About State of the Union History

1800 John Adams - "Midnight Judges"



On February 13, 1801 President John Adams signed the Judiciary Act of 1801 which provided a sweeping reorganization of  the nation's court system.   First the act of 1801 reduced the number of Supreme Court justices from six to five and eliminated their circuit court duties.   Second, it created 16 new judges to cover the existing six judicial circuits.   This reform was sorely needed as the Supreme court justices were overtaxed by the duties of the circuit court.   In fact, nine years earlier in 1792,  President George Washington also raised the need to revise the judiciary system.  Washington stated that the judges were being overtaxed with inconveniences of tasks such as processing bail, and in 1793 the number of justices required for a circuit court was reduced from two to one.  

But the Judiciary Act of 1801 when much further than just easing the burden on the supreme court justices, it also increased the scope of the federal judiciary by removing any restrictions over which cases a federal court could hear.   Now, all cases under the constitution and acts of the United States would fall under federal jurisdiction.   For example,  diversity suits (cases involving parties across different states) were now required to be heard in a federal court.  This encouraged citizens to rely more on federal courts, rather than state courts.  The bill passed, but not without significant Congressional debate between the Federalists and the Jeffersonian Republicans.   The Federalists insisted that the number of judges and the establishment of more courts were necessary to protect the federal government from hostile state governments and those who might corrupt public opinion. While the Republicans saw it as a way to weaken the state governments and secure patronage positions for the Federalists.   In 1800, President John Adams a Federalist himself, used his final state of the union to weigh in on the debate.  President Adams wrote that since everyone agreed it is essential that the courts provide "prompt and faithful execution" of the laws, and that the courts were accessible to the people ("convenient"), it was thus necessary for Congress to give serious consideration to the reform of the judiciary system.   In the President's opinion, "no subject is more interesting than this to public happiness", and based upon past experience, there was no other bill that could do more good than the Judiciary Act before them.
"It is in every point of view of such primary importance to carry the laws into prompt and faithful execution, and to render that part of the administration of justice which the Constitution and laws devolve on the Federal courts as convenient to the people as may consist with their present circumstances, that I can not omit once more to recommend to your serious consideration the judiciary system of the United States. No subject is more interesting than this to the public happiness, and to none can those improvements which may have been suggested by experience be more beneficially applied."
The Judiciary Act of 1801 was signed during the last days of Adams' presidency, and the 16 new judges appointed to the circuit courts were hastily confirmed.   In fact, there were only 19 days left in the Adams administration when the bill was signed.  President Adams was said to have signed the appointments at midnight prior to the inauguration of President Thomas Jefferson.  Thus, the act was labeled "Midnight Judges" by the Jeffersonian Republicans who accused the Federalists of packing the courts after their defeat in the elections of 1800.

In 1816, Adams' successor, James Madison once again called for additional reforms of he judiciary system.   He reported to  Congress that the duties of the Federal courts had swelled and the territory they needed to covered had widened.  Supreme Court judges needed some relief from their exhausting itineraries which left them with little time to research and prepare for their duties as the supreme judges of the land.   In addition,  a more convenient organization of the circuit courts was needed, but this time WITHOUT an objectionable increase in the number of judges.  Perhaps, Madison did not want to repeat the mistake of his predecessor.  Here are Madison's words from 1816.
The first is called for by the accruing business which necessarily swells the duties of the Federal courts, and by the great and widening space within which justice is to be dispensed by them. The time seems to have arrived which claims for members of the Supreme Court a relief from itinerary fatigues, incompatible as well with the age which a portion of them will always have attained as with the researches and preparations which are due to their stations and to the juridical reputation of their country. And considerations equally cogent require a more convenient organization of the subordinate tribunals, which may be accomplished without an objectionable increase of the number or expense of the judges.
In 1817, Congress passed an act to expand the role of court appointed federal officers and referred to them as "commissioners".  These commissioner's were authorized to set bail, take affidavits in civil cases, and take depositions of witnesses who were unable to appear in federal court.

http://www.presidency.ucsb.edu/ws/index.php?pid=29442
http://www.presidency.ucsb.edu/ws/index.php?pid=29458
http://www.fjc.gov/history/home.nsf/page/landmark_03.html
https://en.wikipedia.org/wiki/Midnight_Judges_Act
http://www.artizans.com/images/previews/MAT243.pvw.jpg
http://www.fjc.gov/history/home.nsf/page/admin_03_02.html

1800 John Adams - Discharging the Temporary Army



In 1797, treaty talks between the United States and France had broken down, and America began to prepare for an all out war with France.   In fact, the French made a mockery of the treaty talks by trying to exhort payment (see XYZ affair) from America in return for peace.   In 1798, President John Adams called this an "unequivocal act of war".  The President urged congress to make appropriations to expand he naval forces and increase the Regular Army.   But, in 1798 Congress was reluctant to abandon it's traditional reliance on short-term militia volunteers and denied President Adams' request for an increase in the regular army.   Instead, Adams moved forward with plans to raise twelve infantry regiments and one Calvary regiment that would make up the Provisional army.  In April of 1798, a bill was passed by the Senate to raise a provisional army of 20,000 men with a purpose to deter invasion.  But who would lead this provisional army.  John Adams had no experience as a commander in chief, so he looked to the one man whom he believed would rise above party politics and be respected by all, the hero of the American revolution and the first president, George Washington. Adams understood the symbolic importance to the Republic of George Washington leaving retirement to lead the Provisional army, so he had to accept it on Washington's terms. These terms included the appointment of secondary commanders including Adams' Federalist rival, Alexander Hamilton.   Alexander Hamilton accepted the position of senior major General and began recruiting in 1799.   By time the Provisional army was disbanded in June 1800, approximately 4,100 men had been trained and drilled by Alexander Hamilton.

In Adam's final address to congress, he shared kind words of the honorable men who were driven by "patriotic motives" to give of themselves to the service of their country.
"In compliance with a law of the last session of Congress, the officers and soldiers of the temporary army have been discharged. It affords real pleasure to recollect the honorable testimony they gave of the patriotic motives which brought them into the service of their country, by the readiness and regularity with which they returned to the station of private citizens."
On September 30, 1800 the United States and France signed a treaty in which France agreed to recognize American neutrality and tor refrain from seizing American vessels.  News traveled very slow across the ocean in those days, and President John Adams penned his final address to Congress without knowledge that the new treaty had been signed. 

Within a year of this 1798 appointment, Washington fell ill of a bad cold that turned into acute laryngitis and pneumonia; on December 14, 1799, the Lieutenant General died at his home.  In 1854, Congress authorized the building of a equestrian statute by sculptor Clark mills dedicated to Lieutenant General George Washington.  It was completed in 1860 and is currently located in the Washington Circle of  Washington D.C. 

http://www.presidency.ucsb.edu/ws/index.php?pid=29442
http://www.history.army.mil/books/amh-v1/ch05.htm
http://www.shsu.edu/~his_ncp/Starmy.html
http://www.presidentprofiles.com/Washington-Johnson/John-Adams-Preparations-for-war.html

