commissions. And all civil officers are to be nominated by the Grand Council, and to receive the President-General's approbation before they officiate. It was thought it might be very prejudicial to the service, to have officers appointed unknown to the people, or unacceptable, the generality of Americans serving willingly under officers they know; and not caring to engage in the service under strangers, or such as are often appointed by governors through favour or interest. The service here meant, is not the stated, settled service in standing troops; but any sudden and short service, either for defence of our colonies, or invading the enemy's country; (such as the expedition to Cape Breton in the last war; in which many substantial farmers and tradesmen engaged as common soldiers, under officers of their own country, for whom they had an esteem and affection; who would not have engaged in a standing army, or under officers from England.) It was therefore thought best to give the council the power of approving the officers, which the people will look upon as a great security of their being good men. And without some such provision as this, it was thought the expense of engaging men in the service on any emergency would be much greater, and the number who could be induced to engage much less; and that therefore it would be most for the king's service and general benefit of the nation, that the prerogative should relax a little in this particular throughout all the colonies in America; as it had already done much more in the charters of some particular colonies, viz. Connecticut and Rhode Island. The civil officers will be chiefly treasurers and collectors of taxes; and the suitable persons are most likely to be known by the council. VACANCIES, HOW SUPPLIED But, in case of vacancy by death or removal of any officer civil or military under this constitution, the Governor of the province in which such vacancy happens may appoint, till the pleasure of the President-General and Grand Council can be known. The vacancies were thought best supplied by the governors in each province, till a new appointment can be regularly made; otherwise the service might suffer before the meeting of the president-general and grand council. EACH COLONY MAY DEFEND ITSELF ON EMERGENCY, &c. That the particular military as well as civil establishments in each colony remain in their present state, the general constitution notwithstanding; and that on sudden emergencies any colony may defend itself, and lay the accounts of expense thence arising before the President-General and General Council, who may allow and order payment of the same, as far as they judge such accounts just and reasonable. Otherwise the union of the whole would weaken the parts, contrary to the design of the union. The accounts are to be judged of by the president-general and grand council, and allowed if found reasonable. This was thought necessary to encourage colonies to defend themselves, as the expense would be light when borne by the whole; and also to check imprudent and lavish expense in such defences.1 IV. BENJAMIN FRANKLIN'S SKETCH OF ARTICLES OF CONFEDERATION 2 Read before Congress July 21, 1775. ARTICLES OF CONFEDERATION AND PERPETUAL UNION, ENTRED IN BY THE Met at Philadelphia May 10. 1775. ART. I. The Name of this Confederacy shall henceforth be THE UNITED COLONIES OF NORTH AMERICA. 1 In Carey's American Museum, 1789, February (pp. 190-194), March (pp. 285-288), April (pp. 365-368), there is an elaborate article, "Albany Plan of Union," at the conclusion of which appears the following: "Remark February 9, 1789. "On Reflection it now seems probable, that if the foregoing Plan or something like it had been adopted and carried into Execution, the subsequent Separation of the Colonies from the Mother Country might not so soon have happened, nor the Mischiefs suffered on both sides have occurred perhaps during another Century. For the Colonies, if so united, would have really been, as they then thought themselves, sufficient to their own Defence, and being trusted with it, as by the Plan, an Army from Britain, for that purpose would have been unnecessary; The Pretences for framing the Stamp Act would then not have existed, nor the other Projects for drawing a Revenue from America to Britain by Act of Parliament, which were the Causes of the Breach & attended with such terrible Expense of Blood and Treasure; so that the different Parts of the Empire might still have remained in Peace and Union. But the Fate of this Plan was singular. For then after many Days thorough Discussion of all its Parts in Congress it was unanimously agreed to, and Copies ordered to be sent to the Assembly of each Province