Indigenous Religions and Their Sacred Reverence Toward Nature

Indigenous Religions and their Sacred Reverence Toward Nature Kimberly Kitterman Barstow Community College Abstract Many indigenous religions and cultures viewed the earth with great respect and reverence. This can be seen through their kinship with the land, their belief in animism, their hunter/hunted relationship, and their origin stories. Indigenous Religions and their Sacred Reverence Toward Nature Most indigenous cultures had a profound respect for their environment.They believed that their relationship with nature was very sacred, they believed the earth needed to be treated with dignity and reverence, they believed in harmony with their surroundings. Speaking of indigenous religions, Lewis (1995) wrote, They defined themselves by the land, by the sacred places that bounded and shaped their world. They recognized a unity in their physical and spiritual universes, the union of natural and supernatural. Their origin cycles, oral traditions, and cosmologies connected them with al l animate and inanimate beings, past and present. p. 423) Molly wrote, â€Å"Environmentalist David Suzuki argues that we must look to native peoples and religions for insightful lessons in the relationship between human beings and nature. † (2005, p. 39) Native religions had a much different view of the world than we had today, and that view can be seen in the way they lived, their religious ceremonies, and even in the things they take from nature. We should begin our discussion of indigenous religions by defining what one is.The term indigenous refers to a culture that originated in a certain area. Indigenous can be used interchangeably with words such as native, oral, primal, tribal, traditional, and aboriginal. These cultures can be found anywhere in the world, in every climate and every type of environment. Different from global religions like Christianity and Islam, each of these religions were formed in isolation from everything else, causing huge variations in languag e, beliefs, customs, traditions, myths, and origin stories. (Molly, 2005)In his book Experiencing the World's Religions, Michael Molloy wrote, â€Å"Most indigenous religions have sprung from tribal cultures of small numbers, whose survival has required a cautious and respectful relationship with nature. In the worldview of these religions, human beings are very much a part of nature. † (2005, p. 41) Many of these cultures view nature as a living breathing entity, and something that deserves respect and love. Many feel a kinship with nature, believing that we came from the environment and will someday return to the environment.Some even believe the animals to be their brothers and sisters – that each living thing was created of the same substance and came from the same earth. The Mayan text Popol Vuh, Taylor (2005) wrote, tells of an origin story of an previous group: An origin myth in which an earlier race of humans were destroyed for the disregard they showed animals and inanimate objects cautions people to respect the natural world, while humans' relationship of dependence on a Creator who is embodied in the unity of sky and Earth reinforces the sacredness of the world. (p. 34) This quote shows just how seriously the native cultures treated nature. Their respect was so great, that cautionary tales of what can happen if you don't have that respect even became a part of their origin stories. A notable belief that is common among many tribal cultures is the belief of â€Å"animism. † Molloy defined animism as coming from the Latin word anima meaning â€Å"life force† or â€Å"spirit. † He continued that animism is a worldview common among indigenous religions that believes all of nature has a spirit, or is filled with spirits (2005, p. 41).Forbes wrote that animism can also be known as â€Å"life-ism,† and â€Å"it is true that most or perhaps all Native Americans see the entire universe as being alive – that i s, as having movement and an ability to act. † (2001, p. 284) This belief of animism is a major contributing factor in indigenous religions sacred relationship with nature. Molly related an experience with four Oglala Sioux shamans: â€Å"When asked about what was wakan (â€Å"holy,† â€Å"mysterious†), said, ‘Every object in the world has a spirit and that spirit is wakan. Thus the spirit[s] of the tree or things of that kind, while not like the spirit of man, are also wakan. † (2005, p. 41) Believing that each tree has a spirit, each animal is a brother or sister, each rock and hill has a life force would alter your perception of the world. Your feelings toward those things might be changed a bit, knowing that they have as much life in them as you do. Black Elk, a Native American, said, † We should understand well that all things are the works of the Great Spirit. We should know that He is within all things: the trees, the grasses, the rivers , the mountains, and all the four-legged animals, and the winged peoples. (Goffman, 2005) Whether a tribal culture believed in a Great Spirit, or Mother Earth, or felt that a certain tree held a powerful spirit, many of the native religions worshiped the earth and held it in a highly sacred regard. â€Å"To say that nature is full of spirits can be a way of affirming the presence of both a universal life force and an essential, underlying sacredness. † (Molly, 2005, p. 41) Molloy continues: In a world that is animated by spirits, human beings must treat all things with care. If a spirit is injured or insulted, it can retaliate.Human beings must therefore show that they respect nature, especially the animals and plants that they kill to eat. Human beings must understand the existence and ways of the spirit world so that they can avoid harm and incur blessings. (p. 42) The native cultures constantly walked a fine line of balance. Everything was done with care and consideration for their environment and the spirits that lived in the earth all around them. Upsetting that balance could cause great harm to them and their people, but maintaining the balance and pleasing the spirits could bring blessings to the people.We can also see this respect even in the things the tribal cultures would take from the earth. Lewis (1995) related: Indians managed this world's bounty and diversity based on years of accumulated wisdom–the trial and error of previous generations. They acknowledged the earth's power and the reciprocal obligation between hunter and hunted. They acted to appease spirits who endowed the world. Native peoples celebrated the earth's annual rebirth and offered thanks for her first fruits.They ritually prepared the animals they killed, the agricultural fields they tended, and the vegetal and mineral materials they processed. (p. 423) Indigenous cultures sacred relationship with nature led to a contract of sorts with the earth. Most cultures would take only what they needed, and nothing else. They would also be certain to use every part of whatever was taken. If an animal was killed for food, they would eat everything edible, they would clean and tan the hide to use for clothing or shelter, they would find use for the bones in ceremonies or as weapons – nothing went to waste.This attitude of â€Å"waste not, want not† was to show respect to the earth for providing the people with the things that they needed to live. Goffman (2005) wrote, â€Å"For Native Americans, the relationship between hunter and prey was not just a processing of material resources; many native hunters apologized to the animals they killed. After killing a bear, one chief, Wawatam, conducted a ceremony wherein he lamented the necessity of killing a ‘friend'. † The culture took very seriously this responsibility to maintain balance and show respect to mother nature.Molloy told of the native Hawaiian's practice that, â€Å"fishi ng in certain areas would be temporarily forbidden (kapu, or taboo) in order to allow the fish population to be replenished. † (2005, p. 42) Tribal people lived so much at one with the land that they knew it inside and out. They knew the patterns of the animals that lived on the land, and they knew what they could take without depleting the population, and when they needed to find sustenance from other sources to allow the earth to replenish itself.Taylor (2005) explained the practice of the Itza' Maya in the lowland Peten forest of Guatemala: The Itza' Maya, who have lived in the Peten for centuries, plant more crops and tree species than do neighboring Q'eqchi' Maya (who moved to the forest from the highlands) or non indigenous Ladinos. Itza' also farm in ways that are less harmful to the soil and more productive, and show a more sophisticated understanding of forest ecology than do the other groups.One factor in Itza' agricultural and forestry practices is a belief that spi rits act as intermediaries for particular forest species, and these must be cared for and respected, while the intimate local knowledge of the Itza' – inextricably linked to their worldview and spiritual traditions – guides sustainable management and farming practices. (p. 835) The indigenous people that had lived in that area for centuries knew the land as well as someone might know a member of their family, showing the enormously sacred bond they had with their environment.Stories like this one of the Itza' Maya are more the rule than the exception – so many of the native cultures held the belief of a sacred earth that must be treated with respect, only taking what you need and nothing more. We can also observe the sacred nature of the relationship between nature and indigenous religion by reflecting on their various origin stories. Grim (1998) related this For the Dine/Navajo, the encounter with mystery is as evident as the wind which brought existence into b eing. One chanter described it this way:Wind existed first, as a person, and when the Earth began its existence Wind took care of it. We started existing where Darknesses, lying on one another, occurred. Here, the one that had lain on top became Dawn, whitening across. What used to be lying on one another back then, this is Wind. It was Darkness. That is why when Darkness settles over you at night it breezes beautifully. It is this, it is a person, they say. From there where it dawns, when it dawns beautifully becoming white-streaked through the Dawn, it usually breezes.Wind exists beautifully, they say. Back there in the underworlds, this was a person it seems. Here the beauty of primordial existence is remembered and felt in the experience of Wind. Taylor (2005) explained where the Maya believe they originated from: â€Å"For the Maya and other Meso American peoples, spiritual links to nature are clearly expressed in beliefs and traditions relating to maize. The first humans were made of corn, according to the Popol Vuh, and corn cultivation remains central to the lives or rural people throughout Mexico and Central America. † (p. 34) Molloy wrote of the people of the Acoma Pueblo, who believed that two sisters lived in the earth, and eventually climbed out of their home in the ground through a hole. They became the first human beings on earth, and one of the sisters became the mother of the Pueblo. (2005) Each story of how the world and the people came to be is vastly different. Some believe that the earth was created by a High God, some think that the world took shape from the mist, some say that this world rose out of previous earths. (Molloy, 2005) No matter what the origin myth, each culture believed that the earth was created for them.They could see the honor of being keepers of the earth and took the responsibility very seriously. So what can be learned from studying the relationship between the indigenous peoples and nature? From their origin s tories, to their kinship with the land, to their respectful hunting attitude, to their belief that everything around us has just as much of a spirit as we do, we can witness their sacred relationship with the earth. The native peoples believed the earth to be sacred – a thing that must be cared for and respected or it would retaliate.I believe that in the not so distant past, many humans have lost sight of the reverence with which we once looked at the environment, and that the earth has begun to retaliate. Though I may not believe that rocks have spirits, I do believe that the indigenous cultures were on to something with their respectful and sacred attitude toward nature. If we as a people can learn to adopt some of the same feelings toward the earth, the earth might give us back some of what has been lost to greed and destruction. References Forbes, J. D. (2001). Indigenous Americans: Spirituality and Ecos.Daedalus, 130(4), 283-300. Retrieved from http://search. proquest. com/docview/210569466? accountid=2163 Goffman, E. (2005) God, humanity, and nature: Comparative religious views of the environment. Retrieved from: http://www. csa. com/discoveryguides/envrel/review. php Grim, J. A. (1998). Indigenous traditions and ecology. Earth Ethics, 10 (1). Lewis, D. R. (1995). Native Americans and the environment: A survey of twentieth-century issues. American Indian Quarterly, 19(3), 423-423. Retrieved from http://search. proquest. com/docview/216849866? accountid=2163 Molloy, M.

