US:
A Narrative History Volume 1 – Chapter 8 Review
Crisis and
Constitution [1776-1789]
The Revolution instilled in
many humble folk a new sense of pride and potential. Typical of such groups
were New York's Society of Pewterers.
Their banner celebrates “The Federal Plan Most Solid & Secure/Americans
Their Freedom Will Ensure/ All Art Shall Flourish in Columbia's Land/And All
Her Sons Join as One Social Band.”
“These United States”
I am not a Virginian, but an
American,” Patrick Henry
declared in the Virginia House of Burgesses. Most likely he was lying.
Certainly no one listening took him seriously, for the newly independent
colonists did not identify themselves as members of a nation. They would have
said, as did Thomas Jefferson, “Virginia, Sir, is my country.” Or as John Adams
wrote to another native son, “Massachusetts is our country.” Jefferson and
Adams were men of wide political vision and experience: both were leaders in
the Continental Congress and more inclined than most to think nationally. But
like other members of the revolutionary generation, they identified deeply with
their home states and even more deeply with their Home Counties and towns.
It followed that allegiance to
the states, not the Union, determined the shape of the first republican
political experiments. For a decade after independence, the revolutionaries
were less committed to creating an American nation than to organizing 13
separate state republics. The Declaration
of Independence referred explicitly not to the United States but to
these United States. It envisioned not one republic so much as a federation of
13.
Only when peace was restored
during the decade of the 1780s were Americans forced to face some unanswered
questions raised by their revolution. The Declaration proclaimed that these
“free and independent states” had “full power to levy war, conclude peace,
contract alliances, and establish commerce.” Did that mean that New Jersey, as
a free and independent state, could sign a trade agreement with France,
excluding the other states? If the United States were to be more than a loose
federation, how could it assert power on a national scale? Similarly, American
borderlands to the west presented problems. If these territories were settled
by Americans, would they eventually join the United States? Go their own ways
as independent nations? Become new colonies of Spain or England?
Such problems were more than
political; they were rooted in social realities. For a political union to
succeed, the inhabitants of 13 separate states had to start thinking of
themselves as Americans. When it came right down to it, what united a Vermont
farmer working his rocky fields and a South Carolina gentleman presiding over a
vast rice plantation? What bonds existed between a Kentuckian rafting the Ohio
River and a Salem merchant sailing to China for porcelain?
The portraits of Captain and
Mrs. Samuel Chandler, a New England couple, project the virtuous rectitude of
the new republican era.
And in a society in which all
citizens were said to be “created equal,” the inevitable social inequalities
had to be confronted. How could women participate in the Revolution's bid for
freedom if they were not free to vote or to hold property? How would free or
enslaved African Americans live in a republic based on equality? How could
black Americans feel a bond with white Americans when so often the only
existing bonds had been forged with chains?
To such questions there were no
final answers in 1781. There was ferment, excitement, and experimentation as 13
states each sought to create their governments anew; as Americans—or rather,
Virginians and New Yorkers and Georgians and citizens of other countries—began
to imagine how the revolutionary virtue of equality might transform their
societies. But as the decade progressed, the sense of crisis deepened.
Republican
Experiments
After independence was declared
in July 1776, many of America's best political minds turned to drawing up
constitutions for their individual states. Thomas Jefferson deserted the Continental Congress, leaving the
conduct of the war and national affairs to other men, for the more important
business of creating Virginia's new government.
In truth, the state constitutions were crucial
republican experiments, the first efforts at establishing a government of and
by the people. All the revolutionaries agreed that the people—not a king or a
few privileged aristocrats—should rule. Yet they were equally certain that
republican governments were best suited to small territories. They believed that
the new United States was too sprawling and its people too diverse to be safely
consolidated into a single national republic. They feared, too, that the
government of a large republic would inevitably grow indifferent to popular
concerns, being distant from many of its citizens. Without being under the
watchful eye of the people, representatives would become less accountable to
the electorate and turn tyrannical. A federation of small state republics, they
reasoned, would stand a far better chance of enduring.
The
State Constitutions
The new state constitutions
retained the basic form of their old colonial governments, all except Georgia
and Pennsylvania providing for a governor and a bicameral legislature. But
although most states did not alter the basic structure of their governments,
they changed dramatically the balance of power among the different branches of
government. Americans responded to independence with rituals of “killing the
king,” like the one enacted by this New York crowd in 1776 as it pulls down a
statue of George III. Americans also expressed their mistrust of monarchs and
their ministers by establishing new state governments with weak executive
branches.
From the republican perspective
in 1776, the greatest problem of any government lay in curbing executive power.
What had driven Americans into rebellion was the abuse of authority by the king
and his appointed officials. To ensure that the executive could never again
threaten popular liberty, the new states either accorded almost no power to
their governors or abolished that office entirely. The governors had no
authority to convene or dissolve the legislatures. They could not veto the
legislatures' laws, grant land, or erect courts. Most important from the
republican point of view, governors had few powers to appoint other state
officials. All these limits were designed to deprive the executive of any
patronage or other form of influence over the legislature. By reducing the
governors' power, Americans hoped to preserve their states from the corruption
that they deplored in British political life.
What the state governors lost,
the legislatures gained. Sam Adams,
the Boston rebel leader, expressed the political consensus when he declared
that “every legislature of every colony ought to be the sovereign and
uncontrollable Power within its own limits of territory.” To ensure that those
powerful legislatures truly represented the will of the people, the new state
constitutions called for annual elections and required candidates for the legislature
to live in the districts they represented.
Many states even asserted the
right of voters to instruct the men elected to office about how to vote on
specific issues. Although no state granted universal manhood suffrage, most
reduced the amount of property required of qualified voters. Finally, state
supreme courts were also either elected by the legislatures or appointed by
elected governors.
By investing all power in
popular assemblies, Americans abandoned the British system of mixed government.
In one sense, that change was fairly democratic. A majority of voters within a
state could do whatever they wanted, unchecked by governors or courts. On the
other hand, the arrangement opened the door for legislatures to turn as
tyrannical as governors. The revolutionaries brushed that prospect aside:
republican theory assured them that the people possessed a generous share of
civic virtue, the capacity for selfless pursuit of the general welfare.
In an equally momentous change,
the revolutionaries insisted on written state constitutions. Whenever
government appeared to exceed the limits of its authority, Americans wanted to
have at hand the written contract between rulers and ruled. When
eighteenth-century Britons used the word constitution, they meant the existing
arrangement of government—not an actual document but a collection of
parliamentary laws, customs, and precedents. But Americans believed that a
constitution should be a written code that stood apart from and above
government, a yardstick against which the people measured the performance of
their rulers. After all, they reasoned, if Britain's constitution had been
written down, available for all to consult, would American rights have been
violated?
From
Congress to Confederation
While Americans lavished
attention on their state constitutions, the national government nearly
languished during the decade after 1776. With the coming of independence, the
Second Continental Congress conducted the common business of the federated
states. It created and maintained the Continental
Army, issued currency, and negotiated with foreign powers.
But while Congress acted as a
central government by common consent, it lacked any legal basis for its
authority. To redress that need, in July 1776 Congress appointed a committee to
draft a constitution for a national government. The urgent business of waging
the war made for delay, but Congress approved the first national constitution
in November 1777. It took four more years—until February 1781—for all the
states to ratify these Articles of
Confederation.
The Articles of Confederation provided for a government by a
national legislature—essentially a continuation of the Second Continental
Congress. That body had the authority to declare war and make peace, conduct
diplomacy, regulate Indian affairs, appoint military and naval officers, and
requisition men from the states. In affairs of finance it could coin money and
issue paper currency. Extensive as these responsibilities were, Congress could
not levy taxes or even regulate trade. The crucial power of the purse rested
entirely with the states, as did the final power to make and execute laws. Even
worse, the national government had no distinct executive branch. Congressional
committees, constantly changing in their membership, not only had to make laws
but had to administer and enforce them as well. With no executive to carry out
the policies of finance, war, and foreign policy, the federal government's
influence was extremely limited.
Those weaknesses appear more
evident in hindsight. For Congress in 1777 it was no easy task to frame a new
government in the midst of a war. And most American leaders of the 1770s had
given little thought to federalism,
the means by which political power could be divided among the states and the
national government.
In any case, to have given
significant powers to the national government would have aroused only
opposition among the states, each jealous of its independence. Creating a
strong national government would also have antagonized many Americans, who
after all had just rebelled against the distant, centralized authority of
Britain's king and Parliament.
Guided by republican
political theory and by their colonial experience, American revolutionaries
created a loose confederation of 13 independent state republics under a nearly
powerless national government. They succeeded so well that the United States
almost failed to survive the first decade of its independence. The problem was
that republican theory and lessons from the colonial past were not always
useful guides to postwar realities. Only when events forced Americans to think
nationally did they begin to consider the possibility of reinventing “these
United States”; this time under the yoke of a truly federal republic.
The Temptations of Peace
The surrender of Cornwallis
at Yorktown in 1781 marked the end of military crisis in America. But
as the threat from Britain receded, so did the source of American unity. The
many differences among Americans, most of which lay submerged during the
struggle for independence, surfaced in full force. Those domestic divisions,
combined with challenges to the new nation from Britain and Spain, created
conflicts that neither the states nor the national government proved equal to
handling.
The Temptations of the West
The greatest opportunities and the
greatest problems for postwar Americans awaited in the rapidly expanding West.
With the boundary of the new United States now set at the Mississippi River,
more settlers spilled across the Appalachians, planting farmsteads and raw
frontier towns throughout Ohio, Kentucky, and Tennessee. By 1790 places that
had been almost uninhabited by whites in 1760 held more than 2.25 million
people, one-third of the nation's population.
After the Revolution, as before, western
settlement fostered intense conflict. American claims that its territory
stretched all the way to the Mississippi were by no means taken for granted by
European and Indian powers. The West also confronted Americans with questions
about their own national identity. Would the newly settled territories enter
the nation as states on an equal footing with the original 13 states? Would
they be ruled as dependent colonies? Could the federal government reconcile
conflicting interests, cultures, and traditions over so great an area? The fate
of the West, in other words, constituted a crucial test of whether “these”
United States could grow and still remain united.
Foreign Intrigues
Both the British from their base in
Canada and the Spanish in Florida and Louisiana hoped to chisel away at
American borders. Their considerable success in the 1780s exposed the weakness
of Confederation diplomacy.
Before the ink was dry on the Treaty
of Paris, Britain's ministers were secretly instructing Canadians to
maintain their forts and trading posts inside the United States' northwestern
frontier. They reckoned—correctly—that with the Continental Army disbanded, the
Confederation could not force the British to withdraw.
The British also made mischief along
the Confederation's northern borders, mainly with Vermont. For decades, Ethan
Allen and his Green Mountain Boys had waged a war
of nerves with neighboring New York, which claimed Vermont as part of its
territory.
After the Revolution the Vermonters
petitioned Congress for statehood, demanding independence from both New York
and New Hampshire. When Congress dragged its feet, the British tried to woo
Vermont into their empire as a province of Canada. That flirtation with the
British pressured Congress into granting Vermont statehood in 1791. Rivalries
flared along the southwestern frontier of the United States as Spain vied to
win the allegiance of Indians by supplying them with British trade goods. The
Indians welcomed such goods.
The loyalty of the southwestern
frontier was even less certain. By 1790 more than 100,000 settlers had poured
through the Cumberland Gap to reach Kentucky and Tennessee. Along with the
farmers came speculators, who bought up large tracts of land from the Indians.
But the commercial possibilities of the region depended entirely on access to
the Mississippi and the port of New Orleans, since it was far too costly to
ship southwestern produce over the rough trails east across the Appalachians.
And the Mississippi route was still dominated by the Spanish, who controlled
Louisiana as well as forts along western Mississippi shores as far north as St.
Louis. The Spanish, seeing their opportunity, closed the Mississippi to
American navigation in 1784. That action prompted serious talk among
southwesterners about seceding from the United States and joining Spain's
empire.
The Spanish also tried to strengthen
their hold on North America by making common cause with the Indians. Of
particular concern to both groups was protecting Spanish Florida from the
encroachment of American settlers filtering south from Georgia—backwoods folk,
Florida's governor complained, who were “nomadic like Arabs and … distinguished
from savages only in their color, language, and the superiority of their
depraved cunning and untrustworthiness.” So Spanish colonial officials
responded eagerly to the overtures of Alexander McGillivray, a young
Indian leader whose mother was of French-Creek descent and whose father was a
Scots trader. His efforts brought about a treaty of alliance between the Creeks
and the Spanish in 1784, quickly followed by similar alliances with the
Choctaws and the Chickasaws. What cemented such treaties were the trade goods
that the Spanish agreed to supply the tribes, for, as McGillivray explained,
“Indians will attach themselves to and serve them best who supply their
necessities.” Securing European gunpowder and guns had become essential to
southeastern Indians, because their entire economies now revolved around
hunting and selling deerskins to white traders. So eager were the Spanish to
“serve” the Indians in that matter that they even permitted British merchants,
who could command a steady supply of manufactured goods, to monopolize the
Indian trade. The largest dealers developed a trading network that reached all the
way to the Mississippi by the 1790s. This flood of British merchandise
sustained the alliance between the Spanish and the Indians, while British guns
enabled the Creeks to defend their hunting territory from American invaders.
Disputes among the States
As if foreign intrigues were not
divisive enough, the states continued to argue among themselves over western
land claims. The old royal charters for some colonies had extended their
boundaries all the way to the Mississippi and beyond. But the charters were
often vague, granting both Massachusetts and Virginia, for example, undisputed
possession of present-day Wisconsin. In contrast, other charters limited state
boundaries to within a few hundred miles of the Atlantic coast. Landed
states and landless states such as Virginia wanted to secure control over
the large territory granted them by their charters. Landed states and landless
states (which included Maryland, Delaware, Pennsylvania, Rhode Island, and New
Jersey) called on Congress to restrict the boundaries of landed states and to
convert western lands into a domain administered by the Confederation.
The landless states argued that the
landed states enjoyed an unfair advantage from the money they could raise
selling their western claims. That revenue would allow landed states to reduce
taxes, and lower taxes would lure settlers from the landless states. Meanwhile,
landless states would have to raise taxes to make up for the departed
taxpayers, causing even more residents to leave. Speculators were also eager to
see Congress control the western lands. Before the Revolution, many prominent
citizens of landless Pennsylvania, Maryland, and New Jersey had purchased
tracts in the West from Indians. These speculators now also lobbied for
congressional ownership of all western lands—except those tracts that they had
already purchased from the Indians. The landless states lost the opening round
in the contest over ownership of the West. The Articles of Confederation
acknowledged the old charter claims of the landed states. Then Maryland, one of
the smallest landless states, retaliated by refusing to ratify the Articles.
Since every state had to approve the Articles before they were formally
accepted, the fate of the United States hung in the balance. One by one the
landed states relented, Virginia being the last. Only then did Maryland ratify
the Articles, in February 1781.
The More Democratic West
An even greater bone of contention
concerned the sort of men westerners elected to political office. The state
legislatures of the 1780s were both larger and more democratic in their
membership than the old colonial assemblies. Before the Revolution no more than
a fifth of the men serving in the assemblies were middle-class farmers or
artisans. Government was almost exclusively the domain of the wealthiest
merchants, lawyers, and planters. After the Revolution twice as many state
legislators were men of moderate wealth. The shift was more marked in the
North, where middle-class men predominated among representatives. But in every
state, some men of modest means, humble background, and little formal education
attained political power.