for Concurrence, and one to the Ministry in England for the Approbation of the Crown. The Crown disapproved it, as having placed too much Weight in the Democratic Part of the Constitution; and every Assembly as having allowed too much to Prerogative. So it was totally rejected." The above, as printed in The Museum, omits the word “Remark," but bears date at the bottom, Philadelphia, April 9, 1789. It was written by Dr. Franklin and accompanied the following letter: "Sir "I thank you for the Opportunity you propose to give me of making Alterations in those old Pieces of mine which you intend to republish in your Museum. I have no Inclination to make any Changes in them; but should like to see the Proof Sheet, supposing your Copies may possibly be incorrect. And if you have no Objection, you may follow the Albany Plan with the enclosed Remark but not as from me. The originals of the above papers, in the handwriting of Dr. Franklin, are in my possession. HENRY CAREY BAIRD, ED. PHILADELPHIA. 2 Reprinted from Albert Henry Smyth, The Writings of Benjamin Franklin (New York, The Macmillan Co.), Vol. vi, pp. 420–426. 3 A contemporary copy exists among the papers of the Continental Congress (vol. 47, ART. II. The said United Colonies hereby severally enter into a firm League of Friendship with each other, binding [on] themselves and their Posterity, for [their common] Defence against their Enemies, for the Security of their Liberties and Properties, the Safety of their Persons and Families, and their mutual and general Welfare. ART. III. That each Colony shall enjoy and retain as much as it may think fit of its own present Laws, Customs, Rights, Privileges, and peculiar jurisdictions within its own Limits; and may amend its own Constitution, as shall seem best to its own Assembly or Convention. ART. IV. That for the more convenient Management of general Interests, Delegates shall be annually elected in each Colony, to meet in General Congress at such Time and Place as shall be agreed on in the next preceding Congress. Only, where particular Circumstances do not make a Duration necessary, it is understood to be a Rule, that each succeeding Congress be held in a different Colony, till the whole Number be gone through; and so in perpetual Rotation; and that accordingly the next [Congress] after the present shall be held at Annapolis, in Maryland. ART. V. That the Power and Duty of the Congress shall extend to the Determining on War and Peace; the entring into Alliances, [sending and receiving ambassadors] (the reconciliation with Great Britain); the settling all Disputes and Differences between Colony and Colony, [about Limits or any other cause,] if such should arise; and the Planting of new Colonies; when proper. The Congress shall also make such general [ordinances] as, tho' necessary to the General Welfare, particular Assemblies cannot be competent to, viz. [those that may relate to our general] Commerce, or general Currency; the establishment of Posts; [and] the Regulation of [our common] Forces. The Congress shall also have the appointment of all General Officers, civil and military, appertaining to the general Confederacy, such as General Treasurer, Secretary, &c. ART. VI. All Charges of Wars, and all other general Expences [to be] incurr'd for the common Welfare, shall be defray'd out of a common Treasury, which is to be supply'd by each Colony in proportion to its Number of Male Polls between 16 and 60 Years of Age; the Taxes for paying that Proportion [are] to be laid and levied by [the] Laws of each Colony. folios 1-7), L. C. It is endorsed by Franklin: Sketch of Articles of Confederation," and, in a different hand, "Read before Congress July 21, 1775."- Smyth's note. ART. VII. The Number of Delegates to be elected and sent to the Congress by each Colony shall be regulated, from time to time, by the Number of [such] Polls return'd; so as that one Delegate be allowed for every 5000 Polls. And the Delegates are to bring with them to every Congress an authenticated return of triennially the number of Polls in their respective Provinces, [which is] to be annually taken for the Purposes above mentioned. ART. VIII. At every Meeting of the Congress, one half of the Members return'd, exclusive of Proxies, be necessary to make a Quorum; and each Delegate at the Congress shall have a Vote in all Cases, and, if necessarily absent, shall be allow'd to appoint [any other Delegate from the same Colony to be his] Proxy, who may vote for him. ART. IX. An executive Council shall be appointed by the Congress [out of their own Body,] consisting of 12 Persons; of whom, in the first appointment, [one third, viz.] (four,) shall be for one Year, (four) for two Years, and (four) for three Years; and as the said terms expire, the Vacancies shall be filled by appointments for three Years; whereby one Third of the Members will be changed annually. And each Person who has served the said Term [of three Years] as Counsellor, shall have a Respite of three Years, before he can be elected again. This Council, [of whom two thirds shall be a Quorum] in the Recess of Congress, is to execute what shall have been enjoin'd thereby; [to] manage the general [Continental] Business and Interests; to receive applications from foreign Countries; [to] prepare Matters for the Consideration of the Congress; to fill up, [pro tempore,] [continental] offices, that fall vacant; and to draw on the General Treasurer for such Monies as may be necessary for general Services, and appropriated by the Congress to such Services. ART. X. No Colony shall engage in an offensive War with any Nation of Indians without the Consent of the Congress, or great Council above mentioned, who are first to consider the Justice and Necessity of such War. ART. XI. A perpetual Alliance, offensive and defensive, is to be entred into as soon as may be with the Six Nations; their Limits to be ascertain'd and secur'd to them; their Land not to be encroach'd on, nor any private [or Colony] Purchases made of them hereafter to be held good; nor any [Contract for Lands] to be made, but between the Great Council [of the Indians] at Onondaga and the General Con gress. The Boundaries and Lands of all the other Indians shall also be [ascertain'd and] secur'd to them [in the same manner,] and Persons appointed to reside among them in proper Districts; who shall take care to prevent Injustice in the Trade with them; [and be enabled at our general Expence,] by occasional small supplies, to relieve their personal Wants and Distresses. And all Purchases from them shall be by the Congress, for the General Advantage and Benefit of the United Colonies. ART. XII. As all new Institutions may have Imperfections, which only Time and Experience can discover, it is agreed, that the General Congress, from time [to time,] shall propose such amendments of the Constitution as may be found necessary; which, being approv'd by a Majority of the Colony Assemblies, shall be equally binding with the rest of the Articles of this Confederation. ART. XIII. Any and every Colony from Great Britain [upon the continent of North America,] not at present engag'd in our Association, may, upon application [and joining the said Association,] be receiv'd into the Confederation, viz. [Ireland,] the West India Islands, Quebec, St. John's, Nova Scotia, Bermudas, and the East and West Floridas; and shall [thereupon] be entitled to all the advantages of our Union, mutual Assistance, and Commerce. These Articles shall be propos'd to the several Provincial Conventions or Assemblies, to be by them consider'd; and if approved, they are advis'd to impower their Delegates to agree to and ratify the same in the ensuing Congress. After which the Union thereby establish'd is to continue firm, till the Terms of Reconciliation proposed in the Petition of the last Congress to the King are agreed to; till the Acts since made, restraining the American Commerce [and Fisheries,] are repeal'd; till Reparation is made for the Injury done to Boston, by shutting up its Port, for the Burning of Charlestown, and for the Expence of this unjust War; and till all the British Troops are withdrawn from America. On the Arrival of these Events, the Colonies return to their former Connection and Friendship with Britain: But on Failure thereof, this Confederation is to be perpetual. READ BEFORE CONGRESS JULY 21, 1775 Whereas. It hath pleased God to bless these countries with a most plentiful 1 The Resolutions which follow were printed by Mr. Bigelow ("The Complete Works of Benjamin Franklin," Vol. V, p. 554) from the original Ms. in D. S. W. They had been earlier printed in the Archives of New Jersey, Vol. X, p. 691. The use of brackets, etc., in the following text is thus explained by Mr. Worthington C. Ford. "As I find some differences between the articles as printed in the New Jersey Archives, I have taken the original on the enclosed sheets, giving the parts erased, and also distinguishing the carets or interlinear words thus []. The 'free-trade' resolutions were brought in on the same day as the articles, are written on the same paper, and all in B. F.'s Ms. I am quite sure they originally formed a part of the articles (although not numbered and placed in a different volume in the records of the Continental Congress). They were even endorsed Articles of Confederation,' though a pen was afterwards run through the endorsement."- Smyth's note. |