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The main reason for the trade was economic not cultural: the need of American settlers for labour and the unwillingness of new settlers to work for hire rather than intake land and set up on their own, coupled with the ready availability of slaves in Africa. At that time slavery was normal, and not racially determined; there were in Africa large numbers of white slaves, for instance, who were sometimes rescued and set free by being legally bought by a Catholic group, the Redemptionist Fathers. In these circumstances, a normal trade took its normal course: willing buyers, willing sellers and no shortage of transport. The cultural conditions were of course related to the economic ones. It is easy to accept something which is to one's advantage. In addition, cultural conditions kept changing. At first the New World slaves were natives; it was part of the culture of the time that a defeated people had very limited or no rights, and the Spanish had no qualms about forcibly setting the locals to work. For several reasons this was not satisfactory in the long term especially in field work. The Mexicans and Caribbeans were refractory, they tended to die easily and they were not accustomed to hard and continuous outdoor labour. For this reason, Africans were bought they were docile (chattel slavery was a cultural norm on the African continent, and nothing was happening to them which did not normally happen to people of their social class), they were cheap and they were used to field labour in their own country. Later, New World slavery became more cosmopolitan. There were white slaves as well: transported convicts, indentured servants, those 'trepanned' (i.e. kidnapped or deceived) and sold into servitude, and the white or mixed-race offspring of all those classes. The culture in Europe at the time (the 18thC) was in this regard almost indistinguishable from that in Africa: it allowed shipment of the lower classes to forced labour abroad without causing moral unrest. With the independence of the USA slavery began again to become racially determined simply because the supply of whites necessarily dried up. From that point the price of fit and healthy black men rose sharply (convicts had been cost-free: the planters did not even have to pay to acquire them and so only bought in the open market when they had to).
Accordingly, the incentive for American and European ship-owners to engage in the trade became greater. At one point you could buy a black man for £1 in Africa and sell him for £100 in the Americas. Transport was cheap, and the profits enormous. It is from this point that racism in the USA became more acute and entrenched. Before then, most of the slaves had been black: after then, and increasingly, almost all of them were. This was a cultural as well as an economic shift. It became possible to regard those with dark skins as being different in kind from those with pale ones, and systematically to disregard their needs and feelings. The slaves, in the new economic conditions, represented an important capital investment and plantation management correspondingly changed to a harsher régime, designed to get money's worth out of the expensive labour force. As so often, economics and culture moved in step and it is hard to separate their effects
What enabled the Spanish to defeat the Aztecs?
The Spanish had superior weaponry to the Aztecs, and were aided by rival tribes who resented Aztec rule. The primary reason may have been the effect of the diseases spread to the Aztecs by the Spanish. Lacking any immunity to these diseases, many of the Aztecs became seriously ill or died.
3. How did the arrival of Europeans affect relations among Native Americans in and around the Hudson River Valley?
The natives were at first curious about the new travelers. At first they overjoyed and thought they were Gods. Ultimately, Native Americans were enslaved, completely wiped out due to diseases brought by Europeans, or simply displaced due to the growing numbers of immigrants reaching the Americas.
4. Compare the founding and development of society in Virginia and Massachusetts Bay.
Both Massachusetts bay colony and Virginia both suffered casualties. Casualties in Massachusetts were less severe than Virginia (30% party loss for Massachusetts but thousands more settlers on the way) Massachusetts attracted hard working well-mannered men and women who established the colony on a firm basis.
5. Compare the development of Pennsylvania and New York with the New England colonies
No, New York is considered part of the middle colonies, along with Pennslyvania, Delaware, and New Jersey. The New England colonies were New Hampshire, Rhode Island, Massachusetts, and Connecticut. (Later New England states include Vermont and Maine.).
6. How did Massachusetts evolve, both socially and economically during the seventeenth century?
In the seventeenth century, different and sometimes disparate groups of English settlers established several colonies in North America. The English way of colonization differed from that of the Spanish in that English colonization did not emanate from a desire to create a centralized empire in the New World. Breaking Away English migration to the New World was part of a larger pattern of mobility—the New World was just another destination. Some Englishmen migrated to the New World for economic reasons, leaving poverty and seeking land. Others came seeking religious opportunity or to avoid political strife and conflict in England. The Chesapeake: Dreams of Wealth In the early to mid-seventeenth century, the English established two successful but diverse colonies around the Chesapeake Bay—Virginia and Maryland. Entrepreneurs in Virginia In 1607, the London Company, a joint stock company, built Jamestown in Virginia. This colony, however, experienced numerous problems arising from a hostile natural environment, conflict with local Native Americans, the colonists’ failure to work for the common good, and unclear goals. Spinning Out of Control To save the colony, Captain John Smith took over the management of the town and imposed military order. The London Company also restructured the government and sent more people to keep the colony going. “Stinking Weed” One key to the eventual success of Virginia was the development by John Rolfe of tobacco as a commercial crop. London Company directors further attracted settlers by giving land grants (headrights), establishing elective local government (the House of Burgesses), and bringing women to the colony. Under the management of Edwin Sandys especially, the colony thrived with new settlers arriving regularly. Time of Reckoning Disease and battles with the native population made Virginia a dangerous place, especially for indentured servants. Despite increased immigration to Virginia, the mortality rate remained high in Virginia. Such problems, combined with the continued low percentage of women colonists, made establishing a family difficult. Corruption and Reform In 1624, King James I declared that Virginia was a royal colony to help solve some of the problems plaguing the Virginia colony. James reformed the governance of the colony, appointing a royal governor and council. Nonetheless, the House of Burgesses, which the Stuart monarchs opposed, continued to meet, eventually forcing the monarchy to recognize them as a governing body. Despite the changes in the colony’s management, the economic and social aspects of life there continued
within the colony. acquired a royal grant to settle a colony north of Virginia. and life continued to revolve around the plantation. upon leaving Massachusetts Bay established their own “Puritan” colonies elsewhere in New England. Adopting a Congregationalist system of church government. Diversity in the Middle Colonies The key to the Middle Colonies—New York. the Lords Baltimore. the governments of New England were not theocracies. Connecticut. neither were they democracies. Pennsylvania. and though many villages in the colony used democratic town meetings to solve local political problems. Under Charles II. in New England.much as before. including Catholicism. Massachusetts Bay enjoyed a steady stream of new migrants. Anglo-Dutch Rivalry on the Hudson The Dutch colony of New Netherland had been settled not only by the Dutch but also by Finns. while others were motivated to leave for economic reasons. Breaking Away Four colonies—New Hampshire. a much larger and wealthier group of religious reformers. Swedes. many coming as entire families." There these new settlers tried to replicate the villages and communities of England. Confusion in New Jersey Shortly after acquiring New York. The second Lord Baltimore insisted on religious toleration of all Christian religions. Sir George Calvert and his son Cecilius. Unlike in Virginia. Maryland: A Troubled Refuge for Catholics In the 1630s. Some like Roger Williams and Anne Hutchinson left for religious reasons. first went to Holland and then settled the "Plymouth Plantation. England easily wrested the ill-managed colony from the Dutch and renamed it New York. which was named Maryland in honor of the queen. The diversity and size of New York meant bureaucratic problems for the Crown. The Puritans did not practice religious toleration. and Africans. and those individuals of the colony that disagreed with the either the laws or the theology of the legal authorities were generally tried as heretics and expelled from Massachusetts Bay. established the Massachusetts Bay Colony. Limits of Religious Dissent For the most part. disagreements did arise with regard to religious beliefs. the town was the center of public life. Roger Williams and Anne Hutchinson. A small group of Separatists. Germans. the Puritans’ religion informed every aspect of their lives. and Delaware—was social and cultural diversity. producing the first code of law printed in English— Lawes and Liberties. they sailed for the New World to create a better society by purifying English society and the Church from within. allowing the Puritans to build rigorous religious. primarily because they believed in the rule of law. but this proprietary colony still faced much sectarian trouble during its early days. the Massachusetts Bay colonies flourished. and political institutions. New Jersey. Without assistance from the local Native Americans. “The Great Migration” The Puritans. and Rhode Island—were established as a result of people leaving Massachusetts Bay. Bound by a common purpose that revolved around the same religious goal. the Pilgrims would not have survived in the New World. both within and among the several colonies. Two of these. Under the leadership of John Winthrop. Reforming England in America Calvinist religious principles played an important role in the colonization of New England. Despite this seemingly united belief system. economic. But. New Haven. wanting to escape the tyranny of King Charles I. Tobacco remained the primary crop. the Duke of York awarded the land lying between the Hudson and . the European settlers in New England managed to live in peace with one another. “A City on a Hill” Throughout the 1630s. or Pilgrims.
