A Short History of the United States by Edward Channing

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Sec.Sec. 160-163.--_a_. Describe the battle of King's Mountain. _b_. What was
the result of the battle of the Cowpens? _c_. Follow the retreat of the
Americans across North Carolina. What events showed Greene's foresight?
_d_. What were the results of the battle of Guilford? _e_. Compare the
outlook for the Americans in 1781 with that of 1780.

Sec.Sec. 164-166. _a_. How did the British army get to Yorktown? _b_. Describe
the gathering of the Allied Forces. _c_. Describe the surrender and note
its effects on America, France, and Great Britain.

Sec. 167.--_a_. Where were the negotiations for peace carried on? _b_. Mark
on a map the original territory of the United States. _c_. How did Spain
get the Floridas?

General Questions

_a_. When did the Revolution begin? When did it end?

_b_. Were the colonies independent when the Declaration of Independence
was adopted?

_c_. Select any campaign and discuss its objects, plan, the leading
battles, and the results.

_d_. Follow Washington's movements from 1775-82.

_e_. What do you consider the most decisive battle of the war? Why?

Topics For Special Work

_a_. Naval victories.

_b_. Burgoyne's campaign.

_c_. Greene as a general.

_d_. Nathan Hale.

_e_. The peace negotiations.

Suggestions

The use of map or molding board should be constant during the study of
this period. Do not spend time on the details of battles, but teach
campaigns as a whole. In using the molding board the movements of armies
can be shown by colored pins.

The Declaration of Independence should be carefully studied, especially
the first portions. Finally, the territorial settlement of 1783 should
be thoroughly explained, using map or molding board.

VI

The Critical Period, 1783-1789

Books for Study and Reading

References.--Higginson's _Larger History_, 293-308; Fiske's _Civil
Government_, 186-267; McMaster's _With the Fathers_.

Home Readings.--Fiske's _Critical Period_, 144-231, 306-345;
_Captain Shays: A Populist of 1786_.

Chapter 17

The Confederation, 1783-1787

[Sidenote: Disunion and jealousy. _Source-Book_, 161-163.]

167. Problems of Peace.--The war was over. But the future of the
American nation was still uncertain. Indeed, one can hardly say that
there was an American nation in 1783. While the war lasted, a sense of
danger bound together the people of the different states. But as soon as
this peril ceased, their old jealousies and self-seekings came back.
There was no national government to smooth over these differences and to
compel the states to act justly toward one another. There was, indeed,
the Congress of the Confederation, but it is absurd to speak of it as a
national government.

[Sidenote: Formation of the Articles of Confederation.]

[Sidenote: Weakness of the Confederation. _McMaster_, 163.]

168. The Articles of Confederation, 1781.--The Continental Congress
began drawing up the Articles of Confederation in June, 1776. But there
were long delays, and each month's delay made it more impossible to form
a strong government. It fell out in this way that the Congress of the
Confederation had no real power. It could not make a state or an
individual pay money or do anything at all. In the course of a few years
Congress asked the states to give it over six million dollars to pay the
debts and expenses of the United States. It received about a million
dollars and was fortunate to get that.

[Sidenote: Distress among the people.]

169. A Time of Distress.--It is not right to speak too harshly of
the refusal of the state governments to give Congress the money it asked
for, as the people of the states were in great distress and had no money
to give. As soon as peace was declared British merchants sent over great
quantities of goods. People bought these goods, for every one thought
that good times were coming now that the war was over. But the British
government did everything it could do to prevent the coming of good
times. The prosperity of the northern states was largely based on a
profitable trade with the West Indies. The British government put an end
to that trade. No gold and silver came to the United States from the
West Indies while gold and silver constantly went out of the country to
pay debts due to British merchants. Soon gold and silver grew scarce,
and those who had any promptly hid it. The real reason of all this
trouble was the lack of a strong national government which could have
compelled the British government to open its ports to American commerce.
But the people only saw that money was scarce and called upon the state
legislatures to give them paper money.

[Sidenote: Paper money.]