1800 John Adams - Seacoast Defense, Fort McHenry



In President John Adam's final address, he wrote about the importance of protecting our nation's commercial interests and our capital.  Adam's explained that given the vast sea coast, and the ocean which separated us from our enemies, it was only natural that a strong navy adapted to a defensive war would be our best defense.    
"While our vast extent of sea coast, the commercial and agriculture habits of our people, the great capital they will continue to trust on the ocean, suggest the system of defense which will be most beneficial to ourselves, our distance from Europe and our resources for maritime strength will enable us to employ it with effect. Seasonable and systematic arrangements, so far as our resources will justify, for a navy adapted to defensive war, and which may in case of necessity be quickly brought into use, seem to be as much recommended by a wise and true economy as by a just regard for our future tranquillity, for the safety of our shores, and for the protection of our property committed to the ocean."
But then President Adams went took one step further and wrote that in connection with a navy, Congress should also consider fortifying our principal sea ports and harbors.  A considerable sum of money had already been appropriated towards this, but many projects remained incomplete.  Adams urged Congress to consider appropriating additional funds to complete the fortification of America's ports and harbors. 
"In connection with a navy ought to be contemplated the fortification of some of our principal sea ports and harbors. A variety of considerations, which will readily suggest themselves, urge an attention to this measure of precaution. To give security to our principal ports considerable sums have already been expended, but the works remain incomplete. It is for Congress to determine whether additional appropriations shall be made in order to render competent to the intended purposes the fortifications which have been commenced."
One of these forts, was Fort McHenry.   In 1800, construction of the new Fort McHenry was completed on the site of the former Fort Whetstone which had defended Baltimore from 1776 to 1797.   Fort McHenry was designed by to improve the defenses of the increasingly important Port of Baltimore from future attacks.   It was constructed in the shape of a 5-pointed star and was surrounded by a deep broad trench, or dry moat.   This trench served a shelter for infantry men who might defend the fort from a land attack.   Fort McHenry is best known for it's role in the Battle of Baltimore when it's resistance during the bombardment by the Royal navy inspired Francis Scott Key to compose the poem "Defense of Fort McHenry", known today as "The Star Spangled Banner". 

Fort McHenry was one of the last forts to be built as part of what is known as the "First System".   These were forts built between 1793 and 1802 under a combined unit of "Artillerists and Engineers".   In 1802, Congress separated the artillerists and engineers into separate corps, and in 1807 over new concerns of war with Great Britain, then President Thomas Jefferson renewed the fortification programs, and built what is known as the "Second System".  A Third System was started in 1816, following the War of 1812 under President James Madison.

http://www.presidency.ucsb.edu/ws/index.php?pid=29442
https://en.wikipedia.org/wiki/Fort_McHenry
https://en.wikipedia.org/wiki/Battle_of_Baltimore
https://en.wikipedia.org/wiki/Seacoast_defense_in_the_United_States 
https://upload.wikimedia.org/wikipedia/commons/2/22/Fort_McHenry_National_Monument_and_Historic_Shrine_FTMC2498.jpg

1800 John Adams - Treaty with King of Prussia Negotiated by John Quincy Adams



The Kingdom of Prussia was near and dear to John Quincy Adams heart.  In 1785, Thomas Jefferson with much help from Benjamin Franklin negotiated the a commercial alliance with the Kingdom of Prussia and became the first European power to recognized the United States of America.  In 1793, George Washington appointed John Quincy Adams as minister to the Netherlands.   John Quincy Adams was then 26 years old, and the son of Vice President John Adams.   When elder John Adams became president, he then appointed his son as Minister to Prussia at the former President George Washington's urging. 

After John Adams lost his bid for a second term in 1800, he recalled his son John Quincy Adams from his appointment as Minister to Prussia, but not after he had successfully renewed the Treaty of Amity and Commerce with the King of Prussia.  The treaty was originally negotiated by Thomas Jefferson in 1785 and signed by George Washington.  The treaty established a commercial alliance with the Kingdom of Prussia and the United States.  The Kingdom of Prussia held a special place in many American's hearts as it was one of the first nations to recognize the new nation of the United States of America.  So it must have brought President John Adams a good deal of pride to report to Congress, that the Treaty was renewed in 1799 after successful negotiations by his John Quincy Adams with the King of Prussia.   Yet perhaps with humility, the president gave it only a brief mention.
    "A treaty of amity and commerce with the King of Prussia has been concluded and ratified. The ratifications have been exchanged, and I have directed the treaty to be promulgated by proclamation."

The treaty established a mutual status of Most Favored Nation, mutual protection of all vessels and cargo, reciprocal trade and the right for citizens to hold land in the other's territory.   The author of the original treaty is believed to be Benjamin Franklin, and at the time, it was acclaimed as having set a new standard of international policies regarding humanitarian affairs. 

In the late 1820s, as the United States and the kingdom of Prussia sat down to negotiate a renewal, the world was a much different place.   The Napoleonic Wars had ended, the United States was becoming a world power and the rise of the Royal British Navy helped to usher in a 40 year period of peace.   In 1825, the new Prussian charge, Niederstetter was sent to the United States to begin negotiations with the US Secretary of State, Henry Clay.  Back in 1799, the elder Adams was reluctant to sign the renewal because it change many of the principle provisions of the 1785 treaty, so it is no wonder that his son John Quincy Adams was then pushing to have the new treaty based upon the original 1785 provisions.  Clay proposed to revive articles 12 through 24 of the 1799 treaty and article 12 of the 1785 treaty, to which Niederstetter completely obliged.  In addition, Clay pushed for a prohibition on privateering, while Niderstetter proposed an article on provisions related to blockades.  The remaining articles were based upon the recent treaty with Norway and Sweden and the treaty was signed on May 1, 1829. 

In 1800 the career of John Quincy Adams was just beginning. In 1803 while Thomas Jefferson was president, he was elected to the U.S. Senate, then appointed by James Madison as the first ever United States Minister to Russia, U.S. Secretary of State from 1817 to 1825 under James Monroe, and finally, John Quincy Adams served as the sixth President of the United States from 1825 to 1829.  So before John Quincy Adams became president, he had served in one form or fashion under the first five presidents.  And after his presidency, John Quincy Adams served an additional nine terms in Congress where in 1847 he served with our future 16th president Abraham Lincoln.  John Quincy Adams was known as a "living bridge" between the revolutionary war and the civil war.

http://www.presidency.ucsb.edu/ws/index.php?pid=29442
https://en.wikipedia.org/wiki/Treaty_of_Amity_and_Commerce_(Prussia%E2%80%93United_States)
https://www.jstor.org/stable/2188021?seq=1#page_scan_tab_contents
https://en.wikipedia.org/wiki/John_Quincy_Adams
https://upload.wikimedia.org/wikipedia/commons/d/d3/John_Quincy_Adams_by_Gilbert_Stuart%2C_1818.jpg

1799 John Adams - The British Debt Commission Failure



In 1794 under George Washington, Supreme Court Chief Justice John Jay negotiated a treaty of peace with Great Britain.  Under article VI of the agreement, the U.S. committed to paying the prewar debts to English merchants. Understandably, this was enormously unpopular with the people, especially the Democratic Republicans.  From 1763 to 1775 colonial merchants and planters bought practically all of their manufactured articles from British merchants,  but as the revolution took hold, many merchants and planters withheld payments as a way of undermining the authority of English rule.  In 1783 the initial peace treaty signed in Paris cleared the way for British creditors to collect their prewar debts, but the states circumvented this.   With the adoption of the Constitution in 1789, the federal courts began to facilitate the collection of debts with some success against the wishes of the individual states like North Carolina.   So, you can imagine the uproar when the Jay treaty was signed.  It is no wonder people hung the likeness of John Jay in effigy.     

