Formation of Early American Government: Slavery, Women, and Land Policy

1. “All Men are Created Equal”... • Most states reduce property requirements for voting • By 1800, servitude (outside of slavery) was extremely rare • Some states remove primogeniture (all property goes to the eldest son upon father’s death)

2. Separation of church and state • Congregational Church remained established in some New England states • Anglican Church is renamed the Protestant Episcopal Church and de-established • Virginia Statute of Religious Freedom passed in 1786

3. What about slavery? • Philadelphia Quakers create first antislavery society in 1775 • Several northern states abolished slavery or provided for gradual emancipation • No states south of Pennsylvania abolished slavery • In the North and South, the law discriminated against blacks whether free or slave • Purchasing property, educating children, interracial marriage

4. Women • Women given few political rights • Women did hold a very important place in early America through the idea of “republican motherhood” • Mothers are entrusted with the moral education of the young—democracy depends on that unselfish commitment to the public good • “Keepers of the nation’s conscience”

5. New Constitutions in the States • Massachusetts • Calls a special convention to draft its Constitution and submits it directly to the people for ratification • Can then be changed only by another specially called convention • Process seen in the U.S. Constitution

6. Common Aspects of State Constitutions • Defined the powers of government that drew its authority from the people • Most included a bill of rights • Annual election of legislators • Weak executive and judicial branches • Legislature given broad powers—branch most connected to the people • New Hampshire, New York, Virginia, North Carolina, South Carolina, and Georgia all move their capitals westward. Why?

7. Economic democracy • Many former Loyalist holdings divided up into small farms—allows more people to own land • VERY IMPORTANT that economic democracy preceded political democracy • Even though manufacturing grew without British goods being imported, farming remained the overwhelming profession of Americans

8. Economics of the new country • Americans could trade with foreign nations • The country was in trouble economically after the Revolution • State governments deeply in debt • Inflation sky high

9. The Challenge Facing America • Responsibility of creating a government in a country lacking unity and trust • Few hopeful signs • Common government structures and similar constitutions, strong political leaders • Continental Congress appoints a committee to draft a constitution for the country shortly before declaring independence. This would be the Articles of Confederation

10. Articles of Confederation • Unanimous approval comes in 1781 when states like New York and Virginia began to give up claims to western territory for the “common benefit” • Land to be used to create states that could come in as equal partners (Northwest Ordinance of 1787 does this) • People begin moving west and purchase their farms from the federal government

11. Articles of Confederation • 13 states joined together to deal with common problems • No executive branch or real judicial branch in the national government • Congress was very weak • Single vote for each state • 9 states required to pass laws of importance • 13 states needed to amend the Articles • No power to regulate commerce • No power to enforce taxes

12. Land Policy under the Articles • Land Ordinance of 1785 • Land in the old Northwest (north of Ohio River and east of the Mississippi River) divided into townships that were 36 square miles each with lots 1 square mile apiece to be sold to pay off national debt. 16th Section to be sold for the benefit of public schools in the township

13. Map 9-2 p165

14. Land Policy under the Articles • Northwest Ordinance of 1787 • Process for governing new territories • Two territorial stages when the territory is subordinate to the federal government • When the territory has 60,000 people, it can apply for statehood • Land policy was by far the biggest success of the government under the Articles of Confederation

15. Trouble with foreign governments • England • Refused to deal with the Americans and closed trade in the West Indies to the U.S. • Maintained a presence along the northern frontier • Congress was powerless to act in commerce, and the states set up their own tariffs

16. Trouble with foreign governments • Spain • Controls the Mississippi River and closes it to American commerce in 1784 • Disputed land with the U.S. in what is now Mississippi and Alabama • Worked with Native Americans to keep the Americans east of the Appalachians • France • Demands repayment of loans and restricts trade to the West Indies • North African pirates harass American trade in the Mediterranean Sea

17. Map 9-3 p167

18. Troubles in the 1780s • Economy in shambles • States arguing over boundaries and taxes on the goods from other states • Shays’s Rebellion • Impoverished farmers losing farms • Demanded the Massachusetts government issue paper money, lighten taxes, and suspend property takeovers • Massachusetts raises an army to put down these angry farmers, and the movement collapses after three of Shays’s followers are killed.

19. Response to the Unrest • Property owners (elites) felt a stronger central government was needed to provide the foundation for republicanism • How do you do this? • Desire for states’ rights while wanting a strong central government (seems to be at odds)

20. X. A Convention of “Demigods” • Annapolis convention of 1786: • Nine states appointed delegates, only 5 attended • Alexander Hamilton saved the convention: • He called for a convention in Philadelphia 1787 • To deal with commerce and to bolster the entire fabric of the Articles of Confederation • Eventually Congress called for a convention “for the sole and express purpose of revising” the Articles. • Each state chose representatives, except for independent-minded Rhode Island.

