Chapter 7 Founding a Nation

Chapter 7: Founding a Nation America Under the Confederation What were the achievements and problems of the Confederation government? The Articles of Confederation Articles of Confederation was the first written constitution drafted by Congress in 1777 (ratified 1781) o Sought to balance need for national coordination of the War on Independence with fear of centralized power o (danger to liberty) More of a treaty for mutual defense (“firm league of friendships”) o 13 states retained individual “sovereignty, freedom, and independence” National government o Consisted of a one house Congress  1 vote per state (regardless of population)  No president to enforce laws  No judiciary to interpret laws  Major decisions required 9 votes (not simple majority) o Only power specifically granted to national government were those essential to independence  Declaring war  Conducting foreign affairs  Making treaties with other governments o Had no financial resources o o  Could coin money  Lacked power to levy tax or regulate commerce  Revenue came from individual state contributions To amend Articles: required consent of ALL states Established national control over land west of 13 states  Originally, Virginia, Connecticut, Carolinas claimed lots of western land Eventually ceded western land claims in the name of national unity Congress, Settlers, and the West Congress’ position was that Indians, by aiding the British during the war, forfeited their right to land between states and Mississippi River o No distinction made between tribes that sided with enemy, sided with patriots, or were neutral o Indians surrendered their land at peace conferences at demand of state representatives Confederation was conflicted on what to do with western land o Some believed economic health required farmers have land o Some believed land sales as a potential revenue source Large population movement from settled parts of original states to frontier areas (upstate NY, and across Applician Mountains to Kentucky and Tennessee) o Settlers believed the right to take possession of land and use it as they saw fit was essential to American freedom o Leaders  Believed unregulated flow of population across mountains would provoke warfare with Indians  Saw frontier settlers as disorderly and lacking respect for authority 1 The Land Ordinances The Ordinance of 1784: A law drafted by Thomas Jefferson hat regulated land ownership and defined the terms by which western land would be marked and settled o Established stages of self-government for the west o o o 1st Congress would govern territory Then territory would be admitted to the Union as a full state Congress rejected clause that would have prohibited slavery in the west by a single vote The Ordinance of 1785: A law that regulated land sales in the Old Northwest (north of Ohio River). The land surveyed was divided into 640-acre plots and sold at $1 per acre o In each town, one section would be set aside to raise funds for public education Price put land out of hands of settlers o Ended up buying smaller parcels from speculators and land companies o 1787, Congress sold large tracts to private groups o Settlers pressed for reduction in land price (Homestead Acts of 1862) The Northwest Ordinance of 1787: Law that created the Northwest Territory (area north of the Ohio River and west of Pennsylvania), established conditions for self-government and statehood, included a Bill of Rights, and permanently prohibited slavery o Area above Ohio River and east of Mississippi River to be divided in 3-5 states o o o Empire of Liberty: The idea, expressed by Jefferson, that the United States would not rule its new territories as colonies, but rather would eventually admit them as full member states Indians land would not be taken without consent  Assumed treaties, purchase, or voluntary removal would occur Slavery prohibited  Owners still brought slaves saying they voluntarily signed long-term labor contracts The Confederation’s Weakness Worsening economic problems (government and citizens) o Congress borrowed large sums of money by selling interest-bearing bonds o  Couldn’t pay interest: lack of revenue Congress paid soldiers and suppliers in notes to be redeemed in the future o  Couldn’t pay debt: lack of revenue Ships barred from trading with West Indies (British) o Imported goods flooded market  Undercut business of local craftsmen  Drove down wages  Drained money out of the country 1784, Empress of China sailed for Canton o First ship flying American flag o Carried furs, wine, Spanish silver dollars, American ginseng o o o Returned with silk, tea, Chinese porcelain (aka “China”) Investors turned huge profit Still couldn’t compensate for losing West Indies trading market States adopted their own economic policies (because Congress couldn’t act) o Imposed tariff duties on imported goods o o Printed large sums of paper money  Increased currency circulation  Individuals could pay their debts Laws postponing debt collection 2  Creditors considered this an attack on their property rights Shay’s Rebellion Shay’s Rebellion: Attempt by Massachusetts farmer Daniel Shays and 1,200 compatriots, seeking debt relief through issuance of paper currency and lower taxes, to prevent courts from seizing property from indebted farmers o Crowd of debt-ridden farmers closed courts to prevent seizures if their land for failure to pay taxes  Called themselves “regulators” o Modeled tactics after 1760’s and 1770’s rebellions  Liberty trees and liberty poles as symbols for cause o Governor James Bowdoin dispatched army  Rebels dispersed in January 1787 o Persuaded an influential group of Americans that