125-706: The Matilda Case involved Matilda, a 20-year-old woman whose father, Missouri planter Larkin Lawrence, claimed to own her as his slave. In 1837, she fled from her master-father in Cincinnati, a city located in the free state of Ohio. Matilda was captured and returned to her master by order of the local courts, based on the Fugitive Slave Act of 1793 . Cincinnati attorney Salmon P. Chase , in alliance with local abolitionist and publisher James G. Birney , acted in her defense. Though unsuccessful in obtaining Matilda's freedom,
250-500: A "Person held to Service or Labor." In addition, Article 1, section 9, clause 1 of the Constitution prohibited Congress from abolishing the importation of slaves , but in a compromise, the prohibition could be lifted by Congress in 20 years, and slaves were referred to as "Persons." The Act Prohibiting Importation of Slaves passed easily in 1807 and took effect on January 1, 1808. However, the ban on importation spurred an expansion in
375-597: A bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan , known as the New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected
500-535: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has
625-613: A congressional veto over federal policy with regard to slavery and other issues important to the South. As a result of this preoccupation, slave states and free states were often admitted into the Union in opposite pairs to maintain the existing Senate balance between slave and free states. Controversy over whether Missouri should be admitted as a slave state resulted in the Missouri Compromise of 1821, which specified that territory acquired in
750-430: A constitutional convention on March 10, 1864. Arkansas, part of which came under Union control by 1864, adopted an anti-slavery constitution on March 16, 1864. Louisiana – much of which had been under Union control since 1862 – abolished slavery through a new state constitution approved by voters September 5, 1864. The border states of Maryland (November 1, 1864) and Missouri (January 11, 1865) abolished slavery before
875-466: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and
1000-484: A local magistrate called for the arrest and detention of Matilda, stating simply that she was the property of Larkin Lawrence and that she had escaped from his custody while in Cincinnati. The magistrate added that Matilda was "a colored girl". Challenging the legitimacy of the affidavit, Chase offered a number of broad and wide-ranging legal arguments in court, invoking the Somerset principle , The Fugitive Slave Act of 1793,
1125-623: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,
1250-458: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution
1375-695: A state until 1896, as an organized territory , Utah legalized slavery under the 1852 territorial Act in Relation to Service and similar Act for the Relief of Indian Slaves and Prisoners . Brigham Young and his group of Mormon pioneers had arrived in Utah in 1847, during the Mexican–American War , when Utah Territory was Mexican territory. They ignored the Mexican ban on slavery. They viewed slavery as consistent with
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#17328810646131500-559: A statehood bill to Congress to create a new state from 48 counties in western Virginia. The new state would eventually incorporate 50 counties. The issue of slavery in the new state delayed approval of the bill. In the Senate Charles Sumner objected to the admission of a new slave state, while Benjamin Wade defended statehood as long as a gradual emancipation clause would be included in the new state constitution. Two senators represented
1625-465: A technicality without addressing the constitutional issues raised by Chase. Slave states and free states In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state was one in which they were prohibited. Between 1812 and 1850, it was considered by the slave states to be politically imperative that
1750-564: Is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then
1875-585: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,
2000-632: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,
2125-467: The Articles of Confederation , the nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody the doctrine of the separation of powers , in which the federal government is divided into three branches: the legislative , consisting of the bicameral Congress ( Article I );
2250-588: The Compromise of 1850 . Three more free states were admitted in the final years before the Civil War, disrupting the balance that the slave states had tried to maintain. The American Civil War (1861–1865) disrupted and eventually ended slavery. Eleven slave states joined the Confederacy , while the border states of Delaware, Maryland, Kentucky, and Missouri – all slave states – remained in
2375-472: The Louisiana Purchase north of latitude 36° 30', which described most of Missouri's southern border, would, except for Missouri, become free states, and territory south of that line would become slave states. As part of the compromise, Maine , on August 19, 1821, was admitted as a free state. The admission of Texas (1845) and the acquisition of the vast new Mexican Cession territories (1848), after
