HISTORY 1301: CH 7

Indians in the New Nation

1. Americans didn't want west lands to be owned by indians but weren't sure whether to incorporate into their society or remove them. a. Indian tribes, seen by most white Americans as savages, had no representation in the new government. 2. The treaty system was used with Indians, and Congress forbade the transfer of Indian land without federal approval. (several states ignored) a. a small portion of the tribe would agree to the treaty, then the whole tribe was forced to accept b. Secretary Henry Knox tried to do things as peacefully as possible with the indians (regionized the US was the worst to them) 3. The U.S. victory at the Battle of Fallen Timbers led to the Treaty of Greenville in 1795. (happened after Little Turtle-miami confederacy- greatly defeated American forces) a. Under this treaty, twelve Indian tribes ceded most of Ohio and Indiana to the United States. b. The treaty established the annuity system—yearly grants of federal money to Indian tribes that led to continuing U.S. government influence in tribal affairs. 4. Some prominent Americans believed that Indians could assimilate into society. (Thomas Jefferson > Indians just lived in less advanced stage of civilization) a. Assimilation meant transforming traditional Indian life with tools and changing gender roles. b. Washington distributed agriculture tools, livestock and spinning wheels to Indians > Most Indians rejected these changes.

The Anti- Federalists

1. Anti- Federalists, who opposed ratification, argued that the republic had to be small and warned that the Constitution would result in an oppressive government. a. Samuel Adams, Hohn Hancock and Patrick Henry 2. Liberty was the Anti- Federalists' watchword. a. They argued for a Bill of Rights. (constitution didn't have freedom of speech, trial by jury and freedom of the press) b. argued that only the rich will be able to rule (only ones with the resources). 3. Federalists tended to be men of substantial property, urban dwellers seeking prosperity, and rural residents tied to the commercial marketplace. 4. Anti- Federalists drew support from small farmers in more isolated rural areas (e.g., New York's Hudson Valley, western Massachusetts, the southern backcountry). 5. Federalists dominated the press, which helped them carry the day. (antifederalists only had 12/92 newspapers) 6. Madison won support for the Constitution by promising a bill of rights later. 7. By mid- 1788, the required nine states had ratified. 8. Only Rhode Island and North Carolina voted against ratification, but they eventually joined the new government.

Shays's Rebellion

1. Facing seizure of their land, debt- ridden farmers closed the courts in western Massachusetts in 1786 > led by Daniel Shays a. They modeled their protests on those of the Revolutionary era, using liberty trees and liberty poles. 2. Rebellion put down by Massachusetts governor (Bowdoin) in 1787 with more than 1,000 arrested. 3. Shays's Rebellion convinced many of the need for a stronger central government to protect property rights (a form of private liberty) from too much power in the hands of the people. a. wanted uniform economic policies and protect property owners from infringements on their rights by local majorities b. liberty now endangered by public liberty unchecked power in the hands of the people > Madison

The Final Document

1. Gouverneur Morris put finishing touches on the final draft, adding in the preamble that the new national government would "establish justice," promote "general welfare," and "secure the blessings of liberty." Changed we the people of {list states} to United States 2. Delegates signed the final draft on September 17, 1787. 3. The Constitution created a new framework for American development.

Congress and the West

1. In the immediate aftermath of independence, Congress took the position that by aiding the British, Indians had forfeited the right to their lands. 2. Congress faced conflicting pressures from settlers and land speculators regarding western development. a. leaders thought that west land would be good for $, but didn't want to stir up trouble with the Indians 3. At peace conferences at Fort Stanwix New York 1784 and Forth McIntosh (near Penn. 1785), Americans demanded and gain lots of Indian land north of Ohio River

Jefferson, Slavery, and Race

1. John Locke and others maintained that reason was essential to having liberty. a. Many white Americans did not consider blacks to be rational beings. b. Jefferson's Notes on the State of Virginia claimed blacks lacked self- control, reason, and devotion to the larger community. > also worried that they would cause trouble due to their past life in America;very "suspicious" 2. Jefferson did not think any group was fixed permanently in a status of inferiority. a. black mathematician, Benjamin Banneker, Jefferson praised him, but then told his white friend that someone did the calculations for him 3. He did not believe black Americans should stay in America. a. Freeing the slaves without removing them from the country would endanger the nation's freedom, Indians could be incorporated but not Africans b. American Colonization society... remember Jef friend asked him to use his money to free slaves, ended up shipping them off to Liberia in africa 4. Jefferson saw slave trade as immoral and tried to avoid selling his own slaves. a. Ironically upon his death, more than 200 of his slaves were sold to pay his large debts.

