Chapter 6
At the conclusion of the Revolutionary War, there was nothing united about the United States.
Colonial boundaries in America preceded national ones, creating political rivalries at the nation’s outset.
A series of ideas and themes, some antagonistic, helped define the early American character.
Localism v. nationalism – most Americans cared little about the land beyond their region.
Liberty v. order – contrary demands of freedom and authority offered the corresponding threats of anarchy and tyranny.
The criteria for nationhood were largely lacking.
A nation is usually unified by a common language, early America was a polyglot nation.
The land was huge and the population dispersed.
In 1790, over 80% of people were involved in agriculture, and the largest city, Philadelphia, had only 42,000 inhabitants.
Religious diversity was widespread.
The freedom of religion enshrined in the Constitution reflected the social reality of Anglicans, Baptists, Methodists, Quakers, and others living side by side.
The states did not have any common traditions, the 4th of July wasn’t celebrated until the 1830s.
Social and Political Reform
Among the major reforms of American society were:
changes in the laws of inheritance (primogeniture)
more liberal voting qualifications
better representation for frontier settlers (including moving of many state capitals)
separation of church and state.
African Americans in the New Republic
During the Revolution, African Americans demanded the natural right to be free. The Northern states responded by gradually abolishing slavery. Abolition also became a subject of serious debate in the South but unfortunately, economic motives overcame republican ideals.
The Scandal of Women’s Rights
Women also demanded the natural right of equality and contributed to the creation of a new society by raising children in households where the republican values of freedom and equality were daily practiced (Republican Motherhood).
Women became more assertive in divorcing undesirable mates and in opening their own businesses. Nevertheless, they were still denied their political and legal rights.
Americans wanted written constitutions that would clearly:
define the rights of the people
define the limits of government power.
Each state constitution, in different ways, did each of the following:
guaranteed freedom of religion, speech and the press
weakened the power of governors
gave elected assemblies the most power
Massachusetts developed a procedure for constitution making that almost all the other states eventually adopted.
A constitution had to be written by a convention specially elected for that purpose and ratified by a referendum of the people.
The Articles of Confederation were established so that each state would retain its sovereignty.
The Articles established a loose confederation of states, one that allowed each state to retain its “sovereignty, freedom, and independence.”
The Confederation government could
declare war or peace
negotiate treaties
print money
adjudicate boundary disputes
The Confederation government could not
tax or collect duties
regulate foreign or interstate commerce
establish a national court system
establish an executive to enforce laws
force states to abide by all acts it passed
Each state had one vote, a 9/13 majority was needed to pass laws, and unanimity was required to make an amendment.
Northwest Ordinance: The Confederation’s Major Achievement
The main delay in ratification of the Articles was the problem regarding ownership of the western lands. Some states, such as Maryland, had no claim to land beyond their boundaries and argued that the western lands should be given to Congress for the benefit of all Americans. Maryland delayed ratification of the Articles until 1781 when Virginia agreed to renounce claims to the West. Other states followed Virginia’s example, and Congress wound up owning all the land west of the Appalachian Mountains.
The Articles dealt effectively with the western lands, traditionally an area of little law and order. Congress provided local government and the promise of eventual statehood.
In order to capitalize quickly on its treasure in land, Congress sold over six million acres to large land companies. These companies, however, experienced difficulty in attracting immigrants or in controlling the people inhabiting the West (squatters).
By 1787, Congress realized the need for closer supervision and issued the Northwest Ordinance, providing a new government for the area north of the Ohio River.
The Ordinance created a number of territories; each headed by a governor appointed by Congress.
As the population of a territory increased, it was to acquire the right to more self-rule and eventual statehood (eventually – Ohio, Indiana, Illinois, Michigan and Wisconsin).
The Ordinance regulated only those lands north of the Ohio River. Congress took almost no interest in the lands south of the Ohio, resulting in tremendous legal confusion about who owned what.
Problems under the Articles of Confederation
Financial Problems – the new government inherited an empty treasury and serious economic problems:
huge debt
worthless currency
runaway inflation
Without the power to tax, Congress could do little to solve these problems.
Newburgh Conspiracy – as Congress sank further in public esteem and even failed to pay the soldiers’ wages, a group of extreme nationalists plotted to use the army to establish a strong regime. When Washington learned of the plan, he met with the conspirators and gave an impassioned speech that immediately put an end to it.
Diplomatic Humiliation – Congress presented such a weak face to the world that other nations were able to insult the United States without fear.
England kept troops on American soil even after the peace treaty.