2500-508: The Mexican–American War , created further north–south conflict. Although the settled portion of Texas was an area rich in cotton plantations and dependent on slave labor, the territory acquired in the Mountain West did not seem hospitable to cotton or slavery. As part of the Compromise of 1850 , California was admitted as a free state without a slave state being admitted; California's admission also meant there would be no slave state on
2625-624: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by
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#17328810646132750-496: The Northwest Ordinance , and the free-state statutes of Ohio. As Matilda had not fled her master from a slave state to a free state, Chase argued that no violation of Fugitive Slave Law had occurred. Chase asked the court to consider the ramifications of the case "where any person can be dragged, by any other person who chooses to set up a claim against him as a fugitive servant" in which local authorities would determine whether
2875-486: The Philipsburg Proclamation . In the 1770s, enslaved black people throughout New England began sending petitions to northern legislatures demanding freedom. 5 Northern states adopted policies to at least gradually abolish slavery : Pennsylvania in 1780, New Hampshire and Massachusetts in 1783, and Connecticut and Rhode Island in 1784. The Republic of Vermont had limited slavery in 1777, while it
3000-528: The Revolutionary War or in the first decades of the new country, although this did not always mean that existing slaves became free. Vermont — having declared its independence from Britain in 1777 and thus not being one of the Thirteen Colonies — banned slavery in the same year, before being admitted as a state in 1791. Slavery was a divisive issue in the United States. It was a major issue during
3125-433: The Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and
3250-575: The Senate , where each state was represented by two senators. With an equal number of slave states and free states, the Senate was equally divided on issues important to the South . As the population of the free states began to outstrip the population of the slave states, leading to control of the House of Representatives by free states, the Senate became the preoccupation of slave-state politicians interested in maintaining
3375-530: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes
3500-647: The U.S. Constitution was ratified, had prohibited slavery in the federal Northwest Territory . The southern boundary of the territory was the Ohio River , which was regarded as a westward extension of the Mason-Dixon line . The territory was generally settled by New Englanders and American Revolutionary War veterans granted land there. The 6 states created from the territory were all free states: Ohio (1803), Indiana (1816), Illinois (1818), Michigan (1837), Wisconsin (1848), and Minnesota (1858). By 1815,
3625-694: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to
3750-517: The domestic slave trade , which remained legal until slavery was banned entirely in 1865 by the 13th Amendment . In the late 1850s, an unsuccessful campaign was launched by several southern states to resume the international slave trade, to restock their slave populations, but this met with strong opposition. However, there was a large natural increase in the slave population throughout the late 18th and 19th centuries, while some illegal smuggling of African slaves continued via Spanish Cuba . One of
3875-539: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced
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4000-516: The executive , consisting of the president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing the rights and responsibilities of state governments , the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes
4125-524: The 1840 census (see Slavery in the United States#Abolitionism in the North ). In the South, Kentucky was created as a slave state from Virginia (1792), and Tennessee was created as a slave state from North Carolina (1796). By 1804, before the creation of new states from the federal western territories, the number of slave and free states was 8 each. By the time of Missouri Compromise of 1820,
4250-408: The 1850s, culminating in numerous skirmishes and devastation on both sides of the question. Nevertheless, the North prevented Kansas Territory from becoming a slave state, and when Southern members of Congress departed en masse in early 1861, Kansas was immediately admitted to the Union as a free state. When the admission of Minnesota proceeded unimpeded in 1858, the balance in the Senate ended; this
4375-534: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering
4500-545: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called
4625-557: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under
4750-592: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The opening words, " We
4875-761: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware
5000-502: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes
5125-651: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776
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5250-651: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had
5375-580: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and
5500-590: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced
5625-655: The Mormon view on Black people. On June 19, 1862, fulfilling a part of his 1860 campaign platform, President Lincoln signed the law ending slavery in Utah Territory and all other territories. While California's state constitution outlawed slavery, the 1850 Act for the Government and Protection of Indians allowed the indenture of Native Californians. This law provided for apprenticing or indenturing Indian children to Whites, and also punished vagrant Indians by hiring them out to
5750-477: The New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation
5875-754: The Pacific coast. To avoid creating a free state majority in the Senate, California agreed to send one pro-slavery and one anti-slavery senator to Congress. The difficulty of identifying territory that could be organized into additional slave states stalled the process of opening the western territories to settlement. Slave-state politicians made efforts to annex Cuba (see: Lopez Expedition and Ostend Manifesto , 1852) and Nicaragua (see: Filibuster War , 1856–57), with intentions to create new slave states. Parts of Northern Mexico were also coveted, with Senator Albert Brown declaring "I want Tamaulipas , Potosi , and one or two other Mexican States ; and I want them all for
6000-404: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of
6125-575: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of
6250-540: The U.S. Congress. By the time the Emancipation Proclamation was issued in 1863, Tennessee was already under Union control. Accordingly, the Proclamation applied only in the 10 remaining Confederate states. During the war, abolition of slavery was required by President Abraham Lincoln for readmission of Confederate states. The U.S. Congress , after the departure of the powerful Southern contingent in 1861,
6375-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed
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#17328810646136500-469: The Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as the Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on
6625-510: The Union, although Kentucky and Missouri also had competing Confederate state governments. In 1863 western Virginia, much of which had remained loyal to the Union, was admitted as the new state of West Virginia with a commitment to gradual emancipation. The following year Nevada , a free state in the West, was also admitted. During the Civil War, a Unionist government in Wheeling, Virginia , presented
6750-459: The Unionist Virginia government, John S. Carlile and Waitman T. Willey . Senator Carlile objected that Congress had no right to impose emancipation on West Virginia , while Willey proposed a compromise amendment to the state constitution for gradual abolition. Sumner attempted to add his own amendment to the bill, which was defeated, and the statehood bill passed both houses of Congress with
6875-408: The United States, except as punishment for a crime, on December 18, 1865, ending the distinction between slave and free states. As such, slavery in the United States technically existed longer in the North than in the South. Constitution of the United States [REDACTED] [REDACTED] The Constitution of the United States is the supreme law of the United States . It superseded
7000-429: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing
7125-454: The West Virginia legislature completely abolished slavery, and also ratified the 13th Amendment on February 3, 1865. In the District of Columbia , formed with land from two slave states, Maryland and Virginia, the trade was abolished by the Compromise of 1850 . So as to avoid losing the profitable slave-trading businesses in Alexandria (one was Franklin and Armfield ), Alexandria County, D.C., requested that it be returned to Virginia, where
7250-632: The addition of what became known as the Willey Amendment. President Lincoln signed the bill on December 31, 1862. Voters in western Virginia approved the Willey Amendment on March 26, 1863. President Lincoln had issued the Emancipation Proclamation on January 1, 1863, which exempted from emancipation the border states (four slave states loyal to the Union ) as well as some territories occupied by Union forces within Confederate states. Two additional counties were added to West Virginia in late 1863, Berkeley and Jefferson . The slaves in Berkeley were also under exemption but not those in Jefferson County. As of
7375-399: The arguments Chase advanced formed part of the legal basis for the radical anti-slavery Constitutionalism of the Republican Party that emerged in the 1850s and the Civil War . The Matilda Case "quickly became a turning point in the history of anti-slavery politics" and "the first major abolitionist challenge to fugitive slave recaptures". Matilda Lawrence was both the mulatto daughter and
7500-427: The census of 1860, the 49 exempted counties held some 6000 slaves over 21 years of age who would not have been emancipated, about 40% of the total slave population. The terms of the Willey Amendment only freed children, at birth or as they came of age, and prohibited the importation of slaves. West Virginia became the 35th state on June 20, 1863, and the last slave state admitted to the Union. Eighteen months later,
