Thomas Jefferson – Page 5 – The Intelligent Collector Magazine

Let’s Not Forget that America Remains a Unique Place

medal-struck-for-henry-clay — A U.S. Mint medal struck for presentation to Henry Clay in 1852 sold for $346,000 at a September 2016 auction.

By Jim O’Neal

The 1800 census reported 5.3 million people living in the United States – more than twice the number in the colonies at the beginning of the American Revolution. There were four cities with populations greater than 10,000 – Baltimore, Boston, Philadelphia and New York. Half of all Americans were under 16 years old.

The men and women who were born between 1776 and 1800 would not have had any contact with the colonial era. They would have none of the sensibilities of having been subjects of the King of England. They were the inheritors of the revolution and took seriously that they had inherited a remarkable revolution. They intended to demonstrate to a world of monarchs what democracy, what a democratic society could truly be.

Thomas Jefferson’s influence was the most pervasive in this generation and was constantly the subject of discussion. The statesman Henry Clay loomed as a hero as did DeWitt Clinton, because of his leadership in building the Erie Canal. Jefferson was important because he so clearly articulated a different conception of what a republic could be and he had a unique vision of how human beings could participate in their society. He is a point of reference throughout this period.

Once the Revolutionary War was won, there was an outpouring of people into the western parts of New York, Virginia, Georgia and Pennsylvania. By 1820-1830, people primarily farmed since 85 percent lived in rural areas.

Then came the shift to commerce, manufacturing and the professions – medical, teaching, preaching, legal. This required an infrastructure of teachers as literacy spread almost everywhere. Railroads, canals, steamboats and roads were all enablers of this new society, allowing it to flourish and grow.

The military was small, other than the swelling for the War of 1812, but troops quickly demobilized from 70,000 back down to 14,000. West Point was teaching civil engineering, with military people participating in economic life via the railroads and canals. Each veteran received 160 acres of land and they pushed further west.

In the North, almost everyone was educated, including free blacks. In the South, fewer were educated, but there were lots of academics for planters’ children. When the British writers Frances Trollope and Charles Dickens toured America, they found a society that was intoxicatingly free and saw things they loved: the outpouring of human energy, voluntary association at will, the zeal of forming a society to determine America’s character.

To paraphrase Benjamin Franklin when asked what the founders had created: “A republic, madam, if you can keep it.”

The first generation of Americans did a pretty fair job and we are still reaping the benefits of their efforts. I hope this generation does as well in keeping the flame of liberty burning brightly. America is still a unique place on Earth.

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].

Insidious Practice of Slavery Violated Every Principle that Men of Goodwill Supported

thomas-hart-benton-slave-master-with-slaves-study-for-the-american-historical-epic — This crayon with pencil and ink on paper by American painter Thomas Hart Benton (1889-1975), titled *Slave Master with Slaves (Study for The American Historical Epic)*, circa 1926, realized $35,000 at a December 2013 Heritage auction.

By Jim O’Neal

Slavery was the great exception to the rule of liberty proclaimed in the Declaration of Independence and established in the U.S. Constitution. The first African slaves (about 40 in all) were brought to the North American colony of Jamestown, Va., in 1619 to aid in the production of lucrative crops like tobacco.

By the time of America’s founding, the number had grown to 500,000, mostly in the five southernmost states. Slavery was never widespread in the North, but many profited indirectly by the practice. Between 1774 and 1804, all of the northern states had abolished slavery, but the “peculiar institution” remained absolutely vital to the South.

Even as the U.S. Congress outlawed the African slave trade in 1808, domestic trade flourished, and the slave population more than tripled over the next 50 years. By 1860, it was up to 4 million, primarily in cotton-production areas of the South.

One naive hope had been that slavery would slowly die as a simple matter of business economics. In 1776, Adam Smith (The Wealth of Nations) argued that the plantation system was uneconomic since slave labor cost more to maintain than laborers paid a competitive wage. But, in 1793, Eli Whitney invented the cotton gin, making slave-based production lower in cost. The insatiable demand for cotton from Europe was irresistible to the southern agrarian-based economy.

Overlooked in all of this was a brilliant insight by Smith. He noted that slavery ended in the Middle Ages in Europe only after the state and church became separate and strongly independent. His insight was that it is nearly impossible to end slavery in free, democratic forms of government, primarily because many of the legislators would also be slave owners and unlikely to act in ways that were not in their best interest.

Similar arguments later appear in the works of French philosopher Auguste Comte, known for his ideas regarding the “separation of the spiritual and the temporal.”

