MonroeJQAdams

THE JAMES MONROE ADMINISTRATION: Last of the "Virginia Dynasty"

JAMES MONROE was a "lucky man"—a mediocre president, but in tune with the times. Monroe was Jefferson’s law student, of whom Jefferson remarked, if you turned Monroe's soul inside out, it would be "spotless." He was the last president to dress in the old colonial style. His distinguished cabinet included John Quincy Adams, John C. Calhoun and William Crawford, all three of whom became candidates for President.

Monroe's First Inaugural Address showed that the Republicans had adopted Federalist/Nationalist principles—Monroe supported a standing Army, strong Navy, fortifications, and support for manufacturing. It was said at the time that "The Republicans have out-federalized federalism." But Monroe was still an old Jeffersonian at heart—he vetoed certain bills on Constitutional grounds, the only grounds, it was believed at the time, on which presidents could legitimately veto actions of Congress.

See the page on other Political Figures who emerged at this time.

The ERA of GOOD FEELINGS: A Time of Peace, Prosperity, Liberty. Here are some of the main points:

James Monroe ran unopposed for reelection in 1820 and received every electoral vote but one.
The War of 1812 had ended the issue of American independence, and the nation was free to develop without a specter of European recolonization hanging over its head.
Treaties signed with the British and Spanish signed during the post-War of 1812 era left America's borders and shores secure.
The Jeffersonian balance between Individual liberty and responsible government seemed to have been reached.
The Monroe years were also a time of phenomenal economic growth; tariffs and land sales were rich sources of national wealth.
War issues had fostered nationalism—the need for a national bank, tariff protection, etc.
The "Era of Good Feelings" could not last in a society of so many contending interests. Although the surface of public affairs was calm, significant troubles were roiling below—

ANGLO-AMERICAN RAPPROCHEMENT. In the aftermath of the WWar of 1812, both Americans and Britons were fatigues from decades of struggle. Although America did not fight in the Napoleonic wars, there was lasting tension over neutral rights, etc. Thus both parties were disposed to try to secure peace for the future and entered into negotiations to achieve that end with the following results:.

The Commercial Convention of 1815 ended unfavorable trade practices by the British and allowed American access to various markets.
In 1817 many armaments (naval and forts) remained around Great Lakes. Furthermore, Canadians were very apprehensive about American expansionist tendencies. The Rush-Bagot Agreement of 1817 was designed to reduce tension along the Canadian boundary. Minister Bagot in Washington flattered theAmericans (calling Dolley Madison a "queen".) The Rush-Bagot Treaty provided the basis but not reality of an unguarded boundary and demilitarization of the Great Lakes. Navies were kept in mothballs. (The Treaty of Washington of 1871 finally completed disarmament.)
- Lake Champlain and Lake Ontario, 1 ship each; 2 ships on the upper lakes.
- 1 ship and 1 Revenue cutter only on the Great Lakes.
The Convention (Boundary Settlement) of 1818. Gallatin and Rush formed the treaty in in London.
- It provided for the U.S.-Canada boundary to be along the 49^th Parallel to the Rocky Mountains.
- Americans got fishing rights off Canada forever.
- It provided for joint occupation of Oregon; Northern Louisiana border at 49^th parallel.
- Indians quieted; commission established to adjust territorial disputes.

1819 The Transcontinental Treaty (Adams-Onis) fixed the Louisiana border to the Pacific Ocean. Florida was ceded to U.S.

THE MONROE DOCTRINE

The Russian Threat; Tsar’s ukase of 1821--Russian territory extends to 51^st parallel; California settlements of Vitus Bering. 1824, 54-40 line agreed.
Congress of Vienna and the Quadruple Alliance sought to restore world to prewar status—could include return of Spanish rule.
The British in South America; British desire to forestall action by Quadruple Alliance. Most countries gained independence 1811-21. Polignac, French foreign minister already agreed to stay out of South America, but threat that France would help Spain retake colonies.
Adams wants U.S. to act independently, not be a "row boat in the wake of a British man of war."
Final document prepared largely by J.Q.A.
1. American colonies no longer open
2. Political system differs from Europe’s
3. Danger to America if European system extended to Western Hemisphere
4. U.S. will not interfere in European, colonial affairs

European Response—ridicule and scorn. Has no standing in international law. Effectiveness depends on Royal Navy.

