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Steps Toward Union.—Articles of Confederation.

Previous to 1774 the thirteen English colonies in America had had no political or governmental connection with each other. Any attempt on their part to unite without the consent of the English King or Parliament would have been considered an act beyond their powers and as insubordination towards the English government.

#New England Confederation.#—In 1643 there was formed a union of the four colonies of Connecticut, New Hampshire, Plymouth, and Massachusetts Bay, termed the "New England Confederation," which lasted forty years; but this was merely a union for mutual protection against their common foes, the French, the Dutch, and the Indians, and not for joint legislation or government. It was a defensive alliance.

#The Albany Convention.#—(Franklin's Plan.) In 1754, however, there was held a meeting of the colonies of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, and Maryland, called the "Albany Convention," in which was proposed a union of all the colonies under one government. Benjamin Franklin, the chief promoter of this scheme, drew up an elaborate constitution which was to be adopted. According to this plan there was to be a chief executive, elected by the king, and a council of 48 members, to be chosen by the legislatures of the several colonies. This scheme failed to obtain either the consent of the king or of the colonies themselves. It was too much of a union to suit the king, and not enough for the colonies. #The Stamp Act Congress.#—The indignation aroused by the attempt of England to tax her colonies without allowing them a voice in the Parliament which imposed such taxes, gave rise in 1765 to a meeting of delegates from eight of the colonies. This assembly was called the "Stamp Act Congress." The obnoxious Stamp Act was repealed, but England continued to impose other taxes.

#First Continental Congress.#—An invitation was sent out by Virginia to all the colonies, calling a meeting of delegates to consider what could be done by their united action to resist their common grievance. Thus met the "First Continental Congress" in 1774, in which all the colonies but Georgia were represented. This Congress adopted a declaration of rights and grievances. The colonies maintained that as long as they were unrepresented in the English legislature (Parliament), taxes should be imposed only by their own legislatures; also, that they were entitled to the rights, liberties, and immunities of free, natural-born subjects within the realm of England.

#The Second Continental Congress.#—On May 10, 1775, assembled the Second Continental Congress, in which all the thirteen colonies were represented. The battle of Lexington had then been fought, and blood had been shed. Though the colonies had as yet no intention of throwing off all connection with England, they were now prepared to resist with arms any invasion of their rights. The work performed by this body has been concisely and forcibly stated by Schouler.[1] He says: "Thus originated that remarkable body known as the Continental Congress, which, with its periodical sessions and frequent changes of membership, bore for fifteen years the symbols of Federal power in America; which, as a single house of deputies acting by Colonies or States, and blending with legislative authority, imperfect executive and judicial functions, raised armies, laid taxes, contracted a common debt, negotiated foreign treaties, made war and peace; which, in the name and with the assumed warrant of the thirteen colonies, declared their independence of Great Britain, and by God's blessing accomplished it; which, having framed and promulgated a plan of general confederation, persuaded these same thirteen republics to adopt it, each making a sacrifice of its sovereignty for the sake of establishing a perpetual league, to be known as the United States of America, a league preserved until in the fullness of time came a more perfect Union."

[Footnote 1: Hist. U.S., Vol. I, p. 13.]

The acts of this Congress were the first legislative acts by the joint action of the colonies.

The Second Continental Congress was essentially a revolutionary body. That is to say, the authority for its acts rested upon no definite grant of powers by the colonies, but was assumed by it to meet the crisis of war. Properly speaking, it could hardly be called a government. It was more in the nature of a directing advisory committee. Its commands possessed a recommendatory character only, and it was entirely without executive officers, or legal control over either individuals or the colonies.

#The Articles of Confederation.#—A stronger central power than that afforded by the Continental Congress was seen to be a necessity. Accordingly, in 1777, there was drawn up a scheme of union embraced in a paper termed "The Articles of Confederation." These articles, though adopted as early as 1777, did not go into effect until 1781, the provision being that they should not be considered as in force until ratified by all the colonies, and several refused to ratify until all state claims to western territory were relinquished in favor of the National Government.

#Elements Tending to Separation and Those Tending to Union.#—We must remember that this was a union of thirteen previously separate colonies. The facts which had tended to keep them apart had been the difficulty of travel and communication between the colonies, the lack of commercial intercourse, but more than all, their local jealousies. The small States feared the larger; commercial jealousies were very keen. In 1756 Georgia and South Carolina actually came to blows over a dispute as to the navigation of the Savannah river. Other disputes about boundaries were frequent. Colonies with good harbors and seaports desired to keep the benefits of them exclusively to themselves. At that time, too, the people of the thirteen colonies were far more widely separated in their forms of government, their industrial habits and social customs than they now are. On the other hand, the old facts which tended to urge on a common union between them were common race, language, and nationality, many similar political institutions, and, most of all, common interests and a common peril.

#The Purposes of the Confederation.#—The purposes of this Confederation are best stated by giving Article III of the Articles:

"The said States hereby severally enter into a firm league of friendship with each other for their common defense and security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force offered to or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretext whatever."

