Chapter 9 The Confederation and the Constitution, 1776–1790

The Pursuit of Equality

• • • • • • • When many conservative loyalists left, it gave the new country quite a liberal lean for a decade or more. This paved the way for new ideals and values to sweep the land.

Most states reduced property holding requirements for voting.

One example of social custom change was the change of the title given to an employer from “master” to boss.

– In 1984, New York released a shipload of indentured servants because their status violated democratic ideals.

Society of Cincinnati- an exclusive hereditary order formed by continental army officers, was widely denounced by Americans.

Primogeniture laws were stricken from the law codes.

The Anglican church was disestablished in the south, although the Congregational church hung on for a few more years in New England states.

Thomas Jefferson and others managed to create an extremely liberal Statute of Religious Freedom in Virginia.

The Pursuit of Equality

• • • The Continental Congress called for the abolition of the slave trade in 1774, and some states (especially northern ones) asked for a complete abolition of slavery.

– No state south of Pennsylvania abolished slavery.

– Laws still discriminated against blacks and slaves; slavery was not abolished because the Congress wanted to keep the new nation together.

Civic virtue- the notion that democracy depended on the unselfish commitment of each citizen to the public good.

Republican motherhood- women would be raising the next generation of patriots. – Women were expected to be the keepers of the nation’s conscience. Educational opportunities increased for women, but this new status obscured the fact that women were not enfranchised, nor could they run for office.

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Constitution Making in the States

All of the colonies were asked to recreate themselves as states, and they all needed new constitutions.

Massachusetts used a special ratifying convention, which would be copied by the new Federal government in 1787-88.

Many of the state constitutions had features in common: – Many included a requirement of the annual election of legislators.

– All of them deliberately created weak executive and judicial branches, at least by present-day standards.

– Most of them had bills of rights, guaranteeing civil liberties against encroachments by government.

– Legislatures were given the most power; they had to follow the will of the people in the state.

All of these represented a fundamental foundation of laws for each state, and were supposed to be difficult to alter or amend.

Most of the state capitals moved inland to the center of each state.

Economic Crosscurrents

• • States seized control of former crown lands.

– Many of the large loyalist holdings were confiscated and turned into small farms.

– – In the US, economic democracy preceded political democracy.

The violence of the French Revolution was avoided here because cheap land was so readily available.

A share stimulus was given to manufacturing by the prewar non importation agreements and later by the war itself.

– Goods that had formerly been imported from Britain were mostly cut off and the ingenious Yankees were forced to make their own.

– – Economically speaking, independence had draw backs.

Much of the commerce of Britain was still reserved for the loyalists of the empire.

Economic Crosscurrents

• American ships were now barred from British and British West Indies’ harbors.

– New commercial outlets compensated partially for the loss of the old ones (like French and Dutch ports).

– American ships ventured boldly (and profitably) into the Baltic and China seas.

– States still borrowed more money during the war than they could repay.

– Hyperinflation still hamstrung the economy.

– People were mostly worse off after the war ended than before it started.

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A Shaky Start Toward Union

• • Creating a brand new government was a large responsibility given to the new Americans, and it was especially harder than adopting a pre-made government. However: – Many of the colonies had similar government structures.

– America had strong political leaders such as George Washington, James Madison, John Adams, Thomas Jefferson and Alexander Hamilton.

Creating a Confederation

• Articles of Confederation was our first constitution. Written in 1776.

– The articles were not ratified until 1781.

– One of the major arguments between states was that states with a lot of land could sell the land and pay off their debt easier than the states with smaller land mass, who would probably have to tax themselves.

– The smaller states asked why not turn the whole western area over to the central government?

– A unanimous approval of the Articles of Confederation by the thirteen states was required.

– Land starved Maryland held out until March 1 st , 1781 only because New York and Virginia were refusing to surrender western land claims.

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Creating a Confederation

• Congress pledged itself to dispose of these vast areas for the common benefit.

– Planned to make land claims into states that could be admitted into the union.

– Fertile public lands thus transferred to the central government. It later proved to be an invaluable bond of union.

– Pioneers in the west and the common people began to view the government as a national government rather than separate state governments in which they had been used to before.

The Articles of Confederation: America’s First Constitution

• • The articles provided for a loose confederation or “firm league of friendship” – Basically said that the thirteen states were linked together for joint action in dealing with common problems, such as foreign affairs.

There was no executive branch since George III had left a bad taste.

– Judicial arm was left almost exclusively to the states.

– Each state had a single vote, giving smaller states the same voice as larger states.

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The Articles of Confederation: America’s First Constitution

• • • • Any bills dealing with subjects of importance required the support of nine states.

– – Amendments to the articles required a unanimous vote.

The national government in Philadelphia could advise, advocate and appeal.

The articles were a significant stepping stone towards the present Constitution.

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

Although they were weak, the Articles held the new states together for a few years until the people were ready to consider the need for a stronger government.

Landmarks in Land Laws

• • The “Old Northwest” was an area of land that lay northwest of the Ohio River, east of the Mississippi river, and south of the Great Lakes.

The Land Ordinance of 1785 provided that the acreage of the region should be sold and that the proceeds should be used to help pay off the national debt.

– The new land would be surveyed before sale and settlement, thus forestalling endless confusion and law suits.

– These lands areas were to be divided into townships. Townships were land areas 6 miles by 6 miles split into 36 section with the 16th section reserved for public schools.

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Landmarks in Land Laws

• • • The Northwest Ordinance of 1787 dealt with how unsettled areas could eventually reach statehood. They would not be “colonies” of the US for very long, but first would acquire territory status (tutored on how to become a state), then permanent equality as a state once they reached a population threshold.

– When a territory reached a population of sixty thousand, it might be admitted by Congress as a state, with all the privileges as the thirteen original colonies.

– The Ordinance also banned slavery from the territories, but allowed slaves already living there to stay owned by whites.

This was a fairly visionary law, probably the greatest accomplishment of the Congress.

The World’s Ugly Duckling

• • • • • • Britain officially closed trade between the West Indies and America, through America still smuggled and traded anyway.

Britain still had trading posts in America. From these areas the British tried to agitate and arm the Indians to attack Americans.

Some states dropped tariff rates to attract British shipping, and Congress could not enforce a uniform tax policy.

Spain closed the Mississippi River to American commerce, which bottled up the interior to trade.

France demanded payment of war debts.

The North Africans (Barbary States) attacked American merchants in the Mediterranean. We were too weak to fight and too poor to pay them off.

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• • •

The Horrid Specter of Anarchy

States were printing depreciated paper money, which led to inflation.

States were also not paying their share of taxes to Congress, who had no power to collect it by force. The public debt was piling up with no way to pay it off.

Shays's Rebellion- in western Massachusetts in 1786; when impoverished back-country farmers, who were losing their farms through mortgage foreclosures and tax delinquencies, attempted to enforce their demands of cheap paper money, lighter taxes, and a suspension of property takeovers; led by Captain Daniel Shays.

– The uprising was crushed but it left fear in the propertied class of mobs.

– Some conservatives believed this rebellion was a sign that civic virtue was weakening and that a stronger central government should replace the weak Articles government.

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