CHAPTER IX.

THE OLD CONFEDERATION

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 be

tween 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