D2.Civ.3.6-8: Origins, Purposes and Impact of Constitutions, Laws and Treaties

Overview

Lesson Procedure

60-75 minutes of class time across 5 phases.

1. Warm-Up5-10 minutes
2. Direct Instruction20 minutes
3. Guided Practice15 minutes
4. Independent Practice15-20 minutes
5. Closure5-10 minutes

1. Warm-Up5-10 minutes

   Start with rules students already live under.

   Warm-Up Prompt

   "Think of one written rule or agreement at our school: the dress code, the field-trip permission form, or a deal with another school to share a gym. Who made it? What problem was it supposed to fix? What changed after it began, and did anything happen that its makers did not expect?"

   Take two or three answers and sort the students' words into three columns on the board: origins (who made it, when, and what led to it), purposes (what it was meant to do) and impact (what actually changed, and for whom). Tell students these three columns are today's tools, and that they will use them on four kinds of documents that governments make.

   Four kinds of documents governments make

   Kind of document	What it is	Who makes it in the United States	Today's example
   Constitution	The basic plan of a government: it sets up the parts of the government, says what powers they have and lists the people's rights	A convention of elected delegates writes it; the people or the states approve it	Constitution of Vermont, 1777 (Source 1)
   Law	A rule made by a legislature, a group of elected lawmakers	Congress passes a bill and the President signs it (or Congress overrides a veto)	Homestead Act, 1862 (Sources 2 and 3)
   Treaty	A formal written agreement between two or more countries	Diplomats negotiate it; the President signs it, and two-thirds of the senators present must approve it	Treaty of Paris, 1783 (Source 4)
   International agreement	Any agreement between countries. A treaty is one kind; others include an exchange of letters between diplomats	Diplomats and the executive branch; the Senate is sometimes asked to approve it	Rush-Bagot Agreement, 1817 (Sources 5 and 6)

   Point out one fact about the Treaty of Paris row: in 1783 the United States had no Senate yet. The treaty was approved by the Congress of the Articles of Confederation in January 1784. The rule about two-thirds of the Senate comes from the U.S. Constitution, written in 1787.

2. Direct Instruction20 minutes

   Part 1: The constitution. In 1777 the people living between New York and New Hampshire had a problem. New York claimed their land and their government, and many settlers held land titles from New Hampshire that New York would not honor. In January 1777 their leaders declared a new, independent state, and in July 1777 a convention at Windsor adopted a constitution. Vermont stayed outside the United States until 1791, when it joined as the fourteenth state. Read Source 1 aloud. Gloss before reading: "whereas" (because; since), "jurisdiction" (the power to govern a place), "unalienable" (cannot be taken away), "holden by law" (held by law), "apprentice" (a young person bound to work for someone while learning a trade), "freeman" (here, a man with full rights as a citizen, including the vote).

   1Whereas, all government ought to be instituted and supported, for the security and protection of the community, as such, and to enable the individuals who compose it, to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and whenever those great ends of government are not obtained, the people have a right, by common consent, to change it, and take such measures as to them may appear necessary to promote their safety and happiness.

   [...]

   2And whereas, the local situation of this State, from New-York, at the extreme part, is upward of four hundred and fifty miles from the seat of that government, which renders it extreme difficult to continue under the jurisdiction of said State.

   3Therefore, it is absolutely necessary, for the welfare and safety of the inhabitants of this State, that it should be, henceforth, a free and independent State; and that a just, permanent, and proper form of government, should exist in it, derived from, and founded on, the authority of the people only, agreeable to the direction of the honorable American Congress.

   [...]

   4I. That all men are born equally free and independent, and have certain natural, inherent and unalienable rights, amongst which are the enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety. Therefore, no male person, born in this country, or brought from over sea, ought to be holden by law, to serve any person, as a servant, slave or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent, after they arrive to such age, or bound by law, for the payment of debts, damages, fines, costs, or the like.

   [...]

   5Section VI. Every man of the full age of twenty-one years, having resided in this State for the space of one whole year, next before the election of representatives, and who is of a quiet and peaceable behaviour, and will take the following oath (or affirmation) shall be entitled to all the privileges of a freeman of this State.

   Part 2: Three questions for any document. Show Diagram 1. Model each question with Source 1, thinking aloud, then let students check your reasoning against the words.

   • Origins: why this constitution was written (Source 1, paragraphs 2-3)

     What led the people of Vermont to write their own constitution in 1777?