170. Paper Money.--Most of the state legislatures did what they
were asked to do. They printed quantities of paper money. They paid the
public expenses with it, and sometimes lent it to individuals without
much security for its repayment. Before long this paper money began to
grow less valuable. For instance, on a certain day a man could buy a bag
of flour for five dollars. In three months' time a bag of flour might
cost him ten dollars. Soon it became difficult to buy flour for any
number of paper dollars.

[Sidenote: Tender laws.]

171 Tender Laws.--The people then clamored for "tender laws." These
were laws which would make it lawful for them to tender, or offer, paper
money in exchange for flour or other things. In some cases it was made
lawful to tender paper money in payments of debts which had been made
when gold and silver were still in use. The merchants now shut up their
shops, and business almost ceased. The lawyers only were busy. For those
to whom money was owed tried to get it paid before the paper money
became utterly worthless. The courts were crowded, and the prisons were
filled with poor debtors.

[Sidenote: Stay laws.]

172. Stay Laws.--Now the cry was for "stay laws." These were laws
to prevent those to whom money was due from enforcing their rights.
These laws promptly put an end to whatever business was left. The only
way that any business could be carried on was by barter. For example, a
man who had a bushel of wheat that he did not want for his family would
exchange it for three or four bushels of potatoes, or for four or five
days of labor. In some states the legislatures passed very severe laws
to compel people to receive paper money. In one state, indeed, no one
could vote who would not receive paper money.

[Illustration: STATE STREET, BOSTON, ABOUT 1790. The Boston Massacre
occurred near where the two-horse wagon stands.]

[Sidenote: Disorder in Massachusetts.]

173. Shays's Rebellion, 1786-87.--In Massachusetts, especially, the
discontent was very great. The people were angry with the judges for
sending men to prison who did not pay their debts. Crowds of armed men
visited the judges and compelled them to close the courts. The leader in
this movement was Daniel Shays. He even threatened to seize the United
States Arsenal at Springfield. By this time Governor Bowdoin and General
Lincoln also had gathered a small force of soldiers. In the midst of
winter, through snowstorms and over terrible roads, Lincoln marched with
his men. He drove Shays from place to place, captured his followers, and
put down the rebellion. There were risings in other states, especially
in North Carolina. But Shays's Rebellion in Massachusetts was the most
important of them all, because it convinced the New Englanders that a
stronger national government was necessary.

[Illustration: CLAIMS AND CESSIONS.]

[Sidenote: Claims of the states to Western lands. _McMaster_, 155]

[Sidenote: _Hero Tales_, 19-28.]

[Sidenote: Opposition of Maryland and of other states.]

174. Claims to Western Lands.--The Confederation seemed to be
falling to pieces. That it did not actually fall to pieces was largely
due to the fact that all the states were interested in the settlement of
the region northwest of the Ohio River. It will be well to stop a moment
and see how this came about. Under their old charters Massachusetts,
Connecticut, Virginia, Carolina, and Georgia had claims to lands west of
the Alleghanies. Between 1763 and 1776 the British government had paid
slight heed to these claims (pp. 75, 89). But Daniel Boone and other
colonists had settled west of the mountains in what are now the states
of Kentucky and Tennessee. When the Revolution began the states having
claims to western lands at once put them forward, and New York also
claimed a right to about one-half of the disputed territory. Naturally,
the states that had no claims to these lands had quite different views.
The Marylanders, for example, thought that the western lands should be
regarded as national territory and used for the common benefit. Maryland
refused to join the Confederation until New York had ceded her claims to
the United States, and Virginia had proposed a cession of the territory
claimed by her.

[Sidenote: The states cede their claims to the United States.
_McMaster_, 159-160.]

175. The Land Cessions.--In 1784 Virginia gave up her claims to the
land northwest of the Ohio River with the exception of certain large
tracts which she reserved for her veteran soldiers. Massachusetts ceded
her claims in 1785. The next year (1786) Connecticut gave up her claims.
But she reserved a large tract of land directly west of Pennsylvania.
This was called the Connecticut Reserve or, more often, the Western
Reserve. South Carolina and North Carolina ceded their lands in 1787 and
1790, and finally Georgia gave up her claims to western lands in 1802.

[Sidenote: Reasons for the ordinance.]

[Sidenote: Passage of Ordinance of 1787. _McMaster_, 160-162;
_Source-Book_, 169-172.]

