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HISTORY OF AMERICAN DEMOCRACY AND THE CHARTERS OF

FREEDOM
1.

HISTORICAL ORIGINS OF AMERICAN POLITICS


2.

EARLY DEMOCRATIC INITIATIVES


3.

COLONIAL AMERICA

4.
5.

THE REVOLUTIONARY WAR

THE DECLARATION OF INDEPENDENCE


6.

THE ARTICLES OF CONFEDERATION


7.

THE CONSTITUTION

8.

THE BILL OF RIGHTS

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History Of American Democracy And The Charters Of Freedom


Course description
The course is designed to
raise the students awareness of American history and civilization
and broaden their knowledge;
facilitate their better understanding of the American people;
bring them closer to American present political and cultural
values;
help them understand their own national history, cultural values
etc by comparing their own culture to the American culture
highlight the American political system vis--vis the European
systems

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The course is aimed at shedding light on the events, social, historical or otherwise,
which were conducive to the emergence of the American political system. In
this respect, issues such as the historical origins of the American political
system, early democratic initiatives, the Revolutionary War, the Constitutional
context deserve prominence.
The course further attempts to survey the three Charters of Freedom: the
Declaration of Independence, the Constitution and the Bill of Rights and
highlight their role in the making of the American nation. The course also
looks at other documents and literary sources which support the historical and
political events.

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HISTORICAL ORIGINS OF AMERICAN POLITICS

The American political system, and especially the structure of American


government, is mainly and largely dependent on the geographical factors,
rather than on ideology. Hence it was geography, more than ideology,
which shaped the structure of American government when it was formed in
the late eighteenth century.
The United States came into existence as a union of thirteen diverse states
that might be easily compared with the countries of the European Union,
which today are heading towards a federal system of government. The
questions faced by EU today are similar to those which troubled the farreaching minds of early federalist Americans. They were: How much power
should be centralized? What governmental functions should be left in local
hands? Should there be a single currency? Can states with diverse interests
conduct a single foreign policy? Although the Americans answers to these
questions may have changed somewhat over the past two centuries, the
federal system of government they created in the late eighteenth century has
proven remarkably durable.
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The American political system emerged during the American Revolution. It was
fostered by the political thought which generated it and grew along with it. As
early as 1783, each state had an independent government, with its own
legislature,
courts, and
local laws.
State and local governments emerged first, the federal government developed
later. Hence many rights and powers are not centered in Washington, but
originate and are controlled at the state and local level.
The existent differences or legal variations generate various attitudes towards
business, resulting in some states being more favorable to business than
others. Also corporate taxes vary greatly from state to state, as do laws for
incorporating a business.
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Early democratic initiatives

First English settlers

In July 1585 the first 108 English settlers landed on Roanoke Island, off the
coast of what is known the state of North Carolina. Starved and weakened they
left the settlement and sailed back to England. John White, a mapmaker sailed
with them.
In 1587 Sir Walter Raleigh sent again 118 settlers on Roanoke, including John
White, the mapmaker, whose daughter gave birth to the first English child born in
America, Virginia Dare. White returned to England for supplies and sailed back
to America only three years later. On his return in 1590 the settlement was
deserted what he found was only one word carved on a tree Croaton.
Raleigh was atheist and an adventurer, but the epoch was a religious one,
dominated by the Bible and The Book of Marthyrs- spread the myth that the
English had replaced the Jews the as the Elect Nation and were divinely
appointed by God to do Gods will on earth. at the origin of the myth was the
belief that the Christian faith had been brought to Britain directly by Joseph of
Arimathea on the instructions of the Apostles. Some held the view that is was St
Paul, or that Christ himself S.
paid
a secret
visit. The Roman Empire was6
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Chrisianised by the British.

In 1607 a new convoy of settlers built a new settlement which inaugurated the
era of lasting English settlements in America. The settlement was named
Jamestown after King James I..

