Chapter 9 - The Confederation and the Constitution 1776-1790

1. Chapter 9 -The Confederation and the Constitution 1776-1790 AP US - Hamer Unit 3 - Revolutionary Era October 11-12, 2010

2. Peace of Paris, 1783 • America made peace with England first because they were afraid that France would betray their western interests to Spain • America got all land to the Mississippi (Spain still had Florida) • Why was England so nice? • Wanted America to be more loyal to England than France

3. After the Treaty of Paris, 1783

4. Equality vs. Reality • Could not sacrifice new country to battle over these details • Slavery • Women • So: • Civic Virtue:Democracy depended on the unselfish commitment of each citizen to the public good • Republican Motherhood: Women were the keepers of the nation’s conscience – they trained the new leaders

5. State Constitution Making • Based on theory of republicanism: sovereignty of state would rest on authority of the people • Documents were supposed to represent a fundamental law that was greater than the changing whims of legislation • Most contained bills of rights • Annual election of legislators • Weak executives and judicial branches (because of problems with England) • Legislatures were given sweeping powers (led to problems)

6. Occupational Composition of Several State Assemblies in the 1780s

7. Economic Issues • Upheaval after revolution • Inflation • Profiteering • Many worse off than before • Economic Democratization • Breaking up of large British estates and selling off • Created a disrespect for private property and the law • Changes in trading and production • Because of non-importation acts, manufacturing was forced to increase • Could no longer trade with England • Traded with new areas like China and Baltic

8. Wholesale Price Index: 1770-1789

9. Shaky Start • Little unity • Had been united against England but now that was gone • Very liberal since the conservative section left (Loyalists) • Economic Issues • Depression hit by 1786 • British manufacturers were flooding the American markets with cheap goods • Still hopeful • States had similar governments • Country had “rich political inheritance” • Great leaders were still around

10. Articles of Confederation Government: 1781-1789 Articles of Confederation Government 1781-1789

11. Creating the Confederation • During the war, the 2nd Continental Congress (ambassadors from the 13 states who managed the war effort) had a committee draft a new constitution • The Articles of Confederation were adopted by Congress in 1777 and shown to the French for proof of government • Final states did not adopt until 1781 • States with western lands gave it to the federal government to turn into new republican states

12. State Claims to Western Lands

13. The Articles of Confederation • Confederation = Alliance • Tons of problems • No executive or judicial branches • One state, one vote • 2/3 vote for a law; unanimous vote for amendments • Shackled and weak Congress • No power to regulate commerce • States’ had own navigation and tariff laws • No power to enforce taxation of states • No power to raise an army • Representatives were frequently absent • Still a landmark government for the times and a necessary stepping stone on the way to the Constitution

14. Indian Land Cessions:1768-1799

15. Land Ordinance of 1785 • Acreage in the Old NW should be sold and the money should pay off national debt • To be surveyed before sale and settlement to settle in an orderly fashion • Townships would be 6 miles square each. Each would have 36 squares (1 sq mile each) • #16 would be sold to benefit public schools • COMPLETELY changed America • Contrasted with settlement south of the Ohio R. which was erratic, uncertain, and often fraudulent

16. Northwest Ordinance of 1787 • One of the major accomplishments of the Confederation Congress! • Created a country, not an empire • Statehood achieved in three stages: • Congress appointed 3 judges & a governor to govern the territory. • When population reached 5,000 adult male landowners  elect territorial legislature. • When population reached 60,000  elect delegates to a state constitutional convention.

