The
Articles of Confederation and Perpetual Union, commonly referred to as the
Articles of Confederation, was the first
constitutionA constitution is a set of rules for government—often codified as a written document—that establishes principles of an autonomous political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the...
of the
United States of AmericaThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
and legally established the union of the states. The
Second Continental CongressThe Second Continental Congress was a convention of delegates from the Thirteen Colonies that met beginning on May 10, 1775, in Philadelphia, Pennsylvania, soon after warfare in the American Revolutionary War had begun. It succeeded the First Continental Congress, which met briefly during 1774,...
appointed a committee to draft the Articles in June 1776 and sent the draft to the states for ratification in November 1777. The ratification process was completed in March 1781, legally federating the sovereign and independent states, already cooperating through the Continental Congress, into a new
federationA federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
styled the "United States of America". Under the Articles the states retained sovereignty over all governmental functions not specifically relinquished to the central government.
On June 12, 1776, a day after appointing a committee to prepare a draft declaration of independence, the Second Continental Congress resolved to appoint a committee of thirteen to prepare a draft of a constitution for a confederate type of union. The last draft of the Articles was written in the summer of 1777 and the Second Continental Congress approved them for ratification by the States on November 15, 1777 in
York, PennsylvaniaYork, known as the White Rose City , is a city located in South Central Pennsylvania. The population was 40,862 at the 2000 census. York is the county seat of York County, and is located at...
after a year of debate. In practice the final draft of the Articles served as the
de factoDe facto is a Latin expression that means "by [the] fact". In law, it is meant to mean "in practice but not necessarily ordained by law" or "in practice or actuality, but without being officially established"...
system of government used by the Congress ("the United States in Congress assembled") until it became
de jureDe jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact"....
by final ratification on March 1, 1781; at which point Congress became the
Congress of the ConfederationThe Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America from March 1, 1781, to March 4, 1789. It comprised delegates appointed by the legislatures of the states. It was the immediate successor to the Second Continental...
. The
Articles set the rules for operations of the "United States" confederation. The confederation was capable of making war, negotiating diplomatic agreements, and resolving issues regarding the western territories. An important element of the Articles was that Article XIII stipulated that "their provisions shall be inviolably observed by every state" and "
the Union shall be perpetualA Perpetual Union of the 13 American states was a key element of the Articles of Confederation and Perpetual Union. The concept of a 'perpetual union' of the states was important enough to be a part of the title of the Articles...
".
The Articles were created by the chosen representatives of the states in the Second Continental Congress out of a perceived need to have "a plan of confederacy for securing the freedom, sovereignty, and independence of the United States." Although serving a crucial role in the victory in the
American Revolutionary WarThe American Revolutionary War , also sometimes known as the American War of Independence, began as a war between the Kingdom of Great Britain and thirteen united former British colonies in North America, and concluded in a global war between several European great powers...
, a group of reformers, known as "federalists", felt that the Articles lacked the necessary provisions for a sufficiently effective government. Fundamentally, a
federationA federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
was sought to replace the
confederationA confederation is an association of sovereign member states, that by treaty have delegated certain of their competences to common institutions, in order to coordinate their policies in a number of areas, without however constituting a new state on top of the member states...
. The key criticism by those who favored a more powerful central
stateA sovereign state is a political association with effective internal and external sovereignty over a geographic area and population which is not dependent on, or subject to any other power or state...
(i.e. the federalists) was that the government (i.e. the
Congress of the ConfederationThe Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America from March 1, 1781, to March 4, 1789. It comprised delegates appointed by the legislatures of the states. It was the immediate successor to the Second Continental...
) lacked taxing authority; it had to request funds from the states. Also various federalist factions wanted a government that could impose uniform tariffs, give land grants, and assume responsibility for unpaid state war debts ("assumption".) Those opposed to the Constitution, known as "anti-federalists," considered these limits on government power to be necessary and good. Another criticism of the Articles was that they did not strike the right balance between large and small states in the legislative decision making process. Due to its
one-state, one-vote plank, the larger states were expected to contribute more but had only one vote.
The Articles were replaced by the US Constitution on June 21, 1788.
