Studies in Civics Part 15

CHAPTER XVIII.

THE ARTICLES OF CONFEDERATION.

WHAT PRECEDED THEM.

The Revolutionary Period.--The nation was born July 4, 1776. From that time until the adoption of the articles of confederation in 1781 the people of the United States carried on their governmental affairs by means of a congress "clothed with undefined powers for the general good."

This congress had, speaking "in the name and by the authority of the good people of these colonies," issued the declaration of independence; it had entered into an alliance with France; and it had prosecuted the war almost to a successful issue, before it had received any definite warrant for its acts. Its acts were justified by necessity, and had their authority in the "common consent" of a majority of the people. During nearly all of the revolutionary war, the people of the colonies were largely "held together by their fears."

THE ARTICLES THEMSELVES.

Their History.--But these were pre-eminently a people of peace and good order. This is shown in part by the spirit and form of the declaration of independence. They had no idea of allowing themselves to lapse or drift into anarchy. They understood the necessity for a permanent government.

Accordingly, when, on the eleventh of June, 1776, a committee of congress was appointed to "abolish" one form of government by drafting a declaration of independence, another committee was appointed to frame a plan on which to "inst.i.tute a new government."

After more than a month's deliberation this committee reported its plan, embodied in what is called articles of confederation. This plan was discussed from time to time, and finally, somewhat modified, was agreed to by congress, November 15, 1777. It was then submitted to the states for ratification.

In July, 1778, the articles were ratified by ten of the states. New Jersey ratified in November, 1778, and Delaware in February, 1779. But the articles were not to become binding until ratified by all the states, and Maryland did not authorize her delegates in congress to sign the instrument in ratification until March 1, 1781. (Maryland claims to have fought through the revolutionary war, not as a member but as an ally of the United States.)

Their peculiarities.--The articles of confederation were different from our present const.i.tution, both in principle and in method of operation, as follows:

1. _The nature of the government formed._ The government was that of a "confederation of states," each retaining its sovereignty and independence. The union was declared to be a "firm league of friends.h.i.+p."

It was to be perpetual.

2. _The branches of government._ Only one was provided for, a congress. No provision was made for executive or judicial officers apart from the congress itself.

3. _The structure of the congress._ The congress consisted of only one house or chamber. Members were elected for one year, subject to recall at any time, and they were paid by their respective states. No person was eligible to members.h.i.+p for more than three years in any period of six years. No state could be represented by "less than two, nor more than seven members." Each state had one vote.

4. _The powers of congress._ "The United States in congress a.s.sembled" had power to treat with foreign countries, to send and receive amba.s.sadors, to determine peace and war. Congress was the last resort on appeal in all disputes between the states; could fix the standard of weights and measures, and of the fineness of coin; could establish and regulate postoffices; could ascertain and appropriate "the necessary sums of money to be raised for the service of the United States;" could borrow money "on the credit of the United States;" could agree upon the number of land forces and make requisition on each state for its quota; and could appoint a committee consisting of one member from each state, to sit during the vacations of congress.

5. _Powers denied to the states._ No state could enter into any treaty with another state or with a foreign nation, nor engage in war, except by consent of "the United States in congress a.s.sembled;" nor keep vessels of war or a standing army in time of peace, except such number as congress should deem necessary.

Reasons for the peculiarities.--Suffering breeds caution. Every one of the peculiarities was based upon distrust.

The people were afraid to trust their delegates. This is manifest in the shortness of the term, the provision for recall, the reserved right to control the delegates by controlling their pay, and the limitation as to service.

The states were afraid of each other, especially were the small states distrustful of the large ones. This is evidenced in the provision that each state should have one vote. By this arrangement the states had equal power in the congress.

The people and the states were afraid of the general government. A central government was a necessity, but it was given only very limited powers. The people would not have an executive officer, because they feared anything resembling kingly rule. They did not dare to establish a national judiciary having jurisdiction over persons and property, because their experience with "trials beyond the sea" had made them wary of outside tribunals.

