The Confederation and the Constitution Chapter 9

The Confederation and the ConstitutionChapter 9

Introduction

•The American Revolution was more of an accelerated evolution rather than outright revolution.

•During the conflict itself, people went on working and praying, marrying, and playing.

Introduction

•Many of them were not seriously disturbed by the actual fighting, and the most isolated communities scarcely knew that a war was on.

•The exodus of some 80,000 Loyalists robbed the country of its conservatives and paved the way for the new, Patriot elites to emerge.

The Pursuit of Equality

•Most states reduced (and some eliminated) the property-holding requirements for voting.

•Ordinary men and women demanded to be addressed as “Mr.” and “Mrs.”- titles reserved for the wealthy and high born.

•Employers were now called “boss” not “master”.


•In 1784 New Yorkers released a shipload (one letter makes a huge difference here) of freshly arrived indentured servants, on the grounds that their status violated democratic ideals; by 1800 servitude was virtually unknown.

•Most Americans ridiculed the Continental Army members who formed an exclusive group known as the Society of Cincinnati.


•The Anglican Church, long known to be associated with the crown, was humbled.

•It was re-formed as the Protestant Episcopal Church.

•The Jefferson-backed, Virginia Statute for Religious Freedom, was a decisive victory for the separation of church and state in VA.


•Outside of separation of church and state, the institution of slavery was also questioned in postwar America.

•In 1775, Phliadelphia Quakers founded the world’s first anti-slavery society (slavery was abolished at the CC of 1774).

•Even on the plantations of VA, a few idealistic masters freed their human chattels.


•Sadly, no state south of PA. outlawed slavery and slaves were discriminated against harshly in North and South.

•Emancipated African Americans could be barred from purchasing property, holding certain jobs, and educating their children, and there were also laws against interracial marriage.


•The Founding Fathers did not want to fracture the fragile nation by separating people along racial lines.

•Women were also discriminated against.

•Central to republican ideology was the concept of civic virtue- the notion that democracy depended on the unselfish commitment of each citizen to the public good.

Constitution Making in the States•By asking the colonies to draft

constitutions, the CC was asking the colonies to summon themselves into being as new states.

•According to republicanism, the sovereignty of the new states would rest on the authority of the people.

•Mass. held a convention to draft its state constitution and then sent it to the people for ratification

Constitution Making in the States•Once it was drafted in 1780, it could only

be changed by a specially called constitutional convention.

•This was later imitated by the drafting and ratification of the Federal Constitution.

•The documents that were drafted by each state were contracts that defined the powers of the government, and drew their authority from the people, not from the royal seal of a distant king.

Constitution Making in the States•Most of these documents included a bill of rights, guaranteeing specific long-prized liberties against legislative encroachment.

•Legislators were elected annually so as to stay in touch with the mood of the people.

Constitution Making in the States•All of the state constitutions deliberately created weak executive and judicial branches.

•The legislators were given sweeping powers which led Thomas Jefferson to say, “173 despots would surely be as oppressive as one.”

Economic Crosscurrents

•States seized control of former crown lands.

•Rich speculators got their opportunity to purchase land, but many Loyalist holdings were confiscated and cut up into smaller farms.

•Even before the Revolution, the Americans were forced to use their own ingenuity and smarts so the post-war transition in the economy was quicker than political transition.

Economic Crosscurrents•American ships were no barred from British and

British West Indies harbors (the Navigation Acts were tougher no than before).

•Americans, however, were free to trade with foreign lands and in 1784 the Empress of China led the way into Asian markets.

•Still, with all the positive, inflation was very high, the Americans borrowed much more than they could ever repay, and in general, people were worse off than before the shooting started.

A Shaky Start Toward Union•The departure of the conservative Tory

element left the political system inclined toward experimentation and innovation.

•The British flooded the international markets with cut rate goods that the new American industries couldn’t compete with.

•The only thing that could save the new nation was the leadership of political leaders of high order, such as; Washington, Madison, Adams, Jefferson, and Alexander Hamilton.

Creating a Confederation

•Though they had some control over the military, the CC had no real power.

•Instead of a nation, there were 13 sovereign states who▫Coined their own money▫Raised armies and navies▫Erected tariff barriers▫Had their own treaties of alliance (VA with

France)


•Out of the draft of the written constitution in 1776 came the Articles of Confederation, which was adopted by Congress in 1777.

•The Articles were not ratified by all 13 colonies until 1781 (8 months after Yorktown).

