The New Nation

**John Fiske: The Critical Period (1888): Viewed the era of the

Articles of Confederation as critical to the future of the U.S.

I. Changes in Society due to the American Revolution
A. Many conservative Loyalists no longer in America; paved way for

more democratic reforms in state governments.

B. Slavery issue
1. Rise of anti-slavery societies in all northern states (plus Virginia)
-- Quakers the first to found such societies.
2. Slavery eradicated in most northern states by 1800
-- Quok Walker case in Massachusetts (1781) effectively ended slavery there.
3. Slavery not allowed above Ohio River in the Northwest Ordinance of 1787
4. Slave trade to be abolished in 1808 according to Constitution.
5. By 1860, 250,000 free blacks lived in the North, but were disliked

and discriminated against
-- Several states forbade entrance of blacks, most blacks denied

right to vote, and some states barred blacks from public schools.
6.Thousands of southern slaves freed after the Revolution
7.Yet, slavery remained strong in the South, especially after 1793 (cotton gin)

C. Stronger emphasis on equality
1. Common people openly criticized the Cincinnati Society, a hereditary organization that included America's military elite and foreign officers; it smacked of aristocracy

-- George Washington was a member

2. However, equality did not triumph until much later due to tenant farming, poor rights for women and children, slavery, and land requirements for voting and office holding (although reduced) were not eliminated.
3. Further reduction of land-holding requirements for voting occurred in 1820s.
4. End of primogeniture and entail before 1800.
a.Primogeniture: eldest son inherits father's estate.
b. Entail: Estates could not be sold off in pieces; guaranteed

large landholdings to a family and meant less land available for purchase to the public.
D. Separation of Church & State

1.Jefferson’s Virginia Statute on Religious Freedom, 1786

-- Influenced the First Amendment to the Constitution.
2. Anglican Church replaced by a disestablished Episcopal church in much of the South.
3. Congregational churches in New England slower to disestablish (CT in 1818, MA in 1833)

E. State governments:
1. Three branches: weak governors, strong legislatures, judicial branch
2. sovereignty of states, republicanism

3. Most states had a bill of rights

F. Indians no longer had British protection; became subject to U.S. expansionwestward.
-- Iroquois suffered significant losses after the war

G. Women did not enjoy increased rights

1.Abigail Adams had written to her husband, John, to "remember

the ladies" during the revolution. Yet, women still second-class citizens.

2.Idea of “Republican Motherhood” took hold: women

to raise their children to be good citizens of the republic.

3.Feme covert -- In many states, women could not own property if

married. Even if women inherited property, their husbands took control of it.

H. Gordon S. Wood -- The Radicalism of the American Revolution
Thesis: Revolution was the most radical and far-reaching event in American history
1. Made the interests and prosperity of ordinary people -- the pursuit

of happiness -- the goal of government.
2. Changed thepersonal and social relationships of people.
a. Destroyed aristocracy as it had been understood for nearly 2,000 years.
b. Made possible egalitarian thinking: subsequent anti-slavery and

women's rights movements
3. Brought respectability and even dominance to ordinary people long held in contempt
-- Gave dignity to menial labor in a way unprecedented in history
4. Brought about an entirely new kind of popular politics and a new

kind of democratic officeholder.
5. Inspired powerful popular entrepreneurial & commercial energies
-- Transformation occurred without the industrial revolution,

urbanization, & railroads
II. Constitution making in the states
A. Continental Congress in 1776 called upon the colonies to draft new constitutions.
-- Sovereignty of new states would rest on the authority of the people according
to the theory of republicanism (representative gov’t)
B. Features of State Constitutions
1. Most included a bill of rights: protected liberties from government encroachment.
2. Most required annual election of officers
3. All created weak executive and judicial branches by present day standards. Why?
4. All legislatures were given sweeping powers as the democratic branch of gov't.
5. Poorer western districts (hitherto disenfranchised) were much better represented.

III. The Economy in the 1780s.
A.America suffered a depression during the 1780s.
1. Huge national and state debts were left from the Revolution.
2. Excessive use of credit to purchase consumer goods after the

war (especially debts to British merchants.
3. Lack of currency
4. Farmers demanded laws to help their plight – and at times acted violently (e.g. Shays’ Rebellion)
5. Runaway inflation was ruinous to many citizens
6. British companies flooded America with goods at very low prices.
B.Seizure of Loyalist holdings were moderately significant
1. Many estates were confiscated and cut up into small farms.
2. Helped accelerate economic democracy
3. New rich class of conspicuous profiteers emerged
C.Economic democracy preceded political democracy: land was

readily available and inexpensive.
D. American manufacturing was bolstered by nonimportation agreements
1.Americans lost markets in the British empire (Navigation Laws)
2.New commercial outlets compensated for lost ones (Baltic region; Asia)