State legislatures became more
democratic in their membership mainly because as backcountry districts grew, so
too did the number of their representatives. Since western districts tended to
be less developed economically and culturally, their leading men were less rich
and cultivated than the eastern seaboard elite. But many of these eastern
republican gentlemen, while endorsing government by popular consent, doubted
whether ordinary people were fit to rule. The problem, they contended, was that
the new western legislators concerned themselves only with the narrow interests
of their constituents, not with the good of the whole state. As Ezra Stiles,
the president of Yale College, observed, the new breed of politicians were
those with “the all-prevailing popular talent of coaxing and flattering,” who
“whenever a bill is read in the legislature … instantly thinks how it will
affect his constituents.” And if state legislatures could not rise above narrow
self-interest, how long would it be before a concern for the general welfare
simply withered away?
The Northwest Territory
Such fears of “democratic excess”
also influenced policy when Congress finally came to decide what to do with the
Northwest Territory. Carved out of the land ceded by the states to the national
government, the Northwest Territory comprised the present-day states of Ohio,
Indiana, Illinois, Michigan, and Wisconsin. With so many white settlers moving
into these lands, Congress was faced with a crucial test of its federal system.
If an orderly way could not be devised to expand the confederation of states
beyond the original 13 colonies, the new territories might well become independent
countries or even colonies of Spain or Britain. Congress dealt with the issue
of expansion by adopting three ordinances.
The first, drafted by Thomas
Jefferson in 1784, divided the Northwest Territory into 10 states,
each to be admitted to the Union on equal terms as soon as its population
equaled that in any of the existing states. In the meantime, Jefferson provided
for democratic self-government of the territory by all free adult males. A
second ordinance of 1785 set up an efficient mechanism for dividing and selling
public lands. The Northwest Territory was surveyed into townships six miles
square. Each township was then divided into 36 lots of one square mile, or 640
acres.
Congress waited in vain for buyers
to flock to the land offices it established. The cost of even a single
lot—$640—was too steep for most farmers. Disappointed by the shortage of buyers
and desperate for money, Congress finally accepted a proposition submitted by a
private company of land speculators who offered to buy some 6 million acres in
present-day southeastern Ohio. That several members of Congress numbered among
the company's stockholders no doubt added to enthusiasm for the deal.
The transaction concluded, Congress
calmed the speculators' worries that incoming settlers might enjoy too much
self-government by scrapping Jefferson's democratic design and substituting the
Northwest
Ordinance of 1787. That ordinance provided for a period in which
Congress held sway in the territory through its appointees—a governor, a secretary,
and three judges. When the population reached 5,000 free adult males, a
legislature was to be established, although its laws required the governor's
approval. A representative could sit in Congress but had no vote. When the
population reached 60,000, the inhabitants might apply for statehood, and the
whole Northwest Territory was to be divided into not less than three or more
than five states. The ordinance also guaranteed basic rights—freedom of
religion and trial by jury—and provided for the support of public education.
Equally significant, it also outlawed slavery throughout the territory.
With the Northwest Ordinance in
place, Congress had succeeded in extending republican government to the West
and incorporating the frontier into the new nation. The Republic now had an
orderly way to expand its federation of states in a way that minimized the
tensions between the genteel East and the democratic West that had plagued the
colonies and the Confederation throughout much of the eighteenth century. Yet
ironically, the new ordinance served to heighten tensions in a different way.
By limiting the spread of slavery in the northern states, Congress deepened the
critical social and economic differences between the North and South, evident
already in the 1780s.
The consequences of the new
territorial system were also significant for hundreds of thousands of the
continent's other inhabitants. In the short term, the ordinance ignored
completely the rights of the Shawnee, Chippewa, and other Indian peoples who
lived in the region. In the long term, the system “laid the blueprint,” as one
historian noted, for bringing new lands into the United States. The ordinance thus accelerated the pressures
on Indian lands and aggravated the social and geographic dislocations already
set in motion by disease and the western conflicts of the Revolutionary War.
Slavery and Sectionalism
When white Americans declared their
independence, they owned nearly half a million black Americans. African
Americans of the revolutionary generation, most of them enslaved, constituted
20 percent of the total population of the colonies in 1775, and nearly 90
percent of them lived in the South. Yet few political leaders directly
confronted the issue of whether slavery should be permitted to exist in a truly
republican society.
When political discussion did stray
toward the subject of slavery, southerners—especially ardent
republicans—bristled defensively. Theirs was a difficult position, riddled with
contradictions. On the one hand, they had condemned parliamentary taxation as
tantamount to political “slavery” and had rebelled, declaring that all men were
“created equal.” On the other hand, enslaved African Americans formed the basis
of the South's plantation economy. To surrender slavery, southerners believed,
would be to usher in economic ruin.
Some planters in the Upper South
resolved the dilemma by freeing their slaves. Such decisions were made easier
by changing economic conditions in the Chesapeake. As planters shifted from
tobacco toward wheat, a crop demanding a good deal less labor, Virginia and
Maryland liberalized their manumission statutes, laws providing for freeing
slaves. Between 1776 and 1789, most southern states also joined the North in
prohibiting the importation of slaves, and a few antislavery societies appeared
in the Upper South. But no southern state legally abolished slavery. Masters
defended their right to hold human property in the name of republicanism.
Eighteenth-century republicans
regarded property as crucial, for it provided a man and his family with
security, status, and wealth. More important, it provided a measure of
independence: to be able to act freely, without fear or favor of others. People
without property were dangerous, republicans believed, because the poor could
never be politically independent. Southern defenders of slavery thus argued
that free, propertyless black people would pose a political threat to the
liberty of propertied white citizens. Subordinating the human rights of blacks
to the property rights of whites, southern republicans reached the paradoxical
conclusion that their freedom depended on keeping African Americans in bondage.
The North followed a different
course. Because its economy depended far less on slave labor, black emancipation
did not run counter to powerful economic interests. Antislavery societies, the first founded by the Quakers in 1775,
spread throughout the northern states during the next quarter century. Over the
same period the legislatures of most northern states provided for the immediate
or gradual abolition of slavery. Freedom for most northern African Americans
came slowly, but by 1830 there were fewer than 3,000 slaves out of a total
northern black population of 125,000.
The Revolution, which had been
fought for liberty and equality, did little to change the status of most black
Americans. By 1800 more enslaved African Americans lived in the United States
than had lived there in 1776. Slavery continued to grow in the Lower South as
the rice culture of the Carolinas and Georgia expanded and as the new cotton
culture spread westward.
A larger number of slaves than ever
before became free during the war and in the following decades, whether through
military service, successful escape, manumission, or gradual emancipation.
All these developments fostered the growth of free black communities,
especially in the Upper South and in northern cities. By 1810 free African
Americans made up 10 percent of the total population of Maryland and Virginia.
The composition of the postwar free
community changed as well. Before independence most free blacks had been either
mulattoes—the offspring of interracial unions—or former slaves too sick or aged
to have value as laborers. In contrast, a larger proportion of the free
population of the 1780s were darker skinned, younger, and healthier. This group
injected new vitality into black communal life, organizing independent schools,
churches, and mutual benefit societies for the growing number of “free people
of color.”
Richard Allen and Absalom Jones led the way in these
efforts after being ejected from their pews in the midst of prayers one Sunday
at St. George Methodist Episcopal Church in Philadelphia. Both men ended up
founding independent black churches.
After the Revolution, slavery ceased
to be a national institution. It became the peculiar institution of a single
region, the American South. The isolation of slavery in one section set North
and South on radically different courses of social development, sharpening
economic and political divisions.
Wartime Economic Disruption
With the outbreak of the Revolution,
Americans had suffered an immediate economic loss. Formerly, Britain had
supplied manufactured goods, markets for American exports, and credit that
enabled commerce to flourish. No longer. Hardest hit were southern planters,
who had to seek new customers for their tobacco, cotton, and rice as well as
find new sources of capital to finance production. Northerners too faced
difficulties, for their major seaports were occupied for a time by British
troops, whose presence disrupted commercial activity.
Matters did not improve with the
coming of peace. France and Britain flooded the new states with their
manufactures, and postwar Americans, eager for luxuries, indulged in a most unrepublican
spending spree. The flurry of buying left some American merchants and consumers
as deeply in debt as their governments. When loans from private citizens and
foreign creditors like France proved insufficient to finance the fighting, both
Congress and the states printed paper money—a whopping total of $400 million.
The paper currency was backed only by the government's promise to redeem the
bills with money from future taxes, because legislatures balked at the
unpopular alternative of levying taxes during the war. For the bills to be
redeemed, the United States had to survive, so by the end of 1776, when
Continental forces sustained a series of defeats, paper money started to
depreciate dramatically. By 1781 it was virtually without value, and Americans
coined the expression “not worth a Continental.”
The printing of paper money,
combined with a wartime shortage of goods, triggered an inflationary spiral. As
goods became, scarcer and scarcer, they cost more and more worthless dollars.
In this spiral, creditors were gouged by debtors, who paid them back with
depreciated currency. At the same time soaring prices for food and manufactured
goods eroded the buying power of wage earners and small farmers. And the end of
the war brought on demands for prompt repayment from the new nation's foreign
creditors as well as from soldiers seeking back pay and pensions.
Congress could do nothing. With no
power to regulate trade, it could neither dam the stream of imported goods
rushing into the states nor stanch the flow of gold and silver to Europe to pay
for these items. With no power to prohibit the states from issuing paper money,
it could not halt depreciation. With no
power to regulate wages or prices, it could not curb inflation. With no power
to tax, it could not reduce the public debt. Efforts to grant Congress greater
powers met with determined resistance from the states. They refused Congress
any revenue of its own, fearing the first steps toward “arbitrary” government.
In 1787 in Philadelphia, the year delegates
to the Constitutional Convention met, Richard Allen and Absalom Jones founded
Bethel African Methodist Episcopal Church. The first church was a former
blacksmith's shop that the members hauled to a site they purchased on Sixth
Street. By the time this illustration was created in 1829, a more spacious
building had replaced the first church.
Within states, too, economic
problems aroused discord. Some major merchants and large commercial farmers had
profited handsomely during the war by selling supplies to the American,
British, and French armies at high prices. Eager to protect their windfall,
they lobbied state legislatures for an end to inflationary monetary policies.
They pushed for the passage of high taxes to pay wartime debts, a paper currency
that was backed by gold and silver, and an active policy to encourage foreign
trade.
Less affluent men fought back,
pressing legislatures for programs that met their needs. Western farmers, often
in debt, urged the states to print more paper money and to pass laws lowering
taxes and postponing the foreclosure of mortgages. Artisans opposed merchants
by calling for protection from low-priced foreign imports that competed with
the goods they produced. They set themselves against farmers as well by demanding
price regulation of the farm products they consumed. In the continuing
struggle, the state legislatures became the battleground of competing economic
factions, each bent on gaining its own particular advantage.
As the 1780s wore on, conflicts
mounted. As long as the individual states remained sovereign, the Confederation
was crippled—unable to conduct foreign affairs effectively, unable to set
coherent economic policy, unable to deal with discontent in the West. Equally
dismaying was the discovery that many Americans, instead of being selflessly
concerned for the public good, selfishly pursued their private interests.
Republican Society
The war for independence transformed
not only America's government and economy but also its society and culture.
Inspired by the Declaration's ideal of equality, some Americans rejected the
subordinate position assigned to them under the old colonial order. Westerners,
newly wealthy entrepreneurs, urban artisans, and women all claimed greater
freedom, power, and recognition. The authority of the traditional leaders of
government, society, and the family came under a new scrutiny; the impulse to
defer to social superiors became less automatic. The new assertiveness
demonstrated how deeply egalitarian assumptions were taking root in American
culture.
The New Men of the Revolution
The Revolution gave rise to a new
sense of social identity and a new set of ambitions among several groups of men
who had once accepted a humbler status. The more democratic society of the
frontier emboldened westerners to believe themselves the equals of easterners.
As one Kentuckian explained to James Madison, the western migrants
“must make a very different mass from one which is composed of men born and
raised on the same spot…. They see none about them to whom or to whose families
they have been accustomed to think themselves inferior.”
The war also offered opportunities
to aspiring entrepreneurs everywhere, and often they were not the same men who
had prospered before the war. At a stroke, independence swept away the
political prominence of loyalists, whose ranks included an especially high
number of government officials, large landowners, and major merchants. And
while loyalists found their properties confiscated by revolutionary
governments, other Americans grew rich. Many northern merchants gained newfound
wealth from privateering or military contracts. Commercial farmers in the mid-Atlantic
states prospered from the high food prices caused by wartime scarcity and army
demand. The Revolution effected no dramatic redistribution of wealth. Indeed,
the gap between rich and poor increased during the 1780s. But the republican
ideal of equality emboldened city artisans to demand a more prominent role in
politics.
Calls for men of their own kind to
represent them in government came as a rude shock to such gentlemen as South
Carolina's William Henry Drayton, who balked at sharing power with men
“who were never in a way to study” anything except “how to cut up a beast in
the market to best advantage, to cobble an old shoe in the neatest manner, or
to build a necessary house.” The journeymen who worked for master craftsmen
also exhibited a new sense of independence, forming new organizations to secure
higher wages.
But the greatest gains accrued to
those men newly enriched by the war and by the opportunities of independence.
Representative of this aspiring group was William Cooper, a Pennsylvania
Quaker who did not support the Revolution but in its aftermath strove to
transform himself from a wheelwright into a gentleman. He hoped to become a
gentleman by transforming thousands of acres of hilly, heavily forested land
around Otsego Lake in upstate New York into wheat-producing farms clustered
around a market village called Cooperstown. Yankee emigrants fleeing the
shrinking farms of long-settled New England made Cooper's vision a reality and
made him the leading land developer of the 1790s. But the influx of white
settlement radically altered the environment of what had once been part of
Iroquoia. Farmers killed off panthers, bears, and wolves to protect their
livestock. Grains farming leeched nutrients from the thin topsoil, forcing
farmers to clear more trees, and as the forest barrier fell, weeds and insects
invaded. By the beginning of the nineteenth century, the children of many small
farmers were migrating even farther west, to western New York and northern
Ohio.
Similar scenarios played out on
frontiers throughout the new United States. And everywhere, too, men like
William Cooper demanded and received social recognition and political
influence. Even though some, like Cooper, never lost the crude manners that
betrayed humble origins, they styled themselves as the “aristocracy of merit”
enshrined by republican ideals.
The New Women of the Revolution
Not long after the fighting with
Britain had broken out, Margaret Livingston of New York
wrote to her sister Catherine, “You know that our Sex are doomed to be obedient
in every stage of life so that we shan’t be great gainers by this contest.” By
war's end, however, Eliza Wilkinson from rural South Carolina was complaining
boldly to a woman friend: “The men say we have no business with political
matters … it's not our sphere…. But, I won't have it thought that because we
are the weaker sex (as to bodily strength my dear) we are Capable of
nothing more, than minding the Dairy … surely we may have enough sense to give
our Opinions.”
