History of the Origin, Formation, and Adoption of the Constitution of the United States Volume I Part 28

It calls upon them, with a remonstrance in whose tones there is both a warning and a cheering voice, to remember that they have a country; to appreciate and fearlessly to survey the truth, that national honor and success, internal tranquillity and peace, reputation abroad and safety at home, can exist, for them, only under the Union which the Divine government, for its own all-wise purposes, has made a necessity of their condition; and to see that the ruin of self-government in America must involve its ruin for the whole world.[456]

FOOTNOTES:

[455] For a full list of the Delegates, see the Appendix to this volume.

[456] In this connection, I cannot avoid a reference to Dr. Francis Lieber's profound and admirable work "On Civil Liberty and Self-government." Whoever will follow that very able writer in his masterly exposition of the principles of Anglican liberty, will become satisfied that the American branch of it is more strictly a system of "self-government" than any other, speaking with reference to the application of the principle to every department. The destruction of such a system, therefore, would be the destruction of self-government in its most complete form. No one can suppose that the popular principles in the English Const.i.tution would continue to expand, as they have done for the last fifty years, if the corresponding principles in America were to be overthrown, or even if they were to receive a sensible check.

APPENDIX.

IN CONGRESS.

CIRCULAR LETTER OF CONGRESS RECOMMENDING THE ADOPTION OF THE ARTICLES OF CONFEDERATION.

IN CONGRESS, YORKTOWN, November 17th, 1777.

Congress having agreed upon a plan of confederacy for securing the freedom, sovereignty, and independence of the United States, authentic copies are now transmitted for the consideration of the respective legislatures.

This business, equally intricate and important, has in its progress been attended with uncommon embarra.s.sments and delay, which the most anxious solicitude and persevering diligence could not prevent. To form a permanent union, accommodated to the opinion and wishes of the delegates of so many States differing in habits, produce, commerce, and internal police, was found to be a work which nothing but time and reflection, conspiring with a disposition to conciliate, could mature and accomplish.

Hardly is it to be expected that any plan, in the variety of provisions essential to our union, should exactly correspond with the maxims and political views of every particular State. Let it be remarked, that, after the most careful inquiry and the fullest information, this is proposed as the best which could be adapted to the circ.u.mstances of all, and as that alone which affords any tolerable prospect of general satisfaction.

Permit us, then, earnestly to recommend these articles to the immediate and dispa.s.sionate attention of the legislatures of the respective States. Let them be candidly reviewed, under a sense of the difficulty of combining in one general system the various sentiments and interests of a continent divided into so many sovereign and independent communities, under a conviction of the absolute necessity of uniting all our counsels and all our strength to maintain and defend our common liberties; let them be examined with a liberality becoming brethren and fellow-citizens surrounded by the same imminent dangers, contending for the same ill.u.s.trious prize, and deeply interested in being for ever bound and connected together by ties the most intimate and indissoluble; and, finally, let them be adjusted with the temper and magnanimity of wise and patriotic legislators, who, while they are concerned for the prosperity of their own more immediate circle, are capable of rising superior to local attachments, when they may be incompatible with the safety, happiness, and glory of the general confederacy.

We have reason to regret the time which has elapsed in preparing this plan for consideration; with additional solicitude we look forward to that which must be necessarily spent before it can be ratified. Every motive loudly calls upon us to hasten its conclusion.

More than any other consideration, it will confound our foreign enemies, defeat the flagitious practices of the disaffected, strengthen and confirm our friends, support our public credit, restore the value of our money, enable us to maintain our fleets and armies, and add weight and respect to our counsels at home and to our treaties abroad.

In short, this salutary measure can no longer be deferred. It seems essential to our very existence as a free people, and without it we may feel constrained to bid adieu to independence, to liberty and safety,--blessings which, from the justice of our cause and the favor of our Almighty Creator visibly manifested in our protection, we have reason to expect, if, in an humble dependence on his divine providence, we strenuously exert the means which are placed in our power.