[Sidenote: Passage of Ordinance of 1787. _McMaster_, 160-162;
_Source-Book_, 169-172.]

176. Passage of the Ordinance of 1787.--What should be done with
the lands which in this way had come into the possession of the people
of all the states? It was quite impossible to divide these lands among
the people of the thirteen states. They never could have agreed as to
the amount due to each state. In 1785 Congress took the first step. It
passed a law or an ordinance for the government of the Territory
Northwest of the Ohio River. This ordinance was imperfect, and few
persons emigrated to the West. There were many persons who wished to
emigrate from the old states to the new region. But they were unwilling
to go unless they felt sure that they would not be treated by Congress
as the British government had treated the people of the original states.
Dr. Cutler of Massachusetts laid these matters before Congress and did
his work so well that Congress passed a new ordinance. This was in 1787.
The ordinance is therefore called the Ordinance of 1787. It was so well
suited to its purpose that nearly all the territories of the United
States have been settled and governed under its provisions. It will be
well to study this great document more at length.

[Sidenote: Provisions of the Ordinance of 1787.]

177. The Ordinance of 1787.--In the first place the ordinance
provided for the formation of one territory to be called the Territory
Northwest of the Ohio. But it is more often called the Northwest
Territory or simply the Old Northwest. At first it was to be governed by
the persons appointed by Congress. But it was further provided that when
settlers should arrive in sufficient numbers they should enjoy
self-government. When fully settled the territory should be divided into
five states. These should be admitted to the Confederation on a footing
of equality with the original states. The settlers in the territory
should enjoy full rights of citizenship. Education should be encouraged.
Slavery should never be permitted. This last provision is especially
important as it saved the Northwest to freedom. In this way a new
political organization was invented. It was called a territory. It was
really a colony; but it differed from all other colonies because in time
it would become a state on a footing of entire equality with the
parent states.

Chapter 18

Making Of The Constitution, 1787-1789

[Sidenote: Weakness of the Confederation.]

[Sidenote: Meeting of the Federal Convention, 1787.]

178. Necessity for a New Government.--At this very moment a
convention was making a constitution to put an end to the Confederation
itself. It was quite clear that something must be done or the states
soon would be fighting one another. Attempt after attempt had been made
to amend the Articles of Confederation so as to give Congress more
power. But every attempt had failed because the consent of every state
was required to amend the Articles. And one state or another had
objected to every amendment that had been proposed. It was while affairs
were in this condition that the Federal Convention met at Philadelphia
in May, 1787.

[Sidenote: James Madison.]

179. James Madison.--Of all the members of the Convention, James
Madison of Virginia best deserves the title of Father of the
Constitution. He drew up the Virginia plan which was adopted as the
basis of the new Constitution. He spoke convincingly for the plan in the
Convention. He did more than any one else to secure the ratification of
the Constitution by Virginia. He kept a careful set of _Notes_ of the
debates of the Convention which show us precisely how the Constitution
was made. With Alexander Hamilton and John Jay he wrote a series of
papers which is called the _Federalist_ and is still the best guide to
the Constitution.

[Illustration: JAMES MADISON.]

[Sidenote: Washington President of the Convention.]

[Sidenote: Franklin.]

180. Other Fathers of the Constitution.--George Washington was
chosen President of the Convention. He made few speeches. But the
speeches that he made were very important. And the mere fact that he
approved the Constitution had a tremendous influence throughout the
country. The oldest man in the Convention was Benjamin Franklin. His
long experience in politics and in diplomacy with his natural shrewdness
had made him an unrivaled manager of men. From all the states came able
men. In fact, with the exception of John Adams, Samuel Adams, Patrick
Henry, and Thomas Jefferson, the strongest men in political life were in
the Federal Convention. Never in the history of the world have so many
great political leaders, learned students of politics, and shrewd
business men gathered together. The result of their labors was the most
marvelous product of political wisdom that the world has ever seen.

[Illustration: THE OLD STATE HOUSE, PHILADELPHIA. Meeting place of the
Continental Congress and of the Federal Convention--now called
Independence Hall.]

[Sidenote: The Virginia plan.]

[Sidenote: Pinckney's plan.]