IV.Foreign Policy challenges of the New Nation
A. British challenges to U.S.
1. Refused commercial treaties with U.S.; did not repeal the Navigation Laws.
2. British remained active along the far reaches of the American frontier.
a. British sought to maintain an alliance with the Indians and to

form a barrier to prevent American attack of Canada.
b. Supplied Indians and encouraged them to raid frontier settlements.
c. British trading posts on the American frontier still remained
d. Britain claimed that US broke pledge to pay debts and restore Loyalistproperty.
3. Although some Americans urged economic action against British,

Congress did not have power to control commerce.
-- States did not have uniform tariff policy.

B.Spain's challenges to U.S.
1. Closed the Mississippi River at the mouth in 1784
-- Hurt pioneers in TN & KY, who used New Orleans as port for their goods.
2. Claimed large area north of the Gulf of Mexico, including

northwestern Florida (given to the U.S. by the British in 1783).
3. Conspired with Amerindians to keep GA & SC hemmed in east of the Alleghenies.
a.American settlers had expanded at the expense of Amerindians
b.Like Britain, Spain supplied Amerindians in the Southwest
-- Georgia in particular in danger of being overrun by Creeks.
c.Together with England, Spain prevented U.S. from exercising

effective control over about 1/2 of its total territory.
4.Encouraged creation independent state in the Southwest out of American land.
a.Many frightened western settlers were ready to support the

Spanish so Amerindian raids would stop and for access to the Mississippi River.
b.James Wilkinson,a young American army officer from Kentucky, took loyalty oath to king of Spain in exchange for trading concessions.
i.Wilkinson urged Kentuckians to set up an independent state,

which could then enter into lucrative agreements with Spain.
ii.The plot collapsed in 1788 when Spain reopened the

Mississippi River to U.S. ships.

5. Proposed Jay-Gardoqui Treaty (1786) -- Never ratified
a.Secured trading rights with Spain fornortheastern merchants

while recognizing Spain’s supremacy on the Mississippi.
b.Northerners feared that the opening of the west would draw

away population, thus draining influence from the East.
i.Real-estate values and markets in the east would decline.
ii. Closing off the Mississippi would slow movement west and

open markets for the U.S. in the Caribbean.
c.Strongly opposed by southern colonies and western territories

(KY, TN) who believed New England was gaining at their expense.
d.Created impulse among some states to break away from U.S.
e.Opposition led others to view a strong central gov’t as only

means to keep U.S. intact.

C. French challenges to America’s Economy
1. Demanded repayment of money loaned during the war.
2. Restricted U.S. trade with French West Indies and other ports.

D. The Mediterranean -- North African Pirates (Barbary Pirates)
1.America's Mediterranean commerce was being ravaged by

pirates fromAlgiers, Tunis, Tripoli, and Morocco.
a.American merchant sailors either enslaved or ransomed.
b.Dey of Algiers did the most damage to American shipping.
c.Americans previously had been protected by British empire.
-- Without protection, & without money to pay, U.S. was vulnerable.

V. Ratifying the Articles of Confederation
A. Second Continental Congress was weak during Revolutionary War

1. Only controlled military affairs and foreign policy (not domestic issues)
2. No constitutional authority: individual states were sovereign

B. Ratifying Articles of Confederation (1781)
1. Articles adopted in 1777 but final ratification delayed until 1781
2. Western lands were the main point of contention
a. 7 states had enormous tracts of land extending westward, esp. NY & VA.
b. 6 states, including PA & MD, had no territory beyond Alleghenies.
i. Complained larger states would not have large land holdings

if it wasn't for their help in winning the war.
ii. Argued large states could sell land to pay off war debts

while small would have to tax themselves
iii. Proposed turning western lands into federal lands.

c. Unanimous approval was required to ratify the Articles of Confederation
-- Maryland held out until March 1, 1781 until NY surrendered

its western claims and VA also seemed ready to do so.
d. Congress pledged to create new territories--later become states with equal status--from western lands.

VI.America's First Constitution: The Articles of Confederation
A. Provisions
1. 13 states joined to deal with common problems (e.g. foreign policy).
2. Congress was the chief agency of the gov't
a. No executive branch: Americans feared strong executive leaders.
b.No judicial branch: legal matters left to the individual states
3. Each state had a single vote: Disproportionate power for small states
4. Bills required 2/3 vote
5. Amendments to the Articles required unanimous consent

(severely weakened the effectiveness of the government).

