Chapter 7 Vocabulary

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Judiciary Act of 1789

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The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. The Supreme Court was given exclusive original jurisdiction over all civil actions between states, or between a state and the United States, as well as over all suits and proceedings brought against ambassadors and other diplomatic personnel; and original, but not exclusive, jurisdiction over all other cases in which a state was a party and any cases brought by an ambassador. The Court was given appellate jurisdiction over decisions of the federal circuit courts as well as decisions by state courts holding invalid any statute or treaty of the United States; or holding valid any state law or practice that was challenged as being inconsistent with the federal constitution, treaties, or laws; or rejecting any claim made by a party under a provision of the federal constitution, treaties, or laws.

The Act also created 13 judicial districts within the 11 states that had then ratified the Constitution (North Carolina and Rhode Island were added as judicial districts in 1790, and other states as they were admitted to the Union). Each state comprised one district, except for Virginia and Massachusetts, each of which comprised two. Massachusetts was divided into the District of Maine (which was then part of Massachusetts) and the District of Massachusetts (which covered modern-day Massachusetts). Virginia was divided into the District of Kentucky (which was then part of Virginia) and the District of Virginia (which covered modern-day West Virginia and Virginia).

This Act established a circuit court and district court in each judicial district (except in Maine and Kentucky, where the district courts exercised much of the jurisdiction of the circuit courts).

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Report on Public Credit

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The First Report on Public Credit was the first of three major reports on economic policy issued by American Founding Father and first United States Treasury Secretary Alexander Hamilton on the request of Congress. The report analyzed the financial standing of the United States of America and made recommendations for the retirement of the national debt. Commissioned by the House of Representatives on September 21, 1789 and presented January 9, 1790, this 140,000-word document was the first proposed federal assumption of debt owed by the states.

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Report on Manufacturers

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Hamilton's "Report on Manufactures" laid forth economic principles rooted in both the Mercantilist System of Elizabeth I's England and the practices of Jean-Baptiste Colbert of France. The principal ideas of the "Report" would later be incorporated into the "American System" program by Senator Henry Clay of Kentucky and his Whig Party.

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Jay’s Treaty

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a treaty between the United States and Great Britain that is credited with averting war,[2] resolving some issues remaining since the Treaty of Paris of 1783, which ended the American Revolution,[3] and allowing ten or more years of mostly peaceful trade between the United States and Britain in the midst of the French Revolutionary Wars that had begun in 1793.

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John Jay

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an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States (1789–95).

Jay served as the President of the Continental Congress from 1778 to 1779. During and after the American Revolution, Jay was a minister (ambassador) to Spain and France, helping to fashion United States foreign policy, and to secure favorable peace terms from Great Britain (with Jay's Treaty of 1794) and the First French Republic.

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Implied Powers

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The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

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Judicial Review

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the doctrine under which legislative and executive actions are subject to review, and possible invalidation, by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority, it means this: such as the terms of a written constitution. Judicial review is an example of the functioning of separation of powers in a modern governmental system (where the judiciary is one of three branches of government).

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Strict Construction

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Strict construction requires a judge to apply the text only as it is written. Once the court has a clear meaning of the text, no further investigation is required. Judges should avoid drawing inferences from a statute or constitution and focus only on the text itself

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Federalist Party

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Those who believed in the formation of a strong central government.

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Pinckney Treaty

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also known as the Treaty of San Lorenzo or the Treaty of Madrid, was signed in San Lorenzo de El Escorial on October 27, 1795 and established intentions of friendship between the United States and Spain. It also defined the boundaries of the United States with the Spanish colonies and guaranteed the United States navigation rights on the Mississippi River.

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Whiskey Rebellion

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resistance movement in what was the western part of the United States in the 1790s, during the presidency of George Washington. The conflict was rooted in western dissatisfaction with various policies of the eastern-based national government. The name of the uprising comes from a 1791 excise tax on whiskey that was a central grievance of the westerners.

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Alexander Hamilton

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the first United States Secretary of the Treasury, a Founding Father, economist, and political philosopher.

