Aaron Burr – The Intelligent Collector Magazine

A little history helps put the 2020 election in perspective

This $1000 1882 Gold Certificate, Fr. 1218f (PCGS Very Fine 35) – with a vignette of Alexander Hamilton, the first Secretary of the Treasury – realized $293,750 at a January 2014 Heritage auction.

By Jim O’Neal

If our past is any guide to the future, I suspect that presidential politics will be a primary source of contention for several electoral cycles. The United States has produced some unusual presidential elections and the 2020 Biden vs. Trump race is not an isolated event that warrants exceptional anxiety.

A little history helps keep it in perspective.

During the 1787 Constitutional Convention, there was a long debate over the method for selecting a president. Among the proposals was whether the chief executive should be chosen by a direct popular election, by the Congress, by state legislators or intermediate electors. Direct election was rejected primarily because of a concern that common citizens would probably lack sufficient knowledge of the character or qualifications of candidates that would enable intelligent choices. Candidates would be spread throughout the 13 colonies and campaigning was not a viable option due to travel difficulties.

Letting Congress decide was quickly rejected since it would jeopardize the principle of executive independence. Similarly, allowing state legislatures to choose was turned down because the president might feel indebted to some states and allow them to encroach on federal authority.

Unable to agree, on Aug. 31, the Convention appointed a “Committee of Eleven” to resolve it. On Sept. 4, a compromise was agreed with each state appointing Presidential Electors, who would meet in their states and cast votes for two persons. The votes would be taken to Congress to be counted, with the candidate receiving a majority elected the presidential candidate and the second highest vice president. Since there was no distinction between which vote was specifically designed by position, the 12th Amendment was ratified 1804 to distinguish individual votes between the two offices.

Now the conventional election of president and vice president is an indirect election in which (only) citizens, who are registered to vote in Washington, D.C., or one of the 50 states, cast ballots for members of the Electoral College. Those electors cast the direct votes and it requires at least 270 electoral votes to win. In 1960, the 23rd Amendment granted D.C. citizens the same rights as the states to vote for electors, but they can NEVER have more votes than the least populous state. To date, they have never had more than three electors. Also, they do not have any rights to vote for senators or amendments to the Constitution.

For more than 200 years, Americans have been electing presidents using the Electoral College, but despite its durability, it is one of the least admired political institutions. Thomas Jefferson called it “the most dangerous blot on our Constitution.” It’s been an easy target for abolishment or modernization and polls consistently report citizens would much prefer a simpler direct election. However, amendments require a 2/3 majority in both the House and Senate or a complicated state ratification convention with 3/4 approval. This process has never been attempted.

This outdated system has led to a number of anomalies at times. In 1836, the Whigs tried a novel approach by running different candidates in different parts of the country. William Henry Harrison ran in New England, Daniel Webster in Massachusetts and Hugh White of Tennessee in the South. By running local favorites, they hoped to subsequently combine on one candidate or force the election into the House. The scheme failed when Democrat Martin Van Buren captured the majority.

Another quirk of fate occurred in 1872 when Democratic nominee Horace Greeley died between the popular vote and the meeting of the electors. The Democrats were left without an agreed candidate. Forty-two voted for Governor Tom Hicks … 18 for Gratz Brown … two for Charles Jenkins and three Georgia electors cast their votes for the dead Greeley (Congress refused to accept them).

In 1912, President William Howard Taft and ex-President Theodore Roosevelt caused a split in the Republican Party that allowed Democrat Woodrow Wilson to become president. On Oct. 14, just before a major speech, a fanatic named John Shrank stepped up, shouted something about a third term and shot T.R. in the chest. Roosevelt yelled at the crowd to stand back and declared “I will make this speech or die. It is one thing or the other!” He went on to make a 90-minute speech before heading for the hospital. The bullet had lodged in the massive chest muscles instead of penetrating the lungs! Wilson won but Taft finished a weak third place.

Lastly, compared to “the Revolution of 1800,” the 2020 election was mild and relatively free of widespread disorder. The 1800 campaign was so bitter that VP Aaron Burr ended up killing Alexander Hamilton in a duel and John Adams and Thomas Jefferson would not communicate with each other for 12 years.

Neither Abigail nor John Adams would attend the inauguration. Sound familiar?

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Are we capable of dealing with the daunting tasks that face us? Of course we are!

A 1776 broadside printing of the Declaration of Independence, written by Thomas Jefferson, sold for $514,000 at an April 2016 Heritage auction.

By Jim O’Neal

Two U.S. presidents have been elected by the House of Representatives. John Quincy Adams became the sixth president (1825) when his chief opponent, Andrew Jackson, failed to win a majority of the electoral votes in the 1824 election. The House held a special election to decide the winner. Supposedly, a “corrupt bargain” between Adams and House Speaker Henry Clay vaulted Clay into the Secretary of State position.