Apush Textbook Notes

Shaping of North America – Pangea Split North America formed – â€Å"America’s Mountains† = Rockies, Sierra Nevada, Cascades, Coast Ranges Peopling the Americas – 35,000 years ago = Ice Age Glaciers that connected Eurasia with N. America (present day Bering Sea) Nomadic Asian hunters (immigrant ancestors of the Natives) Trekked across the Bering isthmus for 250 centuries Reached far tip of S. America (15,000 miles from Siberia) By the time Europeans arrived in 1492, 54 million people inhabited the two Am. Continents Incas in PeruMayans in Central America Aztecs in Mexico – Four Great Nations (Natives, before colonists) Aztecs Maya Inca Cahokia – Maize = Indian corn – Built elaborate cities and carried on far-flung commerce – Mathematicians (made accurate astronomical observations) – Aztecs Sought the favor of their gods by offering human sacrifices (over 5,000 people ritually slaughtered for crowning of ONE chiefta in) The Earliest Americans – Agriculture Corn growing Accounted for size and sophistication of Na. A. in Mexico and S. A. 000 BC, hunter-gatherers in highland Mexico developed wild grass into the staple crop of corn – Became staff of life and foundation of complex, large-scare, centralized Aztec and Incan nation-states that eventually emerged Process went slowly and unevenly Corn planting reached American Southwest by 1200 BC – Pueblo people (Rio Grande valley) constructed irrigation systems to water their cornfields.Dwelled in villages of multistory buildings. – No dense concentrations of population or complex nation states comparable to the Aztec empire existed in N. Am. outside of Mexico when the Europeans arrived. Mound Builders (Ohio River valley), Anasazi (Southwest) sustained large settlements after incorporating corn planting. – Cultivation of MAIZE, BEANS, SQUASH – â€Å"Three-Sister† Farming: Beans growing on trellis of corn stalks and squash covering the planting mounds to retain moisture in the soil – Highest population densities: Creek, Choctaw, Cherokee – Natives in N. Am. lived in small, scattered, impermanent settlements – Women tended to crops, Men hunted, fished, gathered fuel and cleared fields for planting – Iroquois Developed matrilinear cultures, power and possessions passed down the female side of the family line.Natives didn’t want to manipulate nature aggressively – Revered physical world and endowed nature with spiritual properties Indirect Discoverers of the New World – Norse seafarers from Scandinavia had chanced upon the northeastern shoulder of N. Am. AD 1000. – Landed near present day Newfoundland Lots of grapes – Named Vinland Forgotten except for in song Europeans Enter Africa – Marco Polo (Italian adventurer) returned to Europe 1295, telling tales about China – Portuguese Columbus Comes upon a New World – Oct 12, 1492 = Sighted island in Bahamas – Discovery convulsed four continents Europe AfricaTwo Americas – Global economic system When Worlds Collide – Columbus Exchange â€Å"Discovered† America Old New: Wheat, sugar, rice, coffee, horses, cows, pigs, smallpox, measles, bubonic plague, influenza, typhus, diphtheria, scarlet fever, slave labor New Old: Gold, silver, corn, potatoes, pineapples, tomatoes, tobacco, beans, vanilla, chocolate, syphilis New race Hispanic/Latino The Spanish Conquistadores – 1500s God, glory, GOLD. Encomienda Any Spaniard with a farm or a mine can force natives to work for them – 1512: New laws of Spain (to address the above about Encomienda) – Europe + Africa + AmericasElizabeth Energizes England Francis Crake was a sea dog of Queen Elizabeth Sir Walter Raleigh organized a trip in 1585 in North Carolina’s Roanoke Island to try to colonized it England on the Eve of Empire 27-28: enclosing [enc losure]; tenancy; joint-stock companies since only the eldest son of the family could inherit, the others wuld look for fortune somewhere else the men joined joint stock exchange companies where they pooled together their finances England Plants the Jamestown Seedling Virginia Company; ‘rights of Englishmen’Received charter form Kind James I for a settlement in the New World Mainly for gold and passage to the Indies Guaranteed to overseas settlers the same rights of English men Even if their not in the country This would be the start of resentment from colonists before the revolution because of lack of rights of Englishmen 1606 2 ships landed near Chesapeake Bay May 24, 1607 Jamestown was founded After many voyages to Jamestown Many of the colonists were unaccustomed to fending for themselves and also wasted time looking for gold John Smith; Powhatan John SmithYoung adventure took control of Jamestown in 1608 His rule was : â€Å"he who shall not work shall not ear In December1607 he was kidnapped by Powhatan and subjected to a mock execution Pocahontas saved him by putting her head on top of his Symbolism was to impress Smith with Powhatans power and Indians desire for peaceful relations with the colonist Pocahontas was a intermediary between the 2 side to preserve shaky peace and provide for foodstuff ‘starving time’=winter People would eat dogs, cats, mice, corpses, one man even murdered his wife and ate her Only 60 settlers survived 609-1610 Pocahontas married John Rolfe and ended the First Anglo-Powhatan War in 1614 The Second Anglo-Powhatan War in 1644 defeated the VirginiansVirginia: Child of Tobacco Economy ‘built on tobacco’ John Rolfe became the â€Å"father of tobacco† and saved the economy of Virginia 1612 he perfected the methods of raising and curing weeds The Virginians were so concentrated planting tobacco that they had to important some of their food It ruined the soil 1619 (year before pilgrims c ame on the Mayflower)a Dutch ship came and sold 20 Africans House of Burgesses epresentative self government born in Virginia in 1619 London Company authorized settlers to summon an assembly known as House of Burgesses Royal Colony (what went wrong? ) **1624, James I(detested tobacco and he distrusted the House of Burgesses) revoked charter of the bankrupt Virginia Company, making Virginia a royal colony under his control Maryland: Catholic Haven Lord Baltimore; Maryland 2nd plantation colony was founded in 1624 by Lord Baltimore who is of a prominent English Catholic family(4th colony to be planted) he created Maryland as refuge for his fellow CatholicsThe Catholics were rewarded with great manors and land Source(s) of tension between Catholics and Protestants? The Catholic were barons while the Protestants were planters There was resentment which then brewed into the rebellion near the end of the century Maryland prospered because of the tobacco In fear of being overwhelmed by the Catholics, they supported the Act of Toleration in 1649 Toleration of Christians Bad for Jews, atheists ‘freedom of worship’ (how tolerant? Limits? ) Dominion- Many colonies, forced upon them New England Confederation -4 colonies, joined willinglyColonzing the Carolinas Carolina was founded un 1670s Rice was main export North Carolina separated from South Carolin in 1712 Most independent minded and least aristocratic of the 13 Late Coming Georgia: The Buffer Colony last of the 13 Georgia was to serve as abuffer Protected the valuable Carolinas (sugar/rice) from Spaniards (FL) and French (LA) Name after George II Founded by high minded group of philanthropists Produced silk/wine Haven for sould imprisioned for depts. Plantation Colonies Note characteristics: Southern ColoniesMaryland, Virginia, North Carolina, South Carolina, and Georgia They were devoted to exporting commercial agricultural products Tobacco and rice Wide scattered plantations made building schools and churches expensive and difficult Most except for some in NC and GA perfered aristocratic atmospheres All permitted relisious toleration sometax supported Church of England Relied on indentured servants/slaves later on First slaves were not Africans, they were Native Americans Constructed on rivers, easily transported * â€Å"God hath sifted a nation that he might send Choice Grain into this Wilderness† — what does this mean?William Bradford pilgram leader2 Rhode Island is the most liberal of the 13 colonies Makers of America: The English (50-51) Compare demographics of N. and S: ie, indentured males vs. families North was extreme weather, steril soil South hotdiseases Crash crops tobacco, rice, cotton Puritans vs. Indians Review Metacom’s War 1675 Metacom (King Phillip by the English)was Massasoit’s son (chief when the pilgrams landed) forged an alliance and mounted a series of coordinated assaults on English billages throught New Engalnd 1676 the war end ed and 52 Puritan towns had been attacked 2 towns were destroyed entirely drastically reduced the number of colonoist Seeds of Colonial Unity and Independence New England Confederation (note the date) 1643, 4 New England colonies banded together to form the NE Confederation defense against foes or potentional foes Indians, Dutch, French Runaway servants also were the Confederation’s problem Each member only had 2 votes Exclusive Puritan club Why does Charles II provide charters to Rhode Island and Connecticut? What does this say about the relationship between the colonies (esp. Massachusetts) and England in the 17th century?Connecticut 1662 a sea to sea charter grant which legalized the squatter settlements 1663 Rhode Island received charter which gave kingly sanction to the most religious toleraent government to try and get more colonies of the King’s side Andros Promotes the First American Revolution Dominion of New England 1686 How is it different from New England C onfederation? It was imposed from London Embraced all New Engalnd and then included NY and East and West Jersey Aimed at bolstering colonial defence in the event war with the Indians What is its relationship to the Navigation Acts?Designed to promot urgently needed efficiency in the administration of the English Navigation Laws Laws reflected the intensifying colonial rivalries of the 17th centery Sought to stitch Engalnd’s overseas possessions more tightly to the motherland by throttling American trade with countries not ruled by England Caused lots of smuggling Why does the Dominion break up? Head of he Dominion was Sir Edmund Andros Military background Harsh, strict He generated much hostility by his open affiliation with the despised Church of England Colonist were outraged by noisy and Sabbath profaning soldiers He stopped town meetingRestrictions of church, school, press†¦ Taxed people without consent Enforced unpopular Navigation Laws, suppress smuggling 688-1689 colonists engineered the memorable Glourious (Bloddless) Revolution broke up because of the Glourious War in England Dethrouned Chaotlic James II and enthroned Protestean rulars of Netherlands William III and Mary Found him because he dressed as a human How does turning Massachusetts into a Royal Colony affect Puritan control of politics? Why do William and Mary of England do this? Turned into royal colony in 1691New charter and governer *****What is Salutary Neglect, why does it begin, and what were its limits? New monarchs relaxed their grip on colonial trade Period of salutary neglect Hands off approach Sort of taxation, didn’t really enforce it Friction with English and Swedish Neighbors & Dutch Residues in New York *Peter Stuyvesant Expedition in 1655 led Lost his leg soldiering in the West Indies Charles II and the founding of New York 1664 Charles II granted the area to his Brother Duke of York New Amsterdam rename New York Dutch legacyDutch peppered place names all ov er including Harlem, Brookyn, Hell Gate, Easter eggs, Santa, waffles, bowling, sleighing, skating, and Kolf (golf) Penn’s Holy Experiment in Pennsylvania; Quaker Pennsylvania and Its Neighbors Quakers Arose in England during mid 1600s Offensive to authorities, civil and religious