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The settlers were employees of the Virginia Company, a company formed by


wealthy investors whose purpose was to set up colonies along the seacoast and
exploit the local natural resources. Consequently, the settlers were all busy
searching for gold. Captain John Smith, one of their leaders noted: There was
no talk, no hope, nor work, but dig gold, wash gold, load gold. The year
1609-1610 marked the starving time of the colony, when out of the 500
settlers only sixty remained alive in 1610

From then on the British crown sent over to the New World human offal, as
the new concept of getting rid of certain social categories gained ground all
over Europe. So the new settlers were predominantly convicts, homeless
children, condemned criminals etc.

The secret of the survival of the colony lies in the discipline enforced by John
Smith, in the exploitation of large areas of fertile land, the hard work of the
colonists, and finally in the cultivation of tobacco, for which John Rolfe earns
the greatest merit

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John Smith

Is remembered for his famous story of adventure, his being captured


by the Indians under Powhatan. The story appeared in A True
Relation in 1608 and represents the first American narrative. Basically
it is the story of capture and rescue, a story that has become a national
legend.
It has the merit of having set out the model for the literary genre
which was so well-received and appreciated by the early colonists
because if its vivid accounts of savage life.
Apart from the valuable descriptions and the vivid narratives, his
writings stand out as the chief source of information on the New
England territory and its inhabitants.
Furthermore, his book also established the form of exploration reports,
which inspired the explorers to come.
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Lord De La Ware who was the titular governor of the Virginia


Company has the merit of having established a system of law in 1611
which was completed by his successor Gates. This was the first
American legal code, what Gates called his Lawes Divine, Morale
and Martial, but which were known as Dales Code after Gatess
marshal, Thomas Dale, who enforced them.
The year 1619 represented a significant change in the way the
colonists were organized and governed. Up to this time Virginias
affairs in the New World were regulated and controlled by governors
sent over by the Virginia Company. From that year on the Company
allowed a body called the House of Burgesses to be set up. The
burgesses were elected representatives from the various settlements
along Virginias rivers. They met to advise the governor on the laws
the colony needed. Without even realizing it, the House of Burgesses
played an important role in establishing a democratic tradition in
America, that of allowing people to have a say in decisions that
concerned them.
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On July 30, 1619 the first General Assembly of Virginia met in Jamestown
Church for a week. Presided over by Yeardly, flanked by his six fellow
councilors, constituting the government, it also included twenty-two elected
burgesses. They set in separate House, like the Westminster Common and
made up a miniature parliament, as in England itself.

In the same year a Dutch man-of-warre brought twenty captured black


Africans (negars) which were sold to the settlers as slaves.

another form of servitude: that of indentured servitude.


Thus, within a decade of its foundation, the colony had acquired a
representative institution on the Westminster model (Johnson, Paul, 1999).
Thus in 1619 the first English colony in America embarked upon two roads
which bifurcated and led in two totally different directions representative
institutions, leading to democratic freedoms and the use of slave labor.
The latter eventually divided the society into 2 castes of human beings, the
free and the unfree.

The next event was the landing at New Plymouth (in what later became
Massachusetts) on Dec. 11, 1620 of the first settlers of the Mayflower, who on
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board assembled and drew up
a social compact, destined to secure unity and 11
provide for future government. In effect, it created a Civil Body Politic.

William Bradford (1590-1657) Of Plymouth Plantation:

IN THE NAME OF GOD, AMEN


We whose names are underwritten, the loyal subjects of our dread Sovereign
Lord King James, by Grace of God of Great Britain, France, and Ireland King, Defender
of the Faith, etc.
Having undertaken , for the Glory of God and advancement of the Christian
Faith and Honour of our King and Country, a Voyage to plant the First Colony in the
Northern Parts of Virginia, do by these presents solemnly and mutually in the presence of
God and one of another, Covenant and Combine ourselves together into a Civil Body
Politic, for our better ordering and preservation and furtherance of the ends aforesaid;
and by virtue hereof to enact, constitute and frame such just and equal Laws, Ordinances,
Acts, Constitutions and Offices, from time to time, as shall be thought most meet and
convenient for the general good of the Colony, onto which we promise all due
submission and obedience. In witness whereof we have hereunder subscribed our names
at Cape Cod, the 11th of November, in the year of the reign of our Sovereign Lord King
James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth.
Anno Domini 1620.

