CHAPTER 5 NOTES From Confederation to Nation

Section 1 New State Governments A) States Create Governments and Constitutions 1) Following Old Patterns - new states were strongly influenced by their past - the new states already had governments operating since the provincial assemblies continued to meet after the war began - main desire was to change certain features of the old colonial governments, so they could never become tyrannical - government derives “their just powers from the consent of the governed

2) Ways of Constitution Making - in most states the existing assemblies drew up the constitutions - Concord, MA., wanted a separate assembly to draw up constitution -believed that if regular legislature made constitution, it make it easy for them to challenge it in the future -Massachusetts first constitution was rejected b/c they did not listen to Concord - all of the new state constitutions were written -Americans believed their rights would be safer if they were written for all to see and remember

3) The New Constitutions - all began with a brief declaration of independence, followed by a statement of their rights - Most states had a governor (all but one), and all but Pennsylvania had a two-house legislature - All colonies attempted to weaken the powers of the governor

B) Equality For All 1) Equality in the States - although it was stated that “all men are created equal”, there were many ways that this was untrue in the new nation - in every colony a man had to own property or have a certain income in order to vote -women were not allowed to vote or hold office -slaves did not even have civil rights 2) Movement against Slavery - 1774- Rhode Island passed a law free all slaves in that state - Continental Congress passed law that no slaves were to be imported after 12/1/1775 - 1783- slave sues for freedom in Massachusetts and wins; this ends slavery in that state - Virginia and North Carolina pass laws that allowed owners to free their slaves

Section 2 The Continental Congress - Illegal Assembly -2nd Continental Congress assumed all powers of government at the start of the Revolution - Young Congressman -most members were just over 40 years of age -of the 56 members, 25 were lawyers, 8 were merchants, 6 were doctors, and 5 were farmers - Successes and Failures 1) Successes of Congress -established the army, navy, and marines -appointed George Washington as leader of the army -kept army supplied 2) Failures -greatest failure was financing the war -congress could not tax the states and when they asked for money many states would not contribute

Section 3 -A Weak Confederation A) The States and Congress - congress had to cope with the jealousy of states - states wanted a new government strong enough to serve them but not so potent that it might dominate them - announced a “perpetual union” of the states and a “firm league of friendship”. Preserved for each state “its sovereignty, freedom, and independence, and every power and jurisdiction and right” - each state had just one vote in congress

B) The Powers of Congress - congress given sole power to deal w/ foreign nations, to settle disputes between the states, to decide admiralty cases, to declare war, and to make peace, ran postal system, and control currency - could coin money, run the postal service, establish weights and measures, and trade with the Indians outside the states - many people feared that the congress would become to powerful -congress actually had no way of enforcing its decisions, except for begging and pleading

C) Western Lands 1) Small States vs. Large States - small states were concerned w/ the vast land that large states claimed in the west - small states refused to agree to a general government until the large states gave up claims -concerned that land rich states would be able to pay their war debts and day-to-day cost through sales of western lands -would allow land rich states to keep taxes low - land poor state (small states) wanted congress in control of western lands - 1781-Virginia agrees to cede its lands to congress, and eventually Maryland agrees and Articles of the Confederation is signed by all 2) West becomes the treasury of the U.S. - congress sold the land to raise money for the Revolution - Land Ordinance of 1785 – provided that the land be carefully surveyed into townships 3) Northwest Ordinance of 1787 (Thomas Jefferson’s idea) - an add-a-state plan - every part of the “public domain” would become a state of the Union - 5000 adult free men = a legislature to make laws; 60,000 free men = application for statehood - ordinance provided that each of the new states should be very big b/c they thought the land was so poor - New Englanders settle along the Ohio River -the Ohio Company settle in Ohio and name the first settlement Marietta -Indians raided small parties who attempted to go off and settle alone D) Successes and Failures of the Confederation 1) Successes - charting the vast western domain was the greatest domestic achievement - bringing the Revolution to an end was the greatest military achievement - the peace treaty with England was the greatest foreign policy achievement 2) Failures - U.S. was not taken seriously abroad -England would not grant a commercial treaty -France did not take the confederation seriously - experienced diplomatic problems out west -G.B. held on to fur trading post in the northwest -Spain hoped to coop up the lands beyond the Appalachians -Spain closed mouth of the Miss. River in an attempt to force western settlers into joining the empire 3) Great Depression - end of the war brought a financial depression - began to import from England -bought more than they could pay for - each state issued their own paper money -no one knew how much each others money was worth compared to others -paper money was refused and people hoarded gold

