Period 4: 1800 to 1848
The United States continued to develop its own democratic ideals, sparking debates about role of federal government, and leading to the formation of various political parties.
The U.S. Supreme Court established the principle that federal laws take precedence over state laws. Through Marbury v. Madison (1803), the Court also established the principle of judicial review, which allowed courts to check the power of the legislature and executive branches of government, further solidifying a “separation of powers.”
America developed a national culture, especially after the War of 1812, and various religious and social reform groups emerged. The temperance movement sought to ban alcohol. The abolition movement worked to end slavery and to assist African Americans. The women’s rights movement’s efforts culminated in the Seneca Falls Convention.
America underwent an economic and technological revolution. Major developments included the cotton gin, the steam engine, the factory system, and the expansion of railroads and canals. America moved away from a small subsistence-based economy and into an era of increasing industrialization, which impacted societal and family structures.
Expanding westward after the Louisiana Purchase, the United States sought to expand its borders and to be seen as a major player in foreign trade. The Monroe Doctrine and military actions against American Indian tribes demonstrated the desire for more control in North America.
As new states joined the United States, the debate over slavery raged on. In an attempt to appease both the North and South, Henry Clay crafted the Missouri Compromise, resolving some tension for the next three decades
The Election of Thomas Jefferson
Federalists: Supported an orderly, efficient central government that could protect their economic status; these well-organized leaders often wielded significant political control. Members included George Washington, Benjamin Franklin, and Alexander Hamilton. An early political party. See: Anti-Federalists, Alien and Sedition Acts.
Thomas Jefferson: Third President. Served 1801–1809. Authored the Declaration of the Independence. He led the U.S. through the Tripolitanian War and avoided involvement in the Napoleonic Wars. In some cases, Jefferson adhered to the letter of the Constitution, while at other times (such as with the Louisiana Purchase) he adopted a loose interpretation. For example, he kept many of the hallmarks of the Federalist Era intact (such as Hamilton’s economic system), but he had the citizenship requirement of the Alien Act reduced to five years and abolished the excise tax.
Electoral College: A name for the group of electors that decides who the president and vice-president will be. Whichever candidate receives the majority of electoral votes wins. If no candidate receives a majority, the presidential election is thrown to the House. The Senate elects the vice president. It is possible to win the electoral college but lose the popular vote; this scenario has happened on five occasions: 1824, 1876, 1888, 2000, and 2016. The Electoral College was modified by the Twelfth Amendment.
Democratic-Republicans: One of the first political parties in the United States. They opposed the Federalist Party. They supported states’ rights and favored agrarianism. Members included Thomas Jefferson, James Monroe, and Aaron Burr. Following the party’s fragmentation during the Era of Good Feelings, a faction led by Andrew Jackson became dominant. That faction formed the Democratic Party, which still exists. See: Anti-Federalist.
Aaron Burr: Third Vice President (1801–1805). Served during Thomas Jefferson’s first term. Famously killed Alexander Hamilton in an 1804 duel. Tried but acquitted on charges of treason in 1807 over allegations he conspired with foreign agents to overthrow Spanish rule in what became the American Southwest, in order to establish a new nation with himself as ruler.
Alexander Hamilton: Founding Father and co-author of the Federalist Papers. Split the Federalist ticket in the Election of 1800, weakening then-President John Adams enough to allow Thomas Jefferson to win. In an 1804 duel, he was shot and killed by Vice President Aaron Burr.
Louisiana Territory: In 1803, Jefferson offered France $10 million for New Orleans and a strip of land that extended to Florida. However, Napoleon had abandoned his dream of an American empire because of his failure to stop a slave uprising in Haiti; he instead prioritized raising revenue to fund his conquest of Europe. He offered the entire Louisiana Territory, which stretched from the Gulf of Mexico to the Hudson Bay, and from the Mississippi River to the Rocky Mountains, for the bargain price of $15 million. Jefferson, while torn over the fact that the Constitution did not specifically provide for the president to negotiate for and purchase land from a foreign power, reluctantly accepted the proposal in order to safeguard national security.
Pinckney’s Treaty: The United States had enjoyed the right of deposit at the Port of New Orleans under this 1795 treaty with Spain, but in 1798 the Spanish revoked the treaty.
James Monroe: Fifth President. Served 1817–1825. A Virginian and Democratic-Republican, he helped secure the Louisiana Purchase. During the War of 1812, he served as both Secretary of State (1811–1817) and Secretary of War (1814–1815). The Era of Good Feelings largely overlaps with his presidency. He dealt with the Panic of 1819 and well as the Missouri Compromise. In 1823, he issued the Monroe Doctrine, a long-lasting foreign policy of the United States.
The Marshall Court
Judiciary Act of 1801: In a last-minute piece of legislation before the Congress was to be turned over to the majority Democratic-Republicans, the Federalists created 16 new judgeships. President John Adams worked through the nights of his last days in office, appointing so-called “midnight judges” who would serve on the bench during Jefferson’s administration. Incensed by the packing of Federalists into lifetime judicial appointments, Jefferson sought to keep these men from taking the bench. This led to the Marbury v. Madison ruling.
Midnight judges: Judges appointed at the very end of the Adams administration under the Judiciary Act of 1801. So-called because they were an attempt to pack the judicial branch with Federalist judges just before the Democratic-Republicans took power.
James Madison: Fourth President. Served 1809–1817. A Virginian and Democratic-Republican, he served as Jefferson’s Secretary of State (1801–1809) and help negotiate the Louisiana Purchase. He led the U.S. through the War of 1812. Due to the war’s difficulties, he shifted toward supporting a stronger centralized state, a re-chartered national bank, and various internal improvements. See: American System, Second Bank of the United States.
Judiciary Act of 1789: Established the structure of the Judiciary Branch, with the Supreme Court consisting of one presiding chief justice and five associate justices. It also provided for the establishment of 13 district courts and three circuit courts of appeal. See: Marbury v. Madison.
Supreme Court: The highest court in the judicial branch. In the present day, there are nine justices seated at it, with one of the nine serving as Chief Justice, although this number fluctuated in the early years of the United States. The president nominates a justice and the Senate votes on that nomination. If confirmed, the justice has a lifetime appointment, serving until their death or retirement. See: Judiciary Act of 1789, Marbury v. Madison
Marbury v. Madison: 1803 ruling stated Congress cannot pass laws that are contrary to the Constitution, and that it is the judicial system’s job to interpret what the Constitution permits. Overturned a clause in the Judiciary Act of 1789 that granted the Supreme Court the power to command any subordinate government authority to take or not take an action that is that authority’s legal duty. See: judicial review, separation of powers, William Marbury.
Samuel Chase: A Supreme Court justice. Served 1796–1811. The House impeached Chase owing to his highly Federalist partisan decisions. The Senate, however, refused to remove him because of the absence of any evidence of “high crimes and misdemeanors.” Thus, Jefferson’s attempt to push Federalist judges out of the system was unsuccessful, as most remained on the bench for life. The judges did tend to rule more to the president’s liking, however, once the threat of impeachment hung heavily over the judicial system. Nevertheless, this episode proved to be the last time that a Supreme Court justice would be impeached, maintaining the precious separation of powers between the legislative and judicial branches. See: midnight judges.
Jefferson’s Challenges
Twelfth Amendment: Ratified in 1804, it called for electors to the Electoral College to specify which ballot was being cast for the office of president and which was being cast for the office of vice president. In other words, the president and vice president were now elected as a unified ticket, rather than the vice president being the runner-up. The tie vote that occurred in 1800 between Jefferson and Burr would not happen again under this new amendment.
Essex Junto: A group of radical Federalists plotting for a New England state secession from the Union. They had originally asked Hamilton if he would run for governor of New York to join in their exploits. Hamilton refused the offer, so the group then asked Aaron Burr if he would run. Burr gladly accepted. Upon hearing the news, Hamilton leaped at the chance to crush Burr’s chances of election by leading the opposition faction. Wary of Burr for his association with the Democratic-Republicans, Federalists in New York chose not to elect Aaron Burr as governor. The plot then faded away, but the whole incident contributed to the fatal Hamilton-Burr duel.
John Randolph: Also known as John Randolph of Roanoke, he was a Virginia planter once counted among Jefferson’s supporters in the House. Randolph opposed President Jefferson’s abandonment of his once staunch advocacy for states’ rights, believing the man had essentially become a Federalist. In reaction, Randolph founded the Quids.
Quids: They were a conservative wing of the Democratic-Republican party that wished to restrict the role of the federal government. The Quids were founded in 1805 by John Randolph. See: Yazoo land scandal.
Yazoo land scandal: A real estate fraud case in Georgia during the mid-1790s. The Quids stated that President Jefferson’s decision to pay companies restitution for illegally obtained land in Georgia (the Yazoo land scandal) proved that he was corrupt. This scandal led to a schism within the Democratic-Republican party that continued to plague Jefferson in his second term.
USS Chesapeake: In 1807, the British ship Leopard fired upon the USS Chesapeake, right off the coast of Virginia. The attack killed three Americans, and the British then impressed four sailors from Chesapeake. Despite the war fever taking hold in America, President Jefferson sought a diplomatic resolution via economic sanctions. This led to the Embargo Act of 1807.
Embargo Act of 1807: Passed in response to British and French harassment of American shipping. However, this embargo mainly hurt the U.S. as neither nation was dependent on U.S. trade. Repealed in 1809 and replaced with the Non-Intercourse Act of 1809. The Embargo Act led to the Hartford Convention and the weakening of the U.S. ahead of the War of 1812.
Non-Intercourse Act of 1809: Replaced the unpopular Embargo Act of 1807. This law allowed the United States to trade with foreign nations except Britain and France. Like its predecessor, the Embargo Act, it was difficult to enforce and mostly ineffective.
Madison and European Issues
War hawks: The nickname for pro-war activists. Pro-peace activists are often termed doves. In the specific context of the early nineteenth century, it refers to politicians like Henry Clay from Kentucky and John Calhoun from South Carolina who insisted that the War of 1812 would finally clear Britain’s influence from North America.
Henry Clay: A statesman and orator from Kentucky, Clay was known as “The Great Compromiser” for brokering multiple deals over nullification and slavery. He was also a proponent of infrastructure development that he called the American System. Clay notably ran for president on several occasions but never won. See: Compromise of 1850, Great Triumvirate.
John Calhoun: A South Carolina politician and member of the Great Triumvirate. Calhoun was an ardent supporter of states’ rights, nullification, and slavery. Calhoun, who had served as Andrew Jackson’s vice president, resigned from that office to return to the Senate, where he felt he could better defend the virtues of nullification. From his deathbed, Calhoun wrote fierce attacks upon the proposed Compromise of 1850 and affirmed the right of secession.
Battle of Tippecanoe: A battle that took place in the Indiana Territory on November 7, 1811. American forces under the command of Governor William Henry Harrison battled Tecumseh’s Confederacy, an American Indian force of various tribes led by the Shawnee leader Tecumseh and his brother “The Prophet.” Harrison’s victory propelled him into the White House.
William Henry Harrison: Ninth President. Served from March 4 to April 4, 1841, famously dying after 31 days in office. A hero of the War of 1812, specifically the Battle of Tippecanoe, his lively campaign saw the Whigs cart model log cabins to towns and distribute hard cider to boast of Harrison’s “poor” background. His ticket easily defeated Van Buren in 1840. However, he gave his Inaugural Address on a cold, rainy day and neglected to wear a warm coat. See: John Tyler.