No clergy Deep conviction, abhorred strife and warfare Refused military service Advocates of passive resistance Pacifist (some of the 1st abolitionists) William Penn 1681 he secured a grant of fertile land from the kingPennsylvania (Penn’s Woodland) Best advertised of all colonies Unlike others Penn’s inducements were truthful Liberal land policy William Penn & Pennsylvania Launched his own colony in 1681 Philadelphia (brotherly love in Greek) Penn bought land from the Indians including Chrief Tammany He was so fair that the Quakers were among them unarmed and even used them as babysitters Philadelphia Quakers and Indians; Quaker tolerance (others; religions; slavery) and the Scots Iris h Very civil Other non Quaker and non Europeans moved in andWas unusually liberal and had a representative assembly elected by land owners No tax supported state church Death penetly only for treason and murder Forced by king to deny Jews and Catholics boting rights Attarted rich mix of ethic groups Quakers were shwerd businessmen By 1700 Penn surpassed BA and MA’s population and wealth New Jersey started in 1664 The Middle Ways in the Middle Colonies Name the â€Å"middle colonies: NY, NJ DE, PN ‘bread colonies’ [bread-basket of the British colonies in America] PN NY NJ Heavy wheat economy (now it’s Midwest , Nebraska, Iowa†¦.Make the comparison: â€Å"Middle Colonies† in more than just name: land holding politics, industry Midway between New England and the southern Generally intermediate in size (except NY) Fewer industries than north no plantation like the south Religious tolerance Good economy â€Å"Most American† – explain: All rounded Made it too the big city on his own Very successful Ethnically mixed Different religions Most democratic – Europeans and Africans adapted to the New World, Natives adapted to newcomers – Rigid doctrines of Puritanism softened – All colonies remained tied to England Regional differences – Increasing importance of slave labor to southern way of life The Unhealthy Chesapeake – Nasty, brutish, shot life for ChesapeakeMalaria, dysentery and typhoid took lots of lives – Majority of immigrants were single men in their late teens and early twenties (most perished soon after arrival) – Weak family ties – Chesapeake eventually acquired immunity – More women, more families – End of 17th century, white population of Chesapeake grew based on birthrate The Tobacco Economy – Chesapeake immensely hospitable to tobacco cultivation Intense cultivation exhausted soil – This enormous production depressed pr ices, but colonial Chesapeake tobacco growers responded to falling prices in the familiar way of farmers: by planting still more acres to tobacco and bringing still more product to marketMore tobacco = More labor – Indians died too quickly – African slaves cost too much – England had may displaced farmers – â€Å"Indentured servants† – Virginia and Maryland â€Å"Headright† System = Encourage importation of servant workers – Masters reaped benefits of landownership – Investments in servants into vast holdings in real estate â€Å"White slaves† represented more than ? of all European immigrants to Virginia and Maryland in the 17th century – Indentured servants Hard but hopeful life. Freedom dues. Frustrated Freemen and Bacon’s Rebellion – Broken hopes of acquiring land – Hard to find single woman to marry – â€Å"having little interest in the country† and causing ‘tum ults at the election to the disturbance of his majesty’s peace† – William Berkeley (Virginian governor) – About 1,000 Virginians broke out of control in 1676 – Revolt led by Nathaniel Bacon (planter) *Rebels mainly frontiersmen – Fiercely resented Berkeley’s friendly policies toward Indians (whose thriving furtrade the governor monopolized * – Fell murderously upon Indians, friendly and hostile alike, chased Berkeley from Jamestown, and put the torch to the capital * – Berkeley hung over 20 rebels * – Distant English King could scarcely imagine depths of passion and fear that Bacon’s Rebellion excited in Virginia Ignited smoldering unhappiness of landless former servants Pitted frontiersmen against haughty gentry – Less troublesome laborers to toil in the restless tobacco kingdom – Eyes it on Africa. Colonial Slavery – 10 million Africans – 400,000 of them ended up in N. Am. †“ Africans brought to Jamestown 1619, but as late as 1670s, numbered only 2,000 in Virginia – 1680s – Rising wages in England shrank pool of penniless folk – By mid-1680s, black slaves outnumbered white servants among the plantation colonies new arrivals – 1698, Royal African Company lost monopoly on carrying slaves to colonies – Rhode Islanders rushed to cash in on lucrative slave trade – Blacks accounted for nearly half the population of Virginia by 1750 S.C. , outnumbered whites two to one – Death rates on ship as high as 20% – Few of earliest African immigrants gained freedom (some became slaveowners) – White colonist reacted remorselessly to racial threat – RACE – 1662, statues appeared that formally decreed the iron conditions of slavery for blacks – â€Å"Slave Codes† made blacks and their children the property (or â€Å"chattels†) for life of their white masters – Not e ven conversion to Christianity could qualify a slave for freedom – Slavery begun because of economic reasons Racial discrimination powerfully molded American slave system Africans in America – South, slave life especially severe – Climate hostile to health – Only fresh imports could sustain the slave population under conditions – Slave population rose – Few slave societies in history to perpetuate itself by natural reproduction (Chesapeake) – Native-born African-Americans contributed to growth of a stable and distinctive slave culture – Af. Ams. = Mixture of African and American elements of speech, religion and folkways – S.C. , unique language Gullah Blended with English and several African languages – Ringshout, West African religious dance performed by shuffling in a circle while answering a preacher’s shouts, was brought to colonial America, and contributed to development of jazz – Banjo and bong o drum also part of African contributions – Slave revolt erupted in NYC in 1712 that cost the lives of dozens of whites and caused execution of 21 blacks (burned at stake) – S. C. lacks along Stono River exploded in revolt in 1739 and tried to march to Spanish Florida (stopped by local militia) – No slave uprising in American history matched Bacon’s Rebellion Southern Society – As slavery spread, gaps in South’s social structure widened – Rough equality defined hierarchy of wealth and status in early 18th century – Owning gangs of slaves and vast domains of land, planters ruled region’s economy and monopolized political powerHouse of Burgesses Before Revolutionary War, 70% of leaders of Virginia legislature came from families established in VA before 1690 – the famed â€Å"first families of Virginia† or â€Å"FFVs† – Merchant planters Not gentlemanly Cultivated arts and accumulated distinguish ed libraries Businessmen (labored long hours) – One governor allowed servants to get drunk the next day if they would only lay off the liquor long enough to look after his guests at a celebration or the queen’s birthday in 1711 – Small farmers – Largest social group – Landless whites – Luckless former indentured servants – Indentured servants – Black slaves = basement of society Few cities sprouted in colonial South (professional class slow to emerge and revolved around great plantations) – Waterways provided principal means of transport – Roads hard to travel by The New England Family -New England settlers have good lives: 10 additional years of life expectancy, clean air and water, cool temperature. -New Englanders migrated as families. -Women wedded early (around 20) and had babies every 2 years until menopause. -Because women we’re dying from giving birth, many women began to fear pregnancy. -Children r eceived guidance from their parents and their grandparents.Strong family relationships. -Southern men frequently died young and left wives as widows. The southern colonies later allowed married women to retain separate title to their property. They were also given the right to inherit their husband’s estate. -New England lawmakers worried that recognizing women’s separate property rights would undercut the unity of married people. So, women gave up their property rights when married. -Women couldn’t vote, morally weaker than men. -New England authorities begin to restrain abusive spouses. -Divorce was rare and authorities encouraged couples to get back together.Life in the New England Towns -Puritans- concerned about whole community. -After proprietors received grants of land, they moved with their families and started a town. -Consisted of meeting house, houses, village green. -Each family received several parcels of land, a woodlot for fuel, and 2 tracts (for growing and pasturing) -A majority of adults knew how to read and write. -1636- Harvard is established/ -Regular town meetings. The Half-Way Covenant and the Salem Witch Trials -New form of sermon â€Å"jeremiad† -Individuals testify that they had received God’s grace and therefore deserved to be admitted to the church. 1662 Half-Way Covenant- the agreement between the church and its adherents to admit to baptism.Weakened the distinction between the â€Å"elect† and the others. -Puritans begin to accept anyone into their faith. -Teenage girls claimed to be bewitched by older women. This began the â€Å"witch hunt† -1692-lynching of 21 individuals and 2 dogs -Most accused witches came from families associated with Salem’s market economy -ended in 1693 when the governor (wife accused of witch-craft) prohibited any further trials and pardoned those convicted. The New England Way of Life -Weather was bad in New England. Soil and climate produced a dive rsified agriculture and industry. -Indians are well off.Recognized the right to use the land, but individual ownership was alien to them. -English brought pigs, horses, sheep, and cattle from Europe. -Colonists continually clearing forests. -New Englanders scattered. The Early Settlers’ Days and Ways -The majority of colonists were farmers. -Women on southern plantations and farms wove, cooked, cleaned, and cared for children. Men cleared land; fenced, planted and cropped; cut firewood; and butchered livestock. -Land was cheap. The Spanish were at Santa Fe in  1610. The French were at Quebec in  1608.The English were at Jamestown, Virginia in  1607. England's Imperial Stirrings King Henry VIII  broke with the Roman Catholic Church in the  1530s, launching the  English Protestant Reformation, and intensifying the rivalry with Catholic Spain. Elizabeth Energizes England In  1580,  Francis Drake  circumnavigated the globe, plundering and returning with his ship loaded with Spanish booty. He had a profit of about 4,600%. When the English fleet defeated the Spanish Armada, Spain's empirical dreams and fighting spirit had been weakened – helping to ensure the English's naval dominance over the North Atlantic.England on the Eve of an Empire Because an economic  depression  hit  England  in the later part of the 1500s and many people were left without homes, the stage was set for the establishment of an English beachhead in North America. England Plants the Jamestown Seedling In  1606, a joint-stock company, known as the  Virginia Company of London,  received a charter from  King James I of England  for a settlement in the New World. The company landed in Jamestown on  May 24, 1607. In  1608,  Captain John Smith  took over the town and forced the settlers into line.By  1609, of the 400 settlers who came to Virginia, only 60 survived the â€Å"starving winter† of 1609-1610. Cultural Clash in the Chesape ake Lord De La Warr  reached Jamestown in  1610  with supplies and military. He started