Chapter 9 Notes Following the war, most countries reduced (but often did not abolish) the amount

of property required to vote; this fit with the fleeing of many rich loyalists who paved the way for rich and politically influential patriots, who saw all men as being created equal (Declaration of Independence).The Anglican church was also weakened, with many members leaving it, and was later reformed as the Protestant Episcopal Church; meanwhile, the Congregational Church was also weakened because of the fight for separation between church and state (most notable in Virginia where in 1786 Thomas Jefferson and his allies, mostly Baptists, passed the Virginia Statute for Religious Freedom) although it remained strong in some New England states. In keeping with all men being equal, the Quakers in Philadelphia went on to found a society for the abolition of slavery; additionally, the Continental Congress of 1774 called for a complete abolition of slavery (although many states outright abolished or gradually phased out slavery, no state south of Pennsylvania abolished slavery). Also, despite being free, blacks were still harshly discriminated against in respect to the writing of the law in the colonies (blacks could not buy property, could not educate their children, hold certain jobs, and interracial marriage was illegal); the lack of change with regards to blacks followed because the founding fathers were worried that forcing change would shatter the fragile union of states. Women received the same lack of attention (although New Jersey allowed them to vote for a short period of time in 1776) although women later became the embodiment of the colonies conscience because they were central to training families in civic virtue. In 1776 the Continental Congress asked all colonies to draft their own constitutions, in effect asking them to become states in the union: the theory of republicanism stated that authority rested with the people, so the states had to agree to submit themselves to the congress. The Massachusetts Constitution could only be changed by a specially called constitutional convention, a process which was later adopted as our nations Amendment process. In Britain a constitution was a collection of laws, documents, and legal precedents while the colonies constitutions were written contracts that defined the extent of the governments power (as given to it by the people); these constitutions were meant to provide a body of law regulations that were above the ability of the law makers of the day to change and so they included things like bills of rights. These bills of rights usually required weak executive and judicial branches and a strong legislative branch whose members had to be elected every year. The legislative branches were given sweeping powers, but Thomas Jefferson warned that they could be as despotic as a single ruler; luckily, the legislative branches were mostly composed of representatives from the poorer parts of the states (who often moved their capitals from wealthy commercial centers to less biased centers of their states) who governed somewhat fairly. After the war, economic changes were also prominent in the colonies: large loyalist estates were seized, broken up, and subsequently sold accelerating economic democracy, which has always preceded political democracy in US history; meanwhile, local industry was booming because of the non-importation agreements prior to the war and the war itself which spurred colonists to learn to produce goods themselves to learn to do without them. But the revolution had drawbacks: colonists ships were barred from all British harbors as the bulk of British trade was shipped to its loyal colonies; however, new foreign markets that had been unavailable to the colonists under British mercantilism helped to offset the lack of trade with Britain. As a whole, though, the colonists were probably worse off economically after the revolution then they were
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before: inflation and wartime profits that only benefited a minority of the population meant that the average colonists were left economically pressed. Governing themselves proved to be another large problem for the colonists: not only did they have to establish their own government, it had to be a new type of government that governed a huge new territory; in addition, there were (what we might call anarchists) certain political groups who believed that all men had natural rights, and were extremely suspicious of an attempts by a government to exert influence over them. Politically, the nation was out of balance with the departure of the conservative loyalists leaving room only for the innovative patriots (who now had no cause for unity against a common enemy). Finally, British manufacturers, with a surplus of products, began to flood the colonial market with extremely cheap goods, which destroyed many small industries that had established themselves during the war and were unable to compete (putting many out of jobs). Luckily, the colonists had experience governing themselves as states (and during the revolution), and the states governing systems were extremely similar and led by strong political leaders. The states were essentially sovereign and the Second Continental Congress had little real power with states making their own currency, establishing their own militaries, and even, in Virginias case, establishing alliances with other countries of their own accord (1778 Alliance with France). After the war, the congress adopted the Articles of Confederation in 1777, which had been written during the war, although these were not ratified by all thirteen colonies until 1781. Also, as an object of discord among the colonies six states (ex: Maryland & Pennsylvania) had much less land then the other seven states (ex: New York and Virginia) who had large holdings often granted to them by charter; these six states argued that they deserved some of this