The Confederation

and the Constitution (9)

1783- We won out freedom; blessed with fertile land & legacy of self-rule.

Mission & Challenge-1. No precedent for a republic on such a

large scale2. No guarantee that 13 rebellious colonies

would stay together or be democratic Time to build 1. New institutions2. New thoughts and habits Would the American Experiment

Succeed?

Articles of Confederation to the Constitution

Key occurrence- Articles failed to meet the needs of the new republic= a new Constitution was established.

1. What form would government take?2. Would president, Congress, or courts

dominate?3. What should the proper division of authority

between federal government & states be?4. How do we protect the rights of people?5. What economic policies to follow

(manufacturing or agriculture)?6. How should the nation defend itself against

foreign interests?7. What principles should guide foreign policy?

Revolution or Evolution?

The revolution was accelerated evolution rather than outright revolution?

Life went on in many areas without being touched by the war.

Loyalist exodus= patriot elites emerged & egalitarian ideals were pushed.

“Mr. & Mrs.” 1800- indentured servitude mostly over End to primogeniture laws New emphasis on trade organizations-

artisans & laborers.

ReligionMovement for separation of church

& state occurredCongregational Church in New

England – continued to be legally established

Anglican Church was re-formed as the Protestant Episcopal Church ( and de-established everywhere)

1786- Thomas Jefferson (including co-reformers & Baptists) won victory with passage of Virginia Statute for Religious Freedom.

* benefitted Baptists & Quakers in the South.

slavery

““All Men Created All Men Created Equal”Equal”

•1774- Continental Congress called on all colonies to abolish slavery…•Some northern states abolished it;

Middle States would abolish later….•No state south of Penn. Abolished it

•In 1791, the Quakers formed first Anti-Slavery Society and

Underground Railroad•Laws in the North & South

discriminated against blacks & slaves

•Some Emancipated African Americans could not:

purchase property, hold certain jobs, intermarry racially.

““All Men Created All Men Created Equal”Equal”

•1774- Continental Congress called on all colonies to abolish slavery…•Some northern states abolished it;

Middle States would abolish later….•No state south of Penn. Abolished it

•In 1791, the Quakers formed first Anti-Slavery Society and

Underground Railroad•Laws in the North & South

discriminated against blacks & slaves

•Some Emancipated African Americans could not:

purchase property, hold certain jobs, intermarry racially.

Picture/Anthony & Stanton

•Abigail Adams—1790’to early 1800’s urged her husband to “remember the ladies”

• still tied to traditional family work & home sphere.

•Republican motherhood

•Despite their contributions, women’s rights did not progress and would remain 2nd class citizens

•Abigail Adams—1790’to early 1800’s urged her husband to “remember the ladies”

• still tied to traditional family work & home sphere.

•Republican motherhood

•Despite their contributions, women’s rights did not progress and would remain 2nd class citizens

Republican motherhood• Concept that a woman’s role was to stay at

home and raise the next generation of PATRIOTS.PATRIOTS.

•New responsibility was to teach and raise their children in REPUBLICANISMREPUBLICANISM.

•Social keepers of the nation’s conscience

State Constitutions

1776- Continental Congress called on all colonies to draft new constitutions.

Sovereignty would rest in authority of the people.

Mass. –helped est. a process to adopt a constitution or change one= constitutional convention.

State Constitutions & State Governments

State Constitutions & State Governments

Common aspectsWeak executive & judicial branchesLegislature given important powersAnnual electionsAll had Bill of Rights protecting individual rightsEliminated primogeniture laws

After the Revolution… Many states moved their capitals westward (increased

power to backwoods farmers) State governments confiscated former British Crown

land & loyalist property= economic democracy = prevented rebellions by farmers etc.

State Constitutions & State Governments

State Constitutions & State Governments

Common aspects Each state’s constitution listed basic rights and Each state’s constitution listed basic rights and

freedoms (Bill of Rights) that belonged to all freedoms (Bill of Rights) that belonged to all citizenscitizens– “unalienable rights”– i.e. jury trial and freedom of religion

Separation of powersSeparation of powers– Legislative powers to an elected two-house

legislature– Executive powers to an elected governor– Judicial powers to a system of courts

All white males with property could voteAll white males with property could vote– Based on the assumption that property-owners had a larger

stake in government than did the poor and property-less– Elected officials higher qualifications than the voters

Common Features of State Constitutions

Popular Sovereignty

1. Popular sovereignty was the basis for every new State constitution.

2. Government can exist and function only with the consent of the governed.

3. People hold power and are sovereign.

1. Limited government was a major feature of each State constitution.

2. Powers delegated to government were granted reluctantly and hedged with many restrictions.

1. In every State it was made clear that the sovereign people held certain rights that the government must respect at all times.