Significance of the end of the period of the War of 1812: U.S. Independence no longer an issue. Beginning of the Hundred Years’ Peace leaves the United States free to pursue its continental destiny essentially undisturbed by European affairs. There were even moves to abolish the State Department (or at least the diplomatic corps) on the grounds of irrelevance.

DOMESTIC POLITICS IN THE ERA OF GOOD FEELINGS

Substantial population growth, improved transportation links within the various sections, and attacks on the institution of slavery contributed to a growing sense of regionalism in the new nation. Powerful sectional loyalties had already begun to undermine national unity. The trans-Appalachian West—with its rich soil and developing system of water transportation—experienced substantial growth after 1790. Native Americans offered some resistance but were pushed aside by the onrushing settlers. The growth in the West typified the incredible population growth of the whole nation. Areas that had been populated by Indians and fur traders became the states of Kentucky, Tennessee, and Ohio. The mix of people in the West led to the creation of a new regional culture of a rootless, optimistic folk. The Indians stood in the way of westward movement and suffered the consequences. Defrauded and terrorized, some Indians resisted. Tecumseh, a Shawnee chief, took up the tomahawk but was decisively defeated. So, too, were the Creeks.

SECTIONAL ISSUES 1815-1860

TRADE AND TARIFFS: Like other issues in the Era of Good Feelings, the tariff controversy was agitated by both the War of 1812 and the Panic of 1819. The Tariff Act of 1816 was enacted to protect American manufacturing against British postwar textile imports and promote national economic self-sufficiency. The Panic of 1819 encouraged high tariffs in order to protect American jobs. Except for the commercial interests of New England, high tariffs were supported in every section of the country. In time, the South and Southwest turned against protective tariffs concluding that they increased the costs of imports and inhibited the export of southern cotton.

A complicated issue which can easily be oversimplified; related to international economic picture, diplomatic issues; tariffs can be specific (amount) or ad valorem (%).

Purposes of tariff—to Raise revenue and Protect American industry. Traders tended to oppose very high tariffs. Manufacturing interests favored protectionism. Consumers, farmers hurt by higher prices on taxed imports. Agricultural areas eventually come to reject protectionism.

1607-1789: British imperial rules controlled tariffs/trade. Early tariffs in colonial period were for revenue purposes, mildly protectionist. Leftover mercantilist ideas.

1789-1816: Under Constitution Congress has sole power to levy tariffs. Early tariffs designed chiefly for revenue with moderate protectionism.

1816-1828: The rise of protectionism.

Industry needs protection after 1812 war—GB floods market

Tariff of 1816 responds to British actions; protectionist

1818 Tariffs gradually raised rates on manufactures

1824 High on wool, cotton, iron, finished goods

1828 Tariff of Abominations leads to nullification crisis of 1832; highest level of protectionism before Civil War

1832-1860: Lowering of duties

1832-33 Compromise reached for S.C.—Tariffs lowered

1842 Whig tariff returns back up to 1832 levels

1846 Walker Tariff (Democratic) mainly for revenue

1857 Rates lowered further, free list enlarged

INTERNAL IMPROVEMENTS: South, west, needed roads, canals to get goods to market; Older sections had roads, etc.; didn’t want to spend money on what they already had; Federal government stayed mostly out of it. In 1817 Madison believed Constitutional amendment needed for U.S. to get into building of roads, canals. Calhoun supports under notion of “general welfare,” military necessity. Also: Gallatin’s National Road Bill of 1807; National Road to Vandalia, Illinois.

LAND POLICY. The liberal land acts of 1800 and 1804 reduced the price of public land and the minimum unit for sale. Sales boomed, then slumped during the War of 1812, then boomed again until 1818. Then, agricultural prices fell as foreign markets shrank and the Panic of 1819 destroyed many farms. The West strongly favored a cheap land policy while the North feared it would drain off cheap labor. The South worried about competition from cotton producers in the virgin lands of the Southwest. Westerners were also most enthusiastic for federally financed internal improvements like the National Road.

