The First National Government, 1777-1789Chapter 2

The Articles of Confederation The Second Continental Congress drafted the

Articles of Confederation, a written statement of rules and principles to guide the first continent-wide government in the colonies during the war and beyond. Although the document was initially adopted by

Congress in 1777, it was formally ratified by all thirteen states in 1781.

The Articles created a “league of friendship” among the states. Each state remained sovereign and independent with

the power and authority to rule the colonists’ daily lives.

The Articles of Confederation and Perpetual UnionOn June 12, 1776, the Second Continental Congress resolved to appoint a Committee of Thirteen to prepare a draft of a constitution for the union of the states.

Congress The sole body of the new national

government was the Congress, in which each state had one vote.

The Congress enjoyed only limited authority to govern the colonies; it could: wage war and make peace coin money make treaties and alliances with other nations operate a postal service manage relations with the Native Americans

Presidents of the Congress Having no national executive authority, the

Congress of the Confederation was led by the President of the United States in Congress Assembled.

According to the Articles of Confederation, the president was the presiding officer of the Congress and chaired the Committee of the States when Congress was in recess. He was not, however, an executive in the way the

successor President is the chief executive.

President of Congress

Entrance to Office

Exit of Office

Samuel Huntington March 1, 1781 July 6, 1781Thomas McKean July 10, 1781 November 4, 1781John Hanson November 5, 1781 November 4, 1782Elias Boudinot November 4, 1782 November 3, 1783Thomas Mifflin November 3, 1783 June 3, 1784Richard Henry Lee November 30, 1784 November 23, 1785John Hancock November 23, 1785 June 6, 1786Nathaniel Gorham June 6, 1786 November 13, 1786Arthur St. Clair February 2, 1787 October 29, 1787Cyrus Griffin January 22, 1788 March 4, 1789

Weaknesses of Congress However, Congress had no power to:

raise troops regulate commerce levy taxes

It was left dependent on state legislatures to raise and support armies or provide other services.

Congress’s inability to raise funds significantly hampered the efforts of George Washington and the Continental Army during the war against Britain. Congress employed a “requisition system,” which essentially

asked that states voluntarily meet contribution quotas to the federal government.

Weaknesses of Congress The limited powers of the central government

posed many problems, but changing the Articles to meet the needs of the new nation was no easy task. The Articles could be amended only by the assent of all

thirteen state legislatures, a provision that made change of any kind nearly impossible.

The difficulties did not disappear when the war ended with the American’s victory in 1783. Instead, an economic depression, partially caused by the

loss of trade with Great Britain and the West Indies, aggravated the problems facing the new nation.

All proposals to revise the Articles fell on deaf ears.

Notable Achievements The Northwest Ordinance (1787) is considered to

be the greatest achievement under the Articles of Confederation.

The ordinance authorized the creation of three to five states from the Ohio Valley to be admitted to the Union as full equals to the original thirteen. Congress would appoint a governor and a council to rule each

territory until the population reached 5,000. At that point, settlers could elect an assembly to pass laws;

however, the governor still retained the power of an absolute veto.

When the population reached 60,000, the settlers could adopt their own constitution and petition Congress for statehood.

Notable Achievements The United States was able to secure the Treaty of

Paris (1783), which ended hostilities with Great Britain and secured our recognition as an independent nation.

Congress established four cabinet departments, each under a single permanent secretary: Department of Foreign Affairs Department of War Department of Marine Department of the Treasury

The Articles provided that each State give “full faith and credit” to legal acts of the other States and to treat one another’s citizens without discrimination.

Annapolis Convention Then in September 1786, nine states accepted

invitations to attend a convention in Annapolis, Maryland, to discuss interstate commerce. Yet when the Annapolis Convention opened on September

11, delegates from only five states attended. A committee led by Alexander Hamilton issued a

report calling upon all thirteen states to attend a convention in Philadelphia the following May. The purpose of that convention was to discuss all matters

necessary “to render the constitution of the federal government adequate to the exigencies of the Union.”

Shays’s Rebellion Events in Massachusetts in 1786-1787 proved a

turning point in the creation of momentum for a new form of government.

During the 1780s, trade with Great Britain became weak and unprofitable; France could not offer the same long-term credit that Britain could so the United States entered a depression.

Many States began to issue paper money while others passed “stay” laws to postpone the date on which private debts would come due. Massachusetts rejected both options and raised taxes

to new heights.

Shays’s Rebellion Daniel Shays, a Revolutionary War veteran, was

one of the many debt-ridden farmers in Massachusetts.

