"Every man and every body of men on earth, possess the
right of self-government." Thomas Jefferson, 1790 STATE CONSTITUTIONS The success of the Revolution gave Americans the opportunity
to give legal form to their ideals as expressed in the
Declaration of Independence, and to remedy some of their
grievances through state constitutions. As early as May 10, 1776,
Congress had passed a resolution advising the colonies to form
new governments "such as shall best conduce to the happiness
and safety of their constituents." Some of them had already
done so, and within a year after the Declaration of Independence,
all but three had drawn up constitutions. The new constitutions
showed the impact of democratic ideas. None made any drastic
break with the past, since all were built on the solid foundation
of colonial experience and English practice. But each was also
animated by the spirit of republicanism, an ideal that had long
been praised by Enlightenment philosophers. Naturally, the first objective of the framers of the state
constitutions was to secure those "unalienable rights"
whose violation had caused the former colonies to repudiate their
connection with Britain. Thus, each constitution began with a
declaration or bill of rights. Virginia's, which served as a
model for all the others, included a declaration of principles,
such as popular sovereignty, rotation in office, freedom of
elections and an enumeration of fundamental liberties: moderate
bail and humane punishment, speedy trial by jury, freedom of the
press and of conscience, and the right of the majority to reform
or alter the government. Other states enlarged the list of liberties to guarantee
freedom of speech, of assembly and of petition, and frequently
included such provisions as the right to bear arms, to a writ of
habeas corpus, to inviolability of domicile and to equal
protection under the law. Moreover, all the constitutions paid
allegiance to the three-branch structure of government --
executive, legislative and judiciary -- each checked and balanced
by the others. Pennsylvania's constitution was the most radical. In that
state, Philadelphia artisans, Scots-Irish frontiersmen and
German-speaking farmers had taken control. The provincial
congress adopted a constitution that permitted every male
taxpayer and his sons to vote, required rotation in office (no
one could serve as a representative more than four years out of
every seven) and set up a single-chamber legislature. The state constitutions had some glaring limitations,
particularly by more recent standards. Constitutions established
to guarantee people their natural rights did not secure for
everyone the most fundamental natural right -- equality. The
colonies south of Pennsylvania excluded their slave populations
from their inalienable rights as human beings. Women had no
political rights. No state went so far as to permit universal
male suffrage, and even in those states that permitted all
taxpayers to vote (Delaware, North Carolina and Georgia, in
addition to Pennsylvania), office-holders were required to own a
certain amount of property. ARTICLES OF CONFEDERATION The struggle with England had done much to change colonial
attitudes. Local assemblies had rejected the Albany Plan of Union
in 1754, refusing to surrender even the smallest part of their
autonomy to any other body, even one they themselves had elected.
But in the course of the Revolution, mutual aid had proved
effective, and the fear of relinquishing individual authority had
lessened to a large degree. John Dickinson produced the "Articles of Confederation
and Perpetual Union" in 1776. The Continental Congress
adopted them in November 1777, and they went into effect in 1781,
having been ratified by all the states. The governmental
framework established by the Articles had many weaknesses. The
national government lacked the authority to set up tariffs when
necessary, to regulate commerce and to levy taxes. It lacked sole
control of international relations: a number of states had begun
their own negotiations with foreign countries. Nine states had
organized their own armies, and several had their own navies.
There was a curious hodgepodge of coins and a bewildering variety
of state and national paper bills, all fast depreciating in
value. Economic difficulties after the war prompted calls for change.
The end of the war had a severe effect on merchants who supplied
the armies of both sides and who had lost the advantages deriving
from participation in the British mercantile system. The states
gave preference to American goods in their tariff policies, but
these tariffs were inconsistent, leading to the demand for a
stronger central government to implement a uniform policy. Farmers probably suffered the most from economic difficulties
following the Revolution. The supply of farm produce exceeded
demand, and unrest centered chiefly among farmer-debtors who
wanted strong remedies to avoid foreclosure on their property and
imprisonment for debt. Courts were clogged with suits for debt.
