Building the New Nation

The Confederation and the Constitution

1776-1790

Chapter 9

I. The Pursuit of Equality

More evolution than revolution Most not disturbed by fighting Changes in social customs, political

institutions, ideas about society, government and gender

Loyalist exodus removed conservative upper class, allowed for more egalitarian ideas

New patriot elite emerges

The“VirtuousRepublic”

Classical view of

a model republic

“City on a hill”

[John Winthrop]Ideal citizen

[Cincinnatus]

1. Govt. gets its authority from the citizens.

2. A selfless, educated citizenry.

3. Elections should be frequent.4. Govt. should guarantee

individual rights & freedoms.5. Govt.’s power should be

limited [checks & balances].6. The need for a written

Constitution.7. “E Pluribus Unum.” [“Out of

many, one”]8. An important role for women

raise good, virtuous citizens.[“Republican Womanhood”].

EnlightenmentThinking

I. Pursuit of Equality After Revolution, most states reduced property qualifications for

voting By 1800 indentured servitude unknown Growth of trade organizations, removal of inheritance laws

(primogeniture) The fight for separation of church and state resulted in notable

gains. Congregational church continued to be legally established (tax

supported) by some New England states Anglican Church, reformed as the Protestant Episcopal Church Fight for separation fierce in VA, Virginia Statute of Religious

Freedom (1786)

I. Pursuit of Equality Challenges to institution of slavery 1775 Quakers est. first antislavery

society 1774 Continental Congress called for

abolition of slave trade Many northern states called for

abolition or gradual emancipation No state south of Penn. abolished

slavery Laws discriminated against free blacks

and slaves (jobs, education, marriage) Idealism of freedom sacrificed for

political expediency, fight would fracture national unity

I. Pursuit of Equality Women still were unequal to men,

even though some had served (disguised as men) in the Revolutionary War.

Achievements for women such as New Jersey’s 1776 constitution which allowed women to vote (for a time).

Mothers devoted to their families developed idea of “republican motherhood” , elevated women to higher status, keepers of the nation’s conscience

Women raised the children, held the future of the republic in their hands

II. Constitution Making in the States 1776- Continental Congress called upon states to draft constitutions,

form governments Sovereignty would come from people, contracts defined powers of

government States had written documents that represented a fundamental law. Many had a bill of rights, required annual election of legislators. All of them deliberately created weak executive and judicial

branches, distrust of central power In most states, the legislative branch given sweeping powers

Thomas Jefferson, warned “173 despots [in legislature] would surely be as oppressive as one.”

Many state capitals followed the migration of the people and moved westward, as in New Hampshire, New York, Virginia, the Carolinas, and Georgia.

Movement reflected recently enfranchised poorer districts away from seaports

III. Economic Crosscurrents After war states seized Loyalist, crown

lands Easily available land spread economic

democracy, this preceded political democracy

War caused American manufacturers to make their own goods (British trade cut off)

America remained agriculturalist by a large degree.

Prior to war, Americans had great trade with Britain, and now they didn’t, could now trade with foreign countries, a privilege they didn’t have before.

Yankee shippers ventured into far off places (East Asian markets)

Inflation was a problem Many worse off financially War caused dislike of taxes and law

IV. Shaky Start Toward Union Revolution caused responsibility of creating and operating new central

government America more a name than nation New patriot elite open to ideas of experimentation and innovation in government 1784-1786- low point for new republic British flood Americas with cheap goods, American industry suffered However, the states all did share similar constitutions, had a rich political

inheritance from Britain Revolution provided opportunity for Washington, Madison, Jefferson, Hamilton,

and John Adams, became great political leaders

V. Creating a Confederation

13 sovereign states coined money, raised armies, erected tariff barriers

1777-Articles of Confederation adopted 1781- ratified by all states Main problem- what to do with western lands? Some states had holdings west of Allegheny Mts.,

some did not Land rich could sell off land to pay debts, others had

to tax heavily to raise revenue

V. Creating a Confederation States eventually

surrendered land to central government

Used to make future states

Result was that it bonded union to central authority

Pioneers bought land from federal government, benefit to nation

Weakened state powers

VI. Articles of Confederation: America’s First Constitution Loose confederation, acted together to deal with

common problems (foreign defense)A. No executive, judiciary left up to statesB. Each state one voteC. Hard to amendD. No power to regulate commerce, states had different

trade lawsE. No power to tax, states paid what they wanted National government could not control states Positives of Confederation- Outlined general

powers of government, provided idea of union

VII. Landmarks in Land Law Congress of Confederation

passed farsighted legislation, dealt with public domain of Old Northwest

Land Ordinance of 1785 1. land sold to settlers to pay

public debt2. land surveyed before sale

and settlement, led to orderly settlement

3. sixteenth section set aside to benefit education

VII. Landmarks in Land LawsNorthwest Ordinance 1787 Dealt with how to govern new territory Congress appointed 3 judges & a governor to govern the

territory. When population reached 5,000 adult male landowners

elect territorial legislature. When population reached 60,000 elect delegates to a state

constitutional convention, with all privileges of other states Forbid slavery in Old Northwest Ideas carried to other frontier areas

