The Confederation and the Constitution (1776 – 1790) Chapter 9 The Confederation and the Constitution (1776 – 1790)

Quiz 1 What is the “Republican Motherhood”? What is the Great Compromise?

Quiz 2 What is an anti-federalist? Why were Articles of Confederation not used and scrapped for the current day Constitution?

Quiz 3 What is the Northwest Ordinance of 1787? Why did Captain Shay rebel?

We are a new nation Declaration of Independence (7/4/1776) We do we even start? Who will rule? Does power rest in the National government or the states? Who will be in power? The elites or the average citizens? Will women have power? What will happen to the slaves?

Post-Revolution: Egalitarian Societies Over 80K loyalists fled. Many people in isolated communities didn’t even realize it was going on. Aristocratic upper crust people gone so the Patriots can form their own elite. Conservatism gone so now democracy can spread like a conflagration Equality was the word of the day! – nothing exclusive could go on, no more property-holding requirement for voting, trade organizations formed for artisans and laborers, no more inheritance laws like primogeniture which means all the inheritance goes to the eldest bro. A big push to separate religion and government, especially since the Anglican church was tied to the King. Anglican church turned into the episcopal church. (politics and citizenship) Continental Congress calls for complete abolition of slave trade (1774): Reform Philadelphia Quakers create the first anti-slavery society. But why didn’t we completely go for anti-slavery at this time? B/c sadly, we didn’t want to break up the unity we just had. One hundred years later, it will come up again and break us up for 5 years. Is Unity worth the inhumanity? Talk to your neighbor FOUR WORLDS – Pre vs. Post Revolution

Partner Discussion “To exercise a veto will be “democratical that it must produce confusion and every evil work” - John Adams’ thoughts on oppression under a majority rule Should the majority rule or “men of leisure and learning”?

Not completely Egalitarian for Women It wasn’t an egalitarian for women. fought in war and were not given political rights. “Civic Virtue” – the commitment of each citizen to the public good could not be cultivated any better than from the MOTHER. Mom teachers the morals. Republican Motherhood – raised women up higher, giving them a prestigious role as the special keepers of the nation’s conscience. Women influence young boys who will then in turn lead and save the nation. Abigail Adams demanded equal rights for married women who could not own property. Compared rule over a wife like a tyrant king’s rule over his subjects

Constitution Making in the States Continental Congress in 1776 called upon the colonies to draft new constitutions, asking them to become new states. Connecticut and Rhode Island barely retouched theirs but Massachusetts wanted to capture the spirit of democracy by having the people ratify it. Once adopted, the only changes can happen if another constitutional congress is called. This later is imitated in the ratification of the constitution. (politics and citizenship) All created weak executive and judicial branches b/c the people distrusted despostic rulers. Most included bill of rights, and fundamental laws that would be higher than the ordinary day to day laws. Since the poorer western district people were now members of these state legislatures, they wanted to get the state capitals relocated from the haughty eastern seaports into the less pretentious interior (demographic changes)

Economics after the War Economic democracy came before political democracy. Loyalist holdings were confiscated and cut up into small farms which helped families forge new beginnings We stopped imports from England and forced ourselves to make our own goods. A downside is that we had to find new customers. But we can now trade freely with foreign nations and be subject to local restrictions, which we could not do under mercantilism. Sadly though, after the war, Americans were worse off than before the war started b/c of inflation and no fixed prices. A new class of profiteers emerged who were charging 300% more because they could while the once wealthy were left poor.

Partner Discussion Does the seizure of Loyalist property violate the Republican principle that states everyone is to enjoy life, liberty, and property?

Articles of Confederation Coined money, Raised armies and navies, Had taxes, Had separate treaties of alliances like VA with France Created to have limited central government Each state is sovereign, free, independent Each state is equal: 1 vote no matter what size Changes need unanimous vote Important laws need 9/13 vote No chief/king. No judiciary Congress can: 1)Declare war 2)Make treaties 3)Adjudicate disputes between states 4)Borrow $$$.

Creating a Confederation It wasn’t ratified for 4 years because the western lands. 6 states had no holdings on westerly lands beyond the Alleghany and felt it was unfair that NY and VA had tons of land. They said that everyone fought for retention of that land. Plus, later on, those lucky states can sell that land while the unlucky states will have to tax their people to pay off their debt. So congress promised this land will be for “common benefit” and that future states will come from those lands. This was to become the Northwest Ordinance of 1787. The first draft of the constitution: Articles of Confederation (1777) finally ratified in 1781.

Northwest Ordinances of 1784,1785, 1787

Successes under the Articles Land ordinance of 1785 – Says the acreage of the Old Northwest should be sold and proceeds used to pay off national debt Land will be surveyed and split into 1 mile square towns with 1/16 of it going to public education Northwest Ordinance of 1787 – this related to the governing of the Old Northwest. There would be temporary tutelage, then permanent equality. First it would be subordinate to the federal government. Then when they could get 60K people to live there, it might be admitted by congress as a state. NO slavery allowed here.