[Sidenote: Vote for a national government.]

181. Plans for a National Government.--As soon as the Convention
was in working order, Governor Randolph of Virginia presented Madison's
plan for a "national" government. Charles Pinckney of South Carolina
also brought forward a plan. His scheme was more detailed than was
Madison's plan. But, like it, it provided for a government with "supreme
legislative, executive, and judicial powers." On May 30 the Convention
voted that a "national government ought to be established, consisting of
a supreme Legislative, Executive, and Judiciary." It next decided that
the legislative department should consist of two houses. But when the
delegates began to talk over the details, they began to disagree.

[Sidenote: The New Jersey plan.]

182. Disagreement as to Representation.--The Virginia plan proposed
that representation in one branch of the new Congress should be divided
among the states according to the amount of money each state paid into
the national treasury, or according to the number of the free
inhabitants of each state. The Delaware delegates at once said that they
must withdraw. In June Governor Patterson of New Jersey brought forward
a plan which had been drawn up by the delegates from the smaller states.
It is always called, however, the New Jersey plan. It proposed simply to
amend the Articles of Confederation so as to give Congress more power.
After a long debate the New Jersey plan was rejected.

[Illustration: Benjamin Franklin. "He snatched the lightning from
Heaven, and the sceptre from tyrants."--TURGOT.]

[Sidenote: Representation in the House of Representatives. _McMaster_,
167.]

[Sidenote: Representation in the Senate.]

183. The Compromise as to Representation.--The discussion now
turned on the question of representation in the two houses of Congress.
After a long debate and a good deal of excitement Benjamin Franklin
and Roger Sherman proposed a compromise. This was, that members of the
House of Representatives should be apportioned among the states
according to their population and should be elected directly by the
people. In the Senate they proposed that each state, regardless of size,
population, or wealth, should have two members. The Senators,
representing the states, would fittingly be chosen by the state
legislatures. It was agreed that the states should be equally
represented in the Senate. But it was difficult to reach a conclusion as
to the apportionment of representatives in the House.

[Sidenote: The federal ratio.]

184. Compromise as to Apportionment.--Should the members of the
House of Representatives be distributed among the states according to
population? At first sight the answer seemed to be perfectly clear. But
the real question was, should slaves who had no vote be counted as a
part of the population? It was finally agreed that the slaves should be
counted at three-fifths of their real number. This rule was called the
"federal ratio." The result of this rule was to give the Southern slave
states representation in Congress out of all proportion to their voting
population.

[Sidenote: Power of Congress over commerce.]

[Sidenote: Restriction as to slave-trade.]

185. Compromise as to the Slave-Trade.--When the subject of the
powers to be given to Congress came to be discussed, there was even
greater excitement. The Northerners wanted Congress to have power to
regulate commerce. But the Southerners opposed it because they feared
Congress would use this power to put an end to the slave-trade. John
Rutledge of South Carolina even went so far as to say that unless this
question was settled in favor of the slaveholders, the slave states
would "not be parties to the Union." In the end this matter also was
compromised by providing that Congress could not prohibit the
slave-trade until 1808. These were the three great compromises. But
there were compromises on so many smaller points that we cannot even
mention them here.

[Illustration: SIGNING OF THE CONSTITUTION, SEPTEMBER 17, 1787. From an
early unfinished picture. This shows the arrangement of the room and the
sun behind Washington's chair.]

[Sidenote: Franklin's prophecy.]

186. Franklin's Prophecy.--It was with a feeling of real relief
that the delegates finally came to the end of their labors. As they were
putting their names to the Constitution, Franklin pointed to a rising
sun that was painted on the wall behind the presiding officer's chair.
He said that painters often found it difficult to show the difference
between a rising sun and a setting sun. "I have often and often," said
the old statesman, "looked at that 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."
And so indeed it has proved to be.

[Sidenote: Strength of the Constitution. _McMaster_, 168-169.]

187. The Constitution.--It will be well now to note some of the
points in which the new Constitution was unlike the old Articles of
Confederation. In the first place, the government of the Confederation
had to do only with the states; the new government would deal directly
with individuals. For instance, when the old Congress needed money, it
called on the states to give it. If a state refused to give any money,
Congress could remonstrate--and that was all. The new government could
order individuals to pay taxes. Any one who refused to pay his tax would
be tried in a United States court and compelled to pay or go to prison.
In the second place the old government had almost no executive powers.
The new government would have a very strong executive in the person of
the President of the United States.