territory because they had helped to fight to help guarantee that the land the other seven colonies owned was not taken by the British. Furthermore, these seven states were able to sell their excess territory in order to pay off their wartime debts, while the other six states were forced to heavily tax their citizens. Finally, (because the Articles of Confederation had to be unanimously approved) New York seceded its excess territory and Virginia appeared to be ready to secede its excess territory; furthermore, the Continental Congress promised to use the territory for the common good of the colonies by making the territories into republican states which would eventually be admitted to the union of the states as equals (Northwest Ordinance of 1787). As settlers began to move west into the new land, purchasing it cheaply from the government, they helped the new country to repay its debts, and spread its territory. The Articles of Confederation were weak: there was no executive branch (the colonists did not like executive branches after King George III) and the judicial branch was left to the states own supervision, which left a fledgling congress as the chief governing body; furthermore, the Articles required at least 9 states to agree on all decisions, unanimous ratification of any amendments (almost impossible), and gave each state only a single vote for all matters. Congress was actually designed to be weak because the colonists did not want to hand over their newly won rights to a new form of an elitist parliament, towards this end congress could not regulate commerce (and states were often able to establish conflicting commercial laws) and was not able to tax the states (it could only ask for loans or donations). Additionally, the government could advise states on how to behave, but could in no way regulate their behaviors, it could not even pass judgment on citizens of states. As weak as they were the Articles of Confederation were a step towards state unity: with
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the states acquiescing that they needed a higher government then themselves and by keeping alive the unity between the fledgling states until they were ready to adopt a full constitution. Despite being limited by the Articles of Confederation the Congress was able to pass a few important laws, chief among these being the Land Ordinance of 1785; this states that the land in the Old Northwest (northwest of the Ohio River, East of the Mississippi River, and South of the Great Lakes) would be sold and the proceeds used to pay national debt. Despite the endless surveying needed to put this law ordinance into effect it also set aside at least one square mile for the building of public schools in every town that was to be built. The Northwest Ordinance of 1787 also stated how the congress would deal with the new states it had promised to establish: two stages of growth for the states and then equal acceptance into the union when the state had a population of 60,000 (this ordinance also forbid slavery in the Old Northwest). Relations with Britain were difficult, to say the least, during the time of the confederation: for eight years Britain refused to send an ambassador to the confederation and shut down trade with confederacy (although smugglers simply began to ply their trade again); British agents plotted to annex Vermont and the British maintained a line of trading outposts along the American coast to keep trade with the Indians going (although the British allegedly kept these settlements because of the damages the colonists had caused to the loyalists they actually wanted to make sure the Indians prevented any confederation incursions into Canada). Spain was also unfriendly to the Confederacy and threatened to close the Mississippi to the colonies in 1784 (which would have amounted to the strangulation of the Western states); Spain also claimed Florida as its own and held an important fort at Natchez on disputed soil. Together Britain and Spain were able to keep the Indians unified against the Confederacy and prevented the Confederacy from exercising complete control across one half of its land. Finally, Confederate trade was seriously hampered by the lack of British protection as pirates began to pillage the now unprotected Confederate ships. In the mid-1780s the affairs of the confederacy were getting out of hand: the states were refusing to pay anything to congress at all, the congresses debt was piling up and international loans were not forthcoming, and individual states actually fought each other militarily over trade/currency disputes (some states were beginning to use paper currency again). In this environment Shays Rebellion (1768) erupted: comprised of farmers in Massachusetts who were losing their farms to mortgage foreclosure and because of tax delinquency and led by revolution Captain Daniel Shays; hundreds of dissatisfied farmers grabbed their muskets and used force to demand valuable paper money, lighter taxes, and a suspension of property takeovers. The rebellion was crushed when wealthy Mass. citizens paid for an army, but the event scared the wealthy who were worried about the Confederacy developing into a mobocracy. It was in this environment that many began to believe a stronger central government was needed, although the rich (to safeguard themselves) exaggerated the seriousness of the situation; these wealthy citizens attempted to persuade the states to amend the Articles of Confederation to make a stronger central government, but the representatives from poorer states refused (many of them were in fact debtors themselves who feared reprisal). But, both debtors and wealthy representatives alike agreed that there was need for a stronger central government (although the methods they wanted to use were very different). Control of commerce became a huge issue in 1786 and Virginia, in response to interstate bickering, called for a convention at Annapolis, Maryland; unfortunately, only 5 states were