What separated Margaret Livingston's
resignation from Eliza Wilkinson's assertion of personal worth and independence
was the Revolution. Eliza Wilkinson had managed her parents' plantation during
the war and defended it from British marauders. Other women discovered similar
reserves of skill and resourcefulness. When
soldiers returned home, some were surprised to find their wives and daughters,
who had been running family farms and businesses, less submissive and more
self-confident.
But American men had not fought a
revolution for the equality of American women. In fact, male revolutionaries
gave no thought whatsoever to the role of women in the new nation, assuming
that those of the “weaker sex” were incapable of making informed and independent
political decisions. Most women of the revolutionary generation agreed that the
proper female domain was the home, not the public arena of politics. Still, the
currents of the Revolution occasionally left gaps that allowed women to display
their keen political interests. When a loosely worded provision in the New
Jersey state constitution gave the vote to “all free inhabitants” owning a specified
amount of property, white widows and single women went to the polls. Only in
1807 did the state legislature close the loophole.
Mary Wollstonecraft's Vindication
In the wake of the Revolution there
also appeared in England a book that would become a classic text of modern
feminism, Mary Wollstonecraft's A Vindication of the Rights of Women
(1792). Attracting a wide, if not widely approving, readership in America as
well, it called not only for laws to guarantee women civil and political
equality but also for educational reforms to ensure their social and economic
equality.
Like many young, single English
women with more wit than fortune, Wollstonecraft started her working life as a
governess and a school's headmistress. Then she turned to writing for her
livelihood, producing book reviews, translations, a novel, and a treatise on
women's education before dashing off Vindication in only six months. She
charged that men deliberately conspired to keep women in “a state of perpetual
childhood” by giving them inferior, frivolous educations. That encouraged young
girls to fixate on fashion and flirtation and made them “only anxious to
inspire love, when they ought to cherish a nobler ambition, and by their
abilities and virtues exact respect.” Girls, she proposed, should receive the
same education as boys, including training that would prepare them for careers
in medicine, politics, and business. No woman should have to pin her hopes for
financial security on making a good marriage, Wollstonecraft argued. On the
contrary, well-educated and resourceful women capable of supporting themselves
would make the best wives and mothers, assets to the family and the nation.
Vindication might have been written
in gunpowder rather than ink, given the reaction it aroused on both sides of
the Atlantic. At first, Wollstonecraft won more than a few defenders among both
men and women. This favorable reception ended abruptly after her death in
childbirth in 1797, when a memoir written by her husband revealed that she had
lived out of wedlock with him—and before him, with another lover. Even so, some
of her readers continued to admire her views. The Philadelphia Quaker Elizabeth
Drinker confided to her diary that “In very many of her sentiments,
[Wollstonecraft] … speaks my mind.”
Republican Motherhood and Education
Wollstonecraft's ideas also lent
support to the leading educational reformers in the revolutionary generation.
Her sentiments echo in the writings of Judith Sargent Murray, a New
Englander who urged the cultivation of women's minds to encourage self-respect
and celebrated “excellency in our sex.” Her fellow reformer, the Philadelphian Benjamin
Rush, agreed that only educated and independent-minded women could
raise the informed and self-reliant citizens that a republican government
required.
The Revolution also prompted some
states to reform their marriage laws, making divorce somewhat easier, although
it remained extremely rare. But while women won greater freedom to divorce,
courts became less concerned with enforcing a widow's traditional legal claim
to one-third of her spouse's real estate. And married women still could not sue
or be sued, make wills or contracts, or buy and sell property. Any wages that
they earned went to their husbands; so did all personal property that wives
brought into a marriage; so did the rents and profits of any real estate they
owned. Despite the high ideals of republican motherhood, most women remained
confined to the domestic sphere of the home and deprived of the most basic
legal and political rights.
The Attack on Aristocracy
Why wasn't the American Revolution
more revolutionary? Independence secured the full political equality of white
men who owned property, but women were still deprived of political rights,
African Americans of human rights.
Why did the revolutionaries stop
short of extending equality to the most unequal groups in American society—and
with so little sense that they were being inconsistent?
In part, the lack of concern was
rooted in republican ideas themselves. Republican ideology viewed property
as the key to independence and power. Lacking property, women and black
Americans were easily consigned to the custody of husbands and masters. Then,
too, prejudice played its part: the perception of women and blacks as naturally
inferior beings.
But revolutionary leaders also
failed to press for greater equality because they conceived their crusade in
terms of eliminating the evils of a European past dominated by kings and
aristocrats. They believed that the great obstacle to equality was
monarchy—kings and queens who bestowed hereditary honors and political office
on favored individuals and granted legal privileges and monopolies to favored
churches and businesses. These artificial inequalities posed the real threat to
liberty, most republicans concluded. In other words, the men of the Revolution
were intent on attaining equality by leveling off the top of society. It did
not occur to most republicans that the cause of equality could also be served
by raising up the bottom—by attacking the laws and prejudices that kept African
Americans enslaved and women dependent.
Disestablishment of State-Supported
Churches
The most significant reform of the
republican campaign against artificial privilege was the dismantling of
state-supported churches. Most states had a religious establishment. In New
York and the South, it was the Anglican Church; in New England, the
Congregational church. Since the 1740s dissenters who did not worship at state
churches had protested laws that taxed all citizens to support the clergy of
established denominations. After the Revolution, dissenters argued that
equality required ending such privileges. As more dissenters became voters,
state legislators gradually abolished state support for Anglican and Congregational
churches.
In the same anti-aristocratic spirit
reformers attacked the Society of Cincinnati, a group
organized by former officers of the Continental Army in 1783. The society,
which was merely a social club for veterans, was forced to disband for its
policy of passing on its membership rights to eldest sons. In this way, critics
charged, the Cincinnati was creating artificial distinctions and perpetuating hereditary
warrior nobility.
Today, many of the republican
efforts at reform seem misdirected. While only a handful of revolutionaries
worked for the education of women and the emancipation of slaves, enormous zeal
went into fighting threats from a monarchical past that had never existed in
America. Yet the threat from kings and aristocrats was real to the
revolutionaries—and indeed remained real in many parts of Europe. Their
determination to sweep away every shred of formal privilege ensured that these
forms of inequality never took root in America.
From Confederation to Constitution
While Americans in many walks of
life sought to realize the republican commitment to equality, Congress wrestled
with the problem of preserving the nation itself. With the new republic slowly
rending itself to pieces, some political leaders concluded that neither the
Confederation nor the state legislatures were able to remedy the basic
difficulties facing the nation. But how could the states be convinced to
surrender their sovereign powers? The answer came in the wake of two events—one
foreign, one domestic—that lent momentum to the cause of strengthening the
central government.
The Jay-Gardoqui Treaty
The international episode was a
debate over a proposed treaty with Spain. In 1785 southwesterners still could
not legally navigate the Mississippi and still were threatening to secede from
the union and annex their territory to Spain's American empire. To shore up
southwestern loyalties, Congress instructed its secretary of foreign affairs, John
Jay, to negotiate an agreement with Spain preserving American rights to
navigate on the Mississippi River. But the Spanish emissary, Don
Diego de Gardoqui, sweet-talked Jay into accepting a treaty by which
the United States would give up all rights to the Mississippi for 25 years. In
return, Spain agreed to grant trading privileges to American merchants.
Jay, a New Yorker, knew more than a
few northern merchants who were eager to open new markets. But when the
proposed treaty became public knowledge, southwesterners denounced it as
nothing short of betrayal. The treaty was never ratified, but the hostility
stirred up during the debate revealed the strength of sectional feelings. Only
a decade later, when the Senate ratified a treaty negotiated with Spain by
Thomas Pinckney in 1796, did Americans gain full access to the Mississippi.
Shays's Rebellion
On the heels of this humiliation by
Spain came an internal conflict that challenged the notion that individual
states could maintain order in their own territories. The trouble erupted in
western Massachusetts, where many small farmers were close to ruin. By 1786
farm wages and prices had fallen sharply and farmers were selling little
produce. Yet they still had to pay mortgages on their farms and other debts. In
1786 the lower house of the Massachusetts legislature obliged the farmers with
a package of relief measures. But creditors in eastern Massachusetts,
determined to safeguard their own investments, persuaded the upper house to
defeat the measures.
In the summer of 1786 western
farmers responded, demanding that the upper house of the legislature be
abolished and that the relief measures go into effect. That autumn 2,000
farmers rose in armed rebellion, led by Captain Daniel Shays, a veteran of
the Revolution. They closed the county courts to halt creditors from
foreclosing on their farms and marched on the federal arsenal at Springfield.
The state militia quelled the uprising by February 1787, but the insurrection
left many in Massachusetts and the rest of the country thoroughly shaken.
Alarmed conservatives saw Shays's
Rebellion as the consequence of radical democracy. “The natural effects
of pure democracy are already produced among us,” lamented one republican
gentleman; “it is a war against virtue, talents, and property carried on by the
dregs and scum of mankind.” He was wrong. The rebels with Daniel Shays were no
impoverished rabble. They were reputable members of western communities who
wanted their property protected and believed that government existed to provide
that protection. The Massachusetts state legislature had been unable to
safeguard the property of farmers from the inroads of recession or to protect
the property of creditors from the armed debtors who closed the courts. It had
failed, in other words, to fulfill the most basic aim of republican government.
Other states with discontented debtors feared what the example of western
Massachusetts might mean for the future of the Confederation itself. But by
1786 Shays's Rebellion supplied only the sharpest jolt to a movement for reform
that was already under way. Even before the rebellion, a group of Virginians
had proposed a meeting of the states to adopt a uniform system of commercial
regulations. Once assembled at Annapolis in September 1786, the delegates from
five states agreed to a more ambitious undertaking. They called for a second,
broader meeting in Philadelphia, which Congress approved, for the “express
purpose of revising the Articles of Confederation.”
Framing a Federal Constitution
It was the wettest spring anyone
could remember. The 55 men who traveled over muddy roads to Philadelphia in May
1787 arrived drenched and bespattered. Fortunately, most of the travelers were
men in their 30s and 40s, young enough to survive a good soaking. Since most
were gentlemen of some means—planters, merchants, and lawyers with powdered
wigs and prosperous paunches—they could recover from the rigors of their
journey in the best accommodations offered by America's largest city.
The delegates came from all the
states except Rhode Island. The rest of New England supplied shrewd backroom
politicians—Roger Sherman and Oliver Ellsworth from Connecticut and Rufus King
and Elbridge Gerry, Massachusetts men who had learned a trick or two from Sam
Adams. The middle states marshaled much of the intellectual might: two
Philadelphia lawyers, John Dickinson and James Wilson; one Philadelphia
financier, Robert Morris; and the aristocratic Gouverneur Morris. From
New York there was Alexander Hamilton, the mercurial and ambitious young protégé
of Washington. South Carolina provided fiery orators Charles Pinckney and John
Rutledge.
It was “an assembly of the demi-gods,”
gushed Thomas Jefferson, who, along with John Adams, was serving
as a diplomat in Europe when the convention met. In fact, the only delegate who
looked even remotely divine was the convention's presiding deity. Towering a
full half foot taller than most of his colleagues, George Washington
displayed his usual self-possession from a chair elevated on the speaker's
platform in the Pennsylvania State House, where the delegates met. At first
glance, the delegate of least commanding presence was Washington's fellow
Virginian, James Madison. Short and slightly built, the 36-year-old
Madison had no profession except hypochondria; he read a great deal and dressed
in black. But he was an astute politician and a brilliant political thinker
who, more than anyone else; shaped the framing of the federal Constitution.
The delegates from 12 different
states had two things in common. They were all men of considerable political
experience, and they all recognized the need for a stronger national union. So
when the Virginia delegation introduced Madison's outline for a new central
government, the convention was ready to listen.
The Virginia and New Jersey Plans
What Madison had in mind was a truly
national republic, not a confederation of independent states. His “Virginia
Plan” proposed a central government with three branches: legislative,
executive, and judicial. Furthermore, the legislative branch, Congress, would
possess the power to veto all state legislation. In place of the
Confederation's single assembly, Madison substituted a bicameral legislature,
with a lower house elected directly by the people and an upper house chosen by
the lower, from nominations made by state legislatures. Representatives to both
houses would be apportioned according to population—a change from practice
under the Articles, in which each state had a single vote in Congress. Madison
also revised the structure of government that had existed under the Articles by
adding an executive, who would be elected by Congress, and an independent
federal judiciary.
After two weeks of debate over the
Virginia Plan, William Paterson, a lawyer from New Jersey, presented a less
radical counterproposal. Although his “New Jersey Plan” increased
Congress's power to tax and to regulate trade, it kept the national government
as a unicameral
assembly, with each state receiving one vote in Congress under the
policy of equal representation. The delegates took just four days to reject
Paterson's plan. Most endorsed Madison's design for a stronger central
government.
Even so, the issue of apportioning
representation continued to divide the delegates. While smaller states pressed
for each state's having an equal vote in Congress, larger states backed
Madison's provision for basing representation on population. Underlying the
dispute over representation was an even deeper rivalry between southern and
northern states. While northern and southern populations were nearly equal in
the 1780s, and the South's population was growing more rapidly, the northern
states were more numerous. Giving the states equal votes would put the South at
a disadvantage. Southerners feared being outvoted in Congress by the northern
states and felt that only proportional representation would protect the
interests of their section.
That division turned into a deadlock
as the wet spring burned off into a blazing summer. Delegates suffered the
daily torture of staring at a large sun painted on the speaker's chair occupied
by Washington. The stifling heat was made even worse because the windows
remained shut to keep any news of the proceedings from drifting out into the
Philadelphia streets.
The Deadlock Broken
Finally, as the heat wave broke, so
did the political stalemate. On July 2 a committee headed by Benjamin Franklin suggested a
compromise. States would be equally represented in the upper house of Congress,
each state legislature appointing two senators to six-year terms. That
satisfied the smaller states. In the lower house of Congress, which alone could
initiate money bills, representation was to be apportioned according to
population. Every 30,000 inhabitants would elect one representative for a
two-year term. A slave was to count as three-fifths of a free person in the
calculation of population, and the slave trade was to continue until 1808. That
satisfied the larger states and the South.
By the end of August the convention
was prepared to approve the final draft of the Constitution. The delegates
agreed that the executive, now called the president, would be chosen every four
years. Direct election seemed out of the question—after all, how could citizens
in South Carolina know anything about a presidential candidate who happened to
live in distant Massachusetts, or vice versa? But if voters instead chose
presidential electors, those eminent men would likely have been involved in
national politics, have known the candidates personally, and be prepared to
vote wisely. Thus the Electoral College was established,
with each state's total number of senators and representatives determining its
share of electoral votes.
An array of other powers ensured
that the executive would remain independent and strong. He would have command
over the armed forces, authority to conduct diplomatic relations,
responsibility to nominate judges and officials in the executive branch, and
the power to veto congressional legislation. Just as the executive branch was
made independent; so too the federal judiciary was separated from the other two
branches of government. Madison believed that this clear separation of powers
was essential to a balanced republican government.
Madison's only real defeat came when
the convention refused to give Congress veto power over state legislation.