War of 1812: Often called “The Second War of Independence.” Fought 1812–1815. It is the U.S. term for the North American theater of the Napoleonic Wars. Tensions between the United States and Britain had been high since the attack on the USS Chesapeake. Following unsuccessful economic sanctions under the Jefferson administration, the Monroe administration was pressured into declaring war by Congressional War Hawks. The war went poorly, and nearly led to New England’s secession at the Hartford Convention. British forces burned the White House in August 1814. However, the United States managed not to lose territory before the Treaty of Ghent was signed, and the Battle of New Orleans reinvigorated U.S. morale.
Andrew Jackson: Seventh President. Served 1829–1837. He gained fame for his defense of New Orleans during the War of 1812, a rare outright U.S. victory in that conflict. Jackson advocated for the “common man” against established interests, and supported universal male suffrage for whites, nixing the existing property requirement that barred the poor from participating in democracy. He also pushed for a spoils system to reward supporters, opposed abolitionism, and killed the Second Bank of the United States. He forcefully quashed South Carolina during the Nullification Crisis. Jackson is infamous for creating the Trail of Tears. See: Tariff of 1832.
Treaty of Ghent: It ended the War of 1812, and was signed by American envoys and British diplomats in Belgium on December 24, 1814. The provisions of the treaty provided for the return of any conquered territories to their rightful owners, and the settlement of a boundary between Canada and the United States. Essentially, the war ended in a draw—neither side gained any major concessions, restitution, or apologies. Most Americans were pleased, however, because they had expected to lose territory. See: Battle of New Orleans, Hartford Convention.
Ideological Divides in the United States
Hartford Convention: During the winter of 1814–1815, a radical group of New England Federalists met at Hartford, Connecticut to discuss ways to demand that the federal government pay them for the loss of trade due to the Embargo Act and the War of 1812. The group also proposed amending the Constitution to: limit the U.S. President to one term; require a two-thirds vote to enact an embargo, declare war, and admit new states; and repeal the Three-Fifths Compromise. Some even suggested secession. However, news of the war’s end and Jackson’s victory at New Orleans swept the nation, resulting in the Federalists being labeled unpatriotic and leading to their party’s demise.
James Tallmadge: New York senator. He proposed an amendment to Missouri’s bid for statehood. After the admission of Missouri as a state, the Tallmadge Amendment would not have allowed any more slaves to be brought into the state and would have provided for the emancipation of the children of Missouri slaves at the age of 25 years. Southerners were outraged by this abolition attempt and crushed the amendment in the Senate. This led to the Missouri Compromise.
Missouri Compromise: Proposed by Henry Clay of Kentucky, it constituted three bills which collectively allowed for the admission of Missouri as a slave state while also admitting Maine as a free state. This would maintain the balance of power in the Senate. In addition, slavery would not be permitted in states admitted above the latitude 36 ̊30’ (with the exception of Missouri, which lay above the line). Clay’s compromise was accepted by both North and South and lasted for 34 years, earning him the title “the Great Compromiser.” Functionally repealed by Kansas-Nebraska Act, but not officially overturned until the Dred Scott v. Sandford ruling declared it was unconstitutional.
Monroe and the Era of Good Feelings
Era of Good Feelings: A period of national unity, it began with the close of the War of 1812 and ended in the 1820s. It saw the collapse of the Federalist Party and a decline in partisanship. It was followed by a revival of partisan bickering between the Jacksonian Democrats and the Whigs.
John Quincy Adams: Sixth President. Served from 1825–1829. Son of John Adams. In his lifetime, JQA was a member of basically every major political party at some point. He was elected after striking a deal with Henry Clay in the disputed 1824 election. Following his presidency, JQA was elected to the House in 1830, and served until his death in 1848. He became increasingly opposed to slavery, even arguing before the Supreme Court in 1841 on behalf of African slaves in the Amistad case, winning them their freedom. He criticized the Mexican-American War.
Monroe Doctrine: Proposed by President Monroe in his annual address to Congress in 1823, it quickly became the basis of U.S. foreign policy in Latin America. The doctrine called for “nonintervention” in Latin America and an end to European colonization. Though the U.S. did not actually have an strong enough military to defend the doctrine if necessary, it remained firm and adhered to the Doctrine throughout the nineteenth and twentieth centuries. See: Roosevelt Corollary.
Tariff of 1816: Because of a postwar upsurge in nationalism after the War of 1812, there was a strong desire to protect all things American, especially the burgeoning industrial economy. To prevent cheap British goods from flooding the market and injuring American manufacturing, Congress passed the Tariff of 1816, which imposed a 20 percent duty on all imported goods and became the first truly “protective tariff ” in American history. However, the passage of the tariff was unpopular in the South due to its export-oriented agricultural economy. The tariff was allowed to lapse in 1820. See: Panic of 1819.
Daniel Webster: U.S. senator from Massachusetts and Secretary of State under Harrison and Tyler. A Whig politician and member of the Great Triumvirate. During the debate over the Tariff of 1816, he complained that New England had not developed enough to withstand interruptions in its ability to trade freely with Britain. He opposed nullification. He often sought the presidency but never won. He resigned his Senate seat over the negative reception to his support for the Compromise of 1850.
American System: Proposed by Henry Clay of Kentucky, it sought to establish manufacturing and bring in much needed revenue for internal improvements throughout the country. It included the recharter of the Bank of the United States; protective tariffs, such as the one passed in 1816; and improvements on American infrastructure, such as turnpikes, roads, and canals. The South did not support the plan, as plantations (especially cotton ones) made their money on export. Internal improvements also required a stronger federal government, which potentially threatened the South’s control over their slave population.
Second Bank of the United States: A national bank, patterned on Alexander Hamilton’s design for the original. It existed from 1818–1824. The BUS was chartered by James Madison in 1816, as he felt the need to strengthen the central government after the problems encountered during the War of 1812. However, the bank contributed to the Panic of 1819, infuriating many and leading to Andrew Jackson’s successful effort to kill it. However, this act by Jackson would contribute to long-running instability in the American economy until the creation of the Federal Reserve System after the Panic of 1907.
The Rise of the Two-Party System
Rise of the Common Man: An aspect of what became the Jacksonian Democrats. By 1820, many states had adopted universal male suffrage for whites, eliminating the property-owning requirement to be able to vote. This era signaled a retreat from exclusive rule by the well-to-do and a shift to a more democratic society.
Democrats: During the Era of Good Feelings, the Democratic-Republicans fragmented. During the 1828 election, the Democrats supported Andrew Jackson and the National Republican faction supported Henry Clay. Jackson’s faction founded the modern Democratic Party. In this period, prior to the Civil War, the (Jacksonian) Democrats favored an agrarian economy, ending the national bank, lowering tariffs, and increasing the political power of the “common man,” such as through universal male suffrage for whites. They also supported states’ rights and federal restraint in social affairs.
National Republicans: A faction of the splintering Democratic-Republicans during the 1828 election. They supported Henry Clay and opposed Andrew Jackson. The National Republicans eventually became the Whig Party in 1836. Whig ideology was very similar to the platform of the old Federalist Party. See: Democrats.
Whig Party: The Whig Party was born out of opposition to Jacksonian Democrats. The Whigs favored economic nationalism, a strong central government, and rechartering the national bank. They believed in protectionist measures such as tariffs to support American industrialization. They also promoted Clay’s American System as a way to improve the roads, canals, and infrastructure of the country. The party collapsed over the question of slavery’s expansion into newly acquired territories.
Two-party system: The United States is noted for its enduring two-party system; the life cycle of which two parties are dominant is referred to as a Party System. There are five recognized party systems, although a Sixth Party System (starting in the late 1960s) is sometimes also listed.
McCulloch v. Maryland: An 1819 case that challenged the doctrine of federalism. It involved the state of Maryland attempting to collect a tax from the Second Bank of the United States. Marshall invoked the “necessary and proper” clause of the Constitution to rule that the federal government had an implied power to establish the bank. He also declared that the state had no right to tax a federal institution; he argued that “the power to tax was the power to destroy” and would signal the end of federalism. Most importantly, the ruling established that federal laws were the supreme law of the land, superseding state laws.
Specie Circular: A requirement instituted by the Jackson administration. The payment for the purchase of all federal lands had to be made in hard coin, or specie, rather than banknotes. Contributed to the Panic of 1837.
Panic of 1837: A financial crisis that lasted from 1837 until the mid 1840s. Caused, in part, by Andrew Jackson killing the Bank of the United States and issuing the Specie Circular, the latter of which caused the value of paper money to plummet.
Tariff of 1828: This tariff came about in response to New England merchants who had been pushing for stronger protection from foreign competitors. However, the new tariff was incredibly damaging to the southern economy, causing Vice President John C. Calhoun to secretly write “The Southern Carolina Exposition and Protest,” which threatened South Carolina’s secession. Calling the tariff the “Tariff of Abominations,” Calhoun recommended that the southern states declare it to be null and void (nuff liciation) if the federal government refused to lower the duty requirement. In an attempt to appease the South, Jackson signed into law the Tariff of 1832.
Tariff of 1832: It lowered the Tariff of 1828’s rate from 45 percent to 35 percent in a failed attempt to placate the South. Calhoun resigned from the vice presidency in response. South Carolina voted to nullify the Tariff of 1832 and threatened to secede if Jackson attempted to collect the duties by force. In response, Jackson encouraged Congress to lower tariffs even more. However, he also asked Congress to pass the Force Bill, which gave the president the power to use the military to collect tariffs. This signaled to the South that their threats would not be tolerated. In response, South Carolina rescinded the nullification. However, the tensions between the North and the South would continue to escalate, culminating in the Civil War.
Spoils system: A form of political corruption where a political parties rewards its supporters with favors, often posts to public office. Andrew Jackson was a proponent of the spoils system, in which he appointed those who supported his campaign to government positions. Jackson created jobs and appointed many friends to his unofficial cabinet, earning it the name “Kitchen Cabinet” from critics. See: political machines, Pendleton Civil Service Act.
Indian Removal Act: This law provided for the immediate forced resettlement of American Indians living in Alabama, Florida, Georgia, Mississippi, and present-day Illinois. By 1835, some 100,000 Cherokee, Chickasaw, Choctaw, Creek, and Seminole American Indians had been forcibly removed from their homelands. See: Cherokee Nation v. Georgia, Trail of Tears, Worcester v. Georgia.
Cherokee Nation v. Georgia: A Supreme Court case from 1831. The Marshall court ruled that the Cherokee Tribe was not a sovereign foreign nation and, therefore, had no right to sue for jurisdiction over its homelands. See: Worcester v. Georgia.
Worcester v. Georgia: A Supreme Court case (1832) which ruled that the state of Georgia could not infringe on the Cherokee Nation’s sovereignty, thus nullifying Georgia state laws within the tribe’s territory. President Jackson, incensed, allegedly said, “John Marshall has made his decision; now let him enforce it.” The expulsion of the Cherokee resulted in the Trail of Tears. Also notable as being one of the few times a president ignored a Supreme Court ruling.
Religious Revival and Reform Movements
Second Great Awakening: A Protestant religious movement that took place across the United States between the 1790s and the 1840s. It peaked in the 1820s. Unlike the (First) Great Awakening, it gradually came to place a greater emphasis on slavery as a sin. See: abolitionism, American Temperance Society, Baptist, Charles G. Finney, Methodist.
