Chapter 9 The Confederation and the Constitution
The Pursuit of Equality
- “All men are created equal”
o Most states reduced (but not completely eliminated) property-holding requirements for voting
o Ordinary men demanded to be “Mr.” And “Mrs.”
§ Once reserved for wealthy and highborn.
o Ridiculed lordly claims of Continental Army officers
§ Officers formed Society of Cincinnati, an exclusive hereditary order.
- Social democracy growth
o Removed remaining medieval inheritance laws, incl. primogeniture laws.
- Separation of Church v. State
o Congregational Church continued to be legally est. in some New England states
o Anglican Church reformed to Protestant Episcopal Church
§ Everywhere disestablished
§ Tained by association w/ British crown.
o Virginia longest struggle for separation
§ Prolonged to 1786
§ Freethinking Jefferson, co-reformers, incl Baptists, won separation via Virginia Statute for Religious Freedom.
- Challenges to slavery
o Motivated by egalitarian sentiments from war
o Philadelphia Quakers 1775 founded world’s first antislavery society.
o The noxious trade in “black ivory”
§ Continental Congress 1774 called for complete abolition of slave trade.
· Several north states either abolished slavery completely or provided for gradual emancipation of blacks.
· Some idealistic masters on plantations of Virginia freed slaves.
§ HV No states south of Pennsylvania abolished slavery
§ All states discriminated harshly against freed blacks.
· Laws against interracial marriage, barred from purchasing property, certain job, educating children.
o Founding Fathers did not press issue further as slavery would have disunited nation
§ National unity required now.
§ “Great as the evil [of slavery] is, a dismemberment of the union would be worse”
· James Madison, young Virginian planter.
- Inequality of women
o Some women served in military, disguised as men.
o New Jersey’s new constitution in 1776 for some time enabled women to vote.
o HV most women in Revolutionary era still doing traditional women’s work
o Movements towards equality
§ “Civic virtue” center of republican ideology.
· Notion that democracy depended on unselfish commitment of citizens to public good.
· TF mothers could cultivate habits of virtuous citizens.
o Selfless devotion to family often model of proper republican behavior
§ AR “republican motherhood” took root.
· Elevated women to newly prestigious role
o Education opportunities expanded
o Expected women to better cultivate virtues
· TF bore crucial responsibility.
Constitution Making in the States
- 1776 Continental Congress called upon colonies to draft new constitutions
o Connecticut and Rhode Island merely edited colonial charters
§ Others constitution writers worked tirelessly to capture republican
o Massachusetts called a special convention to draft its constitution then sent draft directly to people for ratification
§ Adopted in 1780
§ Constitution only to be changed by another special constituional convention.
- Newly penned state constitutions similarities
o Made easier drafting of a workable federal charter
§ In British tradition a “constitution” not a written document, but accumulation of laws, customs, precedents
§ AR Americans’ constitution different
· Documents defined powers of government, as did old colonial charters and were written.
· HV drew power from the people
§ Intended to represent fundamental law superior to temporary decrees of legislation
§ Written documents incl. bills of rights
· Guaranteed long-prized liberties v. later legislative encroachment.
o Required annual election of legislators
§ TF had to stay in touch w/ people
o Legislators deliberately created weak executive, judicial branches
§ AR of conflict w/ previous British crown that implanted deep distrust in despotic governors and arbitrary judges.
§ Legislatures were given most power
· B/c presumed most democratic
· HV “173 despots [in a legislature] would surely be as oppressive as one” Thomas Jefferson
o Others soon agree
- Legislations now more democratic
o Recently enfranchised citizens of poorer western districts more influence
§ Moved several state capitals from eastern seaports to interior
· Capitals of New Hampshire, New York, North Carolina, South Carolina and Georgia all moved westward.
· AR more political shifts that deeply discomfited conservative Americans
Economic Crosscurrents
- States reclaim former crown lands
o Large Loyalist holdings confiscated and eventually cut up into small farms
§ AR spread economic democracy
§ TF United States economic democracy preceded political democracy.
- Manufacturing
o Sharp stimulus given via prewar non-importation and later war itself
§ HV now goods formerly imported from Britain mostly cut off
§ TF Yankees forced to make their own.