John C. Calhoun easily won the vice-presidential vote and he served four years under JQA. When Jackson bounced back and won in 1828, Calhoun continued as vice president for three more years. Then he resigned and made a run for the nomination in a new party: the Nullifiers … the second third party to form (the Anti-Masons were the first third party).

Earlier, in 1801, Thomas Jefferson had been elected by the House after he tied with Aaron Burr in the general election. However, it took 36 votes in the House to break the tie. Alexander Hamilton finally persuaded the electors from New York to vote for Jefferson since he was “the lesser of two evils.” Two years later, Burr exacted his revenge by killing Hamilton in a duel.

Thomas Jefferson, author of the Declaration of Independence, was Adams’ vice president for four years and then served two terms as president. He had hoped that the young nation would expand across North America, becoming a great agrarian society. Instead, great cities evolved out of necessity to accommodate the millions of immigrants fleeing to the new republic with its fabled “streets paved with gold.” In 1800, Jefferson famously wrote: “When great evils happen, I am in the habit of looking out for what good may arise from them as consolations to us. … The yellow fever will discourage the growth of great cities in our nation; and I view great cities as pestilential to the morals, the health and the liberties of man.” In Jefferson’s time, the epidemics that repeatedly swept through large cities were especially lethal.

One poignant example occurred in the summer of 1793 when a massive epidemic of yellow fever hit Philadelphia, the largest city in America and temporary capital of the United States. It was caused by the mosquitoes that flourished in the muddy swamps in the area. Yellow fever is an acute, infectious viral disease transmitted by the bite of an infected female.

This episode was responsible for 5,000 deaths, or 10% of the population. An even bigger disaster was averted when President George Washington moved the federal government and nearly 40% of the inhabitants followed. Another mitigating factor helped when a savvy group of doctors imposed a quarantine on all ships and refugees from Philadelphia. Special guards were posted to the wharfs to ensure compliance and citizens were warned not to let any strangers into their homes.

When yellow fever returned to NYC in 1795, they were better prepared with a health department. But in 1798, yellow fever killed 2,086 people (one in 30), or the equivalent of 289,000 in today’s terms. The battle continued during the entire 19th century with major outbreaks in Baltimore, Boston, New Orleans and other southern cities. Eventually, a vaccine was developed.

Thomas Jefferson was eager to obtain what would become part of the Louisiana Purchase when Spain ceded much of North America to France. He dispatched James Monroe and Robert Livingston to France with an offer to buy 40,000 square miles for $10 million. The offer was refused, but Napoleon subsequently made an astonishing counteroffer … 827,987 square miles for $15 million! The offer was quickly accepted since it provided significant benefits. First, safety for shipping on the Mississippi River … a doubling of the size of the entire United States and, mostly, acquisition of the largest, most fertile track of land on Earth. It was enough land to entice migration from the East all the way to the Pacific Ocean. With this vast new area, there would be no need to congest into cities.

However, industrial America developed rapidly as a nation, but cities grew even faster. Masses of immigrants poured into America and a vast population shifted from the country to the city. Between 1860 and 1900, the rural population had doubled, but the number of city-dwellers quadrupled! The city became the supreme achievement of modern industry, the center of civilization. It spread out, built tall skyscrapers, mechanized factories and provided all the goods and services needed for workers.

On the other side of the ledger were the evils: ghettos for the poor, suburbs for the middle-class, exclusive neighborhoods for the wealthy, and ethnic neighborhoods for the immigrants. The city offered hope and opportunity, but it also brought despair. Overwhelming social problems, diseases, poverty, crime and strife between businesses and exploited workers. So we’re left with a few problems to solve:

Rising oceans, melting polar caps, tornadic storms, raging forest fires
Partially filled office buildings and empty, closed-down malls
AI and robots replacing undereducated workers
Rising rates of inequality
Systemic racism
More complex viral diseases as we get deeper into dark spooky places
Telemedicine in place of doctors
Remote learning

Are we capable of dealing with these daunting tasks? Just think about poor George Washington who had to flee when every tenth person was dying. Of course we are, but if we give up in despair, someone (probably China) will assume the leadership role and, in the process, set the world’s agenda. Leaders lead … others follow.

Does America still have ‘the right stuff’ to continue this remarkable story?

This 1903 Louisiana Purchase Gold Dollar, Jefferson Design, minted to commemorate the centennial of the Louisiana Purchase, realized $37,600 at an April 2017 Heritage auction.

By Jim O’Neal

The 19th century in the United States was by any standard an unusually remarkable period. In 1800, John Adams was still president, but had lost his bid for re-election to Vice President Thomas Jefferson, the man behind the words in our precious Bill of Rights. Alexander Hamilton had used his personal New York influence to break a tie with Aaron Burr, since Jefferson was considered the least disliked of the two political enemies. (Burr would kill Hamilton in a duel in 1803 by cleverly escalating a disagreement into a matter of honor.)