Charles G. Finney: A Presbyterian minister during the Second Great Awakening. Like Jonathan Edwards of the First Great Awakening, Finney appealed to his audience’s emotions, rather than to their reason. His “fire and brimstone” sermons became commonplace in upstate New York. Finney insisted that parishioners could save themselves through good works and a steadfast faith in God. He also was an abolitionist, and condemned slavery from the pulpit.
Methodists: Methodism is a form of Protestant Christianity based on the teachings of John Wesley. It split off from the Anglican Church. They accept infant baptism and stress charitable work, especially that which alleviates the suffering of the poor. During the Second Great Awakening, Methodist and Baptist ministers often preached at tent revivals, converting thousands. This led to these two forms of Protestantism becoming the two largest denominations of Christianity in the U.S. during this period.
Baptists: An evangelical sect of Protestant Christianity. Generally, they believe that baptism should only be performed on adults who can profess their faith (as opposed to infant baptism). Baptists also believe in salvation through faith alone, not requiring good works, and in the supremacy of the Bible as the sole authority over theological matters. During the Second Great Awakening, Methodist and Baptist ministers often preached at tent revivals, converting thousands. This led to these two forms of Protestantism becoming the two largest denominations of Christianity in the U.S. during this period.
American Temperance Society: Revival preachers of the Second Great Awakening joined forces in the 1820s to form the American Temperance Society. While their initial goal was to encourage drinkers simply to limit their alcohol intake, the movement soon evolved to demand absolute abstinence, as reformers began to see the negative effects that any alcohol consumption had on people’s lives. The movement quickly earned the support of state leaders as decreased alcohol use resulted in fewer on-the-job accidents and more overall productivity. The most active members of temperance societies tended to be middle-class women.
Dorothea DIx: Revival preachers of the Second Great Awakening joined forces in the 1820s to form the American Temperance Society. While their initial goal was to encourage drinkers simply to limit their alcohol intake, the movement soon evolved to demand absolute abstinence, as reformers began to see the negative effects that any alcohol consumption had on people’s lives. The movement quickly earned the support of state leaders as decreased alcohol use resulted in fewer on-the-job accidents and more overall productivity. The most active members of temperance societies tended to be middle-class women.
Sylvester Graham: A nineteenth-century Presbyterian minister, Reverend Graham is best known for advocating vegetarianism and supporting the temperance movement. Graham crackers were not invented by him, but they are named in his honor.
John Harvey Kellogg: Inventor of the corn flake, he espoused the importance of healthy diets. Dr. Kellogg established the Battle Creek Mental Institution to put his ideas about diet and health into practice.
Cult of domesticity: The Industrial Revolution had social consequences. People no longer necessarily labored in the field or in small home industries. As children became less important as a source of labor, and men took factory jobs, the position of women became centered on the home. This led to the elevation of motherhood and homemaking in the “cult of domesticity” in the early nineteenth century.
Abolitionists: Advocates for ending slavery. Aside from the influence of Enlightenment ideas about freedom, many abolitionists believed that slavery was sinful and, therefore, must be eliminated. As Charles Sumner said in 1860: “[God] set an everlasting difference between man and a chattel, giving to man dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth:—that fight we hold By His donation; but man over men He made not lord, such title to Himself Reserving, human left from human free.”
Lucretia Mott: An abolitionist, pacifist, Quaker, and suffragist. After being barred from attending the World Anti-Slavery Convention in 1840, she became interest in women’s rights, and helped convene the Seneca Falls Convention. She co-wrote the Declaration of Sentiments.
Elizabeth Cady Stanton: American suffragist and abolitionist who co-founded the National American Woman Suffrage Association (NAWSA) in 1890 with Susan B. Anthony. Attended the Seneca Falls conference and was the principal author of the Declaration of Sentiments.
Susan B. Anthony: A noted abolitionist and women’s suffragist. With other feminists, she organized an landmark convention at Seneca Falls, New York, to discuss the plight of U.S. women. She co-founded the National American Woman Suffrage Association (NAWSA) in 1890. Died in 1906. See: Declaration of Sentiments, Elizabeth Cady Stanton, Lucretia Mott
Declaration of Sentiments: The women at the Seneca Falls Convention (1848) drafted this document. Modeled after the Declaration of Independence, it declared that “all men and women are created equal” and demanded suffrage for women. Much like the earlier temperance movement, the women’s crusade soon became eclipsed by the abolitionist movement and did not resurface until closer to the turn of the twentieth century. See: Elizabeth Cady Stanton, Lucretia Mott, Susan B. Anthony.
American Anti-slavery Society: Founded by William Lloyd Garrison in 1833, it opposed slave traders and owners. Garrison’s radicalism soon alienated many moderates within the movement when he claimed that the Constitution was a pro-slavery document. Garrison’s insistence on the participation of women in the movement led to division among his supporters and the formation of the Liberty Party, which accepted women, and the American and Foreign Anti-slavery Society, which did not.
Liberty Party: Along with his radicalism and his attacks on churches, William Lloyd Garrison’s insistence on the participation of women in his American Antislavery Society led to a division among its supporters. This splinter faction, the Liberty Party, accepted women members. Contrast with: Foreign Anti-slavery Society.
Foreign Anti-slavery Society: Along with his radicalism and his attacks on churches, William Lloyd Garrison’s insistence on the participation of women in his American Antislavery Society led to a division among its supporters. This splinter faction, the Foreign Anti-slavery Society, did not accept women members. Contrast with: Liberty Party.
Harriet Tubman: She escaped from slavery and later helped others do the same with the Underground Railroad. Tubman helped John Brown recruit his band for the raid on Harper’s Ferry. After the Civil War, she advocated for women’s suffrage.
Sojourner Truth: An African American abolitionist and suffragist. Born into slavery in New York and speaking Dutch as her first language, she is notable as the first black woman to win a court case against a white man. She gave herself her own name in 1843. She is best known for the “Ain’t I a Woman?” speech, which advocated for both abolitionism and women’s rights.
Frederick Douglas: A former slave, Douglass published The North Star, an antislavery journal that chronicled the ugliness of slavery and argued that the Constitution could be used as a weapon against slavery. Thus, Douglass argued for fighting slavery through legal means in contrast to some other radical abolitionists, who advocated varying degrees of violence to achieve abolition. His 1845 memoir, Narrative of the Life of Frederick Douglass, became a bestseller and inspired many abolitionists. An egalitarian, he also supported women’s suffrage.
Underground Railroad: A network of abolitionists and abolitionist-sympathizers who helped slaves escape into free states and Canada. Members included Sojourner Truth and Harriet Tubman, among many others. The Underground Railroad gained greater support after the Compromise of 1850. At its peak, approximately 1,000 slaves per year escaped.
Nat Turner’s Rebellion: Turner, an enslaved African American from Virginia, organized a massive slave uprising in 1831. It resulted in the deaths of over 50 white men, women, and children, and the retaliatory killings of hundreds of slaves. Afterwards, states across the South passed laws restricting civil rights for all African Americans, free or slave, and banned educating them as well. See: slave codes.
Mormon: The common name for members of the Church of Jesus Christ of Latter-Day Saints.
Joseph Smith: Founder of the Church of Jesus Christ of Latter-Day Saints (the Mormon Church). According to Mormon tradition, an angel visited the young Joseph Smith in western New York in 1823 to reveal the location of a sacred text that was inscribed on gold plates and had been buried by the fabled “Lost Tribe of Israel.” By 1830, Joseph Smith had allegedly translated the sacred text. He was murdered by a mob in Illinois in 1844.
Church of Jesus Christ of Latter-day Saints: Informally known as the Mormon Church, it was founded by Joseph Smith. The followers of Mormonism were ostracized and harassed—in large part, due to the practice of polygamy (having multiple wives)—by their surrounding community and left New York to head west. The Mormons later settled in Utah.
Brigham Young: Following the 1844 murder of Joseph Smith, he became the new leader of the Mormons, holding that position for 29 years until his own death in 1877 from a ruptured appendix. He led his followers west, finally settling in present-day Utah.
Transcendentalists: A name for artists and writers of the Romantic Era, specifically ones who emphasized emotions and the connection between man and nature. They were a reaction to both the rationality of the Enlightenment and the burgeoning Industrial Revolution. Examples include Ralph Waldo Emerson and Henry David Thoreau; they claimed that each person was able to communicate with God and nature directly, eliminating the need for organized churches. They promoted individualism, self-reliance, and freedom from social constraints.
Ralph Waldo Emerson: An American poet and essayist, and member of the transcendentalist movement. He was a close friend of Henry David Thoreau. Like Thoreau, he supported abolitionism and stressed self-reliance.
Henry David Thoreau: A transcendentalist whose book Walden chronicled a self-initiated experiment in which Thoreau removed himself from society by living in seclusion in the woods for two years. However, perhaps even more influential was his essay “On Civil Disobedience,” in which he advocated passive resistance as a form of justifiable protest. This essay would inspire later social movement leaders Mahatma Gandhi and Dr. Martin Luther King Jr. An abolitionist, he also opposed the Mexican-American War.
Birth of American Culture
Hudson River School: A form of large-scale landscape paintings from the Romantic era.
Knickerbockers: A name for members of the Knickerbocker Group, a vague collection of American authors influenced by the nationalistic mood that followed the War of 1812. Washington Irving developed American fiction by using domestic settings and character types for their stories. Tales such as Rip Van Winkle and The Legend of Sleepy Hollow were based on preexisting stories. Tales of the frontier were glorified by James Fenimore Cooper, whose The Last of the Mohicans gained worldwide attention. Nathaniel Hawthorne’s The Scarlet Letter and Herman Melville’s Moby-Dick addressed important questions regarding religion and morality.
Robert Fulton: Inventor of the steamboat, which he created in 1807. Before the steamboat, river travel was done by flatboats or by keelboats. The steamboat allowed goods and people to be transported easily both upstream and downstream. See: Erie Canal.
Erie Canal: Completed in 1825 with funds provided by the state of New York, it linked the Great Lakes with the Hudson River. As a result, the cost of shipping dropped dramatically, and port cities along the length of the canal and its terminal points began to develop and flourish.
Nativists: Anti-immigrant activists in the nineteenth century. In this period, many native-born Americans were Protestants of English ancestry. They disliked the large numbers of Irish and Germans that began to arrive in the 1840s, especially due to their Roman Catholic faith, which attracted paranoia about them being a fifth column for the Pope. Many Central Europeans were also leftists fleeing from prosecution after the failed Revolutions of 1848. On the West Coast, Chinese immigrants prompted similar xenophobic sentiments. See: American Party (Know-Nothing Party), Chinese Exclusion Act, Emergency Quota Act.
American Party, or “Know-Nothing Party”: In 1849, a wing of the nativist movement became a political party called the American Party. The group opposed both immigration and the election of Roman Catholics to political office. The members of the party met in secret and would not tell anyone what they stood for, saying, “I know nothing,” when asked. This provided the basis for the group’s more common name.
Eli Whitney: Famously invented the cotton gin in 1793, which sped up the process of removing the seeds from raw cotton, making cotton the number one cash crop of the South. Plantation owners switched from growing tobacco to growing cotton to keep up with increasing demands from domestic and overseas markets. He also popularized (but did not invent) the concept of interchangeable machine parts. See: King Cotton.