· Brandywine Creek south of Philadelphia turned to major water wheel industry
· HV America still remained generally agriculture based
- Drawbacks in economy due to independence
o Britain had still had parts of commerce reserved for loyal parts of empire
§ TF American ships barred from British, British West Indies seaports
· AR fisheries disrupted, bounties for ships’ stores ended.
- New economic freedom
o Enterprising New England shippers ventured into Baltic and China Seas
§ Entered East Asian markets
- Harmful effects of war on economy
o Loyalists had profits as high as 300%, HV average citizen was worse off financially after than before the war.
o AR new class of profiteers were conspicuous
o War also encouraged disrespect for taxes and for the majesty of law generally.
A Shaky Start Toward Union
- Resentment towards those with authority
o While leaders preached “natural rights”
- Departure of conservative Tory element
o AR gov to experiment and innovation
- With war gone, Patriots had no cause for unity
o Economic hardship hit bottom in 1786
§ British manufacturers w/ surpluses began flooding American market w/ cut-rate goods
§ AR America industries suffered from ruthless competition.
- Some hopeful signs
o 13 sovereign states alike in gov structure, functioned under similar constitutions
o Rich political inheritance from Britain and from homegrown self-gov.
o Blessed w/ political leaders incl. Washington, Madison, Adams, Jefferson, and Alexander Hamilton.
Creating a Confederation
- Second Continental Congress
o Was merely conference of ambassadors from 13 states.
§ Did not have constitutional authority, asserted some control over military affairs and foreign policy.
§ Though states were sovereign
· Coined money, raised armies, navies, and had tax barriers.
· Legislat ure of Virginia also separately ratified treaty of alliance of 1778 w/ France
o Shortly before declaring independence, a committee appointed to draft a written constitution for new nation.
§ AR was the Articles of Confederation.
§ Adopted by Congress in 1777
· Translated to French after Battle of Saratoga to convince France that America had genuine gov in making.
§ HV were not ratified by all states until 1781
· Shortly before victory at Yorktown.
- The six jealous states
o Incl. Pennsylvania, Maryland, had no holdings beyond Allegheny Mt.
o Seven, incl New York and Virginia, favored w/ enormous acreage.
§ Due to earlier charter grants
o AR 6 land-hungry states argued that land-wealthy states would not have kept land if all did not fight for it.
§ AR argued for land-blessed states to sell trans-Allegheny land to pay for debts AR of common cause.
- Giving up the Allegheny Land
o Unanimous approval of Articles of Confederation required
§ AR land-starved Maryland stubborn until March 1, 1781.
· Only gave out when NY and Virginia surrendered western claims.
o Congress pledged to use vast areas for common benefit and to carve out “republican states” not colonies from land.
§ States would eventually be admitted to union on terms of complete equality.
§ TF reflected anticolonial spirit of Revolution.
§ Pledge later fully redeemed in Northwest Ordinance of 1787.
o AR public lands transferred to central government.
§ States exchanged wealth for share of advantages from landsales.
§ TF westward pioneers purchased farms from federal government.
· Looked to national capitals as v. state capitals.
· AR weakening of local influence.
· AR uniform national land policy made possible.
Articles of Confederation: America’s First Constitution
- A clumsy Congress was chief agency of gov
o No executive branch due to George III
o Judicial branch left exclusively to states.
o Inequality of votes
§ All states had one vote
§ AR 68000 Rhode Islanders had same voice as 680,000 Virginians.
o Passing bills with subjects of importance
§ Required support of nine states.
o Amendment of articles required unanimous ratification.
§ Almost impossible, which AR amending process unworkable.
§ Fortunately, for soon would replace with effective Constitution
- A weak Congress
o Purposely designed to be weak
§ Suspicious states just won control over tax and commerce from Britain
§ AR No desire to yield power to parliament.
o No power to regular commerce.
§ Left states to freely establish laws of tax and navigation
· AR conflictingly different laws
§ Could not enforce tax-collection
· Est. tax-quota for each of states then asked them to “please” contribute their share
- HV often received less than ¼ of requests
o Set in Philadelphia, and could advice, advocate and appeal there
§ HV w/ independence states could not command, coerce or control.
o AR could not protect itself
§ 1783 dangerous threat from group of Pennsylvania soldiers who demanded back pay
· Congress appealed in vain for state protection
· HV members were forced to move to Princeton College in Jersey
· AR new Congress w/ paper powers was even less effective than old Continental Congress.