To conclude, if the legislature of any State shall not be a.s.sembled, Congress recommend to the executive authority to convene it without delay; and to each respective legislature it is recommended to invest its delegates with competent powers ultimately, in the name and behalf of the State, to subscribe Articles of Confederation and Perpetual Union of the United States; and to attend Congress for that purpose on or before the tenth day of March next.

NEW JERSEY.

REPRESENTATION OF THE STATE OF NEW JERSEY ON THE ARTICLES OF CONFEDERATION, READ IN CONGRESS, JUNE 25, 1778.

_To the United States in Congress a.s.sembled: The Representation of the Legislative Council and General a.s.sembly of the State of New Jersey showeth_:--

That the Articles of Confederation and Perpetual Union between the States of New Hamps.h.i.+re, Ma.s.sachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, proposed by the honorable the Congress of the said States, severally for their consideration, have been by us fully and attentively considered; on which we beg leave to remark as follows:--

1. In the fifth article, where, among other things, the qualifications of the delegates from the several States are described, there is no mention of any oath, test, or declaration, to be taken or made by them previous to their admission to seats in Congress. It is, indeed, to be presumed the respective States will be careful that the delegates they send to a.s.sist in managing the general interest of the Union take the oaths to the government from which they derive their authority; but as the United States, collectively considered, have interests, as well as each particular State, we are of opinion that some test or obligation binding upon each delegate while he continues in the trust, to consult and pursue the former as well as the latter, and particularly to a.s.sent to no vote or proceeding which may violate the general confederation, is necessary. The laws and usages of all civilized nations evince the propriety of an oath on such occasions; and the more solemn and important the deposit, the more strong and explicit ought the obligation to be.

2. By the sixth and ninth articles, the regulation of trade seems to be committed to the several States within their separate jurisdictions, in such a degree as may involve many difficulties and embarra.s.sments, and be attended with injustice to some States in the Union. We are of opinion, that the sole and exclusive power of regulating the trade of the United States with foreign nations ought to be clearly vested in the Congress; and that the revenue arising from all duties and customs imposed thereon ought to be appropriated to the building, equipping, and manning a navy for the protection of the trade and defence of the coasts, and to such other public and general purposes as to the Congress shall seem proper, and for the common benefit of the States. This principle appears to us to be just, and it may be added, that a great security will by this means be derived to the Union from the establishment of a common and mutual interest.

3. It is wisely provided, in the sixth article, that no body of forces shall be kept up by any State in time of peace, except such number only as, in the judgment of the United States in Congress a.s.sembled, shall be deemed requisite to garrison the forts necessary for the defence of such States. We think it ought also to be provided and clearly expressed, that no body of troops be kept up by the United States in time of peace, except such number only as shall be allowed by the a.s.sent of the nine States. A standing army, a military establishment, and every appendage thereof, in time of peace, is totally abhorrent from the ideas and principles of this State. In the memorable act of Congress declaring the United Colonies free and independent States, it is emphatically mentioned, as one of the causes of separation from Great Britain, that the sovereign thereof had kept up among us, in time of peace, standing armies without the consent of the legislatures. It is to be wished the liberties and happiness of the people may by the Confederation be carefully and explicitly guarded in this respect.

4. On the eighth article we observe, that, as frequent settlements of the quotas for supplies and aids to be furnished by the several States in support of the general treasury will be requisite, so they ought to be secured. It cannot be thought improper, or unnecessary, to have them struck once at least in every five years, and oftener if circ.u.mstances will allow. The quant.i.ty or value of real property in some States may increase much more rapidly than in others; and therefore the quota which is at one time just will at another be disproportionate.

5. The boundaries and limits of each State ought to be fully and finally fixed and made known. This we apprehend would be attended with very salutary effects, by preventing jealousies, as well as controversies, and promoting harmony and confidence among the States. If the circ.u.mstances of the times would not admit of this, previous to the proposal of the Confederation to the several States, the establishment of the principles upon which and the rule and mode by which the determination might be conducted at a time more convenient and favorable for despatching the same at an early period, not exceeding five years from the final ratification of the Confederation, would be satisfactory.