the  First Anglo-Powhatan War. The Indians were again defeated in the  Second Anglo-Powhatan War  in  1644. By  1685, the English considered the Powhatan people to be extinct. Virginia: Child of Tobacco John Rolfe  married  Pocahontas  in  1614,  ending  the First Anglo-Powhatan War. In  1619, self-government was made in Virginia. The London Company authorized the settlers to summon an assembly, known as the  House of Burgesses.King James I didn't trust the House of Burgesses and so in  1624, he made Virginia a colony of England, directly under his control. Maryland: Catholic Haven Maryland  was formed in  1634  by  Lord Baltimore. Maryland was made for a refuge for the Catholics to escape the wrath of the Protestant English government. The  Act of Toleration, which was passed in  1649  by the local representative group in Maryland, granted tolerati on to all Christians. The West Indies: Way Station to mainland America By the mid-17th Century, England had secured its claim to several West Indian Islands. Sugar  was, by far, the major crop on the Indian Islands.To support the massive sugar crops, millions of African slaves were imported. By 1700, the number of black slaves to white settlers in the English West Indies by nearly 4 to 1. In order to control the large number of slaves, theBarbados Slave Code of 1661  denied  even the most fundamental rights to slaves. Colonizing the Carolinas Civil war plagued England in the 1640s. In  1707, the Savannah Indians decided to end their alliance with the Carolinians and migrate to the back country of Maryland and Pennsylvania, where a new colony founded by Quakers under  William Penn  promised better relations.Almost all of the Indians were killed in raids before they could depart – in  1710. Rice  became the primary export of the Carolinas. The Thirteen Original Colonies Name| Founded By| Year| Virginia| London Co. | 1607| New Hampshire| John Mason and Others| 1623| MassachusettsPlymouthMaine| PuritansSeparatistsF. Gorges| 162816201623| Maryland| Lord Baltimore| 1634| ConnecticutNew Haven| Mass. EmigrantsMass. Emigrants| 16351638| Rhode Island| R. Williams| 1636| Delaware| Swedes| 1638| N. Carolina| Virginians| 1653| New York| Duke of York| 1664| New Jersey| Berkeley and Carteret| 1664|Carolina| Eight Nobles| 1670| Pennsylvania| William Penn| 1681| Georgia| Oglethorpe and others| 1733| * France Finds a Foothold in Canada In  1598, the  Edict of Nantes  was issued by the crown of France. It granted limited religious freedom to French Protestants, and stopped religious wars between the Protestants and Catholics. In  1608, France established  Quebec. (Catholic)   The leading figure was  Samuel de Champlain,  an intrepid soldier and explorer whose energy and leadership earned him the title â€Å"Father of New France†. The government of New France (Canada) was under direct control of the king.The people did not elect any representative assemblies. New France Sets Out New France contained one valuable resource –  beaver. French Catholic missionaries, notably the  Jesuits, labored with much enthusiasm to convert the Indians to Christianity and to save them from the fur trappers. Antoine Cadillac- founded Detroit in  1701  to thwart English settlers pushing into the Ohio Valley. Robert de La Salle- explored the Mississippi and Gulf basin, naming it Louisiana. In order to block the Spanish on the Gulf of Mexico, the French planted several fortified posts in Mississippi and Louisiana.The French founded  New Orleans  in  1718. Illinois became France's garden empire of North America because much grain was produced there. The Clash of Empires The earliest battles among European power for control of North America, known to British colonists as  King William's War (1689-1697)  and  Q ueen Anne's War (1702-1713). Most of the battles were between the British colonists, the French, and the French ally Spain. The wars ended in  1713  with peace terms signed at  Utrecht. France and Spain were terribly beaten and Britain received French-populated Acadia and Newfoundland and the Hudson Bay.The British also won limited trading rights in Spanish America. The War of Jenkins's Ear started in  1739  between the British and Spaniards. This small battle became a war and became known as  King Georges's War in America. It ended in  1748  with a treaty that handed Louisbourg back to France, enraging the victorious New Englanders. George Washington Inaugurates War with France In  1754, George Washington was sent to Ohio Country to secure the land of the Virginians who had secured legal rights to 500,000 acres. His 150 Virginia militia killed the French leader, causing French reinforcements to come.The Virginians were forced to surrender on  July 4, 1754. In  1755, the British uprooted the French Acadians fearing a stab in the back, and scattered them as far as Louisiana. Global War and Colonial Disunity The  French and Indian War (Seven Years' War)  started in  1754. It was fought in America, Europe, the West Indies, the Philippines, Africa, and on the ocean. In Europe, the principal adversaries were Britain and Prussia on one side and France, Spain, Austria, and Russia on the other. The French wasted so many troops in Europe that they were unable to put enough forces into America.The  Albany Congress  met in  1754. Only 7 of 13 colony delegates showed up. It attempted to unite all of the colonies but the plan was hated by individual colonists and the London regime. Braddock's Blundering and Its Aftermath General Braddock  set out in  1755  with 2,000 men to capture  Fort Duquesne. His force was slaughtered by the much smaller French and Indian army. (Braddock's Blunder)   Due to this loss of troops, the whole fro ntier from Pennsylvania to North Carolina was left open to attack. George Washington, with only 300 men, tried to defend the area.In  1756, the British launched a  full-scale invasion of Canada. Pitt's Palms of Victory In  1757,  William Pitt  became the foremost leader in the London government. He was known as the â€Å"Great Commoner. †Ã‚   He attacked and captured  Louisbourg  in  1758. To lead the attack in the  Battle of Quebec  in  1759, Pitt chose  James Wolfe. The two opposing armies faced each other on the  Plains of Abraham, the British under Wolfe and the French under  Marquis de Montcalm. Montreal fell in  1760. The  Treaty of Paris (1763)  ended the battle and threw the French power off the continent of North America.Restless Colonists Intercolonial disunity  had been caused by enormous distances; geographical barriers; conflicting religions, from Catholics to Quakers; varied nationalities, from German to Irish; differing types of colonial governments; many boundary disputes; and the resentment of the crude back-country settlers against the aristocrats. Americans: A People of Destiny In  1763,  Ottawa chief,  Pontiac,  led several tribes, aided by a handful of French traders who remained in the region, in a violent campaign to drive the British out of the Ohio country.His warriors captured Detroit in the spring of that year and overran all but 3 British outposts west of the Appalachians. The British countered these attacks and eventually defeated the Indians. London government issued the  Proclamation of 1763. It prohibited settlement in the area beyond the Appalachians. (The Appalachian land was acquired after the British beat the Indians). It was made to prevent another bloody eruption between the settlers and Indians. Many colonists disregarded it. * The Deep Roots of Revolution Two ideas in particular had taken root in the minds of the American colonists by the mid 18th  century:   1.Rep ublicanism- a just society in which all citizens willingly subordinated their private, selfish interests to the common good. Both the stability of society and the authority of government thus depended on the virtue of the citizenry-its capacity for selflessness, self-sufficiency, and courage. 2. â€Å"Radical Whigs†, a group of British political commentators, made attacks on the use of patronage and bribes by the king's ministers. They warned citizens to be on guard for possible corruption. Mercantilism and Colonial Grievances Georgia was the only colony to be formed by Britain.The  Navigation Law of 1650  stated that all goods flowing to and from the colonies could only be transported in British vessels. It was aimed to hurt rival Dutch shippers. The Stamp Tax Uproar Due to the French and Indian War, Britain had a very large debt. In  1763,  Prime Minister George Grenville  ordered the British navy to begin strictly enforcing the  Navigation Laws. He also secured from Parliament the  Sugar Act of 1764, the first law ever passed by Parliament to raise tax revenue in the colonies for England. The Sugar Act increased the duty on foreign sugar imported from the West Indies.The  Quartering Act of 1765  required certain colonies to provide food and quarters for British troops. In  1765, George Grenville imposed a stamp tax on the colonies to raise revenues to support the new military force. This stamp tax, known as the  Stamp Act, mandated the use of stamped paper or the affixing of stamps, certifying payment of tax. Parliament Forced to Repeal the Stamp Act The  Stamp Act Congress of 1765  brought together in New York City 27 distinguished delegates from 9 colonies. The members drew up a statement of their rights and grievances and requested the king and Parliament to repeal the hated legislation.The meeting's ripples began to erode sectional suspicions (suspicions between the colonies), for it had brought together around the same table leaders from the different and rival colonies. It was one step towardsintercolonial unity. Nonimportation agreements  (agreements made to not import British goods)  were a stride toward unionism. The  Sons of Liberty  and  Daughters of Liberty  took the law into their own hands by enforcing the nonimportation agreements. The Stamp Act was repealed by Parliament in  1766. Parliament passed the  Declaratory Act, reaffirming its right to bind the colonies in all cases whatsoever.The Townshend Tea Tax and the Boston Massacre In  1767, Parliament passed the  Townshend Acts. They put a light import tax on glass, white lead, paper, paint, and tea. British officials, faced with a breakdown of law and order, landed 2 regiments of troops in the colonies in  1768. On  March 5, 1770, a crowd of 60 townspeople attacked 10 redcoats and the redcoats opened fired on the civilians, killing/wounding 11 of them. The massacre was known as the  Boston Massacre. The Sediti ous Committees of Correspondence Lord North was forced to persuade Parliament to repeal the Townshend revenue duties.Samuel Adams- master propagandist and engineer of rebellion; formed the first local committee of correspondence in Massachusetts in  1772  (Sons of Liberty). Committees of Correspondance were created by the American colonies in order to maintain communication with one another. They were organized in the decade before the Revolution when communication between the colonies became essential. In March of  1773, the Virginia  House of Burgesses, the lower house of the Colony of Virginia, proposed that each colonial legislature appoint a standing committee for intercolonial correspondance.Within just a year, nearly all of the colonies had joined. Tea Parties at Boston and Elsewhere In  1773,  the  British East India Company  was overstocked with 17 million pounds of unsold tea. If the company collapsed, the London government would lose much money. Therefore, the London government gave the company a full monopoly of the tea sell in America. Fearing that it was trick to pay more taxes on tea, the Americans rejected the tea. When the ships arrived in the Boston harbor, the governor of Massachusetts,  Thomas Hutchinson, forced the citizens to allow the ships to