VIII. World’s Ugly Duckling

British- refused to repeal navigation laws, closed trade to US in the West Indies

Along northern frontier held trading posts on US soil, agitated Indians that kept US from effectively settling territory

British justified action because Americans failed to keep promises about debts and Loyalists

Some wanted to impose restrictions on British imports but Congress could not control imports

VIII. World’s Ugly Duckling

Spain- openly unfriendly to US

1784- Closed MS River, people in KY, TN and Old Northwest could not ship goods

Claimed large area of territory granted to US by British

Schemed with and agitated Indians to be hostile with US settlers

VIII. World’s Ugly Duckling France demanded payment of debts,

restricted trade with West Indies Pirates of North African States (Barbary

States) took American ships, enslaved Yankee sailors

America too poor to bribe officials to get release of sailors

Too weak to stop them

VIII. The Horrid Specter of Anarchy 1780’s ability of national government to

collect money was limited Interest on debt piling up, nation’s credit

evaporating abroad States had trade disagreements, levying

duties on goods from neighbors, states issued depreciated paper currency

Problems came to a head in Shay’s Rebellion in 1786

VIII. The Horrid Specter of Anarchy

1786- Farmers in western Mass. losing farms to taxes and foreclosure

Daniel Shay’s led group of agitators to enforce demands

Mass. authorities raise army and put down rebellion

After rebellion legislature passes debt relief laws

VIII. The Horrid Specter of Anarchy Rebellion terrified propertied classes Revolution created monster of “mobocracy” Stronger central government needed Conservatives wanted to protect position, property Debtors, poorer people wanted feared powerful

central government (would have to pay debts) All groups agree need to change, question was

how? How would nationalists and states rightists be

reconciled?

IX. A Convention of Demigods 1786- Convention called in Ananapolis, MD to

figure out what to do about interstate commerce 5 of 13 states show up, could not do anything to

solve problem Alexander Hamilton asked Congress to call a

convention to rework the Articles Congress reluctant, states elect delegates

anyway

IX. A Convention of Demigods Only Rhode Island did not send delegates

May 1787- 55 delegates meet in Philadelphia

George Washington leader, Ben Franklin elder statesman

Washington legitimized convention

Sessions held in secret James Madison, age 36, known

as father of Constitution, profound student of government

Alexander Hamilton, 32, advocate of super powerful central government

X. Patriots in Philadelphia 55 delegates Conservative, wealthy (lawyers, merchants, land

speculators) Young- avg. age 42 19 owned slaves Nationalists, wanted stable political structure Central authority needed genuine power Wanted to preserve union, protect property from

“mobocracy”, curb unrestrained democracy Wanted central government to control nation,

international commerce

XI. Hammering Out a Bundle of Compromises Began to completely scrap Articles Overthrow existing government by peaceful means Large state plan vs. small state plan over

representation in legislative branch Deadlock broken by Great Compromise ( 2 house

legislature on represented by population, one all representation equal)

Executive branch created, but power check by legislative branch

Indirect method of electing president (prevented unrestrained democracy)

XI. Hammering Out a Bundle of CompromisesSectional Problems How to count slaves? 3/5 Compromise- gave southern states more power (counted

slaves as 3/5 of citizen) North – Congress should be able to regulate foreign and

interstate trade South – Thought Congress would tax exports (goods sold to

other countries) South sold agricultural products to other countries, would cost

them $$$ South worried Congress would stop slaves from coming to US In a compromise, the southern states agreed that Congress

could regulate trade as long as they would not tax exports, interfere with the slave trade before 1807

XII. Safeguards for Conservatism All at convention agreed, needed stronger central government,

sound monetary policy, protection of private property, manhood suffrage

Put up safeguards to excesses of mob Federal judges selected for life, indirect election of president, senate Only house of representatives elected by people Power based on consent of people, government limited by written

constitution People guarantee liberty, not the government

XIII. Clash of Federalists and Antifederalists Framers knew it would be hard to

ratify Constitution Plan was once 9 states ratify it

became law of the land Many surprised at new

constitution, saw power of states swallowed up

Antifederalists- against stronger federal government

Wanted states rights, typically backcountry people, poorer classes, saw Constitution as plan to steal their power

Insisted on Bill of Rights to protect individual freedoms

Federalists- from settled areas, wealthier, better educated, controlled established press

