The Confederation and the Constitution, 1776-1790

The Pursuit of Equality

• Equality became a prominent theme, leading to:
  • Reduced property requirements for voting in most states.
  • Commoners insisting on being addressed with formal titles like "Mr." and "Mrs.".
  • The replacement of "master" with "boss" in employer-employee relations.
  • Ridicule of the Society of the Cincinnati's aristocratic pretensions.
• The separation of church and state saw progress:
  • The Congregational Church remained legally established in some areas.
  • The Anglican Church was transformed into the Protestant Episcopal Church.
  • Virginia was the site of the most intense struggle for religious freedom, culminating in the Virginia Statute for Religious Freedom in 1786, championed by Thomas Jefferson and Baptists.
• Egalitarian ideals influenced attitudes toward slavery:
  • The Philadelphia Quakers established the first antislavery society in 1775.
  • The Continental Congress in 1774 called for the end of the slave trade, prompting positive responses from most states.
  • Several Northern states initiated the abolition of slavery or gradual emancipation.
  • A few Virginian planters freed their slaves.
  • However, no state south of Pennsylvania abolished slavery.
  • Laws in both the North and South discriminated against both free blacks and slaves.
• Reasons for the slow progress in abolishing slavery:
  • The Founding Fathers prioritized political expediency over their ideals.
  • They feared that conflict over slavery would dissolve national unity.
  • James Madison stated in 1787 that the dismemberment of the Union would be worse than the evil of slavery.
  • The slavery issue eventually did lead to the Union's temporary disintegration.
• The doctrine of equality was not fully extended to women.
  • Some women served in the military.
  • New Jersey's 1776 constitution briefly allowed women to vote.
  • Most women continued in traditional roles.
• Republican ideology emphasized civic virtue, the commitment of citizens to the public good.
  • Mothers were considered crucial in instilling virtue in the young.
  • "Republican motherhood" elevated women's role as the moral educators of the nation.
  • Educational opportunities for women grew, enabling them to cultivate republican virtues.
  • Republican women were responsible for ensuring the nation's survival.

Constitution Making in the States

• In 1776, the Constitutional Congress urged colonies to draft new constitutions, effectively transforming themselves into new states.
  • The authority of these new states was derived from the people.
  • Connecticut and Rhode Island adapted their existing charters.
  • Other colonies created entirely new constitutions.
• Massachusetts set a precedent by:
  • Holding a special convention to draft its constitution.
  • submitting the draft for popular ratification.
  • Requiring another convention for future amendments.
  • Resulting in the world's longest-lived constitution.
• Common features of the state constitutions:
  • Written documents representing fundamental law that superseded ordinary legislation.
  • Bills of rights protecting individual liberties.
  • Annual legislative elections.
  • Weak executive and judicial branches.
• Legislatures held significant power in the new governments.
  • Reflecting a democratic shift with increased representation from poorer western districts.
  • State capitals were often relocated westward due to the influence of western representatives.

Economic Crosscurrents

• Economic transformations:
  • States took possession of former crown lands.
  • Land became more affordable and accessible.
  • Economic democracy predated political democracy in America.
  • Manufacturing received a boost.
• Economic independence had downsides:
  • British commerce was largely reserved for loyal parts of the empire.
  • American ships were excluded from British and British West Indies ports.
  • Fisheries suffered disruptions.
  • New trade routes only partially compensated for these losses.
• Americans gained the ability to trade freely with other nations.
• The war led to:
  • Extravagance
  • Speculation
  • Profiteering
• State governments faced challenges in repaying war debts.
• Runaway inflation harmed many citizens.
• The average citizen's financial situation worsened after the war.
• The economic and social climate was unhealthy because:
  • A class of newly rich profiteers emerged.
  • Previously wealthy individuals became impoverished.
  • Resistance to taxes and disrespect for the law grew due to pre-Revolutionary War sentiment.

