Democratic-Republicanism Blooms: 1801–5

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Democratic-Republicanism Blooms: 1801–5

The Federalist Party's defeat in the 1800 presidential election marked the beginning of the party's decline. America's first president, George Washington (1732–1799; served 1789–97), and second president, John Adams (1735–1826; served 1797–1801), both thought like Federalists. Alexander Hamilton (1755–1804), leader of the Federalists, was Washington's treasury secretary, and President Adams ran for reelection in 1800 under the Federalist Party's banner. Federalists favored a strong national government, promoted industry and manufacturing over agricultural interests, favored taxes to support the national government, and created the nation's first national bank. Most Federalists lived in the Northeast around urban areas and were the best-educated and wealthiest Americans.

Although the Federalists had played the key role in shaping the U.S. government over the previous twelve years, Americans in 1800 were ready for a change. The Democratic-Republicans, led by Thomas Jefferson (1743–1826), gained widespread popularity. Jefferson won the presidential election of 1800 and brought the Democratic-Republicans into power for the first time. Democratic-Republicans favored a limited national government. They were angered by Federalist economic policies that seemed to favor Federalist businessmen and bankers, and they promoted agriculture over industry and manufacturing interests. Their support came chiefly from farmers throughout the United States and from most Southerners.

Federalists, including Adams and Hamilton, did not believe that common people had the ability to make correct decisions for the young country. In contrast, Jefferson and the Democratic-Republicans championed these everyday Americans—their discussion of issues and their thoughtful votes. Jefferson came from a wealthy family, but Americans believed he would defend and increase the rights of ordinary people. Jefferson was especially supportive of farmers as nine out of ten Americans lived in rural areas, primarily on farms. Jefferson's presidency was eagerly awaited.

Jefferson freely used the term "democracy"—rule by the people—to describe the U.S. government. During the American Revolution (1775–83), people had avoided using this term, because at that time rule by the people was understood as rule by mob action. By the early 1800s, however, democracy was understood to mean rule by the people in a free society. Jefferson would emphasize democracy throughout his presidency.

Words to Know

Cabinet: A group of people, including heads of major governmental departments, who advise the U.S. president.

constitutional: In agreement with the principles of the U.S. Constitution.

democracy: A government whose laws and functions are determined by the will of the majority.

judicial review: The process by which federal courts review laws to determine whether they violate the U.S. Constitution.

original jurisdiction: A court's authority to rule on a legal dispute first.

First inauguration in Washington, D.C.

Thomas Jefferson was the first president to be inaugurated in the remote hamlet of Washington, D.C. The land surrounding the nation's new capital was swampy or, at its higher elevations, thickly forested. Only the north wing of the capitol had been finished—a three-story building on a hill. It housed the Senate, the House of Representatives, the U.S. Supreme Court in the basement, and a one-room Library of Congress. Nearby were small houses for about five hundred families and boardinghouses where the congressmen lived. The President's House (as the White House was known at the time) was unfinished, but President Adams completed his term there after he and his family had moved into the residence the previous fall.

On March 4, 1801, the roads of Washington, D.C., were muddy, but the sun shone brightly. That morning, Jefferson dressed in green breeches, gray stockings, and a gray waist-coat—the clothes of a country gentleman, the image he wished to portray. Jefferson left his boardinghouse and either rode his horse or walked with friends to the capitol. The first two U.S. presidents, Washington and Adams, had ridden in fine carriages to their inaugurations.

Jefferson was a striking figure, much as Washington had been. He was almost 6 feet 3 inches tall, had reddish hair, high cheekbones, and a prominent nose. He entered the Senate chamber, where Chief Justice John Marshall (1755–1835) administered the oath of the presidential office. Jefferson promised to uphold and defend the Constitution of the United States. Although they were distant relatives, Marshall and Jefferson were political enemies. Marshall, a Federalist, had been appointed chief justice of the Supreme Court on January 20, 1801, only six weeks earlier. The appointment was one of President Adams's last major acts in office.

