CHAPTER IX.

THE OLD CONFEDERATION

[1781]

The Revolutionary Congress was less a government than an exigency

committee. It had no authority save in tacit general consent. Need of an

express and permanent league was felt at an early date. Articles of

Confederation, framed by Dickinson, of Pennsylvania, were adopted by

Congress in November, 1777. They were then submitted to the State

Legislatures for ratification. By the spring of 1779 all the States but

Maryland had given their approval. Upon the accession of the latter, on

March 1, 1781, the articles went into effect at once.

The Confederation bound the States together into a "firm league of

friendship" for common defence and welfare, and this "union" was to be

"perpetual." Each State retained its "sovereignty" and "independence,"

as well as every power not "expressly delegated" to the central

Government. Inhabitants of each State were entitled to all the

privileges of citizens in the several States. Criminals fleeing from one

State to another were to be returned.

Congress was composed of delegates chosen annually, each State being

represented by not less than two or more than seven. Each State had but

one vote, whatever the number of its delegates.

Taxation and the regulation of commerce were reserved to the State

Governments. On the other hand, Congress alone could declare peace or

war, make treaties, coin money, establish a post-office, deal with

Indians outside of the States, direct the army, and appoint generals and

naval officers. Many other things affecting all the States alike,

Congress alone could do. It was to erect courts for trial of felonies

and piracies on the high seas, and appoint judges for the settlement of

disputes between the States. It was to make estimates for national

expenses, and request of each State its quota of revenue.

To amend the Articles, the votes of the entire thirteen States were

demanded. Important lesser measures--such as those regarding war or

peace, treaties, coinage, loans, appropriations--required the consent of

nine States. Upon other questions a majority was sufficient. A

committee, composed of one delegate from each State, was to sit during

the recess of Congress, having the general superintendence of national

affairs.

The faults of the Confederation were numerous and great. Three

outshadowed the rest: Congress could not enforce its will, could not

collect a revenue, could not regulate commerce.

Congress could not touch individuals; it must act through the State

Governments, and these it had no power to coerce. Five States, for

instance, passed laws which violated the treaty provision about payment

of British creditors; yet Congress could do nothing but remonstrate.

Hence its power to make treaties was almost a nullity. European nations

did not wish to treat with a Government that could not enforce its

promises.

Congress could make requisition upon the States for revenue, but had no

authority to collect a single penny. The States complied or not as they

chose. In October, 1781, Congress asked for $8,000,000; in January,

1783, it had received less than half a million. Lack of revenue made the

Government continually helpless and often contemptible.

Yet in spite of their looseness and other faults, the adoption of the

Articles of Confederation was a forward step in American public law.

Their greatest value was this: they helped to keep before the States the

thought of union, while at the same time, by their very inefficiency,

they proved the need of a stronger government to make union something

more than a thought. The years immediately after the war were an

extremely critical period. The colonies had indeed passed through the

Red Sea, but the wilderness still lay before them. The great danger

which had driven them into union being past, State pride and jealousy

broke out afresh. "My State," not "my country," was the foremost thought

in most minds. There was serious danger that each State would go its own

way, and firm union come, if at all, only after years of weakness and

disaster, if not of war. The unfriendly nations of Europe were eagerly

anticipating such result. At this juncture the Articles of

Confederation, framed during the war when union was felt to be

imperative, did invaluable service. They solemnly committed the States

to perpetual union. Their provisions for extradition of criminals and

for inter-State citizenship helped to break down the barriers between

State and State. Congress, by discharging its various duties on behalf

of all the States, kept steadily before the public mind the idea of a

national government, armed with at least a semblance of authority.

[Illustration: Coin.]

The Franklin Penny.

"United States" "We Are One"

"Fugio" "1787" "Mind Your Business"

[1783]

The war had cost about $150,000,000. In 1783 the debt was

$42,000,000--$8,000,000 owed in France and Holland, and the rest at

home. The States contributed in so niggardly a way that even the

interest could not be paid. Five millions were owing to the army. Deep

and ominous discontent spread among officers and men. An obscure

colonel, supposed to be the agent of more prominent men, wrote to

Washington, advocating a monarchy as the only salvation for the country,

and inviting him to become king. In the spring of 1783 an anonymous

address, of menacing tone, was circulated in the army, calling upon it

for measures to force its rights from an ungrateful country.