A Shaky Start Toward Union

• The Revolution gave Americans the responsibility of creating a new government.
  • They faced questions about "natural rights".
  • The land was full of disruptive forces
  • The departure of Tories encouraged political innovation.
  • The 13 states shared similarities, a rich political heritage, and capable leaders.

Creating a Confederation

• The Second Continental Congress:
  • Acted more as a conference of ambassadors with limited constitutional authority.
  • It took cautious actions.
  • It asserted some control over military and foreign affairs.
• The 13 states retained sovereignty:
  • They coined money.
  • Raised armies and navies.
  • Enacted tariffs.
• The Articles of Confederation:
  • Were adopted by Congress in 1777 but not ratified until 1781.
  • The main dispute was over western lands.
  • Six states lacked land claims beyond the Allegheny Mountains.
  • Seven states, including New York and Virginia, had extensive acreage.
  • Land-rich states could use western lands to pay off debts and pensions.
• Unanimous approval from all 13 states was needed for the Articles:
  • Maryland initially refused to ratify until New York ceded its western land claims on March 1, 1781.
  • Congress pledged to use these lands for the common benefit and create new "republican" states.
  • The Northwest Ordinance of 1787 fulfilled this pledge.

The Articles of Confederation: America’s First Constitution

• The Articles of Confederation:
  • Were also known as the "Articles of Confusion" due to creating a loose confederation or "firm league of friendship."
  • Thirteen independent states were united to address shared issues such as foreign affairs.
  • A weak Congress served as the primary governing body.
  • There was no executive branch.
  • The judicial branch was almost entirely left to the states.
• Congress was dominant but significantly limited:
  • Each state had one vote.
  • Important bills needed the support of nine states.
  • Amending the Articles required unanimous ratification.
  • Congress was intentionally designed to be weak.
• Two key weaknesses of the Articles:
  • Congress lacked the power to regulate commerce.
  • Congress could not enforce tax collection.
  • The government could only advise and appeal to the states, lacking the power to coerce or directly act upon citizens.
• The new Congress was less effective than the Continental Congress.
  • The Articles served as a crucial stepping stone toward a new constitution, despite its weaknesses.
  • The states would need to cede some sovereignty to a new government but still control local affairs.
• The Articles:
  • Were the first written constitution of the Republic.
  • Maintained the ideal of union and kept the states together.
  • Represented significant progress from the boycott Association of 1774 toward the United States Constitution.

Landmarks in Land Laws

• Passage of public domain legislation:
  • The Old Northwest encompassed the area northwest of the Ohio River, east of the Mississippi River, and south of the Great Lakes.
  • The Land Ordinance of 1785:
    • Provided for the sale of Old Northwest land to pay off the national debt.
    • Divided the land into surveyed townships and sections.
    • Reserved sixteen sections for education.
• The Northwest Ordinance of 1787:
  • Addressed the governance of the Old Northwest, establishing a process for how a nation should manage its colonies.
  • It established temporary federal oversight before granting permanent equality.
  • It outlined two initial territorial stages under federal government control.
  • When a territory reached 60,000 inhabitants, it could be admitted as a state by Congress.
  • The Ordinance prohibited slavery in the territory.

The World’s Ugly Duckling

• Foreign relations with Britain:
  • Remained problematic.
  • Britain refused to send a minister to America.
  • It declined to create a commercial treaty or repeal the Navigation Laws.
  • It shut off the profitable West Indies trade to American states.
  • It sought to annex Vermont with the help of the Allen brothers.
  • British redcoats maintained trading posts and continued fur trading with Native Americans.
• Spain's hostility toward the new Republic:
  • Controlled the Mississippi River, crucial for American pioneers.
  • Closed the river to American commerce in 1784, threatening the economic viability of the West.
  • Claimed a large area north of the Gulf of Mexico.
  • Conspired with Native Americans to restrict American expansion east of the Appalachians.
  • Both Spain and Britain influenced Native Americans, hindering American control over its territory.
• France, previously an ally, distanced itself after Britain was defeated.
• North African pirates attacked American ships in the Mediterranean.
  • Britain protected its own subjects but not independent Americans.