Oglethorpe’s utopian goals soon faded. The transfer bred only confusion. The Quakers practiced a humble lifestyle eschewing social rank and position because all were equal in the eyes of the Lord. or Friends. Penn was forced by legal problems to leave Pennsylvania and return to England in 1701. making Pennsylvania a remarkably diverse colony. In 1702. the Quakers. Hoping to draw settlers from the other colonies.” Penn’s “Holy Experiment” William Penn. creating a slavebased plantation society more similar to the islands than any mainland British colonies. some bringing with them large gangs of slaves. The Founding of Georgia The colony of Georgia resulted from the utopian vision of General James Oglethorpe. was awarded the proprietorship of a vast area of land in the New World called Pennsylvania or “Penn’s Woods. . and at the same time. as well as conflicts with the Crown and other colonies. and struggled with much internal political discord. He died there in 1718 a poor and disillusioned man. Berkeley sold his proprietary rights to a group of Quakers. Proprietors of the Carolinas The English settled the land south of Virginia as a result of the restoration of King Charles II. In Quaker theology. Settling Pennsylvania Penn and other Quakers promoted the colony aggressively throughout the colonies. animal skins. The “True and Absolute Lords Proprietors of Carolina” had great trouble attracting settlers to their colony. and Georgia struggled economically and politically in its early years. its social diversity often caused internal conflicts. Facing resistance from the settlers. Conditions in England had so improved that the steady stream of willing migrants had run dry. Migrants from Barbados came as families and individuals. He settled the land south of Charleston in order to give hope to the debtors imprisoned in London. The Quakers actively worked to convert others to their “Truth. it evolved quite differently. individuals who had supported the crown during the English Civil War. Continually plagued by political disagreements between the proprietors and the settlers and among the settlers themselves. came to the New World and settled Pennsylvania. and naval stores. He offered the area as a reward to a few of his followers.” There he tried to establish a complex society and government based on Quaker principles. everyone possessed an “Inner Light” that offered salvation. Planting the Carolinas Though the area south of the Chesapeake known as the Carolinas shared many similarities with Virginia and Maryland. occupy land claimed by both England and Spain. the crown reunited New Jersey into a single colony. the Lords Proprietors offered generous land grants only to find such settlers difficult to attract.Delaware Rivers to Lord Berkeley and Sir George Carteret. the Earl of Shaftesbury. Although Pennsylvania was economically successful as a colony. and the rest of Europe. the king in 1729 divided the colony into North Carolina and South Carolina and made them both royal colonies. The colony welcomed people of all faiths and nationalities. England. finally discovering the profitability of rice by the 1690s. Quaker Beliefs and Practice Quakers turned away from Calvinism and its beliefs of original sin and eternal Predestination. In 1674. effectively splitting the colony in two. There was no need for a learned ministry because everyone’s interpretation of Scripture was valid. but it never prospered the way that New York did. The colony experimented with several cash crops including beef. The fabled “solid South” of the nineteenth century did not exist during the colonial period. Quakers in America Because they were persecuted in England. Its complexity caused lasting problems for the management of the colony. and the migration of wealthy families from Barbados. an avid Quaker convert who was briefly involved with the New Jersey proprietorship. The Barbadian Connection The eventual success of the Carolinas was largely the result of the work of Anthony Ashley Cooper.
cotton. and of his/her descendants). especially devoted to cotton and sugar cane.Conclusion: Living with Diversity The themes that connect the history of the early colonial development are hard work and. colonial courts and legislatures had racialized slavery. where most slaves were engaged in a work-gang system of agriculture on large plantations. sugar. such as tobacco. unsolicited. Thus. the majority of slaveholders and slaves were in the southern United States. and African-Native Americans. and continued mostly in the South until the passage of the Thirteenth Amendment to the United States Constitution in 1865. after a ship arrived. diversity. This typically lasted for several years for white and black alike. usually white men. 7. Europeans also held some Native Americans as slaves. and occasionally to Native Americans. Virginia. Before the widespread establishment of chattel slavery (outright ownership of a human being. carrying a cargo of about 20 Africans. a practice established in the Spanish colonies as early as the 1560s was expanded into English North America. Such large groups of slaves were thought to work more efficiently if directed by a managerial class called overseers. Spain abolished slavery of Native Americans in its territories in 1769. By the early decades of the 19th century. . acquired its first Africans in 1619. They contracted for such arrangements because of poor economies in their home countries. People paid with their labor for the costs of transport to the colonies. essentially creating a caste system in which slavery applied nearly exclusively to Black Africans and people of African descent. there were a small number of white slaves as well. most importantly. Most slaves were black and were held by whites. much labor was organized under a system of bonded labor known as indentured servitude. and coffee. The first English colony in North America. Why did Chesapeake and Lower South colonists shift from indentured servants to slaves as their labor force? Slavery in the United States was a form of unfree labor which existed as a legal institution in North America for more than a century before the founding of the United States in 1776. Slavery spread to the areas where there was good-quality soil for large plantations of high-value cash crops. By the 18th century. although some Native Americans and free blacks also held slaves.
an estimated 645. often immigrants. A few instances of enslavement of Indians by other Indians persisted in the following years. Slavery was a principal issue leading to the American Civil War. Why did the colonists react so strongly against British legislation concerning the colonies following the French and Indian War? The war caused England a great amount of money. In the South. cultures. Advocates of abolitionism engaged in moral and political debates. an estimated 12 million Africans were shipped as slaves to the Americas. becoming a topic of debate in the drafting of the Constitution. and escaped it through travel to non-slave states and Canada.From the 16th to the 19th centuries. How did the Great Awakening shape American society? We are more divided now than before the Great Awakening and more intolerate towards other religions. 8. practices of slavery shaped the institutions of convict leasing and sharecropping. Were they effective? Why or why not? . Slaves resisted the institution through rebellions and non-compliance. of different races. They taxed colonies without their opinion about it. people of no-faiths.000 were brought to what is now the United States. denominations. and encouraged the creation of Free Soil states as Western expansion proceeded. Discuss the various resistance tactics used by the Americans against the British from 1773 to 1775. By the 1860 United States Census. and a subject of landmark Supreme Court cases. Slavery was a contentious issue in the politics of the United States from the 1770s through the 1860s. the slave population in the United States had grown to four million. facilitated by the Underground Railroad. Illegal enslavement of captive workers. 10. etc. slavery was made illegal throughout the United States with the adoption of the Thirteenth Amendment to the United States Constitution. After the Union prevailed in the war. a subject of Federal legislation such as the ban on the trans-Atlantic slave trade and the Fugitive Slave Act of 1850. 9. such as the Dred Scott decision. has occurred into the 21st century in nations across the world. (see Slavery in the Americas) Of these.