All through the summer of 1786, popular conventions and informal
gatherings in several states demanded reform in the state
administrations. In the autumn of 1786, mobs of farmers in Massachusetts under
the leadership of a former army captain, Daniel Shays, began
forcibly to prevent the county courts from sitting and passing
further judgments for debt, pending the next state election. In
January 1787 a ragtag army of 1,200 farmers moved toward the
federal arsenal at Springfield. The rebels, armed chiefly with
staves and pitchforks, were repulsed by a small state militia
force; General Benjamin Lincoln then arrived with reinforcements
from Boston and routed the remaining Shaysites, whose leader
escaped to Vermont. The government captured 14 rebels and
sentenced them to death, but ultimately pardoned some and let the
others off with short prison terms. After the defeat of the
rebellion, a newly elected legislature, whose majority
sympathized with the rebels, met some of their demands for debt
relief. THE PROBLEM OF EXPANSION With the end of the Revolution, the United States again had to
face the old unsolved Western question -- the problem of
expansion, with its complications of land, fur trade, Indians,
settlement and local government. Lured by the richest land yet
found in the country, pioneers poured over the Appalachian
Mountains and beyond. By 1775 the far-flung outposts scattered
along the waterways had tens of thousands of settlers. Separated
by mountain ranges and hundreds of kilometers from the centers of
political authority in the East, the inhabitants established
their own governments. Settlers from all the tidewater states
pressed on into the fertile river valleys, hardwood forests and
rolling prairies of the interior. By 1790 the population of the
trans-Appalachian region numbered well over 120,000. Before the war, several colonies had laid extensive and often
overlapping claims to land beyond the Appalachians. To those
without such claims this rich territorial prize seemed unfairly
apportioned. Maryland, speaking for the latter group, introduced
a resolution that the western lands be considered common property
to be parceled by the Congress into free and independent
governments. This idea was not received enthusiastically. Nonetheless, in 1780 New York led the way by ceding its claims
to the United States. In 1784 Virginia, which held the grandest
claims, relinquished all land north of the Ohio River. Other
states ceded their claims, and it became apparent that Congress
would come into possession of all the lands north of the Ohio
River and west of the Allegheny Mountains. This common possession
of millions of hectares was the most tangible evidence yet of
nationality and unity, and gave a certain substance to the idea
of national sovereignty. At the same time, these vast territories
were a problem that required solution. The Articles of Confederation offered an answer. Under the
Articles, a system of limited self-government (set forth in the
Northwest Ordinance of 1787) provided for the organization of the
Northwest Territory, initially as a single district, ruled by a
governor and judges appointed by the Congress. When this
territory had 5,000 free male inhabitants of voting age, it was
to be entitled to a legislature of two chambers, itself electing
the lower house. In addition, it could at that time send a
non-voting delegate to Congress. No more than five nor fewer than three states were to be
formed out of this territory, and whenever any one of them had
60,000 free inhabitants, it was to be admitted to the Union
"on an equal footing with the original states in all
respects." The Ordinance guaranteed civil rights and
liberties, encouraged education and guaranteed that "there
shall be neither slavery nor involuntary servitude in the said
territory." The new policy repudiated the time-honored concept that
colonies existed for the benefit of the mother country and were
politically subordinate and socially inferior. That doctrine was
replaced by the principle that colonies are but the extension of
the nation and are entitled, not as a privilege but as a right,
to all the benefits of equality. These enlightened provisions of
the Northwest Ordinance formed the basis for America's public
land policy. CONSTITUTIONAL CONVENTION George Washington wrote of the period between the Treaty of
Paris and the writing of the Constitution that the states were
united only by a "rope of sand."Disputes between
Maryland and Virginia over navigation on the Potomac River led to
a conference of representatives of five states at Annapolis,
Maryland, in 1786. One of the delegates, Alexander Hamilton,
convinced his colleagues that commerce was too much bound up with
other political and economic questions, and that the situation
was too serious to be dealt with by so unrepresentative a body. He advocated calling upon all the states to appoint
representatives for a meeting to be held the following spring in
Philadelphia. The Continental Congress was at first indignant
over this bold step, but its protests were cut short by the news
that Virginia had elected George Washington a delegate. During
the next fall and winter, elections were held in all states but
Rhode Island. It was a gathering of notables that assembled at the Federal
Convention in the Philadelphia State House in May 1787. The state
legislatures sent leaders with experience in colonial and state
governments, in Congress, on the bench and in the army. George
Washington, regarded as the country's outstanding citizen because
of his integrity and his military leadership during the
Revolution, was chosen as presiding officer. Prominent among the more active members were two
Pennsylvanians: Gouverneur Morris, who clearly saw the need for
national government, and James Wilson, who labored indefatigably
for the national idea. Also elected by Pennsylvania was Benjamin
Franklin, nearing the end of an extraordinary career of public
service and scientific achievement. From Virginia came James
Madison, a practical young statesman, a thorough student of
politics and history and, according to a colleague, "from a
spirit of industry and application...the best-informed man on any
point in debate." Madison today is recognized as the
"Father of the Constitution." Massachusetts sent Rufus King and Elbridge Gerry, young men of
ability and experience. Roger Sherman, shoemaker turned judge,
was one of the representatives from Connecticut. From New York
came Alexander Hamilton, who had proposed the meeting. Absent
from the Convention were Thomas Jefferson, who was serving in
France as minister, and John Adams, serving in the same capacity
in Great Britain. Youth predominated among the 55 delegates --
the average age was 42. The Convention had been authorized merely to draft amendments
to the Articles of Confederation but, as Madison later wrote, the
delegates, "with a manly confidence in their country,"
simply threw the Articles aside and went ahead with the building
of a wholly new form of government. They recognized that the paramount need was to reconcile two
different powers -- the power of local control, which was already
being exercised by the 13 semi-independent states, and the power
of a central government. They adopted the principle that the
functions and powers of the national government, being new,
general and inclusive, had to be carefully defined and stated,
while all other functions and powers were to be understood as
belonging to the states. But realizing that the central
government had to have real power, the delegates also generally
accepted the fact that the government should be authorized --
among other things -- to coin money, to regulate commerce, to
declare war and to make peace. DEBATE AND COMPROMISE The 18th-century statesmen who met in Philadelphia were
adherents of Montesquieu's concept of the balance of power in
politics. This principle was supported by colonial experience and
strengthened by the writings of John Locke, with which most of
the delegates were familiar. These influences led to the
conviction that three equal and coordinate branches of government
should be established. Legislative, executive and judicial powers
were to be so harmoniously balanced that no one could ever gain
control. The delegates agreed that the legislative branch, like
the colonial legislatures and the British Parliament, should
consist of two houses. On these points there was unanimity within the assembly. But
sharp differences arose as to the method of achieving them.