2. Seven of the new constitutions contained a bill of rights, setting out the “unalienable rights”

1. State governments were purposely divided among three branches: executive, legislative, and judicial.

2. Each branch was given powers with a system of checks and balances.

Separation of Powers and Checks and

Balances

Civil Rights and Liberties

Limited Government

State ConstitutionsState Constitutions

1790

voting

WMAWMA 21 yrs. old, 21 yrs. old, educated and educated and property owner…….property owner…….

Several states would Several states would drop property drop property qualifications and qualifications and education…….education…….

Economic Issues After the War

(Economic Democracy)

Difficulties:British only traded with “loyal” parts of its empire: American ships barred from British & West Indies

ports 1786-British industries “dumped” massive

amounts of products in the colonies when trade resumed

Americans free to trade with foreign nations (Baltic & China Seas)

State governments in debt after the war Businesses speculated & gouged =300% profits Inflation was high (colonies had printed money)** Average citizens worse off financially!Positive- American’s had to make their own products during

the war = growing American industrial base.

Foreign DebtForeign Debt

$11,710,000$11,710,000

Federal Domestic DebtFederal Domestic Debt

$42,414,000$42,414,000

State DebtState Debt

$21,500,000$21,500,000

We owed France, Spain and other countries who helped us with the Revolutionary War.

We owed France, Spain and other countries who helped us with the Revolutionary War.

debt

Individual states owed citizens who loaned money

to their state.

Individual states owed citizens who loaned money

to their state.

US Govt. owed soldier’s for fighting in

the war, debts to British and Loyalists.

US Govt. owed soldier’s for fighting in

the war, debts to British and Loyalists.

$80 Million$80 Million

The Articles of Confederation

Revolutionary Continental Congress- little more than ambassadors from 13 states.

No authority States coined their own money, raised

armies, enacted trade barriers (tariffs). 1776-Continetal Congress called a

committee to draft a constitution for the new nation

1777= Articles of Confederation (after Saratoga)

1781- the states ratified AOC

•Our first constitutionconstitution (law of the landlaw of the land); democratic democratic governmentgovernment based on the ideas of DOI .DOI .

•Written by 22ndnd Continental Congress (1777) Continental Congress (1777) during War and took effect in March 1781… Becomes the

Confederation CongressConfederation CongressWhy the delay? Why the delay? Western land claims (7 states had lots of land, 6 states had none) Western land claims (7 states had lots of land, 6 states had none)

•NY & Virginia & 5 other states held mostNY & Virginia & 5 other states held most

•Penn. & Maryland & 4 others complainedPenn. & Maryland & 4 others complained

•All had fought in the RevolutionAll had fought in the Revolution

•Land rich states could sale land to pay off debtsLand rich states could sale land to pay off debts

•Agreed to later carve up land as states on equal termsAgreed to later carve up land as states on equal terms

•Land Ordinance 1787Land Ordinance 1787

A/C chart

State Claims to Western State Claims to Western LandsLands

A/C chart

Confederation GovernmentConfederation Governmentgovt. of loosely organized Sovereign states

Each state independent and conducted their own affairs

Created a weak national govt. which had little powers to solve US problems

States held more power than US govt.Would unite in times of crisis.“a Collection of Ambasadors”

GovernmentGovernment StructureStructure

•Congress--1 branch•Confederation

Congress•No executive branch

or president…•No judicial system…..

•One vote per state regardless of size

State State ResponsibilitieResponsibilitie

ss•Obey Articles and acts

of Congress•provide funds and

troops when “requested”“requested” by

Congress•States regulated own trade and taxed each

other•States had their own

currency

Powers of Powers of CongressCongress

•Make war and peace

•make treaties•build navy and

army•settle disputes among states

•set up monetary system

Major ProblemMajor Problem: Created a weak national govt that could not tax, regulate trade or enforce its laws because the states held more power than the National Government.

National Govt.AOC/Congress given 20% of govt.powers

States given 80% of governmental powers…States were over the National Govt.

Fearing a strong central govt. like King George the AOC created a weak National

Government that was not given the

power to tax, regulate trade or

enforce their laws.

EFFECTSCould not deal

effectively with US problems.

USA

Northwest Territory

■Grid system was created by Thomas Jefferson…

■Sale of land was intended to be used to pay off debts for national

government■Structured and organized land

policy (surveyed & titled)■Allowed for a peaceful purchase of

land. ■Promoted an orderly expansion

westward..■Confederation Congress convinced states who claimed land out west to

cede their land to the US Govt.■US Govt. was to come up with a fair and reasonable land policy…..Unlike

the Proclamation of 1763….

Northwest Territory

Land Ordinanc

e

Plot #16 was set aside for public education

Public Land sold for $1.00 to $2.00 an acre = pay debt

Northwest Territory

An addition to the Land Ordinance of 1785

Congress sold land in large blocks, 40, 80, 160,

320 and 640 acres.

$1 to 2$ an acre to help pay debt.

Provided for 2 (3) stages of evolution for territoriesTerritories would be subordinate to federal gov’t during the territory stageStates admitted to the Union under the plan received all of the rights of

the 13 original colonies.Forbade slavery in the Old Northwest Territories (exempted slaves

already there).