Article VI of the Jay treaty defined what is know as the British Debt commission.  It defined a five-member commission consisting of three British and two Americans to adjudicate the claims of British merchants.   After receiving more than  $25,000,000 in claims, the commission began it's consideration of them in 1798.    A bitter debate began over several items concerning article VI of the Jay treaty. 
  1. Paying Interest.   The British wanted full interest for every claim, while the Americans wanted to allow the commission to award or refuse interest as each case warranted it.
  2. Proof of Solvency.  Americans wanted to require a proof of solvency of a debtor before debts can be collected.  British did not.
  3. Exhaustion of local remedies.  Americans wanted proof that the British had pursued lawful remedies in an American court before coming to the commission.   British did not.
  4. Eligibility.   The British wanted all natural born British subjects to be eligible creditors.  The Americans only wanted only those British who declared themselves to be loyal to Great Britain before the war started. 
The two American commissioners were unable to crack the British three man majority, and walked out.  President John Adams addressed this situation in his third annual address to congress.  President Adams called it a "difference of opinion".   The American commissioner's thought it was their "duty to withdraw".   It was an unavoidable interruption, but Adams was confident that there would be an explanation that was compatible with the "spirit of amity" and  "sense of justice"  that now existed between the two countries. 
"In examining the claims of British subjects by the commissioners at Philadelphia, acting under the 6th article of the treaty of amity, commerce, and navigation with Great Britain, a difference of opinion on points deemed essential in the interpretation of that article has arisen between the commissioners appointed by the United States and the other members of that board, from which the former have thought it their duty to withdraw. It is sincerely to be regretted that the execution of an article produced by a mutual spirit of amity and justice should have been thus unavoidably interrupted. It is, however, confidently expected that the same spirit of amity and the same sense of justice in which it originated will lead to satisfactory explanations."
In similar fashion, article VII of the Jay treaty formed the Maritime Claims commission to review claims by Americans against Great Britain for irregular or illegal capture or condemnation of American vessels.  This 5 man commission made up of 3 Americans and two British was also struggling with questions of it's own regarding jurisdiction, exhaustion of local remedies, and the definition of contraband.    When the Americans walked out of the British Debts Commission, the British retaliated by walking out of the Maritime Claims commission.   President Adams promised to get to the bottom of the matter and  was confident that both boards would resume their proceedings.
"I shall immediately instruct our minister at London to endeavor to obtain the explanation necessary to a just performance of those engagements on the part of the United States. With such dispositions on both sides, I can not entertain a doubt that all difficulties will soon be removed and that the 2 boards will then proceed and bring the business committed to them respectively to a satisfactory conclusion."
The Maritime Claims Board did finally resume it's proceedings at the Convention of 1802, but the British Debts Commission turned out to be a failure.   In 1800, President Adams addressed Congress again to report that the "difficulties which suspended the execution of the 6th article of our treaty of amity, commerce, and navigation with Great Britain have not yet been removed".    Even then, President Adams wrote with confidence that the "endeavors of the Government of the United States to bring it to an amicable termination will not be disappointed."   And in that same year, Rufus King, United States minister at London was instructed to negotiation a new convention to spell out America's obligations under article VI of the Jay treaty.    Mr. King addressed Lord Grenville in 1800, but Lord Grenville refused to negotiate a new convention.   Then in January of 1802, Grenville and British Government agreed to accept a payment of £600,000 from the United States for the full satisfaction of all claim.  This equated to about $2.6 million dollars, just over 10% of the total claims.  This failure of the British Debts commission served as a lesson to the world that international tribunals need to be carefully drafted with very specific substantive and procedural laws.

http://www.presidency.ucsb.edu/ws/index.php?pid=29441
http://www.presidency.ucsb.edu/ws/index.php?pid=29442
http://www.stateoftheunionhistory.com/2016/01/1795-george-washington-jay-treaty.html
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=4345&context=lawreview
http://ncpedia.org/british-debts

1799 John Adams - Persevering in the pacific and humane policy (Treaty of Mortefontaine)



After failed negotiations with France involving bribes and outlandish demands became widely known as the "XYZ Affair", federalists called for a declaration of War.  President John Adams refused and sent negotiators back to France again in 1799 to end hostilities.  

In 1797 relations with France things went from bad to worse,   France refused to receive Charles Pinkney as the new minister-in-residence to replace Monroe and even expelled him from the country.  France was sill angry over the Jay Treaty and were acting in defiance towards the United States.  John Adams in May of 1797 called a special session of Congress to meet regarding relations with France.   Could the United States honorably send another diplomatic mission to France?  As things continued to escalate, Alexander Hamilton and Secretary of War James McHenry provided a more moderate response to the President.   They agreed that "France cannot be considered as a violator of the laws of nations, nor the simple act of refusal, as just cause of war".   Their position favored an extraordinary mission to France, negotiations, and an increase in defensive measures.  Eventually, the rest of Adam's cabinet came to agree that the "extraordinary mission" should be sent.

But who to send?  President Adams reached out to his Secretary of Treasurer Oliver Wolcott, and asked his his thoughts regarding James Madison as commissioner.   Wolcott was shocked and responded in fear that Madison had opposed the Jay Treaty, fought assumption and consistently resisted Washington's and Hamilton's programs.  Wolcott responded:  "Sending Mr. Madison will make dire work among the passions of our parties in congress, and out of doors, through the states!".   In fact most of the cabinet did not trust Madison, and chose to send  a message to Adams, "we are willing to resign".  These men were all federalists, men who were part of Washington's cabinet Adams chose to keep.  They were instrumental in his election, and he could not afford to cross them politically.   They agreed to a three-man commission, and in March of 1797 they chose Charles Pinckney, John Marshall, and Elbridge Gerry as special ministers to France.

The American diplomats were then sent to France and no word was heard form them until March 1798.  The negotiations were a failure;  the French made outlandish demands of a loan and a bribe which were refused by the Americans.  Adam's cabinet was again divided on how to react with both Attorney General Charles Lee and Secretary of State Timothy Pickering arguing for a declaration of war.  The Democratic-Republican leaders in congress suspected that Adams had exaggerated the French position to encourage war and they demanded the release of the commissioner's dispatches.  Adams turned them over, but replaced the French actors with the letters W, X, Y, and Z.  The affair instantly became known as the "XYZ Affair".  The federalists pounced on this and called for a declaration of war.  Congress then authorized the acquisition of 12 frigates and made other appropriations to increase military readiness.   But Adams persevered and refused to ask Congress for a declaration of war.  Instead, President Adams sent negotiators to France again in 1799 who eventually negotiated an end to hostilities with the Treaty of Mortefontaine in September 1800. 

In December of 1799, President John Adams wrote to a joint session of Congress and described his intentions.   It was a bold move that kept the conflicts from escalating into an all out war between the United States and France. 
"Persevering in the pacific and humane policy which had been invariably professed and sincerely pursued by the Executive authority of the United States, when indications were made on the part of the French Republic of a disposition to accommodate the existing differences between the 2 countries, I felt it to be my duty to prepare for meeting their advances by a nomination of ministers upon certain conditions which the honor of our country dictated, and which its moderation had given it a right to prescribe.

The assurances which were required of the French Government previous to the departure of our envoys have been given through their minister of foreign relations, and I have directed them to proceed on their mission to Paris. They have full power to conclude a treaty, subject to the constitutional advice and consent of the Senate. The characters of these gentlemen are sure pledges to their country that nothing incompatible with its honor or interest, nothing inconsistent with our obligations of good faith or friendship to any other nation, will be stipulated."

