James Madison – Page 3 – The Intelligent Collector Magazine

Jackson, Calhoun Divided in Office, United on Currency

The Confederate States T1 $1000 Montgomery Issue note, showing John C. Calhoun on left and Andrew Jackson on right, is an iconic rarity in the American paper money canon. This example realized $76,375 at an October 2015 Heritage auction.

By Jim O’Neal

“Posterity will condemn me more because I was persuaded not to hang John C. Calhoun as a traitor than for any other act in my life.” – Andrew Jackson in his final days before death

Such was the relationship of President Jackson and his Vice President John Caldwell Calhoun. Calhoun had also served as vice president in the previous administration of John Quincy Adams (1825-1829) and then won reelection in 1828 as he wisely switched to the more popular Jackson.

He thus became the second vice president to serve under two presidents, following in the footsteps of George Clinton (Thomas Jefferson and James Madison).

However, a series of disagreements between Jackson and Calhoun totally destroyed their tenuous relationship and Calhoun resigned in late 1832 before completing his term. This was a first for the vice presidency that would not be repeated until much later when Spiro Agnew was forced out over criminal actions.

One small irony is that Jackson/Calhoun are the only president/vice president to be featured together on currency printed in the United States. In 1861, the Confederate States of America issued a series of $1,000 bank notes with portraits of the two men featured prominently.

And there they shall remain together for a long time.

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].

Washington Recognized the Chaos of Autonomous States

The bronze sculpture *George Washington at Valley Forge* by Henry Merwin Shrady, modeled in 1905, cast circa 1906, sold for $54,970 at an April 2007 Heritage auction.

By Jim O’Neal

It had been a long war and George Washington was both tired and relieved to be returning to his plantation in Virginia for a well-deserved retirement. Mount Vernon was badly in need of his full-time attention and his finances were frayed.

However, he was apprehensive about a central government that consisted of a chaotic, ramshackle Congress considered by GW to be “wretchedly managed.” The legislature was a one-vote, one-state body that required a quorum of nine states to operate and a unanimous vote for major laws. This was no “United States,” but a loosely governed confederation of 13 states that were largely autonomous.

It seemed clear that the Articles of Confederation were impotent and in need of major revisions. However, it would probably require a crisis to force the changes and GW could sense that others would be looking to him (once again!) to provide the leadership needed, retirement or not.

He was right on both counts.

The crisis came when thousands of farmers in rural Massachusetts rebelled against tax increases on land the state had imposed to help pay off heavy debts. The farmers, many of whom had lost their land to foreclosure, swamped courthouses and threatened judges using their pitchforks.

They were led by Daniel Shays (hence “Shays’ Rebellion”), an ex-militia captain, and they finally marched on the Springfield arsenal intent on seizing muskets and powder. This anarchy was met by the Massachusetts militia, who fired point-blank into the crowd, and then by General Benjamin Lincoln, who arrived the next day with 4,000 soldiers to quell the rebels.

Washington was mortified by these events, since he feared disgrace from the Europeans who were still skeptical of American self-rule. More importantly, it galvanized him to join James Madison, James Monroe and Edmund Randolph to strengthen the Articles of Confederation they had fought so hard for.

Eventually, an executive branch was established and in February 1789, all 69 presidential electors chose GW unanimously to be the first president of the United States. In March, the new U.S. Constitution officially took effect and, in April, Congress formally sent word to Washington that he had won the presidency.

He borrowed money to pay off his debts and travel to New York again, this time to be inaugurated. After a second four-year term, he was finally able to resume his retirement. This time, it only lasted two years since he died on Dec. 14, 1799.

President Jimmy Carter bestowed the rank of “six-star general” and “General of the Armies of Congress” in the hope that Washington would be the highest-ranking military person of all time. Irrespective of future grade inflation, I’m betting this rank will not be surpassed.

As We Pay Tribute to Scalia, Let’s Recall Landmark Appointment Case

After he was defeated in the 1800 presidential election, John Adams retired to Massachusetts as a gentleman farmer. A letter he wrote and signed 13 years later realized $46,875 at an October 2014 Heritage Auction.

By Jim O’Neal

The landmark case known as Marbury vs. Madison arose after the bitter 1800 election when Vice President Thomas Jefferson defeated President John Adams, tied with and Aaron Burr and then eventually won when Alexander Hamilton swung the New York boys to him on the 36th ballot.