Spain suddenly closed New Orleans to American commerce in 1784. Congress sent John Jay to Madrid to negotiate a treaty that would reopen the Mississippi River
system to Americans. Instead, Jay signed an agreement that ignored the problem of these western areas in exchange for commercial advantages benefiting the Northeast (Jay-Gardoqui Treaty). The people of the West and South denounced the treaty and forced Congress to reject it.
Shay’s Rebellion – In 1786, western Massachusetts farmers were upset with their situation:
continually in debt
paying high interest rates
high taxes
They also felt that the government of Massachusetts was insensitive to their problems.
Daniel Shays led an armed revolt of thousands; closing courthouses were foreclosures were held.
Threatened to seize the federal arsenal but were stopped by wealthy Bostonians who hired an army to put down the revolt.
Although the incident was minor, the nationalists feared it was the beginning of America’s slide into anarchy.
The crisis atmosphere persuaded many Americans to support a strong central government.
Our Constitution is currently the longest written constitution in use today. It is a remarkable document that has proven flexible enough to survive for over 200 years. Its core principles are checks and balances, limited government, popular sovereignty, separation of powers, and federalism.
55 men (representing all the states except Rhode Island) gathered in Philadelphia from May 14th through September 17th, 1787, to participate in the Constitutional Convention. Not all of them signed the document.
The delegates (including people like Washington, Franklin, Hamilton, and Madison) were men of wide and practical experience. (John Adams and Thomas Jefferson were not present, they were diplomats in Britain and France at the time).
Immediately, they made some important procedural decisions:
“that nothing spoken in the House be printed, or communicated without leave.” According to James Madison, this secrecy rule saved “both the convention and the community from a thousand erroneous and perhaps mischievous reports."
Delegates decided to vote by state (each state receiving one vote), but they ruled that key proposals needed the support of only a majority instead of the nine states required under the Articles of Confederation.
James Madison is justifiably known as the “Father of the Constitution”. He quickly introduced the Virginia Plan. It proposed to:
create a sovereign, central government that could veto all acts of the state governments.
central government would have a legislature of two houses made up of state representatives. The larger the state, the more representatives it would have in these houses.
chief executive would be appointed by Congress.
The small states objected to parts of the Virginia Plan for fear they would lose their separate identities. They pushed instead for the New Jersey Plan, which would have given Congress (unicameral) greater taxing powers but would have left the Articles of Confederation basically untouched.
The Great or Connecticut Compromise
Compromise settled the debate. The Virginia Plan was amended by creating the House of Representatives (which would be based on population) and by creating the Senate (where states would be equally represented).
Another important change dealt with the chief executive. In order to make him (or her) independent of Congress, the President shall be elected by a special Electoral College. Also, the Preamble’s opening line would be “We the People…”
The Three-Fifths Compromise
The word “slave” does not appear in the Constitution itself.
Southerners wanted to count slaves as people so that their population numbers would be higher, hence more representation in the House of Representatives.
Northerners did not want to count slaves at all.
Compromise – slaves would count as 3/5 of a person for the purpose of representation.
Commerce and Slave Trade Compromise
The delegates agreed that Congress should have the power to regulate trade and commerce.
Southerners, however, were fearful that Northeasterners and Congress would use export duties to generate revenue. (Tobacco (a Southern crop) was the chief American export of the time.)
So, Congress was forbidden the power to tax exports. (Tariffs (taxes on imports) were/are still allowed.)
Congress was also forbidden the power to act on the slave trade until 1808, but slaveholders were granted the right to reclaim runaway slaves.
Instead of submitting the proposed Constitution to the State legislatures, the convention gave the power of ratification to special conventions to be elected in each state. As soon as nine such conventions approved the Constitution, it would go into effect.
The nationalists who wrote the Constitution now had the problem of having it adopted in the state conventions.
Those in favor of the new Constitution cleverly called themselves the “Federalists”. Federalist was a word typically associated with local or state control. Nonetheless, they enjoyed the support of most of the news media of the time and were well organized.
Those opposed to the new Constitution were termed “Anti-Federalists”. They distrusted any government removed from the direct control of the people and suspected that the new Constitution had been written by the rich and powerful for their own benefit. They also pointed out that the Constitution did not have a specific Bill of Rights.
To help promote the new Constitution, John Jay, Alexander Hamilton, and James Madison wrote The Federalist Papers. These essays, which appeared in newspapers at the time, are regarded as important works of American political science.
In Federalist 51, Madison commented on human nature: “If men were angels, no government would be necessary.” Since men won’t always do what is best for the community, he reasoned, the government must be prepared to check them.