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So far the new settlers had been gentlemen adventurers, landless men, indentured
servants, all united by the common desire to better themselves socially and
financially in the New World. They all were driven by the desire to apply to
common law justly, govern sensibly in the common interest and according to the
general needs of the community. They and their progeny were to form one
principal element in American traditions, both public and private a useful,
moderate, creative element, good for all seasons.
The settlers who embarked on the Mayflower were different, they came to
America not primarily for gain or even livelihood, though they accepted both
from God with gratitude, but to create His kingdom on earth. They were the
zealots, the idealists, the utopians, the saints, and the best of them, or perhaps...
the most extreme of them were fanatical, uncompromising and overweening in
their self-righteousness.
They were also immensely energetic, persistent, a courageous. They
and their offsprings were to build to other element in the American tradition,
creative too, but ideological and cerebral, prickly and unbending, fiercely
unyielding on occasions to the point of self-destruction. These two elements were
to produce the American people.S. IRIMIEA, API, 2013
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In effect, it created a civil body politic to provide just and equal laws
founded upon church teaching, the religious and secular governance of the
colony to be in effect indistinguishable.

This contract was based upon the original Biblical covenant between God
and the Israelites. But it reflected also early 17 th century social-contract theory,
which was later to receive such notable expressions in Thomas Hobbes
Leviathan (1655) and John Lockes Treatise of Civil Government (1690).

It is an amazing document for these earnest men (and women) to have agreed
and drawn up, signed by all forty-one heads of households abroad the tiny
vessel in the midst of the troubled Atlantic and it justified to the profound
earnestness and high purpose with which they viewed their venture (Johnson
P. 1999.).

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John Winthrop

was an important figure of the early convoys


- He is regarded as the first great American. He believed that the previous
colonies had failed because they were not undertaken in the name of a
religion, they were carnall not religious as he put it. Fundamentally, he did
not to separate from the Anglican Church. Because he thought it redeemable,
he also admitted that the redemptive act would take place only in New
England. Hence, the new colony was destined to become a pilot church and
state which could create an ideal spiritual and secular community, whose
example should in turn convert and save the Old World too. He condensed his
vision in the following words which he addressed to the travellers: We must
consider that we shall be as a City upon a Hill, the eyes of all people are upon
us.
- Winthrops venture marked a turning-point in the history of New England,
first by bringing over 1,000 settlers, then by settling the place which
became Boston, the capital.
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These later convoys were soon followed by other convoys which brought over
animals, provisions, livestock of all kinds. The settlers cultivating skill and their
devotion turned the Connecticut Valley into the richest and most fertile land. In
time to all these natural treasures it added colleges, publishing houses, and the
first newspapers in the Americas.These settlers did indeed not fail because they
did not go in search for gold, instead they sought to prosper locally.

Winthrop became the first New England governor between 1630-4 and the
colony had a firm, even a harsh government, exactly what it needed most. The
government was conducted by men chosen by all full members of the
congregation. These were freemen and they were recruited in batches on
account of their Godly behaviour. Although from time to time he added more
men to the freemen ranks, he ruled the community as a dictator. He summoned
his General Court only once a year, not four times as the company charter
stipulated. In his time everyone not only the freemen had to swear an oath of
loyalty to his government.

Winthrop was a stern, authoritarian governor ,tyrannical. He flouted the


charter. Consequently, he was publicly deposed at a general meeting.

The freemen of the colony then set up what was in effect a representative
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system of government,

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John Winthrop (1588- 1649)