Aide-de-camp to General George Washington during the American Revolutionary War, he was a leader of American nationalists calling for a new Constitution; he was one of America's first constitutional lawyers, and wrote most of the Federalist Papers, a primary source for Constitutional interpretation.

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Henry Knox

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a military officer of the Continental Army and later the United States Army, and also served as the first United States Secretary of War.

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Edmund Randolph

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an American attorney, the seventh Governor of Virginia, the second Secretary of State, and the first United States Attorney General.

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James Madison

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an American politician and political philosopher who served as the fourth President of the United States (1809–1817) and is considered one of the Founding Fathers of the United States.

He was the principal author of the United States Constitution, and is often called the "Father of the Constitution". In 1788, he wrote over a third of the Federalist Papers, the most influential commentary on the Constitution

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Charles Pinckney

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an American politician who was a signer of the United States Constitution, the 37th Governor of South Carolina, a Senator and a member of the House of Representatives. He was first cousin (once removed) of fellow-signer Charles Cotesworth Pinckney.

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General Anthony Wayne

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a United States Army general and statesman. Wayne adopted a military career at the outset of the American Revolutionary War, where his military exploits and fiery personality quickly earned him a promotion to the rank of brigadier general and the sobriquet of Mad Anthony.

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John Marshall

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the Chief Justice of the United States (1801-1835) whose court opinions helped lay the basis for American constitutional law while promoting nationalism and making the Supreme Court of the United States a center of power with the capability of overruling Congress. Previously, Marshall had been a leader of the Federalist Party in Virginia and served in the United States House of Representatives from 1799 to 1800. He was Secretary of State under President John Adams from 1800 to 1801.

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Washington’s Farewell Address

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The Address of General Washington To The People of The United States on his declining of the Presidency of the United States," the letter was almost immediately reprinted in newspapers across the country and later in a pamphlet form.[1] The work was later named a "Farewell Address," as it was Washington's valedictory after 45 years of service to the new republic, first during the French and Indian War, through the American Revolution, and finally as the nation's first president.

The letter was originally prepared in 1792 with the help of James Madison,[2] as Washington prepared to retire following a single term in office. However, he set aside the letter and ran for a second term after the rancor between his Secretary of the Treasury, Alexander Hamilton, and his Secretary of State, Thomas Jefferson, convinced him that the growing divisions between the newly formed Federalist and Democratic-Republican parties, along with the current state of foreign affairs, would tear the country apart in the absence of his leadership.

Four years later, as his second term came to a close, Washington revisited the letter and with the help of Alexander Hamilton prepared a revision of the original draft to announce his intention to decline a third term in office. He also reflects on the emerging issues of the American political landscape in 1796, expresses his support for the government eight years after the adoption of the Constitution, defends his administration's record, and gives valedictory advice to the American people.[3]

The letter was written by Washington after years of exhaustion due to his advanced age, years of service to his country, the duties of the presidency, and increased attacks by his political opponents. It was published almost two months before the Electoral College cast their votes in the 1796 presidential election.

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Thomas Jefferson

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He was the first United States Secretary of State (1789–1793) under George Washington and advised him against a national bank and the Jay Treaty. He was the second Vice President (1797–1801) under John Adams. Winning on an anti-federalist platform, Jefferson took the oath of office and became President of the United States in 1801.

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XYZ Affair

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Three French agents, publicly referred to as X, Y, and Z, but later revealed as Jean Conrad Hottinguer, Pierre Bellamy and Lucien Hauteval, demanded major concessions from the United States as a condition for continuing bilateral peace negotiations. The concessions demanded by the French included 50,000 pounds sterling, a $12 million loan from the United States, a $250,000 personal bribe to French foreign minister Charles Maurice de Talleyrand, and a formal apology for comments made by President of the United States John Adams.[2]

