THE NEW NATION

Peter Oliver, Origins and Progress of the American Rebellion

I shall next give you a sketch of some of Mr. Samuel Adam's features; and I do not know how to delineate them stronger, than by the observation made by a celebrated painter in America, "That if he wished to draw the Picture of the Devil, that he would get Sam Adams to sit for him."
He understood human Nature, in low life, so well, that he could turn the minds of the great vulgar as well as the small into any course that he might choose; he never failed of employing his abilities to the vilest purposes.
He was so thorough a Machiavellian, that he divested himself of every worthy principle, and would stick at no crime to accomplish his ends. He was chosen a collector of taxes for the town of Boston; but when the day of account came, it was found that there was a deficiency of about 1700 pounds sterling.

John Dickenson, “Experience must be our only guide. Reason may mislead us.”

The New Nation:

I.The Constitution of 1787
Shay’s Rebellion, 1786-7
Philadelphia, 1787

Structural Features:
Three Branches:
Judiciary
Executive
Congress:
Bicameralism: why?
Historical, Practical, Theoretical

Concepts:

a. Federalism
1. Virginia Plan
2. New Jersey Plan
3. Connecticut Plan

b. Democracy
c. Liberty: we are preoccupied with rights
"liberty is to be free from restraint and violence from others." Locke
--he was crucial in that he helped Americans envision the attainment of natural rights.
"Men by nature are free, equal, and independent."
Rousseau, The Social Contract 1762
"Man is born free, and everywhere he is in
chains."
d. Limited government
--GOVERNMENT MUST REMAIN AS SMALL AS POSSIBLE TO BE ABLE TO EFFECTIVELY REPLACE THE STATE OF NATURE.
e. Equality: belief in an equal chance at life
f. Civic Duty: perfect society has a price


II. First Party System:
Federalists vs. Anti-Federalists
(Hamilton) (Jefferson)

The Federalist Papers: 1788-1789
Author: Publius

Federalist Paper 23--Alexander Hamilton
The principle purposes to be answered by Union are these -- The common defense of the members -- the preservation of the public peace as well as against internal convulsions as external attacks-the regulation of commerce with other nations and between the States -- the superintendence of our intercourse, political and commercial, with foreign countries.

Federalist Paper 47--James Madison
The accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny.

Federalist Paper 51--James Madison
If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself.

Federalist Paper 78--Alexander Hamilton
"If then the courts of justice are to be considered as the bulwarks of a limited constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges, which must be essential to the faithful performance of so arduous a duty. This independence of the judges is equally requisite to guard the constitution and the rights of individuals from the effects of. . . designing men."

Federalist Paper 10--Alexander Hamilton
AMONG the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides a proper cure for it. The instability, injustice, and confusion introduced into the public councils, have, in truth, been the mortal diseases under which popular governments have everywhere perished;

Massachusetts man, Amos Singletary:
"We fought Great Britain, some said for a three-penny tax on tea; but it was not that. It was because they claimed a right to tax us and bind us in all cases whatever. And does not this Constitution do the same?

George Mason and Patrick Henry (both of Virginia)

Mason: the Constit is “totally subversive of every principle which has hitherto governed us. This power is calculated to annihilate totally the state governments.”

Henry: “the whole of our property may be taken by this American government by laying what taxes they please, and suspending our laws at pleasure.”

BILL OF RIGHTS (1791)

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


"Slavery is such an atrocious debasement of human nature, that its very extirpation, if not performed with solicitous care, may sometimes open a source of serious evils." Ben Franklin


Abigail Adams

“...remember the ladies, and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could. If particular care and attention is not paid to the Ladies we are determined to foment a Rebellion, and will not hold ourselves bound by any Laws in which we have no voice, or Representation.”


Virginians could not have the "passion for Liberty" they claimed they did, since they "deprive their fellow Creatures" of freedom.