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represented at the meeting, luckily, Alexander Hamilton put together a report that called congress to summon a convention in Philadelphia to deal with commerce and strengthen the Articles of Confederation. At this convention all states were represented, except for Rhode Island, by representatives elected by state legislature (and the ones in who voted had to be property holders) which inevitably lead to a meeting of wealthy men (though it is rather misleading to say that the Constitution was assembled simply to protect their financial interests). On May 25, 1787 fifty-five delegates, whose social class was so high that Jefferson called them demigods, met in Philadelphia, under armed guard, to discuss how to end the crisis. George Washington was elected as chairman of the meeting and, luckily, the leaders of the revolution were not present at the meeting as it would probably have become embroiled in endless debate. All the delegates were conservatives who were relatively wealthy (lawyers, merchants, land speculators, etc.) and not a single representative of the nations debtors was present; most of them were young men, yet experienced in writing constitutions (many had helped draft their state constitutions), and were interested in uniting the Republic rather than fighting each other. These men wanted to crystallize the spirit of the revolution into a firm form of government that had actual power to rule by (especially economic power); the representatives also wanted to forestall anarchy, and ensure security against uprisings. Actually, the opposition they found in British trade, piracy, and Shays Rebellion acted to spur them on as they wrote the constitution and can in some ways be thanked for the writing of the constitution. Some of the delegates were determined to do away with the Articles of Confederation before they even arrived at the meeting (which would amount to a bloodless coup as Congress had only authorized them to revise the articles). The first plan for a constitution was the large-state plan (proposed by Virginia) that wanted a bicameral congress where each states representation was based on population; this found an adversary in the small-state plan (proposed by New Jersey) which suggested a unicameral Congress where each state had an equal number of votes, and the resulting debate led to a complete deadlock. Eventually, the Great Compromise was reached with each state having two votes in the senate while represented by population in Congress (where every tax or revenue bill would originate from); the compromise also allowed for a strong, popularly elected, executive leader who would have power of the military, appoint judges to their posts, and could veto legislation. The states also allowed for the president to be elected by the Electoral College where each state had equal voting power and decided that only three fifths of the slaves in a state would be counted as part of the states population (a compromise between the slave rich south and the relatively free North). Slave trade was also allowed only until 1807 but in return all states except Georgia forbid overseas slave trade. In order to safeguard against mobocracy the members of the convention (who generally saw around eye to eye on most things) provided that the president would be INDIRECTLY elected by the Electoral College, the Senators would be INDIRECTLY elected by state legislature, and only Congressmen would be directly elected by popular vote, judges were to be elected for life to prevent any political control of the judiciary. Yet, the government was also limited to the Constitution for its powers and to the consent of the people it governed, in this way both the government and the people had balanced power. Finally, on September 17, 1787 forty two of the original fifty five members of the convention signed the new constitution.

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The members of the convention were certain that at least Rhode Island would veto the constitution and, under the Articles of Confederation, anything less then a unanimous agreement would destroy it, so they provided that only nine states were required to vote for the constitution. The new constitution angered the Anti-Federalists who opposed a stronger government (mostly from the Southern States and comprised of revolutionary leaders) and pleased the Federalists who wanted a stronger central government (mostly from the Northern States who used their wealth and control of the newspapers to support the Constitution). The Anti-Federalists mostly argued that the constitution was drawn up by the aristocratic elements of Confederate society and was therefore un-democratic (and also were angered by its encroachment on state control, the creation of the District of Columbia, a standing army, and no mention of God in the new Constitution). Four states quickly ratified the constitution, but in the remaining states the election of representatives to ratify the constitution (or refuse to do so) was hotly contested. Massachusetts proved to be the ultimate test for the Constitution with the ratifying group containing a majority of Anti-Federalists. The Anti-Federalists were extremely alarmed by the lack of a Bill of Rights (a document to define the rights of the people) but Federalists promised the creation of a document by Congress as soon as the Constitution was ratified and ratification was secured in Massachusetts. With the agreement of New Hampshire the Federalists eventually won enough votes to accept the Constitution (with only New York, Virginia, North Carolina, and Rhode Island refusing to ratify the document) and it was adopted on June 21, 1783. Eventually, however, the four opposing states were forced to ratify the Constitution because they would not be able to exist safely without a union with the other states.

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