unload their tea.On  December 16, 1773, a band of Bostonians, disguised as Indians, boarded the ships and dumped the tea into the sea. (Boston Tea Party) Parliament Passes the â€Å"Intolerable Acts† In  1774, Parliament punished the people of Massachusetts for their actions in the Boston Tea Party. Parliament passed laws, known as the  Intolerable Acts, which restricted colonists' rights. The laws made restrictions on town meetings, and stated that enforcing officials who killed colonists in the line of duty would be sent to Britain for trial (where it was assumed they would be acquitted of their charges). One such law was the  Boston Port Act.It closed the Boston harbor until damages were paid and order could be ensured. The  Quebec Act  was also passed in  1774, but was not apart of the Intolerable Acts. It gave Catholic French Canadians religious freedom and restored the French form of civil law; this law nullified many of the Western claims of the coast colonies by extending the boundaries of the province of Quebec to the Ohio River on the south and to the Mississippi River on the west. The Continental Congress and Bloodshed In  1774, the  1st Continental Congress  met in Philadelphia in order to redress colonial grievances over the Intolerable Acts.The 13 colonies, excluding Georgia, sent 55 men to the convention. (The 1st Continental Congress was not a legislative body, rather a consultative body, and convention rather than a congress. ) After 7 weeks of deliberation, the  1st Continental Congress  drew up several papers. The papers included a  Declaration of Rights  and solemn appeals to other British-American colon ies, to the king, and to the British people. The creation of  The Association  was the most important outcome of the Congress. It called for a complete  boycott  of British goods; nonimportation, nonexportation, and nonconsumption.In  April 1775, the British commander in Boston sent a detachment of troops to  Lexington. They were to seize provisions of colonial gunpowder and to capture the â€Å"rebel† ringleaders,  Samuel Adams  and  John Hancock. At Lexington, 8 Americans were shot and killed. This incident was labeled as the â€Å"Lexington Massacre. †Ã‚   When the British went on to Concord, they were met with American resistance and there were over 300 casualties and 70 deaths. Because of this, the British had a  war, rather than a rebellion on their hands. Imperial Strength and WeaknessesThe population of Britain was over 3 times as large as the population of America. Britain also had a much greater economic wealth and naval power. Unfortunate ly for the British, though, there was rebellion brewing in Ireland, and France, bitter from its recent defeat, was waiting for an opportunity to attack Britain. Britain was therefore forced to divert much of its military power and concentration away from the Americas. Britain's army in America had to operate under numerous difficulties; provisions were short and soldiers were treated brutally.American Pluses and Minuses Marquis de Lafayette- French who was made a major general in the colonial army at the age of 19; the â€Å"French Gamecock†; his services were invaluable in securing further aid from France. The  Articles of Confederation  was adopted in  1781. It was the first written constitution adopted by colonists. Due to the lack of metallic money in America, Continental Congress was forced to print â€Å"Continental† paper money. Within a short time, this money depreciated significantly and individual states were forced to print their own paper money.A Thin Line of Heroes At  Valley Forge, Pennsylvania, American men went without food for 3 days in the  winter  of  1777-1778. Baron von Steuben- German who helped to whip the America fighters into shape for fighting the British. Lord Dunmore- royal (British) governor of Virginia. In  1775, he issued a proclamation  promising freedom  for any enslaved black in Virginia who joined the British army. â€Å"Lord Dunmore's Ethiopian Regiment† Congress Drafts George Washington The Second Continental Congress selected  George Washington  to head the army besieging Boston.Bunker Hill and Hessian Hirelings From April 1775 to July 1776, the colonists were both affirming their loyalty to the king by sincerely voicing their desire to patch up difficulties while at the same time raising armies and killing redcoats. In May 1775, a tiny American force under  Ethan Allen  and  Benedict Arnold  captured the British garrisons at  Ticonderoga and Crown Point. There, a stor e of gunpowder and artillery was secured. In June 1775, the colonists captured  Bunker Hill. The British took it back with a large number of soldiers.In  July 1775, the Second Continental Congress adopted the â€Å"Olive Branch Petition†, which professed American loyalty to the king and begged to the king to stop further hostilities. The petition was rejected by the king. With the rejection, the Americans were forced to choose to fight to become independent or to submit to British rule and power. In August 1775, King George III proclaimed that the colonies were in rebellion. He then hired German  Hessians  to bring order to the colonies. The Abortive Conquest of Canada In October 1775, the  British burned Falmouth  (Portland), Maine.In the same month, colonists made an attack on Canada in hopes that it would close it off as a possible source for a British striking point. The attack failed whenGeneral Richard Montgomery  was killed. In January 1776, the  Britis h set fire to Norfolk. Thomas Paine Preaches Common Sense The Americans continued to  deny any intention of independence  because loyalty to the empire was deeply ingrained; many Americans continued to consider themselves apart of a transatlantic community in which the mother country of Britain played a leading role; colonial unity was poor; and open rebellion was dangerous.Thomas Paine  released a pamphlet called  Common Sense  in  1776. It argued that the colonies had outgrown any need for English domination and that they should be given independence. Paine and the Idea of â€Å"Republicanism† Thomas Paine called for the creation of a new kind of political society, specifically a  republic, where power flowed from the people themselves. Jefferson's Explanation of Independence On July 2, 1776,  Richard Henry Lee  of Virginia's  resolution of declaring independence was passed. It was the formal declaration of independence by the American colonies.Thomas Je fferson  was appointed to draft up the  Declaration of Independence. The Declaration of Independence  was formally  approved  by Congress on  July 4, 1776. It was an explanation of everything the king had done to the Americans. Patriots and Loyalists During the War of Independence, the Loyalists were called â€Å"Tories† and the Patriots were called â€Å"Whigs. †Ã‚   Tory: â€Å"a thing whose head is in England, and its body in America, and its neck ought to be stretched. † The Loyalists made up 16% of the American population. Many people of education and wealth remained loyal  Ã‚  to England.Loyalists were most numerous where the  Anglican church  was strongest. The  Loyalists  were well entrenched in  New York City, Charleston, Quaker Pennsylvania,  and  New Jersey. They were least numerous in New England. The  Patriots  were numerous where  Presbyterianism and Congregationalism  flourished-mostly in New England. The Loyali st Exodus Before the Declaration of Independence, the Loyalists were treated relatively mild. After, though, they were hanged, imprisoned, and roughly handled. They Loyalists were forced to leave because the Patriots had to eliminate their weaknesses.General Washington at Bay The  British  concentrated  New York City  as a base of operation due to the fact that Boston was evacuated in March 1776. In  1776, General Washington and his men were overpowered by the British at the  Battle of Long Island. Washington and his men escaped to Manhattan Island. General William Howe  was General Washington's adversary. On  December 26, 1776, Washington surprised and captured  1,000 Hessians  who were sleeping. Burgoyne's Blundering Invasion London officials had an intricate scheme for capturing the vital  Hudson River valley in 1777.It would sever New England from the rest of the states and paralyze the American cause. The main invading force, lead by  General Burgoyne, w ould push down the Lake Champlain route from Canada. General Howe's  troops in New York, if needed, could advance up the Hudson River to meet Burgoyne near Albany. The 3rd  force was commanded by colonelBarry St. Leger, who would come in from the west by way of Lake Ontario and the Mohawk Valley. General Burgoyne was forced to surrender his entire command at  Saratoga  on  October 17, 1777  to American general  Horatio Gates  (Burgoyne's Blunder).This win made it possible for the urgently needed  foreign aid from France. (Turning point in war. ) Strange French Bedfellows After the shooting at  Lexington  in April 1775, French secretly provided arms to the Americans. The British offered the Americans  home rule  after the Battle of Saratoga. The French didn't want Britain to regain its colonies for fear that Britain would seize the  sugar rich French West Indies. In order to stop this, the  French made an open alliance  with the Americans in  1778, o ffering all the British did with the exception of independence.The Colonial War Becomes a World War Spain and Holland became allies against Britain in  1779. The British decided to evacuate Philadelphia and concentrate their strength in New York City. Blow and Counterblow General Benedict Arnold  turned traitor against the Americans in 1780. General Nathaniel Greene  succeeded in clearing most British troops out of Georgia and South Carolina. The Land Frontier and the Sea Frontier The  Treaty of Fort Stanwix- (1784) the first treaty between the United States and an Indian nation; signed with the Iroquois.George Rogers Clark- conceived the idea of capturing the British of the wild Illinois country in 1778-1779. John Paul Jones  is known as the father of the navy. He employed the tactic of privateering. Privateering- when privately owned and crewed vessels were authorized by a government during a wartime to attack and capture enemy vessels, men, cargo, etc; it diverted manpo wer from the main war effort; it brought in needed gold, harassed the enemy, and raised American morale by providing victories in a time when victories were few. Yorktown and the Final CurtainFrom 1780-1781, the U. S. government fell nearly bankrupt. British General Cornwallis  fell back to Chesapeake Bay at  Yorktown  to await seaborne supplies and reinforcements. This time in war was one of the few times when British naval superiority had been lacking. Admiral de Grasseoffered to join the Americans in an assault of Cornwallis via the sea. George Washington, along with  Rochambeau's army, and Admiral de Grasse cornered Cornwallis. He was forced to  surrender on October 19, 1781. Peace at Paris In 1782, a Whig ministry replaced the Tory regime of Lord North.Conditions of the Treaty of Paris of 1783: British formally recognized the independence of the United States. Florida is given to Spain. Britain granted generous boundaries, stretching to the Mississippi on the west, to the Great Lakes on the north, and to Spanish Florida on the south. Yankees were to retain a share in the priceless fisheries of Newfoundland. The Loyalists were to no longer be prosecuted. Congress was to recommend to the state legislatures that confiscated Loyalist property be restored. The states vowed to put no lawful obstacles in the way of Loyalist property collection.Ben Franklin,  John Adams, and  John Jay  negotiated the peace terms with Britain. The Pursuit of Equality The Continental Army officers formed an exclusive hereditary order