Chapter 66c. Creating Republican Institutions, 1776–1787When the Patriots became independent, they faced political authority issues.Which will have power: the states or the national government?Average citizens or traditional elites would run the new republican institutions?Would they give women more legal and political rights?What would be the slaves’ status?6c1. THE STATE CONSTITUTIONS: HOW MUCH DEMOCRACY?The Second Continental Congress encouraged Americans to deny royal authority and develop republican governments in 1776 (2 months before declaration).MD, VA, NC, DE, NJ, and PA approved new constitutions within 6 months, and RI and CT had reformed their colonial charters and removed references to the king.However, republicanism was more than just ousting the king.The Declaration of Independence stated that it is the people’s right to choose (popular sovereignty) to “derive their just powers from the consent of the governed.”Farmers in Mecklenburg County in North Carolina told their representatives to oppose anything related to aristocracy. They wanted everyone to have power except slaves.In the South, if you were born rich you die rich, and if you were born poor, you die poor.In 1776 voters in Virginia elected a new assembly of common men.A. PENNSYLVANIA’S CONTROVERSIAL CONSTITUTIONThis democratic reform prospered in Pennsylvania through the Scots-Irish farmers, Enlightenment-influenced intellectuals, and Philadelphia artisans. In 1776, these rebels removed all the officeholders of the Penn family’s government, removed the requirement of property ownership to vote, and gave the right to hold office and voting to taxpaying men. The Pennsylvania constitution of 1776 created a one house (unicameral) legislature with all the power, and there wasn’t any governors to veto. They formed a system of education and protected those who were in debt from imprisonment. The democratic constitution of Pennsylvania frightened a lot of Patriot leaders. John Adams criticized the unicameral legislature from Boston, because it was so democratical and will lead to confusion. He also wanted men holding office to have education and warned the Aristocrats that if commoners got power, they will take away their properties.Key Terms-Pennsylvania constitution of 1776: A constitution that gave voting and holding office rights to taxpaying men, and developed a one-house (unicameral) legislature with all the power. There was also no governor to veto.B. TEMPERING DEMOCRACY Thoughts on Government was published by Adams in 1776 to counter the constitution of Pennsylvania. He used the mixed government theory by the British Whig to form separate institutions. Laws would be made by legislatures, administered by the executive, and enforced by the judiciary. He also demanded a two-house (bicameral) legislature with property owners in the upper house, so they can counterbalance the people in the lower house. Also, he proposed the idea of an elected governor with the power to veto and appointed judiciary. Conservative Patriots supported Adams’s system. In the constitution of New York, property requirements for voting omitted 20% of white men from assembly elections and 60% from casting ballots for the upper house and governor. Elite planters in South Carolina used property rules to omit 90% of white men from holding office. The 1778 constitution required that the governor candidates have to have a £10,000 debt-free estate, senators must be worth £2,000, and assemblymen to own £1,000 property. Even in Massachusetts, the constitution increased property requirements for holding office and voting, and altered the lower house toward the mercantile and eastern interests. The Revolution’s political legacy was complex. Radical Patriots in Vermont and Pennsylvania were the only ones able to develop true democratic institutions. In the new states, representative legislatures got more power, and commoners had more power at polls, and more influence in the government.Key Terms-Mixed Government: The theory of Adams from Thoughts on Government (1776), in which he proposed the idea of 3 government branches: legislative, executive, and judicial. This system helped balance power and ensured the governmental procedures’ legitimacy.6c2. WOMEN SEEK A PUBLIC VOICEThe Revolutionary era tested the principle that only men were allowed in politics.All public institutions were run by men, however upper-class women were involved in political debate and expressed their opinions, thus defying their men.Most women demanded an end to the restrictive laws and customs.Abigail Adams insisted on equal legal rights for all married women. Before, they couldn’t file lawsuits, own any property, etc.If she bought any war bonds, a male relative would have to hold them in a trust run.Women’s requests were ignored, and men just wanted the political and sexual privileges.Husbands were still patriarchs, and even the young who wanted companionate marriage didn’t demand legal equality for women.New Jersey allowed for widowed and unmarried women to vote until 1807, but in all the other states women didn’t have any voting rights. New Jersey increased the voting rights for women after 1807.Only white men in the republic had the enjoyment of full citizenship.Their belief in the need of educated citizens allowed some women to have education.Judith Sargent Murray wrote “On the Equality of the Sexes” to support that women had the same memory capacity as men.She stated that women had a better sense of reasoning and judgment than men, but they don’t have as much knowledge.Massachusetts’ attorney general claimed that girls had the right to go to schools in the 1790s.Women and men literacy rates in the northeastern states by 1850 were equal. “Educated women again challenged their subordinate legal and political status.”6c3. The War’s Losers: Loyalists, Native Americans, and SlavesLoyalistsNative AmericansSlavesThe leaving of 100,000 Loyalists helped in the republican institutions’ success. Also, they lost a