There were 16 states in 1800 (Ohio would join the Union as no. 17) and the nation’s population had grown to 5.3 million. Within weeks of becoming president, Jefferson learned that Spain had receded a large portion of its North American territory to France. Napoleon now owned 530 million acres, more than what the United States controlled. Fearful that losing control of New Orleans to our new French neighbor would lead to losing control of the strategically important Mississippi River, he developed a plan without including Congress.

He dispatched Robert Livingston and James Monroe to buy greater New Orleans for $10 million. They were pleasantly surprised when the French offered to sell 100 percent of their North American territories for $15 million cash … less several million in pending claims. Concerned that the French would change their offer before they could get formal approval, an agreement in principle was agreed to (later formally approved by Congress after James Madison’s assurance of its constitutionality.)

What a prize! 828,000 square miles for 3 cents an acre, virtually doubling the size of the United States and gaining control of the mighty Mississippi and shipping into the Gulf of Mexico. With this uncertainty removed, cotton production now expanded rapidly south and soon represented over 50 percent of total exports. With the aid of the cotton gin and slave labor, the United States now controlled 70 percent of the world’s production. Ominously, seeds of a great civil war were planted with each cotton plant.

For millions of people overseas, conquest or riches were not their primary ambition. Escaping the clutches of famine trumped all other hardships of life. 1842 was the first year in America’s history that more than 100,000 immigrants arrived in a single year. Five years later, the number from Ireland alone exceeded this, with Irish coming to America to escape the scourge of the Great Famine. In the 1840s and ’50s, 20 percent of the entire population of Ireland crossed the Atlantic in search of a better life. In sharp contrast to the Pilgrims on the Mayflower – who were on a financial venture supplied with rations – the Catholic Irish left in rags to avoid starvation in a mainly Protestant nation.

Concurrently, another wave from the European mainland was fleeing revolution and counterrevolution. In Germany, half-a-million left in a three-year period (1852-55) as a spirit of revolt captured the European continent. “We are sleeping on a volcano,” warned Alexis de Tocqueville. Meanwhile, two German thinkers (Karl Marx and Friedrich Engels) penned their intellectual nonsense, The Communist Manifesto, from the safety and luxury of London.

In the United States, just before the impending boomlet of immigration in 1846, total railroad mileage was a meager 5,000 miles. Ten years later, it quintupled to 25,000 as the influx of labor to lay iron rails was a perfect match for $400 million in capital. As famine and revolution were destroying Europe, their foreign transplants were busy transforming their new homeland. Also, the transition of coal to steam to steamboats scampering around the newly dug connecting canals would inspire new communications like the telegraph and Pony Express. While the country had been busy absorbing the wave of immigrants, it had also been in the throes of a decades-long internal migration west.

Thomas Jefferson had predicted it would be 1,000 years before the frontier reached the Pacific Ocean. Only 23 years after his death in 1826, gold was discovered in California and the fever to get rich started a westward movement that expanded globally. Once under way, the richness of the soil and massive new resources of rivers, forests, fish and bison would expand the migration to include farmers and their families. Horace Greeley shouted, “Go West, young man” and they did.

With room to grow and prosper, by 1900 the population would expand by a factor of 15 times to 76 million. They resided in 45 states after the Utah territories joined the Union in 1896. Fulfilling the vision of Manifest Destiny (from sea to sea), the rural population of 95 percent evolved as urbanization grew to 40 percent as industrialization and worker immigrants staffed the factories and cities. A short war with Mexico added California, Arizona and New Mexico, and President Polk’s annexation of Texas in 1845 filled in the contiguous states.

However, it was the railroads that created the permanence. With 30,000 miles of track in 1860, America already surpassed every other nation in the world. The continual growth was phenomenal: 1870 (53k), 1880 (93k), 1890 (160k) and by 1900 almost 200,000 … a six-fold increase in a mere 40-year period. Yes, there were problems: Illinois had 11 time zones and Wisconsin 38, but this was harmonized by 1883. Most importantly, they connected virtually every city and town in America and employed 1 million people!

Throw in a few extras like electricity, oil wells, steel mills and voila! The greatest nation ever built from scratch. Today, we have 6 percent of the people on 6 percent of the land and 30 percent of the world’s economic activity … and we are celebrating the 50-year anniversary of putting a man on the moon.

Do we still have “the right stuff” to continue this remarkable story? I say definitely, if we demand that our leaders remember how we got here.

Eliminating national debt will require a bit of financial wizardry

An intimate and honest letter by John Adams to Vice President Elbridge Gerry, dated April 26, 1813, sold for $46,875 at an October 2014 Heritage auction.

By Jim O’Neal

President James Madison set the rather dubious record of having both of his vice presidents die in office. George Clinton went first on April 20, 1812. Clinton also set a record as the first person to lie in state at the Capitol. However, it was for only two hours pending finalization of his burial services.