Representatives of the small states -- New Jersey, for instance
-- objected to changes that would reduce their influence in the
national government by basing representation upon population
rather than upon statehood, as was the case under the Articles of
Confederation. On the other hand, representatives of large states, like
Virginia, argued for proportionate representation. This debate
threatened to go on endlessly until Roger Sherman came forward
with arguments for representation in proportion to the population
of the states in one house of Congress, the House of
Representatives, and equal representation in the other, the
Senate. The alignment of large against small states then dissolved.
But almost every succeeding question raised new problems, to be
resolved only by new compromises. Northerners wanted slaves
counted when determining each state's tax share, but not in
determining the number of seats a state would have in the House
of Representatives. According to a compromise reached with little
dissent, the House of Representatives would be apportioned
according to the number of free inhabitants plus three-fifths of
the slaves. Certain members, such as Sherman and Elbridge Gerry, still
smarting from the Shays Rebellion, feared that the mass of people
lacked sufficient wisdom to govern themselves and thus wished no
branch of the federal government to be elected directly by the
people. Others thought the national government should be given as
broad a popular base as possible. Some delegates wished to
exclude the growing West from the opportunity of statehood;
others championed the equality principle established in the
Northwest Ordinance of 1787. There was no serious difference on such national economic
questions as paper money, laws concerning contract obligations or
the role of women, who were excluded from politics. But there was
a need for balancing sectional economic interests; for settling
arguments as to the powers, term and selection of the chief
executive; and for solving problems involving the tenure of
judges and the kind of courts to be established. Laboring through a hot Philadelphia summer, the Convention
finally achieved a draft incorporating in a brief document the
organization of the most complex government yet devised -- a
government supreme within a clearly defined and limited sphere.
In conferring powers, the Convention gave the federal government
full power to levy taxes, borrow money, establish uniform duties
and excise taxes, coin money, fix weights and measures, grant
patents and copyrights, set up post offices, and build post
roads. The national government also had the power to raise and
maintain an army and navy, and to regulate interstate commerce.
It was given the management of Indian affairs, foreign policy and
war. It could pass laws for naturalizing foreigners and
controlling public lands, and it could admit new states on a
basis of absolute equality with the old. The power to pass all
necessary and proper laws for executing these clearly defined
powers rendered the federal government able to meet the needs of
later generations and of a greatly expanded body politic. The principle of separation of powers had already been given a
fair trial in most state constitutions and had proved sound.
Accordingly, the Convention set up a governmental system with
separate legislative, executive and judiciary branches -- each
checked by the others. Thus congressional enactments were not to
become law until approved by the president. And the president was
to submit the most important of his appointments and all his
treaties to the Senate for confirmation. The president, in turn,
could be impeached and removed by Congress. The judiciary was to
hear all cases arising under federal laws and the Constitution;
in effect, the courts were empowered to interpret both the
fundamental and the statute law. But members of the judiciary,
appointed by the president and confirmed by the Senate, could
also be impeached by Congress. To protect the Constitution from hasty alteration, Article V
stipulated that amendments to the Constitution be proposed either
by two-thirds of both houses of Congress or by two-thirds of the
states, meeting in convention. The proposals were to be ratified
by one of two methods: either by the legislatures of
three-fourths of the states, or by convention in three-fourths of
the states, with the Congress proposing the method to be used. Finally, the Convention faced the most important problem of
all: how should the powers given to the new government be
enforced? Under the Articles of Confederation, the national
government had possessed -- on paper -- significant powers,
which, in practice, had come to naught, for the states paid no
attention to them. What was to save the new government from the
same fate? At the outset, most delegates furnished a single answer -- the
use of force. But it was quickly seen that the application of
force upon the states would destroy the Union. The decision was
that the government should not act upon the states but upon the
people within the states, and should legislate for and upon all
the individual residents of the country. As the keystone of the
Constitution, the Convention adopted two brief but highly
significant statements: Congress shall have power...to make all laws which shall be
necessary and proper for carrying into execution the...powers
vested by this Constitution in the Government of the United
States....(Article I, Section 7) This Constitution and the laws of the United States, which
shall be made in pursuance thereof; and all treaties made, or
which shall be made, under the authority of the United States,
shall be the supreme law of the land; and the judges in every
State shall be bound thereby, any thing in the Constitution or
laws of any State to the contrary notwithstanding. (Article VI) Thus the laws of the United States became enforceable in its
own national courts, through its own judges and marshals, as well
as in the state courts through the state judges and state law
officers. Debate continues to this day about the motives of those who
wrote the Constitution. In 1913 Charles Beard, in An Economic
Interpretation of the Constitution, argued that the Founding
Fathers stood to gain economic advantages from the stability
imposed by a powerful and authoritative national government
because they held large amounts of depreciated government
securities. However, James Madison, principal drafter of the
constitution, held no bonds, while some opponents of the
Constitution held large amounts of bonds and securities. Economic
interests influenced the course of the debate, but so did state,
sectional and ideological interests. Equally important was the
idealism of the framers. Products of the Enlightenment, the
Founding Fathers designed a government that, they believed, would
promote individual liberty and public virtue. The ideals embodied
in the U.S. Constitution are an essential element of the American
national identity. RATIFICATION AND THE BILL OF RIGHTS On September 17, 1787, after 16 weeks of deliberation, the
finished Constitution was signed by 39 of the 42 delegates
present. Franklin, pointing to the half-sun painted in brilliant
gold on the back of Washington's chair, said: I have often in the course of the session...looked at that
[chair] behind the president, without being able to tell whether
it was rising or setting; but now, at length, I have the
happiness to know that it is a rising, and not a setting, sun. The Convention was over; the members "adjourned to the
City Tavern, dined together, and took a cordial leave of each
other." Yet a crucial part of the struggle for a more
perfect union was yet to be faced. The consent of popularly
elected state conventions was still required before the document
could become effective. The Convention had decided that the Constitution would take
effect upon ratification by conventions in nine of the 13 states.