national government must be strengthened so it could: o  Develop uniform economic policies  Protect property owners from infringements on rights by local majorities Danger to individual rights was no longer a tyrannical central government but from people themselves  Private liberty (secure property rights) could be endangered by public liberty (unchecked power in the hands of the people) Nationalists of the 1780s Nationalists o Supporters of stronger national government o  Included James Madison and Alexander Hamilton Believed country’s future greatness depended on enhancing national authority o o Critics of Articles Included army officers, members of Congress accustomed to working with individuals from different states, diplomats who represented the country abroad Influential economic interests desired stronger national government o Bondholders—despaired of being paid so long as Congress lacked a source of revenue o Urban artisans—sought tariff protection from foreign imports o Merchants—desired access to British markets o Citizens—feared that states were interfering with property rights September 1786, delegates from 6 states met at Annapolis, Maryland o Considering how to better regulate interstate and international commerce o Proposed another meeting in Philadelphia to amend Articles   May 1787—all assembled (except Rhode Island) Decided to scrap Articles and draft a new constitution A New Constitution What major compromises molded the final content of the Constitution? Constitutional Convention: Meeting in Philadelphia, May 25-September 17, 1787, of representatives from 12 colonies —excepting Rhode Island—to revise the existing Articles of Confederation; the convention soon resolved to produce an entirely new constitution o George Washington, Benjamin Franklin (John Adams and Thomas Jefferson were serving as diplomats in Europe at the time) o 1/10th of 1% of Americans attended college  More than ½ of the delegates had college education 3 The Structure of Government New Constitution would create a legislature, an executive, and a national judiciary o Congress would have power to raise money without relying on states o States could not infringe on rights of property o Government would represent the people Differences emerged over proper balance between o Federal and state government o Large and small states Virginia Plan: Virginia’s delegation to the Constitutional Convention’s plan for a strong central government and a twohouse legislature apportioned by population o Presented by James Madison o Smaller states feared populous Virginia, Massachusetts, and Pennsylvania would dominate New Jersey Plan: New Jersey’s delegation to the Constitutional Convention’s plan for one legislative body with equal representation for each state o Single house Congress—each state cast 1 vote (like in Articles) Compromise between plans = Two House Congress consisting of: o Senate—each state has 2 members  Senators chosen by state legislators for term of 6 years Protected them from sudden shifts in public opinion o House of Representatives—apportioned according to population  Elected every 2 years directly by the people The Limits of Democracy The mode of choosing House of Representatives signaled expansion of democracy Constitution imposed no property or religious qualifications for voting o Left to states to set voting rules New structure of government was less than democratic. Delegates: o Sought to shield national government from popular enthusiasm that had alarmed them in the 1780s o Wanted to ensure the right kind of man held office  Assumed that Senate would be composed of each state’s most distinguished citizens  House of Reps was small—assumed only prominent individuals could win elections Delegates did not provide for direct election of either federal judges or the president (indirect elections) o Supreme Court members appointed by president for life term o President chosen by either  Members of an electoral college  House of Reps o State’s electors chosen by either  Its legislature  Popular vote Delegates devised system of indirect election because they did not trust ordinary voters to choose o Each elector cast 2 votes for president o o Runner up = vice president If no candidate received majority vote  President would be chosen out of top 3 by House of Reps with each state casting 1 vote  Senate would elect vice president The Division and Separation of Powers Constitution is sparse and only provides the briefest outline of new government structure o Embodies two basic political principles 4 1. Federalism (division of powers): A system of government in which power is divided between the central government and the states o Strengthened national government (compared to the Articles) o o President: enforce law, command military Congress: levy taxes, borrow money, regulate commerce, declare war, deal with foreign nations and Indians, promote the “general welfare” o States barred from infringing on property rights, printing paper money, impairing contracts, interfering with interstate commerce, levying their own import or export duties  Left to states: education, law enforcement 2. Checks and balances (separation of powers): A systematic balance to prevent any one branch of the national government from dominating the other two o Congress: enacts laws BUT  President can veto them 2/3 majority required to pass legislation over his objection o Federal judges: nominated by president  Approved by Senate To ensure independence, judges serve for life o President: can be impeached by the House and removed from office by Senate for “high crimes and misdemeanors” The Debate over Slavery Words “slave” and “slavery” do not appear