That was exactly the situation in the United States since many of the founders – most notably George Washington, Thomas Jefferson and James Madison – owned slaves and the South had always been dominated by self-interest. The obvious implication is that war was not only probable, but inevitable and unavoidable.

So the inexorable forces of profit versus human rights continued to accelerate, with only pauses, as the deeply conflicted country tried to find compromises (e.g. 1820) that simply delayed the inevitability of war. Kick-the-can strategies never achieve anything except temporary lulls.

Quite predictably, ours required a bloody civil war to (finally) reconcile the Constitution and an insidious practice of slavery that violated every principle that men of goodwill supported.

Both Smith and Comte tried to warn us, but their theories did not include any useful solutions, except perhaps to implement a kingdom … the very thing we were fleeing.

Even after 620,000 lives were lost in the Civil War, a number that exceeds all our other conflicts combined … and with the passage of 150 years … we are still struggling with race and inequality as our legislators try to find compromises.

Principles Articulated by Founders Transcend Time and Technology

the-federalist — An edition of *The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787*, in two volumes, by James Madison, Alexander Hamilton and John Jay, sold for $175,000 at a September 2016 Heritage auction.

By Jim O’Neal

In 1776, while Thomas Jefferson was putting the finishing touches on the Declaration of Independence, a committee headed by John Dickerson began meeting to draft the Articles of Confederation, a document designed to specify how this new government would work. Due to lots of internal debates (and the Revolutionary War), the Articles were not ratified until 1781, two years before the war ended.

Then a formal constitutional convention met in Independence Hall in May 1787. They abandoned the Articles and wrote a new document, “The Constitution of the United States of America.” Fifty-five delegates attended, but Vermont was not part of the Union and Rhode Island was absent since it was anti-federal, anti-union and didn’t bother to send a delegation to Philadelphia. Ten amendments were then ratified on Dec. 15, 1791, and we call them the Bill of Rights.

James Madison, “The Father of the Constitution,” played a crucial role at each stage in the entire process … calling the convention, framing the Constitution and carefully deciding how the Bill of Rights would work in a practical sense. To an extraordinary degree, we rely on Madison for our basic insight into the original theories and the ambitions of the Constitution, per se.

Madison had come to the convention totally prepared to control the agenda in a very characteristic way – carefully and deeply. He had studied the fundamental problems of the Articles, the state constitutions and the lessons of history, including his personal experience in the Continental Congress and in Virginia.

The Declaration of Independence and the Constitution combine to address mankind’s most basic political questions and the principles of organization for a government. Thus, they were meant to serve not simply the 18th century, but succeeding generations, whatever their circumstances or the state of their social progress. Because the principles the Founders articulated transcend both time and technology, they will serve us well through the 21st century, but only if we understand them correctly and apply them consistently.

Government officials must respect their oaths to uphold the Constitution and we the people must be vigilant in seeing that they do. The Constitution will live only if it is alive in the hearts and minds of the American people. That perhaps is the most enduring lesson of our experiment in ordered liberty.

It doesn’t seem like too much to expect.

Hamilton-Burr Duel Remains a Puzzle of American History

alexander-hamilton-warner-brothers-1931-one-sheet — Warner Brothers’ 1931 film *Alexander Hamilton* was based on the play that opened on Broadway in 1917. This original poster for the movie sold for $5,975 at a July 2016 Heritage auction.

By Jim O’Neal

Alexander Hamilton was born in the West Indies, arriving in America in 1772 to pursue an education. Aaron Burr was born in 1756 in Newark, N.J. When they met for their famous duel, Hamilton was a former Revolutionary War General and had been the first Secretary of the Treasury. Burr was a respected soldier, former U.S. Senator and the vice president of the United States.

Their duel is still controversial and somewhat puzzling. Why would two prominent Americans end up early one morning in a situation where one would be killed and the political career of the other effectively ended?

Burr has steadily become one of the great villains of American history. But before the duel, he was an impressive man. Contemporary reports asserted he was open and kind, and wrote letters to his servants, solicitous about their welfare. He had fought to eliminate slavery throughout the country and is credited with helping end the practice in New York in 1799.

Before the contentious election of 1800, Burr and Hamilton were friends who enjoyed dining together and their two daughters were also friendly. Yet the two men, among the most prominent lawyers in New York and the entire country, found themselves enmeshed in the code duello, a system of honor no better than current street rules for gangs in Chicago or Los Angeles.