Still, the new bicameral national legislature enjoyed much broader authority
than Congress had under the Confederation, including the power to tax and to
regulate commerce. The Constitution also limited the powers of state
legislatures, prohibiting them from levying duties on trade, coining money or
issuing paper currency, and conducting foreign relations. The Constitution and
the acts passed by Congress were declared the supreme law of the land, taking
precedence over any legislation passed by the states. And changing the
Constitution would not be easy.
Amendments could be proposed only by a two-thirds vote of both houses
of Congress or in a convention requested by two-thirds of the state
legislatures. Ratification of amendments required approval by three-quarters of
the states.
On September 17, 1787, 39 of the 42
delegates remaining in Philadelphia signed the Constitution. It was
fortunate that the signatories included so many lawyers, because the summer's
proceedings had been of such dubious legality that many skilled attorneys would
be needed to make them seem otherwise. Charged only to revise the Articles, the
delegates had instead written a completely new frame of government. And to
speed up ratification, the convention decided that the Constitution would go
into effect after only nine states had approved it, overlooking the fact that
even a revision of the Articles would have required the assent of all state
legislatures. They further declared that the people themselves—not the state
legislatures—would pass judgment on the Constitution in special ratifying
conventions. To serve final notice that the new central government was a
republic of the people and not merely another confederation of states, Governor
Morris of Pennsylvania hit on a happy turn of phrase to introduce the
Constitution. “We the People,” the document begins, “in Order to form a more
perfect Union …”
Ratification
With grave misgivings on the part of
many, the states called for conventions to decide whether to ratify the new
Constitution. Those Americans with the gravest misgivings—the Anti-Federalists
as they came to be called—voiced familiar republican fears. Older and less
cosmopolitan than their Federalist opponents, the Anti-Federalists drew on
their memories of the struggle with England to frame their criticisms of the
Constitution. Expanding the power of the central government at the expense of
the states, they warned, would lead to corrupt and arbitrary rule by new
aristocrats. Extending a republic over a large territory, they cautioned, would
separate national legislators from the interests and close oversight of their
constituents.
Madison responded to these
objections in The Federalist Papers, a series of 85 essays written with
Alexander Hamilton and John Jay during the winter of 1787–1788. He countered
Anti-Federalist concerns over the centralization of power by pointing out that
each separate branch of the national government would keep the others within
the limits of their legal authority. That mechanism of checks and balances
would prevent the executive from oppressing the people while preventing the
people from oppressing themselves.
To answer Anti-Federalist objections
to a national republic, Madison drew on the ideas of an English philosopher,
David Hume. In his famous tenth essay in The Federalist Papers, Madison argued
that in a great republic, “the Society becomes broken into a greater variety of
interests, of pursuits, of passions, which check each other.” The larger the
territory, the more likely it was to contain multiple political interests and
parties, so that no single faction could dominate. Instead, each would cancel
out the others. The one Anti-Federalist criticism Madison could not get around
was the absence of a national bill of rights. Opponents
insisted on an explicit statement of rights to secure the freedoms of
individuals and minorities from being violated by the federal government.
Madison finally promised to place a bill of rights before Congress
immediately after the Constitution was ratified.
Throughout the early months of 1788,
Anti-Federalists continued their opposition. But they lacked the articulate and
influential leadership that rallied behind the Constitution and commanded
greater access to the public press. In the end, too, Anti-Federalist fears of
centralized power proved less compelling than Federalist prophecies of the
chaos that would follow if the Constitution were not adopted.
By the end of July 1788 all but two
states had voted in favor of ratification. The last holdout—Rhode Island, to no
one's surprise—finally came aboard in May 1790, after Madison had carried
through on his pledge to submit a bill of rights to the new Congress. Indeed,
these 10 amendments—ratified by enough states to become part of the
Constitution by the end of 1791—proved to be the Anti-Federalists' most
impressive legacy. The bill of rights set the most basic
terms for defining personal liberty in the United States. Among the rights
guaranteed were freedom of religion, the press, and speech, as well as the
right to assemble and petition and the right to bear arms. The amendments also
established clear procedural safeguards, including the right to a trial by jury
and protection against illegal searches and seizures. They prohibited excessive
bail, cruel and unusual punishment, and the quartering of troops in private
homes.
Within the span of a single
generation, Americans had declared their independence twice. In many ways the
political freedom claimed from Britain in 1776 was less remarkable than the
intellectual freedom from the Old World that Americans achieved by agreeing to
the Constitution. The Constitution represented a triumph of the imagination—a
challenge to many beliefs long cherished by western Europe's republican
thinkers.
Revolutionary ideals had been deeply
influenced by the conflicts of British politics, in particular the Opposition's
warnings about the dangers of executive power. Those concerns at first
committed the revolutionaries to making legislatures supreme. In the end,
though, Americans ratified a constitution that provided for an independent
executive and a balanced government. The Opposition's fears of distant,
centralized power had at first prompted the revolutionaries to embrace state
sovereignty. But, in the Constitution, Americans established a national government
with authority independent of the states. Finally, the common sense among all
of Western Europe's republican theorists—that large national republics were an
impossibility—was rejected by Americans, making the United States an
impossibility that still endures.
What, then, became of the last tenet
of the old republican creed—the belief that civic virtue would sustain popular
liberty? The hard lessons of the war and the crises of the 1780s withered
confidence in the capacity of Americans to sacrifice their private interests
for the public welfare. The Constitution reflected the view that interest
rather than virtue shaped the behavior of most people most of the time and that
the clash of diverse interest groups would remain a constant of public life.
Yet Madison and many other
Federalists did not believe that the competition between private interests
would always foster the public welfare. That goal would be met instead by the
new national government acting as “a disinterested and dispassionate umpire in
disputes between different passions and interests in the State.” A large republic, Federalists believed, with
its millions of citizens, would yield more of that scarce
resource—disinterested gentlemen dedicated to serving the public good. Such
gentlemen, in Madison's words, “whose enlightened views and virtuous sentiments
render them superior to local prejudices,” would fill the small number of
national offices.
Not all the old revolutionaries
agreed. Anti-Federalists drawn from the ranks of ordinary Americans still
believed that the national government should be composed of representations
from every social class and occupational group, not dominated by “enlightened”
gentlemen. “These lawyers and men of learning, and moneyed men, that talk so
finely,” complained one Anti-Federalist, would “get all the power and all of
the money into their own hands, and then they will swallow up all us little
folks.”
That fear made Patrick Henry so ardent an Anti-Federalist that he refused to
attend the Constitutional Convention in 1787, saying that he “smelt a rat.” “I
am not a Virginian, but an American,” Henry had once declared. Most likely he
was lying. Or perhaps Patrick Henry, a southerner and a slaveholder, could see
himself as an “American” only so long as sovereignty remained firmly in the
hands of the individual states. Henry's convictions, 70 years later, would rise
again to haunt the Union.
Chapter Summary
The American
Revolution did not create an American national identity. Perhaps those who had
served with the Continentals developed an allegiance to the army as a truly
national institution, but most inhabitants of "these United States"
and their political leaders did not yet think in terms of loyalty to a national
cause. For a decade after independence, most revolutionaries remained less
committed to creating an American nation, a single national republic, than to
organizing 13 separate and loosely federated state republics.
Republican
Experiments
Strong local
loyalties, as well as the conviction that republics could not prosper over
large territories, determined the shape of the first state constitutions. These
crucial early experiments in establishing a republican government maintained
the basic structure of the old colonial polities, but dramatically altered the
balance of power among the branches of government. Popularly elected
legislatures became the dominant force in the new governments, controlling not
only weak executives but also the judiciary. Revolutionaries thus largely
abandoned the British system of mixed government. They also departed from
British practices by insisting on written state constitutions as a law superior
to the government that defined the full scope of popular liberty.
From
Congress to Confederation
While Americans
focused on constructing their state constitutions, the national government
received little attention. In fact, it took four years after 1777 for all the
states to approve the Articles of Confederation. The Articles provided for a
government by a national legislature, essentially a continuation of the Second
Continental Congress. But they left the crucial power of the purse entirely to
the states, as well as all final power to make laws for and execute control
over undistributed western lands. Few leaders in the 1770s perceived the need
for a defined distribution of power between the states and the national
government. They gave more thought to this issue of federalism only as the
events of the post-revolutionary period revealed that neither the states nor
the national government could individually cope with international challenges
and domestic dislocations.
The
Temptations of Peace
Many of these
conflicts arose from the expanding settlement process in the West. That region
confronted not only international difficulties such as British efforts to lure
Vermonters into Canada and Spanish attempts to encourage secession among
southwesterners, but also internal problems as states squabbled over
conflicting claims to western land. An even more serious contest arose between
"landless" and "landed" states when the latter claimed
large western tracts under the terms of their old colonial charters. Only in
1781 when the last of the landed states, Virginia, finally ceded its charter
rights to the national government, did all the state governments ratify the
Articles of Confederation. The settlement of the West also triggered
controversy by democratizing state legislatures, a development some
conservatives disdained. They warned that parochial western delegates lacked
wealth, education, and a "larger view" of politics sufficient to
prudently oversee the operations of government. Such fears of democratic excess
shaped the Northwest Ordinance of 1787, which withheld full self-government
from these new territories until they had attained statehood. Even so, the
Northwest Ordinance established an orderly way of incorporating the frontier
into the federal system and outlawed slavery in the region. In fact, northern
laws abolishing slavery, along with an increase in manumissions in the upper
South, swelled the growth of the free black community and altered its
character.
In the South as a
whole, however, slavery continued to expand along with the cotton economy; more
blacks lived in enslavement in 1800 than in 1776. The emergence of slavery as the
"peculiar institution" of the South during the early national period
would dominate the political agenda by the mid-nineteenth century.
During the
Confederation era, though, contests over the West and battles over monetary
policy remained the focal points of political debate. Alarmingly, both the
national and state governments proved even more powerless to redress postwar
economic disruption than they had in coping with the problems posed by the
frontier.
Republican
Society
As political
leaders struggled to shape new republican governments, ordinary Americans
struggled to define a new republican society. Newly rich families came to
demand and receive greater status; workers began to organize; some women
claimed a right to greater political consideration, more freedom to divorce,
and better educational opportunities; religious dissenters clamored for
disestablishment. Yet white male revolutionaries stopped short of extending
equality to the most unequal groups in American society, blacks and women. Suggestions
that women received equal rights were met with outright hostility; indeed, the
popular form of "seduction literature" continued to emphasize the
differences between men and women even as this society gave women new authority
as the guardians of sexual virtue and as "republican mothers." Their
view of equality was essentially conservative, one that emphasized leveling the
top of society by abolishing aristocratic privilege rather than raising up the
lowest social groups.
From Confederation to Constitution
In the mid-1780s,
the political crisis of the Confederation peaked as a result of both the
controversy over the Jay-Gardoqui treaty and the fear caused by Shays'
Rebellion. In response, political leaders called the Constitutional Convention
of 1787. Although the convention only held the power to revise the Articles of
Confederation, it produced instead an entirely new frame of government
establishing a truly national republic, the federal Constitution. Based largely
on James Madison's "Virginia Plan," the new Constitution provided for
a separation of powers among a judiciary, a bicameral national legislature, and
a strong executive. They broke a deadlock among the delegates over the issue of
representation, a crisis that reflected the deep rivalry between northern and
southern states, through a compromise that provided for equal representation of
states in the upper house of Congress and representation proportional to
population in the lower house, with a slave counting as three-fifths of a free
person.
Key Terms
Constitution: framework of government establishing the contract between rulers and
ruled. American revolutionaries insisted upon written constitutions to protect
individual rights and liberties; by contrast, Britons understood the term
constitution to mean the existing arrangement of government—not an actual
document but a collection of parliamentary laws, customs, and precedents. Page 140
State
Constitution:
In the United States, each state has its own
constitution. Usually, they are longer than the 8,500-word federal Constitution
and are more detailed regarding the day-to-day relationships between government
and the people. The shortest is the Constitution of Vermont, adopted in 1793
and currently 8,295 words long. The longest is Alabama's sixth and current
constitution, ratified in 1901, at 357,157 words long. Both the federal and
state constitutions are organic texts: they are the fundamental blueprints for
the legal and political organizations of the United States and the states,
respectively. The Tenth Amendment to the United States Constitution, part of
the Bill of Rights, provides that "The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people." The Guarantee Clause of
Article 4 of the Constitution states that "The United States shall
guarantee to every State in this Union a Republican Form of Government."
These two provisions indicate states did not surrender their wide latitude to
adopt a constitution, the fundamental documents of state law, when the U.S.
Constitution was adopted. Typically state constitutions address a wide array of
issues deemed by the states to be of sufficient importance to be included in
the constitution rather than in an ordinary statute. Often modeled after the
federal Constitution, they outline the structure of the state government and
typically establish a bill of rights, an executive branch headed by a governor
(and often one or more other officials, such as a lieutenant governor and state
attorney general), a state legislature, and state courts, including a state
supreme court (a few states have two high courts, one for civil cases, the
other for criminal cases). Additionally, many other provisions may be included.
Many state constitutions, unlike the federal constitution, also begin with an
invocation of God. Some states allow amendments to the Constitution by
initiative. Many states have had several constitutions over the course of its
history. The organized territories of the United States also have constitutions
or organic acts of their own, if they have an organized government through an
Organic Act passed by the federal Congress. These constitutions are subject to
congressional approval and oversight, which is not the case with state
constitutions. If territories wish to enter the Union (that is, to attain
statehood), they seek an enabling act from Congress and must draft an
acceptable state constitution as a prerequisite to statehood. Page 140
Congressional
Committees: A congressional committee
is a legislative sub-organization in the United States Congress that handles a
specific duty (rather than the general duties of Congress). Committee
membership enables members to develop specialized knowledge of the matters
under their jurisdiction. As "little legislatures", the committees
monitor ongoing governmental operations, identify issues suitable for
legislative review, gather and evaluate information, and recommend courses of
action to their parent body. Congress divides its legislative, oversight, and
internal administrative tasks among approximately 200 committees and
subcommittees. Within assigned areas, these functional subunits gather
information; compare and evaluate legislative alternatives; identify policy
problems and propose solutions; select, determine, and report measures for full
chamber consideration; monitor executive branch performance (oversight); and
investigate allegations of wrongdoing. Page
141
Ethan
Allen/Green Mountain Boys: During the French &
Indian War, Ethan Allen served as a private in the colonial ranks. After moving
to Vermont, he was elected colonel commandant of the local militia, better
known as the "Green Mountain Boys." During the early months of the
American Revolution, Allen held no official rank in the Continental Army. Upon
his exchange and release by the British in 1778, Allen was given the rank of
lieutenant colonel in the Continental Army and major general of militia. After
returning to Vermont later that year, he was made a general in the Army of
Vermont. Page 142
Landed
states and landless states: Some of the 13 colonies
that became the United States had originally been granted land whose western
boundaries were vague or overlapped the land granted to other colonies. During
the Confederation period, the so-called "landless" states had
boundaries that were firmly drawn on all sides, such as Maryland, New Jersey,
and Massachusetts. The so-called "landed" states possessed grants
whose western boundaries were not fixed. Page
143
Articles
of Confederation: The Articles of
Confederation, formally the Articles of Confederation and Perpetual Union, was
a document signed amongst the 13 original colonies that established the United
States of America as a confederation of sovereign states and served as its
first constitution. Its drafting by a committee appointed by the Second
Continental Congress began on July 12, 1776, and an approved version was sent
to the states for ratification in late 1777. The formal ratification by all 13 states
was completed in early 1781. Even when not yet ratified, the Articles provided
domestic and international legitimacy for the Continental Congress to direct
the American Revolutionary War, conduct diplomacy with Europe and deal with
territorial issues and Native American relations. Nevertheless, the weakness of
the government created by the Articles became a matter of concern for key
nationalists.
