​BACKGROUND

• Articles of Confederation was the first constitution of the United States

• Britain, by contrast, didn't have a constitution

• Only the Magna Carta 1215 and English Bill of Rights 1688.

• Created the "United States" but did NOT create a nation.

• Each of the thirteen states were independent.

• Articles created a "league of friendship" among states

• Each state was equal

• State constitutions were more important than the Articles

• Drafted (written) 1776-77, Ratified in 1781

• Replaced by the U.S. Constitution in 1789.

• No chief executive (like a president) -- Congress alone was the government

• No judiciary

• Confederation Congress was deliberately weak

• because of fear and hatred of powerful government (like Britain)

• Articles stipulate freedom of speech and debate in Congress

• Congress

• Members of Congress (delegates) were chosen by states and represented states

• Delegates (2-7 from each state) elected annually.

• Delegates could only serve maximum 3 years in 6-year period

• Each state had one vote (no matter how many delegates they had in Congress)

• Approval of 9 states required for Congress to

• engage in war

• enter treaties

• coin or borrow money

• and pay for defense

• Approval of all 13 states needed

• To make changes to the Articles of Confederation

POWERS ALLOTTED TO THE CONGRESS AND STATES

What the Confederate Congress could do

• Power to declare war and make peace (with approval of 9 states)

• Power to make coins, issue paper money and borrow money (with approval of 9 states)

• Power to make deals with foreign countries and Indians and sign treaties (with approval)

• Power to establish and regulate post offices.

• Could establish uniform weights and measures.

• Decide controversies over disputed grants of land.

What it couldn't do

• Could not force the states to obey its laws

• No power to tax (revenue came from state contributions)

• No power to regulate commerce.

• No strong, central power (no chief executive)

• No power to raise a national army or navy

• No national courts

Power given to the states.

• Power to issue their own paper money

• Power to levy tariffs (taxes on imports) on trade between states.

• Power to tax the people in their states.

• Power to make treaties and declare war with foreign countries (with consent of the Congress)

• Each state was required to maintain a ready, well-regulated and disciplined militia

• States could ignore national standards of measurement'

STATE CONSTITUTIONS

• State constitutions were written by constitutional conventions elected for that purpose

• State assemblies made laws that upheld the state constitutions

• Ultimate power rested with "the people" (white men with property in most cases)

• To stop elites from dominating

• State officials stood for election every year.

• And executive officers had little power.

• Rhode Island and Connecticut

• Simply retouched their colonial charters (documents that defined the relationship between colonies and Britain)

• Britain, by contrast, didn't have a written constitution.

• But referred to accumulated laws, customs and precedents.

• Loyalists (most in N.Y. and S.C.)

• Many states required citizens to take an oath of allegiance to the new nation.

• More than 100,000 Loyalists were banished from the US or left on their own.

• Money

• Came from selling confiscated loyalist holding

• Printed money

• And taxes

Religion

• Still belief that religion necessary as foundation for public morality

• But drive to separate church and state (RI was first)

• Seven state constitutions declared free exercise of religion.

• Encouragement of "civic virtue" and self-sacrifice for public good.

• Thomas Jefferson

• "Bill for Establishing Religious Freedom" separated church and state.

• Church of England (aka Episcopal Church)

• Disestablished in states where it was the official church (signalling break from England)

• No more state taxes collected to support it exclusively.

• Congregationalist Church (Puritans)

• New Hampshire, Connecticut and Massachusetts Congregationalist Church still the official church.

• Roman Catholics

• ​Not permitted to vote in North Carolina.

• But generally more accepted because of help of Catholic France in Revolution.

• Could worship without persecution in all states.

• Jews could only vote in Pennsylvania, Rhode Island and New York

Franchise (vote)

• Vote associated with idea of freedom.

• Every state expanded franchise to more people than under colonial law (except S.C.)

• But most required voters to own property (not much, though)

• Pennsylvania's 1776 constitution: allowed all tax-payers (even those without property) to vote

• Southern states least democratic (landed gentry kept poltical power)

• Women with property could vote in New Jersey until 1797.

• Free blacks with property could vote in New Jersey, Massachusetts and New Hampshire

Slavery

• By 1800, indentured servitude had virtually disappeared.

• Distinction between slavery and freedom grew.

SOUTH

• None of the southern states abolished slavery

• But most southern states forbade ore importation of slaves from Africa and West Indies

• Several states made manumission (voluntary freeing of slaves) easier.

• Maryland - 1/5 of slaves freed

• Delaware -- more than 80% of blacks were free.

• North Carolina - Quakers freed slaves

NORTH

• Slavery abolished in North

• Vermont - forbade slavery beginning in 1777

• Massachusetts -- slavery abolished 1783

• Pennsylvania (Quakers) -- gradual emancipation beginning 1780

• All people born after 1780 were free, slaves born before 1780 were free at age 28

• Ban on buying and selling slaves.