40 per cent of the attacking force. 000 casualties. in which the government itself was expected and required to protect “natural rights” of citizens. Thomas Jefferson wrote essentially of a new theory of government. morale. and generous trade concessions were given to the newly integrated French Canadians in Quebec. promptly became involved in a running fight. 11. the Continental Congress appointed Washington. launched a successful frontal assault against the American earthworks on Breed's Hill and Bunker Hill. As a result. suffered severe losses at Lexington. In the southern colonies Sir Henry Clinton attempted a coup de main in May at Charleston. and. 000 reinforcements from England to Boston. overlooking the British garrison. threatening the Canadian urban centres of Montreal and Quebec. Howe had brought 9. Boston was closed to shipping. the British found themselves under pressure on all fronts. Meanwhile. The Boston garrison was hemmed in. The affair quickly escalated and colonial militia began to entrench themselves enthusiastically around Boston Harbour. In autumn 1775. but his supply ships failed to arrive. losing a ship and many men in an abortive artillery duel with shore batteries at Fort Moultrie. mounted a sortie to seize a stockpile of arms and powder at Concord. but was bloodily repulsed. in retreating to Boston. . Gen Thomas Gage. In April 1775 the British C-in-C. and was a serious blow to their pride.in 1773 the ‘Boston Tea Party’ saw British-monopolized tea thrown into the harbour in a gesture of contempt for the taxation system. and American patriots had also seized the forts at Crown Point and Ticonderoga. In June Gage's newly arrived replacement. Sir William Howe. In June 1775. Perhaps no document in history has undergone as much scrutiny as the Declaration of Independence. a wealthy Virginian planter with experience in the colonial militia. In this formal statement announcing the severed ties between the thirteen colonies and Great Britain. Describe the differing views among colonial leaders as to how to protest their grievances to Britain leading up to the Declaration of Independence. as its C-in-C. which cost the British over 1. and capability for offensive operations.
The Reasonableness of Christianity and Some Thoughts Concerning Education. . whose association with Anthony Ashley Cooper (later the First Earl of Shaftesbury) led him to become successively a government official charged with collecting information about trade and colonies. The positive side of Locke's anti-authoritarianism is that he believes that using reason to try to grasp the truth. as well as a variety of different kinds of ideas. d. On the level of institutions it becomes important to distinguish the legitimate from the illegitimate functions of institutions and to make the corresponding distinction for the uses of force by these institutions. the Declaration has been used to justify other political and social movements. John Locke (b. Locke's monumental An Essay Concerning Human Understanding concerns itself with determining the limits of human understanding in respect to God. This in turn. This opposition is both on the level of the individual person and on the level of institutions such as government and church. many groups have interpreted the document to mean different ideas. 1704) was a British philosopher. and determining the legitimate functions of institutions will optimize human flourishing for the individual and society both in respect to its material and spiritual welfare. opposition political activist. students will question the importance of the Declaration of Independence. In this lesson. Locke wants each of us to use reason to search after truth rather than simply accept the opinion of authorities or be subject to superstition. Locke also wrote a variety of important political. amounts to following natural law and the fulfillment of the divine purpose for humanity. the Letters Concerning Toleration. and finally a revolutionary whose cause ultimately triumphed in the Glorious Revolution of 1688. religious and educational works including the Two Treatises of Government. Oxford academic and medical researcher. economic writer. It thus tells us in some detail what one can legitimately claim to know and what one cannot. 1632. He wants us to proportion assent to propositions to the evidence for them.Since Thomas Jefferson’s writing of the Declaration. For the individual. and frequently. it has no effect of law in 21st Century America. While the Declaration is an important historic document and incorporates many of America’s most basic beliefs. its meaning during the time of the Revolution and its impact today. Much of Locke's work is characterized by opposition to authoritarianism. the self. natural kinds and artifacts.
and it is characteristic of their rhetorical style to draw heavily on classical examples—from Cicero and the Latin historians especially—in presenting their arguments. the English republicans Milton. understood as non-domination or independence from arbitrary power. This entry will primarily discuss republicanism in this second sense. civic republicanism is broadly speaking progressive and liberal. associated especially with the work of Quentin Skinner. the paramount republican value is political liberty. Montesquieu and Blackstone. and with respect to its role (especially vis-à-vis liberalism) in the historical development of modern political thought. civic republicans are often in debate with civic humanists.. In contemporary political theory and philosophy. In the first sense. but closely related. associated especially with the work of Philip Pettit. there exists considerable historiographical controversy—with respect to who the tradition's members are. Harrington. and their relative significance. together with a research program dedicated to developing insights from this tradition into an attractive contemporary political doctrine. the eighteenth-century English commonwealthmen. Developed as a contemporary political doctrine. According to republicans in this second sense (sometimes called ‘civic republicans’ or ‘neo-republicans’). etc. The writers in this tradition emphasize many common ideas and concerns. Sidney. the dangers of corruption. with respect to how we should interpret its underlying philosophical commitments. What was the political philosophy of "republicanism"? In political theory and philosophy. This brings us to the second sense of the term ‘republicanism’. In their interpretation of the classical republicanism tradition.) Beyond this brief sketch of the classical republican tradition. it most often refers to a specific (and still contested) interpretation of the classical republican tradition. this is sometimes referred to as the ‘classical republican’ or ‘neo-roman’ tradition in political thought.12. including especially: Machiavelli and his fifteenth-century Italian predecessors. but not without important distinct features. such as the importance of civic virtue and political participation. Some . republicanism refers to a loose tradition or family of writers in the history of western political thought. senses. the benefits of a mixed constitution and the rule of law. and many Americans of the founding era such as Jefferson and Madison. with whom they are often confused (see the entry on civic humanism). and others. (In light of the last point. the term ‘republicanism’ is generally used in two different.
who could be found in animals as well as inanimate objects. On several occasions he went out of his way to describe the Indian people of North America as a noble race who were the innocent victims of history.. Wovoka. As. native peoples celebrated the bounty given to them by the Great Spirit. and the Seminoles worshiped the Great Spirit. As a man of the Romantic Era he saw them as unspoiled. Jefferson admired and lauded the American Indian. Sioux.of its policy implications diverge from mainstream liberalism in particular ways. Round. the "noble savage". such Native American tribes as the Algonquians. For the strengths or weakness of civic republicanism to be fairly assessed. he knew that the Indian way of life could no longer exist in an expanding United States. 13. Ghost and others were developed and led by such native leaders as Wodiziwob. He began the trail of tears which would destroy cultures and result in the reservation system. As white colonists drove Indians onto reservations. even as Christian missionaries made inroads that influenced their spirituality.One senses in so many of Jefferson's observations on Indians an authentic admiration mingled with a truly poignant sense of tragedy about their fate as . Compare Thomas Jefferson's views on African Americans with his views on Native Americans Thomas Jefferson. 14. Sitting Bull. Snake. both confusions should be assiduously avoided. Always a man of dichotomies. with its analytical detachment. What role did religion play in America in the early nineteenth century? For untold generations before Europeans came to America.. Across America. Jefferson's attitude toward the Indian population of the United States always seemed as profoundly paradoxical as his attitude toward slavery. Black Elk. and for this reason civic republicans are sometimes also confused with communitarians (see the entry on communitarianism).. the fervency of their religious practices increased. also. Elaborate rituals and such dances as the Sundance. and others. the Iroquois. a man of the Enlightenment. our icon of freedom and personal liberty set the national policy toward Native Americans that would last for over one hundred years. Crow. Big Foot...