17. The United States in 1787

18. A New Country’s Problems with the World

19. Problems with England • America couldn’t export to England and West Indies • Many Americans managed to still smuggle with the West Indies • Many of the debts to Loyalists hadn’t been paid • Northern Frontier • England kept Indians on their side so America wouldn’t invade Canada • England continued to trade with Indians on US Soil through British trading posts on the frontier • England schemed with disgruntled Americans in Vermont to annex the region • The Allen Brothers

20. American Exports, To & From Britain: 1783-1789

21. Problems with Spain, France, and North Africa • Spain • Controlled mouth of Mississippi and closed it in 1784 to American commerce (strangling the frontier) • Disputed area north of Florida panhandle • France • Demanded repayment of war loans • Restricted trade with West Indies • North Africa • Pirate problems in the Mediterranean with the Dey of Algiers • British had purchased protection, but America too poor and small to do so

22. Disputed Territorial ClaimsBetween Spain & the U.S.:1783-1796

23. Importance of World Problems • Between Spain and England and their influence on Native American tribes, America had problems controlling approximately half of its territory • The problems in the Mediterranean made America seem like a weak player on the world stage

24. Crises Under the Articles of Confederation

25. Problems under the Articles • National credit abroad was decreasing • Interest on the public debt growing at home • Some states were refusing to pay their share to the federal government • Some states were starting to print depreciated paper currency • Some states were setting up tariffs against other states

26. Shay’s Rebellion 1786-1787 • Farmers in western Massachusetts were losing their farms to mortgage foreclosures and tax delinquencies • Many were war veterans • In 1786, Captain Daniel Shays (vet) led them to march on Boston and demanded: • Cheap paper money • Lighter taxes • Suspension of property takeovers

27. Shay’s Rebellion 1786-1787 • Massachusetts raised money from wealthy citizens to raise a small army against the rebellion. • Several skirmishes occurred until, at Springfield, 3 Shaysites were killed and one injured • After this the movement collapsed • Shays was condemned to death under treason but was later pardoned

28. Shay’s Rebellion 1786-1787

29. Shay’s Rebellion 1786-1787 • Rebels felt that they were continuing the tradition of fighting against tyranny • Those who had property to protect felt that republicanism and the Revolution had put too much power into the hands of the people • Freaked out states – especially because the federal government had no way to intervene for assistance • This was the low point under the AOC

30. America Wasn’t THAT Bad… • Half the states did NOT issue worthless paper money • Those that did showed signs of returning to better monetary practices • Congress would be allowed control of commerce after an amendment passed • Prosperity was “emerging from the fog of depression”

31. Shays’ Rebellion: 1786-1787 There could be no stronger evidence of the want of energy in our governments than these disorders. -- George Washington

32. 12 representatives from 5 states[NY, NJ, PA, DE, VA] • GOAL address barriers that limited trade and commerce between the states. • Not enough states were represented to make any real progress. • Sent a report to the Congress to call a meeting of all the states to meet in Philadelphia to examine areas broader than just trade and commerce. Annapolis Convention (1786)

33. Constitutional Convention 1787 • Leaders were appointed by the state legislatures who were, themselves, voted on by men meeting property requirements • “Double distillation” produced a select group of propertied men and leaders • Jefferson called them demigods • Even though they were propertied, they reinforced ideas of republicanism

34. Constitutional Convention 1787 • Met on May 25, 1787 in Philadelphia • GW was selected as chairman • Major players • Ben Franklin • James Madison: called Father of the Constitution for his contributions • Alexander Hamilton: advocate of a strong central government • NOT there: • Thomas Jefferson, John Adams, Thomas Paine (all in Europe) • Sam Adams and John Hancock (not chosen by Mass) • Patrick Henry was elected by VA but said no • Possibly good because those who were there were interested in compromise and fixing the problem • Also not there: poor people

35. Constitutional Convention 1787 • Fear had a seat at the convention as well • Wanted republicanism without a “mobocracy” • Washington said “we have, probably, had too good an opinion of human nature in forming our confederation” • Wanted to strengthen America’s presence abroad to prevent against problems like with the Dey of Algiers and commerce with England • The decision upon arrival was to throw out the old AOC and replace it with a new Constitution

36. Compromises at the Constitutional Convention

37. Big States vs. Little States • Large State Plan of VA • Bicameral Congress • Membership in both houses based on population • Small State Plan of NJ • Unicameral Congress • One state, one vote • Solved by The Great Compromise • Bicameral Congress • Population membership in the House of Representatives • Tax bills could only begin in the House • Helped big states that would have to shoulder the tax burden • Two senators per state in the Senate

