Thwaites, Unfavor able conditions. Favorable conditions. The Stamp Ashley, Am. Work of the Macdonald, important of these was held at Albany in 1754, to make a treaty with the Iroquois Indians which would prevent their aiding the French in case of another war. Delegates from seven colonies were present, and much of the time was spent considering a proposed Albany plan of Union suggested by Benjamin Franklin. As finally adopted by the Congress, this plan arranged for a president-general, appointed by the English King, who was to be commander-in-chief of the colonial army. Money was to be raised and expended for defensive purposes by a grand council, composed of a number of representatives from the different colonies proportional to the amount which each paid into the common treasury. This plan was universally condemned by the legislatures of the colonies, and was not considered by the English government. The time was not ripe for concerted action; nothing less than a great national movement could create a widespread demand for Union. 174. Conditions affecting Union in 1760.—The colonies were still as separate and distinct as different nations might have been. New England had little in common with the Carolinas, and many of the Puritan customs and occupations, as well as the general trend of thought, were different from those of the South. Provincial narrowness and prejudice were very pronounced, for the people of one colony had not been broadened by contact with the inhabitants of another. Yet all the elements of union were there. Practically all the colonists were Englishmen, the language was everywhere the same, the colonial systems of law were invariably built upon the common law of England, and, finally, all were of the Protestant faith. Taken in connection with the nearness of the colonies to each other and consequent unity of interests, these conditions made union natural, and, if a common danger threatened, union became inevitable. 175. The Stamp Act Congress (1765).—A spirit of union among the colonists was aroused by the adoption of a new British colonial policy. In its effort to obtain from its American possessions revenue with which to pay the expenses of maintaining an army for their protection, the English Ministry, in 1764, asked Parliament to pass a law requiring that stamped paper be used for periodicals, deeds, wills, and other legal documents. This was done in 1765, and agents were appointed to sell the stamped paper, but the colonists protested, because they thought that no internal tax could be levied upon them except by their assemblies (§ 52). The agents were compelled to resign, and feeling reached such a height that when Massachusetts suggested a congress to express their views, nine of the colonies sent delegates who met in New York in October, 1765, and drew up a "Declaration of Rights," stating that legally they could be taxed only by their representatives, that they could not be represented in Parliament, and that therefore their legislatures had the exclusive right of internal taxation in America. 176. The First Continental Congress (1774). -- In the nine years Change of that had elapsed between the Stamp Act Congress and the meeting of feeling the one known in history as the First Continental Congress, the colo- (1765-1774). nies had been growing more and more discontented with the methods used by Great Britain in taxing and governing them. In fact, several of the colonies had established (1772-1773) Committees of correspondence, which kept alive the feeling of hostility to the mother country, and formed a powerful, though partially organized, opposition. In 1774, the crisis was hastened by the suspension of the charter of Massachusetts and the establishment of a military government in the colony. So great was the feeling at this time that when Massachusetts again called for a congress to protest against the acts of Parliament, all but one of the colonies, fearful that their own governments might be changed as that of Massachusetts had been, managed to send delegates to Philadelphia, although the governors did everything in their power to prevent the selection of representatives. Work of the Macdonald, Nos. 72, 73. Hart, Con The Congress adopted a Declaration of Rights asserting that as the colonies are not, and cannot be, represented in Parliament, "they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject alone to the negative of their sovereign, in such manner as has been heretofore used and accustomed." The Congress conceded, however, the right tempoof Parliament to regulate external trade, if no duties were levied. A raries, II, little later the members of the Congress organized an American Nos.153, 154. Association, to carry out non-importation agreements. A committee Howard, was to be selected for each town, which should supervise the Revolution, action of all citizens and organize resistance to British domination. 280–294. These committees formed the first real union of the American colonists. 177. The Second Continental Congress (1775-1781). — Un- Character. like its predecessors, the Second Continental Congress was not a temporary body, for it remained in session six years without authority other than the written instructions given by the colonial legislatures to the Powers. delegates of which it was composed. It was still more unlike the preceding congresses in the character of the powers that it exercised. All of those that had met before 1775 were purely advisory bodies, content with a few suggestions, but the Second Continental Congress was ex Lecky, Am. Revolution, 205-209. Action of Ratification by the States. State sovereignty. Fiske, Period, ecutive and legislative in one. It organized an army and prepared a navy, regulated commerce, sent representatives to France and other countries, issued paper money, advised the colonies to form independent state governments, declared the united colonies free and independent of Great Britain, and proposed to the States the Articles of Confederation, by which the union of the States was legalized. At no time, however, did it possess any legal authority for the powers of Sovereignty which it actually used. THE CONFEDERATION 178. Formation of the Confederation. — The formation of a confederation included three steps: (1) the drafting of articles of union by a committee, (2) the adoption of the Articles in Congress, (3) the ratification of the Articles by the States. In June, 1776, when Congress appointed a committee to draw up a Declaration of Independence, a second committee of one from each State was selected to write out articles of union, which should define more exactly the powers of Congress and the relation of the States to one another. The Articles of Confederation reported by this committee on July 12, 1776, were debated in Congress during 1776 and 1777. Finally, in November of the latter year, they were adopted by that body with many changes, and referred to the state legislatures, for the Articles were not to become binding upon any State until ratified by all. Most of the States gave their consent without great delay, but Maryland refused to sign the Articles until her neighbor Virginia gave up her claims to that vast region in the West which Virginia had considered a part of her domain. For this reason, it took from 1776 to 1781 to form the first constitutional union of the States. - The objects of the "The said States hereby 179. The States under the Confederation. Confederation are stated in the third article. severally enter into a firm league of friendship with each other, for their common defense, the 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 pretense whatever." In doing this, however, each State claimed to retain its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by this Confederation expressly delegated to the United States in Congress assembled." 