in Constitution o Concession to the sensibilities of delegates—feared they would “contaminate the glorious fabric of American liberty” Constitution contained protections for slavery o Prohibited Congress from abolishing the importation of slaves for 20 years o Required states to return fugitive slave to their owners o Three-fifths Clause: 3/5 of the slave population would be counted in determining each state’s representation in the House of Reps and its electoral votes for president South Carolina’s influence on Constitution: o Delegates came to convention determined to defend slavery o  Originated the fugitive slave clause and the electoral college Insisted on strict limits on power of Congress to levy taxes within states  Feared future efforts to raise revenue by taxing slave property Slavery in the Constitution Constitution’s slavery clauses were compromises (middle ground between institution’s critics and defenders) o Clause allowed commerce condemned by civilized society to continue until 1808 o January 1, 1808—Congress prohibited future importation of slaves  During the 20 years, 170,000 Africans brought Replace those that escaped with Britain Provide labor for the expansion of slavery to fertile land away from the coast Fugitive Clause accorded slaves ”extraterritoriality”: bondage remained attached to person even if they escaped to a state where slavery was abolished o Did not say who was responsible for capturing fugitive slave o Did not say what judicial procedures would be used to return them to bondage Constitution gave national government no power to interfere with slavery in the states Three-Fifths Clause allowed white south greater power over national affairs than the size of its free population warranted 5 o Enhanced the number of southern voters in House of Reps and therefore in electoral college (number of electors for each state determined by adding together its senators and reps) o 12 of the first 16 elections (1788-1848) = southern slave holder in White House Threat to slavery: new government might take steps to arm and liberate slaves The Final Document Preamble: “We the people of the United States” o Constitution’s purposes including to “establish justice”, promote “the general welfare”, and “secure the blessings of liberty”  Articles had failed to accomplish Last session of Constitutional Convention took place on September 17, 1787 o 39/45 signed document despite it’s imperfections at the urging of Benjamin Franklin  Sent to states for ratification Ratification process led to national debate over the best way to preserve American freedom Constitution created new for American development o National economic market o o o National political institutions Reduced the powers of the states Sought to place limits on popular democracy The Ratification Debate and the Origin of the Bill of Rights How did Anti-Federalist concerns lead to the creation of the Bill of Rights? The Federalist Debates of ratification occurred o Each state held election for delegates to a special ratifying convention o Public battle produced hundreds of pamphlets, newspaper articles and campaigns to elect delegates  Collection of 85 essays that appeared in the NY press in 1787-1788 in support of the Constitution; written by Alexander Hamilton, James Madison, and John Jay and published under the pseudonym “Publius” Hamilton and Madison: rather than posing danger to Americans’ liberties, the Constitution protected them o Checks and balances and division of power made political tyranny almost impossible “Extend the Sphere” Madison’s Federalist nos. 10 and 51 o Identified the essential dilemma of the new government: government must be based on the will of the people, yet the people had shown themselves susceptible to dangerous enthusiasms o Problem of balancing democracy and respect for property would grow  Economic development would inevitably increase poor population  What was to prevent poor from using their political power to secure “a more equal distribution” of wealth by seizing he property of the rich? o Balance of power and nation’s size and diversity  In a nation the size of the US, so many distinct interests (economic, regional, political) would arise that no single one would ever be able to take over government and oppress the rest Size of the republic = secured American’s rights = reinforced tradition that saw continuous westward expansion as essential to freedom 6 The Anti-Federalists Anti-Federalists: Opponents of the Constitution who saw it as a limitation on individual and states’ rights; their demands led to the addition of a Bill of Rights to the document o Insisted that Constitution shifted balance between liberty and power in favor of power Anti-Federalists consisted of o State politicians—fearful of their influence diminish o o o Small farmers—supported the state debtor-relief measures of the 1780s (federalists disapproved of this) Others—denounced protection of slavery Others—wanted that the powers of Congress were so broad that it might enact a law for abolition Predicted that new government would fall under sway of merchants, creditors, and other against the interests of ordinary Americans o Self-government flourished in small communities (rulers and ruled could interact regularly) o “Well born” would dominate “common people” Anti-Federalist watchword: “Liberty” o Freedom on institution and limited nature of government o Wanted life grounded in local and democratic institutions o No Bill of Rights: First 10 amendments to the U.S. Constitution, adopted in 1791 to guarantee individual rights against infringement by the federal government  Trial by jury, freedom of speech, freedom of press Constitution