ARTICLES OF CONFEDERATION

The first postcolonial government of the colonies, the Articles of Confederation grew directly out of the exigencies of war. When the first shots of the Revolutionary War were fired at Lexington and Concord in April 1775, most Americans still considered themselves to be English citizens. Indeed, in responding negatively to various taxes enacted by the British Parliament, colonists thought they were upholding their rights as English citizens to "no taxation without representation." The First Continental Congress, which met in 1774, and the Second Continental Congress, which began meeting in 1775, were not intended as a new form of government but a way of collecting colonial grievances and sending them to the English king. As George III proved no more willing than the British Parliament to back down from British policies, and as Thomas Paine undermined the idea of kingly rule and hereditary succession in his Common Sense (published in January 1776), the colonies inched closer to Revolution. This step was ultimately taken with the proclamation of independence in July 1776.

the writing and adoption of the articles of confederation

At the same time that the Second Continental Congress appointed a committee to write the Declaration of Independence, it also appointed committees to seek foreign allies and to draw up a form of government. Up to this point, colonies had been governed directly by Great Britain, which had, however, prior to the French and Indian War (1754–1763), often allowed for considerable colonial autonomy by exercising a policy now known as "salutary neglect." Given the separate histories and identities that the colonies had developed, it is not surprising that their first attempt at continental government, or at least government over that part of the continent represented by the thirteen former colonies, reflected relative jealousy of individual states' powers. This jealousy ultimately doomed the Articles to failure, but the Articles served a useful purpose during the period of transition between British rule and the inauguration of the new Constitution in 1789.

John Dickinson of Delaware was the primary author of the Articles of Confederation, but Congress was so preoccupied by war, that it took more than a year for the Second Continental Congress to send the proposal to the states (1777). During debates in Congress, Thomas Burke of North Carolina was particularly successful in seeing that the new government primarily embodied the principle of state sovereignty. Because of a running dispute between states like Maryland that did not have western land claims and those like Virginia that did, the Articles were not ratified by the final state (Maryland) until March 1, 1781, and, by 1787, states were meeting to reformulate the document.

the structure of the articles of confederation

The Articles of Confederation contained twelve articles, but Article II is the key. Introduced by Thomas Burke, it specified that "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" (Solberg, p. 42). Similarly, Article III referred to the Articles as a "league of friendship" among the states, more along the order of a treaty than a common government.

As in such a league, although they could send from two to seven delegates, each state had only one vote in a unicameral Congress that had limited powers. For example, Congress did not have power, exercised by today's Congress, over interstate and foreign commerce. Moreover, Article IX provided that:

The united states in congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or on the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same.

Congress was especially hampered in the area of finances and defense. In the former area, Congress had the power to requisition the states for money, but no power to act directly upon states or individuals to collect it. Similarly, Congress had to raise troops for national defense by relying on similar requisition measures from the states. States were even permitted to have their own navies during times of war. Added to the overall weakness of the Articles was the fact that, even when defects were widely recognized, the document could not be changed without the consent of Congress and the unanimous approval of the states. Although some amendments had wide support, none was adopted during the period in which the Articles were in effect.

strengths and weaknesses of the articles

During the war, states often competed with one another for volunteers to meet their troop requisitions. State residents were far more willing to defend their state's own frontiers than to march in defense of the nation. Those who served in the nation's defense (and who were often underpaid), however, appear generally to have developed a more continental view. The Congress under the Articles of Confederation largely financed the war through issuing currency, which quickly lost value, and through foreign borrowing. Although U.S. forces succeeded under George Washington and the French allies in beating the British, it was not altogether certain that the resulting

nation would long survive. The government under the Articles proved inadequate to enforce the treaty that had ended the Revolutionary War and was continually plagued by its inability to raise revenue. Had George Washington been more ambitious, and less republicanminded, he could have probably taken over the government by military force.

Weak as it was, the Articles had provided the structure for the colonies to unite against a common foe and win the Revolution. Although financing was desultory during the war, it became even more impaired once the war had ended and the nation no longer faced a common enemy. Generally known for its failure, the most striking accomplishment of the Articles other than its role in winning the Revolutionary War was the passage of the Northwest Ordinance during the meeting of the Constitutional Convention. This farsighted measure, which was reaffirmed by the new government, allowed for the eventual inclusion of the western states on an equal basis as the original thirteen, thus preventing the United States from exercising colonial powers in the West. It also recognized congressional power to forbid slavery in the territories.

the end of the articles

The Articles eventually fell prey to governmental weaknesses. The central government proved unable to raise adequate revenue, to enforce treaties of peace that it had entered into, or to compete on an equal basis on the world stage. The national government proved largely impotent in the wake of Shays's Rebellion in western Massachusetts and other populist and taxpayer revolts at the state level. States, which had written their constitutions fairly hurriedly, often emphasized popular sovereignty in the selection of their legislatures over the kinds of checks and balances needed for wise and stable governments. Such instability, in turn, threatened the liberty for which the Revolutionary War had been fought. Hope for increased strength and stability at both state and local levels eventually led to a conference of five states over commercial matters known as the Annapolis Convention, held in 1786. This meeting in turn issued a call for the Constitutional Convention of 1787.

Although called to revise and enlarge the Articles of Confederation, the delegates instead embarked on a reworking of government that provided for three distinct branches of government and for a bicameral Congress (where states were represented according to population in the lower house) with power to act directly on individual citizens. Although the new government weakened state powers, it did not abolish the states as entities. Moreover, although the new Constitution invested Congress with increased powers to regulate commerce, to impose duties and excises, and the like, the structure of the new government, which emphasized separation of powers, checks and balances, and federalism, was still designed to secure both the rights of individuals and the rights of states. These concerns were reinforced by the early adoption of the Bill of Rights.

summary

Although it ultimately failed, the government under the Articles of Confederation made some notable achievements and gave the former colonists many important lessons in self-government. Today's Constitution would have been much different without such lessons. The U.S. Constitution strengthened the national authority while preserving significant roles for the states. Both systems of government preserved representative government, and both invested the national authority with limited powers. In sum, America's first constitution, known as the Articles of Confederation, was a product of war and colonial culture. The Articles reflected American fear of central authority and adherence to the principle of local self-rule. Both remain part of the nation's identity and political culture in the forms of federalism and states' rights.

bibliography

Edling, Max M. A Revolution in Favor of Government: Origins of the U.S. Constitution and the Making of the American State. New York: Oxford University Press, 2003.

Hendrickson, David C. Peace Pact: The Lost World of the American Founding. Lawrence: University Press of Kansas, 2003.

Jensen, Merrill. The Articles of Confederation. Madison: University of Wisconsin Press, 1976.

McLaughlin, Andrew C. The Confederation and the Constitution, 1783–1789. In The American Nation, a History: From Original Sources by Associated Scholars, edited by Albert Bushnell Hart. New York: Harper & Brothers Publishers, 1903.

Rakove, Jack. The Beginnings of National Politics: An Interpretive History of the Continental Congress. New York: Knopf, 1979.

Solberg, Winton, ed. The Federal Convention and the Formation of the Union of the American States. New York: Liberal Arts Press, 1958.

Wood, Gordon S. The Creation of the American Republic, 1776–1787. Chapel Hill: University of North Carolina Press, 1969.

John R. Vile

See also:Constitution: Creating a Republic; Continental Congresses; States and Nation Building, 1775–1783.