By June 1788 the required nine states ratified the Constitution,
but the large states of Virginia and New York had not. Most
people felt that without the support of these two states, the
Constitution would never be honored. To many, the document seemed
full of dangers: would not the strong central government that it
established tyrannize them, oppress them with heavy taxes and
drag them into wars? Differing views on these questions brought into existence two
parties, the Federalists, who favored a strong central
government, and the Antifederalists, who preferred a loose
association of separate states. Impassioned arguments on both
sides were voiced by the press, the legislatures and the state
conventions. In Virginia, the Antifederalists attacked the proposed new
government by challenging the opening phrase of the Constitution:
"We the People of the United States." Without using the
individual state names in the Constitution, the delegates argued,
the states would not retain their separate rights or powers.
Virginia Antifederalists were led by Patrick Henry, who became
the chief spokesman for back-country farmers who feared the
powers of the new central government. Wavering delegates were
persuaded by a proposal that the Virginia convention recommend a
bill of rights, and Antifederalists joined with the Federalists
to ratify the Constitution on June 25. In New York, Alexander Hamilton, John Jay and James Madison
pushed for the ratification of the Constitution in a series of
essays known as The Federalist Papers. The essays, published in
New York newspapers, provided a now-classic argument for a
central federal government, with separate executive, legislative
and judicial branches that checked and balanced one another. With
The Federalist Papers influencing the New York delegates, the
Constitution was ratified on July 26. Antipathy toward a strong central government was only one
concern among those opposed to the Constitution; of equal concern
to many was the fear that the Constitution did not protect
individual rights and freedoms sufficiently. Virginian George
Mason, author of Virginia's 1776 Declaration of Rights, was one
of three delegates to the Constitutional Convention who refused
to sign the final document because it did not enumerate
individual rights. Together with Patrick Henry, he campaigned
vigorously against ratification of the Constitution by Virginia.
Indeed, five states, including Massachusetts, ratified the
Constitution on the condition that such amendments be added
immediately. When the first Congress convened in New York City in September
1789, the calls for amendments protecting individual rights were
virtually unanimous. Congress quickly adopted 12 such amendments;
by December 1791, enough states had ratified 10 amendments to
make them part of the Constitution. Collectively, they are known
as the Bill of Rights. Among their provisions: freedom of speech,
press, religion, and the right to assemble peacefully, protest
and demand changes (First Amendment); protection against
unreasonable searches, seizures of property and arrest (Fourth
Amendment); due process of law in all criminal cases (Fifth
Amendment); right to a fair and speedy trial (Sixth Amendment);
protection against cruel and unusual punishment (Eighth
Amendment); and provision that the people retain additional
rights not listed in the Constitution (Ninth Amendment). Since the adoption of the Bill of Rights, only 16 more
amendments have been added to the Constitution. Although a number
of the subsequent amendments revised the federal government's
structure and operations, most followed the precedent established
by the Bill of Rights and expanded individual rights and
freedoms. PRESIDENT WASHINGTON One of the last acts of the Congress of the Confederation was
to arrange for the first presidential election, setting March 4,
1789, as the date that the new government would come into being.