The demand came during a meeting in Paris, France between the French agents and a three-member American commission consisting of Charles Cotesworth Pinckney, John Marshall, and Elbridge Gerry. Several weeks prior to the meeting with X, Y, and Z, the American commission had met with French foreign minister Talleyrand to discuss French retaliation to the Jay Treaty, which they perceived as evidence of an Anglo-American alliance. The French seized nearly 300 American ships bound for British ports in the Atlantic, Mediterranean, and Caribbean seas.[3] Adams decided on sending Pinckney as part of the commission as Franco-U.S. relations had recently worsened by Talleyrand's rejection of Pinckney as America's minister to France. The French continued to seize American ships, and the Federalist Party, incited by Alexander Hamilton, advocated going to war. Congress authorized the build-up of an army.[4]
The American delegates found these demands unacceptable, and answered, "Not a sixpence", but in the inflated rhetoric of the day, the response became the infinitely more memorable: "Millions for defense, sir, but not one cent for tribute!"[5]

The United States offered France many of the same provisions found in the Jay Treaty with Britain, but France reacted by deporting Marshall and Pinckney back to the United States, refusing any proposal that would involve these two delegates. Gerry remained in France, thinking he could prevent a declaration of war, but did not officially negotiate any further.[6]

Jeffersonian Republicans in Congress, thinking Adams might be hiding the truth, demanded he release the French proposals. Adams then released the report of the affair resulting in a wave of passionate anti-French sentiment across the U.S. that seriously damaged the Republicans and helped the Federalists win the 1798 elections.[7] A formal declaration of war was narrowly avoided by Adams' diplomacy, specifically by appointing new diplomats including William Vans Murray to handle the conflict.

The Quasi-War began in July, 1798. While there was no formal declaration of war, the conflict escalated with more French seizures of American merchant ships, American seizure of French merchant ships, and the abrogation of the Franco-American Alliance. Adams again sent negotiators on January 18, 1799, who eventually negotiated an end to hostilities through the Treaty of Mortefontaine. During negotiations with France, the U.S. began to build up its navy, a move long supported by Adams and Marshall, to defend against both the French and the British. In addition, in a speech delivered on July 16, 1797, Adams championed the formulation of a navy and army, while emphasizing the importance of renewing treaties with Prussia and Sweden.[8]

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Naturalization Law

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The last act of the Alien and Sedition Acts. It stated that foreigners had to wait fourteen years before they could apply for U.S. citizenship. It was designed to keep the Irish from voting republican.

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Election of 1796

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the first contested American presidential election and the only one to elect a President and Vice President from opposing tickets.

With incumbent President George Washington having refused a third term in office, incumbent Vice President John Adams of Massachusetts was a candidate for the presidency on the Federalist Party ticket with former Governor Thomas Pinckney of South Carolina as the next most popular Federalist. Their opponents were former Secretary of State Thomas Jefferson of Virginia along with Senator Aaron Burr of New York on the Democratic-Republican ticket. At this point, each man from any party ran alone, as the formal position of "running mate" had not yet been established.

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Quasi-War

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an undeclared war fought mostly at sea between the United States and French Republic from 1798 to 1800. In the United States, the conflict was sometimes also referred to as the Franco-American War, the Undeclared War with France, the Undeclared Naval War, the Pirate Wars, or the Half-War.

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Convention of Mortefontaine

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a treaty between the United States of America and France to settle the hostilities that had erupted during the Quasi-War. The Quasi-War, waged primarily in the Caribbean, had existed since the American delegation to France, arriving in 1797, had been told that America had to pay $250,000 to see—not negotiate with—the French ambassador. This incident, known as the XYZ Affair, was scandalous in America, infuriating both the Hamiltonians (Federalists) and the Jeffersonians. French warships seized American merchant ships in the Caribbean, and American privateers retaliated against French shipping.