The Bill of Rights

1. Madison believed the Constitution would protect liberty without the addition of a bill of rights. 2. Still, to satisfy the Constitution's critics, Madison introduced a bill of rights to the first Congress. a. In a sense, the Bill of Rights defined the "unalienable rights" of the Declaration of Independence. b. madison predicted that when the Bill of Rights would be needed, it would be pointless and congress wouldn't follow it anyways; he was correct (think jap concentration camps and red scare) 3. Some rights, such as the prohibiting of excessive bail and cruel and unusual punishments, reflected English roots, while others, such as the recognition of religious freedom, were uniquely American. a. others like the 9th bill, protected future rights that may arise 4. Not until the twentieth century would the Bill of Rights be revered. Was largely ignored until then 5. Among the most important rights were freedom of speech and of the press, vital building blocks of a democratic public sphere.

"Extend the Sphere"

1. Madison had a new vision of the relationship between government and society in Federalist no. 10 and no. 51. a. gov is based on people's will but that can be dangerous. Enevitably there will be more poor later on and they will steal land (disrupting property right) 2. Madison argued that the large size of the United States was a source of stability, not weakness. a. argued that diversity will prevent the rise of one group 3. Madison helped to popularize the liberal idea that men are generally motivated by self interest and that the good of society arises from the clash of these private interests.

Nationalists of the 1780s

1. Nation builders like James Madison and Alexander Hamilton called for increased national authority. a. Hamilton > big government = powerful commercial and diplomatic presence in world 2. The concerns voiced by critics of the Articles found a sympathetic hearing among men who had developed a national consciousness during the Revolution. 3. Economic concerns played a part, too, as bondholders feared not being paid by the national government, artisans wanted tariff protection, and merchants desired access to British markets. 4. At a meeting in Annapolis (September 1786), delegates called for a convention to amend the Articles of Confederation in order to avoid anarchy and monarchy. a. At next meeting in Philadelphia 1787, decided to scrp Articles of Confederation entirely

The Federalist

1. Nine of the thirteen states had to ratify the document. a. Not a given that ratification would occur. b. Each state elected delegates to special convention. 2. The Federalist was published to generate support for ratification. a. Hamilton argued that government was an expression of freedom, not its enemy. b. out of the 85 essays, Hamilton wrote 50, Madison 30 and Jay 5.

Settlers and the West

1. Peace brought rapid settlement into frontier areas. a. Taking possession of land was seen as an essential element of American freedom. b. Ignored Indian titles to land and urged low prices for land. > 1790s lots of lawsuits over land claims (many had to leave and go to other states) 2. Leaders feared unregulated flow of settlement across the Appalachian Mountains could provoke constant warfare with the Indians. a. also thought frontier settlers as disorderly

The Structure of Government

1. Prominent wealthy and well- educated men took part in the Constitutional Convention. 2. Delegates quickly agreed the Constitution would create a legislature, an executive, and a national judiciary. 3. The key to stable, effective republican government was finding a way to balance the competing claims of liberty and power. a. congress would have power to raise money without relying on the states, states couldn't infringe on the rights of property and gov would represent people b. Hamliton wanted pres and sentate to serve life... and rich should rule > no support 4. A compromise about the shape of Congress emerged from debates over the Virginia and New Jersey Plans. a. Virginia Plan by madison (favored by more populous states): two- house legislature where state's population determined representation in both houses b. New Jersey Plan (favored by smaller states): one- house legislature in which each state cast one vote c. Compromise: two- house Congress consisting of Senate (each state had 2 members, 2 year term) and House of Representatives (apportioned according to states' populations*6 year term) ****Roger Sherman he's our man, if he can't do it no one can***

The Debate over Slavery

1. Slavery divided the delegates. a. Madison a Virginian slaveholder detested slavery yet assured Virginia that ratifying Constitution will secure slavery 2. The words "slave" and "slavery" did not appear in the Constitution, but it did protect slavery. a. Constitution prohibited congress from abolished slave trade for 20 years, states must return escaped slaves, 3/5 voting 3. The South Carolinian delegates proved very influential in preserving slavery within the Constitution. a. It threatened disunion if Atlantic slave trade was banned immediately.

The Division and Separation of Powers

1. The Constitution embodies federalism and a system of checks and balances. a. Federalism refers to the relationship between the national government and the states. 2. President could enforce law and command military, Congress could levy taxes, borrow money, regulate commerce, declare war, deal with foreign nations/indians, and promote "general welfare" a. congress couldn't veto state laws like Madison wanted, but had "supreme Law of the Land" 3. States could not issue money, impair contracts, interfere with interstate commerce, or levy import or export duties, but dealt with most other daily affairs such as education and law enforcement. a. The separation of powers, or the system of checks and balances, refers to the way the Constitution seeks to prevent any branch of the national government from dominating the other two.