On March 4, 1789, general government under the
Articles was replaced with the federal government under the U.S. Constitution.
The new Constitution provided for a much stronger federal government with a
chief executive (the president), courts, and taxing powers. Pages 143-144
Northwest
Territory Ordinances of 1784, 1785: Policy used when Congress
finally came to decide what to do with the Northwest Territory. Carved out of
the land ceded by the states to the national government, the Northwest
Territory comprised the present-day states of Ohio, Indiana, Illinois,
Michigan, and Wisconsin. With so many white settlers moving into these lands,
Congress was faced with a crucial test of its federal system. If an orderly way
could not be devised to expand the confederation of states beyond the original
13 colonies, the new territories might well become independent countries or
even colonies of Spain or Britain. Congress dealt with the issue of expansion
by adopting three ordinances. The first, drafted by Thomas Jefferson in 1784,
divided the Northwest Territory into 10 states, each to be admitted to the
Union on equal terms as soon as its population equaled that in any of the
existing states. In the meantime, Jefferson provided for democratic
self-government of the territory by all free adult males. A second ordinance of
1785 set up an efficient mechanism for dividing and selling public lands. The
Northwest Territory was surveyed into townships six miles square. Each township
was then divided into 36 lots of one square mile, or 640 acres. Congress waited
in vain for buyers to flock to the land offices it established. The cost of
even a single lot—$640—was too steep for most farmers. Disappointed by the
shortage of buyers and desperate for money, Congress finally accepted a
proposition submitted by a private company of land speculators who offered to
buy some 6 million acres in present-day southeastern Ohio. That several members
of Congress numbered among the company's stockholders no doubt added to
enthusiasm for the deal. Page 144
Northwest
Ordinance, 1787: The Northwest Ordinance
(formally An Ordinance for the Government of the Territory of the United
States, North-West of the River Ohio, and also known as the Freedom Ordinance
or The Ordinance of 1787) was an act of the Congress of the Confederation of
the United States (the Confederation Congress), passed July 13, 1787. The
ordinance created the Northwest Territory, the first organized territory of the
United States, from lands beyond the Appalachian Mountains, between British
Canada and the Great Lakes to the north and the Ohio River to the south. The
upper Mississippi River formed the Territory's western boundary. On August 7,
1789, first President George Washington signed a replacement, the Northwest
Ordinance of 1789, in which the new U.S. Congress reaffirmed the Ordinance with
slight modifications under the newly effective Constitution of the United
States. The Ordinance purported to be not merely legislation that could later
be amended by the Congress, but rather "the following articles shall be
considered as Articles of compact between the original States and the people
and states in the said territory, and forever remain unalterable, unless by
common consent...."
Arguably the single most important piece of
legislation passed by members of the earlier Continental Congresses and the
Confederation Congress, other than the Declaration of Independence itself and
the seminal, precedent-setting "Articles of Confederation and Perpetual
Union", it established the precedent by which the Federal government would
be sovereign and expand westward across North America with the admission of new
states, rather than with the expansion of existing states and their established
sovereignty under the old Articles of Confederation. It is the most important
legislation that Congress has passed with regard to American public domain lands.
The prohibition of slavery in the territory had the practical effect of
establishing the Ohio River as the boundary between free and slave territory in
the region between the Appalachian Mountains and the Mississippi River. This
division helped set the stage for national competition over admitting free and
slave states, the basis of a critical question in American politics in the 19th
century until the Civil War. Pages 144 -145
Peculiar
Institution: "(Our) peculiar
institution" was a euphemism for slavery and the economic ramifications of
it in the American South. The meaning of "peculiar" in this
expression is "one's own", that is, referring to something
distinctive to or characteristic of a particular place or people. The proper use
of the expression is always as a possessive, e.g., "our peculiar
institution" or "the South's peculiar institution". It was in
popular use during the first half of the 19th century, especially in
legislative bodies, as the word slavery was deemed "improper," and
was actually banned in certain areas. Some[who?] see this expression as
specifically intended to gloss over the apparent contradiction between lawful
slavery and the statement in the Declaration of Independence that "all men
are created equal". But, in fact, at the time this expression became
popular, it was used in association with a vigorous defense of slavery as a
good thing. One of the leaders in using the phrase, and in advancing the
argument that slavery was a "positive good", establishing the proper
relation between the races, was John C. Calhoun, most notably in his Speech on
the Reception of Abolition Petitions. The March 1861 "Cornerstone
Speech" of Confederate Vice President Alexander Stephens even argued that
Jefferson's words in the Declaration was mistaken, and that the Confederacy's
new Constitution, establishing "our peculiar institution", had
rectified the error. Page 146
Anti-slavery
societies: The American Revolution
created more free blacks, both through those who actively supported the Patriot
cause and were freed and those who took the opportunity to work for or leave
with the British. The rhetoric of liberty and human rights effected a change in
some slaveholders who emancipated their slaves in the years after the
Revolution. But these events were more than counterbalanced by the fact that
the United States Constitution, adopted in 1787, protected the rights of
slaveholders to slave property throughout the union. Some actions by the new
American government and the individual states did limit slavery. The Northwest
Territory was forbidden to slavery and the northern states enacted gradual
emancipation laws. But the passage of the Fugitive Slave Law of 1793 explicitly
stated that slaveholders could retrieve their slave "property" from
Free states and territories. That was to discourage enslaved persons from
trying to reach free regions. Hundreds of slaves fled bondage each year
in the decades between the American Revolution and the Civil War. Some stayed
in the South, seeking family from whom they had been separated or a temporary
refuge from slavery. Other fugitives stayed in southern towns and cities, often
with forged "free" papers. Whether they sought free territory or
remained in the south, they were primarily aided by other slaves and by free
blacks while in the south. In each decade after the Revolution, the assistance
of some whites became more apparent. The Religious Society of Friends (Quakers)
was prominent in the antislavery societies which sprang up after the
Revolution, and, for a while, the Baptists and Methodists were antislavery. The
early antislavery societies promoted gradual emancipation and they faded from
the national scene by the War of 1812. As the free black population grew, their
concern for the status of the African American became the center of the
antislavery movement. Page 146
Manumission
statues: Manumission is the act of
a slave owner freeing his or her slaves. African slaves were freed in the North
American colonies as early as the seventeenth century. Some (such as Anthony
Johnson) went on to become landowners and slaveholders in the colonies. Slaves
could sometimes arrange manumission by agreeing to "purchase
themselves"; that is, to pay the master an agreed amount. Some masters
demanded market rates; others set a lower amount in consideration of service. Regulation
of manumission began in 1692, when Virginia established that in order to
manumit a slave, a person must pay the cost for them to be transported out of
the state. A 1723 law stated that slaves may not "be set free upon any
pretense whatsoever, except for some meritorious services to be adjudged and
allowed by the governor and council." In some cases, when a master was
drafted into the army, they sent a slave in their place, with a promise of freedom
if they survived the war. The new government of Virginia repealed these laws in
1782 and declared freedom for slaves who had fought for the Colonies in the
American Revolutionary War. The 1782 laws also permitted masters to free their
slaves on their own accord; previously, manumission required obtaining consent
from the state legislature, an arduous and rarely granted request. However, as
population of free Negroes increased, the state passed laws forbidding free
negroes from moving into the state (1778) and requiring newly freed slaves to
leave within one year unless they had special permission (1806). Various other
states at this time established laws governing manumission and tended to make
it easier to accomplish. In the first two decades after the American Revolution,
many of the new states passed laws allowing slaveholders to declare slaves free
by filing papers, and numerous manumissions were made in the idealism of the
war. The percentage of free blacks as a proportion of the total black
population increased in the Upper South from less than 1 percent to nearly 10
percent in this period. In Virginia, the proportion of free blacks increased from
1% in 1782 to 7% in 1800. Together with several northern states abolishing
slavery during this period, the percentage of free blacks nationally increased
to 13.5 percent of the total black population. After invention of the cotton
gin in 1793, which enabled the development of extensive new areas for new types
of cotton cultivation, manumissions decreased due to increased demand for slave
labor. Slave states such as Virginia made it easier for slaveholders to free
their slaves. In the two decades following the American Revolutionary War,
numerous slaveholders accomplished manumissions by deed or in wills, so that
the percentage of free blacks to the total number of blacks rose from less than
one percent to 10 percent in the Upper South. Some northern states quickly
abolished slavery, adding to the national population of free blacks; New York
and New Jersey adopted gradual abolition laws that kept the free children of
slaves as indentured servants into their twenties. Of the Founding Fathers of
the United States as defined by the historian Richard B. Morris, the
southerners were the major slaveholders, but northerners also held them, in
generally fewer numbers, as domestic servants. John Adams owned none; George
Washington freed his slaves in his will (his wife independently held numerous
dower slaves); Thomas Jefferson freed five slaves in his will, and the
remaining 130 were sold to settle his estate debts; James Madison did not free
his slaves and some were sold to pay off estate debts, and his wife and son
retained most to work Montpelier plantation; Benjamin Franklin freed his
slaves; Alexander Hamilton likely owned slaves and freed them, as he was an
officer of the New York Manumission Society; the society was founded by John
Jay, who freed his domestic slaves in 1798, the same year as governor he signed
a gradual abolition law in New York; John Dickinson freed his slaves in a
manumission process between 1776-1786, the only Founding Father to do so during
this time. Page 146
Weaker
sex: The Revolutionary rethinking of the rules for
society also led to some reconsideration of the relationship between men and
women. At this time, women were widely considered to be inferior to men, a
status that was especially clear in the lack of legal rights for married women.
The law did not recognize wives' independence in economic, political, or civic
matters in Anglo-American society of the eighteenth century. Even future First
Ladies had relatively little clout. After the death of her first husband; Dolley
Todd Madison, had to fight her deceased spouse's heirs for control of his
estate. And Abigail Adams, an early advocate of women's rights, could only
encourage her husband John, to "Remember the Ladies" when drawing up
a new federal government. She could not participate in the creation of this
government, however. The Revolution increased people's attention to political
matters and made issues of liberty and equality especially important. As Eliza
Wilkinson of South Carolina explained in 1783, "I won't have it thought
that because we are the weaker sex as to bodily strength we are capable of
nothing more than domestic concerns. They won't even allow us liberty of
thought, and that is all I want." Page
146
Not
worth a continental: When loans from private
citizens and foreign creditors like France proved insufficient to finance the
fighting, both Congress and the states printed paper money—a whopping total of
$400 million. The paper currency was backed only by the government's promise to
redeem the bills with money from future taxes, because legislatures balked at
the unpopular alternative of levying taxes during the war. For the bills to be
redeemed, the United States had to survive, so by the end of 1776, when
Continental forces sustained a series of defeats, paper money started to
depreciate dramatically. By 1781 it was virtually without value, and Americans
coined the expression “not worth a Continental.”
Page 147
New
Jersey State Constitution: The Constitution of the
State of New Jersey is the basic governing document of the State of New Jersey.
In addition to three British Royal Charters issued for East Jersey, West Jersey
and united New Jersey while they were still colonies, the state has been
governed by three constitutions. The first was issued on July 2, 1776, shortly
before New Jersey ratified the United States Declaration of Independence; the
second was issued in 1844; and the current document was issued in 1947. The
state constitution reinforces the basic rights found in the United States
Constitution, but also contains several unique provisions, such as regulations
governing the operation of casinos. At 26,159 words, the document is slightly
shorter than the average American state constitution (about 28,300 words). When
a loosely worded provision in the New Jersey state constitution gave the vote
to “all free inhabitants” owning a specified amount of property, white widows
and single women went to the polls. Only in 1807 did the state legislature
close the loophole. Page 148
Mary
Wollstonecraft/A Vindication of the Rights of Women: Mary Wollstonecraft was an eighteenth-century English writer,
philosopher, and advocate of women's rights. During her brief career, she wrote
novels, treatises, a travel narrative, a history of the French Revolution, a
conduct book, and a children's book. Wollstonecraft is best known for A
Vindication of the Rights of Woman (1792), in which she argues that women are
not naturally inferior to men, but appear to be only because they lack
education. She suggests that both men and women should be treated as rational
beings and imagines a social order founded on reason. Published in 1792,
A Vindication of the Rights of Woman was the first great feminist treatise.
Wollstonecraft preached that intellect will always govern and sought “to
persuade women to endeavor to acquire strength, both of mind and body, and to
convince them that the soft phrases, susceptibility of heart, delicacy of
sentiment, and refinement of taste, are almost synonymous with epithets of
weakness.” Page 148
Republican
motherhood: Republican motherhood, a
phrase coined by scholars in the 1980s, is the idea that — after the American
Revolution, circa 1760 to 1800 — women sought their place within the new
representational government by raising the next generation of citizens. In
essence, this meant women had to be educated to better serve the country. Their
education then led to service because they could better raise children who
could further the republican ideal. Children have to be raised by educated
parents in order to better uphold the tenets of republicanism. Since this is a
system of governance wherein the people are sovereign, it stresses liberty and
the rights of the people. The civic duty of raising the next, well-educated
generation has come to be known as republican motherhood. At the time of the
U.S. revolution, mothers were entrusted with the education of their children at
home. To do so, women had to be literate. By ensuring that the children were
well educated, they would not only pass on the ideals of republicanism to their
daughters, but would also raise young men who, in the social sphere, could help
build a prosperous nation. Page 150
Benjamin Rush: Benjamin
Rush was a Founding Father of the United States. Rush lived in the state of
Pennsylvania and was a physician, writer, educator, humanitarian, as well as
the founder of Dickinson College in Carlisle, Pennsylvania. Rush signed the
Declaration of Independence and attended the Continental Congress. He served as
Surgeon General in the Continental army, and was blamed for criticizing George
Washington. Later in life, Rush became a professor of chemistry, medical
theory, and clinical practice at the University of Pennsylvania. Rush was a
leader of the American Enlightenment, and an enthusiastic supporter of the
American Revolution. He signed the Declaration of Independence, and was a
leader in Pennsylvania's ratification of the Constitution in 1788. He was
prominent in many reforms, especially in the areas of medicine and education.
He opposed slavery, advocated free public schools, and sought improved
education for women and a more enlightened penal system.
As a leading physician,
Rush had a major impact on the emerging medical profession. As an Enlightenment
intellectual, he was committed to organizing all medical knowledge around
explanatory theories, rather than rely on empirical methods. Rush argued that
illness was the result of imbalances in the body's physical system and was
caused by malfunctions in the brain. His approach prepared the way for later
medical research, but Rush himself undertook none of it. He promoted public
health by advocating clean environment and stressing the importance of personal
and military hygiene. His study of mental disorder made him one of the founders
of American psychiatry. Page 150
Judith
Sargent Murray: Judith Sargent Murray was
an early American advocate for women's rights, an essayist, playwright, poet,
and letter writer. She was one of the first American proponents of the idea of
the equality of the sexes—that women, like men, had the capability of
intellectual accomplishment and should be able to achieve economic
independence. Her landmark essay "On the Equality of the Sexes,"
published in the Massachusetts Magazine in March and April 1790 predated Mary
Wollstonecraft's A Vindication of the Rights of Woman, which was published in
Britain in 1792 and in Philadelphia in 1794. Page 150
Republican
ideology: Republican ideology
viewed property as the key to independence and power. Lacking property, women
and black Americans were easily consigned to the custody of husbands and
masters. Republicanism is the ideology of governing a society or state as a
republic where the head of state is a representative of the people who hold
popular sovereignty rather than the people being subjects of the head of state.
