The morning call., 1894-04-10
The Steps Leading Up to the
National Union.
"A PRESIDENT WAS IMPOSSIBLE"
Continuation at PaIo Alto of an Able
Address on the Constitu.
tiOn's Birth.

pendence was declared; but II was con-
federation for the redress OF grievances,
not for Independence. Although WASH
lngton spoke of the minis lerai army"
King George was the real enemy. The
veneer Of royalty soon disappeared, and
confederacy Tor independence was seen TO
be essential. Only free people can act IN
the organization OF a government. so the
Declaration Of Independence preceded the
Articles OF Confederation. John Adams.
however. referring to the strong attach
ment to the mother country, says that
many, when they saw independence ap-
preaching, started back.
On June II. 1776, committees of Con-
gress were appointed to prepare Declara-
ton of independence and also Articles OF
Confederation. An agreement as to griev-
ances was not difficult, and in less than
month the Declaration of Independence
was prepared, adopted and signed. 1t was
not until November 10, 1777, that Congress
approved the report of the committee on
Articles of Confederation.
The articles were sent tn the States with
this appeal: Let them be examined with
liberality becoming brethren and fellow
citizens, surrounded by the same imminent
dangers, cOntendlng for the same illus
triOus prize, and deeply interested in being
forever bound and connected together by
ties the most intimate and indissoluble.
And finally let them be adjusted with the
temper aud magnanmity OF the wise and
patriotic legislators who. while they are
concerned for the prosperity of their own
more Immediate circle, are capable Of ris-
ing superior to local attachments, when
they are Incompatible with the safety, hap
pneSs and glory OF the general confed-
eracy" Many objections were offered by
the States, and many amendments were
proposed. tut before January i. 177S,
eleven States had signed. Delaware signed
l1S1, only about eighteen months before
the preliminary treaty OF peace.
Union for defense Is Instructive; per-
manent union TO promote the uses of peace
requires the highest intelligence. and more.
The affections of the cOl0nlsts had been
centered In local control The source Of
their most prZed blessings, they believed
it their defense against tyranny. Their
experience of an outside government had
been sad. 1t had been oppressive and
often brutal, and had become The object Of
their watchful jealousy. Mr.. Bancroft
says: "They now applied that jealousy to
one another, forgetting that the general
power would he in their own hands"
Virginia tolled her bells for Massachu-
setts' sorrows, and they were scheduled as
common sorrows; but when the art cles of
permanent union came to be settled,
jealousy and selhShness again arose. The
Dean of Gloucester, referring to the prop
oSiti0n OF permanent union or the col
onies. said il was zone of the idlest and
most visionary notions" ever conceived.
Previous to the adoption of the articles
of confederation the revolutionary Gov
ernment exercised perhaps even larger
powers than those provided for in the ar
licles. Its powers were restrained only by
the will of those who instituted 1t. Had
it not been for the necessity o presenting
to the outside world an organized national
a. Ia nn nf ho nj
might have been further postponed. The
confidence OF foreign friends who had adj
vanced large loans upon the pledge Of ma
tional credit was being shaken by the long
delay, and their demand thas plan of
government should be subscribed and pub
lisbed became imperious.
Although under the articles it was
called "a perpetual union," it was, in fact,
little more than an emergency Government.
External rather than internal forces regu-
lated its efficiency. Its practical force
ceased with the disappearar ce of COM
mon enemy. "A Government by suDpl-
cation" as Randolph characterized it. was
inadequate tor national purposes. Ham
ilton called 1t ''senseless and futil con-
federation" Every power, jurisdiction
and right" not expressly delegated to Con-
gress was retained by each ate. Jea-
Gus strictneSs was the rule of interpreta-
ton.
Although such Of the States as had al
ready framed constitutions had adopted
the threefold division OF the powers OF
government, under the articles all powers
granted were lodged in TIE Congress.
Each State had its executive and judiciary.
The articles provided for no Serarate ex-
ecutlve, adopted the exceptional form of
single branch OF the Legislature ana gave
to the Union the most limited judicial
powers.
o,ogla avoortivo oeouod ,,noao;bI,
A President from any State would unduly
magnify its imi ortance. There must be
absoluta equality be ween the States. One
from each State constituted the commit
tee of the States" that sat in the recess of
Congress, as well rs other sreclai COM
mittees. The severest limitations were
put upon the Independent action OF men,
bers of Congress. Administrative func-
tions were first exercised by Congress. but
la ter boards were instiiu uted.
Five persons not members OF Congress
were appointed as board of war, and
committee of claims, one from each State,
developed into crude treasury depart
ment. Except as to treaties ALREADY pro-
posed ty Congress to the courts of France
and Spain." the St,tes were not restrained
in the matter of commercial regulations
except In that all duties imposed should BE-
equal as between foreigners and citizens of
the confederacy.
vote OIL niue States was required tor
nearly all important legislation; and over
all was the destructive Though unex-
pressed limitation, that no act of Congress
could be executed in any State until the
State Legislature had ADDED its sanction.
To be effective Government must act
directly upon body of citizens. Although
under article 13 each State was bound by
the determinations of Congress on all
questions expressly submitted to Congress,
there were frequentnstances where States
refused to be bound in such eases. The
Legislature of Virginia, In 1779. declared
that 1t was greatly alarmed at the assnmp
lion Of power lately exercised by Con-
gress." Admitting the right of Congress
to recommend" measures, they would
judge of their utility and expediency, and
either approve or reject.
There has been a good deal of modern
talk about the power 10 ''coerce State";
bat the thought is not only inaccurate but
obsolete. No commission under State
seal, no resolve of a State Legislature can
stand between the national authority and
the citizen who resists II.
No power was given to Congress to
regulate commerce. As source of revenue
this power was essential to the Union but
it was more than a revenue question; 1t
was the sine qua non OF an enduring
nj Dh,~ l,a -.