Madison Calls for War with Britain
- In June 1812, Madison addresses Congress and asks for a declaration of war on Britain.
- His reasons: British impressment of American sailors, Britain’s failure to recognize American neutrality, cutting off US trade with foreign nations, and inciting Native Americans to attack American settlers on the western frontier.
- Congress narrowly voted for war with a 19-13 vote in the Senate and 70-49 vote in the House. Federalists opposed the measure calling it “Mr. Madison’s War”.
The War of 1812: 1812-1813
- The United States was unprepared to fight the British, having a small army and navy and a deeply divided nation.
- In the Election of 1812, James Madison defeated De Witt Clinton of New York 128-89, winning his electoral votes from the South and West. Clinton carried his native New York, New Jersey and the New England states.
- The US invaded Canada in the west but was quickly repulsed, resulting in British troops counterattacking and taking Fort Detroit in Michigan.
- Oliver Hazard Perry launched a naval attack on British ships on Lake Erie, giving American general William Henry Harrison access to Canada where he defeated the British and Indian allies at the Battle of the Thames. Tecumseh was killed during the battle.
The War of 1812: 1814-1815
- In 1814, the British defeated Napoleon and could now focus on the war in North America.
- In August, the British landed a fleet near Washington, D.C. and easily defeated American militia. As payback for American troops burning York (later Toronto), the capital of Upper Canada, they then burned the city.
- The fleet then moved up the Chesapeake toward Baltimore where they unsuccessfully bombarded Fort HcHenry. The Star Spangled Banner was written by Francis Scott Key who witnessed the event.
- General Andrew Jackson of Tennessee attacked the Creek Indians who opposed American expansion in the South. At the Battle of Horseshoe Bend in the Mississippi Territory (now Alabama) Jackson won a major victory opening American expansion in the Southeast.
- From there, Jackson sought to stop a British invasion of the Mississippi River. At the Battle of New Orleans, Jackson won an overwhelming victory in the largest battle of the war, fought after the peace treaty was signed.
The Results of the War of 1812
- Treaty of Ghent - ends the war. “Nothing was settled, nothing was gained”. Status quo antebellum but huge effects in the US.
- Hartford Convention - In 1814, New England Federalists, now a minority party, met in opposition to the war and to propose amendments to the Constitution to counter their loss of political power, Virginia’s hold on the presidency, embargoes and limits that hurt their trade, and to make it more difficult to admit new states to the Union. Some suggested secession.
- A sharp increase in national pride and unity resulted. New heroes and national symbols emerged: Andrew Jackson, William Henry Harrison, the Star Spangled Banner, U.S.S. Constitution.
- The Federalists were on the wrong side of the issue and fell out of favor. With westward expansion, they ceased to be a national party and with it, the First Party System crumbled. This ushers in the “Era of Good Feelings” and one party governance. The Federalists would nominate their last presidential candidate in 1816.
The Era of Good Feelings
- The War of 1812 showed Republicans the benefits of a stronger Federal government and the party split into two factions with Henry Clay leading the National Republicans that took up more Federalist like policies.
- After the war, Madison pursued more pro-Federal government policies such as creating a new national bank in 1816 (Second Bank of the United States) which supplanted state banks that issued too much currency and lent too generously. The Bank would control state banks and issue a national currency. The First Bank of the United States’ charter expired in 1811.
- The Tariff of 1816 to protect American manufacturers from a flood of post war inexpensive British goods.
- National Republicans tried to implement a Federal infrastructure plan but it was vetoed by Madison who took a strict interpretation on the issue, leaving internal improvements up to states. States then granted charters to private companies to build roads.
Major Decisions of the Marshall Court - Judicial Nationalism
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Martin v. Hunter’s Lessee (1816) - Lord Fairfax, a British nobleman living in Virginia died and left a large tract of land to his nephew, Denny Martin. During the American Revolution, Virginia passed laws allowing the state to confiscate Loyalist property and it was unclear under Virginia law whether foreign citizens could inherit land. In 1789, the state of Virginia voided the transfer and confiscated the land. Martin claimed that under the Treaty of Paris (1783) and Jay’s Treaty (1795) protected the property interests of British subjects living in the US. The Virginia Supreme Court upheld the Virginia law but the US Supreme Court reversed the decision upon appeal stating that Federal treaties supersede state law. This case is also significant because it establishes the US Supreme Court as the court of final appeal in state court cases involving Federal laws and treaties and the importance of a single interpretation of the Constitution and Federal law.
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McCulloch v. Maryland (1819) - The Second Bank of the United States set up state banks that competed with state-chartered banks. In response, the state of Maryland imposed a tax on notes issued by the Baltimore branch of the Second Bank of the US. The Second Bank refused to pay, claiming the tax infringed upon national powers. Maryland claimed that the Second Bank was unconstitutional and that it had the right to tax activities within its boundaries. The Marshall court ruled 9-0 in favor of the Bank, deciding that the Bank was necessary and proper and constitutional but that states cannot tax federal institutions since “the power to tax is the power to destroy”.
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Gibbons v. Ogden (1824) - In 1815, Aaron Ogden operated a steamboat ferry boat between Elizabeth, New Jersey and New York City as a monopoly under a license from the state of New York. His former partner operated another steamboat on the same in 1820 with a license obtained from Congress. The court decided in favor of Gibbons because Congress has the right to regulate interstate commerce which includes transportation.
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The Marshall Court: Property Rights and Contracts
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Fletcher v. Peck (1810) - In 1795, the state of Georgia granted a large tract of land to the Yazoo Land Company but in 1796, it was revealed that the legislature received bribes from the Yazoo Land Company and the land grant was revoked. In 1800, John Peck acquired a plot of land that was once part of the original legislative grant. In 1803, Fletcher purchased the plot of land from Peck claiming the previous land sales had been legitimate. The US Supreme Court ruled that the initial land grant was a contract that could not be invalidated by the state of Georgia. The decision limited state power, protected property rights, and promoted economic investment.
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Dartmouth College v. Woodward (1819) - Dartmouth College was founded in 1769 as a private institution by a royal charter from King George III. In 1816, the state of New Hampshire passed legislation converting the school into a public university. Citing Fletcher v. Peck, the college sued, arguing that the original charter was a contract that could not be altered by the state. The Marshall court agreed with Dartmouth.