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Chapter 10': The Constitution and the New Republic

Framing a New Government By the 1780s, Americans were greatly dissatisfied with the ineffectiveness of the Articles of Confederation 1783 the Confederation's delegates hid to escape from army veterans demanding back pay, so there was difficulty and lack of manpower when ratifying the Peace of Paris and the Northwest Ordinances Advocates of Centralization Although the Confederation was weak, it satisfied the many who were wary of giving too much power to a national government But 1780s various groups began wanting a stronger national government: Some of the wealthy and powerful because were affected by the economic problems of the Confederation Army veterans, many of whom were members of the exclusive Society of the Cincinnati, wanted their pensions to be paid In the 1783 Newburgh Conspiracy, some briefly wanted a military dictatorship, but were blocked by George Washington Manufacturers wanted to replace the varying state tariffs with one high national tariff Merchants and shippers wanted to replace the different, ineffective state commercial policies with one national one Land speculators wanted to remove the Indian menace from their western lands Creditors wanted to stop the printing of paper money, which lowered the amount they were repaid Investors in Confederation securities wanted the government to fund the debt to increase the value of the securities Large property owners wanted protection from the threat of mobs There was a general fear of disorder and violence and a tension between defense of individual rights (ex. the Bill of Rights) and public concern for safety and security By 1786, all agreed that the Confederation needed to be changed, mainly because of its inability to tax Alexander Hamilton and the meeting at Annapolis: Was a political genius, New York lawyer, aide to George Washington, and illegitimate son of a Scottish merchant in the West Indies Always was dissatisfied with the Confederation, and now wanted a national convention to overhaul it Virginian James Madison agreed and convinced the Virginia legislature to convene an interstate conference to discuss commercial issues 1786 in Annapolis, MD only five states were represented at the meeting The delegates approved Hamilton's proposal to hold another meeting next year in Philadelphia to revise the Confederation During 1786, the delegates were doubtful that the meeting at Philadelphia would garner much interest without the support of Washington, but he was was initially uninterested

But then 1787 Shay's Rebellion occurred, and Washington was alarmed into support and gave the meeting credibility A Divided Convention May to September 1787 multiple meetings were held in the Philadelphia State House The delegates represented all states except Rhode Island, were suspicious of concentrated power, and were generally young, well-educated, represented the interests of the propertied, and feared the turbulence and follies of democracy Washington was unanimously chosen to preside over the meetings Major decisions only required a majority, not unanimity The Virinia Plan: James Madison from Virginia made a plan for a new national government, and the Virginian delegates used this to control the agenda: First, Edmund Randolph successfully and drastically proposed that a national government with separate executive, legislative, and judicial branches be established Called for a bicameral legislative branch, with states representation determined by population the lower house and by election by lower house members in the upper house Small states, ex. Delaware and New Jersey, objected because would not get much representation, and some argued that the purpose of the convention was only to revise the Confederation William Pattersons New Jersey Plan: Preserved the existing unicameral legislature but gave Congress more power to tax and regulate commerce Was not substantiated, but the small states support for it was noted Supporters of the Virginia Plan conceded and changed the electors of upper house members from the lower house members to the state legislatures, so each state was guaranteed at least one representative in the upper house Remaining questions: Would there be equal or population-determined representation in the upper house? Would franchise-less slaves be counted as part of a states population for determining representation? States with large, permanent slave populations wanted slaves to be considered as people for population purposes and property for tax purposes States with no or fading slave populations wanted slaves to not count towards population but count towards taxation None wanted to give slaves citizenship or the franchise The delegates argued for weeks, and the convention was in danger of collapse, but it stayed together, in part because of Franklins opinion that if they failed, they would set the example that revolutions were ineffective The Great Compromise: July 2, 1787 the convention decided to create a grand committee with one delegate from each state and Franklin as chairperson in order to resolve the disagreements The committee produced the Great Compromise that called for a bicameral legislature with population-determined representation in the lower house, with each slave counting as 3/5 of a person based on the assumption that a slave was 3/5 as productive as a free worker, and equal representation in the upper house, with each state having two representatives The Compromise broke through the bickering, and July 16,. 1787 the convention voted to accept it