King Cotton: Made possible by Eli Whitney’s cotton gin, King Cotton was when the lucrative cotton export business caused an expansion of slavery, from one million slaves to four million in 50 years, because more workers were needed to work the fields. It essentially made civil war inevitable, as slave owners now had too much invested in the institution of slavery to ever accept voluntarily emancipation, as some former slave states in the North had. See: slave codes.
Slave codes: These laws were aimed at oppressing enslaved Africans, discouraging free blacks from living in the South, and preventing slave revolts. They were created to support the exploitative slave plantation economy of King Cotton, as well as to suppress potential slave uprisings like Nat Turner’s Rebellion. Compare with: Jim Crow laws, sharecropping.
The RBI Ombudsman Scheme is a mechanism established by the Reserve Bank of India (RBI) to provide a quick and efficient resolution of grievances and complaints related to banking services rendered by banks and other financial institutions. The scheme aims to enhance customer confidence in the banking system by offering a fair and transparent redressal process. Here's an overview of the RBI Ombudsman Scheme:
Objective:
The primary objective of the RBI Ombudsman Scheme is to address customer complaints against deficiencies in banking services, including non-adherence to fair practices, unfair treatment, and non-compliance with regulatory guidelines. The scheme ensures that customers have access to an independent and impartial forum for resolving their grievances against banks and other regulated entities.
Scope and Applicability:
The RBI Ombudsman Scheme covers complaints relating to banking services provided by scheduled commercial banks, regional rural banks, and scheduled primary cooperative banks. It also includes complaints against non-banking financial companies (NBFCs) registered with the RBI. The scheme applies to various areas such as deposits, loans, remittances, credit cards, and other banking services.
Key Features:
1.Accessibility: The RBI Ombudsman Scheme provides a free and easily accessible platform for customers to lodge complaints against banks and financial institutions. Customers can file complaints online through the RBI's dedicated portal or by visiting the nearest RBI office.
2. Quick Resolution: The scheme aims to resolve complaints expeditiously, with a maximum turnaround time of 30 days for complaints related to deficiency in banking services. However, complex cases may take longer for resolution.
3. Independent Adjudication: The RBI Ombudsmen are appointed by the RBI and function independently of the banking system. They act as impartial adjudicators to resolve disputes between customers and banks in a fair and unbiased manner.
4. Alternative Dispute Resolution: The Ombudsman Scheme encourages the resolution of complaints through mediation and conciliation, facilitating mutually acceptable solutions between the parties involved.
5. Enforcement of Decisions: The decisions and awards passed by the RBI Ombudsman are binding on the banks and financial institutions. If a bank fails to comply with the Ombudsman's decision, penalties may be imposed by the RBI.
Complaint Redressal Process:
Customers can file complaints with the RBI Ombudsman if they are dissatisfied with the response received from the bank within a specified timeframe or if the bank fails to respond within 30 days. The Ombudsman reviews the complaint, conducts investigations, and facilitates resolution through mediation or adjudication.
Conclusion:
The RBI Ombudsman Scheme serves as a vital mechanism for safeguarding the interests of bank customers and promoting accountability in the banking sector. By providing an accessible and impartial forum for grievance redressal, the scheme contributes to enhancing customer trust and confidence in the banking system.
En la Mecanografía: Aprenderán a mantener una buena postura, teclear de forma eficiente y hacer uso de las teclas de función. Menos errores de escritura, desarrollas la técnica adecuada para colocar tus dedos en el teclado, reduciendo significativamente los errores de escritura. Mejora la precisión. Aumenta tu capacidad de concentración. Adquieres mayor fluidez en la escritura.
tell consider lead most of small up good end move on down find some present seem back public shcool say eye hand that turn new
such keep become write increase how man state very know use would can year increase hand get while that play leave will how many
I was a bad girl, I did some bad things
I swear I did it all for fun and it meant nothing
It never happened, it was a secret
Like when a tree falls in the forest, no one hears it
Another late night, another crazy mood
And I didn't think twice what it would do to you
I was a wild child, you always knew it
It was a matter of time before I blew it
Thou shall not lie, thou shall not cheat
Thou shall not get caught or you'll end up just like me, oh
Karma's a bitch, I should've known better
If I had a wish, I would've never effed around
When I saw the pics of you and her, I felt the knife twist
Karma's a bitch
And she's with you right now
She is a good girl, I think she's boring (boring)
Believe me, twenty minutes later, you'll be snoring
But it still kills me that you hooked up with her (up with her)
And now the universe is giving me what I deserve (I deserve)
Thou shall not lie, thou shall not cheat (oh, whoa)
I'll write it down a thousand times and hope it sets me free, oh
Karma's a bitch, I should've known better
If I had a wish, I would've never effed around
When I saw the pics of you and her, I felt the knife twist (karma)
Karma's a bitch (oh, whoa)
And she's with you right now
metro boomin make it boom! i crash out like fuck rap diss milly mel if i had to got 2teez on me im snatching chains and burning tattoos its up lost too many soldiers not to play it safe if you walk around with a stick it aint andre 3 k think i wont drop the location i still got ptsd motherfuck the big three fella its just big me fella bum im really like that and your best work is a lightpack fella prince outlived mike jack fella BUM for all the dogs getting buried its the k with all those nines he gon see pet cematary fella BUM
ay ay lets get it bro d o t the money power respect the last one is better say its a lot of goofies with a check i mean aaugh i hope their sentiments symbolic aaugh my temperament bipolar i choose violence
STEM is the best.
The celebrated theory is still the source of great controversy.
I thought a good architectural structure should be useful, durable and beautiful.
Educational level is found to be related to social and economic background.
We can all meet at my office after the lecture.
All dissertations must be accompanied by a submission form.
Our view is that educational reforms have been inadequately implemented.
He landed a job in a very prestigious law firm.
Important details from the argument are missing in the summary.
Listening is the key skill needed to succeed in this course.
Medical researchers have focused on causes of diseases and treatments.
Plants are the living things that can grow in land or in water.
Radio is a popular form of entertainment throughout the world.
The island is located at the south end of the bay.
The key difference between courses is the kind of assessment.
Tribes vied with each other to build monolithic statues.
Years of training is needed to become a medical specialist.
In this language course, we focus on both fluency and accuracy.
The department has a higher-than-normal proportion of postgraduate students.
Please move us to the meeting room for the next hour.
Speed is defined as how quickly an object or a person moves.
Animal and plant cells have a number of structures in common.
Being bilingual does not necessarily mean having the ability to analyze the languages.
You must hand in your essays by midday on Friday.
Sugar is a compound including carbon, oxygen, and hydrogen atoms.
The shipwreck of this year ruined some artifacts which were interested by historians.
A series of lectures showcasing economic research have been recorded.
Many vocational courses at institutions are funded by private enterprises.
The opening hours of the library are reduced during summer.
Photography can be very useful to geographical research.
The area has a variety of underwater habitats and species.
Our study program equips students with essential skills for university.
Academic libraries across the world are steadily incorporating social media.
New developments in manufacturing are constantly changing the way we live.
Classical mechanics is sometimes considered as a branch of applied mathematics.
New materials and techniques are changing the style of modern architecture.
There will be a chemistry test in the class next week.
An effective business manager is always open to new ideas.
The department works closely with business communities.
There is an accounting assignment for finance students.
We should never underestimate the power of creative design.
Linguistics is the scientific study and analysis of language.
The orchestra will be led by a visiting conductor.
Marine environments have been destroyed by pollution and unsustainable development.
Designers need to keep up with the social trends.
A visit to the designed museum is of great value.
Trees benefit the city by soaking up the rainwater that runs off the roads.
Rising sea temperatures are a sign of climate change.
The key witnesses to the event have conflicting recollections.
The momentum is defined as the combination of mass and velocity.
The study center in the library has all the latest technologies.
The rising temperature is changing the wildlife population.
The director of the gallery was grateful for the anonymous donation.
Studies showed there is a positive correlation between the two variables.
You should have awareness of how the business operates globally.
An architect is required to have problem-solving skills and an eye for design.
While some people regard it as reforming zeal, others regard it as recklessness.
Any gain on sales of property must be allocated promptly.
We encourage students to complete their applications before the deadline.
Lectures are the oldest and the most formal teaching method at university.
Before you choose your university courses, you should consider your future career.
You must answer security questions when you reset your password.
Astronomers use light years to measure distance in space.
Currently the growth of the economy is unpredictable.
The course involves a combination of pure and applied mathematics.
Social psychology is concerned with the understanding of human behaviors.
A series of the observations were carried out in the classroom.
The department is doing some crucial work on climate change.
Physical strength can be enhanced through regular training.
All students are expected to attend ten lab sessions per semester.
Many birds migrate to warmer areas for the winter.
Most university teaching still takes place in lectures and seminars.
Nurses can specialize in clinical work or management.
Organization plays an important role in academic literature.
Organizational failure is considered from various perspectives in academic literature.
Packaging is very important to attract the attention of a buyer.
Peer group pressure has a significant effect on young people.
Please check the information on the website for the opening times.
Please note that the submission deadlines are only negotiable in exceptional circumstances.
Public perception about biotechnology is crucial for developing scientific consensus.
The supposed benefits of space exploration are frequently questioned.
She has made a significant contribution to the field of chemistry.
Some economists argue that the entire financial system is fatally flawed.
Some students find that true or false questions are harder than short answers.
A bar chart provides a useful means of data comparison.
The business policy seminar includes an internship with a local firm.
The rising inflation rate indicates a decrease in demand for consumer products.
The earth's atmosphere is primarily composed of oxygen and nitrogen gases.
The garden behind the university is open to the public in summer.
The history of the university is a long and interesting one.
The most popular courses still have a few places left.
The qualification will be assessed by using a criterion-referenced approach.
The results of the study underscored the importance of early detection.
The school's summer programs help students to accelerate their studies.
The summer course is canceled due to insufficient enrollment.
The new technician dropped the microscope in the biology lab.
The visiting speaker used to be a lecturer in this department.
There are some doubts about whether these events actually occurred.
There is clearly a need for further research in this field.
Traveling by boat on the river is not possible in winter.
Water filters on campus will discourage the unnecessary use of plastic bottles.
We can work together to achieve high educational standard.
We have not yet achieved equality in our society.
We were able to contact a number of research subjects.
When parents talk to children, the tense tends to be simplified.
Upload your assignments to the website by Tuesday.
You must submit your assignments by next Friday at the latest.
You will acquire many skills during the academic studies.
Speak to your tutor if you require further assistance.
Education and training provide important skills for the labor force.
Farming methods across the world have greatly developed recently.
Find out how to get resources before your research.
Global connections thrived in academic communities, thanks to social media.
Several candidates would be qualified as the greatest scientists of all time.
The Industrial Revolution in Europe was driven by steam technology.
The theater study course encourages students to exercise creativity.
There are opportunities to receive grants in most artistic fields.
There have been many changes recently in the mathematics department.
There is a welcome party for all new students each term.
This course considerably emphasizes critical thinking skills.
Every student has both the right and the ability to succeed.
New credit cards will soon use fingerprint technology.
Collaboration between departments is a feature of successful companies.
Geography is generally divided into two main branches, human and physical.
Making mistakes is fine as long as you learn from them.
One of the election promises is to decrease income taxes.
This course provides the opportunity to get valuable industry experience.
Some people are motivated by competition, while others prefer to collaborate.
Students intending to go to the conference must register now.
The ability to work with fellow students cannot be stressed enough.
The elective course introduces engineering students to construction practices and concepts.