- Articles of Confederation as a model for what a loos confederation ought to be.
o Proved to be outstanding against European governments, HV proved to be more like a tightly knit federation
§ Federation is union of partially self-governing states united under a federal government, while confederation is union of sovereign states.
· AR the states were free to control their local affairs.
o HV paved way to present Constitution.
§ Clearly outlined general powers of central gov
· Incl. making treaties, est. postal service.
· Was first written constitution of the Republic.
· Kept alive ideal of union and held states together.
Landmarks in Land Laws
- Congress of Confederation passed farsighted landlaws
o Land Ordinance of 1785
§ Acreage of the Old Northwest should be sold and the proceeds used to help pay off national debt.
§ Vast area to be surveyed b4 sale, settlement
· AR reducing confusion and lawsuits.
§ Was to be divided according to diagram.
· 16th square set aside for benefit of public schools.
§ AR Orderly settlement of NW territory contrasted w/ chaotic south land settlement.
o Northwest Ordinance of 1787
§ Related with how a government should w/ colonies
§ First area would be subordinate to government
· When territory had 60,000 inhabitants, would be admitted by Congress as state
· AR then would have rights of thirteen charter members.
§ Was precisely what Continental Congress promised states when they surrendered lands in 1781
§ AR Congress solved problem of empire.
The World’s Ugly Duckling
- Strained relations w/ Britain
o Refused to send minister to America’s “backwood” capital
§ Also suggested that it would have to send 13.
o Refused to make commercial treaty or repeal ancient Navigation Laws.
§ Lord Sheffield argued Britain would win back America’s trade anyhow.
o Officially cut off profitable West Indies trade from America
§ HV Yankees cont. smuggling.
o British agents sought to annex rebellious area of Vermont to Britain
§ MW redcoats cont. a chain of trading posts on America soil.
· Maintained fur trade w/ natives.
· Excuse for remaining was failure of states to honor treaty of peace in regard to debts and Loyalists.
§ HV British also remained to win favor from Indians as a barrier v. future American attacks on Canada.
o Americans respond in anger
§ Demanded that US impose restrictions on British imports to America.
§ HV Congress couldn’t control commerce and all states refused to adopt uniform tax policy.
· Some states lowered tax to attract an unfair share of trade
- Friendly relations with Spain
o Though recent enemy of Britain.
o Controlled the mouth of important Mississippi
§ AR pioneers of Tennessee and Kentucky forced to float their produce.
o 1784 Spain closed river to American commerce MW claiming large area north of Gulf of Mexico, incl. Florida (granted to US by British in 1783)
§ MW held important fort at Natchez and schemed w/ neighboring Indians
· AR antagonized land policies of Georgia and North Carolina.
- AR Spain and Britain influences w/ resentful Indian tribes prevented American effective control over about ½ of territory.
- Tense relations with French
o Demanded repayment of money loaned during war
o Restricted trade w/ West Indies and other ports.
- Threats from Africa
o Notorious pirates of North African states, incl. Dey of Algiers ravaged America’s Mediterranean commerce
§ Enslaved Yankee sailors
§ MW British purchased protection for own subjects
· AR Americans no longer included
· HV some Yankee traders engaged in trade w/ forged British protection papers, though not all very lucky
- John Jay secretary for foreign affairs
o Hoped the humiliation would motivate Americans to frame new gov at home.
The Horrid Specter of Anarchy
- Economic hardship
o Taxing system was breaking down and some states refused to pay anything.
o MW interest on public debt piling up
- Chaos among states
o Quarrels of boundaries AR some battles.
o States levied tax on goods from neighbors.
o MW some states began distributing depreciated paper currency
§ Some passed laws approving semiworthless “rag money”
- Shay’s Rebellion flared up in western Massachusetts 1786
o Impoverished backcountry farmers (many war veterans) lost farms through mortgage foreclosures.
o AR led by Captain Daniel Shays, desperate debtors demanded cheap paper money, lighter taxes and a suspension of property take overs.
§ AR Mass. Authorities, supported w/ wealthy citizens, raised a small army.
§ Brought down movement.