Madison addressed the problem of factions (political groups) in Federalist 10: “Liberty is to faction what air is to fire.” We must, he urged, find a way to control faction. His argument was that the geographic expanse of the United States would preserve the virtue of the people – faction would be diluted by the very size of the country.
Delaware became the first state to ratify the Constitution and by June 1788, only North Carolina and Rhode Island had not done so. It should be noted that in many states, the votes for ratification were very close.
Even though the Anti-Federalists had lost the ratification battle, they did receive a major concession. The Nationalists had promised to include a Bill of Rights to the Constitution. By 1791, the first ten amendments had been added.
The basic cause for the development of political parties was the ambiguity of republican ideology. The Hamiltonians, or Federalists, stressed the need to create a national economy to preserve the independence of the United States. The Jeffersonians, or Democratic-Republicans, preferred to keep government small, local and responsive. Federalists and Democratic-Republicans agreed upon ends but differed about means.
George Washington was unanimously elected president in 1789 and gave the new government all the weight of his great reputation. It was assumed that everyone would work together for the common good and that the average voter would trust his “betters” to manage political affairs.
The development of political parties began with the policies endorsed by Alexander Hamilton, the Secretary of the Treasury, and opposed by Thomas Jefferson, the Secretary of State.
Hamilton wanted a strong central government, much like the English.
Jefferson believed that a new age of liberty was beginning that would make government less necessary.
Hamilton hoped to make the US a strong commercial and industrial power, while Jefferson hoped the US would remain a nation of small, independent farmers.
Hamilton worried that democracy would lead to anarchy; Jefferson trusted the common people.
The greatest problem inherited by the new government was the federal debt ($54 million for central government and an additional $25 million for the states). As Secretary of the Treasury, Hamilton had to make provision for repayment. He put together a financial program that contained two proposals, “funding” and “assumption”. He also asked Congress for a national bank and government aid to manufacturing.
Funding and Assumption
Hamilton’s Report on the Public Credit (1790) recommended that Congress redeem its debts at face value even though most of the people holding the certificates of debt had bought them at discount. This is Funding.
James Madison broke with Hamilton on this issue. Madison tried unsuccessfully to have Congress pay less to the present holders of the certificates in order to pay something to the individuals who had been forced by poverty to sell the certificates to speculators.
‘Assumption’ meant that the federal government would become liable for the states’ debts. Some states, such as Virginia, had already paid off their debts and would gain nothing from assumption.
Some speculators opposed assumption because they used depreciated state debt certificates for their own profit. Madison organized the anti-Hamilton forces and defeated assumption in the House of Representatives. Hamilton salvaged the program
by giving Virginia some money and by agreeing to relocate the new US capital on the Potomac River.
The Controversial Bank of the United States
Hamilton also proposed that Congress charter a national bank. The bank, though privately owned, would work closely with the government.
Madison believed that the bank would benefit only the rich.
Jefferson did not think that the Constitution gave Congress power to charter a private business.
When Congress did charter the bank, Washington asked his cabinet to advise him on the constitutional question. Hamilton’s response was to interpret the Constitution broadly, as giving Congress implied powers. Washington accepted this argument but public opinion began to turn against Hamilton.
Setback for Hamilton
Hamilton next asked Congress to enact a program favorable to manufacturing, but opposition had now grown organized.
Madison raised the prospect of having the central government become more powerful than the individual state governments.
Jefferson warned that the rise of cities would destroy agriculture and the civic virtue that farming instilled.
Hamilton’s recommendations were defeated.
Foreign affairs engendered a different set of problems. The US had to respond to the wars set off in Europe by the French Revolution, but Hamilton and Jefferson disagreed on the proper course of action.
The Peril of Neutrality
Americans wanted to remain neutral when France and England went to war in 1793.
The French sent to America diplomat Edmond Genet, who ‘insulted’ the Washington administration.
The English created more serious problems.
England still occupied American soil in the Northwest.
They also violated maritime rights (impressment).
Jefferson wanted to punish England by cutting off trade, but Hamilton felt that the US must appease England because she was so strong.
Jay’s Treaty and the Hint of Civil War
England’s provocations called for strong action.
Washington sent John Jay to England to demand removal of the English from American soil, payment for ships illegally seized, better commercial relations, and acceptance of the US as a neutral nation.
Jay, however, had no chance to secure a favorable treaty because Hamilton had secretly informed the English government that the US would compromise. Jay agreed to a treaty that gave the US virtually nothing.