Then Vice President Elbridge Gerry died on Nov. 23, 1814, during Madison’s second term as president. Gerry’s name is still in common use today … “gerrymandering” is a way to draw voting districts to favor a candidate or political party. Gerry also holds the distinction of being the sole signer of the Declaration of Independence to be buried in the nation’s capital. He is interned at the Congressional Cemetery, which is the only “cemetery of national memory” founded before the Civil War. Although it is privately owned, the federal government has 806 plots that are used for ex-members of importance.

Neither VPs Clinton nor Gerry were replaced, since the Constitution at the time did not have a provision for filling a vice presidential vacancy. If a VP died, the job was held open pending the next election. Congress finally got around to addressing this in 1967 with the ratification of the 25th Amendment. In the aftermath of President John F. Kennedy’s assassination, the 25th provides the specific procedures for replacing the president or vice president in the event of death, removal, resignation or incapacitation (better late than never!).

Clinton had earlier served as Thomas Jefferson’s second vice president (Aaron Burr was the first) and was one of two vice presidents who served under two different presidents. John C. Calhoun was the other to have this iffy honor.

Calhoun was VP for John Quincy Adams and then Adams’ successor, Andrew Jackson. Calhoun then resigned the vice presidency to become a senator from South Carolina. The South Carolina legislature had voted to nullify federal tariff laws and threatened to secede from the Union if the issue was not resolved. Calhoun, ever the politician, thought the tariff issue could best be resolved by Congress and he thought he would be of more help to South Carolina as a senator.

However, Jackson began mobilizing federal troops to send to Charleston and made headlines by stating he would hang Calhoun if South Carolina went ahead with their threat to secede from the Union. In December 1832, Jackson issued a “Proclamation on Nullification,” warning that disunion by force was treason! Recall that this was nearly 30 years before the Civil War started.

President Jackson remained steadfast on federal tariffs. First, he was adamant that the Constitution trumped states’ rights. Asked if he had a message to those who threatened to secede, he replied: “Yes, give them my compliments and say that if a single drop of blood is shed in opposition to the laws of the United States, I will hang the first man upon the first tree I can reach!”

Secondly, he knew the federal tariffs were critical to his firm pledge to pay off the national debt. Remarkably, Jackson made good on his promise to eliminate the national debt. On Jan. 8, 1835, the federal government paid off 100 percent of the national debt … the first time in the history of the country. Fittingly, it was the 20th anniversary of the Battle of New Orleans. The following year, an even more astonishing event occurred. President Jackson approved returning surplus treasury funds to individual states.

With the current national debt at more than $22 trillion, and another $100 trillion in liabilities (Social Security and Medicare), I suspect zero national debt will require a degree of financial wizardry not seen since Bernie Madoff was reluctantly letting people give him their money to invest.

Here’s why DeWitt Clinton had real nerve, visionary leadership

This DeWitt Clinton memorial pewter rim went to auction in February 2018.

By Jim O’Neal

If you’re not weary yet of presidential politics, hold on. Bill and Hil Clinton are on a 13-city speaking tour using a conversational format followed by a Q&A session. They are most likely eyeing 2020 as yet another chance to move into a big white house in the 1600 block of Pennsylvania Avenue in Washington, D.C. The current occupants do not seem to have a good chance of making it two more years, but next in line is a family named Pence.

The name “Clinton” was also prominent in Washington, D.C., and NYC during the 18^th and 19th centuries, and perhaps even more pervasively. George Clinton (1739-1812) is generally considered a Founding Father as he participated in the French and Indian War and was a brigadier general in the Continental Army. He was also a delegate to the Continental Congress in 1776, but opposed adoption of the U.S. Constitution. Like Samuel Adams, he finally relented when the Bill of Rights was added.

He then turned to politics and in 1777 was elected (concurrently) to become lieutenant governor and governor of New York. In the second presidential election in 1792, he came in third behind George Washington and John Adams, but ahead of Thomas Jefferson and Aaron Burr. Clinton served four more years as governor of New York and held the record for longest-serving governor (21 years) until it was broken in December 2015 by Terry Branstad of Iowa. Branstad is now the U.S. Ambassador to China.

George Clinton then served as vice president for Thomas Jefferson in his second term (1805-1809) after Jefferson dropped Aaron Burr (presumably because he killed Alexander Hamilton in a duel in 1804). Clinton then served as vice president for James Madison until Clinton’s death in 1812. This was the first time the office of vice president was vacant and also the first time a VP served for two different presidents. Later, John C. Calhoun would serve as vice president for two different presidents (John Quincy Adams and Andrew Jackson) as he unsuccessfully tried to position himself for the top spot.

However, we are more interested in George Clinton’s nephew, DeWitt Clinton (1769-1828), who challenged James Madison for the presidency in 1812. DeWitt was a U.S. Senator from New York, mayor of NYC, and the sixth governor of New York. It was during his time as governor that he made his mark on history.