     Result: The writers say New York's seat of government was "upward of four hundred and fifty miles" away, which made it "extreme difficult to continue under the jurisdiction of said State." So they decided Vermont "should be, henceforth, a free and independent State" with a government "founded on, the authority of the people only." The origin is a quarrel over who would govern the land, during the American Revolution.

   • Purposes: what government is for (Source 1, paragraph 1)

     According to the opening of the preamble, what is the purpose of government?

     Result: Government is set up "for the security and protection of the community" and so that people can "enjoy their natural rights." The paragraph adds a second idea: when those ends are not met, the people "have a right, by common consent, to change it." A constitution states purposes like these so that later leaders can be judged by them.

   • Impact: what the words could change (Source 1, paragraph 4)

     What did Article I say about slavery, and how could we find out what it actually changed?

     Result: Article I says no one "born in this country, or brought from over sea, ought to be holden by law, to serve any person, as a servant, slave or apprentice" once he or she reached a set age. It is often described as the first American constitution to ban adult slavery. But words on paper are not the same as impact: to judge impact we need evidence from after 1777, such as court cases, census counts and later laws. Historians have documented people held in slavery in Vermont after 1777, so the clause did not end every case at once.

   Part 3: Signal words. Show students how the document itself marks the three questions. "Whereas" sentences usually explain origins. "Therefore" and "to the end that" sentences state purposes. Impact is almost never in the document: it comes from what happened later. Keep a two-column note on the board, "the document says" and "what happened later," and remind students that a purpose is a plan, while an impact is a result.

3. Guided Practice15 minutes

   The law. In 1862, during the Civil War, Congress passed the Homestead Act. It offered public land, land owned by the federal government, to settlers who would live on it and farm it. Much of that land had been the homeland of Native nations, taken by the United States through treaties, purchases and war. Pairs read Source 2, the law itself, and Source 3, the National Archives' explanation of it, and fill in the three columns. Gloss: "head of a family" (the adult in charge of a household), "quarter section" (160 acres; a section is one square mile, 640 acres), "affidavit" (a written statement sworn to be true), "patent" (the official paper giving a person ownership of land), "revert" (go back).

   1Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required by the naturalization laws of the United States, and who has never borne arms against the United States Government or given aid and comfort to its enemies, shall, from and after the first January, eighteen hundred and sixty-three, be entitled to enter one quarter section or a less quantity of unappropriated public lands

   [...]

   2SEC. 2. And be it further enacted, That the person applying for the benefit of this act shall, upon application to the register of the land office in which he or she is about to make such entry, make affidavit before the said register or receiver that he or she is the head of a family, or is twenty-one years or more of age, or shall have performed service in the army or navy of the United States, and that he has never borne arms against the Government of the United States or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation [...] and on payment of ten dollars, he or she shall thereupon be permitted to enter the quantity of land specified: Provided, however, That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry

   [...]

   3SEC. 5. And be it further enacted, That if, at any time after the filing of the affidavit, as required in the second section of this act, and before the expiration of the five years aforesaid, it shall be proven, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit shall have actually changed his or her residence, or abandoned the said land for more than six months at any time, then and in that event the land so entered shall revert to the government.

   1The Homestead Act, enacted during the Civil War in 1862, provided that any adult citizen, or intended citizen, who had never borne arms against the U.S. government could claim 160 acres of surveyed government land. Claimants were required to live on and “improve” their plot by cultivating the land. After five years on the land, the original filer was entitled to the property, free and clear, except for a small registration fee. Title could also be acquired after only a six-month residency and trivial improvements, provided the claimant paid the government $1.25 per acre. After the Civil War, Union soldiers could deduct the time they had served from the residency requirements.

   2Although this act was included in the Republican party platform of 1860, support for the idea began decades earlier. Even under the Articles of Confederation, before 1787, the distribution of government lands generated much interest and discussion.

   3The act, however, proved to be no panacea for poverty. Comparatively few laborers and farmers could afford to build a farm or acquire the necessary tools, seed, and livestock. In the end, most of those who purchased land under the act came from areas quite close to their new homesteads (Iowans moved to Nebraska, Minnesotans to South Dakota, and so on). Unfortunately, the act was framed so ambiguously that it seemed to invite fraud, and early modifications by Congress only compounded the problem. Most of the land went to speculators, cattle owners, miners, loggers, and railroads. Of some 500 million acres dispersed by the General Land Office between 1862 and 1904, only 80 million acres went to homesteaders. Indeed, small farmers acquired more land under the Homestead Act in the 20th century than in the 19th.