Washington disliked the proposed treaty but sent it to the Senate where it was ratified by the smallest possible margin.
When newspapers learned the contents of the treaty, they viciously attacked it and even criticized Washington. In attacking Washington, the opposition had gone too far. The nation rallied behind its greatest man, and the Federalists used the opportunity to portray the Democratic-Republicans as traitors. The rift between the parties deepened.
Securing the West
Ironically, the unpopular Jay’s Treaty brought advantages to the US in the West. English posts in the Northwest Territory had supplied and encouraged Indian raids on American settlements. The US Army failed to defeat the Indians until the battle of Fallen Timbers (1794), which led to the Treaty of Greenville and Indian removal from what is now Ohio. While the Indians were in this desperate condition, the English deserted them and pulled back into Canada.
In the Southwest, news of Jay’s Treaty was interpreted by the Spanish as an Anglo-American alliance against Spain. To prevent this, the Spanish suddenly offered to open the Mississippi, to settle the disputed border between Spanish Florida and the US, and to cease supplying the Indians. These offers resulted in the Treaty of San Lorenzo (Pinckney’s Treaty).
Partisan Newspapers and Political Clubs
Newspapers were the most influential medium of political controversy. Newspapers, usually shrill in tone and totally partisan, sprung up everywhere.
Political clubs also became popular, especially “Democratic” clubs that supported the Republican party.
Whiskey Rebellion Linked to Democratic-Republican Conspiracy
In 1794, a local tax protest in western Pennsylvania was interpreted by the Federalists as a major insurrection instigated by the Democratic-Republicans.
Jefferson, on the other hand, believed that the crisis had been invented by the Federalists as a pretext to create a strong army to intimidate Republicans.
Washington’s Farewell
In 1796, Washington announced his decision to retire from public life, warning Americans in his “Farewell Address” to avoid forging permanent foreign alliances and to avoid forming political parties.
During the Adams administration, the Federalist party controlled the government and tried to suppress the Republican party. The Federalists failed because they could not remain united.
The XYZ Affair and Domestic Politics
Because of Jay’s Treaty, France began to treat the US as an unfriendly nation. French vessels even fired on American ships in the Atlantic (Quasi War).
When ambassadors were sent to France, the French government demanded a bribe before negotiations could even begin (XYZ Affair). Americans were outraged, and the Federalists attempted to use anti-French sentiment to crush the Democratic-Republicans.
Crushing Political Dissent
The extreme or ‘high’ Federalists began to build up the army, even though there was no prospect of a French invasion.
The Federalists intended to use the army to stifle international opposition.
Hamilton took day-to-day command of the army and filled it with officers loyal to him.
All Hamilton needed was a declaration of war against France, but Adams refused to ask for one.
Silencing Political Opposition: The Alien and Sedition Acts
Congress could not declare war but it did pass a series of acts designed to persecute the Democratic-Republicans.
The Alien Enemies Act and the Alien Act gave the president power to expel any foreigner.
The Naturalization Act required immigrants to reside in the US for fourteen years before becoming eligible for citizenship.
The Sedition Act made it a crime to criticize the government. Federal courts became politicized and often enforced this law in absurd ways.
Democratic-Republicans were convinced that free government was on the brink of extinction.
The Democratic-Republicans Appeal to the States
Jefferson and Madison responded to the Alien and Sedition Acts with the Virginia and Kentucky resolutions.
The Kentucky resolutions, written by Jefferson and passed by the state of Kentucky, claimed that each state had the power to decide whether acts of Congress were constitutional and if not, to nullify them.
Madison’s Virginia Resolutions urged the states to protect their citizens but did not assert a state’s right to nullify federal law.
Jefferson and Madison were less interested at this time in formulating accurate constitutional theory than they were in clarifying the differences between Democratic- Republicans and Federalists.
Adams’ Finest Hour
In 1799, Adams openly broke with Hamilton.
The president sent another delegation to negotiate with France, and this delegation worked out an amicable settlement. The war hysteria against France vanished, and the American
people began to regard Hamilton’s army as a useless expense.
In avoiding war with France, Adams saved the nation from the schemes of the High Federalists. In return, they made sure he lost the election of 1800.
The Federalists lost the election of 1800 because they were internally divided and generally unpopular.
The Democratic-Republicans won easily and the new President, Thomas Jefferson, tried to unite the nation by stressing in his inaugural address the republican values shared by members of each party.
The election of 1800 is one of the most important in our history because the transfer of power from Federalists to Republicans was achieved peacefully but the nation had come dangerously close to suffering the chaos of an ideological civil war.
s
At the conclusion of the Revolutionary War, there was nothing united about the United States.