In his eloquent inaugural address reprinted in The Writings of Thomas Jefferson, Jefferson downplayed political differences, saying, "We are all Republicans, we are all Federalists." He meant that they were all Americans and needed to "unite in common efforts for the common good." Knowing he had supported the French Revolution (see Chapter 6), Federalists feared Jefferson might call for revolutionary change that would destroy all they had worked for during the last twelve years. They especially worried that he might call for actions to punish them for creating and passing the Alien and Sedition Laws. The Alien Laws, which made it more difficult for a foreign-born person to become a U.S. citizen, were never enforced, but the Sedition Act was put into use. Sedition means behavior or language intended to incite rebellion against an authority or the government. The Sedition Act stated that anyone who criticized the government in writing or in speech would be committing a crime punishable by fines and imprisonment. A few Democratic-Republican newspapermen were, in fact, jailed under the Sedition Act.

By the end of inauguration day, the Federalists' worst fears had eased. It was clear that a peaceful change in power had occurred. In a world where governmental leadership changes were usually marked with violence, bloodshed, and confusion, the peaceful transfer of power was truly ground-breaking. Jefferson intended to unite the country, not divide it. His first business was appointing a new Cabinet, the group who would advise him and run the various departments of the government.

A Democratic-Republican Cabinet

Rather than selecting Cabinet members from only one or two states, Jefferson chose men from around the nation. However, his appointees all shared Democratic-Republican principles and approaches to governing. Three cabinet members were from New England; three others were from Pennsylvania, Maryland, and Virginia. The Virginian, James Madison (1751–1836), the main author of the U.S. Constitution and a staunch Democratic-Republican, was appointed secretary of state. Madison possessed a brilliant legal mind. He was also a tactful politician and a fine historian. He had a jolly personality, and his wife, Dolley Madison (1768–1849), was the liveliest lady in Washington. Since Jefferson was a widower (his wife, Martha, died in 1782), Dolley took on the role of official hostess for the administration.

Another key appointment was Secretary of the Treasury Albert Gallatin (1761–1849) from Pennsylvania. While few Democratic-Republicans were experts on banking and trade, Gallatin was a wizard with figures and finance. He proved to be an able assistant and department leader.

True to democratic form, Jefferson gave every Cabinet member and himself one vote on issues. He had no use for shows of power. The doors to the President's House were always open to his Cabinet and to legislators. Jefferson emphasized simplicity rather than the formality of the Washington and Adams administrations. He rode on horseback, not in a carriage, shook hands rather than bowing, and did away with formal state dinners, hosting private dinners instead.

Jefferson loved to entertain at the President's House but did so at a round table so no one would preside at the head. Dress and manners were casual. With little to do in Washington after work, congressmen loved to be invited to the President's House, where good wine and food were served a mida cheerful and graciously welcoming atmosphere. However, not everyone was comfortable at the President's House. Stiff and formal, British minister Anthony Merry (1756–1835) and his wife, Elizabeth, thought Jefferson's casual manner dreadful and even complained officially to London. Likewise, Spanish minister Marquis de Yrujo and his American wife, Sally McKean, a Federalist, were offended by the less ceremonial environment. Jefferson rather enjoyed annoying the Europe an upper crust. He saw the United States as an island of equality in a world where the very wealthy elite ruled.

Democratic-Republican changes

As soon as his Cabinet was in place, Jefferson began to dismantle some Federalist policies. The hated Alien and Sedition Laws (see Chapter 6) expired in 1801. Jefferson and Congress refused to renew them. Jefferson pardoned any person still imprisoned under the laws and paid back fines that had been imposed. Jefferson also influenced Congress to reduce the residency requirement for naturalization from fourteen years to five years, the same as it was before the Alien Laws were passed. Naturalization is the process by which immigrants become citizens of the country where they reside.

Jefferson wanted to reduce the national government's power by reducing the budget. He also wanted to lower the national debt (money the government owed to private lenders and to other countries). To reduce the budget, he reduced the navy and army that Washington and Adams had built up. No threat of war existed, so Jefferson reduced the navy to four ships. He reduced the army from four thousand men to twenty-five hundred.

Jefferson also focused on ways to pay down the national debt, which stood at $80 million when he took office. Believing a government with high debt lost its freedom to the management of bankers, Jefferson set aside $7.5 million a year to pay down the debt. The government's income came from two Federalist tax policies: a 25 percent tax on distilled liquor, especially corn whiskey, and import taxes or tariffs, taxes on goods brought into the country. Jefferson insisted on lifting the tax burden off the poor but keeping it for those most able to pay.

Jefferson eliminated the despised 25 percent distilled liquor tax, much to the relief of farmers. Farmers made whiskey from their corn crops, then sold it at market; because they had little cash, they sometimes used the whiskey as money to buy supplies. The tax remained on wine, a beverage enjoyed by wealthy Federalists. This gave them one more reason to speak badly of President Jefferson.

