The Articles of Confederation have been so discredited by the weakness of the country while they were in force, and have been so overshadowed by the later Federal Constitution, that their constitutional history has been neglected. Yet those Articles were a greater advance on the old state of things, than the Constitution was over the Confederation. They defined, by a bold experiment, a federal government in many respects better than of the European federal systems which had preceded; and a considerable part of the Articles was incorporated by the Convention of 1787 into the new instrument of government.

any

The first appearance of a systematic plan of a federal government in Franklin's draft of 1775. Franklin had already shown in the Albany Plan of 1754 (Text in American History Leaflet No. 17), his readiness to sketch out a Colonial federal government. As soon as it became evident that the Second Continental Congress would stand by the Massachusetts people in their armed resistance, Franklin foresaw the necessity of a formal Union; and drew up the plan printed below, which was presented to Congress July

21, 1775. In the manuscript journals there is no reference to the submission of the plan, but the manuscript is preserved in the State Department in Franklin's firm and unmistakable hand, with the date of its reception endorsed upon it. From the impossible terms of adjustment which he suggests in the last paragraph, it is clear that he wished to create a permanent and independent Union. The manuscript has several interlineations, one of which-" upon the continent of North America"-is manifestly contradictory to some of the words which follow

A year later, after the ignoring of the petition of Congress and the steady drifting into a general war, Congress came to see the necessity of both independence and union. On June 11, 1776, a committee was created to draw up a Declaration of Independence; and another committee was provided for to frame the form of a Confederation; the two plans were meant to stand together. The first committee reported on July 1, and its report was adopted July 4. The other reported ten days later in a draft in the handwriting of John Dickinson of Delaware, chairman of the Committee. This draft was printed for the benefit of the members and then underwent searching and repeated debate. Notwithstanding the need of a settled government, it was not adopted by Congress till November 15, 1777, when the Secretary of Congress made up a new draft, including all amendments; and it was therefore submitted to the States for ratification. \ July 9, 1778, the members then in Congress from States which had already ratified, signed an engrossed roll of the Articles; and, as other States ratified, their members also signed; last of all the delegates from Maryland, March 1, 1781. ]

The three formal stages in the development of the document are, therefore, Franklin's suggestion (which was evidently before the committee of 1776), Dickinson's committee report, and the amended instrument of 1777, officially engrossed in 1778. The legal date of the instrument is that of the signatures attesting the thirteenth ratification, March 1, 1781.

All the manuscripts are preserved in the archives of the State Department; and by the courtesy of Mr. A. H. Allen, Chief Clerk of the Bureau of Rolls and Library, and of Mr. S. M. Hamilton, in charge of the archives, one of the editors has made up the copy from these manuscripts. Franklin's draft is a little injured, and lacunæ are indicated by [italics in brackets]. All other brackets appear in the manuscript. Dickinson's manuscript has been marked over, parts struck out, and later amendments written in, but fortunately, by a comparison with the copy printed for the use of Congress before the original was defaced, it is possible to restore it and to correct the printed copy. The official Articles of Confederation are in a parchment roll about ten feet long, the only one existing in the "Bureau of Rolls." It is

FRANKLIN'S DRAFT

beautifully engrossed and in almost perfect condition. It differs from the Secretary's copy of November 18, 1777, in capitalization and punctuation and a few other minor particulars.

All these documents have been several times printed. Franklin's Draft (a little modernized) is in Spark's edition of Franklin's Works, V. 91–96, and in Secret Journals of Congress, I. 283–289; Dickinson's Draft in Secret Journals of Congress, I. 290–304. The Articles of Confederation are in the Secret Journals, I. 387-401, Revised Statutes, and Hickey's Constitution, where it unwarrantably purports to be an exact transcript of the original; and in many other places.

On the constitutional history of the articles see Richard Frothingham's Rise of the Republic of the United States; George Bancroft, History of the United States (10 vol. ed.) viii. 53-98, 532, 539, 569–578, ix. 46–51 and History of the Constitution; Joseph Story, Commentaries, 222-224; George T. Curtis, History of the Constitution, I. 114-140; Timothy Pitkin, History of the United States, II. ch. xi.; biographies of Franklin, Dickinson, and Washington; H. B. Adams, in Maryland's Influence upon Land Cessions.

JULY 21, 1775.-FRANKLIN'S DRAFT.

ARTICLES OF CONFEDERATION

and perpetual Union, entered into by the Delegates of the sevproposed eral Colonies of New Hampshire [etc.] in general Congress met at Philadelphia, May, 10. 1775.

Art. I. The Name of this Confederacy shall henceforth be The United Colonies of North America.—

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 & Property, the Safety of their Persons & Families, & their mutual and general Welfare *

* Franklin appears to have written this passage at first: "for Defence and Offence, the Security of their Liberties & Property, the Safety of their Persons & Families, & their Common 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 preceeding Congress. Only where particular Circumstances do not make a Deviation 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 Gen. Officers the Determining on War and Peace, the as Treasurer sending & receiving ambassadors, and entering

Secry into Alliances, [the Reconciliation with Great Britain;] the settling of all Disputes & Differences between Colony 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; to the Establishment of Posts: & 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

FRANKLIN'S DRAFT

5

of a common Treasury, which is to be supply'd by each Colony in proportion to its Number of Male Polls between 16 & 60 Years of Age; the Taxes for paying that proportion are to be laid and levied by the Laws of each Colony.

Art. VII.

The Number of Delegates to be elected & 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 allow'd for every [5000] Polls. And the Delegates are to bring with them to every Congress an authenticated Return of the number of Polls in their respective Provinces, which is to be triennially 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 allowed 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. (4), shall be one Year, (4) for two Years, and (4) 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 the 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 neces