21. X. A Convention of “Demigods”(cont.) • A quorum of 55 emissaries from 12 states convened in Philadelphia on May 25, 1787 • Sessions were held in secrecy, with armed sentinels posted at the doors. • The caliber of the participants was extraordinarily high—“demigods,” Jefferson called them • Most were lawyers with experience at constitution-making in their own states • George Washington was elected chairman • Benjamin Franklin added the urbanity of an elder statesman.

22. X. A Convention of “Demigods”(cont.) • James Madison’s contributions were so notable he was dubbed “the Father of the Constitution” • Alexander Hamilton was an advocate for super- powerful central government • Most Revolutionary leaders of 1776 were absent • Jefferson, J. Adams and Thomas Paine in Europe • Samuel Adams, John Hancock were not elected • Patrick Henry was elected from Virginia, but declined, declaring he “smelled a rat.” • The time had come to fashion a solid political system.

23. XI. Patriots in Philadelphia • The 55 delegates: • Were a conservative, well-to-do body of lawyers, merchants, shippers, land speculators, moneylenders • Not a single person spoke for the debtor groups • Young (average age 42) but experienced statesmen • Nationalists, interested in preserving the young Republic then stirring popular democracy • Hoped to crystallized the last evaporating pools of Revolutionary idealism into a stable political structure that would endure.

24. XII. Hammering Out a Bundle of Compromises (cont.) • Proposals: • Virginia Plan—“the large-state plan”: representation in both houses of a bicameral Congress should be based on population—an arrangement that was to the larger states’ advantage • New Jersey Plan—“the small-state plan”: provided for equal representation in a unicameral Congress, regardless of size and population • The weaker states feared that the Virginia scheme would lord it over the rest.

25. XII. Hammering Out a Bundle of Compromises (cont.) • The Great Compromise: • The larger states were conceded representation by population in the House of Representatives (Art. I, Sec. II, para. 3 see the Appendix) • The smaller states were appeased by equal representation in the Senate (Art. I, Sec. III, para. 1) • Agreed that all tax bills or revenue measures must originate in the House, where population counted more heavily (Art. I, Sec. VII, para. 1). • The critical compromise broke the logjam.

26. XII. Hammering Out a Bundle of Compromises (cont.) • The President: • Was to have broad authority to make appointments to domestic officers—including judgeships • Was to have veto power of legislation • Was not to have absolute power to wage war—Congress retained the crucial right to declare war • The Constitution as drafted was a bundle of compromises • Method of electing the president indirectly by the Electoral College rather than direct means

27. XII. Hammering Out a Bundle Compromises (cont.) • State’s share of electors was based on the total of its senators and representatives in Congress (see Art. II, Sec. I, para. 2) • How should slaves be counted: • The compromise was a slave might count as three-fifths of a person—three-fifths compromise (see Art. I, Sec. II, para. 3): • Slave trade might continue until the end of 1807 (see Art. I, Sec. IX, para 1).

28. Madison’s Notes • Writing about Gouverneur Morris "He never would concur in upholding domestic slavery. It was a nefarious institution. It was the curse of heaven on the States where it prevailed. . . . Upon what principle is it that the slaves shall be computed in representation? Are they men? Then make them Citizens and let them vote. Are they property? Why is no other property included? . . .The admission of slaves into the Representation when fairly explained comes to this: that the inhabitant of Georgia and S.C. who goes to the Coast of Africa, and in defiance of the most sacred laws of humanity tears away his fellow creatures from their dearest connections and damns them to the most cruel bondages, shall have more votes in a Govt. instituted for the protection of the rights of mankind, than the Citizen of Pa. or N. Jersey who views with a laudable horror, so nefarious a practice."

29. p171

30. XIII. Safeguards for Conservatism(cont.) • Other safeguards: • The federal judges were to be appointed for life • The powerful president was to be elected indirectly by the Electoral College • The senators were to be chosen indirectly by state legislatures (see Art. I, Sec. III, para. 1) • The House of Representatives—were qualified (propertied) citizens permitted to choose their officials by direct vote (see Art. 1, Sec. II, para. 1). • Each branch had the means to check the power of the other branches.

31. XIV. The Clash of Federalists and Antifederalists (cont.) • The American people were now handed a new document (see Table 9.2): • The antifederalists—those who opposed the stronger federal government • The federalists—those supported a strong federal government. • Antifederalists—Samuel Adams, Patrick Henry, Richard Henry Lee were states’ rights devotees (see Map 9.4), also backcountry dwellers, one-horse farmers, paper-moneyites and debtors.

32. Table 9-2 p173

33. Map 9-4 p174

34. The Key Debate over Ratification • New York: • Alexander Hamilton finally supported the federalism as framed • He joined John Jay and James Madison in a series of articles for the New York newspapers • Called The Federalist Papers, were the most penetrating commentary ever written on the Constitution. • The most famous one is Madison’s Federalist No. 10. • It brilliantly refuted that it was impossible to extend a republican form of government over a large territory.

35. Protections for Rights • To gain ratification of the Constitution, the Federalists promised a Bill of Rights would be added during the first session of Congress. • James Madison is ultimately responsible for crafting the first 10 amendments to the Constitution, the Bill of Rights.

36. Table 9-3 p175