Jefferson decided to keep the import taxes that shippers paid on goods coming into the country. The first years of the 1800s were peaceful. Ships sailed into U.S. ports, unloaded foreign goods, reloaded with American-made goods, and headed right back out for markets all over the world. Trade was so brisk that American manufacturers and farmers prospered as never before. Jefferson reasoned that shippers were able to pay the taxes; it was not a burden for them, because they were making plenty of money. The import taxes provided a great deal of income to pay down the debt.

Following the advice of his Secretary of the Treasury Gallatin, Jefferson did not dismantle the Federalist-created national bank. He had been very much opposed to it when Alexander Hamilton (1755–1804), secretary of the treasury in the Adams administration, established the bank. Jefferson feared that the national bank concentrated too much wealth in the hands of a few Americans. However, Gallatin persuaded him that the bank's framework was needed, and the bank went on operating until 1811, when its charter (authority to operate) ran out.

Contrary to the Federalists' initial fears, Jefferson did not sweep all their ideas and work out of the government. Though he did eliminate the whiskey tax, they acknowledged that he kept the national bank and import taxes. The Federalists therefore viewed Jefferson's actions as moderate rather than radical, and they began to view him as less of a danger to the nation than they had once thought.

Jefferson and the courts

In the election of 1800, the Federalists lost not only the presidency, but control of Congress as well. Federalist congressmen were swept out by a wave of newly elected Democratic-Republicans. The election was held in November 1800, but the new president and congressmen did not assume control until March 4, 1801. Adams and his party feared Jefferson and the new congressmen would undo everything the Federalists had accomplished. Adams decided to pack the courts with as many Federalist judges as he could before March 4. By doing this, he ensured that Federalists would have a continued role in the U.S. government. Judgeships were lifelong appointments, so the judges he appointed would guarantee a Federalist presence in the government for a long time.

On January 20, 1801, Adams appointed his secretary of state, John Marshall, to the position of chief justice of the Supreme Court. Congress, still controlled by the Federalists, confirmed Marshall (approved his appointment) in less than two weeks. Marshall was a wealthy Virginia planter just like Jefferson; he was also a distant relative of Jefferson. However, unlike Jefferson, Marshall was a Federalist who wanted to make the national government much stronger, not lessen its role. Marshall and Jefferson were strong enemies. Marshall did not assume the chief justice position until March 4. He continued serving as secretary of state until then.

The departing Federalist Congress passed the Judiciary Act of 1801, which established sixteen new judgeships plus other court offices including forty-two justices of the peace. Justices of the peace were local officers authorized to try minor dispute cases and marry couples. Adams appointed Federalists to fill the judgeships, which were quickly approved by the Senate; every appointed justice of the peace was also a Federalist. The Senate received the nominations for the justices of the peace on March 2 and confirmed them on March 3. At that point, two more steps needed to take place: President Adams had to sign the commissions allowing the appointees to assume their new positions, and Secretary of State Marshall had to place an official government seal on the documents and see that they were delivered to the new justices of the peace.

President Adams and Secretary of State Marshall worked into the night of Adams's last full day in office to sign and seal the documents and arrange for their delivery. Under the hurried conditions, several commissions (official papers appointing them to the position) that were signed and sealed were not delivered. One of those was for William Marbury, who was to be a justice of the peace for the District of Columbia.

Jefferson called the hastily appointed judges the "midnight judges." Jefferson could do nothing about the lifetime judge-ship appointments or Marshall's appointment, but he could immediately block appointments of the seventeen of forty-two justices of the peace who had not yet received their commissions. Jefferson wanted to appoint Democratic-Republicans instead. He ordered Secretary of State Madison not to deliver the commissions that had been mistakenly overlooked by outgoing Secretary of State Marshall during the rushed evening of March 3. The commission for Marbury was among those that Jefferson withheld. Jefferson would hear from Marbury shortly.

Supreme Court establishes judicial review

When John Marshall assumed the duties of chief justice of the Supreme Court on March 4, 1801, the Court was considered weak and unimportant. During the early 1800s, the three branches of government were just learning what their responsibilities and limits were in relation to each other. The U.S. Constitution planned for all three branches to balance each other so that none of the branches would become too powerful. This was a plan known as checks and balances. Checks and balances refers to the specific powers in one branch of government that allow it to limit the powers of the other branches. By early 1801, the Supreme Court had not yet established an influential role in the checks and balances system.