In November of 1800, John Adams delivered his second final address to Congress.  Negotiations have not yet been terminated, but Adams remained optimistic that it would be met with a "success proportioned to the sincerity with which they have been so often repeated."
"The envoys extraordinary and ministers plenipotentiary from the United States to France were received by the First Consul with the respect due to their character, and 3 persons with equal powers were appointed to treat with them. Although at the date of the last official intelligence the negotiation had not terminated, yet it is to be hoped that our efforts to effect an accommodation will at length meet with a success proportioned to the sincerity with which they have been so often repeated."

http://www.presidency.ucsb.edu/ws/index.php?pid=29441
http://www.presidency.ucsb.edu/ws/index.php?pid=29442
James McHenry, Forgotten Federalist by Karen E. Robbins.
https://books.google.com/books?id=_w7UCgAAQBAJ&dq=james+mchenry+mission+to+france&source=gbs_navlinks_s
https://en.wikipedia.org/wiki/XYZ_Affair
https://upload.wikimedia.org/wikipedia/commons/0/04/The_Signing_of_the_Treaty_of_Mortefontaine%2C_30th_September_1800_by_Victor-Jean_Adam.jpg

1798 John Adams - Passamaquoddy Bay and the true St. Croix River



In 1794, the Jay Treaty was signed in London and brought peace between His Britannic Majesty and the United States. As part of this treaty, the northern boundary between British Canada and the United States was defined to be the St. Croix river.  But which river was the St. Croix river.  The British agent defined the River St. Croix as the river with it's mouth in Passamaquoddy Bay containing the Island of St. Croix, so called by De Monts.   The American agent argued that the St. Croix was actually the Magaguadavic, another large river which also had it's mouth in Passamaquoddy but was east of the Scoodiac. 

Under article the question was to be referred to the final decision of three commissioner's.  One commissioner was to be named by His Majesty of Spain and one by the President of the Untied States.   Based on article 5 of the Jay treaty, the third commissioner to was chosen by lot in the presence of the first two commissioners. 

Whereas doubts have arisen what River was truly intended under the name of the River st Croix mentioned in the said Treaty of Peace and forming a part of the boundary therein described, that question shall be referred to the final Decision of Commissioners to be appointed in the following Manner-Viz-

One Commissioner shall be named by His Majesty, and one by the President of the United States, by and with the advice and Consent of the Senate thereof, and the said two Commissioners shall agree on the choice of a third, or, if they cannot so agree, They shall each propose one Person, and of the two names so proposed one shall be drawn by Lot, in the presence of the two original Commissioners.


Thus it was by lot, that Edgar Benson of New York was chosen as the third commission and the three of them were sworn into make the final decision regarding which river was the St. Croix.  Benson decided that the Scoodiac river was the River St. Croix.  In his second annual address to Congress, President John Adams announced that on October 25, 1798 the commission "made their declaration that a river called Scoodiac, which falls into Passamaquoddy Bay at its northwestern quarter, was the true St. Croix intended in the treaty of peace, as far as its great fork, where one of its streams comes from the westward and the other from the northward, and that the latter stream is the continuation of the St. Croix to its source."  Additional questions were also settled regarding the source of the St. Croix and the drawing of boundary lines could now be completed.
"The commissioners appointed in pursuance of the 5th article of the treaty of amity, commerce, and navigation between the United States and His Britannic Majesty to determine what river was truly intended under the name of the river St. Croix mentioned in the treaty of peace, and forming a part of the boundary therein described, have finally decided that question. On the 25th of October they made their declaration that a river called Scoodiac, which falls into Passamaquoddy Bay at its northwestern quarter, was the true St. Croix intended in the treaty of peace, as far as its great fork, where one of its streams comes from the westward and the other from the northward, and that the latter stream is the continuation of the St. Croix to its source.
This decision, it is understood, will preclude all contention among the individual claimants, as it seems that the Scoodiac and its northern branch bound the grants of land which have been made by the respective adjoining Governments.
A subordinate question, however, it has been suggested, still remains to be determined. Between the mouth of the St. Croix as now settled and what is usually called the Bay of Fundy lie a number of valuable islands. The commissioners have not continued the boundary line through any channel of these islands, and unless the bay of Passamaquoddy be a part of the Bay of Fundy this further adjustment of boundary will be necessary, but it is apprehended that this will not be a matter of any difficulty."

http://www.presidency.ucsb.edu/ws/index.php?pid=29440
http://avalon.law.yale.edu/18th_century/jay.asp
The Right of the United States to the North-eastern Boundary Claimed by Them by Albert Gallatin  pg 156 to 158
https://books.google.com/books?id=hBYlgrk05msC&dq=scoodiac+river&source=gbs_navlinks_s
http://www.old-maps.com/nautical/Maine/NOAA_Modern/13398_PassamaquoddyBay_StCroixRiver_web.jpg

1798 John Adams - Mississippi Territory



Was Mississippi worth it?   It may not have seemed so in 1798.  It was controversial, and Adams referred to it as "some matters of less moment".

After signing Pinckney's treaty with Spain.   Andrew Elliot was appointed to be the American boundary commissioner to establish a boundary between Spain and the United Sates.  President John Adams was happy to announce that the boundary line was now complete.
"After the Spanish garrisons had evacuated the posts they occupied at the Natchez and Walnut Hills the commissioner of the United States commences his observations to ascertain the point near the Mississippi which terminated the northernmost part of the 31st degree of north latitude. From thence he proceeded to run the boundary line between the United States and Spain. He was afterwards joined by the Spanish commissioner, when the work of the former was confirmed, and they proceeded together to the demarcation of the line."
But this was without controversy.  When Andrew Elliot first arrived in the Natchez territory in  February 1797, he found two factions of citizens, 'Debtors' and 'Creditors'. On several occasions Elliot overstepped his political authority in Natchez, and created tension between the two sides.  Andrew Elliot became intimately involved in the dissension and Captain Isaac Guioon had to be sent to Natchez to quell the conflicts.  After peace returned, and the last of the Spanish troop had evacuated the garrisons, the was was clear for Elliot to finish his survey and establish the boundary lines.  On March 30, 1798, the Spanish flag was lowered in Natchez, and the American flag was raised.   The Mississippi and lands north of the 31 degrees was now American - The Mississippi territory became an organized incorporated territory of the Untied States.  The boundary line was drawn, but at a great expense and in "in opposition to the will of the Indian tribes".  For President Adams, it was not time to recall the commissioner.  
"Recent information renders it probably that the Southern Indians, either instigated to oppose the demarcation or jealous of the consequences of suffering white people to run a line over lands to which the Indian title had not been extinguished, have ere this time stopped the progress of the commissioners; and considering the mischiefs which may result from continuing the demarcation in opposition to the will of the Indian tribes, the great expense attending it, and that the boundaries which the commissioners have actually established probably extend at least as far as the Indian title has been extinguished, it will perhaps become expedient and necessary to suspend further proceedings by recalling our commissioner."
http://www.presidency.ucsb.edu/ws/index.php?pid=29440
The Uniting States: Louisiana to Ohio by Benjamin F. Shearer (2004) pg 656

1798 John Adams - An Act to provide an additional Armament for the further protection of the trade




"Perhaps no country ever experienced more sudden and remarkable advantages from any measure of policy ..."  President  John Adams wrote these bold words in his second annual address to Congress.  Was this a bailout?  Was this universal healthcare?  It was an act that leveraged American businesses with the need for ships of war.   

It all began with the president signing a law that banned U.S. vessels from sailing toward any port under French control.  This was in response to the recent seizures of American vessels in the French West Indies.  But trade with the French West Indies was very lucrative, and American merchants ignored the ban.  Instead they decided to retaliate by working together to construct their own warships that would protect American property at sea. This protection should have come from the U.S. Navy, but the the navy in 1798 had no real fighting force.   Construction of just three ships had been completed, the Constellation, Untied States, and the Constitution, but none of them were ready for active service yet. So American citizens had to step up on their own. 