It had started in February 1804 at a political dinner when Hamilton had supposedly called Burr a “dangerous man” unfit to lead. A doctor, Charles Cooper, leaked the comments to an Albany newspaper, which printed them. When Burr confronted Hamilton, Burr was told to ask Dr. Cooper, and then several more letters were exchanged, each one slightly more hostile than the previous.

Eventually, Burr challenged Hamilton to the duel in June 1804 and they agreed to meet in Weehawken, N.J., the exact spot Hamilton’s son had been killed in a duel three years earlier. The time was to be 7 to 7:30 a.m. on July 11 and both men were using modified pistols of over .50 caliber, more lethal than World War II heavy .50 caliber machineguns.

These guns were designed for killing, not dueling!

Hamilton was hit in the lower right side, fell, was carried to a boat waiting in the Hudson River and taken back to a friend’s house in New York. He died 36 hours later and his funeral was very impressive – a procession of his coffin on a carriage and his general’s uniform proudly on top. It was a memorable date, July 14, Bastille Day, and the 15th anniversary of the French Revolution.

Burr was indicted for murder, but never tried. In 1805, President Thomas Jefferson dropped him from the presidential ticket and Burr’s career careened into a deep spiral, his honor tarnished forever.

The infamous code duello had claimed two more victims.

Laws Curtailing Free Speech Rejected by Americans – 200 Years Ago

Thomas Jefferson reaffirmed the rights of Americans to “think freely and to speak and write what they think.”

By Jim O’Neal

After serving two full terms as president (1789-97), George Washington was more than ready to leave Philadelphia, where he had lived since relocating from New York City. He returned to his home in Mount Vernon with a profound sense of relief. The plantation had been losing money during his extended absence, leaving him in a financial quandary of being relatively wealthy but cash-poor. Virtually all of his assets were in non-liquid land and slaves.

However, little did he expect that his successor, Vice President John Adams, would allow relations with France to deteriorate to the point of a possible war. Diplomacy had failed and on July 4, 1798, President Adams was forced to offer Washington a commission as Lieutenant General and Commander-in-Chief of the Army with the responsibility of preparing for a potential war. Washington accepted, but wisely delegated the actual work to his trusted friend Alexander Hamilton. All of this happened a mere 17 months before his death at his beloved Mount Vernon.

War with France was avoided, but President Adams utilized some highly controversial tactics, including the Alien and Sedition Acts. These consisted of four bills passed by a highly partisan, Federalist-dominated Congress that were signed into law by Adams in 1798.

Although neither France nor the United States actually declared war, rumors of enemy spies (aliens) or a surprise French invasion frightened many Americans and the Alien Acts were designed to mitigate the risk. The first law, the Naturalization Act, extended the time it took immigrants to gain citizenship from five to 14 years. Another law provided that once war was declared, all male citizens of an enemy nation could be expelled. It was estimated that this would include 25,000 French citizens in the United States. The president also was authorized to deport any non-citizens suspected of plotting against the government during wartime or peace.

The Sedition Act was much more insidious. Sedition means inciting others to resist or rebel against lawful authority. The act first outlawed conspiracies “to oppose any measure of the government.” Further, it made it illegal for anyone to “express any false, scandalous and malicious writing against Congress or the President.” It included published words that had BAD INTENT to DEFAME the government or cause HATRED of the people toward it.

Secretary of State Timothy Pickering was in charge of enforcement and pored over newspapers looking for evidence. Numerous people were indicted, fined and jailed to the point that it became a major issue in the presidential election of 1800. Thomas Jefferson argued the laws violated the First Amendment.

The voters settled the debate by electing Jefferson.

In his inaugural address, Jefferson confirmed a new definition of free speech and press as the right of Americans “to think freely and to speak and write what they think.”

The U.S. Supreme Court never decided whether the Alien and Sedition Acts were constitutional. The laws, quite conveniently, expired on March 3, 1801, John Adams’ last day in office.

1824 Presidential Election Among Strangest in History

Henry Clay was among the presidential candidates in 1824. This folk art campaign portrait of Clay sold for $9,375 in May 2016.

By Jim O’Neal

The 12th Amendment to the U.S. Constitution was added to clear up some fuzzy rules for presidential elections that popped up in both 1796 and 1800.

In addition to requiring separate votes for president and vice president, it added procedures for the House of Representatives if no candidate received a majority of votes. The Amendment was proposed by Congress in 1803 and then ratified by the requisite three-fourths of states in June 1804. It was easier to gain consensus in those early days.