•At the center of the disagreement was the western lands, which the 6 jealous states (PA and MD) had no stake to (no stake past Allegheny Mountains).


•7 states (NY and VA) had enormous acreage, but the jealous states argued that the land would not have been gained without their help in the war.

•The issue was that the land rich states could sell that land to pay debts, but the jealous states would have to tax to raise $ (taxation issue again).


•To ratify the Articles, all 13 colonies needed to agree, but MD held out until March 1st and surrendered only after NY did the same.

•To sweeten the pill, Congress pledged to dispose of the land for the “common benefit”.


•It also agreed to carve out not colonies, but “republican” states, which in time would be allowed into the union on equal terms of the 13 colonies.

•The Northwest Ordinance of 1787, fully redeemed this promise.


•The states that ceded the land had to remain in the union to get their share of the $ from land sales.

•Westward moving pioneers purchased farms from the federal government.

The Articles of Confederation: America’s Frist Constitution•A clumsy Congress was to be the chief agency of government.

•There was no executive branch and the judicial arm was left almost exclusively to the states.

•Each state had a single vote (RI had same votes as VA who was 10x bigger).

The Articles of Confederation: America’s Frist Constitution

•Important matters require the support of 9 states.

•Amendments needed unanimous ratification (amendment process was almost impossible).

•Congress was weak (and purposely designed to be weak).

The Articles of Confederation: America’s Frist Constitution•Congress had 2 handicaps;•No power to regulate interstate commerce (states had different laws regulating tariffs and navigation)

•No power of tax-collection▫A tax quota was established and

states were asked to voluntarily contribute.

The Articles of Confederation: America’s Frist Constitution•Though weak the Articles were a landmark of government.

•They clearly outlined the general powers that were to be exercised by the central government, such as making treaties and establishing a postal service.

Landmarks in Land Laws

•The Land Ordinance of 1785 provided that the acreage of the Old Northwest should be sold to help pay off the national debt.

•It would be surveyed and divided into townships six miles square, which would be split into thirty-six sections one square mile each.

•The sixteenth section of each township would be set aside for schools.


•The Northwest Ordinance of 1787 related to the governing the Old Northwest.

•It related to the problem of how nations should deal with its colonies.

•The solution was a two part process.


•First, the are would be subordinate to the federal government

•Next, when the territory could boast 60,000 inhabitants, it would be admitted by Congress as a state with all the privileges of the 13 charter colonies.


•The ordinance also forbade slavery in the Old Northwest, though it exempted slaves already present.

The World’s Ugly Duckling

•The British declined to make a commercial treaty or repeal its ancient Navigation Laws.

•The British closed of the West Indies to the U.S. (but the U.S. still smuggled).

•British traders remained on U.S. soil and maintained their fur trade with the Indians (possibly because the Americans didn’t honor their repayment agreement after the war).


•The Americans were upset by this and demanded that Congress impose tariffs on British imports.

•Congress could not control commerce and states refused to adopt a uniform tariff policy.

•Spain became unfriendly to American shipping and closed the Mississippi to American commerce.


•The French demanded the repayment of money loaned during the war and restricted trade.

•Pirates in North Africa were ravaging American sailors and enslaving them.

The Horrid Specter of Anarchy

•Individual states were getting out of hand with numerous minor pitched battles.

•Shay’s Rebellion flared up in western MA in 1786.

•Backcountry farmers, many who were Rev. War veterans were losing their farms to mortgage foreclosures and tax delinquencies.


•Led by Captain Daniel Shays, the farmers demanded paper money, lighter taxes, and the suspension of property takeovers.

•MA raised an army to fight back and the rebellion was put down after a few skirmishes.

•Later, the MA legislature passed debt-relief laws, which Shays had called for.


•The privileged class became scared that the lower classes’ thirst for unbridled republicanism had created a monster.

•A plan for a new constitution was set into motion.

A Convention of “Demigods”

•In 1786 in Annapolis, MD a convention took place that was largely a failure (9 states appointed delegates, but only 5 showed).

•Alexander Hamilton from NY saved the convention from total failure by calling for a convention to meet in Phila the next year.


•The convention was not only to take about interstate commerce, but to bolster the entire fabric of the Articles of Confederation.

•Every state chose representatives, except RI.

•55 emissaries from 12 states convened at Phila on May 25, 1787.


•Washington was elected chairman.•Franklin, now 81, had to have a chaperone with him at dinner to make sure he didn’t talk about what was going on in the secret meetings.