Rather than fight the people, Adams capitalized on their ingenuity.  On June 30, 1798 President Adams signed "An act to provide an additional armament for the further protection of the trade of the United States, and for other purposes."   This act effectively authorized the government to accept any armed vessel from a private citizen and to compensate that citizen with government "certificates" that yielded 6 percent interest.   The U.S. government and American private merchants had struck a deal.  The initial result of this deal, were nine privately funded warships.  4 small or medium sized frigates, four sloops-of-war, and one large frigate (Philadelphia).   While these ships of war did not compare to the "super" frigates like the Constitution or even the 36-gun Constellation, they were crucial to the success in the Quasi-War with France.  These nine privately built ships were designed to be nimble and uncommonly fast, and were incredibly effective in dealing with the French privateers who had been seizing American merchant ships.

With the success of these warships, President Adams was able to speak boldly and announce to France that while America desired peace, they did not fear war.  It was now France's decision to accept Peace on American terms:
"They will respect the sacred rights of embassy; and with a sincere disposition on the part of France to desist from hostility, to make reparation for the injuries heretofore inflicted on our commerce, and to do justice in future, there will be no obstacle to the restoration of a friendly intercourse."
Adams continued to pledge to France and the world that with all "Executive authority" of the United States, he would adhere to the "humane and pacific" policy.   But, regardless of any ongoing negotiations, America was preparing for war. 
"In making to you this declaration I give a pledge to France and the world that the Executive authority of this country still adheres to the humane and pacific policy which has invariably governed its proceedings, in conformity with the wishes of the other branches of the Government and of the people of the United States. But considering the late manifestations of her policy toward foreign nations, I deem it a duty deliberately and solemnly to declare my opinion that whether we negotiate with her or not, vigorous preparations for war will be alike indispensable. These alone will give to us an equal treaty and insure its observance."
And, the source of this boldness, was the "effects of the small naval armament provided under the acts of the last session".
"Among the measures of preparation which appear expedient, I take the liberty to recall your attention to the naval establishment. The beneficial effects of the small naval armament provided under the acts of the last session are known and acknowledged. Perhaps no country ever experienced more sudden and remarkable advantages from any measure of policy than we have derived from the arming for our maritime protection and defense."
Nevertheless, the protection of American coasts and trade was the duty of the government.   America must now "lay the foundation for an increase of our Navy to a size sufficient to guard our coast and protect our trade".   The first step was to procure the materials (timber and other supplies).
"We ought without loss of time to lay the foundation for an increase of our Navy to a size sufficient to guard our coast and protect our trade. Such a naval force as it is doubtless in the power of the United States to create and maintain would also afford to them the best means of general defense by facilitating the safe transportation of troops and stores to every part of our extensive coast. To accomplish this important object, a prudent foresight requires that systematic measures be adopted for procuring at all times the requisite timber and other supplies. In what manner this shall be done I leave to your consideration."

http://www.presidency.ucsb.edu/ws/index.php?pid=29440
https://www.independent.org/pdf/tir/tir_12_01_06_sechrest.pdf
https://www.navycs.com/public-law/naval-add-1798.html
https://upload.wikimedia.org/wikipedia/commons/d/d8/Combat_naval_pendant_la_quasi_guerre.jpg



An Act to provide an additional Armament for the further protection of the trade of the United States; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall be, and he is hereby authorized and empowered, to cause to be built, purchased or hired, a number of vessels, not exceeding twelve, nor carrying more than twenty-two guns each, to be armed, fitted out and manned under his direction.

https://www.navycs.com/public-law/naval-add-1798.html

1798 John Adams - 'An Act of the relief of sick and disabled seamen'




In the summer 1798, 5000 people died of Yellow Fever across the cities of New York, Philadelphia, and Boston.  Yellow Fever had become an annual epidemic and various state legislatures began to take action.   In 1798, the New York state legislature gave the city of New York authority to pass health regulations in response to the epidemic that killed 1600 people in their own town.   Other states and cities were following their lead.  It was widely believed at the time that the disease was brought by seamen and immigrants to East Coast cities.  Commerce on the seas was critically important to the United States  and public health was considered to be the responsibility of the federal government.  Earlier that year, in July of 1798 President Adams signed 'An Act of the relief of sick and disabled seamen' passed by the 5th Congress.  This act authorized a deduction of twenty cents per month from the wages of seamen, for the sole purpose of funding medical care for sick and disabled seamen.  Now, in December of 1798 President John Adams began his state of the union address with a call on congress to "to examine the expediency of establishing suitable regulations in aid of the health laws of the respective States".
"But when we reflect that this fatal disorder has within a few years made repeated ravages in some of our principal sea ports, and with increased malignancy, and when we consider the magnitude of the evils arising from the interruption of public and private business, whereby the national interests are deeply affected, I think it my duty to invite the Legislature of the Union to examine the expediency of establishing suitable regulations in aid of the health laws of the respective States; for these being formed on the idea that contagious sickness may be communicated through the channels of commerce, there seems to be a necessity that Congress, who alone can regulate trade, should frame a system which, while it may tend to preserve the general health, may be compatible with the interests of commerce and the safety of the revenue."
Congress seems to have taken these words to mean, that the 'relief of sick and disabled seamen' was to be expanded to include all officers, seamen and marines of the United States Navy.  In February 1799, Congress passed 'An act in addition to "An act for the relief of sick and disabled seamen."   This act directed that 20 cents per month be taken out of every officer, seamen and marine in the Navy and these men shall receive the same benefits and advantages as those mentioned in the original act.  At the same time, Congress passed 'An act establishing Navy hospitals".   This act allowed the monies collected from the seamen for the procurement and erection of hospitals.

Some people point to these acts as the first attempt of the Federal government to establish a National Health-care plan.  First it established the Marine Hospital Service as an organization of Hospitals dedicated to the care of ill and disabled seamen both within the U.S. Navy and private industry.  Secondly, these hospital services were paid for by a mandatory tax on the seamen at 20 cents per month, or about one percent of the sailor's wages.  But, this was not an "individual mandate" requiring every citizen to purchase a product.  Rather it was a tax on a certain class of people who chose to join the Merchant marine in a highly dangerous time on the seas.   The focus was on the safety of the nation and the preservation of commerce, rather than on the health and welfare of individual citizens. 

http://www.presidency.ucsb.edu/ws/index.php?pid=29440
Health Care Regulation in America:  Complexity Confrontation, and Compromise by Philadelphia Robert, page 142
https://en.wikipedia.org/wiki/An_Act_for_the_relief_of_sick_and_disabled_seamen
http://www.usphs.gov/aboutus/history.aspx
Laws Pertaining to the Public Health Service (Public Health Reports:  Supplement) page 4
https://books.google.com/books?id=WSU-AQAAMAAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false
http://www.forbes.com/sites/rickungar/2011/01/17/congress-passes-socialized-medicine-and-mandates-health-insurance-in-1798/#6f4574f165cd
http://www.themainewire.com/2012/01/op-ed-sun-journal-editorial-board-dont-history/