lot of money as a result of the Patriots seizing their property and giving it away to the poor. However, those properties were sold to the highest bidders, and the poor farmers didn’t really benefit from them. Patriot merchants in the cities became at the top of the economic ladder. Also, republican entrepreneurs promoted domestic manufacturing and new trading experiments. This shift eased the economic development in America.Their land claims were destroyed, because owning land became so significant to the Americans. Land claims of Native Americans became obstacle to the Americans, and prevented them from having their natural advantages.Property rights were protected in the Revolution. This caused for punishment if anyone tried to free the slaves. Slaveholders used Revolutionary rights to justify owning human property. They did this because Virginia Methodists tried for a general freedom of all the slaves in 1785. It was said that freeing the slaves would cause “Want, Poverty, Distress, and Ruin to the Free Citizen.” The white Americans’ desires came at the cause of the Native Americans and slaves.*Shared with Ryan Real6c4.THE ARTICLES OF CONFEDERATIONAfter independence, the Patriots wanted a central government that had limited power.Carter Braxton stated that the Continental Congress should be in charge of war, trade, peace, and alliances. However, they can’t be involved with the states.They were afraid they would become their own enemy, so they passed the Articles to be weak on purpose. It was powerful enough to be successful, but not to powerful so people get suspicious.The Continental Congress approved the Articles of Confederation in November 1777.Each state kept its own freedom, independence, and sovereignty.The Confederation had to be involved in the states affairs, because the states are the ones who provide money and people.Each state had only one vote whatever is its population, size, or wealth.When you force equality, you lose fairness.9 of the 13 states had to approve for important laws to be passed. All of the states’ approval was required to change the Articles.The Confederation had major powers only on Paper, but it had a lot of weaknesses.They could:Make treatiesDeclare warJudge between statesPrint and borrow moneyDemand funds from statesThe Confederation didn’t have a judiciary or a chief executive. At first they had 9 presidents before George Washington.If they had an chief executive, people may not have supported him.As a result of the states being sovereign, the Confederation couldn’t enforce any provisions. They could only ask or tell.Also, it couldn’t tax states or people, or regulate trade.Even though, the Congress had power since 1776 like negotiating treaties, raising Continental army, and finance wars, the Articles got formal approval in 1781.The delay came as a result of the conflicts over the western lands.The royal charters of Massachusetts, Virginia, Connecticut, and others stretched boundaries to the Pacific Ocean.Pennsylvania and Maryland(didn’t have western lands) did not accept the Articles until those states gave up their claims.Virginia gave up their claims after Cornwallis’s army threatened them in 1781. Finally, Maryland accepted the Articles. In 1781, we were 9 states.A. Continuing Fiscal Crisis The central government was going to be bankrupt by 1780, so Washington demanded a national tax system to save their cause. In 1781, Robert Morris became in charge of finance, some Patriots tried to increase the authority of the Confederation by convincing the Congress to charter the Bank of North America in Philadelphia which would help stabilize the Continental currency. A central bureaucracy was created to manage the finances of the Confederation, and encouraged the Congress to enforce 5% tax on import. However, this proposal was denied by New York and Rhode Island. Congress wanted to sell the western lands for revenue. In 1783, it declared that the Treaty of Paris took the land rights from the Indians and gave them to the US.B. The Northwest Ordinance The Continental congress issued 3 ordinances between 1784 and 1787. Thomas Jefferson wrote The Ordinance of 1784; it declared that if the population of territories grew, they would be considered states. The Land Ordinance of 1785 developed the rectangular-grid system, and put a minimum price of an acre ($1). Also, 1/2 of the townships had to be sold in 23,040 blocks; only wealthy speculators could pay that much. The rest was sold in 640 parcels, which only well-to-do farmers could afford. In 1787, the Northwest Ordinance created the territories of Indiana, Ohio, Illinois, Wisconsin, and Michigan. Slavery was prohibited, and schools were supported from land sales’ funds. When their population reach 60,000, they could apply for joining the Confederation. The land ordinances allowed for the creation of new states based on equality. Also, they expanded the geographical division between free and slaves’ areas. They took away land claims from North America to many lands which would lead to war.Key Terms-Northwest Ordinance of 1787: An act that allowed for orderly settlement. Also many states were established as a result of this act like: Indiana, Ohio, Illinois, Wisconsin, and Michigan. Slavery was banned in the Northwest Territory.6D. The Constitution of 1787The issues with the Articles ultimately led to the drafting an entirely new national constitutionFrom its very beginning, the U.S. Constitution was very controversial It is both lauded as a fix to the nation’s problems but also condemned for soiling its republican principlesIt also divided the country’s peopleCritics yelled that the republican institutions they fought for worked only in small political units like the statesAdvocates responded that the Constitution extended republicanism by adding another level of government elected by the people thus making republicanism stronger and saferIn this new two level political federation created by the new constitution:The national government