Articles of Confederation = Articles of Confusion Too many loose ends: 13 states of friendship, linked together for joint action with common problems like foreign affairs. Congress was chief agency of government but designed to be weak – no power to regulate commerce and cannot collect tax. It asked states to contribute their share on voluntary basis. YEA RIGHT! Congress advise, appeal, and advocate, but cannot control or force. No executive branch b/c of bad memories of king Vital judicial arm was sovereign to the state. Each state had one vote. Not fair considering 68K Rhode Islanders vs. 680K Virginians. Everything needed a 2/3 vote Amendments needed unanimous vote which was impossible We need a tightly knit FEDERATION There needed to be a central government to make treaties, establish a postal service, etc.

No one respects us under the Articles of Confederation. The Brits shut off their profitable West Indies trade with America though we smuggled anyway. (american identity) They declined to repeal the ancient Navigation Laws. Lord Sheffield said that England would win back America’s trade anyhow. British agents were still active along the northern frontier where they still had a chain of trading posts for fur trade with Natives. Congress couldn’t control commerce and the states refused to adopt a uniform tax policy --- so some “easy states” purposely lowered taxes in order to attract an unfair share of trade Spain and England prevented America from exercising effective control over half of its total territory. Spanish was closing off the Mississippi river to american commerce. France was even asking for repayment of war and restricting trade with their West Indies colonies American ships were subject to pirate attacks in the Mediterranean Hopefully, these insults to America would humiliate the people to frame a new government that would be strong enough to command respect abroad.

Shay’s Rebellion Massachusetts 1786, poor backcountry farmers (many Revolutionary war vets) were losing their farms through mortgage foreclosures and tax delinquencies. Led by Captain Daniel Shay, they demanded cheap paper money, lighter taxes, and suspension of property takeovers. Massachusetts authorities raised a small army with the help of wealthy citizens. Shay’s rebellion was crushed, but the upper class began to fear that the revolution created a monster “mobocracy.”(have/have nots) It was obvious through Shay’s rebellion that Republicanism was too shaky and that we needed a stronger central government. The poorer states rights people did not want a strong central government because they thought the feds would force them to pay their creditors.

Philadelphia Convention: revising of the Articles of Confederation. Every state chose a rep except for Rhode Island 55 emissaries from 12 states convened in Philadelphia on May 25, 1787 George Washington was the chairman Ben Franklin (81) James Madison (36) “Father of the Constitution” Alexander Hamilton (32) – wanted strong central government All were young and experienced statesmen from the upper class. No poor debtor group rep.

Bundle of Compromises: The Virginia Plan, NJ Plan, and Great Compromise Rather than revise the Articles, they completely scrapped it and started fresh. (politics/citizenship) Virginia proposed the “Large-state plan”: representatives in bicameral congress should be based on population. This would obviously give large states an advantage. Tiny New Jersey created the “Small state plan” which gave equal representation in a unicameral congress by states regardless of size and population, just like in the Articles of Confederation Debate got so hot that Ben Franklin proposed that the daily sessions start with prayer. “The Great Compromise” was agreed upon: Larger states would be represented by population in the House of Representatives and smaller states were appeased by equal representation in the Senate Each state would have two senators no matter how rich or poor The big states will obviously have the tax burden so they agreed that every tax bill must originate in the House, where population counted heavily The President was military commander in chief, can appoint judges, have veto power President will be elected by electoral college than by direct means The 3/5 Compromise: slave is 3/5 a person b/c South wanted to count them as a person so that taxes per person will be lower and that they will have more reps in the house. The North said no because they obviously do not have rights. So the compromise is that they are 3/5 a person. Sucks (use/abuses of power)

Agreement on many issues Members of the constitutional congress generally saw eye to eye when it came to economics. They wanted sound money They wanted a stronger government with three branches and with checks and balances to prevent a “triple headed monster.” It was unanimous that too much democracy or “mobocracy” was to be feared. (Like Shay’s Rebellion) Federal judges were to be appointed for life. Senators were to be chosen indirectly by state legislatures Only in the House of Reps do citizens get to choose their officials by direct vote 42/55 remained for signing of the Constitution. Not everyone was fully happy. They all had to compromise an adopt what was acceptable to the entire body. Great life lesson.

Clash of Feds and Antifeds Nationwide acceptance of the Constitution would not be easy. They needed to get 9/13 states to ratify. Antifederalists were those devoted to states’ rights, back-country dwellers, the illiterate, the uneducated, the poorer class. They suspected that the uppercrust were trying to plot against the lowly folk. Stated that the constitution was drawn up by the aristocratic and was therefore antidemocratic (of the people). Also said that the freedoms of individuals were endangered because there was no bill of rights. They did not like how God was absent from the bill, that there would be a federal stronghold (DC). Federalists were respectable people who were cultured, had property. Most lived along the seaboard.

The ratification race All states but Virginia, New York, North Carolina, and Rhode Island accepted the federal government under the Constitution. It was officially adopted on June 21, 1788 Patrick Henry of VA believed the “C” as the death warrant of liberty. But obviously, it could not continue as an independent state while the constitution gets ratified. The Federalist – written by John Jay, James Madison, and Alexander Hamilton. Articles in New York newspapers trying to get support for ratification. NY caved. Yay! North Carolina and Rhode Island were the last two ruggedly individualist centers of the “other-wise” minded. They caved in once the government had already started North Carolina and Rhode Island ratifying last minute is like…