Colonial boundaries in America preceded national ones, creating political rivalries at the nation’s outset.
A series of ideas and themes, some antagonistic, helped define the early American character.
Localism v. nationalism – most Americans cared little about the land beyond their region.
Liberty v. order – contrary demands of freedom and authority offered the corresponding threats of anarchy and tyranny.
The criteria for nationhood were largely lacking.
A nation is usually unified by a common language, early America was a polyglot nation.
The land was huge and the population dispersed.
In 1790, over 80% of people were involved in agriculture, and the largest city, Philadelphia, had only 42,000 inhabitants.
Religious diversity was widespread.
The freedom of religion enshrined in the Constitution reflected the social reality of Anglicans, Baptists, Methodists, Quakers, and others living side by side.
The states did not have any common traditions, the 4th of July wasn’t celebrated until the 1830s.
Social and Political Reform
Among the major reforms of American society were:
changes in the laws of inheritance (primogeniture)
more liberal voting qualifications
better representation for frontier settlers (including moving of many state capitals)
separation of church and state.
African Americans in the New Republic
During the Revolution, African Americans demanded the natural right to be free. The Northern states responded by gradually abolishing slavery. Abolition also became a subject of serious debate in the South but unfortunately, economic motives overcame republican ideals.
The Scandal of Women’s Rights
Women also demanded the natural right of equality and contributed to the creation of a new society by raising children in households where the republican values of freedom and equality were daily practiced (Republican Motherhood).
Women became more assertive in divorcing undesirable mates and in opening their own businesses. Nevertheless, they were still denied their political and legal rights.
Americans wanted written constitutions that would clearly:
define the rights of the people
define the limits of government power.
Each state constitution, in different ways, did each of the following:
guaranteed freedom of religion, speech and the press
weakened the power of governors
gave elected assemblies the most power
Massachusetts developed a procedure for constitution making that almost all the other states eventually adopted.
A constitution had to be written by a convention specially elected for that purpose and ratified by a referendum of the people.
The Articles of Confederation were established so that each state would retain its sovereignty.
The Articles established a loose confederation of states, one that allowed each state to retain its “sovereignty, freedom, and independence.”
The Confederation government could
declare war or peace
negotiate treaties
print money
adjudicate boundary disputes
The Confederation government could not
tax or collect duties
regulate foreign or interstate commerce
establish a national court system
establish an executive to enforce laws
force states to abide by all acts it passed
Each state had one vote, a 9/13 majority was needed to pass laws, and unanimity was required to make an amendment.
Northwest Ordinance: The Confederation’s Major Achievement
The main delay in ratification of the Articles was the problem regarding ownership of the western lands. Some states, such as Maryland, had no claim to land beyond their boundaries and argued that the western lands should be given to Congress for the benefit of all Americans. Maryland delayed ratification of the Articles until 1781 when Virginia agreed to renounce claims to the West. Other states followed Virginia’s example, and Congress wound up owning all the land west of the Appalachian Mountains.
The Articles dealt effectively with the western lands, traditionally an area of little law and order. Congress provided local government and the promise of eventual statehood.
In order to capitalize quickly on its treasure in land, Congress sold over six million acres to large land companies. These companies, however, experienced difficulty in attracting immigrants or in controlling the people inhabiting the West (squatters).
By 1787, Congress realized the need for closer supervision and issued the Northwest Ordinance, providing a new government for the area north of the Ohio River.
The Ordinance created a number of territories; each headed by a governor appointed by Congress.
As the population of a territory increased, it was to acquire the right to more self-rule and eventual statehood (eventually – Ohio, Indiana, Illinois, Michigan and Wisconsin).
The Ordinance regulated only those lands north of the Ohio River. Congress took almost no interest in the lands south of the Ohio, resulting in tremendous legal confusion about who owned what.
Problems under the Articles of Confederation
Financial Problems – the new government inherited an empty treasury and serious economic problems:
huge debt
worthless currency
runaway inflation
Without the power to tax, Congress could do little to solve these problems.
Newburgh Conspiracy – as Congress sank further in public esteem and even failed to pay the soldiers’ wages, a group of extreme nationalists plotted to use the army to establish a strong regime. When Washington learned of the plan, he met with the conspirators and gave an impassioned speech that immediately put an end to it.
Diplomatic Humiliation – Congress presented such a weak face to the world that other nations were able to insult the United States without fear.
England kept troops on American soil even after the peace treaty.