The head of state is typically appointed by means other than heredity, often
through elections. Page 150
John
Jay: John Jay was an American statesman, Patriot,
diplomat, Founding Father of the United States, signer of the Treaty of Paris,
and first Chief Justice of the Supreme Court (1789–95). Jay was born into a
wealthy family of merchants and government officials in New York City. He
became a lawyer and joined the New York Committee of Correspondence and
organized opposition to British rule. He joined a conservative political
faction that, fearing mob rule, sought to protect property rights and maintain
the rule of law while resisting British violations of human rights. Jay served
as the President of the Continental Congress (1778–79), an honorific position
with little power.
During and after the American Revolution, Jay was a
Minister (Ambassador) to Spain, France and Secretary of Foreign Affairs,
helping to fashion United States foreign policy. His major diplomatic
achievement was to negotiate favorable trade terms with Great Britain in the
Treaty of London of 1794 when he was still serving as Supreme Court Chief
Justice. Jay, a proponent of strong, centralized government, worked to ratify
the new Constitution in New York in 1788 by pseudonymously writing five of the
Federalist Papers, along with the main authors Alexander Hamilton and James
Madison. As a leader of the new Federalist Party, Jay was the Governor of New
York State (1795–1801), where he became the state's leading opponent of
slavery. His first two attempts to end slavery in New York in 1777 and 1785
failed, but a third in 1799 succeeded. The 1799 Act, a gradual emancipation he
signed into law, eventually gave all slaves in New York their freedom before
his death in 1829. Page 151
Don
Diego Gardoqui: Diego de Gardoqui, the
fourth of eight children, was the financial intermediary between the Spanish
Court and the Colonies during the American Revolutionary War, meeting with John
Jay on various occasions. The mercantile business of "José de Gardoqui e
Hijos" in Bilbao (of which Diego was one of three sons in a partnership
with their father) supplied the patriots with 215 bronze cannon - 30,000
muskets - 30,000 bayonets - 51,314 musket balls - 300,000 pounds of powder -
12,868 grenades - 30,000 uniforms - and 4,000 field tents during the war. After
the Revolution he became Spain's envoy to the United States. He arrived in New
York in the Spring of 1785. In the summer of 1786, he and Jay, who was
Secretary for Foreign Affairs under the Articles of Confederation, worked up a
treaty in which the United States would receive a commercial treaty with Spain
in exchange for giving up its claims to free navigation of the Mississippi.
Although Jay backed the treaty, congress never ratified it. Page 151
Captain
Daniel Shays/Shay's Rebellion: Daniel Shays was an
American soldier, revolutionary, and farmer famous for being one of the leaders
of Shays' Rebellion, a populist uprising against oppressive debt collection and
tax policies in Massachusetts in 1786 and 1787. Shays' Rebellion was an armed
uprising that took place in Massachusetts (mostly in and around Springfield)
during 1786 and 1787, which some historians believe "fundamentally altered
the course of United States' history." Fueled by perceived economic
terrorism and growing disaffection with State and Federal governments; Revolutionary
War veteran Daniel Shays led a group of rebels (called Shaysites) in rising up
first against Massachusetts' courts, and later in marching on the United
States' Federal Armory at Springfield in an unsuccessful attempt to seize its
weaponry and overthrow the government. Although Shays' Rebellion met with
defeat militarily, it bore fruit in forcing the Federal government to
reconsider the extent of its own powers at the U.S. Constitutional Convention,
and by drawing General George Washington out of retirement en route to his
Presidency, among influencing other changes to America's young democracy.
Although - in the past and still to some extent
today - often characterized as a revolt of poor, Western Massachusetts farmers
embittered by land seizures and bankruptcies, recent research into the lives of
Shays Rebellion's participants suggests that Shaysites came from diverse
socio-economic backgrounds (from the wealthiest to the poorest families in the
nation), professions, and locales - and also that their grievances extended
beyond the specifics of Massachusetts' economic situation to issues ranging
from rule by a faraway elite, cronyism and corruption at influential levels of
government, and regressive tax policy. Page
151
Society
of Cincinnati: The Society of the
Cincinnati is the nation's oldest patriotic organization, founded in 1783 by
officers of the Continental Army and their French counterparts who served
together in the American Revolution. Its mission is to promote knowledge and
appreciation of the achievement of American independence and to foster
fellowship among its members. The society, which was merely a social club for
veterans, was forced to disband for its policy of passing on its membership
rights to eldest sons. In this way, critics charged, the Cincinnati was
creating artificial distinctions and perpetuating hereditary warrior. Page 151
Annapolis
Meeting 1786: The Annapolis Convention,
formally titled as a Meeting of Commissioners to Remedy Defects of the Federal
Government was a national political convention held September 11–14, 1786, at
Annapolis, Maryland, in which twelve delegates from five states–New Jersey, New
York, Pennsylvania, Delaware, and Virginia–gathered to discuss and develop a
consensus about reversing the protectionist trade barriers that each state had
erected. At the time, under the Articles of Confederation, each state was
largely independent from the others and the national government had no
authority to regulate trade between and among the states. Additionally, New
Hampshire, Massachusetts, Rhode Island, and North Carolina had appointed
commissioners who failed to arrive in Annapolis in time to attend the meeting,
while Connecticut, Maryland, South Carolina and Georgia had taken no action at
all. The final report of the convention was sent to the Congress and to the
states. The report asked support for a broader constitutional convention to be
held the following May in Philadelphia. It expressed the hope that more states
would be represented and that their delegates or deputies would be authorized
to examine areas broader than simply commercial trade. It is unclear how much
weight the Convention's call carried, but the urgency of the reform was
highlighted by a number of rebellions that took place all over the country.
While most of them were easily suppressed, Shay's rebellion lasted from August
1786 till February 1787. The rebellion called attention to both popular
discontent, and government's weakness. The direct result of the Annapolis
Convention report and the ensuing events was the Philadelphia Convention of
1787, during which the United States Constitution was drafted. Page 151
James
Madison: James Madison, Jr. was an
American statesman, political theorist and the fourth President of the United
States (1809–1817). He is hailed as the "Father of the Constitution"
for being instrumental in the drafting of the United States Constitution and as
the key champion and author of the United States Bill of Rights. He served as a
politician much of his adult life. After the constitution had been drafted,
Madison became one of the leaders in the movement to ratify it. His
collaboration with Alexander Hamilton and John Jay produced the Federalist
Papers (1788). Circulated only in New York at the time, they would later be
considered among the most important treatises in support of the Constitution.
He was also a delegate to the Virginia
constitutional ratifying convention, and was instrumental to the successful
ratification effort in Virginia. Like most of his contemporaries, Madison
changed his political views during his life. During the drafting and
ratification of the constitution, he favored a strong national government,
though later he grew to favor stronger state governments, before settling
between the two extremes late in his life. In 1789, Madison became a leader in
the new House of Representatives, drafting many basic laws. He is notable for
drafting the first ten amendments to the Constitution, and thus is known as the
"Father of the Bill of Rights". Madison worked closely with President
George Washington to organize the new federal government. Breaking with
Hamilton and what became the Federalist Party in 1791, Madison and Thomas
Jefferson organized what they called the Republican Party (later called by
historians the Democratic-Republican Party). As Jefferson's Secretary of State
(1801–1809), Madison supervised the Louisiana Purchase, which doubled the
nation's size. After his election to the presidency, he presided over renewed
prosperity for several years. As president (1809–17), after the failure of
diplomatic protests and a trade embargo against Great Britain, he led the
nation into the War of 1812. He was responding to British encroachments on
American honor and rights; in addition, he wanted to end the influence of the
British among their Indian allies, whose resistance blocked United States
settlement in the Midwest around the Great Lakes. Madison found the war to be
an administrative nightmare, as the United States had neither a strong army nor
financial system; as a result, he afterward supported a stronger national
government and a strong military, as well as the national bank, which he had
long opposed. Like other Virginia statesmen in the slave society, he was a
slaveholder who inherited his plantation known as Montpelier, and owned
hundreds of slaves during his lifetime to cultivate tobacco and other crops.
Madison supported the Three-Fifths Compromise that allowed three-fifths of the
enumerated population of slaves to be counted for representation. Page 152
Gouverneur
Morris: Gouverneur Morris was an
American statesman, a Founding Father of the United States, and a native of New
York City who represented Pennsylvania in the Constitutional Convention of
1787. He was a signatory to the Articles of Confederation. Morris was also an author
of large sections of the Constitution of the United States and one of its
signers. He is widely credited as the author of the document's preamble, and
has been called the "Penman of the Constitution." In an era when most
Americans thought of themselves as citizens of their respective states, Morris
advanced the idea of being a citizen of a single union of states. His first
name came from his mother, whose maiden name was Sarah Gouverneur from a
Huguenot family that had first moved to Holland then to New Amsterdam. A gifted
scholar, Morris enrolled in 1764, at age 12, at King's College, now Columbia
College of Columbia University in New York City. He graduated in 1768 and
received a Master's degree in 1771. Page
152
Philadelphia
1787: The Constitutional Convention (also known as the
Philadelphia Convention, the Federal Convention, or the Grand Convention at
Philadelphia) took place from May 25 to September 17, 1787, in Philadelphia,
Pennsylvania, to address problems in governing the United States of America,
which had been operating under the Articles of Confederation following
independence from Great Britain. Although the Convention was intended to revise
the Articles of Confederation, the intention from the outset of many of its
proponents, chief among them James Madison and Alexander Hamilton, was to
create a new government rather than fix the existing one. The delegates elected
George Washington to preside over the Convention. The result of the Convention
was the creation of the United States Constitution, placing the Convention
among the most significant events in the history of the United States. The most
contentious disputes revolved around the composition and election of the
Senate, how "proportional representation" was to be defined (whether
to include slaves or other property), whether to divide the executive power
between three persons or invest the power into a single president, how to elect
the president, how long his term was to be and whether he could stand for
reelection, what offenses should be impeachable, the nature of a fugitive slave
clause, whether to allow the abolition of the slave trade, and whether judges
should be chosen by the legislature or executive. Most of the time during the
Convention was spent on deciding these issues, while the powers of legislature,
executive, and judiciary were not heavily disputed. Once the Convention began,
the delegates first agreed on the principles of the Convention, then they
agreed on Madison's Virginia Plan and began to modify it. A Committee of Detail
assembled during the July 4 recess and produced a rough draft. Most of this
rough draft remained in place, and can be found in the final version of the
constitution. After the final issues were resolved, the Committee on Style
produced the final version, and it was voted on and sent to the states. Page 152
Bicameral
legislature/unicameral legislature: A central feature of any
constitution is the organization of the legislature. It may be a unicameral
body with one chamber or a bicameral body with two chambers. Unicameral
legislatures are typical in small countries with unitary systems of government
(e.g., Denmark, Sweden, Finland, Israel, and New Zealand) or in very small
countries (e.g., Andorra, Dominica, Luxembourg, Liechtenstein, Malta, and Tuvalu).
Federal states, whether large or small, usually have bicameral legislatures,
one house usually representing the main territorial subdivisions. The classic
example is the Congress of the United States, which consists of a House of
Representatives, with 435 members elected for two-year terms from single-member
districts of approximately equal population, and a Senate, consisting of 2
persons from each state elected by the voters of that state. The fact that all
states are represented equally in the Senate regardless of their size reflects
the federal character of the American union. The U.S. Senate enjoys special
powers not shared by the House of Representatives: it must ratify by a
two-thirds majority vote the international treaties concluded by the president
and must confirm the president’s appointments to the cabinet and to other
important executive offices. Page 152
Great
Compromise: The Connecticut
Compromise (also known as the Great Compromise of 1787 or Sherman's Compromise)
was an agreement that large and small states reached during the Constitutional
Convention of 1787 that in part defined the legislative structure and
representation that each state would have under the United States Constitution.
It retained the bicameral legislature as proposed by Roger Sherman, along with
proportional representation in the lower house, but required the upper house to
be weighted equally between the states. Each state would have two
representatives in the upper house.
Page 152
Virginia
Plan: On May 29, 1787, Edmund Randolph of the Virginia
delegation proposed the creation of a bicameral legislature. Under his
proposal, membership in both houses would be allocated to each state
proportional to its population; however, candidates for the lower house would
be nominated and elected by the people of each state. This allowed fairness and
equality to the people. Whereas candidates for the upper house, would be
nominated by the state legislatures of each state; and then elected by the
members of the lower house. This proposal was known as the Virginia Plan. Page 152
New
Jersey Plan: Less populous states like
Delaware were afraid that such an arrangement would result in their voices and
interests being drowned out by the larger states. Many delegates also felt that
the Convention did not have the authority to completely scrap the Articles of
Confederation, as the Virginia Plan would have. In response, on June 15, 1787,
William Paterson of the New Jersey delegation proposed a legislature consisting
of a single house. Each state was to have equal representation in this body,
regardless of population. The New Jersey Plan, as it was called, would have
left the Articles of Confederation in place, but would have amended them to
somewhat increase Congress's powers.
Page 152
Three-fifths
Compromise: The Three-Fifths
Compromise was a compromise reached between delegates from southern states and
those from northern states during the 1787 United States Constitutional
Convention. The debate was over if, and if so, how, slaves would be counted
when determining a state's total population for constitutional purposes. The
issue was important, as this population number would then be used to determine
the number of seats that the state would have in the United States House of
Representatives for the next ten years, and to determine what percentage of the
nation's direct tax burden the state would have to bear. The compromise was
proposed by delegates James Wilson and Roger Sherman. The Convention had
unanimously accepted the principle that representation in the House of
Representatives would be in proportion to the relative state populations.
However, since slaves could not vote, non-slaves in slave states would thus
have the benefit of increased representation in the House and the Electoral College.
Delegates opposed to slavery proposed that only free inhabitants of each state
be counted for apportionment purposes, while delegates supportive of slavery,
on the other hand, opposed the proposal, wanting slaves to count in their
actual numbers. A compromise which was finally agreed upon—of counting
"all other persons" as only three-fifths of their actual
numbers—reduced the representation of the slave states relative to the original
proposals, but improved it over the Northern position. An inducement for slave
states to accept the Compromise was its tie to taxation in the same ratio, so
that the burden of taxation on the slave states was also reduced.