Northwest Territory

Ohio

1ST STEP

WHEN PEOPLE FIRST SETTLE IN

THE AREA:

Congress appoints a governor and three judges to govern the

territory

2nd STEP

5,000 FREE ADULT MALES:

Landowners elect a congress to make laws

and raise taxes with approval of governor. 1 representative is elected to the US Congress who can debate but not vote.

3rd STEP60,000 SETTLERS:

•Write their own state constitution.

•Approval of state constitution from US

Congress

•Becomes a state

•No more than 5 statesThe Northwest OrdinanceNorthwest Ordinance encouraged ideals of the DOI and republicanismDOI and republicanism

((representative democracyrepresentative democracy) religious freedom, protection of liberty and liberty and propertyproperty, encouraged educationeducation, admitted new states and no slaveryslavery..

World’s Ugly DucklingWorld’s Ugly Duckling

• For 8 years- Britain refused to send an For 8 years- Britain refused to send an ambassador to Americaambassador to America

• No commercial treaty No commercial treaty • Did not repeal Navigation Laws Did not repeal Navigation Laws • Closed West Indies trade with US (US illegally Closed West Indies trade with US (US illegally

traded as usual)traded as usual)• Kept forts & trading posts on US northern Kept forts & trading posts on US northern

frontier- keep Indian alliesfrontier- keep Indian allies• Americans demanded trade restrictions- Americans demanded trade restrictions-

unsuccessful (Congress can’t control trade) unsuccessful (Congress can’t control trade)

Jays

British refused to remove their troops from US soil because the US failed to honor the Treaty of 1783 (return Loyalist property & pay war debts). The

National Government under the AOC was powerless to force Great Britain to honor the Treaty of Paris,

1783

Disputed Territorial ClaimsDisputed Territorial ClaimsBetween Spain & the US: Between Spain & the US: 1783-17961783-1796

1784- Spain closed Mississippi River & Port of NewOrleans to American business, claimed N. Florida- keptFort Natchez, incited Indians to harass settlers.

The Barbary Pirates

Barbary Pirates- operated in North Africa & Mediterranean

Attacked US merchant shipsEnslaved sailorsGreat Britain had traditionally

paid a bribe to protect their shipsEconomically- the US cannot pay

bribes---later Pres. Jefferson will deal with the Pirates!

Where: Western Mass. 1786

Requisition system of debt collection breaks down-states fight over boundaries= debt piles up

IN early 1787 a group of small farmers protested against the foreclosure of farms & Massachusetts govt.

Why? They were in debt, their homes being repossessed (foreclosure) and unfair taxation.

They were led by Daniel Shays, a former army captain in the Revolutionary War.

The purpose of the rebellion was to prevent foreclosures by keeping the courts from sitting until the next election- asked state to print money, reduce taxes

Shay’s Rebellion was put down by private army paid for by wealthy merchants from Boston.

****The AOC was unable to put down the rebellion with a national guard or army.

Shays

Daniel ShayDaniel Shay1785 to 1787, unfair taxes, debt and foreclosure

Farmer’s rebellion to overthrow Mass. Govt.

Daniel ShayDaniel Shay1785 to 1787, unfair taxes, debt and foreclosure

Farmer’s rebellion to overthrow Mass. Govt.

Shays

Attacks by Shay followers

Encounters between Shay’s and hired militias.

OutcomesOutcomesRebellion put down Rebellion put down by a private militiaby a private militia

US Govt. too weak US Govt. too weak to put down to put down

rebellionrebellion

Americans feared Americans feared govt. too weak = govt. too weak =

anarchyanarchy

***Call for a ***Call for a Constitutional ConventionConstitutional Convention to change to change AOC and create a stronger national government.AOC and create a stronger national government.

notes3

total chaos, mob rule, survival of the fittest, no

respect for law and order or attempting to overthrow the authority of govt. == unstable

govt. == no govt.

““MOBOCRACY”MOBOCRACY”*the elite feared this!!!*the elite feared this!!!

The Elites Response to The Elites Response to Shay’s Rebellion:Shay’s Rebellion:

Let us have { a Constitution } by which our lives,

liberties and properties will be secured....

Let us have { a Constitution } by which our lives,

liberties and properties will be secured....

“Respectable” Americans were shocked by the

violence. Feared “mobocracy”.

“Respectable” Americans were shocked by the

violence. Feared “mobocracy”.

The Elites Response to Shay’s Rebellion &

issuesStates squabbling over interstate commerce led Va. To call for a meeting

George Washington hosted a conference at his home in Mt. Vernon, VA (1785)

Representatives agreed that the problems were serious enough to hold further discussions at a later meeting.

The Annapolis Convention (1786) Annapolis, MD; delegates met to discuss AOC weaknesses. Only 5 states sent delegates Alexander Hamilton and James Madison persuaded the others to call

for a Constitutional ConventionConstitutional Convention, to be held in Philadelphia for the purpose of revising the Articles of Confederation