B.Articles of Confederation were weak and ineffective
1.Intentional -- gave individual states more power
2. Two crippling limitations:
a.No power to regulate commerce – resulted in conflicts between states.
b.Could not enforce its tax-collection program.
3. Could not act directly upon individual citizens from a sovereign state.
4. Vulnerable to revolutionary challenges
a. Newburgh "Conspiracy" (1783)
i. Cause: Soldiers in the Continental Army not paid regularly

throughout the war and the money they did receive was

often worthless due to inflation.
ii. Some high-ranking officers, Congressional nationalists,

discussed using the army to force states to surrender more

power to the national gov't.
iii. Washington successfully appealed to the officers to end the conspiracy.
b. 1783, threat from dangerous PA soldiers demanding back

pay forcedCongress to move temporarily to Princeton, NJ.
-- Pennsylvania gov't would not aid or protect the federal Congress.
5. Notwithstanding Article’s weaknesses, it became a significant

step toward the Constitution

C.LandmarkLand Laws

1.Land Ordinance of 1785

a.Land in the Old Northwest (modern-day Ohio, Indiana, Illinois, Michigan) would be sold; proceeds to pay national debt.

b.Region split into townships six miles square.

c.Contrasted lands south of Ohio River where settlementwas disorganized.

2.Northwest Ordinance of 1787

a.Old Northwest regions would first begin territories.

b.Territories would become a state when it had 60,000 inhabitants; equal status with other states. Significance: this ensured peace between eastern & western states.

c.Forbade slavery in Old Northwest—north of the Ohio River. Major advantage by the North, however, Southerners could cross state lines and reclaim fugitive slaves.

D.Failure of the Articles of Confederation

3.Problems continually plaguing the government.

a.No system of raising money.

b.Debt was piling up.

c.Several states quarreled over boundaries.

d.Some states placed tariffs on goods from other states.

e.Some states printed depreciated paper currency.

4.Shays’ Rebellion (1786): Perhaps most important rebellion in U.S. history.

a.In western Massachusetts, poor backcountry farmers were losing farms due to mortgage foreclosures and tax delinquencies. Many were ex-Revolutionary war veterans; some went to debtors’ prisons.

b.Rebellion led by Captain Daniel Shays

c.Shays and 1,200 farmers marched on the arsenal of the New England militia. Shays was arrested but later pardoned.

d.Significance:

  1. Propertied class feared that the Revolution had created a “mobocracy.”
  1. Many prominent citizens cried out for a stronger central government.

5.Annapolis Convention (1786)

a.Principle purpose: Improve interstate commerce.

b.Alexander Hamilton gained a commitment for a constitutional convention the next year in Philadelphia. The purpose would be to overhaul the Articles of Confederation.

  1. Creation of the Constitution
  1. The Constitutional Convention
  2. Each state sent participants (except Rhode Island).
  3. Leaders all appointed by state legislatures.
  4. 55 delegates convened on May 25, 1787 in the Philadelphia statehouse.
  5. Most all were men of high prestige and conservative.
  6. Strong anti-nationalists like Patrick Henry, Richard Henry Lee, and Samuel Adams did not attend.
  7. Washington elected chairman; presided over the convention.
  8. Notables present: Madison, Franklin, Hamilton, J. Adams. (Jefferson was in Paris.)
  9. Sessions were held in complete secrecy.
  10. James Madison—“Father of the Constitution”
  11. Three major concepts:
  12. National principle: National government should be stronger than the states.
  13. Separation of powers: influenced eventual structure of government.
  14. Benefit of an “extended republic” to control faction and limit negative impact of self-serving politicians (later Federalist X)
  15. “Father” title somewhat of a misnomer as others contributed heavily as well (especially Charles Pinckney, Roger Sherman, & James Wilson).
  16. Articles of Confederation were scrapped. In effect, U.S. government was peacefully overthrown. States were now in danger of losing their sovereignty.
  17. The issue of representation in Congress was the biggest issue of the Convention.
  18. Two major plans debated regarding representation in Congress:
  19. “The Large-State Plan” (Virginia Plan)—written by Madison
  20. “The Small-State Plan” (New Jersey Plan)
  21. The impasse threatened to break up the convention.
  22. The “Great Compromise”(Connecticut Compromise)—Roger Sherman
  23. Smaller states conceded representation by population in the House of Representatives.
  24. Larger states conceded equal representation in the Senate—Each state would have two senators.
  25. Every tax bill would originate in the House since big states would have to pay a larger portion of taxes.
  26. Strong, independent executive branch created.
  27. Contrasted with state constitutions which had weak governors—Washington’s sterling reputation earned the delegate’s trust.
  28. Presidential powers:
  29. military commander in chief
  30. wide powers to appoint domestic offices including judgeships.

c.veto of legislation

3.Electoral College used to elect president rather than direct vote.

a.Electors would be chosen by the states; electors would cast their votes.

b.Vast majority of the people excluded from voting for president.