Used for revenue, development, attract immigrants, etc.

Settlers and speculators wanted cheap land.

Established interests wanted to maximize profit to government.

The Sales Boom; East wants high prices for revenue, West wants cheap land for speculation, expansion.

BANKS

The national bank’s charter was not renewed in 1811. Some questioned its constitutionality, others opposed its competition with state banks and the fact that most of its stock was foreign owned. Absence of national bank during War of 1812 complicated war financing, lowered value of bank notes. In response, Congress created a new Second Bank of the United States in 1816. New bank badly managed at first, endangered by the Panic of 1819. New management, tighter credit policies saved the bank, but at the expense of public favor. All sections split over bank; westerners particularly opposed tight money policies.

Functions: Control currency, enable government to do financial business easily. Country in financial muddle after charter expires in 1811. $7 million in gold returned to England in 1811. Banking Policy confused—tight vs. loose money, inflation/deflation; debtors, creditors. Madison says 1815 if state banks cannot control currency, national bank is necessary. Treasury Secretary Dallas introduces new bank bill.

BANK ACT of 1816: The first Calhoun, Clay, Webster show.

Lessons learned from war: A $35 million charter, 1/5 stock and directors from U.S.

Starts badly, reckless practices, poor administration

Improves when Biddle takes charge o Marshall’s decision in M’Culloch v. Maryland important

Jackson’s shortsighted bank veto in 1832 (“I will kill it!”) leads to 1837 Panic.

THE DIVISIVE ISSUE OF SLAVERY

While there were squabbles over tariff, bank, and land policies, the most divisive sectional issue was slavery. This issue generated surprisingly little controversy from 1789 to 1819. Slave importations increased in the 1790s, but the slave trade was quietly abolished in 1808.

Free and slave states entered the Union in equal numbers (11 each in 1819), and slave-produced cotton became king in the South.

Southerners ardently defended slavery while most northerners were indifferent, believing slavery was a local issue. Many westerners, especially native southerners, also supported slavery.

A moral, political and economic issue that will dominate American political and social life until the Civil War. Opinion divided in ALL sections of country.

Moral issue grows after abolitionists preach against slavery

Many southerners opposed to slavery but stuck with it because of invested capital in slaves

Many Northerners opposed slavery but were afraid of flood of cheap labor if slaves freed

Southern non-slave owning farmers resented unfair competition from slave labor.

1819: AFRICAN SLAVE TRADE

$50 bounty granted to informers of illegal slaves being imported when seized; 1820: Foreign Slave Trade declared piracy; death penalty for U.S. citizens engaged in slave trade.

THE ELECTION of 1824: A "Corrupt Bargain"

John Quincy Adams nominated by Massachusetts Assembly. Wins with 100,000 votes in population of over 10,000,000; ends the "Virginia dynasty"
Clay nominated by Kentucky legislature: American System [see below]
Jackson nominated by Tennessee legislature, endorsed by Pennsylvania. Took no stands on issues
Crawford had stroke in 1823. Congressional caucus nominated
Calhoun withdraws; had announced in 1821 (scandal)
Federalist Party had died, but old Republicans also gone—now it’s National Republicans v. Democratic Republicans
Issues: States’ Rights, Strict Construction; King Caucus: Power to nominate is power to elect. Clay’s "American System."
Personal Politics: Clay throws support to Adams. Adams Prevails in the House, loses with his program. (See Address)

RESULT: Adams 109,000 84 N.E., New York (13)

Clay 47,000 37 KY, Ohio, Missouri

Crawford 47,000 41 Virginia, Ga, Del (4)

Jackson 154,000 99 S.E., Ill, Ind, Pa, Md, N.J.

Clay’s influence as Speaker decisive; victory united Adams’s foes, Clay Secretary of State. Kentucky electors disobeyed legislature, voted for Adams vice Jackson.