Compromise

The issue of taxation and slavery: Southern states feared that national power to regulate trade would interfere with their agrarian, export-reliant economy and with slavery So the convention agreed that the new legislature: Could not tax exports Could not impose an import duty of more than $10 a head on slaves Would have no authority to stop the slave trade for twenty years Delegates who opposed slavery agreed to this concession because feared that without it, the Constitution would fail Other unresolved issues: Provided no definition of citizenship Made no list of individual rights that would restrain the power of the national government Madison did not want a list because said that specifying the rights would limit them Others feared that the national government would abuse its authority in the absence of a list The Constitution of 1787 James Madison resolved the philosophical questions of sovereignty and limiting power The question of sovereignty: Conflict over how both the national and state governments could be sovereign at the same time, and where ultimate sovereignty lies So Madison and co. said that sovereignty ultimately flowed from the people, so neither the federal nor state governments were truly sovereign Solving the problem of sovereignty allowed power to be distributed between the federal and state governments: The federal government had broad and non-defiable powers to tax, regulate commerce, control currency, and pass laws to facilitate its other responsibilities The existence of separate states was accepted, and other important powers were left to them Unlike the Confederation, did not give states the same powers as the national government The question of concentrated authority: The fear of creating a tyrannical government greatly frightened the founding fathers and was one of the main obstacles to creating a national government The fathers were influenced by French philosopher Baron de Montesquieu who said that government must be kept local and close to the people, otherwise the distance between ruler and subjects would breed corruption and despotism Madison, influenced by Scottish philosopher David Hume, argued that a large republic would actually be less likely to produce tyranny because there were too many different factions for one single group to dominate The Constitution distinctively separated the government into executive, judicial, and legislative branches, and gave them each checks and balances over each other: Congress would have two differently elected houses that would have to agree before a law was passed The president would have the power to veto acts of Congress The judges and justices of the federal courts were appointed for life by the president and confirmed by the Senate The division of power between the nation and the states and the system of checks and balances also protected against the tyranny of the mob ex. the people would only directly elect representatives in the House of Representatives September 17, 1787 the Constitution was signed

Federalists The meeting at Philadelphia went far beyond Congress' instruction to revise the Confederation, and so feared that the Constitution would not get the needed unanimous approval by state Antifederalists legislatures So they changed the rules so that only it only needed 9/13 special state conventions' approval These conventions were required to vote aye or nay and were not permitted to make amendments to it until it was ratified by 9 of them By early 1788, all states but Rhode Island had begun convening ratifying conventions, and a great national debate began The Federalists: Were better organized than the Antifederalists Had the support of Franklin and Washington The name Federalists used to be used by opponents of centralization, so implied that they did not support a nationalist government Hamilton, Madison, and Jay under the pseudonym Publius published the Federalist Papers, a series of essays supporting the Constitution The Antifederalists: Said that the Constitution would betray the principles of the Revolution by establishing a strong, possibly tyrannical national government Said that the new government would increase taxes, obliterate the states, wield dictatorial powers, favor the well-born over the commoners, and put an end to individual liberty Disliked the lack of a bill of rights to list the natural rights of the people, because had a basic mistrust of human nature and the capacity of humans to wield power So the great debate was essentially a battle between the two fears of disorder and concentrated power The Federalists supported and the Antifederalists opposed the Constitution because it placed obstacles between the people and the exercise of power The Constitution is ratified: Winter of 1787-88 ratification proceeded quickly, with DE the first to ratify, June 1788 NH the ninth, and in between, PA and MA ratified with some difficulty The biggest states, VA and NY, were closely split and did not ratify until the end of June 1788 NY ratified because feared being excluded from the states that had ratified MA, VA, and NY ratified because assumed that a bill of rights would be added in the future The NC convention adjourned without taking action and waited for amendments RI never called a ratifying convention because leaders opposed it from the start Completing 1789 the first elections under the new Constitution were held, with most winners being Federalist-leaning, Washington elected as president, and John Adams elected as vice president the Structure April 30, 1789 Washington was inaugurated in New York City, the then-capital The first Congress was almost a continuation of the Continental Convention because it mainly filled in the gaps in the Constitution, most importantly drafting a bill of rights The Bill of Rights: September 25, 1789 Congress approved 12 amendments By the end of 1781 10 of them were ratified and made up the Bill of Rights The first nine prevented Congress from infringing on certain rights, ex. freedoms of religion,

speech, and press, immunity from arbitrary arrest, trial by jury, and more The Tenth Amendment gave states all powers except for those specifically withheld from them and those delegated to the federal government The original Constitution only said that there was to be a Supreme Court, so 1789 Judiciary Act, Congress: Provided for a Supreme Court with a chief justice and five associate justices, thirteen district courts with one judge each, and three circuit courts of appeal with one district judge and two Supreme Court justices each Gave the Supreme Court the final say in cases involving the constitutionality of state laws The Constitution only indirectly referred to executive departments, so Congress created the state, treasury, and war departments and established the offices of attorney general and postmaster general The first Cabinet consisted of Hamilton as secretary of the treasury, General Henry Knox as secretary of war, Jefferson as secretary of state, and Randolph as attorney general