· Shays, who believed he was fighting v. tyranny, condemned to death but later pardoned.
o AR outbursts of other debtors struck fear in hearts of propertied class.
o People recognize republicanism out of control
§ Saw that civic virtue no longer sufficient to rein in self-interest and greed.
§ AR conservatives anxious to safeguard wealth and position exaggerated seriousness of nation’s plight
· Eager to amend the Articles of Confederation to favor a strong central government.
§ MW poorer citizens feared powerful federal gov would force more taxes.
- HV all critics of Articles of Confederation agreed it required strengthening.
o Differences over how goal should be attained and division b/w state rights and central gov rights.
o TF new Constitution spared Republic w/ what would have been costly indecision.
- MW nationwide picture brightened b4 Constitution drafted
o Nearly half of states stopped issuing semiworthless paper currency.
o Prosperity beginning to emerge from depression.
o By 1789 overseas shipping regained place in commercial world
A Convention of “Demigods”
- Problems of authority over commerce.
o Conflicts b/w states
§ AR Virginia issued a call for a convention at Annapolis Maryland.
§ HV 5 states were represented though 9 appointed delegates
o Alexander Hamilton saves the convention from complete failure
§ 31 yr old charismatic Nyer
§ Called upon Congress to summon a convention to meet in Philadelphia next year to deal w/ commerce and Articles of Confederation.
· MW Congress was dying in NYC and reluctant to take step towards possibly hastening death
· HV six of states appointed delegates anyhow, TF Congress called for convention “for the sole and express purpose of revising” the Articles of Confederation.
- The Convention
o Every state chose representatives except for independent-minded Rhode Island.
§ Leaders were all appointed by state legislatures
· Elected by voters who qualified as property holders.
· AR of qualifications, brought together select group of propertied men
o Though they did not shape Constitution primarily to protect financial interests
§ When one suggested restricting federal office to property owners, promptly denounced for “interweaving republican constitution w/ veneration for wealth”
o 55 emissaries from 12 states met at Philadelphia 1787
§ Small assemblage facilitated compromise and acquantance.
§ Sessions held in secrecy w/ armed guards.
· Delegates knew there would be heated differences.
· Most were able lawyers and old hands at constitution making in own states.
o MW George Washington unanimously elected as chairman.
§ Served to quiet overheated tempers
o Benjamin Franklin, 81, inclined to become very talkative.
o James Madison 36, contributed many to be “the Father of the Constitution”.
o Alexander Hamilton, 32, was an advocate of having a powerful central government.
§ Gave a 5 hour speech for his plan, though only convinced himself.
o Most fiery Revolutionary leaders were absent
§ Thomas Jefferson, John Adams, Thomas Paine in Europe
§ Samuel Adams, John Hancock not elected by Massachusetts
§ Patrick Henry, champion of states’ rights, chosen as delegate from Virginia but declined to serve.
§ AR stage yielded to those interested in fashioning solid political systems.
Patriots in Philadelphia
- Regarding the 55 delegates
o Conservative lawyers, merchants, shippers, land speculators, moneylenders
§ None from debtor groups.
§ 19/55 owned slaves
§ Average age of around 42, young but experienced.
o Most importantly were nationalists
§ More interested in preserving/strengthening Republic than continuing democracy, for now.
§ Believed in republicanism but sought to protect American experiment from weaknesses abroad
o Aimed to make central government w/ powers over tariffs so America can have satisfactory commercial treaties from foreign nations.
§ AR of British mercantilists, Dey of Algiers, and Lord Sheffield was also a Founding Father
o Determined to ensure security of life and property against “mobocracy”.
o Sought to curb unrestrained democracy in various states
§ “We have, probably, had too good an opinion of human nature in forming our confederation”.
· AR Daniel Shays was yet another Founding Father
- All were motivated by fear.
Hammering Out a Bundle of Compromises
- A scheme to throw away Articles of Confederation
o Determined to overthrow existing government through peaceful means
§ Scheme proposed by populous Virginia
o Essence was that representation in both houses of a bicameral Congress should be based on population, aka “the large-state plan”
§ AR would give larger states an advantage.
- MW tiny New Jersey countered w/ “small-state plan”
o For equal representation in unicameral Congress by states regardless of size and population, like current Articles of Confederation.