Spain suddenly closed New Orleans to American commerce in 1784. Congress sent John Jay to Madrid to negotiate a treaty that would reopen the Mississippi River
system to Americans. Instead, Jay signed an agreement that ignored the problem of these western areas in exchange for commercial advantages benefiting the Northeast (Jay-Gardoqui Treaty). The people of the West and South denounced the treaty and forced Congress to reject it.
Shay’s Rebellion – In 1786, western Massachusetts farmers were upset with their situation:
continually in debt
paying high interest rates
high taxes
They also felt that the government of Massachusetts was insensitive to their problems.
Daniel Shays led an armed revolt of thousands; closing courthouses were foreclosures were held.
Threatened to seize the federal arsenal but were stopped by wealthy Bostonians who hired an army to put down the revolt.
Although the incident was minor, the nationalists feared it was the beginning of America’s slide into anarchy.
The crisis atmosphere persuaded many Americans to support a strong central government.
Our Constitution is currently the longest written constitution in use today. It is a remarkable document that has proven flexible enough to survive for over 200 years. Its core principles are checks and balances, limited government, popular sovereignty, separation of powers, and federalism.
55 men (representing all the states except Rhode Island) gathered in Philadelphia from May 14th through September 17th, 1787, to participate in the Constitutional Convention. Not all of them signed the document.
The delegates (including people like Washington, Franklin, Hamilton, and Madison) were men of wide and practical experience. (John Adams and Thomas Jefferson were not present, they were diplomats in Britain and France at the time).
Immediately, they made some important procedural decisions:
“that nothing spoken in the House be printed, or communicated without leave.” According to James Madison, this secrecy rule saved “both the convention and the community from a thousand erroneous and perhaps mischievous reports."
Delegates decided to vote by state (each state receiving one vote), but they ruled that key proposals needed the support of only a majority instead of the nine states required under the Articles of Confederation.
James Madison is justifiably known as the “Father of the Constitution”. He quickly introduced the Virginia Plan. It proposed to:
create a sovereign, central government that could veto all acts of the state governments.
central government would have a legislature of two houses made up of state representatives. The larger the state, the more representatives it would have in these houses.
chief executive would be appointed by Congress.
The small states objected to parts of the Virginia Plan for fear they would lose their separate identities. They pushed instead for the New Jersey Plan, which would have given Congress (unicameral) greater taxing powers but would have left the Articles of Confederation basically untouched.
The Great or Connecticut Compromise
Compromise settled the debate. The Virginia Plan was amended by creating the House of Representatives (which would be based on population) and by creating the Senate (where states would be equally represented).
Another important change dealt with the chief executive. In order to make him (or her) independent of Congress, the President shall be elected by a special Electoral College. Also, the Preamble’s opening line would be “We the People…”
The Three-Fifths Compromise
The word “slave” does not appear in the Constitution itself.
Southerners wanted to count slaves as people so that their population numbers would be higher, hence more representation in the House of Representatives.
Northerners did not want to count slaves at all.
Compromise – slaves would count as 3/5 of a person for the purpose of representation.
Commerce and Slave Trade Compromise
The delegates agreed that Congress should have the power to regulate trade and commerce.
Southerners, however, were fearful that Northeasterners and Congress would use export duties to generate revenue. (Tobacco (a Southern crop) was the chief American export of the time.)
So, Congress was forbidden the power to tax exports. (Tariffs (taxes on imports) were/are still allowed.)
Congress was also forbidden the power to act on the slave trade until 1808, but slaveholders were granted the right to reclaim runaway slaves.
Instead of submitting the proposed Constitution to the State legislatures, the convention gave the power of ratification to special conventions to be elected in each state. As soon as nine such conventions approved the Constitution, it would go into effect.
The nationalists who wrote the Constitution now had the problem of having it adopted in the state conventions.
Those in favor of the new Constitution cleverly called themselves the “Federalists”. Federalist was a word typically associated with local or state control. Nonetheless, they enjoyed the support of most of the news media of the time and were well organized.
Those opposed to the new Constitution were termed “Anti-Federalists”. They distrusted any government removed from the direct control of the people and suspected that the new Constitution had been written by the rich and powerful for their own benefit. They also pointed out that the Constitution did not have a specific Bill of Rights.
To help promote the new Constitution, John Jay, Alexander Hamilton, and James Madison wrote The Federalist Papers. These essays, which appeared in newspapers at the time, are regarded as important works of American political science.
In Federalist 51, Madison commented on human nature: “If men were angels, no government would be necessary.” Since men won’t always do what is best for the community, he reasoned, the government must be prepared to check them.