Federalists and Republicans In the first twelve years under the Constitution, conflict remained because disagreements during the writing of the Constitution were patched up with vague compromises The majority were Federalists under Hamilton who wanted a strong national government and to become a nation-state with centralized, aristocratic authority, a complex commercial economy, a thriving industrial sector, and status in world affairs A growing minority were Republicans under Madison and Jefferson who wanted a more modest central government with a mostly rural society and agrarian economy Hamilton and For twelve years, the Federalists controlled the new government, in part because of the Federalists Washington's support But Washington avoided personal involvement in the Congressional debates, so secretary of treasury Hamilton came to have great influence over domestic and foreign policy Assuming the debt: Hamilton was one of the most aristocratic leaders of the time, believing that a stable and effective government required an enlightened ruling class, despite him starting out as an illegitimate child in the Caribbean So the new government needed the support of the wealthy and powerful by giving them a stake in its success So Hamilton wanted to create a large, permanent national debt by: Exchanging wealthy speculators' disorderly, depreciated certificates of indebtedness for uniform, interest-bearing bonds (funding the debt) Assuming the states' debts from the Revolution Hamilton also wanted to create a national bank to provide loans and currency to businesses, give the government a safe place to deposit federal funds, help collect taxes and disburse government expenditures, and keep up the price of government bonds in the absence of a welldeveloped banking system Would be chartered by the federal government, would have a monopoly on the government's banking business, and would be controlled by directors, 1/5 of whom would be government-

appointed The federal government needed a new source of income, besides sale of western land, to pay for interest on the loans it was accepting, so Hamilton proposed: An excise paid by liquor distillers, esp. those in backcountry PA, VA, and NC A tariff on imports that would also protect American manufacturing from foreign competition 1791 Hamilton wrote the Report on Manufacturing that planned how to stimulate the growth of American industry and the benefits of such an industry Enacting the Federalist Program Opposition to Hamilton's: Funding of the debt: Many Congress members opposed Hamilton's plan to accept the debt at face value because wanted some of them should be returned to their original holders, as per the plan devised by Madison The certificates had been issued to pay for war supplies or services during the Revolution, and 1780s many of the merchants and farmers or officers and soldiers had sold them at a fraction of face value to speculators But the Federalists argued that such a plan would be impractical, and that honor required the government to pay the bondholders, not those who had willingly sold the bonds; Hamilton ended up getting his way Assumption of state debts: Then, the Federalist's opponents argued that if the federal government assumed state debts, then people in states with smaller debts would end up paying taxes towards the larger debts of other states So Hamilton struck a deal and got his way; moved the capital from Philadelphia to presentday Washington D.C., closer to the Southern states Bank bill: Madison, Jefferson, Randolph, and others argued that Congress should not exercise powers beyond what those Constitution clearly assigned to it But the House and Senate and Washington ended up agreeing to it 1791 the Bank of the United States began operations and was guaranteed by charter to exist for twenty more years Excise tax: was passed, but protests from farmers forced revision to reduce burden on smaller distillers Tariff: 1792 a new tariff was passed, but was not as high as he had hoped Effects of Hamilton's program: Positive: Won the support of influential groups Restored public credit quickly, so speculators profited Manufacturers profited from tariffs Merchants benefited from the banking system Negative: Small farmers, the majority of the population, bore a disproportionate amount of the tax burden Growing feeling that the program was serving the interests of the few, wealthy elite