1797 John Adams - Consuls and the Protection of American Sea Men



America's cotton industry was growing and the demand for exports was becoming a driving force in the economy of our 21 year old nation.  One of the major goals of the Adam's administration was protecting American commerce and the Yankee sea men who navigated the treacherous waters to transport the cotton to Great Britain, France and Spain.  President John Adams knew that the sea men needed to know that their country would defend not only their investments, but their lives.  America had to provide them with a guarantee for the risks they were taking.  This required two actions.  First, America had to work closely with Spain, France and Great Britain to ensure that the private citizens were re-payed for the loss of property and income during the previous years of war.  Both the Jay Treaty with Great Britain and Pinkney' treaty with Spain included articles that allowed for merchant sea men to recover losses.    This was of great importance to the President and he wrote at length about it in his first annual address to Congress.  First he was happy to announce that with accord to the seventh article of the Jay treaty (see below), payments were made by the British government to American citizens for losses of "irregular and illegal captures". 
"Several decisions on the claims of citizens of the United States for losses and damages sustained by reason of irregular and illegal captures or condemnations of their vessels or other property have been made by the commissioners in London conformably to the 7th article of the treaty. The sums awarded by the commissioners have been paid by the British Government. A considerable number of other claims, where costs and damages, and not captured property, were the only objects in question, have been decided by arbitration, and the sums awarded to the citizens of the United States have also been paid." 
Then, Adams turned his attention to Spain and the 21st article of Pinkney's treaty (see below).  Claims had been made by American citizens but unfortunately there was a delay due to the war between Spain and France.    Again, Adams was happy to announce now that the war had subsided, meetings with commissioner's of Spain and the United states could resume.
"The commissioners appointed agreeably to the 21st article of our treaty with Spain met at Philadelphia in the summer past to examine and decide on the claims of our citizens for losses they have sustained in consequence of their vessels and cargoes having been taken by the subjects of His Catholic Majesty during the late war between Spain and France. Their sittings have been interrupted, but are now resumed."
After a few words about the role of foreign consulate offices in the disbursement of these claims, President Adams announced his wish to take additional actions to protect the sea men.  He wanted to protect not only the business men who owned and operated the vessels, but the sea men themselves.   When the vessels were captured, many sea men were stranded in foreign countries without any means to support themselves.  Many were ill and suffering.  They had no where to turn, but to the consuls.  In many cases, the consulate officers provided their own money to provide relief, and the President suggested that with all reason they expected to be reimbursed.   Unfortunately, the current laws on the book regarding the consuls provided only a modest salary, and very little funds to provide relief.   President Adams urged Congress to revise the and amend the consular act so that support in foreign countries would be both adequate and effective in the support in the relief of American merchant men.
"The numerous captures of American vessels by the cruisers of the French Republic and of some by those of Spain have occasioned considerable expenses in making and supporting the claims of our citizens before their tribunals. The sums required for this purpose have in divers instances been disbursed by the consuls of the United States. By means of the same captures great numbers of our sea men have been thrown ashore in foreign countries, destitute of all means of subsistence, and the sick in particular have been exposed to grievous sufferings. The consuls have in these cases also advanced moneys for their relief. For these advances they reasonably expect reimbursements from the United States.

The consular act relative to sea men requires revision and amendment. The provisions for their support in foreign countries and for their return are found to be inadequate and ineffectual."
John Adams did get his wish. On April 18, 1798, Congress approved "An Act authorizing an expenditure, and making an appropriation for the reimbursement of monies advanced by the Consuls of the United States, in certain cases."  Section 1 as written authorized the reimbursements to the consuls.

Secretary of State authorized to reimburse advances made by the consuls.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State be, and hereby is authorized, under the direction of the President of the United States, to reimburse such reasonable advances of money as have been made, or, during the present year, shall be made by the consuls of the United States, in making and supporting the claims of American citizens to captured property, before the tribunals of foreign countries; or for the relief of sick and destitute seamen in foreign countries, beyond the sum already allowed by law for that purpose.Sec. 2. $30,000 appropriated.And be it further enacted, That for the purposes aforesaid, there be, and hereby is appropriated, a sum not exceeding thirty thousand dollars, which shall be paid from any monies which may be in the treasury, not otherwise appropriated.

Shown in the picture, is the the Consulate office of Barcelona. On December 29, 1797 President Adams named a New England sea captain, William Willis to be the first U.S. consul to Barcelona

http://www.presidency.ucsb.edu/ws/index.php?pid=29439
http://barcelona.usconsulate.gov/about-us.html


Jay's Treaty ARTICLE 7

Whereas Complaints have been made by divers Merchants and others, Citizens of the United States, that during the course of the War in which His Majesty is now engaged they have sustained considerable losses and damage by reason of irregular or illegal Captures or Condemnations of their vessels and other property under Colour of authority or Commissions from His Majesty, and that from various Circumstances belonging to the said Cases adequate Compensation for the losses and damages so sustained cannot now be actually obtained, had and received by the ordinary Course of Judicial proceedings; It is agreed that in all such Cases where adequate Compensation cannot for whatever reason be now actually obtained, had and received by the said Merchants and others in the ordinary course of Justice, full and Complete Compensation for the same will be made by the British Government to the said Complainants. But it is distinctly understood, that this provision is not to extend to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the Claimant. That for the purpose of ascertaining the amount of any such losses and damages Five Commissioners shall be appointed and authorized to act in London exactly in the manner directed with respect to those mentioned in the preceding Article, and after having taken the same Oath or Affirmation (mutatis mutandis). The same term of Eighteen Months is also assigned for the reception of Claims, and they are in like manner authorised to extend the same in particular Cases. They shall receive Testimony, Books, Papers and Evidence in the same latitude, and exercise the like discretion, and powers respecting that subject, and shall decide the Claims in question, according to the merits of the several Cases, and to Justice Equity and the Laws of Nations. The award of the said Commissioners or any such three of them as aforesaid, shall in all Cases be final and conclusive both as to the Justice of the Claim and the amount of the Sum to be paid to the Claimant; and His Britannick Majesty undertakes to cause the same to be paid to such Claimant in Specie, without any Deduction, at such place or places, and at such Time or Times as shall be awarded by the said Commissioners and on Condition of such releases or assignments to be given by the Claimant, as by the said Commissioners may be directed. And whereas certain merchants and others, His Majesty's Subjects, complain that in the course of the war they have sustained Loss and Damage by reason of the Capture of their Vessels and Merchandize taken within the Limits and Jurisdiction of the States, and brought into the Ports of the same, or taken by Vessels originally armed in Ports of the said States:

It is agreed that in all such cases where Restitution shall not have been made agreeably to the tenor of the letter from Mr. Jefferson to Mr. Hammond dated at Philadelphia September 5th 1793. A Copy of which is annexed to this Treaty, the Complaints of the parties shall be, and hereby are referred to the Commissioners to be appointed by virtue of this article, who are hereby authorized and required to proceed in the like manner relative to these as to the other Cases committed to them, and the United States undertake to pay to the Complainants or Claimants in specie without deduction the amount of such Sums as shall be awarded to them respectively by the said Commissioners and at the times and places which in such awards shall be specified, and on Condition of such Releases or assignments to be given by the Claimants as in the said awards may be directed: And it is further agreed that not only to be now existing Cases of both descriptions, but also all such as shall exist at the Time, of exchanging the Ratifications of this Treaty shall be considered as being within the provisions intent and meaning of this article.


http://avalon.law.yale.edu/18th_century/jay.asp

Pinkney's Treaty ARTICLE 21.

In order to terminate all differences on account of the losses sustained by the Citizens of the United States in consequence of their vessels and cargoes having been taken by the Subjects of his Catholic Majesty during the late war between Spain and France, it is agreed that all such cases shall be referred to the final decision of Commissioners to be appointed in the following manner.

