Chapter 6 A Fledgling State in a New Nation

Chapter 6
A Fledgling State in a New Nation
Section 1
The State in the Confederation
• Articles of Confederation
– Country’s first constitution
– Created a one-house national legislature
– Each state had only one vote
– No president and no court system
– Simply called the Confederation
Success and Failures
• Successes
– Signing a Peace
Treaty with Britain
– Secured new lands
west of Appalachian
• Failures
– Lacked money and
– Confederation had no
way to tax the states.
– Each state had one
– No judiciary or
executive branch.
North Carolina after the War
• NC was slow to recover after the American
rev. War.
• Disorganized which led to Generally
Assembly moving from place to place.
– Host towns
• Tarboro
• Smithfield
• Wake Court House
Treaty of Paris
• Treaty of Paris protected Tories property
• Many Tories sued to recover their lost
lands and possessions.
• However, generally Assembly passes law,
saying, you could not sue that way.
• Results, Most important court case in state
Mrs. Elizabeth Bayard
Resident of England
Challenged the new law
Took her case to the state supreme court
Wanted property willed to her by her
• Spyers Singleton bought the land after the
state confiscated it.
• 1787, the best lawyers in the state
gathered in the courthouse in New Bern to
take part in this landmark case.
• Among them were
– William R. Davie
– James Iredell
Singletons defense
• His lawyers asked for the case to be
dismissed based on what the law clearly
stated. (Suing was not permitted)
• State court refused
The Court
• Chief Justice Samuel Ashe
– Argued the Declaration of Rights in the state
constitution guaranteed a trial by jury.
– State legislature had no right to take that
• Thus the Confiscation Act was unconstitutional.
• It violated one of the rights that protected every
North Carolinian.
• Justices decided that since Mrs. Bayard
was a British Citizen and her father was
dead, she was not entitled to the same
• Her case was dismissed as well as 27
similar ones.
Bayard v. Singleton
• Became important legal precedent.
• Precedent – a case used later as a guide to
judge other disputes.
• This case was the first time the courts
challenged so strongly what the legislature had
• The idea of Judicial review became part of the
checks-and-balances approach to government
in the US.
• Judicial review – court could judge the
constitutionality of the law.
State of Franklin
• Residents west of Blue Ridge Mountains wanted
more control over their own rights.
• Most of settlers lived in tributaries of the
Tennessee River like the Holston or the
• NC General Assembly in 1784 ceded its western
lands to the Confederation government, the
leaders of the Watauga area petitioned
Congress to set up a new state.
• This new state was to be called, Franklin
• Franklin was to be named after Benjamin
• NC decided to take back the land, however,
Franklin went ahead anyway.
• 1784, they met in Jonesborough, wrote a
constitution and elected John Sevier, as their
• The state of Franklin was controversial like many
events in NC.
• The new states was not ever recognized by
Congress or NC General Assembly.
• State of Franklin ceased to exist by 1787.
Creation of new state
• The fight over Franklin did help create the
state of Tennessee.
• The territory of Tennessee was set up in
1794 and by 1796 statehood was granted.