[1785]

That the army disbanded quietly at last, with only three months' pay, in

certificates depreciated nine-tenths, was due almost wholly to the

boundless influence of Washington. How powerless the Government would

have been to resist an uprising of the army, was shown by a humiliating

incident. In June, 1783, a handful of Pennsylvania troops, clamoring for

their pay, besieged the doors of Congress, and that august body had to

take refuge in precipitate flight.

The country suffered greatly for lack of uniform commercial laws. So

long as each State laid its own imposts, and goods free of duty in one

State might be practically excluded from another, Congress could

negotiate no valuable treaties of commerce abroad.

The chief immediate distress was from this wretchedness of our

commercial relations, whether foreign or between the States at home. If

our fathers would be independent, king and parliament were determined to

make them pay dearly for the privilege. Accordingly Great Britain laid

tariffs upon all our exports thither. What was much harder to bear, an

order of the king in council, July 2, 1783, utterly forbade American

ships to engage in that British West-Indian trade which had always been

a chief source of our wealth. The sole remedy for these abuses in

dealing with England at that time was retaliation, but Congress had no

authority to take retaliatory steps, while the separate States could not

or would not act sufficiently in harmony to do so. If one imposed

customs duties, another would open wide its ports, filling the markets

of the first with British goods by overland trade, so that the customs

law of the first availed nothing. If Pennsylvania and New York laid

tariffs on foreign commodities, New Jersey and Connecticut people, in

buying imported articles from Philadelphia or New York, were paying

taxes to those greater States. North Carolina was in the same manner a

forced tributary to South Carolina and Virginia, as were portions of

Connecticut and Massachusetts to Rhode Island.

[Illustration: Coin.]

Dollar of 1794.

The First United States Coin.

"Liberty" "1794" "United States of America"

We also needed a complete system of courts, departments for foreign and

Indian affairs, and an efficient executive. The single vote for each

State was unfair, allowing one-third of the people to defeat the will of

the rest. The article requiring the consent of nine States made it

almost impossible to get important measures through Congress. Delegates

should not have been paid by their respective States. In consequence of

this provision, coupled with other things, Congress decreased in numbers

and importance. In November, 1783, less than twenty delegates were

present, representing but seven States, and Congress had to appeal to

the recreant States to send back their representatives before the treaty

of peace could be ratified.

[1787]

But the one grand defect of the Confederation, underlying all others,

was lack of power. The Government was an engine without steam. The

States, just escaped from the tyranny of a king, would brook no new

authority strong enough to endanger their liberties. The result was a

thin ghost of a government set in charge over a lot of lusty

flesh-and-blood States.

The Confederation, however, did one piece of solid work worthy of

everlasting praise. The Northwest Territory, embracing what is now Ohio,

Indiana. Illinois, Michigan, and Wisconsin, had been ceded to the Union

by the States which originally claimed it. July 13, 1787, Congress

adopted for the government of the territory the famous Ordinance of

1787. It provided for a governor, council, and judges, to be appointed

by Congress, and a house of representatives elected by the people. Its

shining excellence was a series of compacts between the States and the

territory, which guaranteed religious liberty, made grants of land and

other liberal provisions for schools and colleges, and forever

prohibited slavery in the territory or the States which should be made

out of it. Thus were laid broad and deep the foundation for the full and

free development of humanity in a region larger than the whole German

Empire.

The passing of the Ordinance was probably due in large measure to the

influence of the Ohio Company, a colonist society organized in Boston

the year before. It was composed of the flower of the Revolutionary

army, and had wealth, energy, and intelligence. When its agent appeared

before Congress to arrange for the purchase of five million acres of

land in the Ohio Valley, a bill for the government of the territory,

containing neither the antislavery clause nor the immortal principles of

the compacts, was on the eve of passage. The Company, composed mostly of

Massachusetts men, strongly desired their future home to be upon free

soil. Their influence prevailed with Congress, eager for revenue from

the sale of lands, and even the Southern members voted unanimously for

the remodelled ordinance. The establishment of a strong and enlightened

government in the territory led to its rapid settlement. Marietta, 0.,

was founded in April, 1788, and other colonies followed in rapid

succession.

History of the United States, Volume 2 · 第 9 / 11 章