Jefferson long after reflected on his early attachment to Indians. 1964). 1994). were "civilized". altho' I did not understand a word he uttered. by France's Count Buffon. 1997). He had been associated with them during his boyhood in Albemarle County and his college days in Williamsburg.. and . Jefferson had known and been interested in Native Americans all of his life. fauna." (Lehmann.. to move others. Peter Jefferson's house was a popular way station for the friendly Cherokees whose embassies were bound for Williamsburg.On the other hand.. They were romantic characters to the young lad when they stopped at the Jefferson home on their way to Williamsburg. superior to the speech of Logan. Jefferson further expounded on the Indians' ability to speak in his Notes on the State of Virginia: I may challenge the whole orations of Demosthenes and Cicero. it was during Jefferson's presidency that the basic decisions were made that required the deportation of massive segments of the Indian population to land west of the Mississippi.." Jefferson was impressed by the Indian's use of words to make a noble display of his humanity. The only Indians he saw. "Aboriginal Homeric concepts of human behavior had early become real and concrete to him in the simple dignity of American Indians. and the solemn silence of his people at their several fires. (Burnstein. to Lord Dunmore when Governor of this State. if Europe has furnished any more eminent. filled me with awe and veneration. 1997). Referencing and comparing Native Americans to classical cultures was a theme which runs throughout Jefferson's musings on Indians. to produce a single passage. (Ellis. Perhaps this comparison with Europe's heroic era was to buttress his defense of all things American. (As cited in Chinard. but no Native Americans roamed the forest near Jefferson's boyhood home.a people.His sounding voice. For. He had heard his father's tales of journeys into the wilderness and his interactions with the Indians. animated action. as a boy. distinct articulation. and of many more prominent orators. it was then contended.. writing John Adams of his presence in the warrior-orator Outasette's camp on the eve of that Indian's journey to England: "The moon was in full splendor. that all flora."the seeds of extinction" for Native American culture were sown under Jefferson.. a Mingo chief.
."(Malone. that he had collected through thirty years. Nevertheless. while ascending the James River above Richmond. perhaps Jefferson's greatest scientific work. On the last leg of the journey. Jefferson biographer. many biographers feel that sentimentalism blurred his scientific view. the Indian "meets death with more deliberation" than any other race on earth. gave him new resources. Dumas Malone. Jefferson stoutly defended them against charges of deficiency in sexual ardor and lack of familial affection. was never finished. "his friendships are strong and faithful to the uttermost extremity. he listed the tribes with a fullness and precision which were uncommon of his era.men of the New World were degenerate. the office. which is the basic principle of modern archeological investigation. Coming home from Washington: Among these effects was a trunk containing the Indian vocabularies. This great ethnological treasure. 1997). His lifetime interest in Native Americans can also be seen in his long term effort to collect and catalogue Indian vocabularies. alas." "timid and cowardly. this trunk was stolen." with "no vivacity. and praised them for their courage and sense of honor. When he sent Lewis and Clark on their expedition of the Louisiana Territory he tasked them to collect linguistic records of all the tribes they encountered. Jefferson contested Buffon's statement about the notion that the Native American "savage" was "feeble. In the course of excavating an Indian mound on his property he invented the method of "stratigraphical" observation. He had always been interested in Indian folklore and the origins of Native Americans. perhaps as way of relieving the stress of office. He discussed the Native Americans with an objectivity which was also rare for his time. On July 4. 1951). But. 1801. also. he thought it probably greater among the American Indians than among the great body of people in Europe. In his personality there was a natural archaeologist. his first year as president. He worked on this extensively during his Presidency. no activity of mind. some fifty in number. At the end of Jefferson's second term they were lost to a pair of ferrymen who thought that the President's baggage contained treasure." On the contrary. In Notes. Jefferson held a reception for five Cherokee chiefs where he queried them for his vocabularies study. "As for happiness. stated Jefferson." (Burnstein. feels that the statements relating to Indians in the Notes on Virginia can be matched in passion only by those extolling freedom.
and even to offer vaccination for smallpox to the Indians. Jefferson's use of political office to further his romantic study of languages is tempered by the rational politician. as a responsible statesman he was to grapple with the problem of depredations and massacres on the frontier. Jefferson outlined a plan for removal of all Native Americans east of the Mississippi to make sure that this land would never fall to the French or the British. he was to receive visits from Indians. but the idea of questioning the right of an overflowing population to occupy scarcely populated territories did not for a moment . Jefferson then instructs Harrison on how to get rid of every last independent tribe between the Atlantic states and the Mississippi. This balancing act caused. On the other hand. 1981). in a lengthy letter to William Henry Harrison. In some of his comments on this irreparable loss Jefferson seemed vindictive. to cultivate their affectionate attachment from them. 1948)... Only a few defaced leaves of the vocabularies were saved. by everything just and liberal which we can do for them within the bounds of reason.Towards the end of May a reward for its recovery was offered by his agents in Richmond. Even the area west of the Mississippi would no longer be available to the Indian. This was certainly a very regrettable situation. trade. In secret messages to his cabinet and Congress.He was to observe this race as a philosopher and to inquire into its languages." (Malone. explained the nation's policy "is to live in perpetual peace with the Indians. 2000). military governor of the Northwest Territory." Having said that. during his first term. (American Heritage. he had ordered Lewis and Clark to offer friendship. It was reported in June that the papers from the trunk had been discovered in the James below Lynchburg. education. Jefferson was even less sentimental and more direct during his second inaugural address in 1805. (Montgomery. Later in the summer after the culprit was caught and on trial he stated with apparent satisfaction that the thief would doubtless be hanged. he embarks on a cold-blooded policy toward Native Americans. On one hand. almost. 1972). (Malone. "As governor and President. as soon as Louisiana was purchased. a detachment by him concerning his actions toward Native Americans. Jefferson.
3d. To deny such a right would have been not only detrimental to the very existence of the United States. Our experience has shown that this must be the last step of the process. (As cited in Mayo. This. he devised a scheme to "civilize" the Native American. Even though Jefferson's plan never came to fruition. to calculate that value. the Native Americans must change. 1972). The Creeks and the Cherokees are advanced thus far. it rescued the United States from policies that had endangered its experiment in popular . but also a denial of the "right" of "our Saxon ancestors" to settle in England. 2d. The plan of civilizing the Indians is undoubtedly a great improvement on the ancient and totally ineffectual one of beginning with religious missionaries. etc.. (Chinard. and the men labor. the women spin and weave. For twelve years after George Washington's inauguration. arithmetic. The territory of which the Indians had so long enjoyed undisturbed possession was growing narrower every day. Furthermore. 4th. the President was confronted with a certain set of facts and not with theory. was "as real a revolution in the principles of our government as that of 1776 was in its form". to raise cattle. writing. and here they begin to enclose farms. and the Cherokees are now instituting a regular government. Jefferson informed one correspondent. Even out of office Jefferson held this view. In his plan for the University of Virginia. and thereby acquire a knowledge of the value of property. or become extinct. it was to be foreseen that they would not be able to roam freely much longer in the vast territories extending west of the Mississippi. The following is what has been successful: 1st. With the recent acquisition of Louisiana. Thus. 1964). become Europeanized. to keep accounts. along with his governmental policies. the infant federal government had been directed by a Hamiltonian design for national greatness.enter Jefferson's mind. 15. In what ways did Jefferson believe that agrarianism would promote democracy? Jeffersonian Democracy has never been described more economically or elegantly than in Thomas Jefferson's inaugural address in 1801. laid the basis for the end of most Native cultures. to read Aseop's Fables and Robinson Crusoe are their first delight. it did set the tone for relations with Native Americans. The election of 1800.
by contrast. The Republicans. "in all their rights.self-governance and had undermined the constitutional and social groundwork of a sound republican regime. they believed that Federalists had rendered the United States subservient to Britain and had actually preferred a gradual reintroduction of hereditary rule. from leaders whose commitment to democracy itself had seemed un-certain. corrupting link between the federal executive and wealthy moneyed interests. Alexander Hamilton had faced toward the Atlantic and supported rapid economic growth." were "the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies. The Jeffersonian Republicans would set the Revolution back on its republican and popular foundations. not clung to for its broader economic uses while the interest payments steadily enriched a nonproductive few and forged a dangerous." The national debt would be retired as rapidly as preexisting contracts would permit. Supported by a broad interpretation of the Constitution. where a republic resting on the sturdy stock of independent farmer-owners could be constantly revitalized as it expanded over space. envisioning the quick emergence of an integrated state in which the rise of native manufactures would provide materials for export and a large domestic market for the farmers. While they had always advocated freeing oceanic commerce and providing foreign markets for the farmers. They would certainly. loose a spirit of equality and a commitment to limited government that would characterize the nation for a century or more to come. the central government would conscientiously withdraw within the boundaries that they believed had been established when the Constitution was adopted. As Washington's secretary of the Treasury. Jeffersonian ambitions for the nation focused much more on the West. as most historians would see it. not . State militias. Under Jefferson's (and then James Madison's) direction. his economic and financial policies were intended to equip the young nation with institutional foundations comparable to those that had permitted tiny Britain to compete effectively with larger nation-states. and he carefully avoided confrontation with that power. assuming that the states. were more concerned about the preservation of the relatively democratic distribution of the nation's wealth.