38. Executive Leadership • Inspired by popularly elected strong governor of Massachusetts • Strong Independent executive as presidency • Military commander in chief • Power of appointment over domestic offices • Power of veto over legislation • Indirectly elected by Electoral College • Took direct democracy away from the people • “Leaving the choice to the people was like asking a blind person to choose colors” said one VA delegate

39. Judicial Branch • Federal courts capped by the leader of the Supreme Court • President appointed Justices • Approved by Senate

40. 3/5 Compromise • Should the southern slaves count as part of the population for representation? • South said yes, North said no • The Three-Fifths Compromise said that 3/5 of the slaves would be counted for population AND taxation. • The south had originally wanted them to count for population but not pay taxes on them • Many states (except GA and SC) wanted to end the slave trade • Decided that it would continue until the end of 1807

41. Conventioneers were in more agreement than usually mentioned • Economically • Sound money and protection of private property • Politically • Strong government, three branches, checks and balances • Against direct democracy of the people: • Federal judges appointed for life • Electoral College • Senators elected by state legislatures • Yes democracy of the people: • House of Representatives elected by the people (men with property/ • Still republican

42. Ratifying the Constitution Federalists vs. Anti-federalists

43. Problem in ratification • Under AOC would take unanimous approval • RI would never approve • The Conventioneers said that once 9 of the 13 states approved (the new rule for amendment passage in the Constitution), the Constitution would become the law of the land in those states • Appealing to the votes of the people

44. Federalism • Federalism: Balance of power between the states and national government • New plan for America to create a stronger central government without completely stripping the states of power

45. Antifederalists • Anti-federalists did not want or trust the new, larger and more powerful government • Made up of a diverse group • Fears were: • Only aristocrats had drawn up the Constitution which means that it wasn’t democratic • Sovereignty of states was being reduced • Freedoms of the individuals weren’t protected • Wanted Congressmen elected once a year (like in AOC) • Upset about the 10 square mile federal capitol to be built • Standing army • No mention of god

46. The Debate in the States • Each state elected members to their own state ratifying conventions • Massachusetts became the litmus test • Originally an anti-federalist majority, but since the vote was between the Constitution and the AOC - which was the lesser of two evils??? • Were assured by federalists that a Bill of Rights would be added by the first Congress • Passed 187 to 168 • On June 21, 1788 9 states had adopted it and it became law • Not: RI, VA, NY, NC

47. Federalist vs. Anti-FederalistStrongholds at the End of the War

48. A Conservative Triumph • A Conservative Counterrevolution to the liberal Revolution • Necessary in Anatomy of a Revolution • A second revolution by the minority • Basically had seceded from the Confederation • Only 1/4 of the adult white males had voted for delegates • Because of property qualifications • Estimates show that if there had been universal manhood suffrage, than the there would have been much more opposition and possibly defeat • By expressing that all 3 branches represented the people and were at the same time limited by the other branches, Constitution balanced liberty and order

49. Historiography • Revolution or Counterrevolution • Early in 1800’s seen as an extension of the Revolution • In Early 1900’s seen as a conservative counterrevolution to protect the propertied elite • 1950’s said that America just realized that it needed a stronger central government • Wood in 1969 said that the Constitution was just the fruition of the ideas of republicanism

50. Govt. gets its authority from the citizens. • A selfless, educated citizenry. • Elections should be frequent. • Govt. should guarantee individual rights & freedoms. • Govt.’s power should be limited [checks & balances]. • The need for a written Constitution. • “E Pluribus Unum.” [“Out of many, one”] • An important role for women  raise good, virtuous citizens.[“Republican Womanhood”]. Classical view of a model republic EnlightenmentThinking The“VirtuousRepublic” “City on a hill”[John Winthrop] Ideal citizen[Cincinnatus]