Shays and his men rebelled against the state courts’ foreclosing on the farmers’ mortgages for failure to pay debts and state taxes. Shays’s rebels stormed two courthouses and a federal

arsenal. Eventually, the state militia put down the

insurrection, known as Shays’s Rebellion, but the message was clear: a weak and unresponsive government carried with it the

danger of disorder and violence.

Daniel Shays(1747-1825)Having received no pay for his military service in the Revolutionary War, General Lafayette presented Captain Shays with an ornamental sword, which he later sold to pay for his debts.

Constitutional Convention In February 1787, Congress endorsed the call for

a convention to serve the purpose of drafting amendments to the Articles of Confederation.

By May, eleven states had acted to name delegates to the convention to be held in Philadelphia.

The Constitutional Convention convened on May 25, 1787, with twenty-nine delegates from nine states in attendance. Over the next four months, more than fifty-five delegates

from twelve states would participate. Rhode Island, in fear of any centralized power, sent no

delegates.

Constitutional Convention The delegates were united by four common

concerns: The United States was being treated with contempt

by other nations and foreign trade had suffered as a consequence.

The economic radicalism of Shays’s Rebellion would spread without a stronger central government.

The Native-Americans had threatened frontiersman and land speculators, and Congress was ill-equipped to protect its citizens.

The postwar economic depression had worsened and Congress was powerless to take any action to address it.

Constitutional Convention It quickly became evident that a convention

originally called to discuss amendments to the Articles of Confederation would be undertaking a more drastic overhaul of the American system of government.

Members of the Virginia delegation got the ball rolling when they introduced the Virginia Plan. Introduced on May 29, 1787, by Edmund Randolph of

Virginia. This so-called “large states plan” was initially favored

by delegates from Virginia, Pennsylvania, and Massachusetts.

Edmund Randolph(1753-1813)Edmund Randolph, an American statesman and lawyer, was an exceedingly influential public figure from 1780 to 1800.

The Virginia PlanBranches Bicameral legislature with one

house elected by the people and the other chosen by the first.

Legislature All representatives and senators apportioned by population.

Other Powers

Singular Executive chosen by the legislature.Congress can legislate wherever “States are incompetent” or to preserve the “harmony of the United States.”

Constitutional Convention To counter the Virginia Plan, delegates from less

populous states proposed the New Jersey Plan. Introduced on June 15, 1787 by William Paterson of New

Jersey. This so-called “small states plan” was initially favored

by delegates from New Jersey, New York, Connecticut, Maryland, and Delaware.

By July 2, 1787, disagreements over the design of the legislature and the issue of representation had brought the convention to a near dead end.

The delegates then agreed to submit the matter to a smaller committee in the hope that it might craft some form of compromise.

William Paterson(1745-1806)William Paterson was a distinguished public servant during the early years of the Republic serving as governor of New Jersey, a Framer of the U.S. Constitution, a U.S. Senator, and associate justice of the U.S. Supreme Court.

The New Jersey PlanBranches Unicameral legislature elected

by the people.Legislature Equal representation among

states.Other Powers

Plural Executive chosen by the legislature.Congress has power to tax and regulate commerce.

Constitutional Convention The product of that committee’s deliberations was a

set of compromises, termed the Great Compromise by historians. Introduced by Roger Sherman of Connecticut and as such

the agreement is also known as the Connecticut Compromise.

The Great Compromise was eventually approved by a narrow 5-4 margin of the state delegations. Connecticut, New Jersey, Delaware, Maryland, and North

Carolina approved. Pennsylvania, Virginia, South Carolina, and Georgia

opposed. New York and New Hampshire were absent. The Massachusetts delegation was deadlocked.

Roger Sherman(1721-1793)Roger Sherman was a colonial and U.S. politician and judge who played a critical role at the Constitutional Convention of 1787, devising a plan for legislative representation that favored both large and small states.

The Great CompromiseBranches Bicameral legislature with one

house elected by the people and the other chosen by State legislatures

Legislature Members of one house are apportioned by population with five slaves counted as three free men and members of the other house are apportioned equally among the States.

Other Powers

Singular Executive elected through the Electoral College.Congress has power to tax only in proportion to representation in the lower house and all appropriation bills must originate in the lower house.

The Slavery Issue The issue of representation collided with another

thorny issue looming over the convention proceedings: the issue of slavery.