6. The ninth article provides, that no State shall be deprived of territory for the benefit of the United States. Whether we are to understand, that by territory is intended any land, the property of which was heretofore vested in the crown of Great Britain, or that no mention of such land is made in the Confederation, we are constrained to observe, that the present war, as we always apprehended, was undertaken for the general defence and interest of the confederating Colonies, now the United States. It was ever the confident expectation of this State, that the benefits derived from a successful contest were to be general and proportionate; and that the property of the common enemy, falling in consequence of a prosperous issue of the war, would belong to the United States, and be appropriated to their use. We are therefore greatly disappointed in finding no provision made in the Confederation for empowering the Congress to dispose of such property, but especially the vacant and impatented lands, commonly called the crown lands, for defraying the expenses of the war, and for such other public and general purposes. The jurisdiction ought in every instance to belong to the respective States within the charter or determined limits of which such lands may be seated; but reason and justice must decide that the property which existed in the crown of Great Britain, previous to the present Revolution, ought now to belong to the Congress, in trust for the use and benefit of the United States. They have fought and bled for it in proportion to their respective abilities; and therefore the reward ought not to be predilectionally distributed. Shall such States as are shut out by situation from availing themselves of the least advantage from this quarter be left to sink under an enormous debt, whilst others are enabled, in a short period, to replace all their expenditures from the hard earnings of the whole confederacy?

7. The ninth article also provides, that requisitions for the land forces to be furnished by the several States shall be proportioned to the number of _white_ inhabitants in each. In the act of Independence we find the following declaration: "We hold these truths to be self-evident, that all men are created equal; that they are endued by their Creator with certain unalienable rights, among which are life, liberty, and the pursuit of happiness." Of this doctrine it is not a very remote consequence, that all the inhabitants of every society, be the color of their complexion what it may, are bound to promote the interest thereof, according to their respective abilities. They ought, therefore, to be brought into the account on this occasion. But admitting necessity or expediency to justify the refusal of liberty in certain circ.u.mstances to persons of a peculiar color, we think it unequal to reckon upon such in this case. Should it be improper, for special local reasons, to admit them in arms for the defence of the nation, yet we conceive the proportion of forces to be embodied ought to be fixed according to the whole number of inhabitants in the State, from whatever cla.s.s they may be raised. If the whole number of inhabitants in a State, whose inhabitants are all whites, both those who are called into the field, and those who remain to till the ground and labor in the mechanical arts and otherwise, are reckoned in the estimate for striking the proportion of forces to be furnished by that State, ought even a part of the latter description to be left out in another? As it is of indispensable necessity in every war, that a part of the inhabitants be employed for the uses of husbandry and otherwise at home, while others are called into the field, there must be the same propriety that the owners of a different color who are employed for this purpose in one State, while whites are employed for the same purpose in another, be reckoned in the account of the inhabitants in the present instance.

8. In order that the quota of troops to be furnished in each State on occasion of a war may be equitably ascertained, we are of opinion that the inhabitants of the several States ought to be numbered as frequently as the nature of the case will admit, once at least every five years.

The disproportioned increase in the population of different States may render such provisions absolutely necessary.

9. It is provided in the ninth article, that the a.s.sent of nine States out of the thirteen shall be necessary to determine in sundry cases of the highest concern. If this proportion be proper and just, it ought to be kept up, should the States increase in number, and a declaration thereof be made for the satisfaction of the Union.

That we think it our indispensable duty to solicit the attention of Congress to these considerations and remarks, and to request that the purport and meaning of them be adopted as part of the general confederation; by which means we apprehend the mutual interest of all the States will be better secured and promoted, and that the legislature of this State will then be justified in ratifying the same.