   • Impact with numbers (Source 3, paragraph 3)

     The National Archives says that "Of some 500 million acres dispersed by the General Land Office between 1862 and 1904, only 80 million acres went to homesteaders." What fraction of that land went to homesteaders?

     Result: 80 ÷ 500 = 0.16, so about 16 percent, or roughly 1 acre in 6. The rest, the same paragraph says, went mostly "to speculators, cattle owners, miners, loggers, and railroads." This is evidence about impact: the law's purpose was to put land in the hands of settlers, but in the years these figures cover, most public land went to others.

   Teacher model for the pair work: Origins. Source 3, paragraph 2 says the idea was much older than the law: land distribution "generated much interest and discussion" even under the Articles of Confederation, and the plan was in the Republican party platform of 1860. Purposes. Section 2 asks each applicant to swear that the land is for "actual settlement and cultivation," so the purpose is to turn public land into family farms. Impact. Source 3, paragraph 3 opens with a warning, the act "proved to be no panacea for poverty," and ends with a surprise: "small farmers acquired more land under the Homestead Act in the 20th century than in the 19th." Ask pairs to find one more clue for each column on their own before the quiz.

4. Independent Practice15-20 minutes

   Students read the last three sources and answer the quiz. Source 4 is part of the treaty that ended the War for Independence. Commissioners John Adams, Benjamin Franklin and John Jay negotiated it in Paris with David Hartley for Great Britain; it was signed on September 3, 1783. Gloss: "His Britannic Majesty" (the King of Great Britain), "relinquishes" (gives up), "creditors" (people who are owed money), "bona fide" (real; made in good faith), "Garrisons" (troops stationed in a fort), "Navigation" (the right to travel and ship goods by boat).

   1Article 1st: His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and Independent States; that he treats with them as such, and for himself his Heirs & Successors, relinquishes all claims to the Government, Propriety, and Territorial Rights of the same and every Part thereof.

   [...]

   2Article 4th: It is agreed that Creditors on either Side shall meet with no lawful Impediment to the Recovery of the full Value in Sterling Money of all bona fide Debts heretofore contracted.

   [...]

   3Article 7th: There shall be a firm and perpetual Peace between his Britannic Majesty and the said States, and between the Subjects of the one and the Citizens of the other, wherefore all Hostilities both by Sea and Land shall from henceforth cease: All prisoners on both Sides shall be set at Liberty, and his Britannic Majesty shall with all convenient speed, and without causing any Destruction, or carrying away any Negroes or other Property of the American inhabitants, withdraw all his Armies, Garrisons & Fleets from the said United States, and from every Post, Place and Harbour within the same; leaving in all Fortifications, the American Artillery that may be therein

   [...]

   4Article 8th: The Navigation of the river Mississippi, from its source to the Ocean, shall forever remain free and open to the Subjects of Great Britain and the Citizens of the United States.

   What happened next (use with Question 5): British troops did not leave all of their forts. Posts such as Detroit and Niagara, inside the new boundary, stayed in British hands for thirteen more years. British officials pointed to Americans who had not paid their prewar debts to British merchants and to states that had seized the property of Loyalists. The British left the forts in 1796, after a new agreement, Jay's Treaty of 1794.

   Sources 5 and 6 are about an agreement made after the War of 1812, when British and American warships had fought on the Great Lakes. Source 5 is the note in which the British minister, Charles Bagot, accepted an American proposal; Acting Secretary of State Richard Rush answered the next day with the same terms. Gloss: "His Royal Highness" (the Prince Regent, who ruled for his father, King George III), "Tons burthen" (the size of a ship), "dismantled" (taken apart), "annulling this Stipulation" (canceling this agreement). Source 6 is a modern history written by the State Department's Office of the Historian.

   1His Royal Highness, acting in the name and on the behalf of His Majesty, agrees, that the Naval Force to be maintained upon the American Lakes by His Majesty and the Government of the United States shall henceforth be confined to the following Vessels on each side-that is

   2On Lake Ontario to one Vessel not exceeding one hundred Tons burthen and armed with one eighteen pound cannon.

   3On the Upper Lakes to two Vessels not exceeding like burthen each and armed with like force.

   4On the Waters of Lake Champlain to one Vessel not exceeding like burthen and armed with like force.

   5And His Royal Highness agrees, that all other armed Vessels on these Lakes shall be forthwith dismantled, and that no other Vessels of War shall be there built or armed

   6His Royal Highness further agrees, that if either Party should hereafter be desirous of annulling this Stipulation, and should give notice to that effect to the other Party, it shall cease to be binding after the expiration of six months from the date of such notice.