At the time, the great American rivers on the Eastern seaboard – like the Hudson, Delaware and Connecticut – were woefully underutilized for transportation or commerce. The primary modes for river transportation were limited to the currents, wind, various animals or one’s own feet. And, of course, going upstream against the currents was difficult and essentially impractical. But there were exciting things going on in Europe that would help transform the United States.

James Watt’s coal-fired steam engines were powering the spinning machines that transformed cotton into high-grade cloth. The cost was so low that the material could be shipped all the way to India and still be cheaper than local hand looms. Since England was sitting on huge supplies of coal and the coalmines could use the abundance of labor, it was a near-perfect situation. The remarkable Industrial Revolution was in full swing, transforming a nation of shopkeepers into a modern nation. The same near-perfect balance occurred in steel production following Henry Bessemer’s technique that obsoleted iron.

Attaching a steam engine to a boat was the next big thing and America’s ingenuity took over. By 1807, an American who had spent most of his life in England and France decided to return to America and tackle this obvious opportunity. Robert Fulton’s boat, the North River Steamboat, was 133 feet long with a tonnage of 160. It literally dwarfed all other experimental steamboats and was ready for a trial run to Albany.

Most skeptics believed Fulton would not be able to ever move 1 mile per hour or be of any utility. With smoke plumes marking its progress, the North River headed north on the Hudson. It arrived in Albany in 32 hours, averaging nearly 5 mph … upstream. On the return, it was back in a mere 30 hours. Vindicated, Fulton predicted it would soon be providing quick and cheap conveyance on the Mississippi, Missouri and others. He was right, as the Mississippi, Ohio and every other major river would soon have steamboats churning up and down their waters.

Even as steam had conquered America’s rivers, other geographic features limited commerce. Mountains were near impossible, and flat lands required the considerable exertion of horses, oxen and people. Land-based commerce – which was rapidly becoming the major activity – was both limited and expensive. One solution was canals and that’s where Governor DeWitt Clinton re-enters the picture. He personally championed the Erie Canal when others (including Thomas Jefferson) thought the idea was “little short of madness.”

Thanks to Clinton’s unwavering efforts to overcome all objections, on July 4, 1817, construction began on a 363-mile canal that was dug all the way from Lake Erie to Albany, N.Y. … blasting its way through mountains with powder from E.I. Du Pont de Nemours; the powder was DuPont’s only product for the company’s first 60 years of its existence. It took eight years and a budget of $6 million, raised from bonds from the public rather than squabbling with state bean counters. It was a lot of money; for perspective, the entire federal government budget for 1811 was $8 million. So hats off to a Clinton with real nerve, perspective and the kind of leadership vision that built this nation.

As an aside, today the federal government spends $8 million every 56 seconds. Maybe that’s why we have bridges that crumble, airports that lag third-world countries and we owe someone $22 trillion.

John Adams saw the White House as a home for ‘honest and wise men’

A vintage creamware punch bowl, commemorating “John Adams President of the United States,” sold for $15,535 at a March 2008 Heritage auction.

By Jim O’Neal

As the states prepared for the first presidential election under the new Constitution, it was clear that George Washington was the overwhelming favorite to become the first president of the United States.

Under the rules, each state would cast two votes and at the February 1789 Electoral College, all 69 Electors cast one of their votes for Washington, making him the unanimous choice of 10 states. Two of the original Colonies (North Carolina and Rhode Island) had not yet ratified the Constitution, and New York had an internal dispute and did not chose Electors in time to participate. Eleven other men received a total of 69 votes, with John Adams topping the list with 34 votes, slightly less than 50 percent. He became the first vice president.

Four years later, there were 15 states (Vermont and Kentucky) and the Electoral College increased to 132 Electors. Again, Washington was elected president unanimously, with 132 votes. Adams was also re-elected with 77 votes, besting George Clinton, Thomas Jefferson and Aaron Burr. All three of the runner-ups would later become vice presidents, with Clinton serving a term for two different presidents (Jefferson and Madison). Jefferson had cleverly picked Clinton as his VP due to his age, correctly assuming Clinton would be too old to secede him … thus ensuring that Secretary of State James Madison would be the logical choice. Clinton would actually be the first VP to die in office.

Two-time Vice President John Adams would finally win the presidency on his third try after Washington decided not to seek a third term in 1796. Still, Adams barely squeaked by, defeating Jefferson 71-68. Jefferson would become vice president after finishing second. It was during the Adams presidency that the federal government would make its final move to the South after residing first in New York City and then Philadelphia.

This relocation was enabled by the 1790 Residence Act, a compromise that was brokered by Jefferson with Alexander Hamilton and James Madison, with the proviso that the federal government assume all remaining state debts from the Revolutionary War. In addition to specifying the Potomac River area as the permanent seat of the government, it further authorized the president to select the exact spot and allowed a 10-year window for completion.