For the next 20 years, things went smoothly as Virginians continued to occupy the White House. Presidents Thomas Jefferson, James Madison and James Monroe all served two terms with no controversies, at least regarding elections.

Then came 1824.

To begin, all the candidates were from the same party … the Democratic-Republican. Tennessee nominated Andrew Jackson (born in North Carolina). Kentucky chose Henry Clay. William Crawford got a nomination from Georgia, albeit from a splinter group. John C. Calhoun of South Carolina ignored state officials and nominated himself. And finally, John Quincy Adams (the eventual winner) was the conventional “favorite son” from Massachusetts following in his father’s footsteps.

Then the fun started.

First, Calhoun quickly realized he didn’t have broad support and withdrew from the presidential race. However, in a twist, he nominated himself for vice president for both Jackson and Adams, which ensured him a victory.

Crawford suffered a stroke, but remained in the race, finishing in third place. Adams finished a disappointing second in both the popular and electoral votes.

Jackson had the highest number of popular votes and ended up with the most electoral votes. However, since the votes were split four ways, he did not have a majority (more than 50 percent).

The new rules threw the election into the House of Representatives, except Clay was eliminated since only the three top electoral vote-getters were eligible for the runoff. A great controversy then erupted when Clay, who was Speaker of the House, switched Kentucky’s vote from Jackson to Adams, giving him the office … thus making Andrew Jackson the only person to win both the popular and electoral votes and lose the election.

Then John Q. Adams made Henry Clay the Secretary of State in what has become known as the infamous “corrupt bargain.” No proof has ever surfaced of this quid pro quo, but Andrew Jackson certainly believed it … so much so that he resigned from the Senate and spent the next three years plotting against Adams.

It apparently worked, since he vanquished JQA in 1828 and then won again in 1832.

If this year’s nominating process and campaigns seem to border on the bizarre, you would be right. Just consider how 1824 would compare if they had been cursed with 24/7 cable TV.

Today’s Political Schisms Would Not Surprise George Washington

A painting by Jeremiah Paul Jr. (d. 1820) depicting George Washington taking leave of his family as he assumes command of U.S. forces during the “quasi-war” with France in 1798, realized $47,500 at a May 2015 Heritage auction.

By Jim O’Neal

George Washington was a staunch opponent of political parties due to the corrosive effect he (strongly) believed they would have on all levels of government.

As president, Washington worked hard to maintain a non-partisan political agenda, despite significant differences that existed right in his cabinet.

His 1796 farewell address was replete with advice to the country, and by extension, to future leaders. One prominent warning was to avoid the formation of political factions that would pose a danger to the effectiveness of government (think gridlock in Washington, D.C.). A second peril was entanglements with foreign governments, since they inevitably lead to war. The examples here start with the War of 1812, two World Wars, Korea, Vietnam and end with the Russian threats to NATO, the China Sea and the remarkably complex situation in the Middle East and North Korea.

After Washington’s retirement, John Adams and Alexander Hamilton ignored his sage advice and wasted little time confronting the Democratic-Republicans, headed by Thomas Jefferson and James Madison. Adams became the first (and last) Federalist president. He was easily defeated in 1800, after one term, by Jefferson and Aaron Burr. Adams finished a dismal third and the Federalists gradually faded into irrelevance.

The Democratic-Republicans put together a nice run of three Virginia presidents – Jefferson, Madison and James Monroe – however, the party lacked a strong center and split four ways. Next was an alliance between John Quincy Adams and Henry Clay of the National Republican Party, which only won a single election in 1824 that required the House to settle. When Andrew Jackson defeated Clay in 1832, the party was absorbed into the Whigs … a diverse group of anti-Jackson politicos.

Then the Whig Party fell apart in the 1850s over the issue of the expansion of slavery in the new territories. In fact, after the 1854 election, the largest party in the House of Representatives was the Opposition Party, with 100 members, followed by 83 Democrats and 51 American Party members (the Know Nothings).

These parties never seem to last long (thankfully).

Next it was the New Republican Party’s turn (the Party of Lincoln) until another major kerfuffle occurred in 1912 when Teddy Roosevelt and President William Howard Taft managed to divide the Republican Party enough to let Democrat Woodrow Wilson win the White House … until he had a stroke and his wife took over.

A century later, we appear to be in another political schism, with a socialist, Senator Bernie Sanders, on the Democrat Party side and on the other, Donald “The Wall” Trump, who claims to have part of the Republican Party supporting him. It is not clear which part.

Only one thing seems certain. Thanks to President Washington, we were warned!

P.S. As history teaches … this too shall pass.

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.

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.