Background
The political push for the colonies to increase cooperation began in the
French and Indian WarThe French and Indian War, also known as the War of the Conquest or referred as part of the larger conflict known as the Seven Years' War, was a war fought in North America between 1754 and 1763...
in the mid 1750s. The
American RevolutionThe American Revolution is the political upheaval during the last half of the 18th century in which thirteen of Britain's colonies in North America at first rejected the governance of the Parliament of Great Britain, and later the British monarchy itself, to become the sovereign United States of...
in response to lack of elected representation in the
British governmentThe Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
, followed by the beginning of the
American Revolutionary WarThe American Revolutionary War , also sometimes known as the American War of Independence, began as a war between the Kingdom of Great Britain and thirteen united former British colonies in North America, and concluded in a global war between several European great powers...
in 1775 and
a proclamationThe Proclamation of Rebellion, officially titled A Proclamation for Suppressing Rebellion and Sedition, was the response of George III of the United Kingdom to the news of the Battle of Bunker Hill at the outset of the American Revolutionary War. Issued August 23 1775, it declared elements of the...
by the monarchy that Congress were traitors in rebellion, induced the various states to cooperate in declaring their independence from the
British EmpireThe British Empire comprised the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom, that had originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height it was...
. Starting 1775, the
Second Continental CongressThe Second Continental Congress was a convention of delegates from the Thirteen Colonies that met beginning on May 10, 1775, in Philadelphia, Pennsylvania, soon after warfare in the American Revolutionary War had begun. It succeeded the First Continental Congress, which met briefly during 1774,...
acted as the
provisional national governmentA provisional government is an emergency or interim government set up when a political void has been created by the collapse of a previous administration or regime. The early provisional governments were created to prepared for the return of royal rule...
that ran the war. Congress presented the Articles for enactment by the states in 1777, while prosecuting the American Revolutionary War.
Ratification
Congress began to move for ratification of the Articles in 1777:
"Permit us, then, earnestly to recommend these articles to the immediate and dispassionate attention of the legislatures of the respective states. Let them be candidly reviewed under a sense of the difficulty of combining in one general system the various sentiments and interests of a continent divided into so many sovereign and independent communities, under a conviction of the absolute necessity of uniting all our councils and all our strength, to maintain and defend our common liberties...
The document could not become officially effective until it was ratified by all thirteen colonies. The first state to ratify was
VirginiaThe Commonwealth of Virginia is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" because it is the birthplace of eight U.S. presidents. The geography and climate of the state are shaped by the Blue...
on December 16, 1777. The process dragged on for several years, stalled by the refusal of some states to rescind their claims to land in the West.
MarylandMaryland is a state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia and the District of Columbia to the south and west, Pennsylvania to the north, and Delaware to the east. It is comparable in size to the European country of Belgium. According to the U.S...
was the last holdout; it refused to go along until
VirginiaThe Commonwealth of Virginia is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" because it is the birthplace of eight U.S. presidents. The geography and climate of the state are shaped by the Blue...
and New York agreed to cede their claims in the
Ohio RiverThe Ohio River is the largest tributary, by volume, of the Mississippi River. It is approximately 981 miles long and is located in the eastern United States....
Valley. A little over three years passed before Maryland's ratification on March 1, 1781.
Article summaries
Even though the Articles of Confederation and the Constitution were established by many of the same people, the two documents are very different. The original five-paged Articles contained thirteen articles, a conclusion, and a signatory section. The following list contains short summaries of each of the thirteen articles.
- Establishes the name of the confederation as "The United States of America."
- Asserts the equality of the separate states with the confederation government, i.e. "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated."
- Establishes the United States as a new nation, a sovereign union of sovereign states, united ". . . 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 . . . ," while declaring that the union is "perpetual," and can only be altered by approval of Congress with ratification by all the state legislatures.
- Establishes freedom of movement
Freedom of movement, mobility rights or the right to travel is a human rights concept which is respected in the constitutions of numerous states...
–anyone can pass freely between states, excluding "paupers, vagabondsA vagabond is an itinerant person. Such people may be called drifters, tramps, rogues, or hobos. A vagabond is characterised by almost continuous travelling, lacking a fixed home, temporary abode, or permanent residence...
, and fugitiveA fugitive is a person who is fleeing from custody, whether it be from private slavery, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. As a verbal metaphor and psychological concept, one might also be described as a "fugitive...
s from justice." All people are entitled to the rights established by the state into which he travels. If a crime is committed in one state and the perpetrator flees to another state, he will be extraditedExtradition is the official process whereby one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties...
to and tried in the state in which the crime was committed.