would exercise limited, delegated powersThe existing states would retain authority over all other matters6D1. The Rise of a Nationalist FactionEconomic questions such as debts, taxes, and tariffs dominated the postwar political agendaThe loudest voices for a stronger central government came from Americans who had served under the Articles as military officers, officials, and diplomatsWashington, Morris, Franklin, Jay, and Adams also chimed inThey wanted Congress to control foreign and interstate commerce and tariff policyHowever, many of the states did not agreeMA, NY, and PA, all of which had strong commercial traditions, insisted on controlling their own tariff affairsThe states wanted to protect their artisans from low-cost imports and to assist their merchantsSouthern states didn’t even want tariffs because it would raise prices on the necessary imported goods from BritainHowever, many people who supported states’ rights realized that a stronger national government was neededThey weren’t looking out for everyone as you may think!They were upset because their state legislatures had cut taxes and refused to redeem state war bonds that citizens had purchasedThey were worried that the states would never pay them back!Creditors also condemned the states that delayed the payment of mortgages and other private debtsTo undercut the democratic majorities in the state legislatures, creditors joined the movement for a strong central government so they could get PAID!Shays’s Rebellion caused even more people to call for a convention to revise the weak ArticlesThey must come up with a more effective plan for government to prevent anarchy and civil convulsions6d2. The Philadelphia Convention 55 delegates, from all the states except Rhode Island, arrived in May 1787 in Philadelphia. They were educated merchants and planters nationalists who were in the Confederation Congress. There was only one yeoman farmer, no artisans, tenants, or settlers. Thomas Jefferson and John Adams didn’t attend the convention, because they were American ministers to France and Britain. The Massachusetts General Court didn’t accept Sam Adams as he opposed the idea of a more powerful national government. Patrick Henry didn’t attend because he smelled a rat. This allowed for young nationalists to take the lead. James Madison wanted to increase national authority, and Hamilton wanted a stronger central government to protect the republic democracy.A.The Virginia and New Jersey PlansGeorge Washington was elected to be the presiding officer. They decided to leave the Articles of Confederation and consider the Virginia Plan by James Madison. He wanted to create institutions ran by respectful men. He graduated from Princeton and served in the Virginia assembly and the Confederation Congress. Over time, Madison became discouraged as the state legislators were not as ambitious as he was. His plan gave supreme power to the government, and people are the ones to establish the national government not the states. National laws operated directly on the people. People can vote in the lower house of the national legislature elections, and those would choose the upper house. Then both would select the judiciary and executive. His plan had 2 flaws. Most citizens and state politicians didn’t want to allow the national government to be able to veto state laws. Also, representation was based on population in the lower house. Delaware and other small states’ delegates followed William Paterson’s plan. The New Jersey Plan gave power to the Confederation to control trade, get funds from states and raise revenue. Each state had one vote and control over their own laws. Delegates from the larger states opposed this plan, and after debate, majority of the states chose the Virginia Plan. This decision increased the chances that a stronger national government would be created. John Lansing and Robert Yates “accused their colleagues of exceeding their mandate to revise the Articles and left the convention.” The other delegates met during the summer in 1787. Experienced politicians wanted a plan that would satisfy most people.Key Terms-Virginia Plan: A plan created by James Madison, and was presented during the Philadelphia Constitutional Convention. It created a strong government that consisted of 3 branches. Representation was based on population in the 2 houses of the congress. It would have weakened the small states’ voice in the national government.-New Jersey Plan: A plan by the small states to be an alternative to the Virginia Plan. It kept the single-house congress, and each state had 1 vote. It also gave power to the congregation to control trade, get funds from states, and raise revenue.B. The Great CompromiseThe Connecticut delegates suggested that the upper chamber (the Senate) consists of 2 members from each state. The House of Representatives (the lower chamber) be based on population. The large states’ delegates finally agreed to this big compromise. Other state-related issues were solved by limiting the central authority. Some delegates didn’t want a national system of courts, because the states would revolt. So, the convention gave the supreme court judicial power. The new national legislature then would decide whether to create lower courts in the states. There was no property requirement to vote in national elections. State legislatures elected the upper house members, and the states selected the people who would select the president. By doing this, they hoped people would accept the limits on states’ authority.C. Negotiations over SlaveryGouverneur Morris brought focus on slavery. He wanted senators to have life terms, a property requirements to vote in national elections, and a powerful president with the power to veto to protect property rights. However, he didn’t accept 2 types of properties, slaves and feudal dues. Many delegates from the Chesapeake region who owned slaves like George Mason and Madison knew that slavery was contradictory to republican