Marbury v. Madison, a legal case decided in 1803, began the transformation of the Supreme Court into the most powerful judiciary in the world. The decision established judicial review as the Supreme Court's key function in the system of checks and balances. Judicial review is the process by which federal courts review laws to determine whether they violate the U.S. Constitution.

Laws are passed by the legislative branch (Congress) and carried out by the executive (presidential) branch. When a law is challenged, the Supreme Court decides if the law is in agreement with the principles and powers written in the U.S. Constitution. If it is, the law is constitutional and can be rightfully enforced. If the Court finds that the law is not in keeping with the Constitution, the law is unconstitutional and cannot be enforced. In this way, the Supreme Court acts as a check on the power of the legislative and executive branches of government.

Marbury v. Madison

When on March 4, 1801, President Jefferson ordered Secretary of State Madison not to deliver the justice of the peace commissions that former president John Adams had meant to issue, William Marbury, one of the intended recipients, petitioned the Supreme Court for a writ of mandamus. A writ of mandamus is a legal document that orders a public official to carry out his duties. Marbury argued that because his commission was already signed and sealed it was Madison's administrative duty to deliver it to him. Marbury cited Section 13 of the Judiciary Act of 1789 to support his argument. In Section 13, Congress gave the Supreme Court the authority to issue a writ of mandamus when the Court was the first to hear the case. (Lower courts had the same authority.)

Marbury's case against Madison began in March 1801, but Chief Justice Marshall and the Supreme Court did not issue a decision on the case until 1803. In considering the case, Marshall looked at Article 3 of the Constitution, which gave the Court two types of jurisdiction: original and appellate. This meant that the Court sometimes had the authority to rule first on a case (original jurisdiction), and that in other situations, the Court could hear a case only after it had worked its way through the lower courts (appellate jurisdiction). The Constitution gave the Supreme Court original jurisdiction in only two situations: if a case involved ambassadors (U.S. diplomats sent to foreign countries, or foreign diplomats in America), or if a state was named as a litigant (one of the sides) in a case. Therefore, Marshall concluded the Supreme Court had no original jurisdiction in the Marbury case, no authority to be the first court to hear the case. Instead, the case should have been presented in a lower court; then, if the losing side opted to appeal the case several times (call upon the next higher court to review the lower court's decision), it might have worked its way up to the Supreme Court.

Chief Justice Marshall decided Section 13 of the Judiciary Act of 1789 did not follow the intent of the Constitution. The Constitution granted no authority to the Supreme Court for issuing a writ of mandamus. Therefore, Chief Justice Marshall ruled Section 13 unconstitutional and unenforceable by a court of law. This was the first instance of the Court negating an act of Congress.

In his decision. Marshall wrote that courts could not uphold unconstitutional acts of the legislature. In other words, no act of Congress could require something forbidden by the Constitution; if Congress passed such legislation, the Court would strike it down (declare it illegal). Marshall's reasoning on the Marbury v. Madison case established the doctrine of judicial review. The Court did not issue the writ of mandamus for Marbury. Therefore, Madison and Jefferson won.

Although they won against Marbury, Jefferson and Madison understood the full implications of the Supreme Court decision. The Constitution did not specifically give the power of judicial review to the Supreme Court. This power came from Marshall's interpretation of the Constitution. Jefferson prided himself on always interpreting the Constitution literally; this meant abiding by the rules of the Constitution exactly as they were written and not expanding the scope of the original document. Jefferson and Madison believed Marshall's interpretation gave too much power to the Supreme Court and hence to the national government. In 1798, Jefferson and Madison had tried unsuccessfully to have states assume the power to declare laws unconstitutional (see Chapter 6). They now tried to strike a blow against the Court's new power by starting impeachment proceedings against Supreme Court justice Samuel Chase (1741–1811). Impeachment is a legislative proceeding charging a public official with misconduct.

Impeachment of Samuel Chase

Justice Samuel Chase (1741–1811) was appointed to the Supreme Court in 1796 by then-President George Washington. Chase was a staunch Federalist, and he had no sympathy for the Democratic-Republican cause. Chase made it no secret that he lacked respect for the intellectual ability of ordinary citizens, and he went out of his way to publicly criticize Jefferson, the leader of the Democratic-Republicans. Chase was so illtempered that even some Federalists disliked him.