#Scheme of Government under the Articles of Confederation.#—The Articles of Confederation established a framework of government for the confederated colonies, which government was to control those matters that experience had shown could be executed only by united action. As a scheme of government it was no better than a makeshift. It was an effort to form a federal power without diminishing the powers of the States—an effort "to pare off slices of state government without diminishing the loaf." That such a union could be perpetual, as the scheme professed, was impossible.

Under these Articles of Confederation the sole functions of the federal authority, legislative, executive, and judicial, were vested in a Continental Congress, consisting of a single house of delegates, who voted by States, and were appointed annually in such a manner as the respective States directed. Each State was entitled to not less than two nor more than seven delegates, a majority of whom decided the vote of the State in question. The executive functions were largely performed by a Committee of States, which was empowered to sit during recesses. For all important measures the vote of every State was required. The vote of all thirteen was required for an amendment.

#Defects of the Articles of Confederation.#—In this scheme of union there were many fatal defects. The principal of these defects were—

1. The want of some compulsory means of enforcing obedience to the acts of Congress. The articles provided neither an executive power nor a national judiciary worth mentioning. As one writer has said: "Congress could declare everything, but do nothing." A single colony could with impunity disregard any decree of the Congress.

2. The large vote required to pass all important measures.

3. The absence of the right to regulate foreign commerce, and make duties uniform, and to collect those duties. This defect, as we shall find, was one of the most vital, and more than any thing else decreed the failure of the practical working of the Confederation, and showed the necessity of a better and stronger National government.

4. The virtual impossibility of amendment. Since a unanimous vote was required, the selfish interest of one State could, and did, stand in the way of an amendment beneficial and necessary to the other twelve.

5. There was no power to enforce treaties. Foreign countries recognized this, and therefore refused to enter into any treaties with us. Washington said: "We are one nation to-day, and thirteen to-morrow. Who will treat with us on such terms."

England refused to carry out the conditions of the treaty of 1783, and continued to keep troops on our Western borders.

6. The central authority had insufficient power to control disputes arising between the States.

7. The lack of a Federal judiciary.

8. Lack of power to collect taxes, or to raise revenue to defray even the ordinary expenses of government. This was the most striking and important defect of them all. The whole power given to Congress under this head was the power "to ascertain the sum necessary to be raised for the service of the United States, and apportion the rate or proportion on each State." The collection of such taxes was left to the States themselves, and if they refused (as they frequently did) the Federal Government had no power to compel them.

Our present better government was "wrung from the grinding necessities of a reluctant people."

#Adoption of the Constitution.#—Actual hostilities ceased in 1781. In 1783 peace with England was declared, and the independence of the colonies was achieved. The war left the American people with an empty treasury, and a country drained of its wealth and impoverished by the exhaustive struggle. It left us with a large national debt, both to our own citizens and friends abroad, and most of all, left us with an army of unpaid patriotic soldiers. And no sooner had foreign danger been removed than domestic troubles arose which filled all with gloomy forebodings for the future. With the loss of that cohesive principle which common danger supplied them, the colonies now began to fall apart. Even during the progress of the war the weakness of the Union had shown itself. Washington unhesitatingly declared that it was the lack of sufficient central authority that caused the prolongation of the war. One instance will show how weak was the Federal authority. During the summer of 1783, when Congress was at Philadelphia, some eighty deserters from the army so threatened Congress as to force a removal of our Federal capital from that place to Princeton. The Continental finances were in a deplorable condition. Congress could not even collect sufficient taxes for the payment of the interest on the public debt. The States could, and often did, refuse to pay their proportion of taxes imposed upon them by Congress. Congress made a last attempt, in 1785, to raise a revenue by a tax on imported goods, but this measure failed, New York refusing to ratify. Congress, indeed, did not collect one-fourth of her demands. Commerce was going to ruin. England refused to allow our country the rich trade with the West Indies. To these troubles were added the mutual jealousies and selfishness of the States. Each of them tried to attract commerce to itself, and passed laws hurtful to the other States.

The people in Massachusetts were in insurrection. The French minister wrote to his country: "There is now no general government in America—no head, no Congress, no administrative departments."

For all these evils the limited and imperfect powers conferred upon the Federal Government by the articles of Confederation afforded no adequate remedy. Even the Constitutional Congress was now in danger of breaking up. States, to save expense, neglected to send delegates, and repeated appeals had to be made to get representation from nine States so as to pass important measures. A better union was seen by all thoughtful citizens to be necessary, but very difficult to obtain, owing to inter-state differences. The idea of having a convention separate from the Congress, whose work should be the framing of a stronger government, gradually gained ground.

The Constitutional Convention was obtained in a roundabout way, and only after repeated failures. The first attempt to obtain an assembly of representatives was made at Annapolis, Maryland. Only five States sent representatives, and the convention accordingly adjourned to Philadelphia, where in May, 1778, delegates from all the States, except Rhode Island, finally assembled.