The Three-Fifths Compromise is found in Article 1,
Section 2, Paragraph 3 of the United States Constitution which reads: Representatives and direct Taxes shall be
apportioned among the several States which may be included within this Union,
according to their respective Numbers, which shall be determined by adding to
the whole Number of free Persons, including those bound to Service for a Term
of Years, and excluding Indians not taxed, three fifths of all other Persons. Page 153
Separation
of powers: principle that each
branch of government—the legislature (Congress), the executive (the President),
and the judiciary (the Supreme Court)—should wield distinct powers independent
from interference or infringement by other branches of government. During the
debates of the Constitutional Convention in 1797, James Madison successfully
argued that this separation of powers was essential to a balanced republican
government. Page 153
Ratifying
conventions: Article Seven describes
the process for establishing the proposed new frame of government. Anticipating
that the influence of many state politicians would be Antifederalist, delegates
to the Philadelphia Convention provided for ratification of the Constitution by
popularly elected ratifying conventions in each state. The convention method
also made it possible that judges, ministers and others ineligible to serve in
state legislatures, could be elected to a convention. Suspecting that Rhode
Island, at least, might not ratify, delegates decided that the Constitution
would go into effect as soon as nine states (two-thirds rounded up) ratified.
Once ratified by this minimum number of states, it was anticipated that the
proposed Constitution would become this Constitution between the nine or more
that signed. It would not cover the four or fewer states that might not have
signed. Page 153
Amendments: The
Constitution and the acts passed by Congress were declared the supreme law of
the land, taking precedence over any legislation passed by the states. And
changing the Constitution would not be easy. Amendments could be proposed only
by a two-thirds vote of both houses of Congress or in a convention requested by
two-thirds of the state legislatures. Ratification of amendments required
approval by three-quarters of the states. In total there have been thirty-three
amendments to the United States Constitution which have been adopted by the
United States Congress and sent to the states for ratification since the
Constitution was put into operation on March 4, 1789. Twenty-seven of these,
having been ratified by the requisite number of states, are part of the
Constitution. The first ten amendments were adopted and ratified simultaneously
and are known collectively as the Bill of Rights. Six amendments adopted by
Congress and sent to the states have not been ratified by the required number
of states. Four of these amendments are still technically open and pending, one
is closed and has failed by its own terms, and one is closed and has failed by
the terms of the resolution proposing it. Approximately 11,539 proposals to
amend the Constitution have been introduced in Congress since 1789.
Collectively, members of the House and Senate typically propose around 200
amendments during each two–year term of Congress. Most however, never get out
of the Congressional committees in which they were proposed, and only a
fraction of those that do receive enough support to win Congressional approval
to actually go through the constitutional ratification process. The framers of
the Constitution, recognizing the difference between regular legislation and
constitutional matters, intended that it be difficult to change the
Constitution; but not so difficult as to render it an inflexible instrument of
government.
The amending process they
devised, codified in Article Five of the United States Constitution, has two
steps. Proposals to amend the Constitution must be properly Adopted and
Ratified before becoming operative.
A proposed amendment may be adopted and sent
to the states for ratification by either:
The United States
Congress, whenever a two-thirds majority in both the Senate and the House of
Representatives deem it necessary; OR A national convention, called by Congress for
this purpose, on the application of the legislatures of two-thirds (presently
34) of the states.
To become part of the Constitution, an
adopted amendment must be ratified by either (as determined by Congress):
The legislatures of three-fourths
(presently 38) of the states, within the stipulated time period—if any; OR State ratifying conventions in three-fourths
(presently 38) of the states, within the stipulated time period—if any. Upon being properly ratified, an amendment
becomes an operative addition to the Constitution. Page 153
Supreme
Law of the Land: The Constitution and the
acts passed by Congress were declared the “Supreme Law of the Land”. Page 153
Electoral
College: The United States
Electoral College is the institution that officially elects the President and
Vice President of the United States every four years. The President and Vice
President are not elected directly by the voters. Instead, they are elected by
"electors" who are chosen by popular vote on a state-by-state basis.
Electors are apportioned to each state and the District of Columbia, but not to
territorial possessions of the United States, such as Puerto Rico and Guam.
*The number of electors in each state is equal to the number of members of
Congress to which the state is entitled. while the Twenty-third Amendment
grants the District of Columbia the same number of electors as the least
populous state, currently three. In total, there are 538 electors,
corresponding to the 435 members of the House of Representatives, 100 senators,
and the three additional electors from the District of Columbia. The
Constitutional Convention of 1787 considered several methods of electing the
President, including selection by Congress, by the governors of the states, by
the state legislatures, by a special group of Members of Congress chosen by
lot, and by direct popular election. Late in the convention, the matter was
referred to the Committee of Eleven on Postponed Matters, which devised the Electoral
College system in its original form. This plan, which met with widespread
approval by the delegates, was incorporated into the final document with only
minor changes. It sought to reconcile differing state and federal interests,
provide a degree of popular participation in the election, give the less
populous states some additional leverage in the process by providing
“senatorial” electors, preserve the presidency as independent of Congress, and
generally insulate the election process from political manipulation. The
Constitution gave each state a number of electors equal to the combined total
of its membership in the Senate (two to each state, the “senatorial” electors)
and its delegation in the House of Representatives (currently ranging from one
to 52 Members). The electors are chosen by the states “in such Manner as the
Legislature thereof may direct “(U.S. Constitution, Article II, section 1). Qualifications
for the office are broad: the only persons prohibited from serving as electors
are Senators, Representatives, and persons “holding an Office of Trust or
Profit under the United States.” In order to forestall partisan intrigue and
manipulation, the electors assemble in their respective states and cast their
ballots as state units, rather than meet at a central location. At least one of
the candidates for whom the electors vote must be an inhabitant of another
state. A majority of electoral votes is necessary to elect, a requirement
intended to insure broad acceptance of a winning candidate, while election by
the House was provided as a default method in the event of Electoral College
deadlock. Finally, Congress was empowered to set nationwide dates for choice
and meeting of electors. All the foregoing structural elements of the Electoral
College system remain in effect currently. The original method of electing the
President and Vice President, however, proved unworkable, and was replaced by
the 12th Amendment, ratified in 1804. Under the original system, each elector
cast two votes for President (for different candidates), and no vote for Vice
President. The votes were counted; the candidate receiving the most, provided
it was a majority of the number of electors, was elected President, and the
runner-up became Vice President. The 12th Amendment replaced this system with
separate ballots for President and Vice President, with electors casting a
single vote for each office. Page 153
Federalism: governing principle established by the constitution in which the
national government and the state government divide power. Page 154
Checks
and balances: mechanism by which each
branch of government—executive, legislative, and judicial—keeps the others
within the bounds of their constitutional authority; James Madison emphasized
this feature of the federal constitution to assure the Anti-Federalists. Page 154
Anti-federalists:
Anti-Federalism refers to a movement that opposed
the creation of a stronger U.S. federal government and which later opposed the
ratification of the Constitution of 1788. The previous constitution, called the
Articles of Confederation, gave state governments more authority. Led by
Patrick Henry of Virginia, Anti-Federalists worried, among other things; that
the position of president, then a novelty, might evolve into a monarchy. A book
titled "The Anti-Federalist Papers" is a detailed explanation of
American Anti-Federalist thought. During the American Revolution and its
immediate aftermath, the term federal was applied to any person who supported
the colonial union and the government formed under the Articles of
Confederation.
After the war, the group who felt that the national
government under the Articles was too weak appropriated the name Federalist for
themselves. Historian Jackson Turner Main wrote that, "to them, the man of
'federal principles' approved of 'federal measures,' which meant those that
increased the weight and authority or extended the influence of the
Confederation Congress." As the Federalists moved to amend the Articles,
eventually leading to the Constitutional Convention, they applied the term
anti-federalist to their opposition. The term implied, correctly or not, both
opposition to Congress and unpatriotic motives. The Anti-Federalists rejected
the term, arguing that they were the true Federalists. In both their
correspondence and their local groups they tried to capture the term. For
example, an unknown anti-federalist signed his public correspondence as "A
Federal Farmer" and the New York committee opposing the Constitution was
called the "Federal Republican Committee." However the Federalists
carried the day and the name Anti-Federalist forever stuck. Page 154
Federalists
Papers: The Federalist (later
known as The Federalist Papers) is a collection of 85 articles and essays
written by Alexander Hamilton, James Madison, and John Jay promoting the
ratification of the United States Constitution. Seventy-seven were published
serially in The Independent Journal and The New York Packet between October of
1787 and August 1788. A compilation of these and eight others, called The
Federalist; or, The New Constitution, was published in two volumes in 1788 by
J. and A. McLean. The series' correct
title is The Federalist; the title The Federalist Papers did not emerge until
the twentieth century. Page 154
Shawnee,
Chippewa Indians: The Shawnee or Shawnee
nation are an Algonquian-speaking people native to North America. In colonial
times they were a semi-migratory Native American nation, at times inhabiting
areas spanning present-day Ohio, Virginia, West Virginia, Western Maryland,
Alabama, South Carolina, Kentucky, Illinois, Indiana, and Pennsylvania in the
United States. They were removed to Indian Territory west of the Mississippi
River in the 1830s. Today the three federally recognized Shawnee tribes:
Absentee-Shawnee Tribe of Indians of Oklahoma, Eastern Shawnee Tribe of
Oklahoma, and Shawnee Tribe, are all headquartered in Oklahoma. The United
Remnant Band of the Shawnee Nation is a state-recognized tribe based in Ohio,
where it has bought some land. The Ojibwe (also Ojibwa), or Chippewa are one of
the largest groups of Native Americans and First Nations on the North American
continent. There are Ojibwe communities in both Canada and the United States.
In Canada, they are the second-largest population among First Nations,
surpassed only by the Cree. In the United States, they have the fourth-largest
population among Native American tribes, surpassed only by the Navajo, Cherokee
and Lakota. Because many Ojibwe were formerly located around the outlet of Lake
Superior, which the French colonists called Sault Ste. Marie for its rapids,
the early Canadian settlers referred to the Ojibwe as Saulteurs. Ojibwe who
subsequently moved to the prairie provinces of Canada have retained the name
Saulteaux. This is disputed, as some scholars believe only the name migrated
west. Ojibwe who were originally located along the Mississauga River and made
their way to southern Ontario are known as the Mississaugas. The Ojibwe Peoples
are a major component group of the Anishinaabe-speaking peoples, a branch of
the Algonquian language family. The Anishinaabe peoples include the Algonquin,
Nipissing, Oji-Cree, Odawa and the Potawatomi. The majority of the Ojibwe
peoples live in Canada. There are 77,940 mainline Ojibwe; 76,760 Saulteaux and
8,770 Mississaugas, organized in 125 bands, and living from western Quebec to
eastern British Columbia. Ojibwe in the U.S. number over 56,440; living in an
area stretching across the northern tier from New York west to Montana. They
are historically known for their crafting of birch bark canoes, sacred birch
bark scrolls, use of cowrie shells for trading, cultivation of wild rice, and use
of copper arrow points. In 1745 they adopted guns from the British to defeat
the Dakota in the Lake Superior area, pushing them to the south and west. The
Ojibwe Nation was the first to set the agenda with European-Canadian leaders by
signing detailed treaties before they allowed many European settlers into their
western areas. Their Midewiwin Society is well respected as the keeper of
detailed and complex scrolls of events, oral history, songs, maps, memories,
stories, geometry, and mathematics.
Sample Quiz
1. The chapter introduction
discusses the dilemma of citizens identifying with state and nation after the
Revolution to make the point that:
A) No one
immediately after the Revolution had a sense of identity or loyalty toward the
nation, so it was predictable that the new United States would be politically
decentralized.
B) Because of the
Revolution, most felt a sense of identity and loyalty with the united cause,
but political jealousies prevented a strong governmental structure until the
crises of the 1780s forced the politicians to act.
C) Americans created
one kind of united government with the Declaration of Independence; needing a
better union, they overwhelmingly supported the new Constitution.
D) Americans had to experiment
to find a way to create a united republic that confronted the realities of
separate identities and inequalities.
2. Which one of the following
changes did NOT occur in American law and polities in the aftermath of the
Revolution?
A) Anti-slavery
arguments emerged, leading to outright abolition in some states and in the
territory north of the Ohio.
B) Most states
lowered property-ownership requirements for voting.
C) Americans
insisted upon written constitutions.
D) In most states, women were
given the right to vote.
3. The new state constitutions
were most concerned with:
A) Reducing
legislative power.
B) Reducing executive power.
C) Enlarging
judicial power.
D) all of the
above.
4. What is the best description
of the United States of America under the Articles of Confederation?
A) An integrated
republic with a decentralized structure of national government
B) 13 independent state
republics loosely joined together under a virtually powerless representative
body
C) A political
system functioning like a corporate conglomerate with 13 wholly owned
subsidiary companies
D) 13 independent
nations affiliated in a defensive alliance, like today's NATO
5. The young United States
confronted strong challenges from foreign powers at its borders, including all
EXCEPT:
A) The Spanish to
the south.
B) The French to the west.
C) The British to
the north.
D) Restrictions on
trade with the West Indies.
6. The new state legislatures
included more men:
A) Of moderate economic means.
B) From the
wealthiest classes.
C) From the
coastal regions.
D) Of greater
education.
7. The Northwest Ordinance:
A) Allowed for the
unlimited spread of slavery in the territories.
B) provided the first mechanism
for allowing new states to enter the union.
C) Was taken
directly from Jefferson's plan for dividing the territory.
D) Allowed for the
purchase of land primarily by small farmers.
8. In the years after the
Revolution, which of the following was NOT true?
A) The number of blacks in
slavery declined.
B) Communities of
free blacks grew in numbers and health.
C) Most northern
states abolished slavery by law either immediately or gradually.
D) On balance, the
Revolution brought few changes to the status of most African Americans.
9. After the Revolution, women
in America gained:
A) Greater
property rights.
B) The right to
make wills and contracts.
C) The right to vote.
D) In literacy.
10. the most significant reform
of the republican campaign against artificial privilege was:
A) The disbanding
of the Society of Cincinnati.
B) The elimination
of hereditary offices.
C) The dismantling of
state-supported churches.
D) The widespread
support for the temperance movement.
11. What was the most important
result of the uprising of western Massachusetts debtor farmers led by Daniel
Shays?
A) It vindicated
republican doctrine that the people could take the law into their own hands.
B) It proved that
the revolutionary spirit was still alive.
C) It gave crucial momentum to
the growing movement to strengthen the national government.
D) It prompted the
Massachusetts legislature to ratify the Constitution.
12. the most significant
division during the Constitutional Convention occurred between:
A) Eastern and
western delegates.
B) Slave and Free
states.
C) Virginia and
New Jersey.
D) Smaller and larger states.
13. The Federalist Papers
presented strong and convincing arguments in favor of:
A) Adopting the Constitution of
1787.
B) Keeping the
Articles of Confederation.
C) Creating a
unitary form of government.
D) Becoming a
federated unit within the British Empire.
14. In the debates over
ratification, a major fear of the Anti-Federalists was that:
A) The most powerful groups in
society would dominate, and eventually rule in a corrupt and arbitrary fashion.
B) The common
people would have too much control over the government.
C) Elected officials
would be too narrowly and directly concerned with the interests of their own
constituents, rather than the nation as a whole.
D) Poorer groups
were favored over the more substantial citizens in society.
15. Ratification of the
Constitution completed the second declaration of independence, but it required
Americans to give up some of their long-cherished republican beliefs, like the
view that:
A) Civic virtue rather than
self-interest would sustain popular liberty.
B) The United
States should stay out of the affairs of Europe.
C) The national
government needed to act as an impartial umpire in disputes between the various
interests in the state.