In 1803, after winning the presidency, Jefferson decided Chase had to go. He asked the House of Representatives to impeach Chase for interjecting his personal political views into the courtroom cases. After a year of study, the House voted to impeach. As the Constitution required, the case went to the Senate for trial. Two-thirds of the senators had to vote against Chase in order for him to be removed. Chase argued he should not be removed for criticizing the president. Although the senators greatly disliked Chase, many believed they would set a dangerous precedent (an established example that would influence later cases) by removing Chase. The Senate did not gather enough votes to remove Chase, and he served on the Court until his death in 1811.

Jefferson promptly denounced the impeachment process as a useless farce. However, if he had won, there is speculation he might well have pursued other Supreme Court impeachments, given the highly charged political atmosphere at the time. Jefferson's action did succeed in subduing the Court for a time, because the judges feared going through an impeachment process.

The Federalist newspapers, their readership rapidly declining, made one last attempt to bring attention to their viewpoint. They used the Chase impeachment as a springboard to criticize and harass Jefferson and his administration on their every move. Jefferson had to call up every ounce of patience he could to resist lashing out and restricting the press. But recalling the controversial Sedition Act (the Federalists' attempt to restrict free speech), he knew he must let his critics have their say. He understood that a democracy must allow freedom of speech and press.

In hindsight, the 1803 and 1804 struggles between the Court and president illustrate how the U.S. government was taking shape and developing. Supreme Court judicial review, although opposed by Jefferson and Madison, became a cornerstone of American government. Impeachment, although a jar-ring check of power and rarely used, could be initiated against government officials if the House of Representatives agreed the offenses were severe. Finally, President Jefferson had stood up for freedom of speech and press, demonstrating that they were not just good in theory, but had to be allowed in practice.

Louisiana Purchase

Jefferson and the Democratic-Republicans believed America's future rested with farmers working their land productively. They were eager to reduce the influence of the cities and manufacturing, because they believed city industries would concentrate too much wealth and therefore too much power in the hands of a few. They preferred to see the country's wealth divided evenly among all Americans. To increase farm productivity and ownership of farmland, Jefferson needed to ensure the availability of more land. Although this promised to be a difficult task, Jefferson got a lucky break: the Louisiana Purchase. This incredible land deal would double the size of the United States.

At the beginning of 1800, Spain was a declining European power overwhelmed by Britain and France. In North America, New Orleans and Louisiana were Spanish territories. The name Louisiana referred to a whole region west of the Mississippi River, from New Orleans north to Canada and west to the Rocky Mountains. At some point in 1800, French leader Napoléon Bonaparte (1769–1821) persuaded Spain to secretly sign over all of Louisiana to France.

Soon rumors spread to America about the exchange. It seemed to be confirmed when suddenly in 1802, Spain announced it was withdrawing the right of deposit of goods at New Orleans. Western farmers floated their produce down the Mississippi and stored (deposited) it at the port of New Orleans. There, oceangoing ships loaded it and took it to sell in markets on the U.S. east coast and in foreign countries. The right of deposit was essential to the livelihood of the farmers. Angry frontier farmers began plans to march on New Orleans.

Meanwhile, Jefferson had also become alarmed. He had never worried about Spain holding Louisiana, because he considered Spain so weak that the United States could in fact control New Orleans as it saw fit. However, New Orleans under Napoléon, the French military genius, posed an immediate threat to the control of New Orleans and indeed to the United States itself. In spring 1803, Jefferson sent the former governor of Virginia, James Monroe (1758–1831), to France, where he joined the regular U.S. ambassador, Robert R. Livingston (1746–1813), in an attempt to negotiate a purchase of New Orleans from Napoléon. Jefferson had instructed them to offer Napoléon up to $10 million for New Orleans and as much surrounding land as they could negotiate.

Napoléon had obtained Louisiana from Spain with the hope that this land could provide food for the French islands in the West Indies. The island of Haiti, then called Santo Domingo, was a rich French colony where French planters used enslaved Africans to work large sugar plantations. The operations were very profitable, and the French planters had grown wealthy. However, in 1801 a freed slave named Toussaint-Louverture (c. 1743–1803) led a slave revolt on the island. This event forced many of the French off Haiti. The French troops who stayed there to try to stop the rebellion were bitten by mosquitoes carrying yellow fever; many of the soldiers died from the disease. The French lost Haiti in 1803, and therefore Napoléon no longer needed a food supply station at New Orleans. What Napoléon desperately needed was more money to continue his fight against Britain in Europe.