They may also have protected slavery.9% to 57. commerce. of whatever state or persuasion. poor farmers. the struggle for equality continues into the present time." to religious freedom." Committed to "equal and exact justice to all men. women's struggle for equality was and is a long and hard battle. And lastly. he was elected to Congress from Tennessee." The Jeffersonian Republicans. and a war hero. profoundly shaping its religious landscape as well as its political institutions and ideas. were quintessentially the party of the people and the champions of the republican Revolution.professional armed forces. the percentage of white males voting in presidential elections increased from 26. and honest friendship with all nations. Their principles democratized the nation. The women who embarked on this crusade in the mid-1800s were courageous. had been gravely threatened during the final years of Federalist rule). Internal taxes. produced a war with Britain.6%. defying most respectable standards of their time to stand up for what they believed. a spirit of equality spread through American politics. as Jefferson conceived it. entangling alliances with none. ALso. freedom of the press. during peacetime. When he became president. 16. died before he was 15. The federal government would cultivate "peace. Everyone admired Jackson as a patriot. would protect the nation during peacetime. Before he was 30. religious or political. Though suffrage was gained in 1920. His parents. What was the impact of industrialization on women? In 1855. In 1824-1828. shall leave them otherwise free to regulate their own pursuits of industry and improvement. He also fought with the Patriots in the American Revolution. democracy expanded as people who had not been allowed to vote voted for the first time. and shall not take from the mouth of labor the bread it has earned. a self-made man. and contributed essentially to both sides of the argument that led to civil war. How did Andrew Jackson change the role of the presidency 17. . the Jeffersonians would conscientiously pursue "a wise and frugal government which shall restrain men from injuring one another. as Jefferson or Madison conceived it. would be left to the states. and other constitutional protections (many of which. some states had loosened or soon would loosen the property of requirements for voting.
for the success of the farm depended on them both. loving wife who was totally subservient to the men around her. By the early 1800s women were ready to branch out from their families and make an impression on the world. women's roles in America changed somewhat. Industrialization produced further changes. some social. or disability. How did slaves resist the demands of slaveholders? If you mean how did slavery stop. Numerous women's organizations were formed. the women. How did the Second Great Awakening transform American religious culture? The second great awakening made people greatly sway to more religion 19. but many bound on doing social work. it was necessary for both husband and wife to put in a full day's labor. women were left with a little more time to devote to other projects. influencing only the men In their family. and responsibility must be honored. her job was to be a meek. abolitionists were the main cause. creed. they fought for slaves and tried to get an act going throughout America that would make slavery illegal. such as spinning and weaving. Between 1750 and 1850.In the nineteenth century. 20. •I believe in equal rights. and equal opportunity for all. In an agrarian society. obedient. ability. regardless of race. age. As factories began to do many of the things women had done at home previously. One example: Female associations ran charity schools and for refugees for women in need. Some parts of America made slavery illegal whilst some parts encouraged it. Some abolitionists helped slaves escape and lead them to Canada where Slavery was illegal. Clergymen began to recruit them for various reforms but always they. . The ideal woman was submissive. 18. would work in their proper sphere. Describe the political philosophy of the Republican Party I believe the strength of our nation lies with the individual and that each person's dignity. sex. most Americans assumed that there was a natural order in society which placed men and women in totally different spheres. freedom. equal justice.
if there weren't women nurses. I believe the proper role of government is to provide for the people only those critical functions that cannot be performed by individuals or private organizations and that the best government is that which governs least. vivandieres. and responsive government is government that is closest to the people. I believe Americans must retain the principles that have made us strong while developing new and innovative ideas to meet the challenges of changing times. and prosperity. I believe government must practice fiscal responsibility and allow individuals to keep more of the money they earn. I believe the Republican Party is the best vehicle for translating these ideals into positive and successful principles of government. A LOT of more men would have died 22.I believe free enterprise and encouraging individual initiative have brought this nation opportunity. Finally. freedom. To what extent is it valid to claim that Reconstruction was a failure? To what extent was it a success? Failure becuase it basically crippled the south. women played a big role in the Civil war. . and human rights throughout the world. How did the newly freed people try to take control of their fate during Reconstruction? . One exslave spied of Jefferson Davis by working for him as a maid! And dont forget. economic growth. helped out the north a bit though 23. laundresses. and undercover soldiers. I believe the most effective. I believe Americans value and should preserve our national strength and pride while working to extend peace. sanitary and christian commission workers. What role did women play in the Civil War? Mainly nurses but also housing troops. . spies. incoln's Ten Guidelines . newspaper writers. responsible. You cannot bring about prosperity by discouraging thrift You cannot help small men by tearing down big men You cannot strengthen the weak by weakening the strong You cannot lift the wage earner by pulling down the wage payer You cannot help the poor man by destroying the rich You cannot keep out of trouble by spending more than your income You cannot further brotherhood of man by inciting class hatred You cannot establish security on borrowed money You cannot build character and courage by taking away man's initiative and independence You cannot help men permanently by doing for them what they could and should do themselves 21.
tremendous economic and social changes. the . and generally tried to protect them from former masters. popularly known as the Freedmen's Bureau. Americans faced the difficult problem of how to reconstruct both the Union and the individual southern states. associated with the rise of modern American industrialism. Congress passed the second Freedmen's Bureau Act over the President's veto and started down the collision course that would result in Johnson's impeachment in 1868. Describe the economic fate of newly freed people during and immediately following Reconstruction. Sandford (1857). had weakened its authority (see Slavery). Freedmen. to establish the scope of the powers of the national government. and to define the relations between the national and the state governments.As the Civil War ended in 1865. the war itself established the national character of the central government and the apparent breadth of its powers. helped negotiate labor contracts. the Civil War and Reconstruction precipitated a potentially revolutionary change in the federal system. Finally. leased or sold confiscated lands to the freedmen. The unpopularity of the Freedmen's Bureau among white Southerners caused President Andrew Johnson to veto an 1866 bill to extend the life of the bureau. The proslavery record of the Court. These raised constitutional issues about property rights and government regulation that would come to dominate the Supreme Court's agenda. Throughout the South. the Court's authority as expositor of the Constitution was well accepted. 24. Congress created the Bureau of Refugees. the Freedmen's Bureau established schools and hospitals. At the same time. Despite significant opposition on the part of northern Democrats aided by President Andrew Johnson. The veto outraged both moderate and radical Republicans in Congress and united them against the President. and Abandoned Land. By the end of the Civil War in 1865. especially its disastrous decision in Dred Scott v. to help former slaves make the transition to freedom. who succeeded Abraham Lincoln. Moreover. It seemed quite possible that the now‐ dominant Republican party would challenge the Court's claim to review national legislation. From 1789 to 1865 the Supreme Court's most compelling concerns had been to establish its own constitutional authority. took place in the decades following the Civil War. however. Reconstruction After the Civil War.