One name was on everyone's lips for the new chief of state --
George Washington -- and he was unanimously chosen president on
April 30, 1789. In words spoken by every president since,
Washington pledged to execute the duties of the presidency
faithfully and, to the best of his ability, to "preserve,
protect and defend the Constitution of the United States." When Washington took office, the new Constitution enjoyed
neither tradition nor the full backing of organized public
opinion. Moreover, the new government had to create its own
machinery. No taxes were forthcoming. Until a judiciary could be
established, laws could not be enforced. The Army was small. The
Navy had ceased to exist. Congress quickly created the departments of State and
Treasury, with Thomas Jefferson and Alexander Hamilton as their
respective secretaries. Simultaneously, the Congress established
the federal judiciary, establishing not only a Supreme Court,
with one chief justice and five associate justices, but also
three circuit courts and 13 district courts. Both a secretary of
war and an attorney general were also appointed. And since
Washington generally preferred to make decisions only after
consulting those men whose judgment he valued, the American
presidential Cabinet came into existence, consisting of the heads
of all the departments that Congress might create. Meanwhile, the country was growing steadily and immigration
from Europe was increasing. Americans were moving westward: New
Englanders and Pennsylvanians into Ohio; Virginians and
Carolinians into Kentucky and Tennessee. Good farms were to be
had for small sums; labor was in strong demand. The rich valley
stretches of upper New York, Pennsylvania and Virginia soon
became great wheat-growing areas. Although many items were still homemade, the Industrial
Revolution was dawning in America. Massachusetts and Rhode Island
were laying the foundation of important textile industries;
Connecticut was beginning to turn out tinware and clocks; New
York, New Jersey and Pennsylvania were producing paper, glass and
iron. Shipping had grown to such an extent that on the seas the
United States was second only to Britain. Even before 1790,
American ships were traveling to China to sell furs and bring
back tea, spices and silk. At this critical juncture in the country's growth,
Washington's wise leadership was crucial. He organized a national
government, developed policies for settlement of territories
previously held by Britain and Spain, stabilized the northwestern
frontier and oversaw the admission of three new states: Vermont
(1791), Kentucky (1792) and Tennessee (1796). Finally, in his
Farewell Address, Washington warned the nation to "steer
clear of permanent alliances with any portion of the foreign
world." This advice influenced American attitudes toward the
rest of the world for generations to come. HAMILTON VS. JEFFERSON The conflict that took shape in the 1790s between the
Federalists and the Antifederalists exercised a profound impact
on American history. The Federalists, led by Alexander Hamilton,
who had married into the wealthy Schuyler family, represented the
urban mercantile interests of the seaports; the Antifederalists,
led by Thomas Jefferson, spoke for the rural and southern
interests. The debate between the two concerned the power of the
central government versus that of the states, with the
Federalists favoring the former and the Antifederalists
advocating states' rights. Hamilton sought a strong central government acting in the
interests of commerce and industry. He brought to public life a
love of efficiency, order and organization. In response to the
call of the House of Representatives for a plan for the
"adequate support of public credit," he laid down and
supported principles not only of the public economy, but of
effective government. Hamilton pointed out that America must have credit for
industrial development, commercial activity and the operations of
government. It must also have the complete faith and support of
the people. There were many who wished to repudiate the national
debt or pay only part of it. Hamilton, however insisted upon full
payment and also upon a plan by which the federal government took
over the unpaid debts of the states incurred during the
Revolution. Hamilton also devised a Bank of the United States, with the
right to establish branches in different parts of the country. He
sponsored a national mint, and argued in favor of tariffs, using
a version of an "infant industry" argument: that
temporary protection of new firms can help foster the development
of competitive national industries. These measures -- placing the
credit of the federal government on a firm foundation and giving
it all the revenues it needed -- encouraged commerce and
industry, and created a solid phalanx of businessmen who stood
firmly behind the national government. Jefferson advocated a decentralized agrarian republic. He
recognized the value of a strong central government in foreign
relations, but he did not want it strong in other respects.
Hamilton's great aim was more efficient organization, whereas
Jefferson once said "I am not a friend to a very energetic
government." Hamilton feared anarchy and thought in terms of
order; Jefferson feared tyranny and thought in terms of freedom. The United States needed both influences. It was the country's
good fortune that it had both men and could, in time, fuse and
reconcile their philosophies. One clash between them, which
occurred shortly after Jefferson took office as secretary of
state, led to a new and profoundly important interpretation of
the Constitution. When Hamilton introduced his bill to establish
a national bank, Jefferson objected. Speaking for those who
believed in states' rights, Jefferson argued that the
Constitution expressly enumerates all the powers belonging to the
federal government and reserves all other powers to the states.
Nowhere was it empowered to set up a bank. Hamilton contended that because of the mass of necessary
detail, a vast body of powers had to be implied by general
clauses, and one of these authorized Congress to "make all
laws which shall be necessary and proper" for carrying out
other powers specifically granted. The Constitution authorized
the national government to levy and collect taxes, pay debts and
borrow money. A national bank would materially help in performing
these functions efficiently. Congress, therefore, was entitled,
under its implied powers, to create such a bank. Washington and
the Congress accepted Hamilton's view -- and an important
precedent for an expansive interpretation of the federal
government's authority. CITIZEN GENET AND FOREIGN POLICY Although one of the first tasks of the new government was to
strengthen the domestic economy and make the nation financially
secure, the United States could not ignore foreign affairs. The
cornerstones of Washington's foreign policy were to preserve
peace, to give the country time to recover from its wounds and to
permit the slow work of national integration to continue. Events
in Europe threatened these goals. Many Americans were watching
the French Revolution with keen interest and sympathy, and in
April 1793, news came that made this conflict an issue in
American politics. France had declared war on Great Britain and
Spain, and a new French envoy, Edmond Charles Genet -- known as
Citizen Genet -- was coming to the United States. After the execution of King Louis XVI in January 1793,
Britain, Spain and Holland had become involved in war with
France. According to the Franco-American Treaty of Alliance of
1778, the United States and France were perpetual allies, and
America was obliged to help France defend the West Indies.
However, the United States, militarily and economically a very
weak country, was in no position to become involved in another
war with major European powers. On April 22, 1793, Washington
effectively abrogated the terms of the 1778 treaty that made
American independence possible by proclaiming the United States
to be "friendly and impartial toward the belligerent
powers." When Genet arrived, he was cheered by many
citizens, but treated with cool formality by the government.
Angered, he violated a promise not to outfit a captured British
ship as a privateer. Genet then threatened to take his cause
directly to the American people, over the head of the government.