The economy is now showing the first sign of recovery.
The site is designed to be highly interactive.
You should submit your term papers to the general office.
Key business partners are often intertwined in expense accounts.
We no longer respond to any post reference requests.
The printers automatically print on both sides of each page.
Distance learning allows you to develop a career around your commitments.
It takes a long time to walk to university.
Many food crops require large amounts of water and fertilizer.
Undergraduates may pursue their specific interests within certificate programs.
New media journalism is an exciting area of study.
You will study two core and three optional modules.
Peer review is an essential part of scientific methods.
This course places considerable emphasis on critical thinking skills.
A typical part of the course involves the study of society.
Scientists have founded all parts of society today.
Physics is the key subject to understanding the world and the universe.
This new camera can identify your eyes and focus on them.
The lecture today will cover all the main reasons for global warming.
The dance department stages elaborated performances each semester.
The article considers the leisure habits of teenagers in rural areas.
Read the first section before the next meeting.
We learned through observations and the analysis of human behaviors.
In his lifetime, he composed a large number of works.
In addition to class requirements, students must pass all the qualifying examinations.
Our aim is to reduce the risks that people take.
One student representative will be selected from each class.
All answers must be thoroughly researched and supported by relevant theories.
Efforts are being made to reduce harmful emissions.
Visual aid can be really helpful when you are revising.
She began by giving an outline of the previous lecture.
<?php
$servername = "localhost";
$username = "username";
$password = "password";
$conn = new mysqli($servername, $username, $password);
if ($conn->connect_error) {
die("Connection failed: " . $conn->connect_error);
}
echo "Connected successfully";
?>
Todos unidos, jamás vencidos
Estamos aquí para ganar
A los que son nuestros enemigos
¡Y no pensamos fallar!
Perecerán gracias al esfuerzo
Que conllevó a este poder
Con la potencia, estas almas
Deberán hacerse valer
Es el final, nunca perderemos
Pues entrenamos hasta sudar
Nos a costado mucho esfuerzo
¡Y no la vamos a fastidiar!
En este momento, no queda tiempo
Usemos todo el poder
Que guardamos en los ataúdes
¡Vamos ahora a por él!
Reunamos valor...
...Para enfrentar
A esta "FLOR"
Conseguiremos más poder...
¡Para así vencer!
Todos unidos, jamás vencidos
Estamos aquí para ganar
A los que son nuestros enemigos
¡Y no pensamos fallar!
Perecerán gracias al esfuerzo
Que conllevó a este poder
Con la potencia, estas almas
Deberán hacerse valer
En este momento, no queda tiempo
Usemos todo el poder
Las almas que puedan, ataquen ahora
Vamos todas a por él
Integridad y perseverancia
Con paciencia y valor
Sé amable y ten justicia
Usa tu DETERMINACIÓN
J'ai recontre tois escargots
Qui s'enallaient carable au dos
Et dans le pre tois limacons
Qui disaient par coeur leur lecon.
Puis dans un champ, quatre lezards
Qui ecrivaient un log devoir.
Ou peut se trouver leur ecole?
Au milieu des avoines folles?
Et leur maitre est-il ce corbeau
Que je vois dessiner la'haut
De belles lettres au tableau?
Maurice Careme
Allerdings ist die Geschäftsführung ohne Auftrag nur auf die vorübergehende Wahrung der Interessen des Geschäftsherrn während einer Zeit gerichtet, in der dieser nicht in der Lage ist, das Geschäft selbst auszuführen oder Weisungen zu erteilen. Sie hat grundsätzlich nur überbrückenden Charakter.
Dies ergibt sich insbesondere aus § 681 Satz 1 BGB, der bestimmt, dass der Geschäftsführer die Übernahme der Geschäftsführung dem Geschäftsherrn anzuzeigen hat, sobald dies tunlich ist, und dessen Entschließung abzuwarten hat, sofern nicht mit dem Aufschub Gefahr verbunden ist
Daraus folgt, dass der Geschäftsführer die kostenpflichtige Verwahrung des Fahrzeugs nicht ohne weiteres zeitlich unbegrenzt für erforderlich halten darf. Vielmehr muss er in Erfüllung seiner Pflichten aus § 681 Satz 1 BGB unmittelbar nach dem Abschleppvorgang den Fahrzeughalter – ggf. mittels Halteranfrage (§ 39 StVG) – ermitteln, ihn von der Übernahme der Geschäftsführung unterrichten und dessen Entschließung abwarten.
Nach § 1192 Abs. 1a BGB können Einreden, die dem Eigentümer auf Grund des Sicherungsvertrags mit dem bisherigen Gläubiger gegen eine Sicherungsgrundschuld zustehen oder sich aus dem Sicherungsvertrag ergeben, auch jedem Erwerber der Grundschuld entgegengesetzt werden; § 1157 Satz 2 BGB, der auf die Vorschriften über den guten Glauben verweist, findet insoweit keine Anwendung.
Die Voraussetzungen für eine analoge Anwendung von § 883 Abs. 2 BGB auf die Änderung einer Sicherungsabrede für eine vorrangige Grundschuld sind offensichtlich nicht gegeben. Es mangelt schon an der erforderlichen Vergleichbarkeit der Sachverhalte. Eine entsprechende Anwendbarkeit von § 883 Abs. 2 BGB auf den obligatorischen Vertrag über die Vermietung eines Grundstücks hat der Bundesgerichtshof verneint.
Die Vorschrift des § 1192 Abs. 1a BGB findet auf den Erwerber eines bereits mit einer Sicherungsgrundschuld belasteten Grundstücks keine Anwendung; er kann aus dem Wegfall des Sicherungszwecks nur dann eine Einrede herleiten, wenn der Anspruch auf Rückgewähr der Grundschuld an ihn abgetreten wurde oder er in den Sicherungsvertrag eingetreten ist.
Die Klage nach § 768 ZPO ist begründet, wenn die als bewiesen angenommenen materiell-rechtlichen Voraussetzungen für die Erteilung der Vollstreckungsklausel nicht vorlagen
Allerdings besteht auch bei Vertragsverhandlungen, in denen die Parteien entgegengesetzte Interessen verfolgen, für jeden Vertragspartner die Pflicht, den anderen Teil über Umstände aufzuklären, die den Vertragszweck des anderen vereiteln können und daher für seinen Entschluss von wesentlicher Bedeutung sind, sofern er die Mitteilung nach Treu und Glauben unter Berücksichtigung der Verkehrsanschauung redlicherweise erwarten darf, § 242 BGB.
Die Untersuchungsobliegenheit beim beiderseitigen Handelskauf nach § 377 Abs. 1 HGB greift erst nach Ablieferung der Sache; zudem findet die Vorschrift auf Grundstücksgeschäfte keine Anwendung.
Eine Obliegenheit des Käufers zur Durchführung einer Due Diligence könnte sich daher – wenn hierzu keine ausdrückliche Vereinbarung getroffen wurde – allenfalls aus einem Handelsbrauch (§ 346 HGB) oder einer Verkehrssitte
Es entspricht ständiger Rechtsprechung des Senats, dass derjenige, der sein Fahrzeug unbefugt auf einem Privatgrundstück abstellt, eine verbotene Eigenmacht i.S.v. § 858 Abs. 1 BGB begeht, für die nicht nur der Fahrer, sondern ebenfalls der Halter des Fahrzeugs verantwortlich ist
Die Übernahme der Geschäftsführung liegt im Interesse des Geschäftsherrn, weil sie ihm objektiv vorteilhaft und nützlich ist. Beseitigt der Grundstückseigentümer eine Eigentumsbeeinträchtigung selbst, wird der Störer von der ihm gemäß § 862 Abs. 1 Satz 1 BGB bzw. gemäß § 861 Abs. 1 Satz 1 BGB obliegenden Pflicht frei.
Bei der gebotenen objektiven Betrachtung stellt sich die Entfernung des Fahrzeugs für den Halter daher als vorteilhaft dar. Der Umstand, dass der Geschäftsherr Aufwendungsersatz schuldet, kann naturgemäß seinem Interesse nicht schon von vornherein und generell entgegenstehen, weil § 683 BGB sonst nie erfüllt wäre
Die Störungsbeseitigung entspricht schließlich dem mutmaßlichen Willen des Halters, auf den es nach § 683 BGB entscheidend ankommt, wenn sich der wirkliche Wille nicht feststellen lässt. Mangels anderer Anhaltspunkte ist als mutmaßlicher Wille derjenige anzusehen, der dem Interesse des Geschäftsherrn entspricht.
Da die Entfernung des Fahrzeugs im objektiven Interesse des Halters liegt, ist auch sein mutmaßlicher Wille hierauf gerichtet
Der Verkäufer muss, sofern es sich nicht um einer Besichtigung zugängliche und ohne weiteres erkennbare Mängel handelt, die der Käufer bei der im eigenen Interesse gebotenen Sorgfalt selbst wahrnehmen kann, gemäß seinem Kenntnisstand aufklären und darf sein konkretes Wissen nicht zurückhalt
Ein arglistiges Verschweigen eines Mangels im Sinne von § 444 BGB ist danach nur gegeben, wenn der Verkäufer den Mangel kennt oder ihn zumindest für möglich hält und zugleich weiß oder doch damit rechnet und billigend in Kauf nimmt, dass der Käufer den Mangel nicht kennt und bei Offenbarung den Vertrag nicht oder nicht mit dem vereinbarten Inhalt geschlossen hätte.
After the British and the colonists won the French and Indian War, England faced enormous debt. The resulting taxation of the colonists led to resentment and tension with England. The Boston Massacre and Boston Tea Party were two notable examples of this increasingly troubled relationship.
Colonial leaders called for resistance to imperial rule and demanded that their rights be respected. New experiments with democracy and republican forms of government came about with the Continental Congress, the ideas of Benjamin Franklin and Thomas Paine, and, ultimately, the Declaration of Independence.
After the American Revolution, the Articles of Confederation united the newly formed states. However, the federal government remained very weak, which was made evident by Shay’s Rebellion. Debates on how to govern the new country culminated in the calling of the Constitutional Convention.
Throughout the presidencies of George Washington and John Adams, the Federalists and Anti-Federalists debated on how the young nation should manage its economy, foreign affairs, and internal relations with the new states. The Federalists, led by Alexander Hamilton, favored a stronger central government. The Anti-Federalists, led by Thomas Jefferson, favored giving more power to the individual states.
The development of a distinct American foreign policy emerged. George Washington warned against becoming entangled in foreign affairs, such as the French Revolution, and preferred diplomatic initiatives, like Jay’s Treaty and Pinckney’s Treaty, to deal with continued European presence in America.
Migration trends and competition over boundaries, resources, and trade fueled ethnic tensions and sparked nativist sentiments. The United States’ relationship with American Indian groups continued to evolve, often centering on conflict regarding native lands.
The French and Indian War
French and Indian War: 1754–1763. Name for the North American theater of the Seven Years’ War. Featured Britain and France, and their colonial and native allies, fighting for control of North America east of the Mississippi. While the British won, they incurred massive debts in the process. This led to trouble down the road for them. See: Treaty of Paris (1763).
George Washington: First President. Served 1789–1797. A land surveyor from Virginia, he led colonial militia as an officer in the French and Indian War. Led the Continental Army during the American Revolutionary War at battles such as Valley Forge and Yorktown. Later presided over the Continental Congress. Among many other acts, he established the informal two-term limit for presidents by declining to run for reelection in 1796. See: Farewell Address.