Republicans were deeply committed to protecting the basic rights of the newly freed slaves and of white southern unionists. Closely related was a determination that unreconstructed Confederates not be permitted to resume control of the southern states. Ultimately. because in Ex parte Milligan (1866) five of the justices opined that Congress could suspend the privilege of habeas corpus and authorize military trials—a key element of military supervision of the South—only when ordinary courts were closed by invasion or insurrection. Congress passed a Reconstruction Act (1867) that declared the Johnson‐authorized governments provisional and placed them under military authority until Congress recognized new governments to be established by constitutional conventions and subsequent elections. Moreover. Missouri (1867) and Ex parte Garland (1867) the justices by 5‐to‐4 margins had signaled their distaste for the Republican program by ruling that test oaths could not be used to bar former rebels from practicing their professions. for generosity to rebels who demonstrated renewed loyalty. But in Mississippi v. These decisions raised the profound constitutional question of the status of the southern states and people upon the close of the war. Republicans determined to establish a program to secure these goals before they restored southern states to normal relations in the Union. They had some hope of success. As northern Democrats and Johnson lost the political struggle to the Republicans. clergy. the Court refused requests . The “test oath” laws made the ability to take an oath of past loyalty a test for admission to the bar. northern Democrats. Stanton (1868). White Southerners. and President Johnson were convinced that Republicans were abrogating the rights of the southern states and unconstitutionally subjecting the southern people to military government. Leading Republicans in Congress proposed to strip the Court of the power to review national laws or to require two‐thirds majorities to rule federal laws unconstitutional. white southerners appealed to the Supreme Court. Johnson (1867) and Georgia v. in Cummings v.Republican party was able to maintain control of the national government. or other influential professions. But these commitments had to be reconciled with the general desire for a speedy restoration of the Union. These decisions led to charges that the Court was continuing its old proslavery ways. and for the maintenance of a balanced federal system.
rule. in which southerners challenged the Reconstruction Act's provision for military trials and the constitutionality of the Reconstruction Act in general. Republicans relied primarily on giving black men the right to vote through the Reconstruction Act and the Fifteenth Amendment to the Constitution. The Civil Rights Act of 1866 defined as citizens everyone born in the United States except untaxed Native Americans. Republicans tried to reshape the southern states in such a way that the state governments would themselves provide equal protection for the rights of citizens. It then declared that every citizen was entitled to the same basic rights (which it listed) as white citizens. or custom to the contrary. It forbade states from . even though the case had been pending. First. transportation. On the contrary. ordinance. The Thirteenth Amendment. and amusement places. and reduce the states to territories directly subject to congressional control. who were still subject to tribal government (see Citizenship). ratified in 1870. The Civil Rights Act of 1875 barred discrimination in inns. If politically empowered. Although several justices wanted to speed the decision. the majority refused. The Republican Program here were two aspects to the Republican Reconstruction program. But despite their concerns. take over education. Rejecting radical proposals to redistribute property. The Fourteenth. they recognized that it would be a crucial instrument for carrying out their program to provide federal protection for civil and political rights. allowing Congress to repeal the legal provision under which the case had been brought. notwithstanding any law. Republicans believed. abolished slavery. ratified in 1866. The Court exercised judicial restraint again in Ex parte McCardle (1869). The Court then agreed that the repeal had destroyed its jurisdiction. ratified in 1868 declared all persons born in the United States and subject to its jurisdiction to be citizens of the Court.from the Johnson‐organized state governments for injunctions restraining the president and his secretary of war from enforcing the Reconstruction Acts (see Judicial Review). The second element of the Republican Reconstruction program was to pass national laws and constitutional amendments barring states from depriving citizens of basic rights and mandating their equal protection. The Court's discretion helped to restore its moral authority as a neutral expositor of law. most Republicans never intended to attack the Court as an institution. black Southerners would be able to demand protection in their rights in exchange for their votes.
If the states themselves did protect rights equally obeying the mandates of the new laws and constitutional amendments. the less radical would be the practical effect on federalism of the second. and other matters—limitations that the federal courts had vigorously enforced before the war and that Article VI of the Constitution obligated the state courts to enforce as well. The form of the Fourteenth and Fifteenth Amendments indicated the leading role Republicans expected the courts to take in their enforcement. in a series of laws culminating in the Removal Act of 1875. Moreover. The Fifteenth Amendment. the national government had never been able to enforce the few provisions in the pre–Civil War Constitution that guaranteed civil liberties against state invasion. then Congress would have to enforce them. Republicans framed them on the pattern of limitations that Article I. with the national government passing laws forcing the states to fulfill their constitutional responsibilities and perhaps directly assuming the job itself. the more successfully the Republicans completed the first part of their program. In that case Reconstruction would mark a revolutionary change in the federal system. But if they refused. section 10 of the Constitution had placed on state authority to impair the obligation of contracts. laws. Republicans authorized parties to remove cases to federal courts when they could not secure federally guaranteed rights in the state courts. or property without due process of law. The primary responsibility for protecting the ordinary rights of citizens had always lain with the states. Potential in these laws and amendments was a radical change in the federal system. regulate interstate or foreign commerce. Therefore. liberty. Each amendment authorized Congress to pass appropriate legislation to enforce it. and for the first time gave the lower federal courts original jurisdiction in all such cases. In fact. or treaties. barred both the states and the United States from making racial discriminations in voting rights. as already noted. the 1875 act authorized the removal to the federal courts of any case arising under the federal Constitution.abridging the privileges or immunities of United States citizens. . from depriving any person of life. and from denying any person equal protection of the laws. and the Republicans did so immediately upon their ratification. then the practical change in the federal system would be minimal.
Grant regularly sent federal troops to keep the peace during election campaigns. Grant were reluctantly forced to protect them by direct legislation. but finally they had to direct the laws at terrorism carried out by private citizens. Congress passed laws making it illegal to conspire to violate rights secured by the Constitution and laws of the United States. by the time cases reached the Supreme Court. In 1872 . At first the Republicans aimed the laws at people acting under the color of state authority. allowing southern Democrats to regain control of their state governments through violence and fraud. When southern Republican governments proved unable to protect their citizens. But when black voters placed Republicans in control of the governments of most of the southern states. ual Federalism t first the federal courts seemed to sustain a broad interpretation of the power the Civil War Amendments had delegated to the national government to protect civil and political rights. By the mid‐1870s enough northerners were alienated by the course of events to threaten Republican control of the national government. A vocal and influential minority of Republican leaders insisted that these laws went beyond the powers delegated by the amendments. Democrats took an even narrower view of their meaning. the great majority of southern whites refused to accept their legitimacy. They resisted with terror and violence. something most Republican policymakers themselves did not desire and something that might cost them political support. Republicans ended their most dramatic efforts to intervene in the South. at the request of state authorities or United States marshals and district attorneys. the Republican Congress and President Ulysses S. The Force Act of 1871—often called the Ku Klux Klan Act—authorized President Grant to suspend the privilege of habeas corpus and use troops to suppress violence. Republican legislation after 1870 made the revolution in federalism that had been potential in the Civil War Amendments real. As a consequence. many Americans had begun to worry that national efforts to protect rights were undermining the federal system. arguing they were aimed at state action alone. However.Republicans hoped that further national legislation would be unnecessary because more direct national enforcement would threaten the balance of the federal system.