Washington rather eagerly agreed to assume this responsibility and launched into it with zeal. He personally selected the exact spot, despite expert advice against it. He even set the stakes for the foundation himself and carefully supervised the myriad details involved during actual construction. When the stone walls were rising, everyone on the project assembled, laid the cornerstone and affixed an engraved plate. Once in the mortar, the plate sank and has never been located since. An effort was made to find it on the 200th anniversary in 1992. All the old maps were pored over and the area was X-rayed … all to no avail. It remained undetected.

The project was completed on time and with Washington in his grave for 10 months, plans were made to relocate the White House from Philadelphia. The first resident, President John Adams, entered the President’s House at 1 p.m. on Nov. 1, 1800. It was the 24th year of American independence and three weeks later, he would deliver his fourth State of the Union address to a joint session of Congress. It was the last annual message delivered personally for 113 years. Thomas Jefferson discontinued the practice and it was not revived until 1913 (by Woodrow Wilson). With the advent of radio, followed by television, it was just too tempting for any succeeding presidents to pass up the opportunity.

John Adams was a fifth-generation American. He followed his father to Harvard and dabbled in teaching before becoming a lawyer. His most well-known case was defending the British Captain and eight soldiers involved in the Boston Massacre on March 5, 1770. He was not involved in the Boston Tea Party, but rejoiced since he suspected it would inevitably lead to the convening of the First Continental Congress in Philadelphia in 1774.

He married Abigail Smith … the first woman married to a president who also had a son become president. Unlike Barbara Bush, she died 10 years before John Quincy Adams actually became president in 1825. Both father and son served only one term. Abigail had not yet joined the president at the White House, but the next morning he sent her a letter with a benediction for their new home: “I pray heaven to bestow the best blessing on this house and on all that shall hereafter inhabit it. May none but honest and wise men ever rule under this roof.” Franklin D. Roosevelt was so taken with it that he had it carved into the State Dining Room mantle in 1945.

Amen.

JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Peaceful transfer of presidential power is one of our strengths

*Seven Days in May*, starring Burt Lancaster and Kirk Douglas, is a 1964 movie about a military/political cabal’s planned takeover of the U.S. government.

By Jim O’Neal

It seems clear that one of the bedrock fundamentals that contributes to the stability of the U.S. government is the American presidency. Even considering the terrible consequences of the Civil War – 11 states seceding, 620,000 lives lost and widespread destruction – it’s important to remember that the federal government held together surprisingly well. The continuity of unbroken governance is a tribute to a success that is the envy of the world.

Naturally, the Constitution, our system of justice and the rule of law – along with all the other freedoms we cherish – are all critical contributors. But it’s been our leadership at the top that’s made it all possible. In fact, one could argue that having George Washington as the first president for a full eight years is equal in importance to all other factors. His unquestioned integrity and broad admiration, in addition to precedent-setting actions, got us safely on the road to success despite many of the governed being loyal to the British Crown.

Since that first election in 1789, 44 different men have held the office of president (Grover Cleveland for two separate terms), and six of them are alive today. I agree with Henry Adams, who argued, “A president should resemble a captain of a ship at sea. He must have a helm to grasp, a course to steer, a port to seek. Without headway, the ship would arrive nowhere and perpetual calm is as detrimental to purpose as a perpetual hurricane.” The president is the one who must steer the ship, as a CEO leads an organization, be it small or large.

In the 229 intervening years, there have been brief periods of uncertainty, primarily due to vague Constitutional language. The first occurred in 1800, when two Federalists each received 73 electoral votes. It was assumed that Thomas Jefferson would be president and Aaron Burr would be vice president. The wily Burr spotted an opportunity and refused to concede, forcing the decision into the House. Jefferson and Burr remained tied for 35 ballots until Alexander Hamilton (convinced that Jefferson was the lesser of two evils) swayed a few votes to Jefferson, who won on the 36th ballot. This technical glitch was modified by the 12th Amendment in 1804 by requiring an elector to pick both a president and a vice president to avoid any uncertainty.

A second blip occurred after William Henry Harrison and John Tyler defeated incumbent Martin Van Buren. At age 68, Harrison was the oldest to be sworn in as president, a record he held until Ronald Reagan’s inauguration in 1981 at age 69. Harrison died 31 days after his inauguration (also a record), the first time a president had died in office. A controversy arose over the successor. The Presidential Succession Act of 1792 specifically provided for a special election in the event of a double vacancy, but the Constitution was not specific regarding just the presidency.

Vice President Tyler, at age 51, would be the youngest man to assume leadership. He was well educated, intelligent and experienced in governance. However, the Cabinet met and concluded he should bear the title of “Vice President, Acting as President” and addressed him as Mr. Vice President. Ignoring the Cabinet, Tyler was confident that the powers and duties fell to him automatically and immediately as soon as Harrison had died. He moved quickly to make this known, but doubts persisted and many arguments followed until the Senate voted 38 to 8 to recognize Tyler as the president of the United States. (It was not until 1967 that the 25th Amendment formally stipulated that the vice president becomes president, as opposed to acting president, when a president dies, resigns or is removed from office.)