Unexpectedly, Napoléon offered to sell all of Louisiana to the United States. Monroe and Livingston were shocked. There was no means of fast communication back to Washington, D.C., so they were on their own to negotiate a price. After a week, they settled on $15 million. They signed the treaty for the purchase on April 30, 1803, knowing they had no authority to spend $15 million or to buy the whole of Louisiana.

When Jefferson heard the news, he could scarcely believe it: The United States had just doubled in size; the area purchased was over 800,000 square miles. He was overwhelmed with excitement and then worry. He knew that there was no part of the Constitution that gave him power to buy huge expanses of land from foreign powers. Nevertheless, the thought of the prize at hand overcame his private fears that the purchase was unconstitutional. He reasoned that the Constitution did give him authority to make treaties. Submitting the treaty to Congress, he waited anxiously to see if it would be approved. Awed by the expanse of land, Congress approved the treaty immediately. The congressmen probably never gave any thought to the constitutionality of the purchase. Thus, the United States took control of Louisiana, including the entire Mississippi River and the port at New Orleans. Allor parts of the states of Louisiana, Arkansas, Oklahoma, Kansas, Nebraska, Missouri, Iowa, Colorado, Minnesota, the Dakotas, Montana, and Wyoming were carved from the Louisiana Purchase.

The Louisiana Purchase was a dream come true for the Democratic-Republicans. It gave agricultural interests seemingly endless opportunity for expansion, and it secured complete access to the Mississippi River for transportation of products. The Federalists, who were a small group by this time, were dismayed. They knew the purchase would spawn an abundance of new farmers loyal to Jefferson and the Democratic-Republican Party.

Lewis, Clark, and Pike

After Congress approved the Louisiana Purchase, President Jefferson immediately made plans for the exploration of the vast new region. Jefferson appointed military officers Meriwether Lewis (1774–1809) and William Clark (1770–1838) to lead forty-five to fifty men all the way to the Pacific Ocean. He instructed Lewis and Clark to find a waterway to the Pacific. They were also asked to make detailed maps, record the plants and animals they saw, take notes on the climate of the region, and befriend the Native Americans they encountered. Lewis and Clark set out from St. Louis, Missouri, on May 14, 1804, and returned on September 23, 1806. They did not find a waterway to the Pacific, but they did make maps and provide samples of anamazing array of plants and animals (see Chapter 15).

Military officer Zebulon Pike (1779–1813) explored the middle and southern portions of the Louisiana Purchase. Pikes Peak in Colorado is named for him. Jefferson and all Americans were caught up in thoughts of the potential of the new western lands. Although the War of 1812 (1812–15), a war fought between the United States and Great Britain, interrupted their immediate plans to develop that potential, Americans looked eagerly to the west, anticipating the growth and expansion of their country.

The Aaron Burr saga

Celebrating the Louisiana Purchase in 1803, Democratic-Republicans in the western part of America toasted Jefferson. The Federalists in the Northeast, who had shaped the government of the young United States, were left with little support. A few extreme members of the Federalist Party tried to entice Vice President Aaron Burr (1756–1836) in a plot to remove New England and New York from the United States, but Burr seemed to show little interest. However, Burr became much more interested in a vague plot to possibly splinter the region west of the Appalachians apart from the United States and form a new country. Burr seemed to have gone a bit crazy, and the plots never gathered more than a handful of supporters.

New Yorker Alexander Hamilton (1755–1804), the leader of the Federalists, had long despised Burr. When he heard about Burr's plot to separate New York from the United States, he challenged Burr to a duel, a formal contest between two individuals involving guns. Duels were a common way to settle disputes at that time. In the 1804 duel, Hamilton pointed his gun to the sky, but Burr fired away, killing Hamilton. With Hamilton's death, the Federalists lost their leader and the most brilliant mind in their party. Burr, while still vice president, was indicted (charged with a crime through a written accusation) for Hamilton's murder. In 1806, he was tried for treason (an attempt to overthrow one's own government) by the U.S. Circuit Court in Virginia, presided over by Supreme Court Chief Justice John Marshall, for his role in mysterious plots to separate the American west from the United States. However, two witnesses could not be found, so Burr was released. Burr continued his scheming ways until his death in 1836 but never again held a position in the government.