A bitter Adams made a last-minute attempt to pack the judiciary with Federalists by appointing 16 new circuit judges and 42 new Justices of the Peace for the District of Columbia. However, four of the new justices, including William Marbury, did not get their commissions before Adams’ last day in office.

Secretary of State James Madison refused to give the four men their commissions, so Marbury asked the Supreme Court to issue a writ of mandamus ordering Madison to do it. This put Chief Justice John Marshall (newly appointed by Adams) in a delicate situation. If the Supremes issued the writ, Madison might simply refuse and the Court had no means to enforce compliance.

Alternatively, if the Court did not, then he was risking surrendering judicial power to Jefferson and his Democratic-Republican Party (later to become the Democratic Party).

Marshall decided there was no middle ground and that left the choice of either declaring the Constitution to be superior and binding, or allowing the legislature to be an entity of unchecked power. Since the nation had established a written Constitution with fundamental principles to bind it in the future, it had to be both superior and binding law. And if the Constitution was the superior law, then an act “repugnant” must be invalid.

The decision was to discharge Marbury’s action because the Court did not have original jurisdiction, and the Judiciary Act of 1789, which Marbury argued was the basis of his petition, was unconstitutional. The Court found the Constitution specifically enumerated cases where the Court had both original and appellate jurisdiction. The Court also concluded a writ of mandamus was unconstitutional and void.

In more recent times, the Court has asserted a broad judicial review power and the role as the ultimate interpreter of the Constitution. Once a law is declared unconstitutional, the courts simply decline to enforce it. Judicial review was once controversial. Even Judge Learned Hand felt it was inconsistent with the separation of power. However, “Marbury” served to make the judiciary equal to the executive and legislative branches.

Most scholars and historians give full credit to Chief Justice Marshall for solidifying this principle of an equal tripartite government structure that has served us well for 200-plus years.

Author Harlow Giles Unger goes even further in his 2014 biography (John Marshall: The Chief Justice who Saved the Nation), where he claims Marshall turned into a bulwark against presidential and congressional tyranny and saved American Democracy.

I tend to disagree since the process for selecting members has been politicized to the point the Court seems to be simply an extension of which party controls the lever of power. I suspect we will have a chance to see this phenomenon several times in the next four to eight years as turnover increases.

When George Washington Told a Lie

The U.S. Capitol first appeared in its entirety on Series 1869 $2 Legal Tenders.

By Jim O’Neal

George Washington died in December 1799 at age 67 and numerous writers sensed an opportunity to record the details of his life. One of the first to get a publisher’s approval was an itinerant book peddler and Episcopal priest by the name of Mason L. Weems.

He rushed out The Life of Washington in pamphlet form in mid-January 1800. In that and succeeding volumes, he began manufacturing enduring myths regarding Washington, including the famous “chopping down the cherry tree.” In Weems’ version, 6-year-old George told his father “I cannot tell a lie, I used my little hatchet to cut it down.”

Generations of schoolboys (including me) were taught about the virtues of truth using this delightful little parable. However, there was one man who caught President Washington in an embarrassing lie.

The story begins with a dinner hosted by Thomas Jefferson for Alexander Hamilton and James Madison to resolve two thorny issues being debated. The first was the permanent site for the capital. The second was Hamilton’s insistence on the federal government assuming all the states’ debts from the Revolutionary War.

Jefferson and Madison finally agreed to passage of the debt assumption bill. In return, Hamilton promised to lobby the Pennsylvania delegation to endorse Philadelphia as the temporary capital and a site on the Potomac as the final.

Congress passed the Residence Act, which approved Philly as the capital for 10 years and then a permanent home on a 10-mile-square federal district on the Potomac near Mount Vernon.

When the capital moved to Philadelphia, Washington decided to bring his favorite chef from Mount Vernon, the slave Hercules, who ran an immaculate kitchen. The handsome and talented Hercules had a lot of freedom in Philly and plenty of cash from selling the food left over from presidential dinners.

However, Attorney General Edmund Randolph startled Washington when he told him that under Pennsylvania law, any adult slave residing for six consecutive months was automatically a free person.

So George sent Martha back to Mount Vernon before six months lapsed and told Hercules he wanted him to accompany her to be sure she was well cared for. Hercules became enraged since he was well aware of the law. He was also angered because he was so loyal to the family and this ploy questioned his integrity and fidelity.

He was so sincere that he was allowed to stay in Philadelphia and thus became the only man known to be lied to by George Washington!

P.S. Hercules took advantage of the law and secured his freedom, permanently.