7625-438: The city when her owner rejected a final plea for freedom. Her whereabouts was concealed by local abolitionists until her owner-father departed Cincinnati several days later. Believing she had secured her independence, Matilda found work as a housekeeper with the well-known anti-slavery activist James G. Birney . A former slave owner, Birney was publisher for the abolitionist journal The Philanthropist . Birney claimed that he
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#17328810646137750-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to
7875-423: The constitutionality of the Fugitive Slave law. Matilda was instantly seized by Riley's associates and carried back into slavery, "her ultimate fate unknown". The pamphlet that Chase issued on the case entitled "The Colored Woman, Matilda" (1837) set forth his legal arguments and was widely circulated. The case attracted many freed slaves to Cincinnati, many of whom many Chase defended in court cases, and earning him
8000-405: The controversies which arose between slave and free states. Slavery, in what would become the United States, was established as part of European colonization . By the 18th century, slavery was legal throughout the Thirteen Colonies , after which rebel colonies started to abolish the practice. Pennsylvania abolished slavery in 1780, and about half of the states had abolished slavery by the end of
8125-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in
8250-466: The convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for
8375-779: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with
8500-494: The dividing line between the slave and free states was called the Mason-Dixon line (between Maryland and Pennsylvania), with its westward extension being the Ohio River . The 1787 Constitutional Convention debated slavery, and for a time slavery was a major impediment to passage of the new constitution . As a compromise, slavery was acknowledged but never mentioned explicitly in the Constitution. The Fugitive Slave Clause , Article 4, section 2, clause 3, for example, refers to
8625-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await
8750-433: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing
8875-480: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be
9000-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that
9125-637: The government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles, the United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite
9250-508: The highest bidder at a public auction if the Indian could not provide sufficient bond or bail. The new settlers took 10,000 to 27,000 California Native Americans as forced laborers, including 4,000 to 7,000 children. In April 1863, after the declaration of the Emancipation Proclamation , the California legislature abolished all forms of legal indenture and apprenticeship for Native Americans. At
9375-460: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and
9500-564: The importation of slaves. In 1863, voters approved the Willey Amendment, which provided for gradual abolition of slavery, with the last enslaved people scheduled to be freed in 1884. On February 3, 1865, the state legislature approved immediate abolition. The Restored Government of Virginia – the Unionist government that governed the limited territory then under Union control that had not left to form West Virginia – voted to end slavery at
9625-469: The individual would be reduced to a form of property. Chase made a "tactical" error in failing to emphasize the circumstances of Matilda's "escape" from her "master": in voluntarily bringing his slave to Ohio, Larkin Lawrence arguably forfeited his Missouri-established right of property in Matilda. The defense failed to convince the presiding Judge David Kirkpatrick Este. Deciding for the plaintiff, he reaffirmed
9750-730: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on
9875-632: The mid-18th century. The sentiments of the American Revolution and the promise of equality evoked by the Declaration of Independence stood in contrast to the status of most black people, either free or enslaved, in the colonies. Despite this, thousands of black Americans fought for the Patriot cause for a combination of reasons. Thousands also joined the British, encouraged by offers of freedom such as
10000-411: The momentum for antislavery reform appeared to run out of steam, with half the states having already abolished slavery ( Northeast ), prohibited it from the start ( Midwest ), or committed to eliminating it, and half committed to continuing the institution indefinitely ( South ). The potential for political conflict over slavery at the federal level made politicians concerned about the balance of power in
10125-457: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that
10250-625: The newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while the Congress could borrow money, it could not pay it back. No state paid its share of taxes to support
10375-550: The number of free states not exceed the number of slave states, so new states were admitted in slave–free pairs. There were, nonetheless, some slaves in most free states up to the 1840 census, and the Fugitive Slave Clause of the U.S. Constitution , as implemented by the Fugitive Slave Act of 1793 and the Fugitive Slave Act of 1850 , provided that a slave did not become free by entering a free state and must be returned to their owner. Enforcement of these laws became one of
10500-521: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president