•James Madison made contributions so great he has been dubbed “Father of the Constitution”.


•Hamilton (32 at the time) was present as an advocate of super-powerful central government.

•Most of the faces of 1776 were absent.

Patriots in Philadelphia•The 55 delegates desired a firm, dignified,

and respected government.•A major goal was to give central authority

so commercial treaties from foreign nations.•Another major problem was trying to curb

the unrestrained democracy rampant in the various states.

•Washington said, “We have, probably, had too good an opinion of human nature in forming our confederation.”

Hammering Out a Bundle of Compromises

•When the delegates got to Phila they took a daring step; instead of revising the Articles like they were instructed to by their states, the delegates decided to scrap the Articles of Confederation altogether.


•The large state plan also known as the Virginia Plan- representation in both houses of a bicameral Congress should be based on population- an arrangement that would naturally give the larger states an advantage.

Hammering Out a Bundle of Compromises•The small state plan also known as the New Jersey Plan- Equal representation in a unicameral congress by states, regardless of size and population.

•Weaker states feared that in the VA scheme the stronger states would band together.

Hammering Out a Bundle of Compromises•The Great Compromise was hammered out after much debate.

•The larger states were conceded representation by population in the House and the smaller states were appeased by equal representation in the Senate.

•Each state, no matter how poor or small, would have two senators.


•The delegates agreed that every tax bill or revenue measure must originate in the House.

•The Constitution provided a flexible guide to broad rules of procedure, rather than a fixed set of detailed laws.

Hammering Out a Bundle of Compromises•The original (unamended) Constitution

had just 7 articles and ran about 10 pages.

•A significant change came in the Constitution by way of the new executive in the presidency (this came out of the suppression of Shay’s Rebellion by the MA Gov.)

•The President had broad authority, but their power was far from absolute.

Hammering Out a Bundle of Compromises•The President was granted the power to wage war, but Congress had to declare war- which has been an invitation for conflict ever since.

•Slaves were compromised to count as 3/5 of a person for purposes of voting.

Hammering Out a Bundle of Compromises•The issue of slavery was also discussed, as most states wanted slavery turned off (except SC and GA).

•The convention decided that the slave trade would continue until 1807.

•All states, except GA, forbade overseas slave trading.

The Clash of Federalists and Antifederalists•The Framing Fathers knew that ratification (unanimous ratification as state by the Articles) would be tough.

•Knowing that RI would veto, the delegates decided that 9 of 13 colonies were all that needed to ratify the Constitution.

The Clash of Federalists and Antifederalists•The new Constitution split the people, and delegates, on two sides; the federalists and the antifederalists.

•The Federalists wanted favored a strong central government, whereas the antifederalists opposed a strong federal government.

The Clash of Federalists and Antifederalists

•Notable antifederalists- Samuel Adams, Patrick Henry, and Richard Henry Lee

•Most were states’ rights devotees, backcountry dwellers- generally, the poorest classes

The Clash of Federalists and Antifederalists•The Federalists were led by George Washington and Benjamin Franklin.

•Most lived in settled areas along the seaboard, were wealthier than the antifederalists, more educated and better organized.

•Importantly, they also controlled the press.

The Clash of Federalists and Antifederalists•The Antifederalists argued, with much truth, that the Constitution had been drawn up by the aristocrats.

•They claimed that the sovereignty of the states was being submerged and the freedoms of the individuals were jeopardized by the absence of a bill of rights.

The Clash of Federalists and Antifederalists•They also;•Wanted a federal stronghold erected (District of Columbia)

•Wanted the creation of a standing army

•Wanted the omission of any reference to God

•Wanted the omission of the 2/3 ratifying procedure.

The Great Debate in the States

•Special elections were held in various states for members of the ratifying convention.

•Four states, including PA and MA were the first to ratify.

•By June of 1788 9 states ratified

The Four Laggard States

•VA provided fierce antifederalist opposition.

•New Hampshire was on the verge of ratifying and VA could not continue on as an independent state and ratification carried 89 to 79.

•New York also realized it could not function apart from the Union, ratifying 30 to 27.

The Four Laggard States

•Initially, North Carolina ratifying convention adjourned without taking a vote.

•In Rhode Island, there was no ratifying convention (it was voted down by referendum).

•Finally, the last states ratified; not because they wanted to, but because they knew they couldn’t exist outside of the Union.

Documents

The Confederation and the Constitution Chapter 9