XIV. The Great Debate in the States Special Elections held in states Small states quickly ratify constitution Mass. First real challenge, many suspicious

of government power, worried about absence of Bill of Rights

Federalists said this would be taken care of and it passed

XV. The Four Laggard States VA fierce opposition, but realized it could not continue as an independent

state NY Series of articles published, The Federalist, seen as propaganda,

became the best commentary ever written on Constitution James Madison, Federalist No. 10, refuted conventional wisdom that

republican government was not possible in large territory NY shortly afterward ratified NC, RI always centers of individualism ratified in the end All four states realized they could not make it on their own

XVI. A Conservative Triumph Minority won twice- 1. Revolution to get rid of British2. Peaceful revolution to overthrow government (under

Articles) Only ¼ of adult males had property to vote Conservatism had erected safeguards against mob

rule, republican gains of revolution conserved, federalists restored economic and political stability

Every branch of government represented by the people (though indirectly in some cases), self limiting system of checks and balances

Reconciled conflicting principles of liberty and order Elevated ideals of Revolution and set boundaries on

them

Launching the New Ship of State1789-1800Chapter 10

I. Growing Pains Over a twelve year period Americans got rid of British

rule and established a central ruling authority they viewed as a necessary evil

New government had enormous debt, worthless paper money and unlimited potential

1789- population doubling every 25 years, coastal cities growing (Philadelphia, NY, Boston, Charleston)

90% rural, 5% lived west of Appalachian Mts. Most in KY,TN, OH

Foreign visitors looked down on Americans Western US territory- Spanish controlled mouth of MS

River, British agents moved about the Old Northwest stirring up trouble

II. Washington for President George Washington unanimously

drafted as president by Electoral College Commanded by strength of character,

not as a politician Established cabinet (not specifically

mentioned in Constitution) Three departments (War- Henry Knox,

Treasury- Alexander Hamilton, Sec. of State- Thomas Jefferson)

III. The Bill of Rights Antifederalists were promised Bill of Rights during ratification James Madison drafted them and pushed them through Congress 1791- ratified, safeguarded basic American principles (freedom of

religion, speech, assembly, petition, right to trial by jury, protection from cruel and unusual punishment and arbitrary seizure of private property by the government)

Ninth Amendment protected states rights, Tenth Amendment gave all rights not specified to the states

First Congress established federal courts, office of Attorney general and Supreme Court (John Jay first chief justice)

IV. Hamilton Revives the Corpse of Public Credit

Key figure in Washington’s government – Alexander Hamilton Loyalty questioned to America (America was his adopted country) Main rival Thomas Jefferson Hamilton a financial wizard, shaped fiscal policies to favor wealthier

groups First objective- restore national credit Wanted government to pay off debts at face value plus interest Raised revenue by selling bonds, raising excise taxes and tariffs Wanted Congress to assume debts of states, would chain states to

federal government States with heaviest debt were happy VA not happy with plan, made deal that if federal government assumed

debts they would get federal district for future nations capital

V. Hamilton Battles Jefferson for a Bank Hamilton proposed Bank of the United States Private institution, major stockholder US

government Treasury would deposit surplus monies in

bank Federal funds would stimulate business, print

money for sound, stable national currency Was it constitutional?

V. Hamilton Battles Jefferson for a Bank Jefferson against it, no specific authorization in Constitution, saw

those powers reserved for the states (strict construction) Hamilton believed what Constitution did not forbid it permitted,

invoked necessary and proper clause (loose construction) Hamilton prevailed, most support for the bank in northern

commercial and financial centers, agricultural south opposed bank 1791- Bank chartered for 20 years, stock was put on sale and it sold

out in less than 2 hours

VI. Mutinous Moonshiners in Pennsylvania

1794- Whiskey Rebellion flares in Penn. Over excise tax on whiskey

Whiskey was not a luxury but a medium of exchange, easier to transport as liquid than raw corn

Distillers defied taxes and tax collectors, brought collection to a halt

Washington called out militia of several states and put down rebellion

Showed the force of the federal government in stop insurrection, if citizens wanted change they needed to do it peacefully, constitutionally

VII. The Emergence of Political Parties Hamilton’s fiscal feats put the US on sound financial ground

We could borrow funds from European countries on good terms

Financial schemes seen as an infringement on states rights by some

Opposition began to build, rivalry between Hamilton and Jefferson became a political rivalry

Founders did not predict political parties, thought it would disrupt national unity

Formal parties a few years off in 1790’s Jefferson and Madison opposed programs of

Hamilton, newspapers spread their political message and political parties began to emerge

Competition for power good for democracy, creates balance, no group gets too much power