John Quincy Adams as President.

Adams hoped to make his presidency a tribute to nationalism. Yet the boldness of his program exceeded his political ability to make it happen.
He often appeared insensitive to public feelings, and he failed to use his power to build support for his programs. Scrupulously honest, he nevertheless was dogged by charges that he and Clay had struck a "corrupt bargain" to gain Adams the presidency.
Refused patronage on honorable grounds, left civil servants in office unless they could be removed for cause. Favored the America System, went far beyond others—astronomy, education, arts, agriculture, sciences, etc. [see inaugural] Aroused much states’ rights opposition.
Adams-Clay followers became National Republicans (later Whigs), Jackson men Democratic Republicans; later dropped R.
1826. Panama Congress debate.
July 4: Thomas Jefferson and John Adams both die . . . "Jefferson lives"

BROADENING OF DEMOCRACY after 1815

Many state Constitutions liberalized 1816-1830, gradually eliminating property qualifications, taxpaying for voting, religious qualifications for office, etc. Electors more and more elected by people, not legislatures.
The nation’s founders believed that "democracy" contained dangerous impulses, but by the 1830s the term had become more acceptable and applicable to American institutions. Alexis de Tocqueville noticed the decline of deference and the elevation of popular sovereignty in America. "Self-made" men could now rise in stature. Americans in the 1820s and 1830s no longer feared that democracy would lead to anarchy. Each individual was to be given an equal start in life, but equality of opportunity did not mean equality of result. The American people were happy to accept a society of winners and losers.
By 1820, most states had eliminated property requirements for manhood suffrage and, as public political involvement swelled, a permanent two-party system became a forum for political ideas. It became understood that a "loyal opposition" was essential to democratic government. Economic questions (prompted by the Panic of 1819) and the role of the federal government were major concerns that assisted a great swelling of popular political interest.
Workingmen's parties and trade unions emerged as workers became convinced that the government should protect the rights of labor as well as those of the producers. Abolitionists sought an end to slavery and supported the civil rights of free African Americans and women. Democratic ideals had a real impact on the American political system. Nearly all adult white males gained the right to vote whether or not they had property. Offices that had been appointive—such as judgeships or the electoral college—were made elective.
The greatest change took place in the style of politics. Professional politicians emerged, actively seeking votes and acting as servants of the people. Men such as Martin Van Buren in New York extolled the public benefits of a two-party system, and political machines began to develop on the state level. National parties eventually developed—the Democrats and the Whigs. Although political parties often served special economic interests, it should be remembered that American politics always retained a strong republican ideology and that all parties sought to preserve equality of opportunity. The Whigs and Democrats differed on whether this could be done best with or without active intervention by the national government, but neither party gave much thought to extending rights to anyone other than adult, white males. It was left to other, more radical, parties to argue the cause of African-Americans, women, and working people.
Social equality became the dominant principle of the age. Special privilege and family connections could no longer be counted on to guarantee success. Industrialization, however, perpetuated inequality, not in the traditional sense of birth or privilege, but in terms of wealth and attainment. Despite persistent and growing economic inequality, Americans generally believed they had created an egalitarian society, and in many ways they had. Political equality for all white males was a radical achievement, and Americans came to prefer the "self-made" man to one who had inherited wealth and refinement. The egalitarian spirit carried over into an attack on the licensed professions, and it was believed that any white male should have a chance to practice law or medicine, whether or not he was trained.

Democratic Culture

Romanticism in American literature often appealed to the feelings and intuitions of ordinary people. A mass reading audience developed, and poets, writers, and artists directed their work to a democratic populace. American artists (although striving to elevate popular tastes) were encouraged to contribute to the general welfare by supporting virtue and middle-class sentiments.
The democratic ethos also affected the arts in this period. Artists no longer worked for an aristocratic elite, but for a mass audience. Many writers and painters pleased the public by turning out Gothic horror stories, romantic women's fiction, melodramas, or genre paintings that lovingly depicted the American way of life. More serious artists sought to inspire the masses with neoclassical sculpture, or landscapes of untamed nature. Only a few individuals, like Edgar Allan Poe, were truly avant-garde, romantic artists.