called the  Society of the Cincinnati. Virginia Statue for Religious Freedom-  created in  1786  by Thomas Jefferson and his co-reformers; stated that religion should not be imposed on anybody and that each person decided his/her own faith. The Philadelphia  Quakers  in  1775  founded the first  anti-slavery society. The 1st Continental Congress called for the complete  abolition of the slave trade  in  1774.Seve ral northern states went further and either abolished slavery altogether or provided the gradual emancipation of slaves. No states south of Pennsylvania abolished slavery. Constitution Making in the States The 2nd Continental Congress called upon the colonies in  1776  to draft  new constitutions. Massachusetts called a special convention to draft its constitution and then submitted the final draft to the people. As  written  documents, the state constitutions were intended to represent a  fundamental law, superior to the short-lived impulses of ordinary legislation.In the Revolutionary era, the capitals of New Hampshire, New York, Virginia, North Carolina, South Carolina, and Georgia were all moved westward. Economic Crosscurrents Economic democracy preceded political democracy. Due to the independence from Britain, the United States had to make everything on its own which it no longer imported from Britain. Many Americans were poor because the economy was so bad. Creat ing a Confederation Shortly before declaring independence in 1776, the 2nd  Continental Congress appointed a committee to draft a written constitution for the new nation.The finished product was the  Articles of Confederation. It was  adopted  by Congress in  1777  and it convinced France that America had a genuine government in the making. The Articles of Confederation wasn't  ratified by all 13 colonies until 1781. The Articles of Confederation: America's First Constitution The 13 colonies were joined together for joint action in dealing with common problems such as foreign affairs. Congress had 2 major handicaps: It had no power to regulate commerce, and this loophole left the states free to establish conflictingly laws regarding tariffs and navigation.Congress couldn't enforce its tax collection program. The states were NOT required to pay the government taxes, they were merely asked. Landmarks in Land Laws Land Ordinance of 1785- stated that the acreage of the Old Northwest should be sold and the proceeds should be used to help pay off the national debt. Northwest Ordinance of 1787- a uniform national land policy; created the Northwest Territories and gave the land to the government, the land could then be purchased by individuals; when a territory had 60,000 people, it might be admitted by Congress as a state, with all the privileges of the 13 other states.The World's Ugly Duckling Britain declined to make any commercial treaty with the colonies or to repeal its Navigation Laws. Lord Sheffield  argued in his pamphlet that Britain could win back America's trade. The  British remained in the Americas  where they maintained their fur trade with the Indians. The American states did not honor the treaty of peace in regard to debts and Loyalists. The British stayed primarily to keep the Indians on the side of the British so to defend against future attacks on Canada by the Americans. Spain was openly unfriendly to the Americans.It closed of f the Mississippi river to commerce in  1784. The Horrid Specter of Anarchy Shay's Rebellion- in western Massachusetts in  1786; when impoverished back-country farmers, who were losing their farms through mortgage foreclosures and tax delinquencies, attempted to enforce their demands of cheap paper money, lighter taxes, and a suspension of property takeovers; led by  Captain Daniel Shays. The uprising was crushed but it left fear in the propertied class of mobs. A Convention of â€Å"Demigods† In  1786, Virginia called for a  convention at Annapolis, Maryland.There,  Alexander Hamilton  saved the convention from collapsing – delegates from only 5 states showed up. He called upon Congress to summon a convention to meet in Philadelphia the next year, not to deal with just commerce, but to  fix then entire fabric of the Articles of Confederation. Alexander Hamilton  was an advocate of a super-powerful central government. On  May 25, 1787, 55 representa tives from all of the states except for Rhode Island were sent to Philadelphia to talk of the government in the future of the country. (Constitutional Convention)   George Washington was elected as the leader. Patriots in PhiladelphiaThe delegates hoped to save the revolutionary idealism and make it into a strong political structure. Hammering Out a Bundle of Compromises Some of the delegates decided they would  scrap  the old Articles of Confederation, contradicting instructions from Congress to revise it. The â€Å"large-state plan† was proposed by Virginia and was first pushed forward as the framework of the Constitution. It said that the arrangement in Congress should be based upon a state's population. New Jersey presented the â€Å"small-state plan. †Ã‚   It centered on equal representation in Congress without regards to a state's size or population.The â€Å"Great Compromise† of the convention was hammered out and finally agreed upon. It called for representation by population in the  House of Representatives, and equal representation in the  Senate. Each state would have 2 senators. The new  Constitution  also called for a President. Because of arguments over if the slaves would count towards the general population of the state, the â€Å"three-fifths compromise† was created. The new Constitution also called for the  end of the slave trade by the end of 1807. All new state constitutions except Georgia's forbade overseas slave trade.Rhode Island was not present at the Constitutional Convention. Safeguards for Conservatism The members of the Constitutional Convention agreed economically-demanded sound money and the protection of private property; and politically-favored a stronger government with 3 branches and with checks and balances among them. The Clash of Federalists and Anti-federalists The Anti-federalists were led by  Samuel Adams,  Patrick Henry, and  Richard Henry Lee. The followers consisted of states' rights devotees, back country dwellers, and one-horse farmers – in general, the poorest class.Federalists were led by  George Washington  and  Benjamin Franklin. Most of the Federalists lived in the settled areas along the seaboard. Overall, they were wealthier than the Anti-federalists, more educated, and better organized. They also controlled the press. The Great Debate in the States Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, and New Hampshire were the first 9 states to sign the Constitution. Virginia, New York, North Carolina, and Rhode Island were the only states to not sign it. (4 Laggard States)The Four Laggard States Virginia, New York, and North Carolina all ratified the Constitution before it was put into effect. Rhode Island was the last state to ratify it and it did so only after the new government had been in operation for a few months. These 4 states did not ratify the Constitution because the y wanted to but because they had to. They could not safely exist outside the fold. A Conservative Triumph The architects of the Constitution contented that every branch-executive, judiciary, and legislative-effectively represented the people.By imbedding the principle of self-rule in a self-limiting system of checks and balances among these 3 branches, the Constitution settled the conflicting doctrines of liberty and order. * Washington for President George Washington was unanimously elected as President by the Electoral College in  1789. He took the oath of office on April 30, 1789. He established the cabinet. At first,  Secretary of State Thomas Jefferson,  Secretary of the Treasury Alexander Hamilton, and  Secretary of War Henry Knox  served under Washington. Bill of Rights James Madison  wrote the  Bill of Rights  and got them passed by Congress in  1791.The  Judiciary Act of 1789  created the Supreme Court, with a chief justice and five associates, as well as federal district and circuit courts, and established the office of attorney general. John Jay  became the first Chief Justice. Hamilton Revives the Corpse of Public Credit In order to create a thriving federal government,  Alexander Hamilton  set out to create a plan to shape the policies of the administration in such a way as to favor the wealthier groups. These wealthier groups would then gratefully lend their money and political support to the government. The wealth in the government would then trickle down through society.In this plan, Hamilton persuaded Congress to fund the entire national debt at par, meaning that the federal government would pay off its debts at face value plus accumulated interest. This would strengthen the national credit by creating public confidence in the small Treasury department. He then convinced Congress to take on the states' debts, which would create confidence in the government by the states. States with large debts, like Massachusetts, were delighted with Hamilton's proposal, but states with small debts, like Virginia, did not want the government to assume state ebts. Virginia did, however, want the forthcoming federal district, the District of Columbia, which would bring commerce and prestige. So Virginia made a deal with the government:   the government would assume state debts if the District of Columbia was placed on the Potomac River. The deal was passed by Congress in  1790. Customs, Duties, and Excise Taxes One of Hamilton's objectives was to keep a  national debt, believing that the more creditors to whom the government owed money, the more people there would be with a personal stake in the success of the government.In this objective, he expected  tariff revenues  to pay interest on the huge debt and run the government. The first tariff law, which imposed a low tax of 8% on the value of imports, was passed by Congress in  1789. Its purpose was to create revenue and to create a small protective wall around small industries. He passed additional internal revenue and, in  1791, convinced Congress to pass an  excise tax  on a few domestic items, notably whiskey. Hamilton Battles Jefferson for a Bank Alexander Hamilton proposed a  Bank of the United States  that could print paper money and thus provide a stable national currency.The national bank would also be place where the Treasury could deposit monies. Thomas Jefferson strongly opposed the Bank stating it was unconstitutional. He felt that the states had the right to manage their own money. Most of the opposition came from the south and most of the support came from the north. Hamilton prevailed and the 1st  Bank of the United States was created in  1791. Its charter lasted for 20 years and was located in Philadelphia. Mutinous Moonshiners in Pennsylvania The  Whiskey Rebellion  in Pennsylvania in  1794  was lead by distillers who strongly opposed the 1791 excise tax on whiskey.The rebellion was ended when President Washington sent in federal troops. Although the troops faced no opposition, a strong message was sent by the government stating that it would enforce the law. The Emergence of Political Parties Political parties had not existed in America when George Washington took office. What was once a personal feud between Thomas Jefferson and Alexander Hamilton had developed into a full-blown and bitter political rivalry. In the 1790s, Jefferson and Madison organized their opposition to the Hamiltonian program but confined it to Congress.In due time, this organized opposition grew and the  two-party system  emerged. The Impact of the French Rebellion When Washington's first administration had ended in 1793, a formation of two