Study Notes on Women Rights, Loyalists, and Early American Government

Rights of Women and Slavery in Early America

Historical Context

  • Property Status of Women
    • Legally, women were considered property akin to slaves.
    • Women transitioned from being their fathers' property to being their husbands' property post-marriage.

Abigail Adams and Women's Rights

  • Abigail Adams' Letter
    • Abigail Adams wrote a letter asking to "remember the ladies." However, she was not advocating for voting rights or holding office.
    • The letter called for the end of restrictive customs and laws regarding women.

Legal Restrictions on Married Women

  • Common Law Limitations

    • Married women could not:
    • Own property
    • Enter into contracts
    • Initiate lawsuits

  • Example: A woman beaten by her husband in 1779 had no legal recourse, needing a male relative to initiate any legal action.

    • Control over a woman's earnings belonged to her husband, as wives were regarded as property.

  • Impact of Widowhood and Singleness

    • Unmarried and widowed women in some states could own property but were discouraged socially and referred to derogatorily as "spinsters" or "old maids."

Women's Contributions During War

  • Women played a significant role on the home front during the war and sought greater rights in return, like:
    • Property ownership
    • The ability to divorce
    • The ability to enter contracts

Judith Sargent Murray's Arguments

  • On the Equality of the Sexes
    • Published in 1779, Murray argued:
    • Men and women have equal memory capacity.
    • Women possibly have superior imagination.
    • Inferiority in judgment and reasoning is due to a lack of training.
    • Increased calls for women's education emerged in New England during the 1790s.

Benjamin Rush and Female Education

  • Background on Benjamin Rush
    • A founding father and early abolitionist who did not own slaves.
    • His advocacy for female education was tailored to appeal to men, positioning women’s education as essential for the nation's growth.
    • Suggested that women should not only learn ornamental skills but important household and bookkeeping skills.
    • Women needed education to raise educated sons - a crucial patriotic argument.

Loyalists and Family Divisions

  • Impact on Loyalists
    • Approximately 100,000 loyalists left, heading to Canada or Britain.
    • Divisions among families, as seen in Benjamin Franklin's conflict with his loyalist son.

Property Seizure and State Responses

  • Some loyalist properties were seized despite treaties promising against this.
  • Reasons for Limited Property Seizures
    • Concerns about establishing a new nation’s creditworthiness; taking property could harm financial prospects.
    • Fear of violating Lockean principles of life and property guaranteed in many state constitutions.

Economic Changes Post-War

  • Urban areas saw shifts in economic power as Patriot merchants replaced loyalist elites, leading to:
    • New Republican entrepreneurs promoting domestic trade and manufacturing.
  • Notable changes in urban economies, leaving rural societies largely unchanged.

Articles of Confederation Overview

  • The first government after independence.
    • Adopted in 1781, effective until 1787, comprising a loose confederation where states retained sovereignty.
  • Structure of the Government
    • Unicameral legislature (one house) with no executive or judiciary.
    • Voting Power: Each state had one vote regardless of size or wealth.
    • Laws required nine out of thirteen states for ratification; amendments required all thirteen states.

Limitations of Articles of Confederation

  • Could:
    • Declare war
    • Issue treaties
    • Print and borrow money
  • Could NOT:
    • Tax (relying on state funds instead).
    • This inability led to economic difficulties, nearly bankrupting the central government.
  • By 1780s, calls for a national taxing system grew stronger, led by figures like Robert Morris.

Financial Struggles and Social Turmoil

  • Wealthy merchants and landowners were demanding high taxes for full bond redemption, straining poor farmers.
  • Social Response
    • In states with less relief, civil unrest emerged, such as Shays' Rebellion in Massachusetts, where veterans rioted against high taxes and lack of relief.

Westward Expansion, Land Claims, and Slavery

  • Territorial Claims
    • Conflicts arose over states claiming land, needing agreements to level playing fields.
    • Land sales were also tied to raising revenues.
  • Slavery Clauses
    • The Northwest Ordinance prohibited slavery in new states formed from the Northwest Territory, contrasting with conditions in the Southwest region where slavery was allowed.
    • Thomas Jefferson’s ordinances influenced land divisions and territorial governance.

Summary of Land Ordinances

  • **Key Ordinances:
    • Ordinance of 1784**: Dividing regions into territories to become states.
    • Land Ordinance of 1785: Established a grid system for land sales.
    • Northwest Ordinance of 1787: Prohibited slavery in the Northwest, earmarked sales for education funding.

Conclusion

  • Issues of money and governance linked closely to the struggles of the Articles, leading eventually to calls for a more robust federal structure through the Constitution which will follow in the upcoming lectures.