Unit 3 NotesChapters 9 & 10

Building a New Nation

Building a New Government1. The biggest problem facing the colonies after the Revolutionary War

was creating a new government.2. At the urging of the Second Continental Congress, individual states

began replacing their charters with constitutions - written plans of government.

3. Common elements of these state constitutions were:1. Most had some type of bills of rights, listing individual rights of the people

the state government had to recognize and protect.2. Many were written at state conventions and submitted to the people

themselves for ratification – elected officials became public servants instead of rulers.

3. The legislative branches had broad powers while the executive and judicial branches were kept weak.

4. In the northern states, slavery was abolished (outright or eventually).

4. These new governments relied on the civic virtue of the citizens of the states – the unselfish commitment of each citizen to the public good.

The Second Continental Congress

1. The Second Continental Congress acted as our first national government, but because it had no written constitution behind it, it didn’t have any specific duties and “governed” at the permission of the states.

2. So in 1777, the Second Continental Congress drafted the Articles of Confederation (written primarily by John Dickinson of PA) – but it wasn’t ratified by all of the states until 1781.

3. The Articles of Confederation created a “league of friendship” between the states.

Western Lands

1. The main problem with ratifying the Articles of Confederation was the issue of western lands.

2. States with large western landholdings would have a financial advantage over those that did not.

3. In order to get all of the states to ratify the Articles, the Second Continental Congress convinced the states with large western landholdings to surrender them to Congress, which would dispose of those areas for the “common benefit” of all – making new republican states in the process.

Land Ordinance of 1785

1. This law provided the method to sell the lands in the northwest.

1. The land was surveyed and divided into townships that covered 36 square miles.

2. The townships were divided into 36 square mile sections that could be sold to individuals.

3. The 16th section was set aside to support schools.

Northwest Ordinance of 17871. This law set up the process to

create states on the western frontier.

1. The territory would be formed and the president would appoint a territorial governor to run it.

2. When the population reached 5,000 free inhabitants, they could elect a territorial legislature and send a nonvoting delegate to congress.

3. When the population reached 60,000 free inhabitants, they could call a constitutional convention and apply for statehood.

4. The only requirement was that it had to be a republic government and there could be no slavery – the Ohio River became the dividing line between free and slave states).

The Articles of Confederation

1. The Articles created a unicameral - one house – Congress with one vote per state.

2. It took approval from 9 of the 13 states to pass a law.

3. It took unanimous approval from the states to amend the Articles.

Weaknesses of the Articles

1. There was no executive officer to enforce the law – along with no military to help with enforcement.

2. There was no court system to settle disputes between the states.

3. Congress was economically weak – they couldn’t levy taxes or regulate trade.

4. It was incredibly difficult the pass a law and virtually impossible to amend the laws because the states refused to cooperate.

Economic Pros and Cons1. With the government takeover of western lands, land is going to be

cheap and readily available on the frontier.2. U.S. manufacturing improves due to the lack of trade during the

Revolutionary War – still mostly farmers though.3. We were now able to freely trade with any country (no more

Navigation Acts).4. State government had huge debts from financing the Revolutionary

War – as did the Continental Congress.5. Inflation (due to worthless currency and a lack of specie) made it

difficult to by goods (on the frontier the resorted largely to a barter economy) and after the war was over Great Britain began flooding the U.S. markets with goods, making it hard for U.S. merchants to compete.

6. The population in general had a very negative view on any type of tax, state or federal.

Foreign Problems1. Great Britain won’t send an ambassador to the U.S.2. Great Britain still controlled a series of forts/trading posts along the

Great Lakes and refused to relinquish them.3. Great Britain (along with Spain in Florida) is arming the Native

Americans and encouraging them to make trouble for the U.S. along the frontier.

4. Spain controls New Orleans and eventually shuts her ports down to U.S. farmers living on the western frontier.

5. Spain claims lands in West Florida (including the MS town of Natchez) and refuses to relinquish it.

6. The French want to be paid back the money they loaned the colonies during the Revolutionary War and restrict trade with their West Indies colonies until they are repaid.