Shortly afterward, the United States requested his recall by the
French government. The Genet incident strained American relations with France at
a time when relations with Great Britain were far from
satisfactory. British troops still occupied forts in the West,
property carried off by British soldiers during the Revolution
had not been restored or paid for, and the British navy was
seizing American ships bound for French ports. To settle these
matters, Washington sent John Jay, first chief justice of the
Supreme Court, to London as a special envoy, where he negotiated
a treaty securing withdrawal of British soldiers from western
forts and London's promise to pay damages for Britain's seizure
of ships and cargoes in 1793 and 1794. Reflecting the weakness of
the U.S. position, the treaty placed severe limitations on
American trade with the West Indies and said nothing about either
the seizure of American ships in the future, or
"impressment" -- the forcing of American sailors into
British naval service. Jay also accepted the British view that
naval stores and war materiel were contraband which could not be
conveyed to enemy ports by neutral ships. Jay's Treaty touched off a stormy disagreement over foreign
policy between the Antifederalists, now called Republicans, and
the Federalists. The Federalists favored a pro-British policy
because the commercial interests they represented profited from
trade with Britain. By contrast, the Republicans favored France,
in large measure for ideological reasons, and regarded the Jay
Treaty as too favorable to Britain. After long debate, however,
the Senate ratified the treaty. ADAMS AND JEFFERSON Washington retired in 1797, firmly declining to serve for more
than eight years as the nation's head. His vice president, John
Adams of Massachusetts, was elected the new president. Even
before he entered the presidency, Adams had quarreled with
Alexander Hamilton -- and thus was handicapped by a divided
party. These domestic difficulties were compounded by international
complications: France, angered by Jay's recent treaty with
Britain, used the British argument that food supplies, naval
stores and war materiel bound for enemy ports were subject to
seizure by the French navy. By 1797 France had seized 300
American ships and had broken off diplomatic relations with the
United States. When Adams sent three other commissioners to Paris
to negotiate, agents of Foreign Minister Charles Maurice de
Talleyrand (whom Adams labeled X, Y and Z in his report to
Congress) informed the Americans that negotiations could only
begin if the United States loaned France $12 million and bribed
officials of the French government. American hostility to France
rose to an excited pitch. The so-called XYZ Affair led to the
enlistment of troops and the strengthening of the fledgling U.S.
Navy. In 1799, after a series of sea battles with the French, war
seemed inevitable. In this crisis, Adams thrust aside the
guidance of Hamilton, who wanted war, and sent three new
commissioners to France. Napoleon, who had just come to power,
received them cordially, and the danger of conflict subsided with
the negotiation of the Convention of 1800, which formally
released the United States from its 1778 defense alliance with
France. However, reflecting American weakness, France refused to
pay $20 million in compensation for American ships taken by the
French navy. Hostility to France led Congress to pass the Alien and
Sedition Acts, which had severe repercussions for American civil
liberties. The Naturalization Act, which changed the requirement
for citizenship from five to 14 years, was targeted at Irish and
French immigrants suspected of supporting the Republicans. The
Alien Act, operative for two years only, gave the president the
power to expel or imprison aliens in time of war. The Sedition
Act proscribed writing, speaking or publishing anything of
"a false, scandalous and malicious" nature against the
president or Congress. The few convictions won under the Sedition
Act only created martyrs to the cause of civil liberties and
aroused support for the Republicans. The acts met with resistance. Jefferson and Madison sponsored
the passage of the Kentucky and Virginia Resolutions by the
legislatures of the two states in November and December 1798.
According to the resolutions, states could "interpose"
their views on federal actions and "nullify" them. The
doctrine of nullification would be used later for the Southern
states' defense of their interests vis-a-vis the North on the
question of the tariff, and, more ominously, slavery. By 1800 the American people were ready for a change. Under
Washington and Adams, the Federalists had established a strong
government, but sometimes failing to honor the principle that the
American government must be responsive to the will of the people,
they had followed policies that alienated large groups. For
example, in 1798 they had enacted a tax on houses, land and
slaves, affecting every property owner in the country. Jefferson had steadily gathered behind him a great mass of
small farmers, shopkeepers and other workers, and they asserted
themselves in the election of 1800. Jefferson enjoyed
extraordinary favor because of his appeal to American idealism.
In his inaugural address, the first such speech in the new
capital of Washington, D.C., he promised "a wise and frugal
government" to preserve order among the inhabitants but
would "leave them otherwise free to regulate their own
pursuits of industry, and improvement." Jefferson's mere presence in The White House encouraged
democratic procedures. He taught his subordinates to regard
themselves merely as trustees of the people. He encouraged
agriculture and westward expansion. Believing America to be a
haven for the oppressed, he urged a liberal naturalization law.
By the end of his second term, his far-sighted secretary of the
treasury, Albert Gallatin, had reduced the national debt to less
than $560 million. As a wave of Jeffersonian fervor swept the
nation, state after state abolished property qualifications for
the ballot and passed more humane laws for debtors and criminals.
LOUISIANA AND BRITAIN One of Jefferson's acts doubled the area of the country. At
the end of the Seven Years' War, France had ceded to Spain the
territory west of the Mississippi River, with the port of New
Orleans near its mouth -- a port indispensable for the shipment
of American products from the Ohio and Mississippi valleys.