Benjamin Franklin: Founding Father. Invented bifocals, the Franklin stove, the lightning rod, and the swivel chair. An early campaigner for American unity, he served as the first U.S. Ambassador to France (1776–1785). Signed both the Declaration of Independence and the Constitution. Died 1790 at age 84. See: Albany Plan of Union.
Albany Plan of Union: A proposal by the Albany Congress, under the guidance of Benjamin Franklin, during the French and Indian War. It called for a confederation of colonies to defend against attack by European and native foes. Rejected by the colonial assemblies due to concern over the central consolidation of power, and by the British government because they felt it allowed for too much colonial independence.
William Pitt: Also known as William Pitt the Elder. A Whig statesman who shifted British efforts in the French and Indian War from colonial skirmishes to the capturing of Canada, with key victories in Louisbourg (1758), Quebec (1759), and Montreal (1760). This effectively removed France’s presence from North America.
Treaty of Paris (1763): Treaty which capped off the French and Indian War. The British took control of French Canada and Spanish Florida, effectively removing France’s presence from North America.
Post-War Conflicts with American Indians
Pontiac’s Rebellion: An 18-month conflict with the American Indians of the Ohio Valley. Led by Chief Pontiac, leader of the Ottawa people, natives attacked British colonial settlements from the Great Lakes to Virginia. Resulted in the Proclamation of 1763.
Proclamation of 1763: In reaction to Pontiac’s Rebellion, King George III barred American colonists from settling west of the Appalachian Mountains. The British saw this as a quick and easy way to make peace while securing the fur trade. Colonists, however, were incensed by the crown’s interference in their ability to settle land they had won in the French and Indian War. The colonists often ignored it. An important contributing factor to the American Revolution.
Effects of the French and Indian War
Currency Act: A law passed by Parliament in 1764. It limited the use of colonial paper money, in order to protect British merchants from depreciation. While not a major contributing factor to the American Revolution, it did signify growing British interest in regulating the colonies.
Sugar Act: A 1764 law which raised the previous amount demanded on sweeteners (molasses and sugar). Part of British attempts to pay off debt from the French and Indian War.
Quartering Act: A 1765 act of Parliament that required colonial citizens to provide room and board for British soldiers stationed in America. Wildly unpopular. This practice was later banned by the Third Amendment to the Constitution.
Stamp Act: A pivotal 1765 law. It required that all paper in the colonies, from death and marriage certificates to newspapers, have a stamp affixed signifying that the required tax had been paid. See: Stamp Act Congress.
George Grenville: British Prime Minister who passed the Currency, Sugar, Quartering, and Stamp Acts. He felt the colonists were being asked to pay only their fair share of the debt from the French and Indian War.
Patrick Henry: Founding Father. Young Virginian lawyer and Patriot. In reaction to the Stamp Act, he accused the British government of usurping the rights guaranteed to colonists as Englishmen. He encouraged his fellow leaders to insist that Virginians be taxed only by Virginians, not by some distant royal authority. Later an Anti-Federalist.
James Otis: A Patriot from Massachusetts. Coined the phrase “Taxation without representation is tyranny,” which is popularly abbreviated as “no taxation without representation.”
Stamp Act Congress: A meeting of representatives of nine of the Thirteen Colonies. They sent word to England that only colonial legislatures had the authority to tax the colonists. Repealed in 1766 and replaced with the Declaratory Act.
Sons and Daughters of Liberty: A group of Patriot activists who intimidated tax collectors by attacking their homes, burning them in effigy, and even tarring and feathering them. They also ransacked warehouses that held stamps and burned them to the ground.
Samuel Adams: Founding Father. Led the Sons and Daughters of Liberty. Also penned Massachusetts Circular Letter in 1768, which demanded that the Townshend Act be repealed.
Declaratory Act: Replaced the Stamp Act. A 1766 law that maintained the right of the crown to tax the colonies, as Parliament’s authority was identical in both Britain and North America.
Townshend Acts: A revenue plan passed by Parliament in 1767. It imposed harsher taxes on the purveyors of imported goods such as glass, paper, and tea. In addition, a special board of customs officials was appointed to enforce writs of assistance. Repealed 1770.
Writs of assistance: Authorized under the Townshend Acts, writs allowed customs officials to search colonial homes, businesses, and warehouses for smuggled goods without a warrant from a judge. Led to the Massachusetts Circular Letter.
John Dickinson: Founding Father from Pennsylvania. He wrote a series of essays called “Letters from a Farmer in Pennsylvania,” which rekindled interest in the issue of taxation without representation during the Townshend Acts. He oversaw the drafting of the Articles of Confederation.
Massachusetts Circular Letter: Penned by Samuel Adams, it was a response to the Townshend Acts and the resulting writs of assistance. It demanded the Townshend Act be immediately repealed. Widely circulated, it rejuvenated boycotts of British goods.
Boston Massacre: A landmark incident on March 5, 1770 that helped alienate the American people from Parliament and King George III. Angered by the Quartering Act, a crowd of Bostonians harassed the British troops guarding a local customs house. The guards fired upon the crowd, killing five and wounding six protesters. John Adams would defend the guards tried for this incident and secure their acquittal.
Committees of Correspondence: A means by which Patriots could circulate letters of protest against British policies. It functioned as a kind of shadow opposition government in the runup to the American Revolutionary War. Vital in organizing the Continental Congress.
Gaspee Affair: The Gaspee was a British warship commissioned to capture vessels carrying smuggled goods before they reached the colonies. The Gaspee ran aground on the shores of Rhode Island. The Sons of Liberty set fire to the boat, and event celebrated throughout coastal colonial towns as a victory for the tax-burdened consumer.
Tea Act: A 1773 law that actually lowered the price of tea, but colonists were now wary of any British attempt to collect revenue. They refused to purchase the tea. See: Boston Tea Party.
Boston Tea Party: In protest of the Tea Act, Bostonians dressed as American Indians boarded British merchant ship and dumped their tea into Boston Harbor. Resulted in closure of the Harbor, the colonial charter of Massachusetts being revoked, and the Quartering Act.
Quebec Act: A 1774 act of Parliament that which allowed the former French region to expand its borders, taking away potential lands from colonists in the Ohio River Valley. Even more offensive to the largely Protestant colonists, it also allowed Quebec citizens to practice Catholicism freely. See: Intolerable Acts.
Intolerable Acts: A colonial term for a number of punitive laws passed by the British Parliament in response to the Boston Tea Party. See: Quebec Act, Tea Act, Thomas Gage.
The American Revolution
Declaration and Resolves: An attempt by the First Continental Congress to reconcile the Thirteen Colonies with the British Empire. Addressed to King George III, it urged him to correct the wrongs incurred by the colonists while simultaneously acknowledging the authority of Parliament to regulate colonial trade and commerce.
First Continental Congress: Organized in 1774 as a response to the Intolerable Acts, colonial leaders managed to urge their colonies to expand military reserves and organize boycotts of British goods in the meantime. See: Declaration and Resolves.
Thomas Gage: British general. Led the British response to Pontiac’s Rebellion. Served as military governor of Massachusetts (1774–1775) to enforce the Intolerable Acts. Led British forces at Lexington and Concord, as well as Bunker Hill. Replaced in 1775 by William Howe.
American Revolution: An anti-colonial revolt (1765–1773) where the Thirteen Colonies threw off the yoke of the British Empire and established the United States of America. Distinct from but related to the American Revolutionary War (1775–1783). Its beginning is traced to the aftermath of the French and Indian War, when Britain sought to resolve the debt that war had created.
Declaration of the Causes and Necessities of Taking Up Arms: A document published by the Continental Congress on July 6, 1775. It justified the raising of a professional colonial military force and urged King George III a second time to consider colonial grievances.
King George III: King of Great Britain and Ireland. He reigned from 1760 to 1820. Dismissed attempts by the Second Continental Congress to peacefully resolve their conflict with Parliament on the grounds that the colonies had no authority to form such a body.
Olive Branch Petition: A July 1775 statement by the Continental Congress that reasserted colonial loyalty to King George III and asked him to intervene with Parliament on the colonies’ behalf. The king refused to recognize the legitimacy of the Congress to make any such request.
Thomas Paine: An English-born political activist in the American and French Revolutions. Author of Common Sense.
Common Sense: A pamphlet that used Enlightenment philosophy to argue that it would be contrary to common sense to allow British injustices to continue. Written and published in January 1776 by Thomas Paine.
Enlightenment: An eighteenth-century philosophical and intellectual movement which prized reason. It challenged traditional notions of reflexive obedience to the Church and to monarchy, and laid the groundwork for the scientific revolution and Industrial Revolution. See: Benjamin Franklin, Common Sense, Declaration of Independence, French Revolution.
Second Continental Congress: An assembly of delegates from across the Thirteen colonies (1775–1781). It passed the Declaration of Independence and the Articles of Confederation.
Richard Henry Lee: A delegate at the First and Second Continental Congress. On June 7, 1776, he famously made an official motion calling for the colonies to declare independence.
Thomas Jefferson: Founding Father. Authored the Declaration of the Independence. First Secretary of State (1779–1781). Second Vice President (1797–1801). Helped found the Democratic-Republican Party in 1794. Co-authored the Kentucky and Virginia Resolutions.
Declaration of Independence: Announced the colonies’ official break from England, making the United States a country in its own right. It contained a preamble that heavily reflected Enlightenment philosophy regarding natural rights, as well as 27 grievances and charges of wrongdoing directed at the crown and Parliament. See: Gettysburg Address.
Patriots: Activists for independence from the British Empire. Mostly young New Englanders and Virginians. Often did not have significant status in society. Many volunteered their time to the Continental Army, typically without pay.
Tories: A British political party which controlled Parliament throughout the American Revolutionary War. Led by Lord North. Lost a vote of no confidence in March 1782 following the British defeat at the Siege of Yorktown. Power was transferred to the Whigs.
Benedict Arnold: A general in the American Revolutionary War. He participated in the Capture of Fort Ticonderoga and the Battle of Saratoga. Most infamously remembered for defection to the British, which caused his name to become a byword for treason.
Horatio Gates: American general in the Revolutionary War. He shares credit with Benedict Arnold for winning the most important battle of the war: the Battle of Saratoga.
Battle of Saratoga: An umbrella term for two battles fought 18 days apart in Autumn 1777. British forces under General Burgoyne attacked U.S. forces led by Horatio Gates and Benedict Arnold. The British were eventually forced to retreat. News of the American victory led to the introduction of French aid, reshaping the entire war.
Whigs: A British political party which took control of Parliament from the Tories, and negotiated peace terms with the colonists. Distinct from the later American political party of the same name.
Treaty of Paris (1783): Treaty which officially ended the American Revolutionary War. The U.S. agreed to repay debts to British merchants and promised not to punish Loyalists who chose to remain in the United States. Formal recognition of the United States as an independent country. Set the geographic boundaries between the British Empire and the United States.
American Indians During and After the Revolution
Miami Confederacy: A collection of American Indian tribes in the eighteenth century. In the Northwest Indian War (1785–1795), a military alliance led by Little Turtle and Blue Jacket attempted to resist the expansion of the U.S. into the Old Northwest territory.