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Treaty of Greenville

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signed at Fort Greenville (now Greenville, Ohio), on August 3, 1796, between a coalition of Native Americans & Frontiers men, known as the Western Confederacy, and the United States following the Native American loss at the Battle of Fallen Timbers. It put an end to the Northwest Indian War. The United States was represented by General "Mad Anthony" Wayne, who led the victory at Fallen Timbers. In exchange for goods to the value of $20,000 (such as blankets, utensils, and domestic animals), the Native Americans turned over to the United States large parts of modern-day Ohio, the future site of downtown Chicago,[nb 1][2] the Fort Detroit area, Maumee Ohio Area[3], and the Lower Sandusky Ohio Area[4].

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Treaty of San Lorenzo

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Pinckney's Treaty, also known as the Treaty of San Lorenzo or the Treaty of Madrid, was signed in San Lorenzo de El Escorial on October 27, 1795 and established intentions of friendship between the United States and Spain. It also defined the boundaries of the United States with the Spanish colonies and guaranteed the United States navigation rights on the Mississippi River. The treaty's full title is Treaty of Friendship, Limits, and Navigation Between Spain and the United States.

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Alien and Sedition Acts

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four bills passed in 1798 by the Federalists in the 5th United States Congress during an undeclared naval war with France, later known as the Quasi-War. They were signed into law by President John Adams. Proponents claimed the acts were designed to protect the United States from enemy aliens, and to prevent seditious attacks from weakening the government. The Democratic-Republicans, like later historians, denounced them as being both unconstitutional and designed to stifle criticism of the administration, and as infringing on the right of the states to act in these areas. They became a major political issue in the elections of 1798 and 1800

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Virginia Resolution

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The Kentucky and Virginia Resolutions (or Resolves) were political statements drafted in 1798 and 1799, in which the Kentucky and Virginia legislatures resolved not to abide by Alien and Sedition Acts. They argued that the Acts were unconstitutional and therefore void, and in doing so, they argued for states' rights and strict constructionism of the Constitution. They were written secretly by Vice President Thomas Jefferson and James Madison, respectively.

The principles behind the resolutions became known as the "Principles of '98". Adherents argue that the individual states can judge the constitutionality of central government laws and decrees, and can refuse to enforce laws deemed unconstitutional. Such refusal was called nullification in the Kentucky Resolutions of 1799, while the Virginia Resolutions of 1798 refer to "interposition" to express the idea of the states’ right to "interpose" between the federal government and the people of the state.

The Resolutions have been controversial since their passage, eliciting formal disapproval from seven state legislatures, with three others also expressing disagreement. In the years leading up to the Nullification Crisis, the resolutions divided Jeffersonian democrats, with states' rights proponents such as John C. Calhoun supporting the Principles of '98 and President Andrew Jackson opposing them. Years later, the passage of the Fugitive Slave Act of 1850 led anti-slavery activists to quote the Resolutions to support their calls on Northern states to nullify what they considered unconstitutional enforcement of the law.[1]

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Kentucky Resolution

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The Kentucky and Virginia Resolutions (or Resolves) were political statements drafted in 1798 and 1799, in which the Kentucky and Virginia legislatures resolved not to abide by Alien and Sedition Acts. They argued that the Acts were unconstitutional and therefore void, and in doing so, they argued for states' rights and strict constructionism of the Constitution. They were written secretly by Vice President Thomas Jefferson and James Madison, respectively.

The principles behind the resolutions became known as the "Principles of '98". Adherents argue that the individual states can judge the constitutionality of central government laws and decrees, and can refuse to enforce laws deemed unconstitutional. Such refusal was called nullification in the Kentucky Resolutions of 1799, while the Virginia Resolutions of 1798 refer to "interposition" to express the idea of the states’ right to "interpose" between the federal government and the people of the state.

The Resolutions have been controversial since their passage, eliciting formal disapproval from seven state legislatures, with three others also expressing disagreement. In the years leading up to the Nullification Crisis, the resolutions divided Jeffersonian democrats, with states' rights proponents such as John C. Calhoun supporting the Principles of '98 and President Andrew Jackson opposing them. Years later, the passage of the Fugitive Slave Act of 1850 led anti-slavery activists to quote the Resolutions to support their calls on Northern states to nullify what they considered unconstitutional enforcement of the law.[1]