7. The Barbary Pirates are seizing U.S. merchant ships in the Mediterranean Sea and holding them for ransom.

Domestic Problems

1. Some states refuse to pay any type of money to Congress – the national debt continues to rise.

2. States are still quarreling over boundaries.3. States are levying taxes on goods being

traded from state to state – leads to Shay’s Rebellion.

Shay’s Rebellion1. Poor farmers in the backwoods

of Massachusetts are having problems paying off their debt and paying their taxes.

2. Those that can’t pay have their land seized.

3. A group of farmers (1,200), led by Daniel Shay, take up arms and attack an arsenal in Springfield, MA.

4. MA raise a militia and put the rebellion down – Shay is arrested but later pardoned.

5. The rebellion led many elites to fear “mobocracy” – unchecked republicanism could lead to chaos.

The Constitutional Convention

1. Realizing that the Articles are too weak to run the country, the states call for a Constitutional Convention to meet in Philadelphia (Rhode Island won’t attend) in order to amend the Articles.

2. When these “Founding Fathers” meet, they realize that amending the Articles is a hopeless cause and decided to draft a new document.

3. The proceedings were closed to the public but we know what happened because James Madison kept a diary of the proceedings.

The Virginia Plan

1. Edmund Randolph of Virginia arrives with a document already drafted.

2. It called for a three branch government with a bicameral congress with representation based on population.

3. This plan would favor the larger states.

The New Jersey Plan

1. William Paterson of New Jersey also arrived with a plan.

2. It also called for a three branch government with a unicameral congress with each state getting one vote.

3. This plan would have favored the smaller states.

The Great Compromise

1. The Great Compromise combined aspects of both the Virginia and New Jersey Plan.

2. The government would consist of three branches and congress would be bicameral.

3. The Senate would have equal representation (two per state) and the House of Representatives would be based on population.

4. As an extra incentive, they decided that all tax and appropriation bills would originate in the House of Representatives – a protection against rule by the elite.

The Three-Fifth’s Compromise

1. Slavery was another issue that caused major concerns at the convention.

2. The southern states wanted to count slaves for representation but not taxation – the northern states wanted the opposite.

3. The Three-Fifth’s Compromise stated that three out of every five slaves would count for taxation and representation.

4. Also, the south had to agree to end the slave trade in 20 years and the northern states had to agree to return runaway slaves.

Problems with the Constitution

1. The Constitution is going to create a federal system of government where the state and federal governments will share the authority to govern.

2. However, the new federal government would be much stronger than it was under the Articles of Confederation and many people are going to be leery of this.

3. The issue will eventually lead to a divide in the nation among the federalists and the antifederalists.

The Federalists 1. The Federalists were led by Alexander Hamilton.

2. The federalists were wealthy, educated men who feared “mobocracy”.

3. Most of them lived along the eastern seaboard and had a great deal of wealth and influence.

4. They were also better educated and organized than the antifederalists.

The Antifederalists1. The antifederalists were

led by Thomas Jefferson.2. They were primarily

farmers and backwoodsmen who were poor and uneducated and feared a government controlled by the elite.

3. The were afraid a strong central government would take away the power of the states and the rights of the people.

The Bill of Rights

1. In order to encourage the antifederalists to support the ratification of the Constitution (it only need 9 of the 13 states approval), the Federalist Papers are written by James Madison, encouraging people to support the Constitution.

2. The federalists also promise to add a Bill of Rights when the first congress convenes.

3. They also agree to create a federal district along the Potomac River (in Virginia) to be the home of the federal government.

4. It takes takes over a year but eventually all of the states ratify the Constitution.

Setting up the New Government

1. George Washington and John Adams were chosen by the electoral college as the first president and vice president – New York City served as a temporary capital until the District of Columbia could be organized.

2. Washington was very conscious about the fact that he would be setting the precedent for what future presidents could do.