66 Nevertheless, there were several prohibitions placed upon the different state governments in order to prevent them from interfering with 1 In this Congress each State had but one vote. and other things forbidden. the work of Congress. They were not allowed to enter into negotia- Alliances tions, nor to make treaties or alliances, with one another or with foreign powers, without the consent of Congress. No army or navy could be equipped by a State, nor could any declare war, except in case of actual invasion. Duties were not to be levied by the States if they interfered with the enforcement of any commercial treaty made by Congress. One of the chief advantages of the new union was the establishment Interstate of an interstate citizenship. The citizens of every State were "entitled relations. to all the privileges and immunities of free citizens in the several States," and were allowed perfect freedom to come and go from one to another, doing business in which one they pleased. Full faith and credit was given in every State to the records and judicial proceedings of the courts and magistrates of every other, and, if a criminal fled from one State to another, he was to be given up to the officials of the State in which his trial was to take place. 180. The United States Government under the Confedera- Organization. The only central government consisted of a Congress and such tion of officers and committees as it might appoint. Each State was allowed Congress. to send to Congress from two to seven delegates, who were paid out of the state treasury and might be recalled at will; but no State, however large it might be, had more than one vote. Each year the Congress selected a president to preside over its meetings, and a committee of one from each State which looked after the affairs of the United States when the Congress was not in session. In its executive work, Congress was also assisted by the three departments of Foreign Affairs, War, and Finance. In theory, Congress controlled all matters of common interest, such Theoretical as making war or treaties, creating an army and navy, regulating the powers of value of coin, arranging treaties with the Indians, and settling inter- Congress. state disputes regarding land claims, but scarcely any important law could be passed without the consent of nine States. To pay its expenses, it had authority to borrow money or emit bills of credit, but most of the revenue was to be obtained directly from the States, each contributing the amount which Congress thought just. 181. The Defects of the Confederation. — In practice, Congress Weakness was left at the mercy of the States. It could gain no revenue from the of Congress issuance of paper, as it could not redeem its outstanding notes. The requisitions made by Congress for money were paid grudgingly or ignored entirely, and, as Congress had no means of forcing the States to pay their shares, it was compelled to borrow money for current expenses. Before long even this resource failed it, for it was unable to Curtis, Con stitutional Hist., I, 115-119, 157-167. Need of an executive. Specific and general defects. Federalist, Failure of the Confederation. Fiske, Critical Period, 142-147, 162-177. McLaugh lin, Confederation, 39-46, 55-60, 140-167. Importance of the Confederation. pay the interest on what it already owed, and its credit had become gradually poorer, until no one was willing to lend it money. In executing the laws which it passed, Congress encountered the same difficulties as in collecting revenue. It had been given power to make laws not for the people, but for the States. As there was no separate federal executive, it would have been difficult to enforce the laws of any kind under the most favorable circumstances, but, as Congress acted solely on the state governments, it was utterly unable to coerce them if they cared to ignore its requests or its laws. For this reason, although Congress had the right to pass so many laws, there was danger that it might become absolutely helpless. The four most important specific defects were: (1) the inability to provide revenue for expenses, (2) the lack of an executive or the power to enforce laws, (3) the failure to regulate commerce (§183), and (4) the impossibility of remedying these defects, because no amendments could be passed except by a unanimous vote of the States. fundamental defect grew out of the very nature of the Confederation, since each State was practically sovereign. The The 182. The Significance of the Confederation. — In order to obtain the revenue without which it could not even keep up an appearance of activity, Congress proposed amendments asking the States for permission to lay duties upon goods imported from abroad. first request was made in 1781 for a tariff of five per cent upon imports; but, as the Articles could be amended only by unanimous vote of the state legislatures, and as Rhode Island would not consent to granting this power to Congress, the amendment failed of ratification. A second attempt to gain revenue from a similar source failed because only twelve States favored the proposal. Thus Congress, without money to pay its debts, without power to enforce its demands, became less and less useful, and at length not enough of its members attended its sessions to do business. Meanwhile each State was regulating its own commerce with the other States and with foreign powers in any way that its own interests dictated, and a species of commercial warfare was being waged among some of the States. The only remedy for this condition of affairs was to have free trade within the States and uniform regulations for foreign commerce. It was therefore evident that more power must be given to Congress, or that a new central government must be established. Jealousy of any government which exercised its rule beyond the limits of any one State led the States to assert their separate sovereignty and independence. In every way the Union was sacrificed to the States, because of their deep-seated dread of a government that was not |