His Catholic Majesty shall name one Commissioner, and the President of the United States by and with the advice and consent of their Senate shall appoint another, and the said two Commissioners shall agree on the choice of a third, or if they cannot agree so they shall each propose one person, and of the two names so proposed one shall be drawn by lot in the presence of the two original Commissioners, and the person whose name shall be so drawn shall be the third Commissioner, and the three Commissioners so appointed shall be sworn impartially to examine and decide the claims in question according to the merits of the several cases, and to justice, equity, and the laws of Nations. The said Commissioners shall meet and sit at Philadelphia and in the case of the death, sickness, or necessary absence of any such commissioner his place shall be supplied in the same manner as he was first appointed, and the new Commissioner shall take the same oaths, and do the same duties. They shall receive all complaints and applications, authorized by this article during eighteen months from the day on which they shall assemble. They shall have power to examine all such persons as come before them on oath or affirmation touching the complaints in question, and also to receive in
evidence all written testimony authenticated in such manner as they shall think proper to require or admit. The award of the said Commissioners or any two of them shall be final and conclusive both as to the justice of the claim and the amount of the sum to be paid to the claimants; and his Catholic Majesty undertakes to cause the same to be paid in specie without deduction, at such times and Places and under such conditions as shall be awarded by the said Commissioners. 


http://avalon.law.yale.edu/18th_century/sp1795.asp

1797 John Adams - Chicasaw and Choctaw Nations



In 1796, under George Washington Pinckney's treaty was signed with Spain defining the southern boundary of the United States with the Spanish colonies of East Florida and West Florida.   The treaty also set the Western boundary between the United Sates and the Spanish Colony of Louisiana.  This put the lands of the Chickasaw and Choctaw Nations of American Indians within the new boundaries of the United States. Both the Chickasaw and the Choctaw Nations were on friendly terms with the Untied States.  During the revolutionary war, the Chickasaw fought as allies of the United States against the Indians of the old Northwest Territory and helped to defeat the Shawnee in the Battle of Fallen Timbers.   In 1786, the Chickasaw signed the Treaty of Hopewell with the United States to establish peace and friendship as written "The hatchet shall be forever buried".    The Choctaw also supported the United States during the great war, but they were a more diverse groups of people whose alliances differed by region.  They had alliances with the French on the Gulf Coast, the English on the Southeast and the Spanish of Florida and Louisiana.  The Choctaw also signed the Treaty of Hopewell. 

Then, in the years after the war, and prior to 1796, Spain had been supplying the Chickasaw and Choctaw tribes with weapons and secretly fomenting acts of hostility against the United States.  As part of the Pinckney treaty, both United States and Spain agreed not to incite the native tribes to warfare against either country.  But now, in 1797 President John Adams had received word that there was evidence that Spain was once again inciting the Chickasaw and Choctaw tribes to hostility against the United States.  President Adams, wrote that there were "attempts of foreign agents to alienate the affections of the Indian nations and to excite them to actual hostilities against the United States".   Furthermore, activities had been undertaken by these foreign agents to stir up the Indian tribes residing within United States territory to form a confederation and prepare for war against the United States.  Actions had been taken to "counteract these infractions of our rights, to prevent Indian hostilities, and to preserve entire their attachment to the United States", but Adams wanted a law that would provide adequate punishment to prevent this from happening again.
"In connection with this unpleasant state of things on our western frontier it is proper for me to mention the attempts of foreign agents to alienate the affections of the Indian nations and to excite them to actual hostilities against the United States. Great activity has been exerted by those persons who have insinuated themselves among the Indian tribes residing within the territory of the United States to influence them to transfer their affections and force to a foreign nation, to form them into a confederacy, and prepare them for war against the United States. Although measures have been taken to counteract these infractions of our rights, to prevent Indian hostilities, and to preserve entire their attachment to the United States, it is my duty to observe that to give a better effect to these measures and to obviate the consequences of a repetition of such practices a law providing adequate punishment for such offenses may be necessary."
I could not find any laws passed that provided specific punishment against influencing Indian nations to "transfer their affections and force to a foreign", but in 1798 John Adams did pass the Alien and Sedition Acts.  Among other things, these acts authorized the president to imprison or deport aliens "considered dangerous to the peace and safety of the United States".   While the general consensus is that the  unrest in Europe and the undeclared war with France (Quasi War) was the impetus for the Alien and Sedition Act, John Adam's words here point to other lesser known concerns that may have also played a role.

Trail of Tears

Unfortunately, this has a sad ending for both the Chickasaw and the Choctaw Indians.  Under  President Andrew Jackson, Congress passed the Indian Removal Act of 1830.   This act authorized the government to extinguish Native American title to lands in the Southeast.  In 1831, the Choctaw became the first Nation to be removed, followed by the Creek removal in 1834, and the Chickasaw in 1837.  And finally the Cherokee in 1838.  

https://en.wikipedia.org/wiki/Pinckney's_Treaty
https://en.wikipedia.org/wiki/Chickasaw
http://wardepartmentpapers.org/document.php?id=23643
https://www.loc.gov/rr/program/bib/ourdocs/Alien.html
https://upload.wikimedia.org/wikipedia/commons/7/70/Choctaw_Village_by_Francois_Bernard.jpg




1797 John Adams - Protecting American Commerce



In 1794, Eli Whitney patented the cotton gin and transformed the American South into the world's first agricultural power house and according to many historians started the industrial revolution.   The cotton gin used a brush-like instrument to separate out the seeds and cotton.  Whitney's cotton gin was capable of cleaning 50 pounds of lint per day.   Cotton became a tremendously profitable business for the South and cities like New Orleans, Mobil, Charleston and Galveston became major shipping ports.  By 1860, the Southern states provided two-thirds of the world's cotton.  

Just a few years earlier, Samuel Slater an early English-American industrialist brought British textile technology to the United States.  Working with Rhode Island industrialists, Slater created the first successful water-powered roller spinning textile mill in America.  Then in 1794, using the patented cotton gin of Eli Whitney, Slater opened a new 72-spindle mill for the sole purpose of textile manufacture.  The new cotton mill allowed for the cultivation of short-staple cotton which could be grown in the interior uplands.   This dramatically expanded the cultivation of the cotton throughout the deep south.   New England mills and southern cotton along with other industries such as fishing and the arts promised to bring great wealth to the United States.  But unrest in Europe, especially related to the French revolution put American commerce at risk.   President John Adams, like his predecessor Washington was working hard to protect American industry, by establishing treaties with Great Britain, France and Spain.  

In his first annual address, sandwiched in between comments about negotiations with France and Spain, was John Adam's testimony to the importance of commerce to the United States. In Adam's words, "The commerce of the United States is essential, if not to their existence, at least to their comfort, their growth, prosperity, and happiness', and every every effort to protect it should be made.

"The commerce of the United States is essential, if not to their existence, at least to their comfort, their growth, prosperity, and happiness. The genius, character, and habits of the people are highly commercial. Their cities have been formed and exist upon commerce. Our agriculture, fisheries, arts, and manufactures are connected with and depend upon it. In short, commerce has made this country what it is, and it can not be destroyed or neglected without involving the people in poverty and distress. Great numbers are directly and solely supported by navigation. The faith of society is pledged for the preservation of the rights of commercial and sea faring no less than of the other citizens. Under this view of our affairs, I should hold myself guilty of a neglect of duty if I forbore to recommend that we should make every exertion to protect our commerce and to place our country in a suitable posture of defense as the only sure means of preserving both."

http://www.presidency.ucsb.edu/ws/index.php?pid=29439
https://en.wikipedia.org/wiki/Cotton_gin
https://en.wikipedia.org/wiki/Samuel_Slater
http://courses.missouristate.edu/bobmiller/HST/HST523/textil1.jpg
https://upload.wikimedia.org/wikipedia/commons/thumb/b/b9/Power_loom_weaving._Wellcome_L0011293.jpg/1024px-Power_loom_weaving._Wellcome_L0011293.jpg

Related Topics

Jay  Treaty
Pinckney's Treaty
Seizure of American Ships in the French West Indies
XYZ Affair


1797 John Adams - XYZ Affair



In July of 1797 President John Adams sent American diplomats of Charles Cotesworth Pinckney, John Marshall, and Elbridge Gerry, were sent to France to negotiate problems that were threatening to break out into war.  Finally on October 28, Tallyrand unofficially met with Elbridge Gerry, but discussions went nowhere.  The American diplomats refused, while the French threatened them with the wrath of French Power.

