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The Second Continental Congress.-MacDonald, Select Charters, i, 374-385; Bancroft, United States, iv, 190–192, 199, 200, 204-213; Morse, Adams, 87-100; Washington, Writings, ii, 476– 493; Adams, Works, ii, 415–418; Lecky, History of England, iii, 465-472; Fiske, American Revolution, i, 132-136; Lodge, Washington, i, 131–133; Sloane, French War and the Revolution, 195–199; H. von Holst, Constitutional Law, 6-12; Johnston, United States, 56, 57; Frothingham, Rise of the Republic, 419-428.

The Declaration of Independence.-MacDonald, Select Documents, ii, 1-6; Old South Leaflets, 3; Larned, Ready Reference; Frothingham, Rise of the Republic, 513, 532-558; Morse, Jefferson, 32-40, and Adams, 124–129; Hildreth, United States, iii, 132–138; Bancroft, United States, iv, 112-125, 435-452; Friedenwald, The Declaration of Independence.

The Treaty of Paris, September 3, 1783.-MacDonald, Select Documents, i, 15-21; Lecky, History of England, iv, 218–232, 243-255, 273-289; Morse, Franklin, 357-365; Bancroft, United States, v, 525-580; Channing and Hart, Guide to American History, 303, 304.

The Right of Revolution.-Cooley, Constitutional Law, 25, 26; Hart, Actual Government, 37.

Political Institutions of the Colonies. See Channing and Hart, Guide to American History, 312-314.

Committees of Correspondence and their Influence. McLaughlin, History of the American Nation, 183; Sloane, The French War and the Revolution, 161, 162; Hart, Formation of the Union, 57.

The Adoption of the Articles of Confederation.-Hart, Contemporaries, ii, 539-543; Fiske, The Critical Period, Chap. III; Walker, The Making of the Nation, 6; Hart, Formation of the Union, 93–95.

CHAPTER III

UNDER THE ARTICLES OF CONFEDERATION

On

21. The Articles of Confederation.-The first important step toward the organization of a national government was the formation of the Continental Congress. The second step was the adoption of the Articles of Confederation. The Articles of Confederation were framed by the Congress and proposed to the legislatures of the several States. These bodies then considered and approved them, and authorized their delegates to ratify them in Congress. July 9, 1778, the delegates of eight States signed a form of ratification that had been drawn up previously. These States were: New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Virginia, and South Carolina. The other States ratified the articles on the following dates: North Carolina, July 21, 1778; Georgia, July 24, 1778; New Jersey, November 26, 1778; Delaware, May 5, 1779; Maryland, March 1, 1781. Maryland had wished to withhold her ratification until Virginia and other States should surrender to the Confederation their claims to northwestern lands. The cession of these lands was, however, not completed and accepted until much later. With the ratification of Maryland, the Articles of Confederation became the Constitution, or the fundamental law, of the new nation.

The need of a general constitution was seen even before the adoption of the Declaration of Independence. On July

21, 1775, Franklin submitted to Congress a draft of Articles of Confederation and Perpetual Union. This project was not adopted; but a year later, June 12, 1776, Congress appointed a committee of thirteen, one member from each colony, "to prepare and draft the form of a confederation to be entered into." This committee reported about a month after its appointment. During the following year the form it had drawn up was amended, and adopted by Congress, November 15, 1777. This was the form that was proposed to the legislatures and ultimately ratified by the delegates in Congress. The name of this nation was stated and adopted in the first Article. It was, "The United States of America." Since its formation, similar names have been adopted by other nations on this continent. The United States of Mexico, the United States of Colombia, the United States of Venezuela, and the United States of Brazil have apparently imitated the title of this nation.

Under the Articles of Confederation each of the States in the Union retained "every power, jurisdiction, and right" which was not expressly delegated to Congress. A similar provision was embodied in Article 10 of amendments of the Constitution of 1787. According to this article of the Constitution, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." One difference between these two fundamental laws, the Articles of Confederation and the Constitution, in this regard, was that less power was delegated to the United States by the Articles of Confederation than by the Constitution. This first union of the States was called a "league of friendship" "for their common defense, the security of their liberties, and their mutual and general welfare" (Article 3). Among the States there was to be freedom of trade and freedom of ingress and egress for persons (Article 4); and the free inhabitants of each State were "entitled to all privileges

and immunities of free citizens in the several States" (Article 4). This provision helped to strengthen the sense of common nationality.

The government established by the Articles of Confederation was extremely simple in form. A single representative body, called the General Congress, held all the powers, executive, legislative, and judicial, that had been granted to the United States. The Congress was composed of delegates appointed annually by the States, in such manner as each State might direct. Each State might recall its delegates, or any of them, at any time within the year, and send others in their stead for the remainder of the year. No State could be represented by less than two delegates nor by more than seven; and no person could be a delegate for more than three years in any period of six years. No delegate could hold any office under the United States, to which was attached salary or emolument of any kind. Each State maintained its delegates; and in determining questions in Congress each State had one vote, whatever the number of its delegates. All bills affecting international relations, money, and credit, or revenues for carrying on the Government, required the votes of at least nine States. The Congress met every year, the session beginning on the first Monday in November; and it might not adjourn for more than six months. It had authority to appoint such committees and civil officers as might be necessary for managing the affairs of the United States. The Congress might appoint one of their number to preside, provided that no person should be allowed to serve in the office of president more than one year in any term of three years (Article 9). In the recess of Congress, the government was carried on by a "Committee of the States," consisting of one delegate from each State. The conduct of the several departments by committees soon made evident their inefficiency, and the necessity of individual heads of departments.

Under the Articles of Confederation, the State could not enter into any treaty or alliance with a foreign power without the consent of Congress; it could not maintain a naval or a military force, except militia for the defense of the State and its trade; it could not engage in any war without the consent of Congress, unless its territory was actually invaded by enemies or was in imminent danger of invasion. In case a military force was raised by any State for common defense, the legislature of the State was empowered to appoint all officers of, or under, the rank of colonel. In such a case, all expenses incurred for the common defense or general welfare, and allowed by Congress, were defrayed out of the common treasury, which was supplied by the several States in proportion to the value of their real estate. The taxes for raising the State's contribution to the general treasury were levied by authority of the State's legislature.

The Congress was the sole important organ of the Confederation. It alone had authority to deal with external relations; it was empowered to make war and peace; it could send and receive ambassadors; it could negotiate treaties and alliances; it was empowered to control captures and prizes made by the land or naval forces of the United States; and it could establish courts for the trial of piracies and other crimes committed on the high seas. The Congress was the final authority in all boundary disputes between States, and in all controversies concerning land titles. It could control coinage, fix weights and measures, regulate trade with the Indians, establish and manage post offices, and govern and direct the land and naval forces. In carrying out its legitimate functions Congress was restrained, and its practical power greatly curtailed, by the requirement of a two-thirds vote for adopting all important measures, and by the fact that the treasury of the Confederation was supplied not by taxes imposed by Congress, but by

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