National Identity

1. The Constitution identifies three populations inhabiting the United States: a. Indians b. "Other persons," which meant slaves c. "People," who were the only ones entitled to American freedom 2. American nationality combined aspects of both civic and ethnic nationalisms. a. ethnic nationalism (community based on ethnic heritage, language and culture) civic nationalis (based on devote to its political institution and social values) b. The political principles of the Revolution held Americans together. c. For most of U.S. history, citizenship has been defined by blood as well as political allegiance.

The Limits of Democracy

1. The Constitution left the determination of voter qualifications to the states. 2. The new government was based on a limited democracy and the assumption that only prominent men would hold office. (delegates sought to limit power to elites) 3. Federal judges would be appointed by the president. 4. The president would be elected by an electoral college, or, in the case of a tie in that body, by the House of Representatives. a. Delegates wanted indirect election because they did not trust ordinary voters. > elector casts 2 votes for president. 1st=pres, 2nd=vp >if tie, house of rep votes on pres (out of top three finishers) and senate elects vp

Slavery in the Constitution

1. The Constitution prevented Congress from prohibiting the slave trade until 1808. 1/4 of slaves came to America during this time 2. The fugitive slave clause made clear that the condition of bondage remained attached to a person even if he or she escaped to a free area, and it required all states to help police the institution of slavery. 3. The federal government could not interfere with slavery in the states. a. Slave states had more power due to the three- fifths clause. 4. Twelve of the first sixteen presidents were southern slaveholders.

The Land Ordinances

1. The Ordinance of 1784 established stages of self- government for the West. (drafted by Jefferson) a. west regions would be "districts" initially governed by congress then admitted into union as states > single vote allowed slavery in these districts 2. The Ordinance of 1785 regulated land sales in the region north of the Ohio River and established the township system there. a. land would be surveyed by gov, then sold in sections (640 acres/$640), settlers often violated rules and pressed westward before surveys had been completed (gov couldn't stop them > no militia) b. One section set aside to provide funds for education. 3. Like the British before them, American officials found it difficult to regulate the thirst for new land. a. Private companies and speculators benefited most from the land sales. b. settlers pressed for lower prices until Homestead act 1862 (offered free land on public domain) 4. The Northwest Ordinance of 1787 called for the eventual establishment of 3-5 (oh, mi in, il, wi) states in the west. established policy that admitted the area's population as equal members of the political system. a. Prohibited slavery > but owners still brought them *connected to Mexican War years later (americans move into texas which is mexico and bring slaves with isn't allowed > Americans lobby) b. Enacted the principal Jefferson called "empire of liberty" c. pledged "good faith" towards Indians > cheaper to be at peace than at war d. once pop 60,000 could apply to become state

Principles of Freedom

1. The Revolution widened the divide between free Americans and those who remained in slavery. a. slavery gave people an excuse to assume other races were inferior 2. "We the people" increasingly meant white Americans.

The Articles of Confederation

1. The first written constitution of the United States 1777, ratified 4 years later > balanced centralized power and liberty "perpetual union" a. One-house Congress (each state cast a single vote, approval needed 9 states) b. No president c. No judiciary 2. The only powers granted to the national government were those for declaring war, conducting foreign affairs, and making treaties. a. congress had no real financial resources > could coin money, but couldn't levy taxes or regulate commerce b.Amending required unanimous state approval. c.No proposed amendment ever passed. 3. Congress established national control over land to the west of the thirteen states and devised rules for its settlement. a. creation of a public domain (in west) was a main achievement > there were disputes over settlements, so the Articles only won ratification after land rich states ceded west land claims

Blacks and the Republic

1. The status of citizenship for free blacks was left to individual states. a. North emancipation acts assumed that former slaves would remain in the country (not colonize abroad). Freedoms did not apply to any slave (majority of blacks were enslaved) 2. Crèvecoeur's Letters from an American Farmer described America as a melting pot of EUROPEANS book ilustrated the exclusion of slaves a. defended quebec during 7 years war, was neutral during independence war (persecuted by both sides so moved back to France) 3. Like Crèvecoeur, many white Americans excluded blacks from their conception of the American people. a. The Naturalization Act of 1790 limited naturalization (the process by which immigrants become citizens) to "free white persons." > only last quarter of 19 century they started restricting prostitues, felons etc.

The Confederation's Weaknesses

1. The war created an economic crisis that the Confederation government could not adequately address. a. no longer could trade with west indies, also lots of imported goods b. in massive debt from the war > couldn't pay soldiers 2. With Congress unable to act, the states adopted their own economic policies. a. tariff duties on imported goods, printed money, postponed debt collection, campaigns denounced creditors