support o Flourished in nation’s cities and commercial marketplaces o Most energetic were men with substantial property o Urban artisans, laborers, and sailors—government’s “energy and power” would revive depressed economy Madison won support for the Constitution by promising a the 1st Congress would enact a Bill of Rights Mid-1788, required 9 states ratified Constitution o Rhode Island and North Carolina had no choice The Bill of Rights Bill of Rights: First 10 amendments to the U.S. Constitution, adopted in 1791 to guarantee individual rights against infringement by the federal government Madison believed the Bill of Rights “redundant and pointless” o “Parchment barriers” to the abuse of authority would prove least effective when most needed Every new state constitution contained some kind of statement of rights, so people believed the Constitution should also have one o 1st Amendment: No legislation regarding religion or infringing on freedom of speech, press of right of assembly o 2nd Amendment: Right to bear arms and a well-regulated militia o 10 Amendment: Powers not delegated to the national government or prohibited to the states was given to the states o Other Amendments: Prohibited arrests without warrant and testifying against self, reaffirmed right to trial by jury Constitution recognized religious freedom o Purely secular document—no reference to God o Bars religious tests for federal officeholders o 1st Amendment bars legislating on the subject of religion Applied only to the federal government o Reinforced idea that concentrated national power posed greatest threat to freedom Freedom of speech was among most important rights—vital building blocks of a democratic public sphere 7 We the People How did the definition of citizenship exclude Native Americans and African-Americans? National Identity Constitution identifies 3 populations living in the United States o Indians—treated as members of independent tribes and not part of politics o o “Other persons”—salves “The People”—only 1/3 of North American’s population were entitled to American freedom Indians in the New Nation The government hoped to encourage the westward expansion of white settlement which implied one of three things: o 1. Removal of Indian population to lands even further west o 2. Their total disappearance o 3. Their incorporation into white “civilization” with the except that they might one day become a part of American society Indians had no representation Constitution excluded Indians “not taxed” from being counted in determining state’s number of congressmen Treaties with Indians was a way to transferring their land to the federal government Treaty of Greenville: 1795 treaty under which 12 Indian tribes ceded most of Ohio and Indiana to the federal government, and which also established the “annuity” system o Little Turtle of Miami Confederacy defeated American forces in Ohio Valley o o o Costliest war for Americans by Indians 1794, 3,000 Americans defeated Little Turtle’s forces—led directly to treaty Annuity System: yearly grants of federal money to Indian tribes that institutionalized continuing government influence in tribal affairs and gave outsiders considerable control over Indian life Some believed Indians were not inferior but jus living at a less advanced pace o To assimilate them, Congress authorized President Washington to  Give agricultural tools and animals to Indian men  Give spinning wheels and looms to Indian women  *Adoptions of gender norms would be sign of Indians becoming “civilized” Many Indians rejected this—freedom meant retaining tribal autonomy and identity Blacks and the Republic Original Constitution doesn’t not define who citizens are o Status of blacks left to states for determination Gradual Emancipation: A series of acts passed in state legislatures throughout the North in the years following the Revolution that freed slaves after they reached a certain age, following lengthy “apprenticeships” 1782 book by Hector St. John de Crevecoeur that popularized the notion that the United States was a “melting pot” while excluding people of color from the process of assimilation Many whites excluded blacks from the conception of the American people Congress created a uniform system by which immigrants became citizens Naturalization Act of 1790 offered first legislative definition of American nationality o Restricted process of becoming citizen from abroad to “free white persons” o 1870—Africans were allowed citizenship o o 1940s—Asians eligible for citizenship 1924—Native Americans granted citizenship 8 Jefferson, Slavery, and Race White Americans viewed blacks as permanently lacking qualities that made freedom possible—self-control, reason, and devotion to a larger community Thomas Jefferson’s 1785 book that claimed, among other things, that black people were incapable of becoming citizens and living in harmony alongside white people due to the legacy of slavery and what Jefferson believed were the “real distractions that nature has made” between races Jefferson obsessed with connection between heredity and environment, race and intelligence o Believed individuals’ abilities and achievements are shaped by social conditions o Hoped that no group was fixed in status of inferiority  o In case of blacks, he was suspicious that nature permanently deprived them of the qualities that made republican citizenship possible Believed blacks should be free but in their own cities with common experiences, values and inborn abilities Principles of Freedom Emergence of racial distinctions o Race emerged as a convenient justification for the existence of slaver in a land that claimed to be committed to freedom 9