Aftermath

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The Constitution was slightly over twelve years old. The rules on presidential elections read precisely on paper, and in 1800 the front runner, Thomas Jefferson looked to enter the White House with ease. However, though designed by the best minds of that era, the flaws built into the Electoral College failed to deliver Jefferson his expected victory. Something had gone terribly awry triggering America’s first electoral crisis. 

New York Republican, Aaron Burr was chosen as Jefferson’s running mate. The thinking was to balance the ticket with a Virginian at the top, and a New Yorker in the second spot drawing Northern votes. Thus the stage was set for a painless triumph over the faltering Federalist Party. However, when the electoral votes were tallied as prescribed by Article 2, the running mates unexpectedly tied for the top spot.

The fault lay in the statute itself, by failing to anticipate such a scenario. Jefferson soon grew furious as Burr passively declined to concede the office, and the tie was forced to the House of Representatives for resolution. In the end the stalemate broke when Alexander Hamilton intervened, persuading the hold-over Federalist majority to choose Jefferson as the lesser of the two evils. (One of the grievances leading to the later duel with Burr). But why?

This was personal. New Yorkers both, Hamilton and Burr had come to detest one another, Though no political friend of Jefferson, Hamilton recognized a fellow patriot, despite deeply held differences. Burr, however was only interested in Burr. Hamilton’s intent was to protect the new nation, and block a scoundrel from assuming the highest office in the land.

Jefferson was sworn into office, and later, in 1804, the Constitution was modified with the Twelfth Amendment, rectifying the design flaws in the original document. 

Twenty years later, in 1824, another impasse materialized that touched off national outrage for decades. The shifting winds of political change found a champion in the person of General Andrew Jackson, the victor of the Battle of New Orleans. Old Hickory had built his reputation as a ruthless Indian fighter, slave holder, and conqueror of Spanish Florida. His feats were celebrated throughout the growing nation, and Jackson’s prospects for election seemed assured. But again, events proved otherwise.

When the Electoral Vote was counted Andrew Jackson had received 99 votes. New England’s John Quincy Adams, son of the Second President, had secured 84 electoral votes. William Crawford of Georgia, though quite ill, earned 41 votes, and lastly, the former Speaker of the House, Henry Clay, 37. The magic number in 1824 to claim victory was 130 votes, so the race was once more, referred to the House of Representatives. Still, Jackson clearly had been the choice of the people.

When John Quincy Adams was unexpectedly named President the public outcry was deafening. In defiance of the people, Henry Clay, the former Speaker used his considerable influence to place Quincy Adams in the White House. When Clay became Adams nominee for Secretary of State, cries of “Corrupt Bargain” blazed across the nation. A furious Andrew Jackson at once began his bid for the presidency in 1828.

Quincy and Clay were stunned. They took actions they believed were best for the nation. They saw the capricious Jackson as a danger to democracy, a man who demonstrated the tendencies of a despot. Still Adams was politically wounded, and the Administration did little of substance in the four years left to them. As for Henry Clay, he never fully restored his reputation.

Other questionable elections repeated through the years. In 1876 with the election of Ruther”fraud” B Hayes, and again in 2000 with the Bush V Gore “hanging chad” debacle.

Today America is dealing with another administration struggling for legitimacy. The Election of 2016 has left the American public uncertain that  their votes actually count. Russian interference, through social media, and electronic hacking was an exculpatory factor in the outcome. Sinister and new in electoral history, cyber espionage has given America a Chief Executive markedly sensitive to the dark subversion undermining his victory. 

Losing the popular vote by over 3 million ballots, the new president claims those votes were cast illegally, and demanded voting rolls from the states be turned over to a government committee for analysis. Nothing significant came of that effort, and questions continue to swirl around this fishy election cycle. 

Somewhere in the chaos the Russian government has reaped what it apparently wanted: domestic turmoil. A long-standing enemy of the United States, the former Soviet Union aims to re-elevate its international stature. What better way could objectives be met, than by hijacking an American election, causing enough confusion to find a sort of sweet revenge.

Deals have been brokered since the beginning of the Republic, but the players have been competing American interests. We may squabble our political beliefs among ourselves, but that is the messy nature of freedom. Now the arrangements appear to be negotiated by foreign players. This foreign interference cannot be repeated, we have future American generations to protect. 

Gail Chumbley is the author of the two-part memoir River of January, and River of January: Figure Eight.

Head and Heart

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“Believing with you that religion is a matter which lies solely between man & his god, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and state.” Thomas Jefferson, January 1, 1802

President Jefferson did not mince his words. He drew a clear distinction between what is personal and sacred, and what remained secular and public. History had taught Jefferson that invoking the Almighty usually ended in bloody holy wars, rendering effective civil government unworkable. Of all the founders, President Jefferson grasped the importance of detaching faith from law.

If you follow my blog you already know I’m not a big fan of Jefferson. His actions, as well as his writings on race alone, provide a legacy of duplicitous thinking. For example the practice of beating young slaves daily was of no matter to the master of Monticello. But on the issue of natural rights, his Lockean take on the social contract– Jefferson’s views ring with authority.

This morning the Idaho Legislature killed a bill in committee that would “Add the Words,” (protecting the LGBT community) to the Human Rights Act in Idaho. Following three days of impassioned testimony from supporters and detractors, HB2 fell in a 13-4 vote. A significant amount of testimony came from various churches on both sides of the issue. The fearful tended toward the shrill, impassioned by their emotions. One fellow, in particular, ranted that his wife shouldn’t have to share a public bathroom with a transgender individual. He was so riled up the committee chair admonished him to control himself. His answer, “Well Praise the Lord.”

Now the Gay community in Idaho didn’t seek this fight. These folks have done their best get along in society. The term ‘closeted’ comes to mind here. The threat of eviction, job termination, and outright violence has demanded a covenant of silence. However, over time, the preponderance of social, economic, and political mistreatment has galvanized this movement for simple justice. These citizens have had enough. They ask for equal protection under the law in explicit, measurable language to deter the countless harms endured, that were so eloquently enumerated in this week’s testimony.

As a student of American History I understand this disconnect between contending factions. We are a nation founded under the tenants of the Enlightenment. Jefferson actually lifted John Locke’s language when he described ‘natural rights’ which he articulated as ‘certain unalienable rights.’ And at the same time America is one of the most religious nations in the world. Always has been. The trick is remembering to separate these two competing voices of law and of faith. Even my debate students were taught to keep God out of the tournaments. Once invoked, the open exchange of ideas is over. God has spoken.

For the longevity of the American Creed, our law makers must use their heads when shaping legislation. When kneeling to pray, worship with all of your  heart. I do.

But please leave those competing, conflicting, diverse, religious convictions at the door of the halls of law. Contending voices achieve nothing but a counter productive cacophony of discord.

And next time . . . Add the Words.

Gail Chumbley is a retired history teacher and the author of the nonfiction work, River of January