) in the port of New Orleans =

= =

= The right of deposit was cancelled by the Spanish just before they turned the territory over to France = = Western farmers were furious because they had no way to get their harvest to market = = They called for war with France and Spain = = To avoid war Jefferson chose to offer to buy New Orleans = = Jefferson sent Robert Livingston and James Monroe to buy New Orleans and West Florida for $10 million = = Napoleon sent 34,000 soldiers to Hispaniola to retake the colony = = Heavy losses and yellow fever caused Napoleon to abandon his plans = = As a result, Napoleon offered to sell all of Louisiana to the United States for $15 million = = Even though they had no authority to buy all of Louisiana they accepted the offer = = The Constitution did not clearly state that the President had the authority to buy territory but Jefferson decided that he did have the authority to buy Louisiana because he had the power to make treaties = = The Louisiana Purchase doubled the size of the United States =

media type="custom" key="12548232" Louisiana Purchase

=The Lewis and Clark Expedition=

http://www.nationalgeographic.com/lewisandclark/index.html

http://www.usmint.gov/kids/games/lewisclarkadventure/ (Just for fun)

=Jefferson chose a young officer, Captain Meriwether Lewis, to lead an expedition to explore the Louisiana Territory= =Jefferson asked Lewis to= =1. Learn about the Indian nations who lived in the territory= =2. Learn the natural resources located in the territory= =3. Find the source of the Missouri River= =4. Discover the Northwest Passage= =5. Map the new territory=

=Lewis asked his old friend, Lieutenant William Clark to select and oversee a volunteer force which they called the Corps of Discovery = = Lewis and Clark left St. Louis on May 14, 1804 with 40 explorers in one shallow-bottomed riverboat and two canoes.= =The slowly traveled up the Missouri River = =In October they reached the Mandan Indian villages in what is today North Dakota=

=The explorers built a small fort and spent the winter with the Mandan people = =It was here that they met a French fur trapper called Touissaint Charbonneau and his Shoshone wife, Sacagawea = =Sacagawea's knowledge of the territory and the Shoshone language would be invaluable to the expedition= =As they traveled west, the expedition stopped at the Great Falls of the Missouri River, a 10 mile long series of waterfalls= =Lewis described the scene as "the greatest sight I ever beheld."= Great Falls, Montana



=To get around the Great Falls, the explorers had to carry their boats and heavy supplies for 18 miles.= =They built wheels to move the boats but it still took almost two weeks.= =They encountered bears, rattlesnakes, and a hailstorm.= =As they approached the Rocky Mountains, Sacagawea recognized Shoshone lands.= =They soon found the Shoshone people and discovered that the chief was Sacagawea's brother.= =The chief traded horses to Lewis and Clark, and told Shoshone warriors to help them cross the Rocky Mountains=



=Then the explorers traveled up the Columbia River, which leads to the Pacific Ocean= = =  In November 1805. the expedition reached the Pacific Ocean. There, they spent a rain-soaked winter at Fort Clatsop in what is today Oregon

http://www.nationalgeographic.com/lewisandclark/map.html

= In 1806, Lewis and Clark returned to St. Louis with a wealth of scientific and geographic information. Though they learned that an all-water route across the continent did not exist, Americans received an exciting report of what lay to the west.=

=In 1806, Zebulon Pike left St. Louis on a southerly route. Pike's mission was to find the sources of the Arkansas and Red rivers. = =The Red River formed a boundary between Spanish territory and Louisiana.= =Pike and the two dozen men in his party traveled west across the Great Plains= =When they reached the Arkansas River, they followed it toward the Rockies.= =From 150 miles away, Pike saw the Rocky Mountain peak that today bears his name-Pikes Peak. = =He failed in his attempt to climb Pikes Peak.= =Ultimately he turned south hoping to run into the Red River.= =Instead, they ran into the Rio Grande which was in Spanish territory.= =Spanish troops arrested the group= =They returned to the United States after they were released by Spanish officials in 1807.= =They brought back valuable descriptions of the Great Plains and the Rio Grande River Valley=

= =

=The Barbary Pirates=

=The Barbary states were a collection of North African states, which practiced state supported piracy= =to get tribute from weaker Atlantic powers. Morocco was an independent kingdom, Algiers, Tunis, and Tripoli owed a loose allegiance to the Ottoman Empire.= =Great Britain and France encourage the Barbary States' policy and pay tribute to them, as it allowed their merchant shipping an increased share of Mediterranean trade, and Barbary leaders chose not to challenge the superior British and French navies.= =Before the American Revolution, American colonists had enjoyed the protection of the British Navy.= =Once they declared independence, British diplomats informed the Barbary States that U.S. ships were open to attack.= =When Jefferson became president in 1801 he discovered that the United States had paid the equivalent to one-fifth of its annual income to the Barbary pirates for tribute.= =Congress had authorized the building of four frigates in 1794 and Jefferson decided to put the new navy to use= = He refused to negotiate a new treaty with the pasha of Tripoli = = The pasha declared war on the United States = = Jefferson sent four ships to the Mediterranean to protect American shipping = = In 1803, the //USS Philadelphia// was captured and held in the port of Tripoli = = Stephen Decatur of the USS Enterprise heard that the pirates planned to refloat the //Philadelphia// to use against the Americans = = Decatur and his crew led a raid on the Philadelphia then burned it. = = Eventually the Barbary States signed a treaty promising not to interfere with American shipping. =



Modern Piracy

=American Neutrality is Violated= =For a long time, the US managed to avoid involvement in the European wars that followed the French Revolution= =By 1805, the British began to clamp down on US shipping = = They did not want Americans to provide their enemies with food and other supplies = = After the US threatened to take action, the British set up a partial blockade = = This would allow only some American ships to bring provisions to Europe = = The partial blockade angered the French = = They passed their own laws to control foreign shipping = = American merchants were put in a difficult position because both nations were threatening to seize American ships = = The British also interfered with US trade by the impressment, or kidnapping, of American sailors to work on British ships = = From 1803-1812 the British impressed about 6,000 American sailors = = Jefferson refused to declared war = = Instead he asked Congress to pass legislation that would stop all foreign trade = = Jefferson believed that an embargo or a ban on trade would hurt France and Britain by cutting off needed supplies = = However, the Embargo Act hurt the US more than it hurt the British or the French = = US exports dropped by more than $80 million in one year = = Western and Southern farmers lost important markets for their grain, cotton, and tobacco = = Shippers lost income, and many chose to violate the embargo by smuggling goods to banned ports = = The Embargo Act hurt New England merchants the most = = Merchants protested against the Embargo Act = = Jefferson had to admit that the Embargo Act had failed = = Congress passed the Nonintercourse Act which allowed Americans to carry on trade with all nations except Britain and France = = Jefferson admitted that the embargo was three times more costly than war, and he could have built a strong navy for a fraction of the cost of the embargo = = The Embargo Act failed because = = 1. He didn't continue it long enough = = 2. It was not strictly enforced =

= = = Impact of the Embargo Act =
 * 1) = The Federalist Party regained some of its lost power =
 * 2) = Americans built new factories =
 * 3) = Americans reopened some closed factories =
 * 4) = American shipping was devastated =
 * 5) = American warehouses were full of manufactured goods waiting to be sold =
 * 6) = Many Americans were out of work =

http://www.monticello.org/