It is to be observed, however, that with all their distrust, in spite of the fact that their colonial or state jealousies and habits had returned upon them, notwithstanding their specific statement in the instrument itself that "each state retains its sovereignty," the instinct of nationality was yet strong enough to cause them to continue in the general government the actual sovereign powers. Thus, the "United States" alone could treat with foreign nations, declare war, and make peace. Another great sovereign power, that of coining money, was unfortunately shared by the states.

Their defects.--The great defect in the articles of confederation was that they placed too little power in the hands of the general government.

Although congress possessed the right to declare war, it could only apportion the quota of men to each state; the states raised the troops.

And so on with the other powers. The government of the United States during the confederation period was "a name without a body, a shadow without a substance." An eminent statesman of the time remarked that "by this political compact the continental congress have exclusive power for the following purposes without being able to execute one of them: They may make and conclude treaties; but they can only recommend the observance of them. They may appoint amba.s.sadors; but they cannot defray even the expenses of their tables. They may borrow money on the faith of the Union; but they cannot pay a dollar. They may coin money; but they cannot buy an ounce of bullion. They may make war and determine what troops are necessary; but they cannot raise a single soldier. In short, they may declare everything, but they can do nothing."

The consequences.--"The history of the confederation during the twelve years beyond which it was not able to maintain itself, is the history of the utter prostration, throughout the whole country, of every public and private interest,--of that which was, beyond all comparison, the most trying period of our national and social life. For it was the extreme weakness of the confederate government, if such it could be called, which caused the war of independence to drag its slow length along through seven dreary years, and which, but for a providential concurrence of circ.u.mstances in Europe, must have prevented it from reaching any other than a disastrous conclusion. When, at last, peace was proclaimed, the confederate congress had dwindled down to a feeble junto of about twenty persons, and was so degraded and demoralized, that its decisions were hardly more respected than those of any voluntary and irresponsible a.s.sociation. The treaties which the confederation had made with foreign powers, it was forced to see violated, and treated with contempt by its own members; which brought upon it distrust from its friends, and scorn from its enemies. It had no standing among the nations of the world, because it had no power to secure the faith of its national obligations.

For want of an uniform system of duties and imposts, [Footnote: Each state regulated its own commerce.] and by conflicting commercial regulations in the different states, the commerce of the whole country was prostrated and well-nigh ruined.... Bankruptcy and distress were the rule rather than the exception.... The currency of the country had hardly a nominal value. The states themselves were the objects of jealous hostility to each other....

In some of the states rebellion was already raising its horrid front, threatening the overthrow of all regular government and the inauguration or universal anarchy." [Footnote: Dr. J. H. McIlvaine in Princeton Review, October, 1861. Read also Fiske's Critical Period of American History, chapter IV.]

CHAPTER XIX.

THE ORIGIN OF THE CONSt.i.tUTION.

"For several years efforts were made by some of our wisest and best patriots to procure an enlargement of the powers of the continental congress, but from the predominance of state jealousies, and the supposed incompatibility of state interests with each other, they all failed. At length, however, it became apparent, that the confederation, being left without resources and without powers, must soon expire of its own debility. It had not only lost all vigor, but it had ceased even to be respected. It had approached the last stages of its decline; and the only question which remained was whether it should be left to a silent dissolution, or an attempt should be made to form a more efficient government before the great interests of the Union were buried beneath its ruins." [Footnote: Story]

Preliminary Movements.--In 1785 a resolution was pa.s.sed by the legislature of Ma.s.sachusetts declaring the articles of confederation inadequate, and suggesting a convention of delegates from all the states to amend them. No action, however, was taken. In the same year commissioners from Virginia and Maryland met at Alexandria, Va., to arrange differences relative to the navigation of the Potomac, the Roanoke, and Chesapeake Bay. The deliberations showed the necessity of having other states partic.i.p.ate in the arrangement of a compact. In 1786 the legislature of Virginia appointed commissioners "to meet such as might be appointed by the other states of the Union, ... to take into consideration the trade of the United States." Only four states accepted the invitation. Commissioners from the five states met at Annapolis, and framed a report advising that the states appoint commissioners "to meet at Philadelphia on the second Monday in May next, to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the const.i.tution of the federal government adequate to the exigencies of the Union." [Footnote: Elliot's Debates] In accordance with this suggestion, congress pa.s.sed a resolution, February 21, 1787, recommending that a convention of delegates, "who shall have been appointed by the several states, be held at Philadelphia, for the sole and express purpose of revising the articles of confederation." [Footnote: Elliott's Debates]