Little Turtle: War chief of the Miami Confederacy during the Northwest Indian War. Along with Blue Jacket, he informed Americans that the Confederacy considered the Ohio River the northwestern boundary of the newfound United States. At St. Clair’s Defeat, his troops killed over a thousand U.S. officers and soldiers in the largest American Indian victory in history. See: Battle of Fallen Timbers.
Battle of Fallen Timbers: The final battle of the Northwest Indian War, fought against the Miami Confederacy. Led to the Treaty of Greenville. The forces under “Mad Anthony” Wayne, recruited after St. Clair’s Defeat, would form the core of what became the United States Army.
Treaty of Greenville: A 1795 treaty in which 12 American Indian tribes ceded vast areas of the Old Northwest to the federal government, including most of what is now Indiana and Ohio. In return, the tribes of the Miami Confederacy were given an initial payment of $20,000 and an annual payment of $9,000. Ended the Northwest Indian War.
The Impact of the Enlightenment
John Locke: A British philosopher whose theory of natural rights challenged the absolute and divine rule of kings and queens by asserting that all men should be ruled by natural laws, and that sovereignty was derived from the will of those governed. Locke went on to assert that the governed have a responsibility to rebel against a government that fails to protect the natural rights of life, liberty, and property. See: Enlightenment.
John Adams: Second President. Served 1791–1801. First Vice President (1789–1797). Lobbied for declaring independence at the Continental Congress. Signed the Alien and Sedition Acts, and built up the armed forces during the Quasi-War. Died on July 4, 1826, the same day as his friend and political rival Thomas Jefferson. See: Boston Massacre, midnight judges.
Separation of powers: An Enlightenment concept advocated by the French philosopher Montesquieu in his seminal 1748 work The Spirit of the Laws. It is the idea that a government’s power should be divided into multiple branches that balance and check each other.
Direct democracy: A form of democracy in which the people directly vote on matters of policy, rather than electing delegates to decide for them as in representative democracy.
The Articles of Confederation
Articles of Confederation: The first constitution of the U.S., drafted alongside the Declaration of Independence but by a separate committee. It strongly favored states’ rights and forbid Congress from levying taxes. Ratified in 1781. Replaced by the Constitution following Shays’ Rebellion. See: Northwest Ordinance of 1787.
Supermajority: A majority greater than one half, typically two-thirds.
Land Ordinance of 1785: Established the basis for the Public Land Survey System whereby settlers could purchase land in the undeveloped West. It required new townships to set aside a parcel of land reserved for public education. At this time, Congress did not have the power to raise revenue via taxes, so this Ordinance created a local mechanism for funding public education. See: Department of Education.
Northwest Ordinance of 1785: A rare triumph under the Articles of Confederation, it established guidelines for attaining statehood: territories with at least 60,000 people could apply for statehood. If accepted by Congress, the new state would have equal status with other states. It banned slavery north of the Ohio River and east of the Mississippi, thereby guaranteeing future free states in the Midwest.
Daniel Shays: Massachusetts farmer and Revolutionary War veteran. He led a short-lived populist uprising that demanded tax and debt relief. Pardoned in 1788. See: Shays’ Rebellion.
Shays’ Rebellion: An insurrection in Massachusetts (1786–1787) over oppressive taxes and debt collectors. Led by Daniel Shays. It helped spur the Constitutional Convention.
The Constitutional Convention
James Madison: Founding Father from Virginia. Known as the “Father of the Constitution” for his role in drafting it and the Bill of Rights. Contributed to the Federalist Papers. Co-founded the Democratic-Republican Party.
Alexander Hamilton: Founding Father and co-author of the Federalist Papers. As the first Secretary of the Treasury, he set out to repair the nation’s credit and overall financial health. Favored a strong executive, strong military, and political centralization. See: Whiskey Rebellion.
Constitutional Convention: A meeting that took place in Philadelphia from May 25 to September 17, 1787. Ostensibly called to amend the Articles of Confederation, the majority of the delegates arrived with the intention to simply draft a new constitution, one which is still in use to the modern-day. See: Connecticut Compromise, New Jersey Plan, Virginia Plan.
Robert Morris: Founding Father and noted financier of the American Revolution. Signed the Declaration, the Articles of Confederation, and the Constitution. Declined to become the first Treasury Secretary, instead recommending Alexander Hamilton.
Charles Pinckney: A South Carolinian notable for his role at the Constitutional Convention, where he helped introduce the Fugitive Slave Clause and the “no religious test” clause for public officers. Later negotiated Pinckney’s Treaty with Spain.
George Mason: Founding Father from Virginia. One of three delegates at the Constitutional Convention who refused to sign the final document. He objected to its lack of a Bill of Rights, and wanted an immediate end to the slave trade (while supporting slavery itself). His 1776 Virginia Declaration of Rights would strongly influence the French Revolution’s Declaration of the Rights of Man and of the Citizen.
Political parties: Political factions within a republican government. The Founding Fathers generally warned against such factions. However, parties quickly arose in Washington’s first term. The U.S. is noted for its enduring two-party system. There are five recognized party systems, although a Sixth Party System (starting in the late 1960s) is sometimes also listed.
Edmund Randolph: Founding Father. A Virginian who would become the first Attorney General and second Secretary of State. Proposed the Virginia Plan at the Constitutional Convention.
Virginia Plan: A plan put forth by Edmund Randolph at the Constitutional Convention that favored larger states. It called for representation in both legislative houses to be based solely on population: proportional representation. See: New Jersey Plan, Connecticut Compromise.
William Paterson: Founding Father. A New Jersey statesman who put forth the New Jersey Plan at the Constitutional Convention in rebuttal of the Virginia Plan.
New Jersey Plan: A proposal by William Paterson at the Constitutional Convention. It called for equal representation in the legislative branch, regardless of the number of citizens of a state, in one legislative body. This structure would be similar to that under the Articles of Confederation.
Roger Sherman: Founding Father from Connecticut. Proposed the Connecticut Compromise, which provided the basis for the structure of the legislative branch.
Connecticut Compromise: Also known as the Great Compromise of 1787, or the Sherman Compromise. A proposal at the Constitutional Convention that membership in one branch of the legislature be based on state population, and the other branch (the Senate) have equal representation for all states, with each state having one vote. See: Roger Sherman.
House of Representatives: The lower chamber of the United States Congress. Representation is proportional to population. Its size varied over the decades, but was fixed at the current membership of 435 seats by the Reapportionment Act of 1929. See: Connecticut Compromise.
Senate: The upper chamber of the United States Congress. Representation is by state. Each state has two Senators regardless of population. Until 1913, Senators were appointed by state legislatures. Named for the Roman Senate, upon which it is based. See: Connecticut Compromise.
Electoral College: A compromise at the Constitutional Convention regarding how to elect the president. Electors cast votes as representatives of their states, which delegates believed would protect the election process from corruption and the influence of factions (political parties).
Three-Fifths Compromise: Infamous compromise at the Constitutional Convention. It held that enslaved person in the South was counted as three-fifths of a person. In addition, the South conceded to the end of the legal importation of slaves in 1808.
The Debate over Ratification
Ratification: The act of giving official certification to a law or treaty. In this period, it often refers to the process of ratifying the U.S. Constitution. Approval from at least nine states was required to ratify new constitution, an infringement on state sovereignty as seen by the Anti-Federalists.
Federalists: Supported an orderly, efficient central government that could protect their economic status; these well-organized leaders often wielded significant political control. Members included George Washington, Benjamin Franklin, and Alexander Hamilton. An early political party. See: Anti-Federalists, Alien and Sedition Acts.
Anti-Federalists: A post-revolutionary political faction that were wary of centralization and infringements upon individual liberties, especially when it came to taxation. Their criticism spurred the creation of the Bill of Rights, and they would go on to contribute to the formation of the Democratic-Republicans.
John Marshall: Founding Father. The fourth Chief Justice of the Supreme Court (1801–1835). Cemented the concept of judicial review, making the judicial branch coequal to the executive and legislative. A Federalist, his rulings reinforced the supremacy of federal law. See: Marbury v. Madison.
Bill of Rights: Umbrella term for the first 10 Amendments to the U.S. Constitution. It explicitly lists protections for individual rights and state sovereignty. Created to secure the support of Anti-Federalists in ratifying the U.S. Constitution, which initially had no such guarantees.
John Jay: Founding Father from New York. President of the Second Continental Congress. First Chief Justice (1989–1795). An early leader in the Federalist Party. Contributed to the Federalist Papers. See: Jay’s Treaty.
Federalist Papers: A collection of letters written in the late 1780s urging ratification of the Constitution. Authors include Alexander Hamilton, James Madison, and John Jay.
Washington’s Presidency and the New Republic
Henry Knox: Secretary of War in Washington’s cabinet. Recruited “Mad Anthony” Wayne to reorganize U.S. military forces in the Northwest Indian War after the fiasco of St. Clair’s Defeat.
Judiciary Act of 1789: Established the structure of the Judiciary Branch, with the Supreme Court consisting of one presiding chief justice and five associate justices. It also provided for the establishment of 13 District Courts and three Circuit Court of Appeals. See: Marbury v. Madison.
Marbury v. Madison: 1803 ruling that stated Congress cannot pass laws that are contrary to the Constitution, and that it is the judicial system’s job to interpret what the Constitution permits. Overturned a clause in the Judiciary Act of 1789 that granted the Supreme Court the power to command any subordinate government authority to take or not take an action that is that authority’s legal duty.
Tariff Act of 1789: A tariff on imports. Northerners favored a higher rate to protect their manufacturing industry from foreign encroachment, while Southern farmers wanted a lower rate to provide for cheaper consumer goods.
Excise taxes: Taxes paid when purchases are made on a specific good. See: Whiskey Rebellion.
Whiskey Rebellion: An early test of the American government’s power under the new Constitution. Angered by the Federalist government’s excise tax imposed on distilled liquors such as whiskey, farmers in western Pennsylvania rebelled over being taxed by a government that seemingly did not represent them. Quickly defeated, it proved the new central government’s power to stop rebellions and maintain peace. See: Shays’ Rebellion.
Bank of the United States: A national bank in which the federal government held the major financial interest. The national treasury would keep its deposits in the bank, keeping the funds safe and available as loanable funds. The brainchild of Alexander Hamilton. Opposed by Thomas Jefferson on Constitutional grounds.
Democratic-Republicans: Also called Jeffersonian Republicans. Founded by Anti-Federalists and agrarian interests, it was a political party that championed states’ rights and the viewpoint of the common man. A later splinter would become the modern Democratic Party.
French Revolution: A period of massive upheaval in 1789–1799 in which the French overthrew their monarchy and established a republic, which in turn gave rise to Napoleon. One of the most important events in world history, it led to the spread of republicanism and Enlightenment ideas. Partly triggered by the debts incurred by France aiding American revolutionaries.
Proclamation of Neutrality of 1793: A declaration of neutrality in the ongoing conflicts between Britain and France resulting from the French Revolution. Supported by Washington and Hamilton. Decried by Jefferson and Madison.
Jay’s Treaty: Negotiated by Chief Justice John Jay in 1794 but shaped by Hamilton, it realized several American economic goals, including the removal of British forts in the Northwest Territory. Britain also benefited, as the treaty gave “most favored nation” trading status to Britain and allowed them to continue anti-French maritime policies. Both the Democratic-Republicans and the French were angered by the treaty, which was authorized for 10 years.
Pinckney’s Treaty: A treaty between the U.S. and Spain, ratified in 1796. It negotiated a settlement of boundary, right of navigation along the Mississippi River, and right to deposit goods for transportation at the Port of New Orleans. The Spanish made these concessions in order to avoid a possibly alliance between its rival, Britain, and the United States.
