Articles of Confederation

***Articles of Confederation***

The **Articles of Confederation and Perpetual Union** was an agreement among the 13 states of the United States, formerly the Thirteen Colonies, that served as the nation's first frame of government. It was debated by the Second Continental Congress at Independence Hall in Philadelphia between July 1776 and November 1777, and finalized by the Congress on November 15, 1777. It came into force on January 1, 1782, after being ratified by all 13 colonial states. A guiding principle of the Articles was the establishment and preservation of the independence and sovereignty of the states. The Articles consciously established a weak central government, affording it only those powers the former colonies had recognized as belonging to king and parliament. The document provided clearly written rules for how the states' league of friendship, known as the Perpetual Union, would be organized.

During the ratification process, the Congress looked to the Articles for guidance as it conducted business, directing the war effort, conducting diplomacy with foreign states, addressing territorial issues and dealing with Native American relations. Little changed procedurally once the Articles of Confederation went into effect, as ratification did little more than constitutionalize what the Continental Congress had been doing. That body was renamed the Congress of the Confederation; but most Americans continued to call it the Continental Congress, since its organization remained the same.

## Background

The political push to increase cooperation among the then-loyal colonies began with the Albany Congress in 1754 and Benjamin Franklin's proposed Albany Plan, an inter-colonial collaboration to help solve mutual local problems. Over the next two decades, some of the basic concepts it addressed would strengthen; others would weaken, especially in the degree of loyalty (or lack thereof) owed the Crown. Civil disobedience resulted in coercive and quelling measures, such as the passage of what the colonials referred to as the Intolerable Acts in the British Parliament, and armed skirmishes which resulted in dissidents being proclaimed rebels. These actions eroded the number of Crown Loyalists (Tories) among the colonials and, together with the highly effective propaganda campaign of the Patriot leaders, caused an increasing number of colonists to begin agitating for independence from the mother country. In 1775, with events outpacing communications, the Second Continental Congress began acting as the provisional government for the United Colonies.

It was an era of constitution writing—most states were busy at the task—and leaders felt the new nation must have a written constitution; a "rulebook" for how the new nation should function. During the war, Congress exercised an unprecedented level of political, diplomatic, military and economic authority. It adopted trade restrictions, established and maintained an army, issued fiat money, created a military code and negotiated with foreign governments.

To transform themselves from outlaws into a legitimate nation, the colonists needed international recognition for their cause and foreign allies to support it. In early 1776, Thomas Paine argued in the closing pages of the first edition of *Common Sense* that the "custom of nations" demanded a formal declaration of American independence if any European power were to mediate a peace between the Americans and Great Britain. The monarchies of France and Spain, in particular, could not be expected to aid those they considered rebels against another legitimate monarch. Foreign courts needed to have American grievances laid before them persuasively in a "manifesto" which could also reassure them that the Americans would be reliable trading partners. Without such a declaration, Paine concluded, "[t]he custom of all courts is against us, and will be so, until, by an independence, we take rank with other nations."

Beyond improving their existing association, the records of the Second Continental Congress show that the need for a declaration of independence was intimately linked with the demands of international relations. On June 7, 1776, Richard Henry Lee introduced a resolution before the Continental Congress declaring the colonies independent; at the same time, he also urged Congress to resolve "to take the most effectual measures for forming foreign Alliances" and to prepare a plan of confederation for the newly independent states. Congress then created three overlapping committees to draft the Declaration, a model treaty, and the Articles of Confederation. The Declaration announced the states' entry into the international system; the model treaty was designed to establish amity and commerce with other states; and the Articles of Confederation, which established "a firm league" among the thirteen free and independent states, constituted an international agreement to set up central institutions for the conduct of vital domestic and foreign affairs.

## Drafting

On June 12, 1776, a day after appointing the Committee of Five to prepare a draft of the Declaration of Independence, the Second Continental Congress resolved to appoint a committee of 13 with one representative from each colony to prepare a draft of a constitution for a union of the states. The committee was made up of the following individuals:

* John Dickinson (Pennsylvania, Chairman)
* Samuel Adams (Massachusetts)
* Josiah Bartlett (New Hampshire)
* Button Gwinnett (Georgia)
* Joseph Hewes (North Carolina)
* Stephen Hopkins (Rhode Island)
* Robert R. Livingston (New York)
* Thomas McKean (Delaware)
* Thomas Nelson (Virginia)
* Edward Rutledge (South Carolina)
* Roger Sherman (Connecticut)
* Thomas Stone (Maryland)
* Francis Hopkinson (New Jersey)

Chairman John Dickinson presented the results to the Congress on July 12 of 1776. Debates would rage on over what rights were held by the Government or by the States. Though having to move to avoid British troops once or twice, they were able to complete their work.