Jefferson reelected in 1804

By summer 1804, Jefferson and the Democratic-Republicans were riding a wave of popularity. The whiskey tax and Alien and Sedition Laws had been repealed; the national debt was down; the vast Louisiana Purchase had taken place; and the nation was enjoying prosperity and peace. The Democratic-Republicans nominated President Jefferson for reelection and, ignoring Burr, selected George Clinton (1739–1812) of New York as the vice presidential candidate. The Twelfth Amendment to the Constitution, ratified (approved) in 1804, required parties to officially designate presidential and vice presidential candidates (see box).

The Federalists nominated Charles Cotesworth Pinckney for president and U.S. senator Rufus King (1755–1827) of New York for vice president. The Federalist candidates were able and intelligent men, but not national leaders. The election was a huge victory for the Democratic-Republicans. Jefferson was reelected with Clinton as his vice president. Out of 176 electoral votes, 162 went to the Democratic-Republicans.

Jefferson delivered his second inaugural address with a great deal of pride. He stressed that the national debt was down, and he pointed out that unfair taxes had been eliminated. He also declared that freedom of speech and freedom of the press were realities, now that Congress did not renew theAlien and Sedition Acts. Jefferson held America up to the world as proof that democratic self-government by the people was working. Jefferson's second term began in March 1805 in peace and goodwill. Unfortunately, before the year was over, the warring ways of Britain and France would shatter that tranquillity.

The Twelfth Amendment

The states ratified (approved) the Twelfth Amendment to the U.S. Constitution in 1804. This amendment changed the way electors voted for president and vice president. Under Article 2, Section 1, of the Constitution, electors (persons elected from each state) cast ballots to select the president from several candidates. Each elector cast two votes. The candidate who received the most votes became president, and the person with the second most votes became vice president.

The election system established by the Constitution broke down in the 1800 presidential election. In that election, two political parties, the Federalists and the Democratic-Republicans, nominated two candidates each. Both parties tried to plan it so their most popular candidate would win the most votes (and become president) and their second nominee would win the second largest number of votes (and become vice president). The two candidates from each party were considered running mates, but under the established election rules, either candidate could theoretically win the most votes and be president.

The two Democratic-Republican candidates—Thomas Jefferson and his running mate, Aaron Burr—both received seventy-three votes. The two Federalist candidates—John Adams and his running mate, Charles Cotesworth Pinckney (1746–1825)—received sixty-five and sixty-four votes respectively and were out of the race.

Democratic-Republicans expected Burr to step back and allow Jefferson the presidency. Burr refused, so the Constitution required the House of Representatives to decide who would become president. Each of the sixteen states had one vote. Jefferson needed at least nine votes to win. It took thirty-five ballots in the House and some thirty-one hours of voting over a week's time before the tie was broken. On the thirty-sixth ballot, Jefferson received ten votes and thus became president.

To prevent this confusion in the future, the states ratified the Twelfth Amendment. It requires electors to cast separate ballots for president and vice president. If no one receives a majority of votes for president, the House of Representatives must choose the president from the three presidential candidates receiving the most votes. If no one receives a majority of votes for vice president, the Senate chooses from the two candidates receiving the most votes for vice president.

For More Information

Books

Cerami, Charles A. Jefferson's Great Gamble: The Remarkable Story of Jefferson, Napoleon, and the Men behind the Louisiana Purchase. Naperville, IL: Sourcebooks, 2003.

Dunn, Susan. Jefferson's Second Revolution: The Election Crisis of 1800 and the Triumph of Republicanism. Boston: Houghton Mifflin, 2004.

Jefferson, Thomas. The Writings of Thomas Jefferson. Edited by H. A. Washington. Washington, DC: Taylor & Maury, 1853-1854. Multiple reprints.

Kennedy, Robert G. Mr. Jefferson's Lost Cause: Land, Farmers, Slavery, and the Louisiana Purchase. New York: Oxford University Press, 2003.

Padover, Saul K. Jefferson. New York: Mentor Books, 1970.

Patrick, John J. The Young Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press, 1998.

Risjord, Norman K. Jefferson's America, 1760–1815. 2nd ed. Lanham, MD: Rowman & Littlefield Publishers, 2002.

Simon, James F. What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle to Create a United States. New York: Simon & Schuster, 2002.