No matter where they drew it. The Court's decision demonstrated its concern that congressional legislation might alter the federal system too radically. authorizing all legislation “appropriate” to carry out their . and the day‐to‐day relations of local citizens all were on the state side of that line. the justices affirmed that the national and state governments were equally sovereign and supreme in their own spheres. Although the majority of the justices of the Supreme Court after the Civil War identified with the Republican party. This concern reflected the general understanding of federalism that most Americans shared in the nineteenth century. United States. Day (1871). they made clear that they adhered to this traditional understanding. The Court ruled that only the state and the defendant were parties in a criminal case and that therefore Kentucky's indictment of Blyew raised no issues under the Civil Rights Act. nearly all agreed that there was some line separating state from federal jurisdiction and marking an area where state authority was supreme. health and safety regulations. In Collector v. In cases such as Texas v. with neither subject to the other within those spheres. Like other Republicans. White (1869). which scholars call dual federalism. most of the justices were committed to the principle that in carrying out these responsibilities the states must not invade the liberty of citizens or discriminate against citizens on racial grounds.the Supreme Court heard its first case testing a Reconstruction law. Congress. Blyew v. but federal marshals removed them from state hands and brought them to trial in the federal district court because Kentucky did not allow blacks to testify in cases to which they were not parties. the justices held. But the Blyew case had raised the specter that the national government would enforce that policy by replacing state law enforcement in general—in this case replacing the state's murder prosecution with its own. Since the enforcement sections of the Civil War Amendments gave the broadest latitude to congressional power. could not have intended that the federal courts take jurisdiction of any case in which a party alleged that a black witness might give evidence. Ordinary criminal law enforcement. Kentucky had indicted them. the Court held that the Constitution imposed implied limitations on national authority to legislate within state jurisdiction. even when carrying out expressly delegated powers. Blyew and an accomplice had been convicted in federal court of murdering blacks in Kentucky.
The Slaughterhouse decision did not make clear just what were the “privileges or immunities of citizens of the United States. It did not involve the rights of blacks at all. 78). Ordinary rights. The first dispute to directly test the meaning of the Fourteenth Amendment before the Supreme Court raised the problem starkly. Nothing could have been better calculated to demonstrate to the justices the far‐reaching potential of the Fourteenth Amendment.provisions. Instead. the Slaughterhouse Cases (1873) involved Louisiana butchers who claimed that a health law regulating the slaughtering of animals deprived them of their right as citizens to freely practice their occupations. it would encourage future Fourteenth Amendment challenges to ordinary state laws simply by considering the issue. It would. such as those to follow one's occupation. make the Court “a perpetual censor upon all legislation of the states” that could be construed to violate someone's civil rights (p. since those were the privileges Americans had held in their relationship to the government of the United States. any federal laws that “are plainly adapted” to achieving a purpose authorized by the Constitution were “appropriate” and thus constitutional (p. the majority of the justices arrived at a tortured construction of the Privileges or Immunities Clause of the Fourteenth Amendment. and dispose of property were associated with state citizenship and were not the subject of the Fourteenth Amendment. 421). Even if the justices ruled that the law was a reasonable exercise of the state's police power. Maryland (1819). In Hurtado . make contracts. The result of this opinion. The judges in effect avoided a result that Republicans had not intended when they passed the Fourteenth Amendment by construing an important section of it in a way they had not intended either. as distinct from those they held as state citizens. the majority of the justices said. was virtually to eliminate the Privileges or Immunities Clause as protection for civil liberty. never reversed. According to the principle firmly established in the great case of McCulloch v. The amendment barred the states only from depriving persons of those privileges or immunities they held as United States citizens.” Some federal law‐enforcement officials maintained that they must include those specified in the Bill of Rights. To avoid the result. the prospect was very real.
The amendment did not authorize the national government to protect rights directly. the Fifteenth Amendment did invest people with a positive right to vote without racial discrimination. To preserve traditional federalism the Court posited the state‐action doctrine of the Fourteenth Amendment. which was not framed in terms of state action. The justices manifested a similar concern for maintaining the federal system in cases involving federal prosecutions of criminal conspiracies to deprive persons of their constitutional rights. Despite its apparent state‐action language. the Court interpreted the meaning of the amendment's Due Process Clause in a way that clearly precluded it from protecting any of the liberties specified in the Bill of Rights. The justices also firmly sustained national power to prosecute any state officer. The justices dismissed dual‐federalist objections and sustained Congress's power to authorize the removal of cases from state to federal courts when parties could not secure equal rights there. he Court Restricts Reconstruction Reforms n a series of cases. Replacing state enforcement of ordinary laws with federal enforcement posed too great a threat to the federal system. But the Court drew the line when the federal government tried to prosecute private citizens who did not act under state authority. California (1884).v. The Thirteenth Amendment. did authorize Congress to protect basic rights of freedom against violation from any source. the justices tried to work out a position that both preserved the federal system and saved national power to protect the fundamental civil and political rights of the former slaves. They sustained the Ninth Circuit Court's vigorous defense of the rights of Chinese against discriminatory legislation in California and Nevada. the justices held. they rejected arguments that prosecution of state officials violated the basic tenet of dual federalism—that the state and national governments were equally sovereign and that neither could be subjected to the other. and Congress could . The government could act only against state action that deprived rights. even a judge. But only the most fundamental of rights came under that protection. who violated Fourteenth or Fifteenth Amendment rights or laws governing federal elections. The Court's language has been taken to mean that only positive state actions are subject to the amendment. articulated with particular clarity in the Civil Rights Cases (1883).
Bowman (1903) the Court applied the state‐action doctrine to the Fifteenth Amendment (see Segregation. Likewise. new law to enforce the Fifteenth Amendment in 1890. In Plessy v. the Court for decades ignored the equality part of the separate‐but‐equal doctrine and never applied it to laws mandating segregation of private business. The Court therefore declared several provisions of the Enforcement Acts unconstitutional because they failed to specify that private individuals could be prosecuted only if they deprived people of rights on account of their race or previous condition of servitude. ruled the Civil Rights Act of 1875 unconstitutional. and it could pass any law whatsoever to protect their integrity. In the political climate of the times. the Court found indictments wanting for failing to specify such racial motivations. while articulating grounds under which Congress could protect fundamental rights under the Thirteenth Amendment. In James v. but the actual decisions in which these positions were taken badly undermined the Republican Reconstruction program.enforce that right against anyone who violated it whether under color of state authority or not. the nature of the federal system implied that Congress had plenary authority over federal elections. Finally. and it has generally been condemned by historians and . Likewise. Republicans had avoided framing Reconstruction statutes in such a way as to specifically protect blacks from discrimination. Although the decision found separate‐but‐ equal facilities to conform to the Equal Protection Clause of the Fourteenth Amendment. Observers naturally noted its trenchant articulation of the state‐ action doctrine and the apparent endorsement of racial discrimination more than its reservation of power to Congress. De Jure). new justices on the Supreme Court did take overtly racist constitutional positions. Ironically. the Civil Rights Cases. Ferguson (1896) the Court sustained state‐required segregation of government and other public facilities in an opinion that not only found the laws constitutional but that seemed to endorse them. All this suggested rather broad congressional power to protect civil and political rights. In sum. after Congress narrowly failed to pass a tough. the Supreme Court's effort to preserve both the federal system and national power to protect rights proved a failure. Finally. the decisions were perceived to be virtual endorsements of southern violence and signs of hostility to Reconstruction in general.
no longer isolated. permitting the substitution of low‐paid unskilled and semiskilled labor for highly skilled craftsmen. Congress established a protective tariff to shelter American industries from international competition in their home market. it simplified jobs. and regulated both the amount of currency in circulation and its distribution. construction. especially in the West and South. always exported in large amounts. Beginning in the 1910s. marketplace. the United States had always been a commercial nation. and to some degree international. created a national banking system. precipitated by the application of steam engines to sea and land travel. where farm debt was highest. But between the Civil War and the first decade of the twentieth century. with another three million in trade and finance. although a system of protective tariffs kept international competitors out of American markets. the improvement of harbors. In 1900 nearly eleven million people worked in manufacturing. the Court began a slow process of ruling unconstitutional state laws that too overtly violated the Civil War Amendments. had to meet competitors from around the nation. The Constitution itself was framed and ratified by men who believed that commercial success required stronger central government. Not only did new industrial technology increase the amount one worker could produce. Both goals were accomplished by the application of technology to manufacturing. and transportation. outnumbering those in agriculture by some three million. created a national. Companies sought to survive price competition by increasing output while reducing production costs. Not until the middle of the twentieth century would it reverse the crippling decisions of the 1890s and 1900s. Prices declined for many crops and economic pressure on farmers intensified. Local manufacturers. A great revolution in transportation.legal scholars. Federalism and Economic Change From its founding. the establishment of . American agricultural products. Huge industrial concerns began to replace small producers. came into competition with newly opened European and Asian agricultural regions. The nationalization of the economy led the federal government to take a larger role in promoting and regulating it. It subsidized railroad and canal building. mining. who have often failed to recognize the degree to which the effort was made. commercial activity expanded and changed radically.