Madison addressed the problem of factions (political groups) in Federalist 10: “Liberty is to faction what air is to fire.” We must, he urged, find a way to control faction. His argument was that the geographic expanse of the United States would preserve the virtue of the people – faction would be diluted by the very size of the country.
Delaware became the first state to ratify the Constitution and by June 1788, only North Carolina and Rhode Island had not done so. It should be noted that in many states, the votes for ratification were very close.
Even though the Anti-Federalists had lost the ratification battle, they did receive a major concession. The Nationalists had promised to include a Bill of Rights to the Constitution. By 1791, the first ten amendments had been added.
The basic cause for the development of political parties was the ambiguity of republican ideology. The Hamiltonians, or Federalists, stressed the need to create a national economy to preserve the independence of the United States. The Jeffersonians, or Democratic-Republicans, preferred to keep government small, local and responsive. Federalists and Democratic-Republicans agreed upon ends but differed about means.
George Washington was unanimously elected president in 1789 and gave the new government all the weight of his great reputation. It was assumed that everyone would work together for the common good and that the average voter would trust his “betters” to manage political affairs.
The development of political parties began with the policies endorsed by Alexander Hamilton, the Secretary of the Treasury, and opposed by Thomas Jefferson, the Secretary of State.
Hamilton wanted a strong central government, much like the English.
Jefferson believed that a new age of liberty was beginning that would make government less necessary.
Hamilton hoped to make the US a strong commercial and industrial power, while Jefferson hoped the US would remain a nation of small, independent farmers.
Hamilton worried that democracy would lead to anarchy; Jefferson trusted the common people.
The greatest problem inherited by the new government was the federal debt ($54 million for central government and an additional $25 million for the states). As Secretary of the Treasury, Hamilton had to make provision for repayment. He put together a financial program that contained two proposals, “funding” and “assumption”. He also asked Congress for a national bank and government aid to manufacturing.
Funding and Assumption
Hamilton’s Report on the Public Credit (1790) recommended that Congress redeem its debts at face value even though most of the people holding the certificates of debt had bought them at discount. This is Funding.
James Madison broke with Hamilton on this issue. Madison tried unsuccessfully to have Congress pay less to the present holders of the certificates in order to pay something to the individuals who had been forced by poverty to sell the certificates to speculators.
‘Assumption’ meant that the federal government would become liable for the states’ debts. Some states, such as Virginia, had already paid off their debts and would gain nothing from assumption.
Some speculators opposed assumption because they used depreciated state debt certificates for their own profit. Madison organized the anti-Hamilton forces and defeated assumption in the House of Representatives. Hamilton salvaged the program
by giving Virginia some money and by agreeing to relocate the new US capital on the Potomac River.
The Controversial Bank of the United States
Hamilton also proposed that Congress charter a national bank. The bank, though privately owned, would work closely with the government.
Madison believed that the bank would benefit only the rich.
Jefferson did not think that the Constitution gave Congress power to charter a private business.
When Congress did charter the bank, Washington asked his cabinet to advise him on the constitutional question. Hamilton’s response was to interpret the Constitution broadly, as giving Congress implied powers. Washington accepted this argument but public opinion began to turn against Hamilton.
Setback for Hamilton
Hamilton next asked Congress to enact a program favorable to manufacturing, but opposition had now grown organized.
Madison raised the prospect of having the central government become more powerful than the individual state governments.
Jefferson warned that the rise of cities would destroy agriculture and the civic virtue that farming instilled.
Hamilton’s recommendations were defeated.
Foreign affairs engendered a different set of problems. The US had to respond to the wars set off in Europe by the French Revolution, but Hamilton and Jefferson disagreed on the proper course of action.
The Peril of Neutrality
Americans wanted to remain neutral when France and England went to war in 1793.
The French sent to America diplomat Edmond Genet, who ‘insulted’ the Washington administration.
The English created more serious problems.
England still occupied American soil in the Northwest.
They also violated maritime rights (impressment).
Jefferson wanted to punish England by cutting off trade, but Hamilton felt that the US must appease England because she was so strong.
Jay’s Treaty and the Hint of Civil War
England’s provocations called for strong action.
Washington sent John Jay to England to demand removal of the English from American soil, payment for ships illegally seized, better commercial relations, and acceptance of the US as a neutral nation.
Jay, however, had no chance to secure a favorable treaty because Hamilton had secretly informed the English government that the US would compromise. Jay agreed to a treaty that gave the US virtually nothing.