Washington’s Cabinet

1. Although the Constitution did not specifically grant the president the power to create a cabinet, Washington did so in order to make managing the government easier.

2. The members were:1. Department of State: Thomas Jefferson – his job was to

manage affairs with foreign countries.2. Department of the Treasury: Alexander Hamilton – his job

was to collect taxes and help manage the nations economy3. Department of War: Henry Knox - his job was to run the

new army and navy.4. Attorney General – Edmund Randolph – he served as the

president’s legal advisor.

The Bill of Rights

1. The first order of business for the new Congress was creating a bill of rights.

2. James Madison (a member of the federalists) wrote the bill of rights and guided it through Congress.

3. Two of the most important were the 9th (which prevents the Bill of Rights from being used as a limit on people’s rights) and the 10th Amendments (which creates the reserved powers of the states).

The Judiciary Act of 1789

1. This law organized the federal court system.

2. It specifically created the U.S. Supreme Court and the office of attorney general.

3. John Jay was appointed as the first Chief Justice of the Supreme Court.

Alexander Hamilton and the Economy

1. Hamilton wanted to create a national economy that would favor the wealthier groups in the country – these groups would support the government in return and stimulate the economy, which would help the lower classes.

2. He also wanted to create a Bank of the U.S. in order to store the money the government collected in taxes and to regulate the nation’s currency.

The National Debt

1. Hamilton convinced Congress to assume the debt of the individual states and to fund the debts at par – face value (most southern states were against this).

2. This would put the debt of the new government at over $75 million but it would also would encourage the states to support the federal government.

New Taxes

1. To pay off the national debt, Congress passed the first national tariff (Tariff Act).

2. Hamilton wanted a high, protective tariff that would protect U.S. industries from foreign competition – the one Congress passed was fairly low.

3. Congress also passed an excise tax on a few domestic items – the most important one was on whiskey.

4. U.S. citizens don’t complain that much about the tariff because it was passed by their own elected representatives – they do complain about the excise tax though.

The Bank of the U.S.

1. Congress passes a bill to create the BUS but Washington hesitates to sign it – he’s not sure its constitutional.

2. He asks Hamilton and Jefferson for their opinions and they both give him one based on the Necessary and Proper Clause (Art. 1, Sect. 8) of the Constitution – also known as the elastic clause.

3. Hamilton says its proper to create the bank because Congress has the expressed power to tax and it would be proper to create a bank to store the revenue in.

4. Jefferson says the bank isn’t necessary because the revenue can be stored in state banks.

5. Washington agrees with Hamilton and the BUS is created.

The Whiskey Rebellion

1. Frontier farmers distilled their crops into whiskey to make it easier to transport to market – also used it for barter.

2. Farmers and distillers began to refuse to pay it.

3. Washington assembled the militias of several states and put down the “rebellion” peacefully – but it’s the first instance of the president enforcing a law of Congress.

The French Revolution

1. In 1789 the French Revolution begins.

2. It eventually turns into a war between France and the rest of Europe.

3. France wants our help but Washington refuses.

4. The Neutrality Proclamation declares the U.S. to be neutral and allows us to continue to trade with both sides.

Charles Genet

1. The French will send Charles Genet to the U.S. to drum up support for France.

2. Genet will convince U.S. merchants to sail as privateers for France.

3. He even tries to recruit U.S. citizens to form armies to attack British Canada and Spanish Florida.

4. Washington eventually has him expelled from the country.

Effects of the French Revolution

1. The development of political parties in the U.S.

2. The impressing of U.S. sailors by Great Britain.

3. Problems on the western frontier with Native Americans who are being encourage by the British to attack U.S. settlers.

Jay’s and Pinckney’s Treaty

1. Washington sends John Jay to Great Britain to work out a treaty.2. Under Jay’s Treaty, Great Britain agrees to remove their troops

from the western frontier and allow the U.S. to trade with the British colonies of the West Indies but they don’t agree to stop seizing U.S. ships and impressing U.S. sailors – many people are going to be highly critical of the treaty.