In his first state of the union address, John Adams described "our envoys extraordinary to the French Republic".   It was now November 22, 3 weeks after the bribes were demanded.  News did travel slow in those days, so perhaps Adams had not yet received word of Tallyrand's demands.   Or perhaps, politics back then were no different than politics today, the president will portray a sense of optimism and avoid speaking of the obvious breakdown of foreign policy.   At any rate, John Adams told Congress that he had full trust in the "successful conclusion" of the negotiations .   Of course, he added that it would be on "equitable terms as may be compatible with the safety, honor and interest of the United States".   America was not going to bribe France to maintain peace.   Yes, Adams was responding with honor, but also America just now beginning to flex it's muscle. With a peace treaty with Great Britain on our side and the French Revolution on theirs,  President Adams knew we had "resources for national defense which a beneficent Providence has kindly placed within their power."
"Our envoys extraordinary to the French Republic embarked - one in July, the other in August - to join their colleague in Holland. I have received intelligence of the arrival of both of them in Holland, from whence they all proceeded on their journeys to Paris within a few days of the 19th of September. Whatever may be the result of this mission, I trust that nothing will have been omitted on my part to conduct the negotiation to a successful conclusion, on such equitable terms as may be compatible with the safety, honor and interest of the United States. nothing, in the mean time, will contribute so much to the preservation of peace and the attainment of justice as manifestation of that energy and unanimity of which on many former occasions the people of the United States have given such memorable proofs, and the exertion of those resources for national defense which a beneficent Providence has kindly placed within [America's] power."
Nevertheless, Adams did acknowledge that there were some issues with the negotiation, and admitted that peace with France was not on the immediate horizon.  Adams suggested that society had lost its sense of morality and religious obligations, public faith an national honor.   The world had been taken over by pride, ambition and violence so much that America could no longer expect safe commerce without proper protection.   Perhaps, President John Adams did learn of the French Foreign Minister's demands.  Perhaps, he just refused to recognize them.  It may not have been politics after all, but hard ball foreign policy.  For, the president of the United States just called out the French for lacking all sense of morality and national honor.   
"Indeed, whatever may be the issue of the negotiation with France, and whether the war in Europe is or is not to continue, I hold it most certain that permanent tranquillity and order will not soon be obtained. The state of society has so long been disturbed, the sense of moral and religious obligations so much weakened, public faith and national honor have been so impaired, respect to treaties has been so diminished, and the law of nations has lost so much of its force, while pride, ambition, avarice and violence have been so long unrestrained, there remains no reasonable ground on which to raise an expectation that a commerce without protection or defense will not be plundered."
http://www.presidency.ucsb.edu/ws/index.php?pid=29439
https://en.wikipedia.org/wiki/XYZ_Affair
https://www.monticello.org/site/research-and-collections/xyz-affair
https://upload.wikimedia.org/wikipedia/commons/e/ef/Property_protected_%C3%A0_la_fran%C3%A7oise.jpg

1797 John Adams - Yellow Fever Epidemic Returns to Philadelphia

 
In 1793, the Yellow Fever Epidemic hit Philadelphia, and by late summer, 5000 people or 10% of the cities population had fallen victim to the disease.  In response to the epidemic 20,000 people, almost half the population fled the city.  Although some cities had sent financial aid to Philadelphia, other neighboring towns refused to let refugees from Philadelphia into their towns because there was great fear that they were carrying the fever.  At that time, Philadelphia was home for the President and Congress as construction was just beginning on the new capital. During the epidemic, President Washington and his cabinet continued to meet until September, but Congress had left earlier in June.   There was nothing the Federal government could do, they had no authority to act.  This was not a state issue either.   The Governor became ill and was advised by his doctor to leave, while the state legislature cut short it's session in September when they a dead body was found on the steps of the State house.   Responsibility fell to the mayor who organized the city's response to the epidemic.  Without the majority of the Common Council who also fled,  Mayor Matthew Clarkson summoned fellow citizens and formed a committee to organize and address the crisis.   They rapidly improved hospital operations, created additional make-shift hospitals, hired more nurses and looked for new treatments.   Despite all of their efforts the mortality rates at the hospitals remained high.  Almost 50% of those admitted died.  Finally in October with cooler weathers, the epidemic began to abate.  Businesses began to reopen, and many families returned.   The wharves were once a gain alive with goods arriving from London-based shipping merchants.   The epidemic was finally taking a reprieve, but unfortunately in 1797 it returned.

Today, we know that the source of the disease were mosquitoes.  It was in the late 19th century that American that American doctors first identified the source.  In 1880's experiments of the US Medical Army Corps under the direction of Dr. Walter Reed confirmed theories that the Yellow Fever disease was caused by mosquito bites.   And sure enough, records showed that one of the Doctors, Benjamin Rush ad written that "Mosquitoes (the usual attendants of a sickly autumn) were uncommonly numerous...".   These mosquitoes almost destroyed Philadelphia, and it was these mosquitoes that helped to guarantee that the U.S. capital would not become permanently based in Philadelphia.   Just several years earlier, in 1790, the Residence act placed the new capital in Washington D.C.  It was a compromise between the North and the South, and as part of the compromise, the capital would be in temporarily placed in Philadelphia.   During the initial years after the deal was made, the people of Philadelphia lobbied hard for the capital to stay in Pennsylvania; as an incentive they offered both Washington and Hamilton an elaborate mansion to live in. Both refused.  But in 1797, it was the return of the Yellow Fever Epidemic that sealed the deal and raised great doubts about the safety of the area.  In fact, in his first state of the union in 1797,  President John Adams shared his sense of relief that an emergency relocation of the National Legislature was avoided.  Relocating the National Legislature would be an "occasion [with] much public inconvenience and a considerable public expense".   As the cooler weather returned to Philadelphia, John Adams now felt that it was safe again for Congress to call Congress to meet again in Philadelphia.   Safe for now, but the damage was done.  The lobbying efforts to keep the capital in Philadelphia permanently was dead.   President Adams began his first state of the union with these words. 
"I was for some time apprehensive that it would be necessary, on account of the contagious sickness which afflicted the city of Philadelphia, to convene the National Legislature at some other place. This measure it was desirable to avoid, because it would occasion much public inconvenience and a considerable public expense and add to the calamities of the inhabitants of this city, whose sufferings must have excited the sympathy of all their fellow citizens. Therefore, after taking measures to ascertain the state and decline of the sickness, I postponed my determination, having hopes, now happily realized, that, without hazard to the lives or health of the members, Congress might assemble at this place, where it was next by law to meet. I submit, however, to your consideration whether a power to postpone the meeting of Congress, without passing the time fixed by the Constitution upon such occasions, would not be a useful amendment to the law of 1794."

That last line is a bit of a puzzle.  I could find no 1794 law that defined the power of the President to postpone the meeting of Congress.  Article II section 3 of the constitution does give the president powers to convene congress and  to "adjourn them to such time as he shall think proper", but I could not find anything specific to the year 1794.  

Article II Section 3. 
He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

About all I could find that in 1794, as Vice President John Adams expressed great anger about senators who "retired to the lobby" during a vote on the Jay Treaty with Great Britain.   Adams described their action as the "greatest curiosity of all".  But under the existing rules, Adams, nor the president lacked the specific authority to compel senators' attendance. Perhaps there is some connection here, but I will have to dig some more for it.

http://www.presidency.ucsb.edu/ws/index.php?pid=29439
https://en.wikipedia.org/wiki/1793_Philadelphia_yellow_fever_epidemichttp://blog.constitutioncenter.org/2015/05/how-philly-lost-the-nations-capital-to-washington/
The Senate 1789-1989:  addresses on the history of the United States. page 282
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https://mowryjournal.files.wordpress.com/2013/04/adams-john.jpg