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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 (Congress) – 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 Mountains. • Failures – Lacked money and resources – Confederation had no way to tax the states. – Each state had one vote – 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 history! 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 father. • 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 away. • Thus the Confiscation Act was unconstitutional. • It violated one of the rights that protected every North Carolinian. However… • Justices decided that since Mrs. Bayard was a British Citizen and her father was dead, she was not entitled to the same right. • 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 done. • 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 Watauga. • 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 Franklin. • 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 governor. • 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.