  1. North-South issues came to dominate the convention.
  2. Slavery was the biggest issue.
  3. Northern states apparently compromised on slavery issues in order to gain passage of Northwest Ordinance which banned slavery north of Ohio River.
  4. “Three-fifths” Compromise-Slaves would count as 3/5 of a person for representation purposes in the House of Representatives. Equality was sacrificed for union.
  5. African slave trade to end in 1808.
  6. Commerce Compromise
  7. Resolved conflict between agricultural (slave) and more industrial (north) states.
  8. Congress could tax imports but not exports.
  9. Major irony of the North-South compromises:

i.South gave up power to the North because it expected South would soon have population advantage from westward expansion.

ii.The North gave up slavery to the South because it thought slavery would eventually die out anyway.

  1. Checks & Balances/separation of powers
  2. Idea advocated by Baron de Montesquieu—Spirit of the Laws, 1762 (however, his view was based on class, not function)
  3. Three branches of government: based on function
  4. Executive: enforces the law
  5. Legislative: makes the law
  6. Judiciary: interprets the law
  7. The “elastic clause” (Article I, Section 8, paragraph 18)
  8. “Congress shall have the power to…make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…”
  9. Clause gave Congress the flexibility to meet the social and technological changes of the past two centuries.
  10. Congress gained right to regulate commerce, both foreign & domestic—“Supremacy Clause”
  11. The Constitution became the “supreme law of the Land.”
  12. Federal power superceded state power.
  13. Conservative safeguards
  14. Purpose was to check the excesses of the “mob”—convention delegates were unanimous in believing that manhood-suffrage democracy was dangerous.
  15. Safeguards:
  16. Federal judges were appointed for life.
  17. President was elected indirectly by the Electoral College.
  18. Senators chosen indirectly by state legislatures.
  19. Only House of Representatives permitted to choose officials by direct vote of qualified (propertied white male) citizens.
  20. Constitution based on principle that the only legitimate government was one based on the consent of the governed. (John Locke)
  21. “We the People…”
  22. Older theory of the social contract replaced by idea that the people delegate their authority to the government.
  23. Why no Bill of Rights?
  24. Since most states’ bill of rights often began with “all men are by nature born free,” Southerners believed it would be hypocritical to include such a statement when slavery was provided for in the Constitution.
  25. States already had their own bill of rights and states’ rights advocates believed that these should remain binding.
  26. Some delegates feared a new government might feel free to do anything that was not expressly prohibited in a new Bill of Rights.
  27. Most important practical reason: delegates believed they had reached a fragile consensus that could collapse if new revisions were to be considered.
  28. Ratification of the Constitution would require 9 states.
  29. Provision adopted over concerns support was not unanimous.
  30. If ratified, Constitution would be supreme law of the land in those states that ratified it.
  31. Congress submitted the Constitution to the states (without recommendations)
  32. People shocked that the Articles was to be scrapped.
  33. Many feared sovereignty would end.
  1. Ratification Debate in the States: Federalists vs. antifederalists
  1. Special elections held in the various states for members of ratifying conventions.
  2. Four small states quickly ratified: DE, NJ, GA, CT—Constitution favored small states in the Senate.
  3. Pennsylvania first large state to ratify.
  4. Massachusetts was the critical test; main issue became lack of a bill of rights in the Constitution—Federalist promised the first Congress would add one by amendment.
  5. Three more states ratified: MD, SC, NH
  6. Constitution officially adopted on June 21, 1788
  7. Last four states: Ratified because they had to; not because they wanted to.
  8. Virginia, largest & most populous state, strongly anti-federalist
  9. Patrick Henry among the fiercest critics; Constitution would kill liberty.
  10. Washington, Madison, & John Marshall influential on the Federalist side.
  11. George Mason: “Father of the Bill of Rights”—refused to sign the Constitution until a promise that the Bill of Rights would be added.
  12. Virginia ratified shortly after Constitution was ratified by 9 states—did not want to be an isolated independent state.
  13. New York
  14. Only state to have manhood-suffrage vote for members of the ratifying convention.
  15. The Federalist Papers (85 in all)

i.Alexander Hamilton, John Jay and James Madison wrote an influential series of articles for the New York newspapers.