10625-494: The other compromises of the Constitution was the creation of the Three-Fifths Clause by which slave states acquired increased representation in the House of Representatives and Electoral College equivalent to 60% of their disenfranchised slave populations. Slave states had wanted 100% of their slaves to be counted, whereas Northern states argued that none should be. The Northwest Ordinance of 1787, passed just before
10750-541: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in
10875-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against
11000-563: The powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it
11125-479: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of
11250-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on
11375-523: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,
11500-504: The procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution , often referred to as its framing, was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to
11625-495: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting
11750-498: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing
11875-523: The protests of U.S. officials. When Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783
12000-431: The publisher in 1836 after an anti-abolitionist mob attacked the offices of The Philanthropist . Chase immediately demanded a writ of habeas corpus for the release of the jailed Matilda. Birney, in turn, had been charged with harboring an escaped slave in his home. The cases were handled separately by the courts. Birney and Chase collaborated closely in preparing their legal defense. John W. Riley's affidavit submitted to
12125-488: The purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in the lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held
12250-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward
12375-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it
12500-591: The same reason – for the plantation and spreading of slavery". In 1854, the Missouri Compromise of 1820 was superseded by the Kansas–Nebraska Act , which allowed white male settlers in the new territories to determine, by vote ( popular sovereignty ), whether they would allow slavery within each territory. The result was that pro- and anti-slavery elements flooded into Kansas with the goal of voting slavery up or down, leading to bloody fighting . An effort
12625-797: The slave of Larkin Lawrence, a Missouri planter. Matilda's mulatto mother, also a slave, raised her while serving as housekeeper on the Lawrence estate. Upon her mother's death, the 16-year-old Matilda assumed the duties of housekeeper. In 1836, Larkin Lawrence traveled with 19-year-old Matilda to the free state of New York for an extended visit. As Matilda was a " light mulatto " he successfully presented his daughter/slave - "of striking beauty and engaging manners" - as his white offspring, concealing her servile status in Missouri. When Matilda implored her master-father to provide documents freeing her, he refused and made haste to return with her to Missouri. Stopping en route in Cincinnati, Ohio, Matilda fled secretly into
12750-586: The slave trade was legal; this took place in 1847. Slavery in the District of Columbia remained legal until 1862, when, over strong opposition from slaveholding residents, Congress passed the DC Compensated Emancipation Act . Many former slaveholders in the District refused to obey the new law which required Congress to pass supplemental legislation in 1862 that allowed enslaved people to file petitions for their own freedom. Although it did not become
12875-525: The sobriquet "attorney general for the fugitive slaves". James G. Birney was sued for allegedly violating Larkin Lawrence's property rights in violation of the constitutionally sanctioned Fugitive Slave Act. In Birney's defense, Chase maintained that the state of Ohio provided no statutes establishing property rights in persons held to service, nor the US Constitution , which defined slaves as "persons", not property. As such, he had committed no crime. Birney
13000-416: The spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at
13125-597: The start of the Civil War, there were 34 states in the United States, 15 of which were slave states. Eleven of these slave states, after conventions devoted to the topic, issued declarations of secession from the United States, created the Confederate States of America , and were represented in the Confederate Congress . The slave states that stayed in the Union – Maryland, Missouri, Delaware, and Kentucky (called border states ) – retained their representatives in
13250-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,
13375-603: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln
13500-567: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized
13625-629: The vast majority of the enslaved population consisted of Africans brought to the Americas via the Atlantic slave trade . Due to a lower prevalence of tropical diseases and better treatment , the enslaved population in the colonies had a higher life expectancy than in the West Indies and South America, leading to a rapid increase in population in the decades prior to the American Revolution . Organized political and social movements to abolish slavery began in