Shocked by the proliferation of demands for such legislation—by farmers. The triumphant antislavery movement had embodied this understanding. The traditional system had been based on a equality of power between contracting parties that the growth of big business destroyed. Like the national government. In 1887 Congress established the Interstate Commerce Commission to regulate railroads. Such regulations smacked of “class legislation”—the use of government power to benefit one person or class in the community at the expense of another. State Regulation economic and social changes also put pressure on state governments. which had to provide services to a growing. and the operation of international steamship companies. The fervor of the antislavery struggle recommitted most Americans to this system just as economic change made its effectiveness questionable. or to protect consumers in general from the growing power of producers and transportation companies. state governments had always responded to demands to help develop American transportation and industry.rural roads and stage lines. by workers. granting to black Americans the same ability to protect their interests as whites. It came under pressure to set an example in labor relations by establishing an eight‐ hour day for government employees. by blacks in the South and immigrants in the cities of the North—many Americans perceived a concentrated “socialistic” or “agrarian” demand for the redistribution of property. but in a simpler society the free market had seemed to provide adequate regulation. it began to exercise a national police power through regulation of interstate and foreign commerce and by barring the importation of undesirable goods and banning their distribution through the mail or interstate commerce. Some of these activities came under attack in the courts for going beyond the powers the Constitution delegated to the national government. and in 1890 it passed the Sherman Antitrust Act to combat overconcentration of economic power. they insisted that . workers. and others from the sometimes devastating effects of the change. with individuals protecting their own interests through freely made contracts. Yet many objected to demands for government regulation to protect farmers. Slowly. more urban population and faced demands from various groups to help cope with problems that grew out of the economic transition. In response.
Some state regulations were designed to bring these “alien” forces under a degree of local control and prevent the worst abuses. it had to decide not only what the Constitution permitted government to do. The Court had to deal with the beginnings of the modern regulatory state in the framework of a federal system.government had no right to redistribute wealth. they maintained. They barred contracts that called for payment in company scrip. and the government must not intervene. or infringed on interstate commerce. were controlled by northeastern financial interests. the Patrons of Husbandry. unfairly transferring wealth from one region of the country to another. arguing that such legislation violated constitutional protections of liberty. especially the railroads and insurance industry. The Court was committed to preserving the traditional federal system. Nonetheless. the owners and managers of the regulated industries complained of local bias. The free market distributed rewards justly. In turn. businessmen often turned to the courts—and ultimately the Supreme Court—for succor. unfairly oppressed out‐of‐state corporations. Defeated in the legislatures. which made employment dependent on an agreement not to join a union. they set maximum working hours. As labor began to organize. yet it was extremely sensitive to the pressure on local governments to discriminate against outside economic interests on behalf of their own. The problem of adjusting constitutional doctrines of federalism to the modern national economy proved particularly difficult. since the national companies. . it must follow the “let‐ alone” principle—what political economists call “laissez‐faire. At the behest of farmers and small businessmen many states passed so‐called Granger laws (named after the farmers' organization. and they forbade the employment of women and children in certain capacities. or Grange). some states banned yellow dog contracts. These laws created commissions to regulate the practices and rates charged by railroads and grain warehouses.” Moreover. They created safety bureaus to set working conditions in mines and dangerous industries. southerners and westerners viewed excess profits and rates that favored eastern over local merchants as exactions. state governments often responded to demands for regulations. but which government had the constitutional authority to do it.
The federal courts also took a generous view of the Removal Act of 1875. subject only to the supreme Court's certification by writ of certiorari that it accepted an appeal. Local governments alleged that many of the bonds were secured or issued fraudulently. Dubuque (1864) the Court protected the out‐of‐state investors. the Court overturned freight taxes levied on interstate commerce. the justices were aware of the economic burdens that a myriad of conflicting local regulations placed upon national businesses. The Court took a firm line when western and southern state and local governments tried to escape paying the principle and interest on bonds issued to subsidize railroad building or to avoid fulfilling guarantees to pay off railroad company bonds when a company defaulted. Taxing District of Shelby County (1887). they declared that the insurance . for example. out‐of‐state corporations became more and more likely to take advantage of new laws to bring cases in federal rather than state courts. Yet the justices also tried to maintain states' authority to regulate businesses within their boundaries. which ultimately forced Congress to restructure the federal judiciary in the circuit Court of Appeals Act of 1891 (see Judiciary Act of 1869). In Paul v. Missouri (1876) and Robbins v. All this end to a significant increase in the business of the Supreme Court and the other federal courts. The key cases were Welton v. Similarly. That law created federal circuit courts of appeals with final jurisdiction in many areas. If the states succeeded in repudiating the debts. But in a line of cases stemming from Gelpcke v. State courts ruled guarantees of railroad bonds null and void because legislatures had lacked the constitutional authority to issue them. The Court likewise protected representatives of out‐of‐state corporations from special taxes and discriminatory license fees. Virginia (1869). At the same time. The issue arose as many railroads failed to complete their lines or went bankrupt in the hard times of the late 1860s and the 1870s. The first overturned a law requiring licenses to sell goods produced out of state. the second overturned a law requiring a license of all traveling salesmen. eastern and foreign bondholders would be the losers. permitting almost any out‐of‐state corporation to remove a case from the state to the federal courts on an allegation of bias.Likewise. holding that such repudiation violated the Constitution's obligation‐of‐contracts clause.
left 20 electoral votes in doubt. St. v. In Munn v. The Court sustained state taxes challenged on the ground that they inhibited interstate commerce. why were there were no Republican governments left in the South? In order to settle the contested 1876 election. and civil rights laws that states had applied to interstate transportation companies. and Louisiana. It began to overturn various health. and. Tilden led Republican Rutherford B. Republicans would provide federal aid for internal improvements. Hayes in popular votes. with one independent. safety. and 203-165 in the electoral college. Florida. however the Court decided that such authority was incompatible with the national transportation system that had developed. They then reaffirmed the old rule that states could bar companies incorporated elsewhere from doing business within their boundaries. Republican Joseph Bradley replaced him. and the commission gave Hayes all 20 votes. Splitting over each state's contradictory returns. The South would accept Hayes's election. patronage. Democrat Samuel J. prompting a Democratic filibuster. Justice David Davis. Representatives of the candidates and parties then negotiated a compromise through correspondence and at a meeting at Washington's Wormley House. By 1877. Illinois (1877). divided by party. In Wabash. but fraud and violence in South Carolina. precipitating the creation of the Interstate Commerce Commission in 1887. When Davis declined to serve. Illinois (1886). Louis & Pacific Railway Co. and questions about an Oregon elector's eligibility. By the 1880s. it limited state power over railroads in general. back Republican James A. 25.business involved state rather than interstate commerce. Garfield for House Speaker. and protect black rights. it upheld the far‐reaching authority states granted to their railroad commissions. the Democratic House and Republican Senate created a fifteen-member electoral commission of ten congressmen and five Supreme Court justices. a bargain was struck that also ended Reconstruction. . The Court at first sustained state efforts to regulate interstate railroads. It sustained state temperance and prohibition legislation against challenges that it trespassed on the interstate commerce power reserved to Congress.
the government failed to subsidize improvements. The final southern Republican governments.especially. all in the disputed states. But Garfield was defeated for Speaker. leading to the Democratic Solid South and violence and discrimination toward blacks. . collapsed. home rule. and Hayes dispensed patronage and followed existing policy by removing federal troops from the South.
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