Washington disliked the proposed treaty but sent it to the Senate where it was ratified by the smallest possible margin.
When newspapers learned the contents of the treaty, they viciously attacked it and even criticized Washington. In attacking Washington, the opposition had gone too far. The nation rallied behind its greatest man, and the Federalists used the opportunity to portray the Democratic-Republicans as traitors. The rift between the parties deepened.
Securing the West
Ironically, the unpopular Jay’s Treaty brought advantages to the US in the West. English posts in the Northwest Territory had supplied and encouraged Indian raids on American settlements. The US Army failed to defeat the Indians until the battle of Fallen Timbers (1794), which led to the Treaty of Greenville and Indian removal from what is now Ohio. While the Indians were in this desperate condition, the English deserted them and pulled back into Canada.
In the Southwest, news of Jay’s Treaty was interpreted by the Spanish as an Anglo-American alliance against Spain. To prevent this, the Spanish suddenly offered to open the Mississippi, to settle the disputed border between Spanish Florida and the US, and to cease supplying the Indians. These offers resulted in the Treaty of San Lorenzo (Pinckney’s Treaty).
Partisan Newspapers and Political Clubs
Newspapers were the most influential medium of political controversy. Newspapers, usually shrill in tone and totally partisan, sprung up everywhere.
Political clubs also became popular, especially “Democratic” clubs that supported the Republican party.
Whiskey Rebellion Linked to Democratic-Republican Conspiracy
In 1794, a local tax protest in western Pennsylvania was interpreted by the Federalists as a major insurrection instigated by the Democratic-Republicans.
Jefferson, on the other hand, believed that the crisis had been invented by the Federalists as a pretext to create a strong army to intimidate Republicans.
Washington’s Farewell
In 1796, Washington announced his decision to retire from public life, warning Americans in his “Farewell Address” to avoid forging permanent foreign alliances and to avoid forming political parties.
During the Adams administration, the Federalist party controlled the government and tried to suppress the Republican party. The Federalists failed because they could not remain united.
The XYZ Affair and Domestic Politics
Because of Jay’s Treaty, France began to treat the US as an unfriendly nation. French vessels even fired on American ships in the Atlantic (Quasi War).
When ambassadors were sent to France, the French government demanded a bribe before negotiations could even begin (XYZ Affair). Americans were outraged, and the Federalists attempted to use anti-French sentiment to crush the Democratic-Republicans.
Crushing Political Dissent
The extreme or ‘high’ Federalists began to build up the army, even though there was no prospect of a French invasion.
The Federalists intended to use the army to stifle international opposition.
Hamilton took day-to-day command of the army and filled it with officers loyal to him.
All Hamilton needed was a declaration of war against France, but Adams refused to ask for one.
Silencing Political Opposition: The Alien and Sedition Acts
Congress could not declare war but it did pass a series of acts designed to persecute the Democratic-Republicans.
The Alien Enemies Act and the Alien Act gave the president power to expel any foreigner.
The Naturalization Act required immigrants to reside in the US for fourteen years before becoming eligible for citizenship.
The Sedition Act made it a crime to criticize the government. Federal courts became politicized and often enforced this law in absurd ways.
Democratic-Republicans were convinced that free government was on the brink of extinction.
The Democratic-Republicans Appeal to the States
Jefferson and Madison responded to the Alien and Sedition Acts with the Virginia and Kentucky resolutions.
The Kentucky resolutions, written by Jefferson and passed by the state of Kentucky, claimed that each state had the power to decide whether acts of Congress were constitutional and if not, to nullify them.
Madison’s Virginia Resolutions urged the states to protect their citizens but did not assert a state’s right to nullify federal law.
Jefferson and Madison were less interested at this time in formulating accurate constitutional theory than they were in clarifying the differences between Democratic- Republicans and Federalists.
Adams’ Finest Hour
In 1799, Adams openly broke with Hamilton.
The president sent another delegation to negotiate with France, and this delegation worked out an amicable settlement. The war hysteria against France vanished, and the American
people began to regard Hamilton’s army as a useless expense.
In avoiding war with France, Adams saved the nation from the schemes of the High Federalists. In return, they made sure he lost the election of 1800.
The Federalists lost the election of 1800 because they were internally divided and generally unpopular.
The Democratic-Republicans won easily and the new President, Thomas Jefferson, tried to unite the nation by stressing in his inaugural address the republican values shared by members of each party.
The election of 1800 is one of the most important in our history because the transfer of power from Federalists to Republicans was achieved peacefully but the nation had come dangerously close to suffering the chaos of an ideological civil war.
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