political groups had ensued:   Jeffersonian Democratic-Republicans  and  Hamilton Federalists. The  French Revolution  started in  1789. It began peacefully but entered a violent phase when France declared war on Austria in 1792. Things sta rted to get worse when King Louis XVI was beheaded in 1793, the church was attacked, and the head-rolling Reign of Terror was begun.At first, the Federalists supported the revolution  but that view suddenly changed when the attitude of the revolution changed. Washington's Neutrality Proclamation Jeffersonian Democratic-Republicans wanted to get into the  French and British War  to fight  for  France. The Federalists were  opposed. Washington issued the  Neutrality Proclamation of 1793  stating the country's neutrality from the Britain-France war. He was backed by Hamilton. Embroilments with Britain For years, the British had retained the frontier posts on U. S. soil, all in defiance of the peace treaty of 1783.The London government did not want to abandon the valuable fur trade in the Great Lakes region, and British agents openly sold firearms to the  Miami Confederacy, an alliance of 8 Indian nations who terrorized Americans. The Jeffersonians felt that American s hould again fight Britain in defense of America's liberties. The Federalists opposed this action because Hamilton's hopes for economic development depended on trade with Britain. Jay's Treaty and Washington's Farewell In a last attempt to avoid war, President Washington sent Chief Justice  John Jay  to London in  1794  to negotiate.Opposed by Democratic-Republicans, Jay hammered out a treaty,  Jay's Treaty, in which the British promised to evacuate the chain of posts on U. S. soil and pay for damages for the seizures of American ships. Britain stopped short of pledging anything about future maritime seizures or about supplying arms to Indians. The treaty also called for the U. S. to continue to pay the debts owed to British merchants on pre-Revolutionary War accounts. Jay's Treaty caused Spain, which feared an Anglo-American alliance, to strike a deal with the U. S.In  Pinckney's Treaty of 1795  with Spain, Spain granted the Americans free navigation of the Mississippi River and the large disputed territory north of Florida. In his Farewell Address to the nation, Washington urged against permanent alliances. He left office in  1797. John Adams Becomes President John Adams  beat Thomas Jefferson to become to the  2nd  President in 1797. Hamilton became the leader of the  Federalist Party, known as the â€Å"High Federalists. † Unofficial Fighting with France France was upset with Jay's Treaty and it started capturing American

C.V. George and Company VS. Marshall Sons

The Appellant humbly submits this memorandum for one appeal filed before this Honorable Court.. It sets forth the facts and the laws on which the claims are based. Statement of Jurisdiction of the Respondent The Respondent humbly submits this memorandum in response to the appeal filed before this Honorable Court.. It sets forth the facts and the laws on which the claims are based. Statement of Facts On 6th May, 1971, C.V George and Company, a contractor in Cochin, requested a quotation for the supply of one hot mix plant from Marshall Sons, a dealer in Hot Mix plants and Mini Crushers. The requested quotation was sent by Marshall Sons on 1 lath May, 1971. After a few days, on 21st June 1971, C. V. George and Company requested for a revised quotation which was sent by Marshall Sons on 29th July, 1971. C. V George and Company finally placed the order for one hot mix plant on 31st July, 1971. In their second quotation, Marshall Sons said that they would supply the hot mix plant within 3 -4 months, subject to conditions beyond its control.To this quotation, the contractor sent a letter saying that according to their previous discussions, the hot mix plant should be ready by the last week of September. No reply affirming this condition was sent by the dealer. Nearly a month after the time within which C. V. George and company wanted to have the delivery of the plant, they received a letter from Marshall Sons stating that he plant would be ready for delivery in the middle of next month or even earlier and that they had requested their associate company to expedite delivery of the machine. On 22nd November, 1971 Marshall Sons informed C.V George and Company that due to the go slow policy adopted by the workers in the factory it would be impossible for its associate company to deliver the plan by the end of November and they would try to deliver it by 10th December, 1971. There was no further correspondence between the two parties and the plant was eventually supplied b y Marshall Sons on 30th January,1972. Marshall Sons (plaintiff filed a case against C. V George and Company (defendant) in the trial court due to discrepancies between them. The objective of filing the case was to claim the amount for the supply of the hot mix plant from C. V George and Company whereas C.V. George and Company made a claim for damages under four counts, namely: (1) RSI. 2,000 being the cost of 12 volt electrical starter equipment with battery complete;(2) RSI. 321. 97 being the expenditure incurred towards the cost of materials and labor charges for welding and rectification of defects before the commission of the plant: (3) RSI. 2,000 being the value of 0. 75 ton of steel and (4) RSI. 8,175 being the hire charges for hiring plant from the Cochin Corporation. The trial court held that: (1) there was no consensus among the parties regarding the mime within which the hot mix plant was to be supplied, (2) C. V.George would receive an amount of RSI. 500 for the 12 volt e lectrical supply starter equipment and the other three claims would be set off, (3) even if for any reason, it is held that the amounts claimed under the other three clauses, do not amount to a plea of set off or counterclaim, the evidence adduced, has not established the claim made by the defendant. A decree was given in the favor of the plaintiff for a sum of 12,096 and at an interest rate of 6% annum from 27th' January, 1971, till the date of plaint and proportionate costs. C. V George and Company appealed against this decree and judgment of the trial court in the high court.Questions Presented by the Appellant The following questions are presented before the court in the instant matter: 1) Whether time is to be considered an essence of the contract 2) Whether the contract was carried out by the respondent within a reasonable span of time 3) Whether the appellant is entitled to claim full amount for damages 4) Whether there was a breach of warranty Questions Presented by the Resp ondent Whether time is to be considered an essence of the contract 2) Whether the appellant is entitled to claim full amount for damages 3) Whether there was a breach Summary of Pleadings of the Appellant 1 .Whether time is to be considered an essence of the contract: Ordinarily, time is to be treated as an essence of commercial contracts, as stated by the Counsel for the appellant. Furthermore, when the appellant requested for the machinery to be supplied latest by the middle of September, 1971 , the subsequent replies of the respondent showed clear indication of acknowledgment of the time span, as well as the stipulated deadline. Therefore, the respondent has committed reach of condition of warranty under Section 59 of the Sale of Goods Act, by not supplying the hot mix plant by the middle of September, 1971. . Whether the contract was carried out by the respondent within a reasonable span of time: The appellant's case states that the hot mix plant should have been supplied by the middle of September, 1971 and the respondent failed to fulfill his part of the contract as the plant was supplied on 30th January, 1972. The appellant further states that this delay was without any reasonable or probable cause and hence the contract wasn't fulfilled within reasonable time. 3.Whether the appellant is entitled to claim full amount for damages: The appellant's case is that as the hot mix plant was not delivered within the time stipulated, it is entitled to claim damages amounting to 12,496. Due to the delay in the supply of the plant, the appellant had to incur losses. 4. Whether there was a breach of warranty: The appellant claims that there was a breach of warranty and tries to recover the amount he can. He is of the view that part (3) in section 12 of the Sale of Goods Act entitles him to raise a claim.Part (3) in section 12: ‘A warranty is a stipulation collateral to the main purpose of the contract, the breach f which gives rise to a claim for damages but n ot to a right to reject the goods and treat the contract as repudiated. ‘ Summary of Pleadings of the Respondent 1 . Whether time is to be considered an essence of the contract: The respondent had stated that the hot mix plant would be supplied within 3-4 months, subject to conditions beyond its control. Though the appellant wanted delivery of the hot mix plant in the middle of September, 1971, the respondent did not send any reply agreeing to the appellant's stipulation.Marshall Sons sent out another correspondence on 22nd November, stating that in view of the go slow policy adopted by the workers in the factory for the past one month, it would not be possible for its associate company to deliver the plant by the end of November. No objection or protest was raised by the appellant in response to this. There was no consensus regarding the period within which the plant had to be supplied and thus, time was not to be considered as essence. 2.Whether the appellant is entitled to claim full amount for damages: The appellant aimed to collect its desired sum as compensation, of RSI. 12,496, by using Section 59 of the Sale of Goods Act. An important portion of this act states that if the appellant ants to claim compensation for any loss occasioned by the non-performance of the contract within the stipulated time and if the appellant accepts performance of the contract, he must issue notice to the respondent of his intention to claim damages.In this situation, the appellant issued the notice to the respondent on 8th December, 1971, which was long prior to the date when the goods were supplied to it and the performance of the contract was accepted by the appellant. Therefore, since the claim was not issued at the time when the appellant accepted the performance of he contract, the appellant is unable to resort to Section 55 of the Contract Act to sustain a claim for damages against the respondent. 