The Const.i.tutional Convention.--In response to the call of congress, delegates from all the states except Rhode Island met in Philadelphia. By May 25, a quorum had a.s.sembled, the convention organized, with George Was.h.i.+ngton as chairman, and began its momentous work.

It was soon discovered that it would be useless to attempt to amend the articles of confederation. They were radically defective, and a new plan of government was seen to be necessary. The _national_ idea must be re-established as the basis of the political organization.

"It was objected by some members that they had no power, no authority, to construct a new government. They certainly had no authority, if their decisions were to be final; and no authority whatever, under the articles of confederation, to adopt the course they did. But they knew that their labors were only to be suggestions; and that they as well as any private individuals, and any private individuals as well as they, had a right to propose a plan of government to the people for their adoption.... The people, by their expressed will, transformed this suggestion, this proposal, into an organic law, and the people might have done the same with a const.i.tution submitted to them by a single citizen." [Pomeroy's Const.i.tutional Law, p. 55]

The labors of the convention lasted four months. The const.i.tution was agreed to September 15, 1787.

Some of the difficulties encountered.--Of these perhaps the most formidable was the adjustment of power so as to satisfy both the large and the small states. So long as the idea of having the congress consist of one house remained, this difficulty seemed insurmountable. But the proposal of the bicameral congress proved a happy solution of the question. [Footnote: See discussion of section 1, Article I., Const.i.tution, page 124.]

Although so much distress had followed state regulation of commerce, and although most of the delegates from the commercial states were in favor of vesting this power in the federal government, it was only after much deliberation, and after making the concession that no export duties should be levied, that the power to regulate commerce was vested in congress.

Another perplexing question was the regulation of the slave trade. For two days there was a stormy debate on this question. By a compromise congress was forbidden to prohibit the importation of slaves prior to 1808, but the imposition of a tax of ten dollars a head was permitted.

The men who const.i.tuted the convention.--The convention included such men as George Was.h.i.+ngton, Alexander Hamilton, Benjamin Franklin, James Madison, Roger Sherman, Gouverneur Morris, Edmund Randolph, and the Pinckneys. "Of the destructive element, that which can point out defects but cannot remedy them, which is eager to tear down but inapt to build up, it would be difficult to name a representative in the convention."

[Footnote: Cyclopedia of Political Science, vol. I., article "Compromises."]

The const.i.tution a growth.--The const.i.tution was not an entirely new invention. The men who prepared it were wise enough not to theorize very much, but rather to avail themselves of the experience of the ages. Almost every state furnished some feature. For instance: The t.i.tle President had been used in Pennsylvania, New Hamps.h.i.+re, Delaware, and South Carolina; The term Senate had been used in eight states; the appointment and confirmation of judicial officers had been practiced in all the states; the practice of New York suggested the president's message, and that of Ma.s.sachusetts his veto; each power of the president had its a.n.a.logy in some state; the office of vice-president came from that of lieutenant governor in several of the states.

Some of its peculiarities.--And yet the instrument is one of the most remarkable ever penned by man.

1. _It is short_. It would not occupy more than about two columns of a newspaper.

2. _It covers the right ground_. It deals with things permanent, and leaves transient matters to legislation. Its adaptation to our needs is seen in the fact that it has remained substantially unchanged, although in territory and population our country has grown immensely.

3. _It is a model in arrangement and language_. The lucidity and perspicuity of the language of the const.i.tution have called forth expressions of admiration from all who have studied it carefully.

Probably its master-stroke is the creation of the national judiciary.

Let us now proceed to a study of the instrument itself, prepared to weigh carefully every sentence.