Shortly after Jefferson became president, Napoleon forced a weak
Spanish government to cede the great tract called Louisiana back
to France. The move filled Americans with apprehension and
indignation. Napoleon's plans for a huge colonial empire just
west of the United States threatened the trading rights and the
safety of all American interior settlements. Jefferson asserted
that if France took possession of Louisiana, "from that
moment we must marry ourselves to the British fleet and
nation." Napoleon, knowing that another war with Great
Britain was impending, resolved to fill his treasury and put
Louisiana beyond the reach of the British by selling it to the
United States. This put Jefferson in a constitutional quandary:
the Constitution gave no office the power to purchase territory.
At first Jefferson wanted to amend the Constitution, but his
advisers told him that delay might lead Napoleon to change his
mind -- and that the power to purchase territory was inherent in
the power to make treaties. Jefferson relented, saying that
"the good sense of our country will correct the evil of
loose construction when it shall produce ill effects." For $15 million, the United States obtained the
"Louisiana Purchase" in 1803. It contained more than
2,600,000 square kilometers as well as the port of New Orleans.
The nation had gained a sweep of rich plains, mountains, forests
and river systems that within 80 years would become the nation's
heartland -- and one of the world's great granaries. As Jefferson began his second term in 1805, he declared
American neutrality during the struggle between Great Britain and
France. Although both sides sought to restrict neutral shipping
to the other, British control of the seas made its interdiction
and seizure much more serious than any actions by Napoleonic
France. By 1807 the British had built their navy to more than 700
warships manned by nearly 150,000 sailors and marines. The
massive force controlled the sea lanes: blockading French ports,
protecting British commerce and maintaining the crucial links to
Britain's colonies. Yet the men of the British fleet lived under
such harsh conditions that it was impossible to obtain crews by
free enlistment. Many sailors deserted and found refuge on U.S.
vessels. In these circumstances, British officers regarded it as
their right to search American ships and take off British
subjects, to the great humiliation of the Americans. Moreover,
British officers frequently impressed American seamen into their
service. When Jefferson issued a proclamation ordering British warships
to leave U.S. territorial waters, the British reacted by
impressing more sailors. Jefferson decided to rely on economic
pressure to force the British to back down. In December 1807
Congress passed the Embargo Act, forbidding all foreign commerce.
Ironically, the Republicans, the champions of limited government,
had passed a law that vastly increased the powers of the national
government. In a single year American exports fell to one-fifth
of their former volume. Shipping interests were almost ruined by
the measure, and discontent rose in New England and New York.
Agricultural interests found that they too were suffering
heavily, for prices dropped drastically when the Southern and
Western farmers could not export their surplus grain, cotton,
meat and tobacco. The hope that the embargo would starve Great Britain into a
change of policy failed. As the grumbling at home increased,
Jefferson turned to a milder measure, which conciliated domestic
shipping interests. In early 1809 he signed the Non-Intercourse
Act permitting commerce with all countries except Britain or
France and their dependencies. James Madison succeeded Jefferson as president in 1809.
Relations with Great Britain grew worse, and the two countries
moved rapidly toward war. The president laid before Congress a
detailed report, showing several thousand instances in which the
British had impressed American citizens. In addition,
northwestern settlers had suffered from attacks by Indians whom
they believed had been incited by British agents in Canada. This
led many Americans to favor conquest of Canada. Success in such
an endeavor would eliminate British influence among the Indians
and open up new lands for colonization. The desire to conquer
Canada, coupled with deep resentment over impressment of sailors,
generated war fervor, and in 1812 the United States declared war
on Britain. WAR OF 1812 As the country prepared for yet another war with Britain, the
United States suffered from internal divisions. While the South
and West favored war, New York and New England opposed it because
it interfered with their commerce. The declaration of war had
been made with military preparations still far from complete.
There were fewer than 7,000 regular soldiers, distributed in
widely scattered posts along the coast, near the Canadian border
and in the remote interior. These soldiers were to be supported
by the undisciplined militia of the states. Hostilities between the two countries began with an invasion
of Canada, which, if properly timed and executed, would have
brought united action against Montreal. But the entire campaign
miscarried and ended with the British occupation of Detroit. The
U.S. Navy, however, scored successes and restored confidence. In
addition, American privateers, swarming the Atlantic, captured
500 British vessels during the fall and winter months of 1812 and
1813. The campaign of 1813 centered on Lake Erie. General William
Henry Harrison -- who would later become president -- led an army
of militia, volunteers and regulars from Kentucky with the object
of reconquering Detroit. On September 12, while he was still in
upper Ohio, news reached him that Commodore Oliver Hazard Perry
had annihilated the British fleet on Lake Erie. Harrison occupied
Detroit and pushed into Canada, defeating the fleeing British and
their Indian allies on the Thames River. The entire region now
came under American control. Another decisive turn in the war occurred a year later when
Commodore Thomas Macdonough won a point-blank gun duel with a
British flotilla on Lake Champlain in upper New York. Deprived of
naval support, a British invasion force of 10,000 men retreated
to Canada. At about the same time, the British fleet was
harassing the Eastern seaboard with orders to "destroy and
lay waste." On the night of August 24, 1814, an
expeditionary force burst into Washington, D.C., home of the
federal government, and left it in flames. President James
Madison fled to Virginia. As the war continued, British and American negotiators each
demanded concessions from the other. The British envoys decided
to concede, however, when they learned of Macdonough's victory on
