Why articles of confederation
Congress sent the Articles to the states for ratification at the end of November. Most delegates realized that the Articles were a flawed compromise, but believed that it was better than an absence of formal national government.
On December 16, , Virginia was the first state to ratify. Other states ratified during the early months of The Articles required unanimous approval from the states. These smaller states wanted other states to relinquish their western land claims before they would ratify the Articles. This left Maryland as the last remaining holdout. Meanwhile, in , British forces began to conduct raids on Maryland communities in the Chesapeake Bay.
Luzerne wrote back, urging the government of Maryland to ratify the Articles of Confederation. Marylanders were given further incentive to ratify when Virginia agreed to relinquish its western land claims, and so the Maryland legislature ratified the Articles of Confederation on March 1, Livingston as Secretary of Foreign Affairs.
A further Act of Feb 22, , allowed the Secretary to ask and respond to questions during sessions of the Continental Congress. The Articles created a sovereign, national government, and, as such, limited the rights of the states to conduct their own diplomacy and foreign policy.
However, this proved difficult to enforce, as the national government could not prevent the state of Georgia from pursuing its own independent policy regarding Spanish Florida, attempting to occupy disputed territories and threatening war if Spanish officials did not work to curb Indian attacks or refrain from harboring escaped slaves. Nor could the Confederation government prevent the landing of convicts that the British Government continued to export to its former colonies. In addition, the Articles did not allow Congress sufficient authority to enforce provisions of the Treaty of Paris that allowed British creditors to sue debtors for pre-Revolutionary debts, an unpopular clause that many state governments chose to ignore.
Consequently, British forces continued to occupy forts in the Great Lakes region. This led to the Constitutional Convention that formulated the current Constitution of the United States. During the early years of the war this desire became a belief that the new nation must have a constitutional order appropriate to its republican character. A fear of central authority inhibited the creation of such a government, and widely shared political theory held that a republic could not adequately serve a large nation such as the United States.
The legislators of a large republic would be unable to remain in touch with the people they represented, and the republic would inevitably degenerate into a tyranny.
To many Americans, their union seemed to be simply a league of confederated states, and their Congress a diplomatic assemblage representing thirteen independent polities. The impetus for an effective central government lay in wartime urgency, the need for foreign recognition and aid and the growth of national feeling. Altogether, six drafts of the Articles were prepared before Congress settled on a final version in Benjamin Franklin wrote the first and presented it to Congress in July It was never formally considered.
None of these drafts contributed significantly to the fourth version written by John Dickinson of Pennsylvania , the text that after much revision provided the basis for the Articles approved by Congress. Dickinson prepared his draft in June ; it was revised by a committee of Congress and discussed in late July and August.
In November the final Articles, much altered by this long deliberative process, were approved for submission to the states. By all the states had approved the Articles of Confederation except Maryland , but the prospects for acceptance looked bleak because claims to western lands by other states set Maryland in inflexible opposition. Maryland also supported the demands because nearby Virginia would clearly dominate its neighbor should its claims be accepted.
The weakness of the Articles of Confederation was that Congress was not strong enough to enforce laws or raise taxes, making it difficult for the new nation to repay their debts from the Revolutionary War. There was no executive and no judiciary, two of the three branches of government we have today to act as a system of checks and balances. Additionally, there were several issues between states that were not settled with ratification: A disagreement over the appointment of taxes forecast the division over slavery in the Constitutional Convention.
With large numbers of slaves, the southern states opposed this requirement, arguing that taxes should be based on the number of white inhabitants. In the middle of the war, Congress had little time and less desire to take action on such matters as the slave trade and fugitive slaves, both issues receiving much attention in the Constitutional Convention.
Its revenue would come from the states, each contributing according to the value of privately owned land within its borders. But Congress would exercise considerable powers: it was given jurisdiction over foreign relations with the authority to make treaties and alliances; it could make war and peace, maintain an army and navy, coin money, establish a postal service and manage Indian affairs; it could establish admiralty courts and it would serve as the last resort on appeal of disputes between the states.
Decisions on certain specified matters—making war, entering treaties, regulating coinage, for example—required the assent of nine states in Congress, and all others required a majority. Although the states remained sovereign and independent, no state was to impose restrictions on the trade or the movement of citizens of another state not imposed on its own.
Movement across state lines was not to be restricted. To amend the Articles, the legislatures of all thirteen states would have to agree. This provision, like many in the Articles, indicated that powerful provincial loyalties and suspicions of central authority persisted. In the s—the so-called Critical Period—state actions powerfully affected politics and economic life. For the most part, business prospered and the economy grew. Expansion into the West proceeded and population increased.
National problems persisted, however, as American merchants were barred from the British West Indies and the British army continued to hold posts in the Old Northwest, which was named American territory under the Treaty of Paris. These circumstances contributed to a sense that constitutional revision was imperative.
Still, national feeling grew slowly in the s, although major efforts to amend the Articles in order to give Congress the power to tax failed in and The year after the failure of , the Constitutional Convention met in Philadelphia and effectively closed the history of government under the Articles of Confederation. To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.
Each state retains 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. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, 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 pretence whatever.
The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties impositions and restrictions as the inhabitants thereof respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other state, of which the Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the united states, or either of them.
If any Person guilty of, or charged with treason, felony, — or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall, upon demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offense.
Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.
For the more convenient management of the general interests of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recal its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year.
No state shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind.
Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. In determining questions in the united states in Congress assembled, each state shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace.
No state, without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference agreement, alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the united states in congress assembled, or any of them, grant any title of nobility.
No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united states in congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the united states in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
When land-forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectively, by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the State which first made the appointment.
All charges of war, and all other expences that shall be incurred for the common defence or general welfare, and allowed by the united states in congress assembled, shall be def rayed out of a common treasury, which shall be supplied by the several states in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint.
The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the time agreed upon by the united states in congress assembled.
0コメント