In July 1933, an extraordinary meeting was held by a group of disgruntled financiers and Gen. Smedley Butler, a recently retired, two-time Medal of Honor winner. According to official Congressional testimony, Smedley claimed the group proposed to overthrow President Franklin Roosevelt because of the implications of his socialistic New Deal agenda that would create enormous federal deficits if allowed to proceed.

Smiley Darlington Butler was a U.S. Marine Corps major general – the highest rank authorized and the most decorated Marine in U.S. history. Butler (1881-1940) testified in a closed session that his role in the conspiracy was to issue an ultimatum to the president: FDR was to immediately announce he was incapacitated due to his crippling polio and needed to resign. If the president refused, Butler would march on the White House with 500,000 war veterans and force him out of power. Butler claimed he refused the offer despite being offered $3 million and the backing of J.P. Morgan’s bank and other important financial institutions.

A special committee of the House of Representatives (a forerunner to the Committee on Un-American Activities) headed by John McCormack of Massachusetts heard all the testimony in secret, but no additional investigations or prosecutions were launched. The New York Times thought it was all a hoax, despite supporting evidence. Later, President Kennedy privately mused that he thought a coup d’état might succeed if a future president thwarted the generals too many times, as he had done during the Bay of Pigs crisis. He cited a military plot like the one in the 1962 book Seven Days in May, which was turned into a 1964 movie starring Burt Lancaster and Kirk Douglas.

In reality, the peaceful transfer of power from one president to the next is one of the most resilient features of the American Constitution and we owe a deep debt of gratitude to the framers and the leaders who have served us so well.

Harvard-Educated Adams Cracked Down on Non-Citizens, Free Speech

An 1805-dated oil on canvas portrait of John Adams, attributed to William Dunlap, sold for $35,000 at a May 2017 Heritage auction.

By Jim O’Neal

When Barack Obama was sworn in on Jan. 20, 2009, he became the eighth president to have graduated from Harvard, which has educated more U.S. presidents than any other university. Yale is second with five, with George W. Bush counting for both Yale and Harvard (where he earned an MBA).

The first of the “Harvard Presidents” goes all the way back to 1796, when John Adams narrowly defeated Thomas Jefferson 71 to 68 in the electoral vote count. It was the only election in history in which a president and a vice president were elected from opposing parties.

However, Jefferson bounced back four years later in a bitter campaign characterized by malicious personal attacks. Alexander Hamilton played a pivotal role in sabotaging President Adams’ attempt to win a second term by publishing a pamphlet that charged Adams was “emotionally unstable, given to impulsive decisions, unable to co-exist with his closest advisers, and was generally unfit to be president.”

When all the votes were counted in 1800, Adams actually ended up third behind both Jefferson and Aaron Burr (who eventually became vice president). John and Abigail Adams took the loss very emotionally and it alienated their relationship with Jefferson for 20-plus years. Adams departed the White House before dawn on Inauguration Day, skipped the entire inauguration ceremony and headed home to Massachusetts. The two men ultimately reconciled near the end of their lives (both died on July 4, 1826).

Adams had been an experienced executive-office politician after serving eight years as vice president for George Washington. However, his four years as president were controversial. It started when the Federalist-dominated Congress passed four bills, collectively called the Alien and Sedition Acts, which President Adams signed into law in 1798. The Naturalization Act made it harder for immigrants to become citizens, and the Alien Friends Act allowed the president to imprison and deport non-citizens deemed dangerous or from a hostile nation (Alien Enemy Act). And finally, the Sedition Act made it a crime to make false statements that were critical of the federal government.

Collectively, these bills invested President Adams with sweeping authority to deport resident non-citizens he considered dangerous; they criminalized free speech, forbidding anyone to “write, print, utter or publish … any false, scandalous and malicious writing or writing against the government of the United States … or either House of Congress of the United States … with intent to defame … or bring them into contempt or dispute … or to excite against them or either of them … the hatred of the good people of the United States.”

Editors were arrested and tried for publishing pieces the Adams administration deemed seditious. Editors were not the only targets. Matthew Lyon, a Vermont Congressman, was charged with sedition for a letter he wrote to the Vermont Journal denouncing Adams’ power grab. After he was indicted, tried and convicted, Lyon was sentenced to four months in prison and fined $1,000.

For Vice President Jefferson, the Alien and Sedition Acts were a cause of despair and wonderment. “What person, who remembers the times we have seen, could believe that within such a short time, not only the spirit of liberty, but the common principles of passive obedience would be trampled on and violated.” He suspected that Adams was conspiring to establish monarchy again.

It would not be the last time Americans would sacrifice civil liberties for the sake of national security. More on this later.

U.S. Politics Has Rarely Seen a Character Like Aaron Burr

The signatures of Aaron Burr (above) and Alexander Hamilton sold for $2,500 at an April 2015 Heritage auction.