Lake Champlain. Urged by the Duke of Wellington to reach a
settlement, and faced with the depletion of the British treasury
due in large part to the heavy costs of the Napoleonic Wars, the
negotiators for Great Britain accepted the Treaty of Ghent in
December 1814. It provided for the cessation of hostilities, the
restoration of conquests and a commission to settle boundary
disputes. Unaware that a peace treaty had been signed, the two
sides continued fighting in New Orleans, Louisiana. Led by
General Andrew Jackson, the Americans scored the greatest land
victory of the war. While the British and Americans were negotiating a settlement, Federalist delegates selected by the legislatures of Massachusetts, Rhode Island, Connecticut, Vermont and New Hampshire gathered in Hartford, Connecticut, in a meeting that symbolized opposition to "Mr. Madison's war." New England had managed to trade with the enemy throughout the conflict, and some areas actually prospered from this commerce. Nevertheless, the Federalists claimed that the war was ruining the economy. Some delegates to the convention advocated secession from the Union, but the majority agreed on a series of constitutional amendments to limit Republican influence, including prohibiting embargoes lasting more than 60 days and forbidding successive presidents from the same state. By the time messengers from the Hartford Convention reached Washington, D.C., however, they found the war had ended. The Hartford Convention stamped the Federalists with a stigma of disloyalty from which they never recovered. =================================================================
SIDEBAR: THE SECOND GREAT AWAKENING By the end of the 18th century, many educated Americans no
longer professed traditional Christian beliefs. In reaction to
the secularism of the age, a religious revival spread westward in
the first half of the 19th century. This second great religious revival in American history
consisted of several kinds of activity, distinguished by locale
and expression of religious commitment. In New England, the
renewed interest in religion inspired a wave of social activism.
In western New York, the spirit of revival encouraged the
emergence of new denominations. In the Appalachian region of
Kentucky and Tennessee, the revival strengthened the Methodists
and the Baptists, and spawned a new form of religious expression
-- the camp meeting. In contrast to the Great Awakening of the 1730s, the revivals
in the East were notable for the absence of hysteria and open
emotion. Rather, unbelievers were awed by the "respectful
silence" of those bearing witness to their faith. The evangelical enthusiasm in New England gave rise to
interdenominational missionary societies, formed to evangelize
the West. Members of these societies not only acted as apostles
for the faith, but as educators, civic leaders and exponents of
Eastern, urban culture. Publication and education societies
promoted Christian education; most notable among them was the
American Bible Society, founded in 1816. Social activism inspired
by the revival gave rise to abolition groups and the Society for
the Promotion of Temperance, as well as to efforts to reform
prisons and care for the handicapped and mentally ill. The revival in western New York was largely the work of
Charles Gradison Finney, a lawyer from Adams, New York. The area
from Lake Ontario to the Adirondack Mountains had been the scene
of so many religious revivals in the past that it was known as
the "Burned-Over District." In 1821 Finney experienced
something of a religious epiphany and set out to preach the
Gospel in western New York. His revivals were characterized by
careful planning, showmanship and advertising. Finney preached in
the Burned-Over District throughout the 1820s and the early
1830s, before moving to Ohio in 1835 to take a chair in theology
at Oberlin College. He subsequently became president of Oberlin. Two other important religious denominations in America -- the
Mormons and the Seventh Day Adventists also got their start in
the Burned-Over District. In the Appalachian region, the revival took on characteristics
similar to the Great Awakening of the previous century. But here,
the center of the revival was the camp meeting -- defined as a
"religious service of several days' length, for a group that
was obliged to take shelter on the spot because of the distance
from home." Pioneers in thinly populated areas looked to the
camp meeting as a refuge from the lonely life on the frontier.
The sheer exhilaration of participating in a religious revival
with hundreds and perhaps thousands of people inspired the
dancing, shouting and singing associated with these events. The first camp meeting took place in July 1800 at Gasper River
Church in southwestern Kentucky. A much larger one was held at
Cane Ridge, Kentucky, in August 1801, where between 10,000 and
25,000 people attended, and Presbyterian, Baptist and Methodist
ministers participated. It was this event that stamped the
organized revival as the major mode of church expansion for
denominations such as the Methodists and Baptists. The great revival quickly spread throughout Kentucky,
Tennessee and southern Ohio, with the Methodists and the Baptists
its prime beneficiaries. Each denomination had assets that
allowed it to thrive on the frontier. The Methodists had a very
efficient organization that depended on ministers -- known as
circuit riders -- who sought out people in remote frontier
locations. The circuit riders came from among the common people,
which helped them establish a rapport with the frontier families
they hoped to convert. The Baptists had no formal church organization. Their
farmer-preachers were people who received "the call"
from God, studied the Bible and founded a church, which then
ordained them. Other candidates for the ministry emerged from
these churches, and they helped the Baptist Church to establish a
presence farther into the wilderness. Using such methods, the
Baptists became dominant throughout the border states and most of
the South. The Second Great Awakening exercised a profound impact on
American history. The numerical strength of the Baptists and
Methodists rose relative to that of the denominations dominant in
the colonial period--the Anglicans, Presbyterians and
Congregationalists. Among the latter, efforts to apply Christian
teaching to the resolution of social problems presaged the Social
Gospel of the late 19th century. America was becoming a more
diverse nation in the early to mid-19th century, and the growing
differences within American Protestantism reflected and
contributed to this diversity. Embassy of the United States of America
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