4) Shay’s Rebellion - during and right after the war many farmers went into debt to improve their farms, or by more land - the depression meant that they could only sell their crops at very low prices - farmers were unable to pay off debts, and many were taken to court - Daniel Shay leads a rebellion around Massachusetts -demanded more paper money, tax relief, relief for debtors, and an end to imprisonment for debts -Shay and his followers are eventually captured - rebellion swung many people over to demanding changes in the national government Section 4 -Writing a Nation’s Constitution -before independence the colonies could not live w/ a strong central government, now as states they could not live w/o one 1) The Annapolis Meeting (1786) - meeting, requested by Virginia, to discuss the regulation of commerce - only 12 men (representing five states) came to the meeting - Alexander Hamilton, one of the 12 reps at the meeting, thought that the nation would never prosper until they formed a strong union; demanded that all 13 states send delegates to a larger meeting 2) The Philadelphia Convention - states responded to Hamilton’s call -55 delegates representing 12 states met at Independence Hall in the summer of 1787 -Rhode Island ignored the convention - objective was to remodel the Articles of Confederation 3) Federal vs. National - a federal union in those days meant a group of sovereign states which made treaties with one another to work together - they needed a national union in order to do the job they needed to do; they needed a union similar to France and England - to make this possible each of the sovereign states would have to give up some of it “sovereign” powers 4) Need to Compromise - the 13 states were all very different - what prevailed in 1787 was the practical spirit of compromise - no one knows what was actually said during the convention, but we do know what came from it and that is the Constitution which we live under today - The Great Compromise - dealt with the matter of representation - finally decided to have two houses; one house w/ equal amount of representatives from each state (Senate), and one house w/ number of representatives based on population of state (House of Reps) - 3/5 Compromise and the Commercial Compromise - 3/5 of the number of slaves would be counted both for representation in congress and for levying taxes 5) Partly National and Partly Federal - to satisfy the “national” supporters, the government was given the power to tax, to control commerce, to make war, to build military, and to conduct foreign affairs - to satisfy the ”federal” supporters, the constitution gave each state the power to make laws to control daily life and all the powers not expressly given to the central government - the central government was referred to as the United States - had three separate branches with its own special duties and powers -Executive, judicial, and legislative - Executive Branch -Commander-in-chief of armed forces -power to negotiate treaties -could appoint officials (some had to be approved by Senate) - Legislative Branch -each house given special powers -House had power to initiate bills for raising revenue -Senate could approve treaties and certain appointments - Judicial Branch -created to hear all cases raised under the constitution and the laws of the U.S. Section 5 -The States Ratify A) Bypassing the States - convention submitted Constitution to congress and asked for it to be sent to state conventions for approval - needed the approval of 9 of the thirteen states -meant to keep a few from sabotaging the work of the cooperative many B) The Fight for Approval -great public interest in what the Constitution said since the convention did its work in secret - Federalist = those who supported the constitution - Anti-Federalist = those who opposed -feared that the new constitution would create a super-government - hard work and political tricks by the Federalist brought about ratification -Delaware first state to ratify (by unanimous vote) -Pennsylvania Federalist rushed through approval by buying up newspapers so that the Anti-federalist could not be heard -New Jersey, Georgia, and Connecticut quickly followed -Massachusetts becomes key state -Anti-federalist seem to have majority -Federalist made promises to John Hancock to swing his vote -Hancock suggested amendments to protect citizen’s rights -South Carolina and New Hampshire also ratify with suggested amendments -Virginia and New York seal victory -nine states had already ratified constitution, but the new government could not exist w/o Virginia and New York -Washington’s support pushed constitution through by narrow margin in Virginia -Federalist Papers, essay of why freedom-loving people needed a strong central government, helped ratify constitution in New York -North Carolina and Rhode Island finally ratify after constitution was in operation -Federalist promise to add Bill of Rights C) A Government in Skeleton - constitution merely provided a skeleton for a government - it was up to the first President, Congress, and Supreme Court to add the flesh to the government - Why has the Constitution survived? -shortness of the document allowed for flexibility in adding to it and applying it