3.Whether there was a breach of warranty: Granting for argument sa ke that time was essence of the contract and there was breach of contract by the respondent, even then Section 59 of the Sales of Goods Act cannot be attracted as the definition of â€Å"Condition and Warranty' in Section 12 of the Sales of Goods Act is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters is outside the definition f Section 12 of Sales of Goods Act.Pleadings and Authorities 1 . Time is to be considered an essence of the contract: The Counsel for the appellant made its case by stating that time was of essence to this particular situation, and is treated as such for commercial contracts, in reference to two such decisions of the Supreme Court in Inhabit Parkas v. Durra Data and C. C. Exporters v. B. &C. Mills.The appellant wrote to the respondent, requesting for the machinery to be supplied latest by the middle of September, 1971 , and following were the subsequent replies of the respondent showi ng clearly the acknowledgment f the time span, as well as the stipulated deadline. Therefore, the respondent has committed breach of condition of warranty under Section 59 of the Sale of Goods Act, by not supplying the hot mix plant by the middle of September, 1971.The remedy for breach of warranty under the Sale of Goods Act is as follows: (I) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject he goods; but he may- (a) set up against the seller the breach of warranty in diminution or extinction of the price, or (b) sue the seller for damages for breach of warranty. It) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.As per the case made, under the Sale of Goods Act, â€Å"(I)Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by season only of such breach of warranty entitled to reject the goods; but he may (a)set up against the seller the breach of warranty in diminution or extinction of the price†, the Counsel for the appellant further contended that the appellant is entitled to claim by way of damages a total sum of RSI. 2,496. Of time: As already stated, the respondent has indicated under Exhibit 8-9 that it will supply the plant in about 3 to 4 months time from the date of receipt of order subject to conditions beyond its control. The appellant placed the order or 31st July, 1971. Three month's time expired on 30th December, 1971.Even before the expiry of the period, the respondent wrote Exhibit A-6 the its associate company had advised that the plant will be re ady for delivery in the middle of November, and it has advised its associate company to pay special attention and expedite delivery of the plant. The respondent again wrote under Exhibit A-7 stating that in view of the go-slow policy adopted by the workers in the factory of its associate company, there was a delay in the manufacture of the plant and it would be supplied before 10th December, 1971.The plant was ultimately delivered to the appellant on 30th January, 1972. Having regard to the time stipulated by the respondent under Exhibit 8-9 and having regard to the difficulties faced by its associate company, the details of which are stated both in Exhibits A-6 and A-9, there is absolutely no difficulty in holding that the respondent has performed the contract within a reasonable time. On a careful perusal of the correspondence between the parties as referred to above, it is seen that no time was fixed for performance of the contract.There was stipulation by the respondent under Ex hibit 8-9 to deliver the plant in about three to four months' time room the date of receipt of order Subject to conditions beyond its control and a suggestion by the appellant under Exhibit A-2 that the point regarding delivery should be brought to the personal notice of Mr.. Cellular and arrangements may be made to supply the plant by the middle of September, 1971. Thus, it can be seen that there was no consensus ad idem regarding the period within which the plant has to be delivered to the appellant.Hence the term reasonable time would signify any which period of time by which the plant has been delivered provided there is no delay due to circumstances arising because of inefficiency of the respondent. . Whether the appellant is not entitled to claim full amount for damages The appellant wished to claim set off for the sum of RSI. 12,496, under the following counts: 3. 1 For the first count the appellant asked to claim RSI. 2,000 being the cost of 12 volt electrical starter equipm ent, complete with battery.The trial Court allowed a sum of RSI. 500 under this count, while referring to the Sale of Goods Act where if there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, he buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may set up against the seller the breach of warranty in diminution or extinction of the price. 3. The other three claims made by the appellant were denied on the basis of the Contract Act, under Section 55, where if the appellant wants to claim compensation for any loss occasioned by the non-performance of the contract within the stipulated time and if the appellant accepts performance of the contract, he must issue notice to the respondent of his intention to claim damages. It is therefore clear that if the appellant wants to claim damages by resorting to Section 55 of the Contract Ac t he must issue a notice to the respondent of his intention to claim damages at the time when he accepts performance of the contract.In the instant case, the goods were delivered to the appellant only on 30th January, 1972. The appellant issued its writing to the respondent on 8th December, 1971, which was long prior to the date when the goods were supplied to it and the performance of the contract was accepted by the appellant. Since the issue was not made at the time when the appellant accepted the reference of the contract, the appellant cannot resort to Section 55 of the Contract Act to sustain a claim for damages against the respondent.The next question for consideration is whether under Section 59 of the Sale of Goods Act, it is open to the appellant to treat any breach of a condition on the part of the respondent as breach of warranty and set up against the respondent the breach of warranty in diminution of the price. We have already held that time is not the essence of contr act and there is no breach of condition on the part of the respondent.Even granting for argument's sake that time was essence of the contract ND there was a breach of condition by the respondent, even then Section 59 of the Sale of Goods Act, cannot be attracted, as the definition of â€Å"condition and warranty† in Section 12 of the Sale of Goods Act is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters are outside the definition contained in Section 12 of Sale of Goods Act. Section 59 of the Sale of Goods Act states that – 12.Condition and warranty. – (1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. 2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. (3) A warranty is a stipulation collateral to the main p urpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. 4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract. It can be noted that section 59 is not applicable as this contract is not stipulated by time or any other such conditions except that it should be completed in reasonable time. Hence it falls outside of the definition of the act and there is no breach of CASE ANALYSIS The C. V.George and Company vs. Marshall Sons case, is one of appellate Jurisdiction in the High Court as a result of a previous case filed by Marshall Sons against C. V. George and Company. The trial court came to the conclusion that C. V. George and Company was entitled to receive a claim of only RSI. 500 as opposed to their former claim for RSI. 12,496. It r uled in favor of Marshall Sons by announcing a decree for a sum of RSI. 12,096 at 6% interest per annum, from 27th January till the date of plaint and proportionate costs. Aggrieved by this Judgment of the trial court, C. V George and Company filed an appeal in the Madras High Court.The learned counsel for the appellant relied major on the fact that time is of the essence in commercial contracts and that by failing to meet the deadline, Marshall Sons have breached an important condition of the contract and under Section 59 of the Sale of Goods Act, it is open to the appellant to treat a breach of condition as breach of warranty and set p against the respondent the breach of warranty in diminution of the price. The appellant also stated that this entitled it to claim damages under four counts and those amounts should go in diminution of the price claimed by the respondent for the supply of the hot mix plant.After careful consideration, it was clear to the court that there was no actu al consensus between the parties regarding the time of the delivery. C. V. George and Company expected to receive the plant by mid September whereas Marshall Sons spoke about supplying the plant within 3-4 months after the interact was signed ( 31st July, 1971). Marshall Sons later said that due to the ‘go slow policy adopted by the workers, they wouldn't be able to supply it earlier than what they had committed. No objections were raised by C. V George and Company.The plant was finally delivered on 30th January, 1972. We see that, due to the fact that there was no proper agreement about the time between the two parties, Marshall Sons have a stronger case as the court ruled that time was not of the essence for this contract. Keeping in mind all the obstacles faced by Marshall Sons in the delivery of his plant and the stipulated time of 3-4 months the court ruled that the plant was delivered within a reasonable time frame. The case for Marshall Sons Just gets stronger as the co ntractor isn't entitled to make a claim for damages.If the appellant wants to claim damages by resorting to Section 55 of the Contract Act he must issue a notice to the respondent of his intention to claim damages at the time when he accepts performance of the contract which was not done in this case. Further, under section 59 of the Sale of Goods Act, the appellant can treat any breach of a condition n the part of the respondent as a breach of warranty in diminution of the price but this cannot be used in the favor of the appellant in this case.It has already been established that time was not an essence of contract in this case. Section 12 of the Sale of Goods Act states that the condition of warranty is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters are outside the definition contained in that section. As a result, the High Court of Madras confirmed the trial and decree of the trial court. C. V. George ND Company had to make the payment they owed and would receive only RSI. 00 for one of their claims. Marshall Sons had a stronger case to present in both, the Trial Court as well as the High Court.

Importance of Quality Development to Supply Chain Term Paper

Importance of Quality Development to Supply Chain - Term Paper Example EliteClean’s supply chain aligns with the business strategy where the basis of competition takes the order of the process. This is enhanced through development of high quality goods to create competitive advantage. In addition, the firm has an overall market-winning criterion since the supply chain aligns to needs of the customers. The supply chain of this firm enables bundling of purchasing volume with other segments other than creating different lines of products. Consequently, this results into developed distribution channels that assure the firm of its global presence as well as strong relationship with key customers. It is also undisputable to note that supply chain within EliteClean is adaptive thereby enhancing the relationship between various departments and regions through regional distributional channels. Despite the many strengths enjoyed by EliteClean within its supply chain, the process suffers the weakness of not incorporating technology. Contemporary world is changing rapidly due to advancements and improvements in technology. So far, EliteClean’s supply chain does not incorporate technology. What’s more, this supply chain of the firm does not explicitly revise its strategies in respect to power positioning as well as new competitors. Since the firm produces different products, it would be more effective through enhancement of segmentation of customers. The retailers may demand a reduction in price an action that may reduce the company’s revel of income in their moneybag. These may occur because of the retailer claiming that the market demand of the product has gone down. Moreover, they may also insist that they are incurring many expenses in their running hence leading to reduced profitability. The company may increase its services by employing various measures that include selling of its cleaning products directly to the consumer. Consequently, there will be improved sales volume hence earning more income and profitability. EliteClean may also increase its services by conducting a market research directly to the consumers.