Four southern states had slave populations of more than 100,000 each while four northern states had a combined total of just 4,000 slaves within their borders.. Elsewhere, two New England states had already banned

slavery. Many delegates believed that any extensive

discussion of slavery would become so divisive that it would bring the entire gathering to a standstill.

The Slavery Issue Southern delegates wanted slaves to be

counted equally with free people in determining the apportionment of representatives.

Northern delegates opposed such a policy for representation because they feared it would give the southern states more power. They did, however, want slaves counted equally for

the purpose of apportioning taxes among the states. In an effort to forestall the convention’s

collapse, the delegates crafted a series of compromises.

The Slavery Issue By the agreement known as the Three-Fifths

Compromise, five slaves would be counted as the equivalent of three “free persons” for purposes of taxes and representation. Once again, neither side got exactly what it wanted.

The Constitution said nothing about either preserving or outlawing slavery. The only specific provision about slavery was a time

limit on legislation banning slave importation. Not until the Civil War decades later would the

conflict over slavery be finally resolved.

The Ratification Battle Once Congress submitted the Constitution to the

states for approval, battle lines were formed between the Federalists and Anti-Federalists. A Federalist supported the ratification for the new

Constitution. An Anti-Federalist opposed the ratification for the new

Constitution. From the outset, the Federalists enjoyed a number

of structural and tactical advantages in this conflict.

Between the fall of 1787 and the summer of 1788, the Federalists launched an aggressive media campaign through newspapers.

The Ratification Battle James Madison, Alexander Hamilton, and John

Jay wrote seventy-seven essays explaining and defending the new Constitution and its ratification. These essays are formally called the Federalist Papers.

Signed under the name “Publius,” the essays were collected, printed, and published in book form under the title The Federalist. The pseudonym “Publius” was used in honor of

Valerius Publicola, a Roman aristocrat who overthrew the monarchy and instituted the Roman Republic.

The Federalist PapersThe Federalist Papers appeared in three New York newspapers – the Independent Journal, the New-York Packet, and the Daily Advisor.The high demand for the essays led to their permanent publication titled, The Federalist.

The Ratification Battle The essays discussed the benefits of a new

Constitution, the inadequacies of the Articles, and the need for a strong national government: Federalist No. 10 - Madison argued that by extending

the scope of federal action, you make it less possible for the majority to invade the rights of the minority.

Federalist No. 15 - Hamilton attacked the Articles by arguing the inability of any resolute action by the federal government because of the retained State powers.

Federalist No. 46 - Madison defended the system of federalism by arguing that the States had sufficient room to resist federal encroachment.

The Ratification Battle Federalist No. 51 - Madison argued that the new

Constitution would prevent the government from abusing its citizens because of the “multiplicity of interests.”

Federalist No. 70 - Hamilton argued for a unitary, one-person executive to play a critical role as a check on the legislative system.

In late 1787 and early 1788, the Anti-Federalists counted with a media campaign of their own.

In letters written under the pseudonym “Brutus” and “The Federal Farmer,” they claimed the new government’s power to impose taxes on the states would rival that of the British system of internal taxation.

TheAnti-Federalist PapersThe major Anti-Federalist authors included George Clinton (Cato), Robert Yates (Brutus), Samuel Bryan (Centinel), and Richard Henry Lee (the Federal Farmer).Speeches by Patrick Henry were often included as well.

The Ratification Battle Perhaps the Anti-Federalists’ most effective

criticism was that the Constitution lacked a bill of rights that explicitly protected citizens’ individual rights. They rejected Madison’s Federalist No. 51 that

limitations on the central government provided those protections.

Ratification ultimately succeeded but by the narrowest of margins.

Of the first five states to ratify, four did so with little or no opposition: Delaware, New Jersey, Georgia, and Connecticut.

The Ratification Battle Pennsylvania ratified only after a bitter

conflict at its ratifying convention. Massachusetts became the sixth state to

ratify when proponents of the Constitution promised to push for a bill of rights after ratification.

By June, three more states had voted to ratify, providing the critical threshold of nine states required under the Constitution: Maryland, South Carolina, and New Hampshire.

The Ratification Battle Still, the Federalists worried that without

ratification by the major states of New York and Virginia, the new nation would not succeed. Madison only gained the upper hand with an assist from

George Washington, whose eminent stature helped capture numerous Federalist votes.

With victory in Virginia, Hamilton and Jay capitalized on the positive news and secured victory at the New York ratifying convention.

With more than nine votes, including the two most crucial state, the Congress appointed a committee to prepare the new Constitution on July 2, 1788.