The Horrid Specter of Anarchy

• Economic issues in the mid-1780s:
  • Money requisitions failed.
  • Public debt accumulated interest.
  • States acted independently, levying duties and printing depreciated currency.
• Shays’ Rebellion in western Massachusetts:
  • Farmers were losing farms due to mortgage foreclosures and tax delinquency.
  • Led by Captain Daniel Shays, they demanded:
    • The state issue paper money.
    • Reduce taxes.
    • Suspend property takeovers.
  • Protesters tried to enforce their demands leading to skirmishes where 3 Shaysites were killed and 1 wounded—the movement collapsed.
• Consequences of Shays’ Rebellion:
  • The Massachusetts legislature passed debtor-relief laws.
  • It caused fear among the propertied class.
  • Civic virtue became insufficient to control self-interest and greed.
• Severity of conditions under the Confederation:
  • Conservatives, protecting their wealth, exaggerated the nation’s problems.
  • They aimed to amend the Articles to create a stronger central government.
  • Some feared a powerful federal government might force them to pay their creditors.
  • Both supporters and critics of the Confederation agreed it needed strengthening.

A Convention of “Demigods”

• Annapolis Convention of 1786:
  • Only 5 of 9 appointed states attended.
  • Alexander Hamilton called for a convention in Philadelphia in 1787.
    • To address commerce and strengthen the Articles.
  • Congress called for a convention to revise the Articles.
  • All states except Rhode Island sent representatives.
• The Philadelphia Convention:
  • Opened on May 25, 1787, with 55 delegates from 12 states.
  • Sessions were held in secrecy with armed guards.
  • The delegates were highly qualified leaders (called "demigods" by Jefferson).
    • Most were lawyers experienced in state constitution-making.
    • George Washington was elected chairman.
    • Benjamin Franklin provided wisdom.
• Key figures:
  • James Madison, "the Father of the Constitution."
  • Alexander Hamilton, who advocated a strong central government.
  • Notable absentees included:
    • Jefferson, J. Adams, and Thomas Paine (in Europe).
    • Samuel Adams and John Hancock (not elected).
    • Patrick Henry (declined, sensing a move to consolidate power).
  • The goal was to create a stable political system.

Patriots in Philadelphia

• The 55 delegates at the Philadelphia Convention:
  • Were mainly conservative, wealthy lawyers, merchants, shippers, land speculators, and moneylenders.
  • Debtor interests were unrepresented.
  • They were young (average age 42) but experienced politicians.
  • They were nationalists seeking to preserve the young Republic.
  • They aimed to channel Revolutionary ideals into a lasting political structure.
• Delegates desired a strong, respected government, believing in republicanism but seeking to protect the American experiment.
  • They wanted the central government to control tariffs for foreign commercial treaties.
  • They sought to ensure security of life and property against uprisings by what they termed the "mobocracy."
• They aimed to curb unrestrained democracy in several states.
• Necessity and fear drove them to create the Constitution from a reluctant nation.

Hammering Out a Bundle of Compromises

• Some delegates decided to scrap the Articles of Confederation completely.
  • Despite being explicitly instructed by Congress to revise them.
  • They were determined to overthrow the existing government peacefully.
• Competing proposals:
  • Virginia Plan (large-state plan):
    • Representation in a bicameral Congress based on population.
    • Favored larger states.
  • New Jersey Plan (small-state plan):
    • Equal representation in a unicameral Congress, regardless of size.
    • Aimed to prevent larger states from dominating.
• The Great Compromise:
  • Representation by population in the House of Representatives (benefiting larger states).
  • Equal representation in the Senate (appeasing smaller states).
  • Origination of tax bills in the House (where population was more heavily represented).
  • This resolved the deadlock.
• The final Constitution:
  • Was concise due to relying on Anglo-American common law tradition.
  • Provided flexible guidelines rather than detailed laws.
  • The original Constitution had just 7 articles and was about 10 pages long.
• The President:
  • Had broad appointment powers.
  • Held veto power over legislation.
  • Congress retained the power to declare war.
  • The Constitution was a series of compromises.
    • The president was indirectly elected by the Electoral College.
• Compromises on slavery:
  • Slaves counted as three-fifths of a person for representation (the Three-Fifths Compromise).
    • $\text{1 slave} = \frac{3}{5} \text{ of a person}$
  • The slave trade could continue until the end of 1807.