   7The Undersigned has it in command from His Royal Highness the Prince Regent to acquaint the American Government, that His Royal Highness has issued Orders to His Majestys Officers on the Lakes directing, that the Naval Force so to be limited shall be restricted to such Services as will in no respect interfere with the proper duties of the armed Vessels of the other Party.

   1U.S. political leaders had long expressed interest in disarming the Great Lakes and had proposed such a measure during negotiations that led to the 1794 Jay Treaty, but British officials had rejected this proposal. During the War of 1812, both Great Britain and the United States had built fleets of ships on lakes Erie and Ontario, and fought many battles in the region. Near the end of the war, U.S. forces had achieved dominance over the Lakes. After the war, both powers were wary of one another’s military strength and a postwar shipbuilding race ensued.

   [...]

   2Although tensions between Great Britain and the United States remained high along the Great Lakes, overall relations improved. Postwar trade rebounded, and British political leaders increasingly viewed the United States as a valuable trading partner, while also realizing that British North America would be expensive and difficult to defend should another war break out.

   [...]

   3The agreement limited military navigation on the Great Lakes to one to two vessels per country on each lake. The U.S. Senate ratified the agreement on April 28, 1818. The British Government considered a diplomatic exchange of letters between Rush and Bagot sufficient to make the agreement effective.

   [...]

   4Although the agreements did not completely settle border disputes and trade arrangements, the Rush-Bagot agreement and the Convention of 1818 marked an important turning point in Anglo-American and American-Canadian relations.

5. Closure5-10 minutes

   Exit ticket: On an index card, finish three sentences about any one of today's four documents: "It began because ___." "It was meant to ___." "One result was ___, which its makers did / did not intend." Collect the cards and sort them by document; read two strong ones aloud next class.

   Teacher notes on the sources and their language: All passages are quoted exactly, with their original spelling and capital letters ("burthen," "Majestys"). Source 4, Article 7 uses the word "Negroes," the usual word in 1783; it refers to enslaved people, whom the treaty treats as property. Make that plain to students: the clause asked the British not to carry away people that Americans held in slavery. British commanders did evacuate several thousand Black Loyalists who had joined them, many of whom had escaped slavery. Source 1 is quoted from Thorpe's 1909 printing; the preamble's long complaint against New York is left out. Source 6 says the Senate approved the Rush-Bagot Agreement on April 28, 1818; the State Department's own treaty edition gives April 16, 1818 for the Senate's approval and April 28 for President Monroe's proclamation. The agreement is still in force, with later changes that the two countries agreed to.

   Neutral framing: The quiz and homework ask what the sources show, not whether a document was good or bad. Where students judge impact, score the evidence they give, not the side they take.

Differentiation Strategies

Assessment Guidance

1. Question 1 of 20 · Multiple Choice

   In Article 1 of Source 4, the King "acknowledges" the states to be independent and says "that he treats with them as such." What does "treats with them" mean here?

   AIs kind and polite to them as old friends BPays them back for their war losses CNegotiates with them as equal states DRules over them as his own colonies

2. Question 2 of 20 · Multiple Choice

   Which words in Source 4 best show the treaty's origin in a war?

   A"all Hostilities both by Sea and Land shall from henceforth cease" B"Creditors on either Side shall meet with no lawful Impediment" C"shall forever remain free and open to the Subjects of Great Britain" D"New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations"

3. Question 3 of 20 · Multiple Choice

   What was the purpose of Article 4 in Source 4?

   ATo cancel every debt owed between people of the two countries BTo make Congress pay the debts of the thirteen states CTo let creditors on both sides collect real prewar debts DTo fix the price of goods sold between the two countries

4. Question 4 of 20 · Multiple Choice

   According to Article 8 of Source 4, who may travel and ship goods on the Mississippi?

   AOnly citizens of the United States BOnly British subjects living in Canada CBritish subjects and American citizens DAny ship that pays a fee to Congress

5. Question 5 of 20 · Short Answer

   Article 7 of Source 4 promised that Britain would "withdraw all his Armies, Garrisons & Fleets" from "every Post" in the United States. Use the "What happened next" note in Independent Practice. What happened, and what does it show about the difference between a treaty's purpose and its impact?

   Show model answer

6. Question 6 of 20 · Multiple Choice

   Under Source 5, how many armed vessels could Great Britain keep on all the lakes named, counted together?