Was the leader of the 2 000 men, women and children who were brought to the New World and who
heralded the beginning of the Great Migration of Puritans to the Massachusetts Bay Colony.
He was born in a rich family and educated at Cambridge University, where he studied law. He became a
justice of the peace and a lawyer in London. Then he embarked upon the task of organizing a Christian
colony in New England, the later-to-be Massachusetts Bay Colony. Consequently he was
elected/appointed governor of the colony and set sail to America on Arabella.
He is also remembered for hid Journal, which he started writing in 1630 and ended in the year of his
death(1649).
The Journals measured and judicial style reflects the ordered mind of its author and his
desire to tell the plain truth.
It reveals Puritan attitudes towards women and towards the world of commerce. It also
shows the Puritans need to find divine sanction for their acts and shows their craving for evidence of a
divine purpose in even the trivial events of their daily lives. Although it is an unpolished chronicle
rather than a finished history, it has the merit of being written by
someone at the centre of
events .
His political creed was based on the Calvinist axiom that all mankind was corrupted by
the original sin of Adam. (Concise Anthology)
Winthrop regarded himself as chosen by God. According to his political view, man had liberty not to do
what he liked that was for the beasts but had to distinguish between good and evil by studying Gods
commands, and then to do what was good

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Another significant figure which emerged in this age was Roger Williams (1603-83)
a clever, energetic and public-spirited man.
Williams stood for the liberty-principle. He held the view that God convenanted with each individual and not
as Winthrop asserted that God convenanted with a congregation or an entire society. Thus he firmly separated
church from state, and their interference.
Eventually Williams became persecuted for his liberal views and had to flee. He then founded the Rhode
Island colony and was its governor. Rhode Island became the first colony to declare complete freedom of
religion and separate the church from state. This facilitated the absorption of Quakers, Baptists etc. so his
colony became a refuge to diverse religions sects. This marked a turning point in the evolution of America. It
not only acknowledged the separation of church and state, but went one step further by inaugurating the
practice of religious competition.

Although The New World did not produce many noteworthy works of art in the 17 th century nor did its
inhabitants excel in literature, yet America was abreast of the European world. It had a deep-rooted and
increasingly experimental political culture. Here, the English tradition was incomparable value. It was rich and
very ancient (Johnson Paul,1999). In this respect it could not be compared with Spain or France whose
national institution emerged only in the 17 th century, neither having much experience of representative
government of a unified legal system. By contrast, England had a national unity since the 9 th century with
forms of representation going back to that date and even beyond. Its common law began to mature as early as
the 12th century; its statute of the realm, Magna Carta, was enrolled as early as 1215, its parliaments, with their
knights of the shire and their burgesses of the towns, had had a continuous history since the 14 th century as an
institution which passed laws for all the people and raised revenues from all of them, too. Thus, behind the
settlers of America were 1,000 years of political
historyAPI,
(Johnson
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The growth of English America covered three decades (1630-60) and


regarded both social and economic life. The period was also
characterized by strong political arguments and debates which
cherished the political experiments witnessed. It is perhaps for
the first time in history that the fundamentals of participatory and
democratic politics were discussed (Johnson Paul, 1999).
The early settlers came from various intensely religious and political
backgrounds, although most of them were independent-minded
Governors were appointed by the King or elected and every colony set
up some kind of representative assembly shortly after their
settlement. Furthermore, many offices in America became elective
from the start.
The colonies in 18th century America were based on an empirical and
practical political system, rather than a coherent, uniform system.
-it resembled the way in which the British system evolved
- no two colonies were the same.
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Originally the colonies had been divided into two categories: trading or
commercial companies run like primitive joint-stock corporations, or
proprietary companies, run by one or more great landed estate-owners. All
had charters issued directly by the crown. In each colony the governor
constituted the apex of the pyramid of power and it is a characteristic of the
profound constitutional conservatorism.

1.

In the crown colonies the governors were appointed by the king on the advice
of his ministers.

2.

In the proprietary colonies they were chosen by the proprietors with the
Kings approval.

3.

In the charter colonies they were elected, though again royal approval was
needed. They were paid by the colonial assemblies some small stipends.
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They were, however, caught between 2 different, and often, opposed


forces: on top of them was the crown which exercised its control via
the Privy Council, which again operated through a Commission
variously called for trade or plantations,
The crown used to think about governors as weak, ineffectual,
demanding and expensive servants, always quarreling with the
planters, provoking rebellions, or getting themselves involved in
Indian wars.
THE GOVERNORS ruled with a council, which formed the
executive or administrative body of the colony and constituted the
upper chamber (like the House of Lords) of its assembly.
They were appointed by the crown (in royal colonies) and by the
proprietors,
their number varied.
They also performed judicial functions and served as courts of
appeal, though important cases were sometimes sent to the Privy
Council in London.
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Then there was yet another chamber, the lower chamber of the assemblies.
The first such chamber dated as far back as 1619. All the colonies were
governed by such chambers and most of them were older than any parliaments
in Europe, apart from Britains. They imitated the House of Commons and
kept track of all its history, and whenever the case arose they cited from it to
defend a certain cause.

