The United States of America, part 1 (1783-1830) | Page 6

popular conventions had come into use in forming the various State
Constitutions, the Congress maintained its early diplomatic and
consulting nature by dealing with the State Legislatures instead of
popular conventions. The members of Congress were too well aware of
the many defects in the new frame to hope that it would be speedily
adopted. In the official letter which accompanied it to the State
Legislatures, they confessed that the business of coming into the
national agreement had been attended with uncommon embarrassment
and delay.
"To form a permanent union," said the address, "accommodated to the
opinion and wishes of the delegates of so many states, differing in
habits, produce, commerce, and internal police, was found to be a work
which nothing but time and reflection, conspiring with a disposition to

conciliate, could mature and accomplish. Hardly is it to be expected
that any plan, in the variety of provisions essential to our union, should
exactly correspond with the maxims and political views of every
particular State."
As rapidly as the State Legislatures adopted the proposed plan, they
were to notify their delegates in Congress to sign the document, thus
formally entering the Confederation. It was provided in the Articles
that they should not go into effect until signed by every State. Neither
could they be amended without unanimous consent. These unfortunate
provisions were due to the tender regard which prevailed at the time for
the rights of the individual. "Government proceeds from the consent of
the governed" was interpreted by many enthusiasts to mean the consent
of every individual and not simply the majority. These Article days
mark not only the ultimate point of the fear of centralisation, but also
the greatest solicitude for the individual. Even in Congress, where
delay in legislation might be hazardous, no important action could be
taken by a majority, but the consent of nine States must be had.
The required unanimity of ratification kept the Articles for nearly three
years awaiting action by all the State Legislatures, while the people
gradually lapsed into that lawlessness which a civil war always brings
in its train. The war itself contributed in no small degree to the delay.
When a State was invaded by the enemy, help was needed, and the
confederation feeling ran high; but the civic machinery, disturbed by
war, could not be made to serve the purpose of ratification. When the
tide of war swept on, and the State was relieved from immediate danger,
the old feeling of local importance returned, individualism revived, and
the union feeling waned.
The Legislatures of seven States in ratifying thought they could
improve the Articles in certain particulars. Some wanted a test oath
applied to all national officers; others would have wealth as a basis of
apportionment simply a trial arrangement; and still others would
remove the requirement that nine States be represented in Congress for
the consideration of certain matters. New Jersey had the clearest vision
of all.
"We are of the opinion," said her Legislature, "that the sole and
exclusive power of regulating the trade of the United States with
foreign nations ought to be clearly vested in the Congress, and that the

revenue arising from all duties and customs imposed thereon ought to
be appropriated to the building, equipping, and manning a navy, for the
protection of the trade and defence of the coasts, and to such other
public and general purposes as to the Congress shall seem proper and
for the common benefit of the states."
Neither this nor any of the forty-six amendments thus proposed by the
States was adopted by the Congress. The Articles stood as first adopted
until their overthrow.
Maryland, for reasons to be given hereafter, was the last State to
consent to the Articles. On March 2, 1781, the legal government of the
Articles of Confederation took the place of the illegal revolutionary
government, which had existed by common consent since 1776. A few
guns were fired, and flags displayed, but there was nothing to show the
change. The United States Congress, as it came to be called, was the
chief evidence of the Federation. Its actions were now justified by a
written agreement among the States and its powers definitely
prescribed. Otherwise affairs continued as before. The war was still the
engrossing business.
The Articles were in reality only a general treaty between thirteen
sovereign States occupying contiguous territory and pledging
themselves mutually to resist any attacks made upon them. Such a plan
might have been practicable, if the States had occupied thirteen islands,
each using a different language, and each producing sufficient to satisfy
its inhabitants, so that trade and communication need never have
become necessary. As it was, the framers failed to appreciate the force
of geographic contiguity. They believed that they could create and
maintain a