   A3 B4 C8 D1

7. Question 7 of 20 · Multiple Choice

   Under Source 5, what limit was set on each armed vessel?

   ANo more than 100 tons, armed with one 18-pound cannon BNo more than 18 tons, armed with as many as 100 cannon CAny size, as long as it carries no cannon DNo more than 100 sailors on board

8. Question 8 of 20 · Multiple Choice

   According to Source 5, paragraph 6, how could either country end the agreement?

   ABy asking the U.S. Senate to vote the agreement down BBy building one new warship on any of the Great Lakes CBy giving notice; it would stop binding after six months DBy asking the King of Great Britain to cancel it in writing

9. Question 9 of 20 · Multiple Choice

   Source 6, paragraph 1 helps explain the origins of the agreement. What had happened just before it?

   ABoth sides had built war fleets, and a shipbuilding race followed BCanada had become an independent country and asked for a treaty CThe Great Lakes had frozen over and the navies could not sail DThe Treaty of Ghent had ordered both sides to remove their ships

10. Question 10 of 20 · Multiple Choice

    In Source 5, paragraph 7, what did the Prince Regent order British officers on the Lakes to do?

    ARemove every armed ship from all of the Lakes within six months BKeep their vessels from interfering with the other side's vessels CSail any captured American vessels back to American ports DReport every American ship they see to the government in London

11. Question 11 of 20 · Short Answer

    The last paragraph of Source 6 calls the agreements of 1817 and 1818 "an important turning point." Explain what impact the Rush-Bagot Agreement had, and name one thing the source says the agreements did not do.

    Show model answer

12. Question 12 of 20 · Multiple Choice

    According to Source 6, paragraph 2, why were British leaders more willing to limit their ships on the Lakes?

    AThey had won control of every one of the Lakes in the war BThey valued U.S. trade and saw Canada as costly to defend CThey planned to leave North America within six months DThey wanted the U.S. Senate to approve a full treaty first

13. Question 13 of 20 · Multiple Choice

    According to Chapter II, Section VI of Source 1, who could have "all the privileges of a freeman"?

    AAny man of any age who owned farmland in Vermont BAny adult man or woman who had been born in the state of Vermont CA man of 21 who had lived there a year and took the oath DOnly men who had already served in the Vermont militia

14. Question 14 of 20 · Multiple Choice

    Source 2, paragraph 3 (section 5) says the land "shall revert to the government" if the settler leaves it for more than six months. What was the purpose of this rule?

    ATo make sure the land went to people who would really live on it BTo raise money for the government by charging every settler rent CTo let speculators buy land that settlers had left DTo give the land to the settler's neighbors

15. Question 15 of 20 · Multiple Choice

    According to Source 2, how long did a settler have to wait after entering a claim before a patent (the paper giving ownership) could be issued?

    ASix months BOne year CFive years DTwenty-one years

16. Question 16 of 20 · Multiple Choice

    Source 3, paragraph 3 says the act "proved to be no panacea for poverty" (a panacea is a cure for every problem). Which reason does the source give?

    AMany workers could not pay for tools, seed and animals BThe free land was too far away from any railroad line CCongress repealed the whole act the next year, in 1863 DSettlers had to pay $1.25 per acre in every case

17. Question 17 of 20 · Short Answer

    Compare the purposes of Source 1 and Source 2. What kind of problem does a constitution try to solve, and what kind of problem does a law try to solve? Use one quotation from each.

    Show model answer

18. Question 18 of 20 · Short Answer

    Source 2 says a settler must never have "borne arms against the United States Government or given aid and comfort to its enemies." What does this rule tell you about when and why the law was written?

    Show model answer

19. Question 19 of 20 · Short Answer

    Two of today's documents were made at the end of a war: the Treaty of Paris (1783) and the Rush-Bagot Agreement (1817). For each, name the war and say what problem the document tried to prevent from happening again.

    Show model answer

20. Question 20 of 20 · Short Answer

    Choose one of today's four documents. Was its impact what its makers intended? Give one result that matched a purpose and one that did not, with evidence from the sources.

    Show model answer

These standards connect to D2.Civ.3.6-8: prerequisites to review first, parallel standards at the same level, and next steps that build on it.

Standard text: National Council for the Social Studies (NCSS), The College, Career, and Civic Life (C3) Framework for Social Studies State Standards: Guidance for Enhancing the Rigor of K-12 Civics, Economics, Geography, and History (Silver Spring, MD: NCSS, 2013). NCSS was not involved in the production of this lesson and does not endorse it.