ACT OF NEW JERSEY ACCEPTING THE CONFEDERATION, Pa.s.sED NOVEMBER 19, 1778.

_An Act to authorize and empower the Delegates of the State of New Jersey in Congress to subscribe and ratify the Articles of Confederation and Perpetual Union between the several States._

Whereas, Articles of Confederation and Perpetual Union between the States of New Hamps.h.i.+re, Ma.s.sachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, signed in the Congress of the said States by the Honorable Henry Laurens, Esquire, their President, have been laid before the legislature of this State, to be ratified by the same, if approved: And whereas, notwithstanding the terms of the said Articles of Confederation and Perpetual Union are considered as in divers respects unequal and disadvantageous to this State, and the objections to several of the said articles, lately stated and sent to the general Congress aforesaid on the part of this State, are still viewed as just and reasonable, and sundry of them as of the most essential moment to the welfare and happiness of the good people thereof: Yet, under the full conviction of the present necessity of acceding to the confederacy proposed, and that every separate and detached State interest ought to be postponed to the general good of the Union: And moreover, in firm reliance that the candor and justice of the several States will, in due time, remove as far as possible the inequality which now subsists:--

SECT. 1. Be it enacted by the Council and General a.s.sembly of this State, and it is hereby enacted by the authority of the same, That the Honorable John Witherspoon, Abraham Clark, Nathaniel Scudder, and Elias Boudinot, Esquires, delegates representing this State in the Congress of the United States, or any one or more of them, be and they are hereby authorized, empowered, and directed, on behalf of this State, to subscribe and ratify the said Articles of Confederation and Perpetual Union between the States aforesaid.

SECT. 2. And be it further enacted by the authority aforesaid, That the said Articles of Confederation and Perpetual Union, so as aforesaid subscribed and ratified, shall thenceforth become conclusive as to this State, and obligatory thereon.

DELAWARE.

RESOLUTIONS Pa.s.sED BY THE COUNCIL OF THE STATE OF DELAWARE, JANUARY 23, 1779, RESPECTING THE ARTICLES OF CONFEDERATION AND PERPETUAL UNION, AND CONCURRED IN BY THE HOUSE OF a.s.sEMBLY, JANUARY 28, 1779, PREVIOUS TO THEIR Pa.s.sING A LAW TO EMPOWER THEIR DELEGATES TO SIGN AND RATIFY THE SAID ARTICLES OF CONFEDERATION AND PERPETUAL UNION.

_Resolved_, That the paper laid before Congress by the delegate from Delaware, and read, be filed; provided, that it shall never be considered as admitting any claim by the same set up or intended to be set up.

The paper is as follows, viz.:--

IN THE COUNCIL, Sat.u.r.day, January 23, 1779, P. M.

The Council, having resumed the consideration of the committee's report on the Articles of Confederation and Perpetual Union, &c., came to the following resolutions therein:--

_Resolved_, That this State think it necessary for the peace and safety of the States to be included in the Union, that a moderate extent of limits should be a.s.signed for such of those States as claim to the Mississippi or South Sea; and that the United States in Congress a.s.sembled should and ought to have the power of fixing their western limits.

_Resolved also_, That this State consider themselves justly ent.i.tled to a right, in common with the members of the Union, to that extensive tract of country which lies to the westward of the frontiers of the United States, the property of which was not vested in, or granted to, individuals at the commencement of the present war: That the same hath been, or may be, gained from the king of Great Britain, or the native Indians, by the blood and treasure of all, and ought therefore to be a common estate, to be granted out on terms beneficial to the United States.

_Resolved also_, That the courts of law established within this State are competent for the purpose of determining all controversies concerning the private right of soil claimed within the same; and they now, and at all times hereafter, ought to have cognizance of all such controversies: That the indeterminate provision, in the ninth article of the Confederation, for deciding upon controversies that may arise about some of those private rights of soil, tends to take away such cognizance, and is contrary to the declaration of rights of this State; and therefore ought to receive an alteration.