13750-522: The war's end. The Union-occupied state of Tennessee abolished slavery by popular vote on a constitutional amendment that took effect February 22, 1865. However, slavery legally persisted in Delaware, Kentucky, and (to a very limited extent, due to a trade ban but continued gradual abolition) New Jersey, until the Thirteenth Amendment to the United States Constitution abolished slavery throughout
13875-583: The war, slavery was abolished in some of the slave states, and the Thirteenth Amendment to the United States Constitution , ratified in December 1865, abolished slavery throughout the United States, except as punishment for a crime. Slavery was established as a legal institution in each of the Thirteen Colonies , starting from 1619 on wards with the arrival of "twenty and odd" enslaved Africans in Virginia . Although indigenous peoples were also sold into slavery,
14000-464: The writing of the U.S. Constitution in 1787, the subject of political crises in the Missouri Compromise of 1820 and the Compromise of 1850 and was the primary cause of the American Civil War in 1861. Just before the Civil War, there were 19 free states and 15 slave states. The most recent free state, Kansas , had entered the Union after its own years-long bloody fight over slavery. During
14125-430: Was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to the Articles, required legislative approval by all 13 of
14250-512: Was compounded by the subsequent admission of Oregon as a free state in 1859. The following table shows the balance between slave and free states that began in 1812. The Statehood columns provide the year the state either ratified the U.S. Constitution or was admitted to the Union . The date ranges in the Abolition column for Free States indicate when gradual abolition laws were adopted and when slavery finally ended, except for states where slavery
14375-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing
14500-515: Was found guilty in the lower court and he appealed to the Ohio Supreme Court. There Chase relied less on his constitutional arguments and more on Birney's testimony that he was not aware of Matilda's slave status in Missouri, nor that her departure from her father from the northern shore of the Ohio River never established fugitive status for his employee. The court reversed Birney's conviction on
14625-782: Was generally abolitionist: In a plan endorsed by Abraham Lincoln, slavery in the District of Columbia , which the Southern contingent had protected, was abolished in 1862. In Southern states, freedom for slaves typically followed the Union army's gaining control of an area. The Emancipation Proclamation declared all enslaved people in areas then under Confederate control free, but, in practice, freedom required either slaves reaching Union lines or Union forces reaching their area. As Union forces advanced from January 1, 1863, to June 19, 1865 , slaves were freed. West Virginia did not abolish slavery in its first proposed constitution of 1861, though it did ban
14750-563: Was initiated to organize Kansas for admission as a slave state, paired with Minnesota , but the admission of Kansas as a slave state was blocked because its proposed pro-slavery constitution (the Lecompton Constitution ) had not been approved in an honest election. Anti-slavery proponents during the " Bleeding Kansas " period of the later 1850s were called Free-Staters and Free-Soilers , and fought against pro-slavery Border Ruffians from Missouri. The animosity escalated throughout
14875-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of
15000-460: Was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery was protected further by allowing states to count three-fifths of their slaves as part of their populations, for
15125-451: Was outlawed in a specific year. From 1812 through 1850, maintaining the balance of free and slave state votes in the Senate was considered of paramount importance if the Union were to be preserved, and states were typically admitted in pairs: California was admitted as a free state in 1850 without an accompanying slave state, though certain concessions were made to the slave states as part of
15250-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at
15375-402: Was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating the letter and
15500-561: Was still independent before it joined the United States as the 14th state in 1791. These state jurisdictions thus enacted the first abolition laws in the Atlantic World . By 1804 (including New York (1799) and New Jersey (1804)), all of the Northern states had abolished slavery or set measures in place to gradually abolish it, although there were still hundreds of ex-slaves working without pay as indentured servants in Northern states as late as
15625-609: Was unaware of Matilda's ancestry when he hired her, as she had divulged little about her personal history and appeared to be white. Unbeknownst to Matilda or Birney, Larkin Lawrence had engaged a slave catcher , John W. Riley, to effect Matilda's capture and return to Missouri. After a lengthy surveillance of the Birney residence, Riley and his associates obtained a warrant for Matilda's arrest and took her into custody on March 10, 1837. Birney quickly enlisted Cincinnati attorney and abolitionist Salmon P. Chase who had successfully represented
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