- Allocates one vote in the Congress of the Confederation
The Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America from March 1, 1781, to March 4, 1789. It comprised delegates appointed by the legislatures of the states. It was the immediate successor to the Second Continental...
(United States in Congress Assembled) to each state, which was entitled to a delegation of between two and seven members. Members of Congress were appointed by state legislatures; individuals could not serve more than three out of any six years.
- Only the central government is allowed to conduct foreign relations
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states. It usually refers to international diplomacy, the conduct of international relations through the intercession of professional diplomats with regard to issues of peace-making, trade, war,...
and to declare warA declaration of war is a formal performative speech act or signing of a document by an authorized party of a government in order to initiate a state of war between two or more nations. The legality of who can declare war varies between nations and forms of government. In many nations power is...
. No states may have navies or standing armies, or engage in war, without permission of Congress (although the state militiaThe term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
s are encouraged).
- When an army is raised for common defense, colonels and military ranks below colonel will be named by the state legislatures.
- Expenditures by the United States will be paid by funds raised by state legislatures, and apportioned to the states based on the real property values of each.
- Defines the powers of the central government: to declare war, to set weights and measures (including coins), and for Congress to serve as a final court for disputes between states.
- Defines a Committee of the States
The Committee of the States was an arm of the United States government, under the Articles of Confederation. The Committee consisted of one member from each state, and carried out the executive functions of government while the Congress of the Confederation was in recess.The Committee was set up...
to be a government when Congress is not in session.
- Requires nine states to approve the admission of a new state into the confederacy; pre-approves Canada
The Province of Quebec was a colony in North America created by Great Britain after the Seven Years' War. Great Britain acquired Canada by the Treaty of Paris when King Louis XV of France and his advisors chose to keep the territory of Guadeloupe for its valuable sugar crops instead of New France...
, if it applies for membership.
- Reaffirms that the Confederation accepts war debt incurred by Congress before the Articles.
- Declares that the Articles are perpetual, and can only be altered by approval of Congress with ratification by all the state legislatures.
Still at war with the
Kingdom of Great BritainThe Kingdom of Great Britain, also known as the United Kingdom of Great Britain, was a sovereign state in northwest Europe, in existence from 1707 to 1801...
, the Founding Fathers were divided between those seeking a powerful, centralized national government, and those seeking a loosely structured one. Jealously guarding their new independence, members of the Continental Congress arrived at a compromise solution dividing sovereignty between the states and the federal government, with a unicameral legislature that protected the liberty of the individual states. While calling on Congress to regulate military and monetary affairs, for example, the Articles of Confederation provided no mechanism to force the states to comply with requests for troops or revenue. At times, this left the military in a precarious position, as
George WashingtonGeorge Washington was the commander of the Continental Army in the American Revolutionary War and served as the first President of the United States of America...
wrote in a 1781 letter to the governor of
MassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. Most of its population of...
,
John HancockJohn Hancock was a merchant, statesman, and prominent Patriot of the American Revolution. He served as president of the Second Continental Congress and was the first governor of the Commonwealth of Massachusetts...
.
The end of the war
The
Treaty of Paris (1783)The Treaty of Paris, signed on September 3, 1783, ratified by the Congress of the Confederation on January 14, 1784 and by the King of Great Britain on April 9, 1784 , formally ended the American Revolutionary War between the Kingdom of Great Britain and the United States of America, which had...
, which ended hostilities with Great Britain, languished in Congress for months because state representatives failed to attend sessions of the national legislature. Yet Congress had no power to enforce attendance. Writing to
George ClintonGeorge Clinton was an American soldier and politician, considered one of the Founding Fathers of the United States...
in September 1783, George Washington complained:
- Congress have come to no determination yet respecting the Peace Establishment nor am I able to say when they will. I have lately had a conference with a Committee on this subject, and have reiterated my former opinions, but it appears to me that there is not a sufficient representation to discuss Great National points.
Military
The Articles supported the Congressional direction of the
Continental ArmyThe American Continental Army was an army formed after the outbreak of the American Revolutionary War by the colonies that became the United States of America. Established by a resolution of the Continental Congress on June 14, 1775, it was created to coordinate the military efforts of the Thirteen...