THE MISSOURI COMPROMISE

Background: The Panic of 1819 worsened tension between the sections and growing sectionalism repeatedly influenced the politics of the 1820s. The most sharply divisive event was the Missouri Crisis of 1819-1820. Many of Missouri Territory’s settlers were native southerners who owned slaves and they petitioned for Missouri’s admission as a slave state. But Congressman James Tallmadge’s amendment called for the gradual abolition of slavery in the proposed new state. This was the first attempt to restrict the expansion of slavery since the Northwest Ordinance of 1797.

The debate generated by the Tallmadge Amendment did not deal with the morality of slavery or the rights of blacks; what was at stake was political influence. Missouri’s admission would give the slave states a majority, thus frightening northerners who already complained of the advantages the South gained from the Three-Fifths Compromise and who also feared having to compete with slave labor.

The Missouri Compromise admitted Missouri as a slave state and Maine as a free state, and the Thomas Amendment barred slavery north of 36ð° x30ð¢ latitude in the old Louisiana Purchase Territory. Southerners accepted these terms since they believed the banned territory was environmentally hostile to slavery anyway. Clay also worked out a compromise when the Missouri constitution tried to ban free blacks from migrating into the new state. The Missouri Crisis warned of the potential divisiveness of the slavery issue.

Missouri Compromise Issues

First real confrontation on slavery since Constitutional convention; Question is spread or containment; political, not moral.
1819: States even, 11-11; free states have 105-81 edge in House; North’s population growing more rapidly;
2,000-3,000 slaves in upper Louisiana territory; Slavery goes back to Spanish, French rule;
Political issue—the morality of slavery not yet a serious question for open debate, but sentiment growing;
Rethinking the Three-Fifths Compromise: QUESTION: Can U.S. Limit slavery in a state: Can U.S. limit admission with slavery? --Equal states
17 February 1820: Maine applies for admission as 23^rd state
Rep. Tallmadge (N.Y.) introduces proposal to amend enabling legislation for Missouri to prohibit further introduction of slaves into Missouri—those already there would become free at age 25.
Fierce debate, passed House (close), lost in Senate
Meanwhile Arkansas organized as territory; slavery OK
Sen. Thomas (Ill) Amendment: Missouri/Maine, 36-30
Taylor Amendment (House): No more slavery in territories
Final compromise narrowly achieved; the South "wins": No. Central states considered "desert"
The Second Missouri Compromise: The Missouri Constitution
Excluded free Blacks and Mulattos from the State
No conflict with Constitution—"No power to bind"
Constitution: Art IV, Sect. 2
Reaction: A Temporary solution at best; feelings smoldering; Jefferson: A "Fire Bell in the Night"

The final compromise accepted, but really accomplished by smoke and mirrors—it said that, in effect, "this constitutions (Missouri) does not mean what it says. But in the climate of the times, it was accepted with relief, and the country did not have to confront the slavery issue again until 1850, but by that time the abolitionist movement had thoroughly transformed the dynamics of the debate. It will be much harder next time.

1819: AFRICAN SLAVE TRADE--$50 bounty granted to informers of illegal slaves being imported when seized; 1820: Foreign Slave Trade declared piracy; death penalty for U.S. citizens engaged in slave trade.

THE MARSHALL COURT and U.S. BUSINESS

Chief Justice John Marshall was a strong nationalist and held a Hamiltonian view of the Constitution. His decisions constantly favored manufacturing and business interests, advanced economic development, and established the supremacy of national legislation over state laws. In several opinions, the Marshall Court upheld the sanctity of contracts, beginning with Fletcher v. Peck, the Yazoo Land Fraud case in 1810.