The Americans inherited the English common law and produced the
constitutions as well. The Fundamental Orders of Connecticut (1639) was the
first written constitution not only in America, but also in the world.

Written constitutions were then adopted in every colony. The uniqueness of


the colonies lay in the adoption of constitutions and the existence of
assemblies. Perhaps in this respect, America can be regarded as more
advanced even than England and certainly, more innovatory than many other
advanced countries.

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The sheer adoption of a constitution made a colony feel


self-contained, mature, almost sovereign.
it further shaped the peoples expectations and attitudes in terms of rights, natural
law and absolute things,
It stimulated and fuelled further far-reaching developments, pointing to
Independence.
The early establishment of assemblies and written constitutions was primarily
the consequence of the crowns physical inability in the first half of the 17 th
century to exercise control. Moreover, the English parliament also waged war
against the crown in the 1640s, and consequently acquired some powers, and the
colonies hastened to benefit from this troubled atmosphere throwing away the
royal government of some colonies, such as New York, Massachusetts and
Maryland and replaced it by popular rule. When later on William III thought to
reorganize the colonies on Continental lines; he was confronted with the
assemblies resistance and was thus forced to concede their rights to them. All
these represented further milestones along the way to independence.
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In constitutional terms, the first half of the 18th century American mainland
colonies is dominated by the struggle of the lower elected houses to gain
control. Although, in general, the governor had the power of veto over
legislation and he was expected, using his council of members sitting in the
upper chamber, to take the lead within the elected assemblies differentially
subordinate. However, the reverse happened, i.e. these assemblies waged
constitutional battles with governors, councils, and the crown, blocked orders,
and, on the whole determined the political agenda. Soon they increased their
power and during the first half of the 18th century they were able to order their
own business, hold elections, direct their agents in London, control the release
of news to the press. They had the sole right to frame and amend money Bills,
and so to raise or lower taxes. They controlled expenditure by specific
allocations, including the appointment of money commissioners and taxcollectors, regulated the fees of the administration and subjected all officials to
annual salary regulations. In fact unlike the House of Commons they disposed
of executive responsibilities and began to think themselves as government.
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This was by no means a one-way struggle, as on the other side, the


governor also tried to cling to his prerogative powers to appoint judges
and regulate the courts, to summon, to dissolve or extend assemblies.
Instead of holding grip over power and dominating the scene, his power
actually diminished, as the people would not let themselves ruled against
their will. By 1760 the Americans were already predominantly
middle-class, and the colonies were in many respects a middle class
democracy, too (Johnson Paul, 1999).

The lower houses eventually set the lead or the upper hand at various
speeds in different colonies. So in 1770, they all did so and the movement,
on the whole indicated one single direction towards representative
democracy and the rule by the many. These were the Houses of
Representatives.

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The War of Independence

Until 1763 the advantages that the colonists had from the imperial policy
dictated their attitude, that is, they were obedient subjects. As advantages we
can mention:
access to markets of the empire;
protection afforded by British naval and military forces;
the pride of belonging to that empire.

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After 1763 Americans grew aware of the disadvantages brought about by the
empire and they concluded that the policies of the empire rather threatened
the well-being of nearly all classes in America.
northern merchants suffered from the various restraints imposed on their trade
and the increased taxation
southern planters were burdened with debts to English merchants and had to
pay additional taxes
professional men-preachers, lawyers and professors considered that they had
the same interests as the merchants and planters
small farmers were deprived of some markets and affected by a reduction of
prices for their crops and an increase in their taxes and other-costs
town workers faced narrower opportunities because of restraints on
manufacturing paper money.
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Thus, on the night of March 5, 1770 citizens and other liberty boys fell
upon the sentry at the customs house. This confrontation caused several shots
to be fired and some soldiers fell. This event is remembered as the Boston
Massacre.