, and allowed the 13 states to present a unified front when dealing with the European powers. As a tool to build a centralized war-making government, they were largely a failure: Historian Bruce Chadwick wrote:
The Continental Congress, before the Articles were approved, had promised soldiers a pension of half pay for life. However Congress had no power to compel the states to fund this obligation, and as the war wound down after the victory at Yorktown the sense of urgency to support the military was no longer a factor. No progress was made in Congress during the winter of 1783-1784. General Henry Knox, who would become the first Secretary of War under the Constitution, blamed the weaknesses of the Articles of the inability of the government to fund the military. The army had long been supportive of a strong union. Knox wrote:
As Congress failed to act on the petitions, Knox wrote to Gouverneur Morris, four years before the Philadelphia Convention was convened, “As the present Constitution is so defective, why do not you great men call the people together and tell them so; that is, to have a convention of the States to form a better Constitution.”
Once the war was won, the
Continental ArmyThe American Continental Army was an army formed after the outbreak of the American Revolutionary War by the colonies that became the United States of America. Established by a resolution of the Continental Congress on June 14, 1775, it was created to coordinate the military efforts of the Thirteen...
was largely disbanded. A very small national force was maintained to man frontier forts and protect against Native American attacks. Meanwhile, each of the states had an army (or militia), and 11 of them had navies. The wartime promises of bounties and land grants to be paid for service were not being met. In 1783,
WashingtonGeorge Washington was the commander of the Continental Army in the American Revolutionary War and served as the first President of the United States of America...
defused the
Newburgh conspiracyThe Newburgh Conspiracy was a plot hatched in 1783 near the end of the American Revolutionary War resulting from the fact that many of the officers and men of the Continental Army had not received pay for many years.-Background:...
, but riots by unpaid Pennsylvania veterans forced the Congress to leave Philadelphia temporarily.
Foreign policy
Even after peace was achieved, the weakness of the government frustrated the ability of the government to conduct foreign policy. In 1786 Thomas Jefferson, concerned over the failure to fund a naval expedition against the Barbary pirates, wrote to James Monroe, "It will be said there is no money in the treasury. There never will be money in the treasury till the confederacy shows its teeth. The states must see the rod.”
Also, the
Jay-Gardoqui TreatyThe Jay-Gardoqui Treaty of 1789 between the United States and Spain guaranteed Spain's exclusive right to navigate the Mississippi River for 30 years. It also opened Spain's European and West Indian seaports to American shipping...
with Spain in 1786 also showed weakness in foreign policy. In the treaty (which was never ratified due to its immense unpopularity) the US had to give up rights to the Mississippi River for 20 years which would have economically strangled the settlers west of the Appalachian Mountains. Finally, due to the Confederation's military weakness, they could not force the British out of the frontier forts (which the British promised they would leave in 1783). This violation of the Treaty of Paris was amended with Jay's Treaty in 1795 under the new Constitution.
Taxation and commerce
Under the articles, Congress could make decisions, but had no power to enforce them. There was a requirement for unanimous approval before any modifications could be made to the Articles. Because the majority of lawmaking rested with the states, the central government was also kept limited.
Congress was denied the power of taxation: it could only request money from the states. The states did not generally comply with the requests in full, leaving the Confederation Congress and the Continental Army chronically short of funds. As more money was printed, continental dollars depreciated. Washington in 1779 wrote to John Jay, serving as President of the Continental Congress, "that a wagon load of money will scarcely purchase a wagon load of provisions." Jay and the Congress responded in May by requesting $45 million from the states. In an appeal to the states to comply Jay wrote that the taxes were "the price of liberty, the peace and the safety of yourselves and posterity." He argued that Americans should avoid having it said "that America had no sooner become independent than she became insolvent" or that "her infant glories and growing fame were obscured and tarnished by broken contracts and violated faith." The states did not respond with the money requested.
Congress was also denied the power to regulate commerce, and as a result, the states maintained control over their own trade policy as well. The states and the national congress had both incurred debts during the war, and how to pay the debts became a major issue after the war. Some states paid off their debts; however, the centralizers favored federal assumption of states' debts.