Marshall also asserted the precedence of federal power over state authority, and in McCulloch v. Maryland (1819) the Court affirmed the constitutionality of the Second Bank of the United States, thereby legitimizing the doctrine of implied powers.
In Gibbons v. Ogden in 1824 the Court defined Interstate Commerce and asserted the right of the Federal Government to exclusive control over that commerce, though later decisions granted the right of states to act where the Federal Government had not done so.
Marshall nationalized many issues, and can be said to have made the U.S. far more amenable to capitalism. In 1837, Chief Justice Roger Taney’s ruling in the Charles River Bridge case declared that public convenience superseded the interests of a particular company, thereby endorsing internal improvements and advancing economic development.

MARSHALL’S LEADING DECISIONS

1803 Marbury vs. Madison [see above]

1810 Fletcher v. Peck

Important for the protection of the vested rights of private property
Extended the purview of the Contract Clause to public as well as private contracts, thereby making it applicable to transactions to which the state itself was a party.
First case in which a state statute was held void under the United States Constitution, originated in an action of the Georgia legislature, which in 1795 was induced by bribery to grant public lands, comprising much of what is now the states of Alabama and Mississippi, to four groups of purchasers known collectively as the Yazoo Land Companies.
Popular indignation forced the legislature in 1796 to rescind the grant, on the ground that it had been secured by fraud. By that time, however, some of the land had been purchased by innocent third parties in New England and other parts of the country. These buyers contested the validity of the rescinding act, contending that the original grant could not be repealed without violating the Contract Clause.
Marshall, speaking for a unanimous Court, agreed: "Is a clause to be considered as inhibiting the State from impairing the obligation of contracts between two individuals, but as excluding from that inhibition contracts made with itself? The words themselves contain no such distinction. They are general, and are applicable to contracts of every description." Declaring that a public grant qualified as a contractual obligation and could not be abrogated without fair compensation, he therefore held that the rescinding act was an unconstitutional impairment of the obligations of contract.

1819 Dartmouth College v. Woodward

Charter is a contract that creates a corporation
Sanctity of Contracts

"But the American people have said, in the constitution of the United States, that "no state shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts." In the same instrument, they have also said, "that the judicial power shall extend to all cases in law and equity arising under the constitution." On the judges of this court, then, is imposed the high and solemn duty of protecting, from even legislative violation, those contracts which the constitution of our country has placed beyond legislative control; and, however irksome the task may be, this is a duty from which we dare not shrink."

Definition of corporation

"A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence. These are such as are supposed best calculated to effect the object for which it was created. Among the most important are immortality, and, if the expression may be allowed, individuality; properties by which a perpetual succession of many persons are considered as the same, and may act as a single individual. They enable a corporation to manage its own affairs and to hold property without the perplexing intricacies, the hazardous and endless necessity of perpetual conveyances for the purpose of transmitting it from hand to hand. It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities that corporations were invented and are in use."

Divisions of Power: McCulloch v. Maryland

Division of Power between federal government and states
Supremacy of Federal Law
Necessary and Proper Clause: implied powers; Hamiltonian view
Power to tax is power to destroy

"We admit, as all most admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will en able that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional … "

"That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied. … "

"That the power of taxing it by the states, may be exercised so as to destroy it is too obvious to be denied."

Sturges v. Crowninshield

Bankruptcy cases—New York State law relieving debtors impairs contractual obligations

1821 Cohens v. Virginia

State court decisions are subject to review by Supreme Court

1824 Gibbons vs. Ogden

Limits on legislative power: Review of State Court decisions OK to insure uniformity.
Economic expansion dependent on judicial nationalism.

"The word used in the constitution, then, comprehends, and has been always understood to comprehend, navigation within its meaning; and a power to regulate navigation, is as expressly granted, as if that term had been added to the word "commerce." To what commerce does this power extend? The constitution informs us, to commerce "with foreign nations, and among the several states, and with the Indian tribes." It has, we believe, been universally admitted, that these words comprehend every species of commercial intercourse between the United States and foreign nations...."

1837 Chief Justice Roger Taney’s ruling in the Charles River Bridge case declared that public convenience superseded the interests of a particular company, thereby endorsing internal improvements and advancing economic development.

1832 Cherokee Nation v. Georgia; Worcester v. Georgia The full text of both decisions can be found at the Cornell Law School.

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Updated September 8, 2001