Farewell Address: An open letter penned by George Washington in 1797. It warned the American people to remain neutral with regard to European affairs, to avoid entangling alliances, and to refrain from the formation of political parties. See: French Revolution.
Adams as Second President
XYZ Affair: A major political scandal. Three agents of French Foreign Minister Talleyrand—only identified as X, Y, and Z—demanded a large sum of money as a loan and an additional bribe from an American diplomatic delegation just for the opportunity to speak with French officials. The delegation refused to comply. Led to the Quasi-War.
Alien and Sedition Acts: Laws passed by Congress in 1789. The Alien Acts increased the residency requirement for citizenship from 5 to 14 years and gave the president power to detain and/or deport enemy aliens during wartime. The Sedition Act criminalized the making of false statements that were critical of the president or of Congress. Both acts were an attempt by the Federalists to silence the Democratic-Republicans. See: Kentucky and Virginia Resolutions.
Kentucky Resolution: One of two notable responses to the Alien and Sedition Acts. Covertly written by Thomas Jefferson, it declared that states could overrule federal law, as the U.S. Constitution drew its powers only from what the sovereign states delegated to it. An important precedent for later acts of nullification. See: Virginia Resolution.
Virginia Resolution: One of two notable responses to the Alien and Sedition Acts. Covertly written by James Madison, it declared that states could overrule federal law, as the U.S. Constitution drew its powers only from what the sovereign states delegated to it. An important precedent for later acts of nullification. See: Kentucky Resolution.
green green green green green
red red red red red
brown brown brown brown brown
pink pink pink pink pink
purple purple purple purple purple
yellow yellow yellow yellow yellow
black black black black black
white white white white white
blue blue blue blue blue
orange orange orange orange orange
green brown pink purple red yellow black white blue orange
green, brown, pink, purple, red, yellow, black, white, blue, orange
October arrived, spreading a damp chill over the grounds and into the castle. Madam Pomfrey, the nurse, was kept busy by a sudden spate of colds among the staff and students. Her Pepperup potion worked instantly, though it left the drinker smoking at the ears for several hours afterward. Ginny Weasley, who had been looking pale, was bullied into taking some by Percy. The steam pouring from under her vivid hair gave the impression that her whole head was on fire.
Raindrops the size of bullets thundered on the castle windows for days on end; the lake rose, the flower beds turned into muddy streams, and Hagrid's pumpkins swelled to the size of garden sheds. Oliver Wood's enthusiasm for regular training sessions, however, was not dampened, which was why Harry was to be found, late one stormy Saturday afternoon a few days before Halloween, returning to Gryffindor Tower, drenched to the skin and splattered with mud.
Even aside from the rain and wind it hadn't been a happy practice session. Fred and George, who had been spying on the Slytherin team, had seen for themselves the speed of those new Nimbus Two Thousand and Ones. They reported that the Slytherin team was no more than seven greenish blurs, shooting through the air like missiles.
As Harry squelched along the deserted corridor he came across somebody who looked just as preoccupied as he was. Nearly Headless Nick, the ghost of Gryffindor Tower, was staring morosely out of a window, muttering under his breath, ". . . don't fulfill their requirements . . . half an inch, if that . . ."
"Hello, Nick," said Harry.
"Hello, hello," said Nearly Headless Nick, starting and looking round. He wore a dashing, plumed hat on his long curly hair, and a tunic with a ruff, which concealed the fact that his neck was almost completely severed. He was pale as smoke, and Harry could see right through him to the dark sky and torrential rain outside.
"You look troubled, young Potter," said Nick, folding a transparent letter as he spoke and tucking it inside his doublet.
"So do you," said Harry.
"Ah," Nearly Headless Nick waved an elegant hand, "a matter of no importance. . . . It's not as though I really wanted to join. . . . Thought I'd apply, but apparently I 'don't fulfill requirements' -"
In spite of his airy tone, there was a look of great bitterness on his face.
"But you would think, wouldn't you," he erupted suddenly, pulling the letter back out of his pocket, "that getting hit forty-five times in the neck with a blunt axe would qualify you to join the Headless Hunt?"
"Oh - yes," said Harry, who was obviously supposed to agree.
"I mean, nobody wishes more than I do that it had all been quick and clean, and my head had come off properly, I mean, it would have saved me a great deal of pain and ridicule. However -" Nearly Headless Nick shook his letter open and read furiously: "'We can only accept huntsmen whose heads have parted company with their bodies. You will appreciate that it would be impossible otherwise for members to participate in hunt activities such as Horseback Head-Juggling and Head Polo. It is with the greatest regret, therefore, that I must inform you that you do not fulfill our requirements. With very best wishes, Sir Patrick Delaney-Podmore.'"
Fuming, Nearly Headless Nick stuffed the letter away.
"Half an inch of skin and sinew holding my neck on, Harry! Most people would think that's good and beheaded, but oh, no, it's not enough for Sir Properly Decapitated-Podmore."
Nearly Headless Nick took several deep breaths and then said, in a far calmer tone, "So - what's bothering you? Anything I can do?"
"No," said Harry. "Not unless you know where we can get seven free Nimbus Two Thousand and Ones for our match against Sly -"
The rest of Harry's sentence was drowned out by a high-pitched mewling from somewhere near his ankles. He looked down and found himself gazing into a pair of lamp-like yellow eyes. It was Mrs. Norris, the skeletal gray cat who was used by the caretaker, Argus Filch, as a sort of deputy in his endless battle against students.
"You'd better get out of here, Harry," said Nick quickly. "Filch isn't in a good mood - he's got the flu and some third years accidentally plastered frog brains all over the ceiling in dungeon five. He's been cleaning all morning, and if he sees you dripping mud all over the place -"
"Right," said Harry, backing away from the accusing stare of Mrs. Norris, but not quickly enough. Drawn to the spot by the mysterious power that seemed to connect him with his foul cat, Argus Filch burst suddenly through a tapestry to Harry's right, wheezing and looking wildly about for the rule-breaker. There was a thick tartan scarf bound around his head, and his nose was unusually purple.
"Filth!" he shouted, his jowls aquiver, his eyes popping alarmingly as he pointed at the muddy puddle that had dripped from Harry's Quidditch robes. "Mess and muck everywhere! I've had enough of it, I tell you! Follow me, Potter!"
So Harry waved a gloomy good-bye to Nearly Headless Nick and followed Filch back downstairs, doubling the number of muddy footprints on the floor.
Harry had never been inside Filch's office before; it was a place most students avoided. The room was dingy and windowless, lit by a single oil lamp dangling from the low ceiling. A faint smell of fried fish lingered about the place. Wooden filing cabinets stood around the walls; from their labels, Harry could see that they contained details of every pupil Filch had ever punished. Fred and George Weasley had an entire drawer to themselves. A highly polished collection of chains and manacles hung on the wall behind Filch's desk. It was common knowledge that he was always begging Dumbledore to let him suspend students by their ankles from the ceiling.
Filch grabbed a quill from a pot on his desk and began shuffling around looking for parchment.
"Dung," he muttered furiously, "great sizzling dragon bogies . . . frog brains . . . rat intestines . . . I've had enough of it . . . make an example . . . where's the form . . . yes . . ."
He retrieved a large roll of parchment from his desk drawer and stretched it out in front of him, dipping his long black quill into the ink pot.
"Name . . . Harry Potter. Crime . . ."
"It was only a bit of mud!" said Harry.
"It's only a bit of mud to you, boy, but to me it's an extra hour scrubbing!" shouted Filch, a drip shivering unpleasantly at the end of his bulbous nose. "Crime . . . befouling the castle . . . suggested sentence . . ."
Dabbing at his streaming nose, Filch squinted unpleasantly at Harry who waited with bated breath for his sentence to fall.
But as Filch lowered his quill, there was a great BANG! on the ceiling of the office, which made the oil lamp rattle.
"PEEVES!" Filch roared, flinging down his quill in a transport of rage. "I'll have you this time, I'll have you!"
And without a backward glance at Harry, Filch ran flat-footed from the office, Mrs. Norris streaking alongside him.
Peeves was the school poltergeist, a grinning, airborne menace who lived to cause havoc and distress. Harry didn't much like Peeves, but couldn't help feeling grateful for his timing. Hopefully, whatever Peeves had done (and it sounded as though he'd wrecked something very big this time) would distract Filch from Harry.
Thinking that he should probably wait for Filch to come back, Harry sank into a moth-eaten chair next to the desk. There was only one thing on it apart from his half-completed form: a large, glossy, purple envelope with silver lettering on the front. With a quick glance at the door to check that Filch wasn't on his way back, Harry picked up the envelope and read: A Correspondence Course in Beginners' Magic
Intrigued, Harry flicked the envelope open and pulled out the sheaf of parchment inside. More curly silver writing on the front page said: Feel out of step in the world of modern magic? Find yourself making excuses not to perform simple spells? Ever been taunted for your woeful wandwork? There is an answer! Kwikspell is an all-new, fail-safe, quick-result, easy-learn course. Hundreds of witches and wizards have benefited from the Kwikspell method! Madam Z. Nettles of Topsham writes: "I had no memory for incantations and my potions were a family joke! Now, after a Kwikspell course, I am the center of attention at parties and friends beg for the recipe of my Scintillation Solution!" Warlock D. J. Prod of Didsbury says: "My wife used to sneer at my feeble charms, but one month into your fabulous Kwikspell course and I succeeded in turning her into a yak! Thank you, Kwikspell!"
Fascinated, Harry thumbed through the rest of the envelope's contents. Why on earth did Filch want a Kwikspell course? Did this mean he wasn't a proper wizard? Harry was just reading "Lesson One: Holding Your Wand (Some Useful Tips)" when shuffling footsteps outside told him Filch was coming back. Stuffing the parchment back into the envelope, Harry threw it back onto the desk just as the door opened.
The Master of Business Administration (MBA or M.B.A.) degree originated in the United States in the early 20th century when the country industrialized and companies sought scientific approaches to management. The core courses in an MBA program cover various areas of business such as accounting, applied statistics, business communication, business ethics, business law, finance, managerial economics, management, entrepreneurship, marketing and operations in a manner most relevant to management analysis and strategy. Most programs also include elective courses and concentrations for further study in a particular area, for example accounting, finance, and marketing. MBA programs in the United States typically require completing about sixty credits, nearly twice the number of credits typically required for degrees that cover some of the same material such as the Master of Economics, Master of Finance, Master of Accountancy, Master of Science in Marketing and Master of Science in Management, The MBA is a terminal degree and a professional degree. Accreditation bodies specifically for MBA programs ensure consistency and quality of education. Business schools in many countries offer programs tailored to full-time, part-time, executive (abridged coursework typically occurring on nights or weekends) and distance learning students, many with specialized concentrations.
The fax detects an active telephone line:
An active phone line was not detected.
Please check the items b elow. and then rerun this test.
HP recommends using the telephone cord that came with the product.
Verify that the fax cord is securely connected between the telephone jack and the product (or another device that is connected tho the product).
Disconnect the product form the jaxck in the wall. and then connect a telephone to the jack. Try to make a voice call to verify that the telephone line is working. Connect the product to a different phone line.
Try a different phone cord.
Remove any phgone line splitters that are in use.
Ensure that a filter is installed if using DSL.