Accomplishments
Nevertheless, the
Congress of the ConfederationThe Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America from March 1, 1781, to March 4, 1789. It comprised delegates appointed by the legislatures of the states. It was the immediate successor to the Second Continental...
did take two actions with lasting impact. The
Land Ordinance of 1785The Land Ordinance of 1785 was adopted by the United States Congress on May 20, 1785. Under the Articles of Confederation, Congress did not have the power to raise revenue by direct taxation of the inhabitants of the United States...
established the general land survey and ownership provisions used throughout later American expansion. The
Northwest OrdinanceThe Northwest Ordinance was an act of the Congress of the Confederation of the United States. The Ordinance unanimously passed on July 13, 1787...
of 1787 noted the agreement of the original states to give up
western land claimsThe state cessions are those areas of the United States that the separate states ceded to the federal government in the late 18th and early 19th century...
and cleared the way for the entry of new states.
Signatures
The Second Continental Congress approved the Articles for distribution to the states on November 15, 1777. A copy was made for each state and one was kept by the
CongressThe Continental Congress was a convention of delegates from the Thirteen Colonies that became the governing body of the United States during the American Revolution...
. The copies sent to the states for ratification were unsigned, and a cover letter had only the signatures of
Henry LaurensHenry Laurens was an American merchant and rice planter from South Carolina who became a political leader during the Revolutionary War. A delegate to the Second Continental Congress Laurens succeeded John Hancock as President of the Second Continental Congress. Laurens ran the largest slave...
and
Charles ThomsonCharles Thomson was a Patriot leader in Philadelphia during the American Revolution and the secretary of the Continental Congress throughout its existence.-Biography:...
, who were the
PresidentThe President of the Continental Congress was the presiding officer of the Continental Congress, the convention of delegates that emerged as the first national government of the United States during the American Revolution. The president was a member of Congress elected by the other delegates to...
and Secretary to the Congress.
The Articles
, however, were unsigned, and the date was blank. Congress began the signing process by examining their copy of the Articles on June 27, 1778. They ordered a final copy prepared (the one in the National Archives), and that delegates should inform the secretary of their authority for ratification.
On July 9, 1778, the prepared copy was ready. They dated it, and began to sign. They also requested each of the remaining states to notify its delegation when ratification was completed. On that date, delegates present from
New HampshireNew Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It borders Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian province of...
,
MassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. Most of its population of...
,
Rhode IslandRhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
,
ConnecticutConnecticut is a state in the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and New York to the west and south ....
,
New YorkNew York is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts and Vermont to the east...
,
PennsylvaniaThe Commonwealth of Pennsylvania , often colloquially referred to as PA by natives and Northeasterners, is a state located in the Northeastern and Middle Atlantic regions of the United States...
,
VirginiaThe Commonwealth of Virginia is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" because it is the birthplace of eight U.S. presidents. The geography and climate of the state are shaped by the Blue...
and
South CarolinaSouth Carolina is a U.S. state that borders Georgia to the south and North Carolina to the north. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence from the British Crown during the American Revolution. The colony was...
signed the Articles to indicate that their states had ratified.
New JerseyNew Jersey is a state in the Mid-Atlantic region of the United States. It is bordered on the north by New York, and to the east by the Hudson River, Upper New York Bay, the Kill Van Kull, Newark Bay, the Arthur Kill, Raritan Bay, Sandy Hook Bay, Westchester County, New York City, Long Island, and...
,
DelawareDelaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. The state takes its name from Thomas West, 3rd Baron De La Warr, a British nobleman and Virginia's first colonial governor, after whom Cape Henlopen was originally named.Delaware is located in...
and
MarylandMaryland is a state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia and the District of Columbia to the south and west, Pennsylvania to the north, and Delaware to the east. It is comparable in size to the European country of Belgium. According to the U.S...
could not, since their states had not ratified.
North CarolinaNorth Carolina is a state located on the Atlantic Seaboard in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties...
and
GeorgiaGeorgia is a state in the United States. One of the original Thirteen Colonies that revolted against British rule in the American Revolution, it had been the last of the Thirteen Colonies to be established, in 1733. Georgia was the fourth state to ratify the United States Constitution, on January...
also didn't sign that day, since their delegations were absent.