By Jim O’Neal

During the 1787 U.S. Constitutional Convention, there was a heated debate between delegates from southern and northern states over how to count slaves when determining a state’s population for both legislative representation and taxes. Finally, the “Three-Fifths Compromise” was reached, giving southern states one-third more seats in Congress and one-third more electoral votes than if slaves had been excluded.

In the presidential election of 1800, Vice President Thomas Jefferson and Aaron Burr were able to defeat incumbent President John Adams and Charles C. Pinckney due to this single factor. However, under Electoral College rules of the day, it took 36 votes in the House of Representatives to make Jefferson president and Burr vice president. This caused a major rift between the two men. Then the relationship really turned bitter after Burr killed Alexander Hamilton in a duel on July 11, 1804.

Burr was charged with murder in New York and New Jersey, but neither reached trial after courts overturned the grand jury indictment. Burr fled to Georgia, but returned to Washington, D.C., to complete his term as vice president and presided over the impeachment trial of Supreme Court Justice Samuel Chase. The Senate refused to convict Chase and he remains the only Justice of the Supreme Court to be impeached.

This was followed by a bizarre series of events involving Burr that included a suspected conspiracy to recruit a group of volunteers for a military expedition down the Mississippi River, provoke a war with Spain, hoping to split off some western states, and create a new inland empire. The expedition collapsed almost immediately and a co-conspirator of Burr betrayed him by sending alarming messages to President Jefferson. Convinced of Burr’s guilt, Jefferson ordered his arrest and he was taken into custody and treason charges were filed. Burr escaped, but was recaptured and taken to Virginia for trial.

In Richmond, they learned the electrifying news that Burr, former VP of the U.S., had been accused of treason and his trial would be held in their courthouse. The trial of such a prominent person attracted legal officials from a broad area. Chief Justice John Marshall was picked to preside over the trial and Burr’s defense lawyers included Edmund Randolph (U.S. Attorney General under George Washington) and Charles Lee, Attorney General for John Adams. The chief prosecutor was James Monroe’s son-in-law, George Hay.

Notable witnesses included Andrew Jackson, a friend of Burr who thought Jefferson was maligning him and started picking fights with Jefferson’s friends – even challenging star witness General James Wilkerson to a duel. Wilkerson was the co-conspirator who provided the incriminating evidence to Jefferson.

The trial started on May 22, 1807, but despite all the intriguing circumstances, there was a lack of evidence as explicated by Judge Marshall and the jury declared the accused not guilty in September. Most observers conceded that the outcome was inevitable. However, Burr’s political career was finally ended and he left America on a self-imposed exile in Europe (presumably to escape his creditors!).

Jefferson Stretched Constitution to its Limit

By Jim O’Neal

Thomas Jefferson was 57 years old when he was sworn in as president on March 4, 1801, in a simple ceremony in Washington, D.C. He was the first president to take office in the new capital, then a city of 6,000, but without representation in Congress. In 1961, the 23rd Amendment to the Constitution granted the district one non-voting, at-large delegate to the House of Representatives and three electoral votes in presidential elections, but no representation in the U.S. Senate. In 1973, they were granted limited self-government, which includes a mayor and a city council with 13 elected members.

Since the passage of the amendment, the district’s three electoral votes have been cast for the Democratic Party’s presidential and vice presidential candidates in every election. They are bound by law to never have more electoral votes than a state (in this case Wyoming, which has three).

Denounced as a radical and atheist by his political opponents, Jefferson became the first leader of an opposition political party to wrest control of the national government from the party in power. Despite grim prophecies by the outgoing Federalists that the Constitution would be overthrown, he proved to the world the strength of the American republic and its democratic system. Jefferson believed the United States should remain an agrarian country of small farms and a national government that offered little interference in the lives of its citizens. He warned of the evils of large cities – with disease, poverty and centralized power that fostered corruption.

However, as president, in his own words, he “stretched the Constitution till it cracked” by using presidential powers to double the size of the country, presumably to give people room to spread out and avoid dense urbanization (the Louisiana Purchase), and discharge major political appointees of his predecessor. Chief Justice John Marshall restrained him from applying the same principle to federal judges.

After suffering through the embarrassment of the Aaron Burr-Alexander Hamilton affair, he chose the elderly George Clinton for vice president in his second term, with the obvious intent to ensure a VP that was too old to succeed him. He then orchestrated the election of his old Virginia friend and Secretary of State James Madison to become the fourth president.

Refusing all pleas for a third term, he more than welcomed his pending retirement, writing “Never did a prisoner released from his chains feel such relief I shall in shaking off the shackles of power … I thank God for the opportunity of retiring from them without censure and carrying with me the most consoling proofs of public approbation.”

For his epitaph, he asked for “not a word more” about his time as vice president or president. After 17 years in retirement, his wish was granted and his cherished University of Virginia (which he founded) and the Declaration of Independence seem fitting memorials for this remarkably versatile man to which we all owe an eternal debt of gratitude.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is President and CEO of Frito-Lay International [retired] and earlier served as Chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].