The Republican Opposition

The Constitution made no reference to political parties because its framers, esp. Washington, believed that organized parties were dangerous, to be avoided, and not necessary to settle disagreements But then Madison and others came to believe that Hamilton and the Federalists were becoming a party: Had enacted Hamilton's program, which many leaders opposed Had used their control over appointments and the awarding of government franchises to reward supporters and allies Had encouraged the formation of local, aristocratic associations to increase their local appeal So the Federalists' opposition felt they had no other choice than to form another party, the Republican Party: Formed associations in every state Interstate Republicans banded together to influence state and local elections Defended their actions by saying that they were the true ones defending the people against a corrupt Federalist conspiracy Neither the Federalist nor the Republican Party would admit that they were parties nor that the other existed, and both believed that only they represented the interest of the people (first party system) Republican leaders: James Madison Thomas Jefferson: Became the more preeminent of the two Considered himself a farmer, though was actually a large-scale planter Wanted a decentralized, agrarian republic with most of the citizens being farmers and small property owners Did not oppose commercial activity nor industry, but was suspicious of large cities and urban mobs, so opposed an advanced industrial economy because believed that it would increase the population of propertiless workers in close quarters 1790s as the French Revolution grew more and more radical with attacking organized religion, overthrowing the monarchy, and executing the king and queen, Federalist were horrified, but Republicans generally supported their democratic, anti-aristocratic cause Demographics: Federalists were concentrated in Northeast commercial centers and Southern seaports Republicans were concentrated in Southern and Western rural areas 1792 Washington was up for reelection and was sympathetic towards the Federalists

Establishing National Sovereignty The Federalists consolidated their position by stabilizing western lands and strengthening America's international standing Securing the Frontier Despite the Nor1thwest Ordinances, western MA farmers were revolting, and VA, KY, and TN settlers were considering separating from the Union 1794 Whiskey Rebellion:

Western PA farmers refused to pay a whiskey excise tax and began attacking tax collectors Hamilton urged Washington to call three states' militias, raised an army himself, and approached Pittsburgh (the center of the resistance), so the rebellion collapsed The new government won the loyalty of other frontier people by accepting their territories as states; (1789 NC and 1790 RI), 1791 VA, 1792 KY, and 1796 TN, after NY and NH, VA, and NC ceded their western lands, respectively Native Americans and the New Nation The ordinances of 1784-1787 caused a series of border conflicts with Indians in the Northwest and Southwest Pretty much all Indian threats were defeated, but still uncertainty about borders The Constitution barely mentioned Native Americans, and only in passing for tax purposes, in the power of Congress to regulate commerce, and requiring that treaties formed under the Confederation, most of them with Native Americans, be respected So the legal status of Indians and Indian nations were very unclear: Were recognized as legal entities, but were not foreign nations nor citizens Were not directly represented in government The Constitution did not address the major issue of land; Indian nations claimed to be sovereign states within the boundaries of the United States, and the American government sometimes agreed, but there was no clear guide to the rights or nature of a sovereign tribe, and tribal sovereignty ultimately depended on control of land So the relationship between Indian nations and America was and still is determined by a series of treaties, agreements, and judicial decisions The new government had trouble establishing its legitimacy to the British, ex. Britain did not send a minister until 1791, and only because Madison and the Republicans were threatening to place trade restrictions on British ships 1793 the new French post-revolutionary government went to war with Britain, and America tried to remain neutral, but: French diplomat to America Edmond Genet: Went to Charleston and planned to outfit French warships there, encouraged American shipowners to become French privateers, and commissioned George Rogers Clark to lead a military expedition against Spanish territory to the south Was blatantly ignoring Washington's policies and the Neutrality Act His behavior angered Washington and the Federalists and embarrassed the Republicans Eventually, Washington demanded that Genet be recalled, but Genet's party had gone out of power, so was granted political asylum in America Early 1794 Britain's Navy began seizing American ships trading with the French West Indies The governor general of Canada gave a war-like speech to Indians on the northwest frontier Hamilton did not want war, because then would be no more imports from England, and his financial system was mostly funded by duties on these imports Hamilton did not trust the State Department to settle with Britain because 1793 Jefferson resigned and successor Randolph was even more pro-French So got Washington to send Jay to England in order to secure compensation for British assaults on American shipping and to demand the withdrawal of British forces from the frontier posts

Maintaining Neutrality

Jay's Treaty and Pinckney's Treaty

1794 Jays Treaty: Did not accomplish the above two goals Established undisputed American sovereignty over the Northwest Produced a reasonably satisfactory commercial relationship between Britian and America But many opposed because it did not do enough, but it ended up being ratified Enabled a settlement of the conflict between Spain and America because Spain feared that Britain and America would ally against its North American possessions 1795 Pinckneys Treaty: Thomas Pinckney was the American negotiator to Spain and easily secured most of what America wanted from Spain Spain recognized the right of Americans to navigate the Mississippi and deposit goods at New Orleans Spain agreed to set the northern boundary of Florida at the 31st parallel, where America had insisted Required Spanish authority to prevent Florida Indians from attacking across the border