principles. They wanted an end to slave trade in America, which angered Georgia and South Carolina. Merchants and planters declared that if the slave trade stopped they would not be a part of the Union. So, Congress didn’t get the power to control immigration until 1808. They wrote a “fugitive clause” which allowed masters to reclaim their runaway slaves or indentured servants to appease southern planters. However, they did not put the words slave and slavery in the Constitution; they replaced them with “all other Persons.” Antislavery delegates did not want to include their slaves population when determining seats in the Congress, because they didn’t have voting rights. On the other hand, Southerners wanted slaves to be counted as full citizens to have greater representation. The delegates agreed that a slave would be considered ? of a free person for taxation and representation. This allowed the southern planters to control the national government up until 1860.D. National AuthorityThe convention was able to create a strong national government by addressing the slave and small states concerns. Congressional legislation was declared the supreme law by the Constitution. The new government received the power to raise a navy and an army, control trade, tax, and make laws. The Constitution made the United States honor the national debt to help creditors and establish the government’s financial integrity. It also prevented the states from making paper money. Franklin admitted that it wasn’t perfect, but near perfection. All signed but three delegates.6d3. The People Debate RatificationThe process for approving the new constitution was so controversial. The representatives didn’t send the Constitution to state legislatures as they knew Rhode Island and other states would deny it; they needed the approval from all the states according to the Articles of Confederation. Instead, they declared that only 9 out of the 13 states had to approve for the new Constitution to be passed. The nationalists made 2 moves when the constitutional debate started in 1788. They chose to be called Federalists, because they supported the federal union, and obscured their support of a powerful national government. They also started publishing newspapers and pamphlets to explain the Philadelphia constitution.Key Terms-Federalists: Supported the Constitution of 1787. It established a powerful central government. The Anti Federalists were their opponents who thought a powerful central government would lead to the national liberty corruption.Federalist vs. Anti-Federalist FederalistsAnti- FederalistsPro national governmentPublished pamphlets and newspapers called the Federalist Papers85 essaysWritten by Alexander Hamilton, John Jay, and James Madison under pseudonyms to assure anonymity10, 17 Longer without constitution being ratified, more problems would riseWritten in 1787 and 1788Based on Montesquieu’s theories and John Adams Thoughts on Government John Adams, Alexander Hamilton, John Jay, Rufus King, John Marshall, Timothy Pickering, and Charles Cotesworth Pinckney.Able to procure the Constitution’s ratification through the promise of a national Bill of Rights.Edmund Randolph, Thomas Jefferson, Patrick Henry, George Mason, Samuel Adams, Robert Yates, James MonroeWorried of a too strong national governmentDidn’t want to create a system that would destroy the liberties they fought forWanted to add the Bill of RightsRatified 1791 Added 1793 (long after Constitution)Madison received many proposals from the states12 amendments were originally proposed1st Amendment: Freedom of Speech, Press, Religion, Assembly, Petition5 separate proposals put into oneFirst amendment is actually third4th Amendment: No illegal search or seizure5th Amendment: Right to remain silent Innocent until proven guiltyCan’t be tried for the same crime twice (double jeopardy)7th Amendment: Right to a civil caseCan sue for anything over $258th Amendment: No cruel or unusual punishment9th Amendment: Any rights not listed are up to the people (open ended)10th Amendment: All powers not given to the federal government go to the statesPublish their own essays, the Anti-Federalist papersTHEY LOSTImportant FiguresGovernor George Clinton of New YorkRural democrats feared that a strong central government would be run by rich menSmith wanted the states to be small, independent republics only joined for trade and protection.C. The Constitution RatifiedThe delegates included uneducated farmers, artisans, and educated gentlemen. Mostly, delegates from the backcountry were Antifederalists, while coastal areas delegates were Federalists. Philadelphia artisans and merchants in Pennsylvania joined with the commercial farmers to approve the Constitution. Most of New Jersey, Delaware, Connecticut, and Georgia were Federalists who wanted to counterbalance the large states’ power. Governor John Hancock, Samuel Adams, Daniel Shays’ followers, and other Patriots were against the constitution. On the other hand, Boston artisans supported the Constitution because of tariff protection from the British imports. Federalist leaders promised to create a bill of rights to get more delegates. Finally, they won. Then, New Hampshire, Maryland, and South Carolina became Federalist. Finally the Federalists reached 9 states for the approval. For New York and Virginia to support them, they had to promise more bill of rights, and they won. Most Americans accepted the ratifying conventions’ verdict because of their belief in majority rule and popular sovereignty. In France, the Revolution of 1789 caused a great divide in the society, however the American Constitutional Revolution of 1787 established a national republic which had popular support. In the seaport cities, Federalists celebrated by organizing processions. “By marching in an orderly fashion.. Federalist-minded citizens affirmed their allegiance to a self-governing but elite-ruled republican nation.”Key Terms-Daniel Shays: One of Shays’ rebellion leaders.