§ Smaller states feared bigger states would band together and tower over smaller states in “large-state plan”.
- AR heated angry debates led to deadlock.
o Even Franklin proposed daily sessions be opened w/ prayer.
- The “Great Compromise”
o Larger states got representation by population in House of Representatives while smaller states appeased via equal representation in Senate.
§ Each state two senators
§ Representatives in the House where population counted more heavily.
· Where every tax bill or revenue measures must originate in the House.
- AR new Constitution provided for strong, independence executive in presidency.
o Were inspired where powerful popularly elected governor of Massachusetts suppressed Shays’ rebellion.
§ TF president to be military commander in chief and have wide powers of appointment to domestic offices, incl. judgeships.
§ Also to have power to veto over legislation.
- AR Constitution drafted was a lot of compromises.
o Electoral college
§ Would elect the president through indirect means.
§ Large states would have advantage of first round of popular voting
· State’s share of electors based on total of senators and representatives.
§ HV smaller states would gain voice if no candidate got majority of electoral votes and election was thrown to House of Representatives where each state had only one vote.
· Framers expected election by the House to occur frequently, but only happened twice via 1800 and 1824.
o Sectional jealousy
§ Issue of whether a slave should count as a person in direct taxes and in representation of House of Representatives.
· South said yes while North replied no.
· AR of compromise, slave to be “3/5ths” of a person
o TF was the “3/5ths Compromise”
o Issue of slavery
§ Most states wanted to shut off African slave trade.
· HV South Carolina and Georgia req. slave labor in rice paddies and swamps.
§ AR to compromise, convention stipulated that slave trade end at 1807 at which Congress could turn off the spigot
· MW all new state constitutions except Georgia’s forbade overseas slave trade.
Safeguards for Conservatism
- Agreements and compromise
o Economically members of the Constitutional Convention demanded sound money and protection of private property
o Politically were in basic agreement.
§ Favored a strong government w/ three branches and checks and balances.
o Virtually unanimous in believing that man-suffrage democracy or a government by “democratic babblers” was something to be feared and fought.
- Shays’ Rebellion frightened many conservative delegates
§ They deliberately erected safeguards v. “mob”
· Federal judges to be appointed for life
· Powerful president to be elected indirectly by Electoral College
· Lordly senators to be chosen indirectly by state legislatures.
o Where only the House has direct representation
- HV charter still contained democratic elements
o Was only legitimate gov based on consent of the governed, and that the powers of the gov should be limited.
§ In this case specifically limited as written in constitution.
o Virtue of people, not authority of state, to be ultimate guarantor of liberty, justice and order.
§ “We the people” begins the preamble.
- AR after 17 weeks of debate May 25 – Sept 17 1787, only 42 of 55 original members remained to sign the Constitution.
o 3 of 42 refused to sign and returned to states to resist ratification.
o MW others celebrated occasion though no members were completely happy w/ result.
§ B/c of compromise and long efforts
The Clash of Federalists and Antifederalists
- Acceptance of Constitution faced barriers.
o Required unanimous ratification by all thirteen states.
§ HV Rhode Island was certain to veto the Constitution.
o TF delegates adopted that when 9 states registered approval for specially elected conventions, Constitution would become supreme law of the land in those states ratifying.
§ AR was an appeal over heads of Congress, legislatures and people as the framers could claim greater popular sanction for their work.
§ TF a divided Congress submitted the Constitution to the states on this basis, w/o recommendation of any kind.
- The public were astonished
o Convention secrets well concealed
o Expected the Articles of Confederation to be patched up.
§ AR many viewed new document as the precious state sovereignty swallowed up.
§ TF came antifederalists, who opposed a stronger federal government, and the federalists.
- Antifederalists
o Leaders incl. prominent revolutionaries incl. Samuel Adams, Patrick Henry, and Richard Henry Lee.
§ Usually included states’ rights devotees, backcountry dwellers, in general the poorest classes.
· Joined by paper-moneyites and debtors.
· Feared that potent central gov would force them to pay off debts.
o Voiced objection to “gilded trap” of the Constitution.
§ Cried w/ much truth that it had been drawn up by aristocratic elements and TF was undemocratic.
§ Also charged that sovereignty of states submerged and freedom of individual jeopardized by absence of bill of rights.