The Downfall of the Federalists The Federalists disastrously chose to forcefully oppose the opposition because believed that were faced with either respecting individual liberties and preserving stability The Election 1797 Washington retired from office and in his Farewell Address denounced the pro-French of 1796 Republicans Now there open expression of building partisan rivalries Jefferson was the Republican candidate John Adams, not Hamilton, was the Federalist candidate because Hamilton had too many enemies Although the Federalists were still the dominant party, without Washingtons mediation they were taken down by fierce factional rivalry: Hamilton and other Federalists favored running mate Pinckney over Adams Some of the majority Federalist presidential electors refused to vote for Adams Adams barely won, and Jefferson came in second and became vice president despite being from a different party (1804 fixed by the Twelfth Amendment) Divided Federalists: Hamilton remained the dominant Federalist, whom Adams could not challenge Was a talented diplomat, but was not a very good politician; usually incorrectly assumed that his virtue and that of his positions would sustain him The Quasi War with France Jay and Pinckneys Treaties improved relations with Britain and Spain, but relations with France worsened French ships captured American ships and sometimes imprisoned the crew Federalist Charles Cotesworth Pinckney arrived in France, but France refused to receive him as an official representative of America Some, ex. Secretary of State Thomas Pickering, wanted war, but Hamilton and Adams wanted reconciliation So 1797 Adams appointed a bipartisan commission of Charles Pinckney, Federalist John

Marshall, and Republican Elbridge Gerry to negotiate with France, but agents of French foreign minister Prince Talleyrand demanded a loan and a bribe before negotiating, and the commission refused In the XYZ Affair, Congress published a report of ^ and replaced the French agents' names with X, Y, and Z, and caused widespread outrage against France and support for Federalists So America began an undeclared war (the quasi war) with France: Adams got Congress to cut off trade with France and authorize American ships to capture armed French ships 1798 Congress created a Department of Navy and allocated money for building warships, and the new American navy won a number of battles and captured a number of ships Virtually allied with Britain 1800 France, now under Napoleon Bonaparte, conciliated America to stop the conflict growing by agreeing to a treaty that nullified the 1778 treaty and established new commercial policies Repression and Protest Repression: 1789 the Federalists increased their majority in Congress because of the quasi-war, so passed legislation to try to silence the Republicans The Alien Act made it more difficult for foreigners to become American citizens and gave the President more power over aliens The Sedition Act allowed the government to prosecute those who engaged in sedition (in theory, only libel or treason) against the government, but sedition was defined very loosely Adams passed the acts but enforced them moderately; did not deport aliens and prevented the government from going full-out against the Republicans Effects of the acts: The Alien Act helped to discourage immigration and encourage foreigners in the country to leave The government used the Sedition Act to arrest and convict ten mostly Republican newspaper editors who had criticized the Federalists in government Protest: Republican leaders recognized the acts as attempts by the Federalists to destroy them So went to the state legislatures and got KY and VA to pass the Kentucky Resolution and the Virginia Resolution, which were influenced by John Locke's ideas and argued that the federal government only had certain delegated powers, and undelegated powers it exercised were void, so state legislatures, having formed the federal government by compact, could nullify such laws But no other states passed similar resolutions But by 1790s succeeded in raising the dispute to the national level, ex. in the House of Representatives Republican Matthew Lyon and Federalist Roger Griswold got into a brawl

Again, Adams was the Federalist candidate, and Jefferson the Republican, but this time, the The two sides went at each other's throats after the repression and protest Revolution The Federalists portrayed Jefferson as a dangerous radical who would begin a Robespierre-like of 1800 reign of terror, and the story of Jefferson's affair with a slave woman was circulated The Republicans portrayed Adams as a conspiring tyrant and the Federalists as plotting to

enslave the people At first, Jefferson seemed to have won the election barely because Aaron Burr's (the Republican vice presidential candidate) Tammany Society in NY of war veterans carried NY to a Republican majority But the Republican electors' plan for one of them to not vote for Burr in one of his two required votes failed, and Burr and Jefferson ended up being tied So now the Congress, still the Federalist majority one from the previous four years, had to vote for one of the two; after deadlock and plans to strike deals, Jefferson was elected because Burr was too unreliable The 1801 Judiciary Act ensured that at least the judicial branch would remain under Federalist control by eliminating one Supreme Court justice and increasing the number of federal judgeships, to which Adams quickly appointed Federalists The Republicans incorrectly thought that their victory was nearly complete

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