VIII. Washington's Proclamation of Neutrality French Revolution scared many Americans By mid-1790’s France entered war with British French wanted US to help defend West Indies D-R’S favored alliance Washington wanted to avoid war, US too weak,

politically not united 1793- Neutrality Proclamation- first formal

declaration of aloofness from European conflicts, US policy until 20th century

VIII. Washington's Proclamation of Neutrality Citizen Genet- French diplomat,

tried to raise armies to invade Spanish FL and LA, also BR Canada

Did not think neutrality reflected true wishes of Americans

Genet removed from US Neutral stance aided FR, they

needed our foodstuffs in West Indies, if we declared war on British they would blockade American coast and cut off all shipping

IX. Embroilments with Britain Policy of neutrality tried by British Kept forts on US soil, agitated Indians along frontier 1790-1791- Miami Confederacy attacks US soldiers 1794- Gen. “Mad Anthony” Wayne defeated Indians in the Battle of Fallen

Timbers (OH), forced them to sign Treaty of Greenville Confederacy gave up huge amounts of land in return for payment and

certain rights Royal navy seized American ships and sailors, angered Americans Federalists resisted efforts to punish British, would hurt American economy

X. Jay’s Treaty and Washington’s Farewell 1794- Chief Justice John Jay sent to

London Jeffersonians unhappy with decision Treaty favorable to British, BR

consented to abandon forts, pay for seizures of ships (did not promise to stop doing it)

Bound US to pay pre- Revolutionary debts, BR most favored status

Crystallized support for Jeffersonians Southerners would have to pay most

debt, northern shippers would collect money for damages

Pinckney’s Treaty 1795- Spain gave US access to Mississippi, disputed territory north of FL

X. Jay’s Treaty and Washington’s Farewell After second term Washington decided

to retire Began two term tradition of presidents 1796- Farewell Address published in

newspapers across countries Advised against “permanent alliances”,

favored temporary alliances Basic message was unity at home,

independence abroad Washington’s contributions enormous-

legitimized central government, kept nation out of war

US economy expanding and population was moving westward

XI. John Adams Becomes President Federalists turn to John Adams

(Hamilton not popular) D-R’s turn to Jefferson Political passion high, election based on

personality Adams squeezed through electoral

college Adams “prickly” intellectual, little appeal

to masses, hard to follow Washington Hamilton headed High Federalist party,

conspired against Adams

XII. Unofficial Fighting With France Inherited problems with France

Upset about Jay’s Treaty French seize American merchant ships Adams sends envoy’s to France to

reach agreement XYZ Affair (1797) Envoys approached by French agents

(X,Y,Z) demand bribe to meet with French prime minister

Way business done in Europe, negotiations broke down

US beginnings war preparations Navy Dept. created Marines reestablished, army authorized 1798-1800- most battles at sea French ships captured, American

merchant ships destroyed

XIII. Adams Put Patriotism Above Party France did not need another enemy British supplied Americans war

supplies Adams realized weak America

needed to avoid war 1799- sends envoys to France, again Napoleon now ruled France, wanted

to get rid of American problem Convention of 1800- ends alliance,

pay damage claims to American shippers

Adams kept America out of war, paved path to future acquisition of Louisiana

XIV. Federalist Witch Hunt 1798- Congress passes laws to

keep opposition quiet, Alien and Sedition Laws

Alien Laws- raises residence requirement of citizens

Violated traditional American open door policy and speedy assimilation

President could deport, imprison dangerous foreigners

Viewed as an arbitrary grant of power, laws never really enforced

XIV. Federalist Witch Hunt Sedition Laws- aimed at newspapers and critics of

Federalist government Anyone who impeded policies of government liable

to fine, imprisonment Seen a violation of freedom of speech, press Many editors and others indicted under act (“Spitting

Lion”) Direct conflict with Constitution, Federalist court did

not want to hear case Acts did have popular support, Congressional

elections in1798-1799 Federalist gained many seats Laws expired 1801

XV. The Virginia and Kentucky Resolutions Jefferson worried that Federalists would wipe out Constitutional

guarantees, Fearing prosecution he secretly wrote the Kentucky Resolution

(1798,1799 approved by KY legislature) Madison drafted less extreme statement, adopted by VA legislature,

Virginia Resolution (1798) Adopted the compact theory- 13 sovereign states created government,

national gov’t a creation of states Had exceeded powers with Alien and Sedition Acts Rightful action was “nullification” If state disagreed with federal laws, they could be voided Federalist argument- people created government, only Supreme Court

could nullify VA, KY Resolutions extreme states’ rights views, crystallize opposition

to Federalists

XVI. Federalists vs. Democrat- Republicans

Federalists Believe in strong central gov’t Rule by best people Distrusted full blown

democracy Promote foreign trade Little gov’t. Interference in

business Supported by wealthy Supporters along Atlantic

seaboard Promote American interests

overseas Pro- British

Democrat- Reps. (Jeffersonians) Weak central gov’t. Power held by states Appeal to middle class,

farmers, laborers National debt needed to be paid

off No special privileges for any

class Pro- French Protect democracy at home Supported by southerners,

westerners