3. One positive outcome of Jay’s Treaty is Pinckney’s Treaty, which settles the dispute between the U.S. and Florida over the Florida border and gives U.S. settlers the right of deposit in New Orleans.

4. We will also defeat the Indians (the Miami Confederacy) on the frontier and sign the Treaty of Greenville with them, opening up the Old Northwest for U.S. settlers without fear of Indian reprisals.

Washington’s Fair Well Address

1. After two terms of office, Washing decides to step down.

2. In a letter to the American public he encourages them to:

1. remain neutral in foreign affairs.2. remain united at home – don’t form political

parties.

The Development of U.S. Political Parties

Federalists1. Northeastern merchants

and southern plantation owners led by Alexander Hamilton, they believe in:1. A strong federal

government.2. The BUS.3. A diversified economy.4. Support G.B. in war in

Europe (if we have to pick a side).

Democratic-Republicans1. Artisans, shopkeepers an

small farmers led by Thomas Jefferson, they believe in:

1. A limited federal government – stronger state governments.

2. No bank regulation.3. An agrarian economy.4. Support France in the war in

Europe – without being asked.

The Election of 1796 and the Electoral College

1. This presidential election will be the first to involve political parties.

2. Under the Constitution, the people case popular votes and then in the electoral college electors cast votes to reflect the popular vote (but they don’t have to – this was put in by the federalists because they didn’t trust commoners to chose the president).

3. Each elector had two votes. The candidate with the most became president, the candidate with the second most became vice president.

The Election of 1796

1. The Federalists nominate John Adams and Thomas Pinckney.

2. The Demo-Repubs. Nominate Thomas Jefferson and Aaron Burr.

3. The Federalists have a majority in the electoral college so Hamilton meets in secret with some of the electors and tells them to vote for Pinckney and Burr.

4. The rest of the Federalists find out and don’t vote for Pinckney at all, leading to Adams winning the presidency and Jefferson winning the vice-presidency.

The XYZ Affair

1. Right away Adams has problems with France – they declare an unofficial war the U.S., seizing U.S. ships.

2. Adams sends three U.S. ambassadors to meet with France’s foreign minister, Charles Tallyrand.

3. Three French ministers meet with our ambassadors and demand a bribe, which our ministers refuse to pay.

4. They send a letter back to Adams, which ends up getting published, with X, Y and Z replacing the French ministers names.

5. The American public will be outraged and start calling for war with France – and the Demo-Repubs. start criticizing Adams and the Federalists for how they handled the matter.

Adams and Napoleon

1. Adam resists the urge to go to war and send a new minister to France.

2. In France, Napoleon Bonaparte has seized control and has no desire to go to war with the U.S.

3. Napoleon orders Tallyrand to meet with the U.S. minister and they agree to the Convention of 1800, in which France agrees to leave U.S. ships alone.

Federalist Laws that Infringe on Personal Freedoms

1. In response to the criticism, the Federalists in Congress pass a series of laws aimed at both immigrants (mainly French) and the Demo-Repubs.:

1. The Naturalization Act increases the amount of time an immigrant must live in the U.S. before they can become a citizen.

2. The Alien Act gave the president the right to imprison or deport any foreigner he considers to be a danger to national security.

3. The Sedition Act makes it a crime to criticize the president or any Federalist member of Congress (ten people are thrown in jail for this act – James Callender spent nine months in jail for calling President Adams a tyrant and a fool.

The Kentucky and Virginia Resolutions

1. Angered by the Sedition Act, Thomas Jefferson and James Madison will write a series of resolutions and get them passed through the Kentucky and Virginia state legislatures.

2. The Kentucky Resolutions claimed that a state had the right to nullify – refuse to enforce – any law passed by Congress that was unconstitutional.

3. The Virginia Resolutions claimed that a state could repeal – officially take off the books – any law passed by Congress that was unconstitutional.

4. The U.S. Congress ignores these resolutions but they’re important because they are the beginnings of the states’ rights argument, which claims that the state government is more powerful than the federal government.