The final draft of the papers were agreed upon by the Continental Congress on November 15, 1777. A consensus of the states was reached after they had added clear defined powers, letting the states decide western land claims and guaranteeing the sovereignty of each state. The Articles created a unicameral Legislative, leaving it the only branch of federal government.

## Summary of the Text

1. Establishes the name of the confederation with these words: "The stile of this confederacy shall be 'The United States of America.'"
2. Asserts the sovereignty of each state, except for the specific powers delegated to the confederation government: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated."
3. Declares the purpose of the confederation: "The said States hereby severally enter into a firm league of friendship with each other, for their common defense, 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 pretense whatever."
4. Elaborates upon the intent "to secure and perpetuate mutual friendship and intercourse among the people of the different States in this union," and to establish equal treatment and freedom of movement for the free inhabitants of each state to pass unhindered between the states, excluding "paupers, vagabonds, and fugitives from justice." All these people are entitled to equal rights established by the state into which they travel. If a crime is committed in one state and the perpetrator flees to another state, he will be extradited to and tried in the state in which the crime was committed.
5. Allocates one vote in the Congress of the Confederation (the "United States in Congress Assembled") to each state, which is entitled to a delegation of between two and seven members. Members of Congress are to be appointed by state legislatures. No congressman may serve more than three out of any six years.
6. Only the central government may declare war, or conduct foreign political or commercial relations. No state or official may accept foreign gifts or titles, and granting any title of nobility is forbidden to all. No states may form any sub-national groups. No state may tax or interfere with treaty stipulations already proposed. No state may wage war without permission of Congress, unless invaded or under imminent attack on the frontier; no state may maintain a peacetime standing army or navy, unless infested by pirates, but every State is required to keep ready, a well-trained, disciplined, and equipped militia.
7. Whenever an army is raised for common defense, the state legislatures shall assign military ranks of colonel and below.
8. Expenditures by the United States of America will be paid with funds raised by state legislatures, and apportioned to the states in proportion to the real property values of each.
9. Powers and functions of the United States in Congress Assembled.
	* Grants to the United States in Congress assembled the sole and exclusive right and power to determine peace and war; to exchange ambassadors; to enter into treaties and alliances, with some provisos; to establish rules for deciding all cases of captures or prizes on land or water; to grant letters of marque and reprisal (documents authorizing privateers) in times of peace; to appoint courts for the trial of pirates and crimes committed on the high seas; to establish courts for appeals in all cases of captures, but no member of Congress may be appointed a judge; to set weights and measures (including coins), and for Congress to serve as a final court for disputes between states.
	* The court will be composed of jointly appointed commissioners or Congress shall appoint them. Each commissioner is bound by oath to be impartial. The court's decision is final.
	* Congress shall regulate the post offices; appoint officers in the military; and regulate the armed forces.
	* The United States in Congress assembled may appoint a president who shall not serve longer than one year per three-year term of the Congress.
	* Congress may request requisitions (demands for payments or supplies) from the states in proportion with their population, or take credit.
	* Congress may not declare war, enter into treaties and alliances, appropriate money, or appoint a commander in chief without nine states assenting. Congress shall keep a journal of proceedings and adjourn for periods not to exceed six months.
10. When Congress is in recess, any of the powers of Congress may be executed by "The committee of the states, or any nine of them", except for those powers of Congress which require nine states *in* Congress to execute.
11. If Canada [referring to the British Province of Quebec] accedes to this confederation, it will be admitted. No other colony could be admitted without the consent of nine states.
12. Affirms that the Confederation will honor all bills of credit incurred, monies borrowed, and debts contracted by Congress before the existence of the Articles.
13. Declares that the Articles shall be perpetual, and may be altered only with the approval of Congress and the ratification of all the state legislatures.