Safeguards for Conservatism

• Delegates shared significant agreement:
  • Economically, they favored sound money and protection of private property.
  • Politically, they favored a strong government with three branches and checks and balances.
• Safeguards:
  • Federal judges were appointed for life.
  • The President was indirectly elected by the Electoral College.
  • Senators were chosen indirectly by state legislatures.
  • The House of Representatives was directly elected by qualified (propertied) citizens.
• Democratic elements:
  • The legitimate government is based on the consent of the governed.
  • Government powers are limited by a written constitution.
  • The virtue of the people ensures liberty, justice, and order.
• After 17 weeks, on September 17, 1787, only 42 of the original 55 delegates signed the Constitution.

The Clash of Federalists and Antifederalists

• The Founding Fathers expected difficulty in achieving nationwide acceptance of the Constitution.
  • Unanimous ratification by all 13 states was required under the Articles.
  • Since Rhode Island was certain to veto, the delegates stipulated that approval by 9 states through elected conventions would make the Constitution supreme law in those states.
• The American people were presented with a new document.
  • Antifederalists opposed the stronger federal government.
  • Federalists supported a strong federal government.
• Antifederalists included Samuel Adams, Patrick Henry, Richard Henry Lee (states' rights advocates), backcountry dwellers, farmers, paper-money advocates, and debtors.
• Federalists included George Washington, Benjamin Franklin, seaboard residents, the wealthy, educated, and well-organized.
• Antifederalists criticized the Constitution, calling it a "gilded trap."

The Great Debate in the States

• Special elections were held for ratifying convention members.
• Federalists and Antifederalists were elected based on their stance on the Constitution.
• Four small states quickly ratified the Constitution.
• Massachusetts was the second to ratify, after Pennsylvania.
• Massachusetts conditioned its ratification on the demand for a bill of rights.
• Massachusetts ratified by a vote of 187 to 168.
• Three more states followed suit.
• New Hampshire was the last to ratify.
• All except Virginia, New York, North Carolina, and Rhode Island had ratified the new Constitution by June 21, 1788.

The Four Laggard States

• Virginia:
  • Saw strong Antifederalist opposition.
  • Patrick Henry and others regarded the Constitution as a threat to liberty.
  • George Washington, James Madison, and John Marshall, federalists provided influential support.
  • The state ratified, narrowly, 89 to 79.
• New Hampshire:
  • Ratified after heated debate, 57 to 47.
• New York:
  • Alexander Hamilton supported the Constitution.
  • Hamilton, along with John Jay and James Madison, wrote The Federalist Papers defending the Constitution.
  • Federalist No. 10 by Madison refuted the notion that a republican government was impossible over a large territory.
  • New York ratified by a close vote of 30 to 27.
• North Carolina:
  • The convention adjourned without voting.
• Rhode Island:
  • Rejected the Constitution by popular referendum without summoning a ratifying convention.
• These individualistic states initially resisted the Constitution.
• Riots occurred in New York and Pennsylvania.
• Pressure was exerted on delegates who had pledged to vote against the Constitution.
• The last four states ratified out of necessity, recognizing they could not survive outside the Union.

A Conservative Triumph

• A minority triumphed twice:
  • A militant radical minority initiated the Revolutionary War.
  • A militant conservative minority peacefully overturned the Articles of Confederation.
• Only approximately 25% of adult white males voted for delegates to the ratifying conventions.
• Conservatism prevailed.
• Republican government was preserved through a redefinition of popular sovereignty.
• Checks and balances were established among the branches of government, reconciling liberty and order.