· Opposed annual elections for congressional representatives and erecting of a federal stronghold 10 miles square (DC), creation of standing army, omission of any reference to God and highly questionable procedure of ratifying w/ only 2/3 of states.
- Federalists
o Support from George Washington and Benjamin Franklin
§ Most lived in settled areas along seaboard
§ More wealthier, educated and better organized
· Also controlled the press.
The Great Debate in the States
- Candidates were elected on basis of pledges for or against the Constitution.
- Four small states quickly accepted Constitution
- Pennsylvania, number two on ratifiers, was first large state to act
o Not until high-handed irregularities employed by federalist legislature in calling a convention.
§ Incl. forcible seating of two antifederalist members in order to complete a quorum.
- Massachusetts, second most populous state was a pH test.
o Boston ratified convention at first had an antifederalist majority
§ Incl. Shaysites and Samuel Adams, suspicious of gov power in 1787 like he had in 1776.
§ TF buzzed w/ talk of summoning another constitutional convention.
· AR was a choice b/w Constitution and the Articles of Confederation.
· B/c absence of a bill of rights alarmed the antifederalists.
· HV first Congress assured that first Congress would add such a safeguard by amendment,
· AR ratification secured in Massachusetts by narrow margin of 187 to 168
- 3 more states ratified.
o Last of 3 were Hampshire, whose convention first had strong antifederalist majority.
§ HV federalists cleverly arranged a prompt suspension then won over enough neutral people to secure a ratification.
- AR 9 states but Virginia, New York, North Carolina and Rhode Island ratified document
o TF document officially adopted in 1788.
The Four Laggard States
- Virginia provided fierce antifederalist opposition.
o Educated federalists encountered worthy antagonists incl. Patrick Henry.
o George Washington, James Madison, and John Marshall lend influential support
§ AR with New Hampshire about to ratify, Virginia couldn’t continue comfortably as independent state
· TF after exciting debate in state convention, ratification carried 89 – 79
- New York’s antifederalists
o Alexander Hamilton at heart favored much stronger central government than that under debate
§ HV contributed to whipping support for federalism in New York.
§ Joined John Jay and James Madison in posting articles for NY newspapers.
· These essays were most effective propaganda ever written on the Constitution.
· Most famous of these is Madison’s Federalist No. 10
o Refuted conventional wisdom of the day it was impossibile to extend republican form of gov over large territory.
o AR New York finally yielded as it realized could not prosper w/o Union.
§ Ratified at close count of 30 – 27
§ MW approved 32 proposed amendments and in vain hope issued a call for another convention to modify Constitution.
- The last states; North Carolina and Rhode Island.
o Hostile convention in North Carolina
§ Adjourned w/o taking a vote
o Rhode Island did not summon a ratifying convention and rejected Constituion by popular referendum.
- Two were to change their course only after new gov in operation for some months.
- A bitter race for ratification
o Involved some riots and disturbances in NY and Pennsylvania.
o Many under the table pressure on delegates who promised to vote against the Constitution.
§ AR last states ratified only because they could not exist w/o Union
A Conservative Triumph
- Minorities triumph
o First as radicals in the Revolution, then as the minority of conservatives that engineered a peaceful revolution of Articles of Confederation.
§ AR 11 states seceded from the Confederation and left two last ones out.
- Majority had not spoken
o Only about ¼ of adult white males in country, mostly propertied, voted for delegates to the ratifying conventions.
o TF if new Constitution had been submitted to manhood suffrage vote, as in NY, most likely would have met much more opposition.
- Victory of Conservatism
o Safeguards erected against mob-rule excesses
o MW republican gains of Revolution conserved.
§ Radicals incl. Patrick Henry saw themselves upended by conservatives.
o MW federalists believed this could restore economic and political stability.
- Architects of the Constitution were not too conservative
o Conserved principle of republican government, though redefined popular sovereignty.
§ Unlike antifederalists who believed that sovereignty of people in single branch of gov of legislature
o Federalists believed that three branches represented the people.
§ Ingeniously embedded self-rule into a self-limiting system of checks and balances.
· AR prevented conflicting principles of liberty and order.
· AR elevated ideals of Revolution while setting boundaries to them.
- TF conservatives and radicals alike championed heritage of republican revolution.
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