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The measurea taken by the British crown angered the local spirits so
consequently, in September 1774 a group of colonial leaders came to
Philadelphia to form the first Continental Congress to oppose what they
considered the British King, but on the other hand it called upon all Americans
to take a stand against the British acts, to support the people of
Massachusetts by refusing to buy British goods. The Congress agreed on five
major decisions:
they did not accept the idea of a colonial union under British authority;
they recognized the right of the Parliament to regulate colonial trade and
required the elimination of all acts passed since 1763;
approved to preparations concerning a possible defense against the British
troops in Boston;
agreed to non-importation and non-consumption as means of shopping the
trade with Great Britain;
that the Congress be held once a year.
In other words this meant that the colonies reaffirmed their autonomous status
within the empire and declared economic war to maintain that position.
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The Second Continental Congress assembled in July 1775and adopted the


Declaration of the Causes and Necessiy of Tking up Arms announcing that
the Britih government had left the Americans with only two alternatives :
unconditional submission to the tyranny of irritated ministers resistance by
force.

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Declaration of the Causes and Necessiy of Tking up Arms

Lest this declaration should disquiet the mind of our friends and fellow

subjects any part of the empire, we assure them that we mean not to dissolve
that union which has so long and so happily subsided between us, and which
we sincerely wish to see restored. Necessity has not yet driven us into that
desperate measure, or induced us to excite any other nation to war against
them. We have not raised armies with the ambitious design of separating from
Great Britain, and establishing independent states
In our native land, indefence of the freedom that is our birthright, and which
we ver enoyed till the late violation in it for the protection of our property,
acquired solely by the honest industry of our forefathers and ourselves, against
violence actually offered, we have taken up arms. We shall lay them down
when hostilities shall cease the part of the aggressors, and all danger of their
being renewed shall be removed, and not before

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The Second Continental Congress began to act as an American national


government in that it set up an army of 17,000 men under the command of
George Washington and sent our messengers to European countries to seek aid
for future hostile encounters.
The role of inflaming the masses and urging them to action came to Thomas
Paine, well remembered for his persuasive voice in call for American
independence and braking up with England. His conviction expressed in
Common Sense Everything that is right or reasonable cries for separation,
This time to part moved the Americans and called for quick action. Indeed,
the pamphlet, Common Sense made Paine famous as it was widely circulated
and practically read by almost every American.
On July 2, 1776, the Continental Congress cut off all political ties with
Britain and declared that these United Colonists are, and of right ought to be,
free and independent states, followed by the Declaration of Independence,
on July 4. The Declaration was drawn up by Jefferson, with the collaboration
of Washington and Franklin, and proclaimed that all men were created equal
with a right to Life, Liberty an the Pursuit of Happiness.
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The declaration influenced history to a great extent. Its democratic principle


that all men are created equal stimulated various humanitarian movements
in the States and abroad, it inspired the French revolution and its Declaration
of the Right of Man. It brought about an increased foreign help and the French
intervention on the Americans side. It further brought cheer and health.
Church bells were rung in Philadelphia and Boston, and other places. Still,
there were people who did not agree to the war and others who had been
willing to support it only so long as its aims did not conflict with their basic
loyalty to the king. Among the Loyalists (or Tories) were the rich families and
poor ones, townspeople, wealthy merchants and planters.

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The Articles of Confederation and Perpetual Union

=Americas first constitution- adopted in November 1777 by the Continental


Congress

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Bibliography

Walter J. Oleszek, 1984, Congressional Procedures and the Policy Process, CQ Press,
Washington, DC.

Siane Racitch and Abigail Thernstrom, 1992, The Democracy Reader, Harper Collin
Publishers, NY.

Frances Moore Lapp, 1989, Rediscovering Americas Values, Balantice Bodes, NY.

James E Mickery, Jr. and Alexei Ugrinsky, 1996, Government Structure in the USAR
the Sovereign Stetes of the Former USSR, Greewook Press, London.

Paul Johnson, 1999, A History of the American People, Harper Perennial, NY.

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