D) A large republic
was better suited to American conditions than a confederation of small
republics.
16. The Constitution represented
the triumph of compromise, and Americans who accepted the Constitution had to
change many of their basic beliefs about government. These included all the
following EXCEPT:
A) the assumption
that republics were best suited to small geographic areas.
B) the preoccupation
with severely limiting executive power.
C) the instinct to
give ultimate loyalty and sovereignty to one’s own state.
D) the ability of free citizens
to govern themselves through disinterested representatives.
17. When peace was restored in
the 1780s, Americans were forced to face some unanswered questions raised by
their revolution. These included all the following EXCEPT:
A) Could the
individual states establish treaties and agreements with foreign countries,
excluding the other states?
B) Would the lands
in the West eventually become part of the United States, and how would this
take place?
C) Would factions
and self-interest groups pull the states apart and make union impossible?
D) What forces and
issues united the very different types of people who populated the new states?
E) All the above are included.
F) None of the above
are included.
18. The constitutions written by
the states provided several important precedents for the later federal system
created by the Constitution of 1787; one of the most important was the
principle of:
A) a weak executive.
B) county divisions
within a state structure.
C) direct popular
rule.
D) creating a written document
as supreme law.
19. Following the revolution,
while most states did not alter the basic structure of their governments, they
did alter the balance of power among the different branches of government. They
did all the following EXCEPT:
A) severely
restricted the power of the governor or abolished the office completely.
B) significantly
strengthened the powers of the state legislatures.
C) insisted on
written state constitutions.
D) abolished the state
legislative assemblies.
20. The first state
constitutions tried to make the government accountable to the people through:
A) annual elections and
representation by district.
B) elections by
secret ballot and representation of each social group.
C) restricting
executive power and requiring a popular referendum for tax bills.
D) itemizing rights
and prescribing virtual representation.
21. America’s first governing
document was called:
A) the Articles of
Confederation.
B) the Constitution.
C) the Bill of
Rights.
D) the Jefferson
Doctrine.
22. The Articles of
Confederation provided for a government by:
A) national legislature.
B) national executive.
C) judicial
authority.
D) all of the above.
23. Weaknesses of Congress under
the Articles of Confederation included all EXCEPT:
A) it could not levy
taxes or regulate trade.
B) it could not declare war or
regulate Indian affairs.
C) it could not
enforce its own resolutions.
D) its structure
meant that national leadership was marked by weakness and discontinuity.
24. The two most pressing
problems for the new nation, which neither the states nor the Confederation
Congress could solve, were:
A) divisions between the states
and border disputes with Britain and Spain.
B) slavery and the
Indian question.
C) republicanism and
federalism.
D) political
ineffectiveness and the need to industrialize.
25. Immediately after the Revolution, the United
States began to have difficulties with Spain. The disputes related to the
boundaries of Florida and:
A) ownership of
Cuba.
B) the boundaries of
Texas.
C) navigation rights on the
Mississippi.
D) illegal trade
with Spanish colonies.
26. One of the chief controversies
that delayed initial ratification of the Articles of Confederation turned out
to be the one area of substantial achievement by the Confederation Congress.
This related to:
A) Indian policy.
B) slavery.
C) western lands.
D) location of the
national capital.
27. The Northwest Ordinance,
which established a basis for territorial government for lands between the Ohio
River and the Great Lakes, included all of the following provisions EXCEPT:
A) freedom of
religion.
B) protection of civil and
political rights for Indians.
C) encouragement of
education.
D) eventual creation
of three to five new states.
28. Which of the following is
NOT a true statement concerning African Americans following the Revolution?
A) The number of blacks in
slavery declined.
B) Communities of
free blacks grew in numbers and health.
C) Most northern
states abolished slavery by law either immediately or gradually.
D) On balance, the
Revolution brought few changes to the status of most African Americans.
29. Which of the following is
the most accurate statement describing the nature and extent of changes in
American society brought about by the revolution?
A) The Revolution did not cause
a massive restructuring of American society, but political institutions rooted
in a commitment to equality and liberty made change in the future easier.
B) The Revolution
did not cause a massive restructuring of American society, and the new
political institutions, with their half-hearted commitment to equality and
liberty, were not strong enough to produce much future change either.
C) The Revolution
produced a substantial restructuring of American society, but the original
commitment to equality and liberty was soon reversed.
D) The Revolution
produced no substantial changes in American society, either immediately after
the Revolution or in the future.
30. In American society after
the Revolution, people believed more and more in _______________ , while in
reality many parts of society were becoming _____________ .
A) religion; secular
B) capitalism;
neo-feudal
C) equality; unequal
D) reforming
society; complacent about the Republic’s future
31. One result of the harsh
treatment of loyalists during and following the Revolution was:
A) Most of the urban
merchant class was lost.
B) Revolutionary governments
demonstrated their commitment to justice even toward those who disagreed.
C) The British army
shrank in numbers.
D) New opportunities were
created for enterprising “patriots” to move up the ladder of wealth and
influence.
32. The Society of Cincinnati, a
veterans’ club for former Continental Army officers, attracted criticism
because:
A) it advocated the
education of women in the West.
B) it was perceived as
aristocratic.
C) it advocated
abolishing slavery.
D) it constituted a
federal standing army in the Ohio Valley.
33. Which of the following
leaders shaped the framing of the federal Constitution more than anyone else?
A) George Washington
B) James Madison
C) Thomas Jefferson
D) Alexander
Hamilton
34. The delegates to the
Constitutional Convention, though from 12 different states, had two important
things in common. These were:
A) they were men
with a great deal of political experience who all favored weakening the central
government.
B) they were all
relatively inexperienced politically and they favored establishing a
constitutional monarchy.
C) they were all
former loyalists who also favored establishing strong ties with Great Britain.
D) they were all men of
considerable political experience who recognized the need for a stronger
national union.
35. The Constitutional
Convention deadlocked until it could find a compromise solution to the issue
of:
A) whether to keep
or discard the Articles.
B) whether there was
truly a need for a stronger national government.
C) representation in Congress.
D) powers of the
executive.
36. How did James Madison
imagine that a federal republic with a strong central government might work,
especially one that governed such a vast land area as the United States?
A) He simply
believed that a strong central government would lead to tyranny and was
therefore against it.
B) He believed that
a strong central government would have to be opposed by a well-organized
opposition party.
C) He believed that various
interests and factions would cancel each other out in a large republic, and
that virtuous national leaders would govern on behalf of all the people.
D) He believed that
he would be forced to run for President in order to save the union.
37. In the debates over
ratification, the Federalists argued that the Constitution:
A) would solve the
immigration problems of the nation.
B) was merely a
temporary means to regain stability.
C) would protect the nation from
itself by providing a system of checks and balances.
D) safeguarded
individual freedoms through its built-in Bill of Rights.
Practice
Test
1.
Which event, more than any other, convinced George Washington that the Articles
of Confederation needed to be revised?
A. the Spanish threat to take New Orleans
B. the British refusal to evacuate the forts of the
Northwest
C. Shays's Rebellion
D. the Whiskey Rebellion
E. the Battle of Fallen Timbers
2. The
Constitution's most distinctive feature was its:
A. separation of
"powers" with "checks and balances."
B. system for the direct election of the executive.
C. lack of a national judicial system.
D. single house legislature.
E. lack of amendment provisions.
3. The
prominent eighteenth-century essayist Judith Sargent Murray placed her greatest
emphasis on the right of women to:
A. vote.
B. own property.
C. divorce.
D. an education.
E. serve in combat.
4. The
greatest complaint by opponents of the proposed Constitution of 1787 was the:
A. absence of a
specific listing of personal liberties.
B. omission of references to God.
C. creation of a federal military.
D. naming of the new federal district after Washington.
E. failure to abolish slavery.
5.
Delegates to the Constitutional Convention of 1787 recommended the document be
ratified by:
A. a direct vote of the people.
B. special state
ratifying conventions.
C. another national convention.
D. state legislatures.
E. the Confederation Congress.
6. Under
the Articles of Confederation:
A. each state had one
vote in Congress.
B. all states had to approve any important measure.
C. there could be no amendments to the Articles.
D. no legislation could be passed without all states voting
on the issue.
E. the executive had the power to veto legislative
decisions.
7. James
Madison's Virginia Plan proposed:
A. revision and strengthening of the Articles of
Confederation.
B. larger influence
within a new national government for the richer and more populous states.
C. a unicameral national legislature with equal
representation for the states.
D. a bicameral national legislature with state
representatives in both houses chosen by popular vote.
E. the direct election of the president.
8. In
the Constitutional Convention of 1787, for the purpose of political
representation, slaves were classified as:
A. three-fifths of a
free person.
B. non-taxable.
C. property.
D. equivalent to children.
E. citizens.
9. The
most significant division in the Constitutional Convention was between:
A. slave and free states.
B. large and small
states.
C. eastern and western interests.
D. agricultural and manufacturing interests.
E. the Federalists and the Republicans.
10. By
1786, even defenders of the Articles of Confederation accepted the fact that
which of the following needed to be strengthened?
A. the power to tax
B. the executive
C. the court system
D. the army
E. the navy
11. New state constitutions drafted during the
Revolutionary War sought to expand the power of the executive.
A. True
B. False
12. The
"Great Compromise" was important because it solved the problem of
representation.
A. True
B. False
13. Abiding
by the rules set up under the Articles of Confederation, the Constitution could
not go into effect until it was ratified by all the states in the Union.
A. True
B. False
14.
The Northwest Ordinance guaranteed freedom of religion and banned slavery.
A. True
B. False
15. The
Constitution did not resolve the question of which law—state or national—would
be the supreme law of the land.
A. True
B. False
16. The
core of Anti-Federalist opposition to the Constitution of 1787 was its lack of
a(n) ________.
bill of rights
17. The
government plan adopted by the Continental Congress in 1777 was called the
________.
Articles of
Confederation
18. Alexander
Hamilton, James Madison, and John Jay were the authors of ________.
The Federalist
Papers
19. In
a Vindication of the Rights of Women, Mary Wollstonecraft charged that men
deliberately conspire to keep women in "a state of perpetual
________" by giving them inferior educations.
childhood
20. The
rejected Jay-Gardoqui Treaty and ________ were the two crisis events that gave
momentum to calls for strengthening the central government.
Shays's Rebellion
21. In
the new republic, the new image of women as the upholders of private virtue was
known as "________" and inspired many educational reformers in the
revolutionary generation.
republican
motherhood
22. State
legislators gradually abolished state support for ________, as a reform against
artificial privilege.
churches
23. Due
to the expansion of rice culture and the spread of cotton production to the
interior, slavery continued to grow in the Lower ________.
South
24. Because
the framers thought it would be unreasonable for a citizen to know anything
about a presidential candidate that lived in a different section of the
country, the ________ was created to elect the federal executive.
Electoral College
25. After
independence was declared, all the revolutionaries agreed both that the people
should rule and that ________ governments were best suited to small
territories.
republican
26. On
September 25, 1789, Congress approved twelve amendments, ________ of which came
to comprise what we know as the Bill of Rights.
Ten
27. The
________ branch of government gained most of the power in the governments created
by the initial state constitutions.
legislative
28. ________
led a failed rebellion of western farmers during the mid-1780s.
Daniel Shays
29. For
Americans after the revolution, the greatest problems and greatest
opportunities beckoned in the rapidly developing ________.
West
30. ________ is the term that refers to an
arrangement of government that divides power between the state and national
governments.
Federalism
31. The
first framing of government for the whole nation was known as the Articles of
________.
Confederation
32. At the Philadelphia convention, the small
state plan was called the ________.
New Jersey Plan
33. More than anyone else, future president
________ was the architect of the Constitution.
James Madison
Chapter
Test
1. How
was slavery an obvious contradiction to the principles of the American
republic?
A. Slavery showed how poorly treated black women were.
B. Americans claimed
to be fighting for freedom, but still enslaved others.
C. Slavery funded much of the Revolution, so it was part of
the new republic.
D. Slavery was a British institution and had no place in an
independent America.
E. People who fought in the war and enslaved others were too
violent for a republic.
2. The
most important issue not yet addressed when the Constitutional Convention
adjourned was:
A. the question of counting slaves for representation.
B. whether to have an executive or not.
C. the absence of a
national bill of rights.
D. the question of the power of the national government to
tax.
E. how the president would be elected
3. James
Madison's Virginia Plan proposed:
A. revision and strengthening of the Articles of
Confederation.
B. representatives to
both houses apportioned according to the population, instead of each state
having a single vote.
C. a unicameral national legislature with equal
representation for the states.
D. a bicameral national legislature with state
representatives in both houses chosen by popular vote.
E. the direct election of the president.
4. The
Articles of Confederation were adopted when states gave up their:
A. power to regulate trade.
B. power to make war.
C. claims to western
lands.
D. right to levy their own taxes.
E. plans for emancipation.
5. Ratification
of the new Constitution:
A. required only nine
states, and special ratifying conventions for approval
B. was done by state legislatures
C. could not occurr until Rhode Island voted for
ratification
D. All of the above
6. The
proposed new Constitution of 1787 called for the election of a president by
________.
A. a direct vote of the people
B. the state legislatures
C. an electoral
college
D. the federal congress
E. the Senate
7. The
three-fifths rule concerned the issue of ________.
A. whether to count
slaves as part of the population
B. the number of branches in the national government
C. checks and balances
D. presidential power
E. the number of votes required in the House to pass
legislation
8. The
"Antifederalists" arguments included all of the following EXCEPT:
A. cautioned that extending a republic over a large
territory would separate national legislators
from the interests and close oversight of their constituents
B. feared that the new government would widely abuse its
powers.
C. feared expansion of the power of the central government
at the expense of the states
D. feared that the
government too much favored common people over the "well-born."
E. warned expanding the powers of the central government
would lead to corrupt and arbitrary rule by new aristocrats
9. Shays's
Rebellion involved ________.
A. discontented New England merchants
B. western settlers demanding Indian territory
C. supporters of freer trade with Great Britain
D. discontented
farmers in Massachusetts
E. Continental Army officers who had been denied their
pensions
10. The
Articles of Confederation could not be amended until all thirteen state
legislatures approved.
A. True
B. False
A. a two-house national
legislature, giving the federal government too much power.
B. maintaining the national government as a unicameral Congress with each state
receivng one vote in Congress
C. increased Congress's power to tax.
D. increased Congress's power to regulate trade
E. appealed to the smaller states since it preserved each
state's power in Congress by giving them all an equal vote
12. The
Northwest Ordinance laid out the requirements for western territories to become
states.
A. True
B. False
13. The
essays known collectively as The Federalist Papers called for the ratification
of the Constitution.
A. True
B. False
14. The
compromise that resolved the dispute between the large and the small states
included each of the following EXCEPT ________.
A. the states would be equally represented in the upper
house
B. the slave trade
would end immediately
C. the states would be proportionally represented according
to population in the lower house
D. a slave would count as three-fifths of a free person in
the calculation of population for purposes of representation
E. in the lower house, at the beginning, there would be one
representative for every 30,000 inhabitants
15. The
new constitution provided Congress with all of the following EXCEPT:
A. power to tax
B. power to regulate commerce
C. veto power over
state legislation
D. made it independent and separate from the Executive and
Judiciary