[Sidenote: Interpretation of the Constitution.]

[Sidenote: John Marshall's decisions.]

188. The Supreme Court.--But the greatest difference of all was to
be found in the Supreme Court of the United States provided in the
Constitution. The new Congress would have very large powers of making
laws. But the words defining these powers were very hard to understand.
It was the duty of the Supreme Court to say what these words meant. Now
the judges of the Supreme Court are very independent. It is almost
impossible to remove a judge of this court, and the Constitution
provides that his salary cannot be reduced while he holds office. It
fell out that under the lead of Chief Justice John Marshall the Supreme
Court defined the doubtful words in the Constitution so as to give the
greatest amount of power to the Congress of the United States. As the
laws of the United States are the supreme laws of the land, it will be
seen how important this action of the Supreme Court has been.

[Illustration: OPENING LINES OF THE CONSTITUTION.]

[Sidenote: Opposition to the Constitution. _Source-Book_, 172-175.]

189. Objections to the Constitution.--The great strength of the
Constitution alarmed many people. Patrick Henry declared that the
government under the new Constitution would be a national government and
not a federal government at all. Other persons objected to the
Constitution because it took the control of affairs out of the hands of
the people. For example, the Senators were to be chosen by the state
legislatures, and the President was to be elected in a round-about way
by presidential electors. Others objected to the Constitution because
there was no Bill of Rights attached to it. They pointed out, for
instance, that there was nothing in the Constitution to prevent Congress
from passing laws to destroy the freedom of the press. Finally a great
many people objected to the Constitution because there was no provision
in it reserving to the states or to the people those powers that were
not expressly given to the new government.

[Illustration: CONSTITUTION OF THE UNITED STATES.]

[Sidenote: Opponents of the Constitution.]

[Sidenote: The first ten amendments.]

190. The First Ten Amendments.--These defects seemed to be so grave
that patriots like Patrick Henry, R.H. Lee, Samuel Adams, and John
Hancock could not bring themselves to vote for its adoption. Conventions
of delegates were elected by the people of the several states to ratify
or to reject the Constitution. The excitement was intense. It seemed as
if the Constitution would not be adopted. But a way was found out of the
difficulty. It was suggested that the conventions should consent to the
adoption of the Constitution, but should, at the same time, propose
amendments which would do away with many of these objections. This was
done. The first Congress under the Constitution and the state
legislatures adopted most of these amendments, and they became a part of
the Constitution. There were ten amendments in all, and they should be
studied as carefully as the Constitution itself is studied.

[Sidenote: Constitution adopted. _Higginson_, 216; _Source-Book_,
175-180.]

191. The Constitution Adopted, 1787-88.--In June, 1788, New
Hampshire and Virginia adopted the Constitution. They were the ninth and
tenth states to take this action. The Constitution provided that it
should go into effect when it should be adopted by nine states, that is,
of course, it should go into effect only between those states.
Preparations were now made for the organization of the new government.
But this took some time. Washington was unanimously elected President,
and was inaugurated in April, 1789. By that time North Carolina and
Rhode Island were the only states which had not adopted the Constitution
and come under the "New Roof," as it was called. In a year or two they
adopted it also, and the Union of the thirteen original states
was complete.

QUESTIONS AND TOPICS

CHAPTER 17

Sec.Sec. 168, 169.--_a_. What were the chief weaknesses of the Confederation?
Why did not Congress have any real power?

_b_. How did some states treat other states? Why?

Sec.Sec. 170-173.--_a_. Explain the distress among the people.

_b_. Describe the attitude of the British government and give some
reason for it.

_c_. Why did the value of paper money keep changing?

_d_. What were the "tender laws"? The "stay laws"?

_e_. Give some illustration of how these laws would affect trade.

Sec. 174.--_a_. Describe the troubles in Massachusetts.

_b_. What was the result of this rebellion?

Sec.Sec. 175-178.--_a_. What common interest did all the states have?

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