• Slaves brought into Penn. would be freed after 6 months.

NORTHWEST TERRITORIES

Background

• After Revolution, colonists no longer restricted to the land east of Appalachians (see 1763 Proclamation Line)

• Seven colonies claimed western lands because of royal charters (inc. NY and VA see above)

• Which granted them territory to the "South Sea" (Pacific Ocean)

• Meant they could sell the land to pay off their debts.

• Six states didn't have any holdings (incl. Pennsylvania, Maryland)

• Meant they'd have to pay debts by heavily taxing people.

• Non-land-holding states refused to ratify the Articles of Confederation unless Western lands pledged to the Congress for the "common benefit" of all states.

• In interest of national unity, VA and NY gave up their claims, others followed.

• VA territory in south became Kentucky in 1792

• NC territory became Tennessee in 1790.

• Northwest Territory managed by Congress.

• With peace came large settlement west of Appalachians (see Proclamation Line of 1763)

• Caused fear of conflict with Indians

• Land was occupied by Indians but since they supported Britain (not all did), Congress claimed they gave up their rights to the land.

• Selling the land would provide the Confederate Congress with badly needed income.

Land Ordinance of 1784

• Established stages of self-government for the western regions

• Would be divided into districts initially governed by Congress

• Would eventually be admitted to Union as member states

• No slavery after year 1800 (superseded by 1787 Ordinance = no slavery)

Ordinance of 1785

• Regulated land sales north of Ohio River ("Old Northwest")

• Established the township system

• Land would be surveyed by the government

• Then sold in "sections" of square miles (640 acres) at $1 per acre.

• In each township, one section would be set aside to provide funds for public education.

• Minimum purchase price of $640 made it too expensive for most settlers

• Settlers bought smaller parcels of land from speculators.

• 1787 Congress decided to sell off large tracts of land to private groups

• Incl. 1.5 million acres to the Ohio Company

Northwest Ordinance of 1787

• Called for the eventual establishment of 3 to 4 states north of Ohio River, east of Mississippi.

• Territories would become states

• When the population of the territory equaled the population of the smallest existing state (Delaware in 1787)

• No new states were created during the Confederation period

• But the same principles were adopted by the new Constitution in 1787

• Pledged that "the utmost good faith" would be observed toward local Indians and that their land would not be taken without consent.

• Prohibited slavery in Northwest.

• ​So that land would be reserved for independent farmers who didn't have to compete with slave owners.

FOREIGN POLICY UNDER ARTICLES OF CONFEDERATION

Britain

• In vengeance, Britain closed their profitable West Indies to trade with the U.S.

• Began negotiating with Ethan Allen and the Green Mountain Boys to take over Vermont (Vermont chose to join U.S. as 14th state in 1791).

Spain

• Closed access to the mouth of the Mississippi River to American commerce in 1784.

• Claimed Florida (granted to U.S. by Br.) and area north of the Gulf of Mexico

France

• Demanded repayment of money loaned to the U.S. during the war

• Restricted U.S. trade with French West Indies

Barbary Pirates of north Africa

• They had been paid off by the British - but now colonists were independent and couldn't afford protection money to conduct trade in Mediterranean.

SHAYS'S REBELLION 1786 (Massachusetts)

• Background

• U.S. suffering from debt crisis after American Revolution

• Continental Army and state militias veterans struggling because of decreased value of Contitental dollar (their pay) and high taxes levied to paid state debts.

• Grievances

• Farmers angry because:

• Mass. laws favored trade at expense of agriculture

• Farmers in debt were losing their farms

• Without property, farmers also losing right to participate in govt.

• High taxes

• Elite policymakers in urban Boston (eastern Mass.) ignoring grievances of farmers in rural, western part of the state.

• Actions

• 1786 100s of farmers held meetings

• Demanded reduction of property taxes

• And end to domination of Boston government by privileged elite.

• Crowds in several towns surrounded courthouses and harassed lawyers and judge

• As long as the courts were closed, farms couldn't be taken away.

• Uprising grew to 9,000

• Led by Daniel Shays

• Former Continental Army Captain and farmer who lost his farm.

• Sam Adams (now serving as state senator) passed laws to punish rebels

• Death sentence for rising against republic

• Suspended writ of habeas corpus: could imprison anybody for any reason.

• Riot Act: if more than 12 people gathered, government could jail them, take properties and try for treason

• Massachusetts asked federal government for help.

• Congress too weak

• And because it was a state matter, didn't have power to help.

• Boston government created a militia to target rebels.

• Rebellion collapsed Dec. 1786

• Consequences

• Realization that social instability and disorder were inevitable because of weak government

• Prompted meeting to revisit Articles of Confederation

• Articles of Confederation scrapped for a new constitution in 1787

• Constitutional Convention.

• Click here to see a video about Shays's Rebellion

#NorthwestOrdinance #ShaysRebellion #ArticlesofConfederation