After the first signing, some delegates signed at the next meeting they attended. For example, John Wentworth of New Hampshire added his name on August 8. John Penn was the first of North Carolina's delegates to arrive (on July 10), and the delegation signed the Articles
on July 21, 1778.
The other states had to wait until they ratified the Articles
and notified their Congressional delegation. Georgia signed on July 24, New Jersey on November 26, and Delaware on February 12, 1779. Maryland refused to ratify the Articles until every state had ceded its western land claims.
On February 2, 1781, the much-awaited decision was taken by the
Maryland General AssemblyThe Maryland General Assembly is the state legislature of the U.S. state of Maryland. It is a bicameral body. The upper chamber, the Maryland State Senate, has 47 representatives and the lower chamber, the Maryland House of Delegates, has 141 representatives...
in Annapolis. As the last piece of business during the afternoon Session, "among engrossed Bills" was "signed and sealed by Governor
Thomas Sim LeeThomas Sim Lee was an American planter and statesman of Frederick County, Maryland. Although not a signatory to the Declaration of Independence, the Articles of Confederation or the US Constitution, he was an important participant in the process of their creation...
in the Senate Chamber, in the presence of the members of both Houses… an Act to empower the delegates of this state in Congress to subscribe and ratify the articles of confederation" and perpetual union among the states. The Senate then adjourned "to the first Monday in August next." The decision of Maryland to ratify the Articles was reported to the Continental Congress on February 12. The formal signing of the Articles
by the Maryland delegates took place in Philadelphia at noon time on March 1, 1781 and was celebrated in the afternoon. With these events, the Articles entered into force and the United States came into being as a united, sovereign and national state.
Congress had debated the Articles
for over a year and a half, and the ratification process had taken nearly three and a half years. Many participants in the original debates were no longer delegates, and some of the signers had only recently arrived. The Articles of Confederation and Perpetual Union were signed by a group of men who were never present in the Congress at the same time.
The signers and the states they represented were:
- New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It borders Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian province of...
: Josiah BartlettJosiah Bartlett , was an American physician and statesman, delegate to the Continental Congress for New Hampshire, and signatory of the Declaration of Independence...
and John Wentworth Jr.John Wentworth, Jr. was a lawyer who served as a delegate to the Continental Congress for New Hampshire and a signer of the Articles of Confederation....
- Massachusetts Bay
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. Most of its population of...
: John HancockJohn Hancock was a merchant, statesman, and prominent Patriot of the American Revolution. He served as president of the Second Continental Congress and was the first governor of the Commonwealth of Massachusetts...
, Samuel AdamsSamuel Adams was a statesman, political philosopher, and one of the Founding Fathers of the United States. As a politician in colonial Massachusetts, Adams was a leader of the movement that became the American Revolution, and was one of the architects of the principles of American republicanism...
, Elbridge GerryElbridge Thomas Gerry was an American statesman and diplomat. As a Democratic-Republican he was selected as the fifth Vice President of the United States of America, serving under James Madison, from March 4, 1813, until his death a year and a half later...
, Francis DanaFrancis Dana was an American lawyer, jurist, and statesman from Massachusetts. He served as a delegate to the Continental Congress in 1777-1778 and 1784. He signed the Articles of Confederation.-Biography:...
, James LovellJames Lovell was an American educator and statesman from Boston, Massachusetts. He was a delegate for Massachusetts to the Continental Congress from 1777 to 1782.-Early life:...
, and Samuel HoltenSamuel Holten was an American physician and statesman from Danvers, Massachusetts. He represented Massachusetts as a delegate to the Continental Congress and as a Congressman in the U.S. House....
- Rhode Island and Providence Plantations
Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
: William ElleryWilliam Ellery , was a signer of the United States Declaration of Independence as a representative of Rhode Island...
, Henry MarchantHenry Marchant was an American lawyer from Newport, Rhode Island. He was a delegate to the Continental Congress from 1777 to 1779 and endorsed the Articles of Confederation for Rhode Island. He served as a U.S. circuit and district judge for United States District Court for the District of Rhode...
, and John CollinsJohn Collins , third governor of the U.S. state of Rhode Island, was born in Newport, the son of Samuel and Elizabeth Collins. He stood forth as a staunch advocate of the independence of the Thirteen Colonies...
- Connecticut
Connecticut is a state in the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and New York to the west and south ....
: Roger ShermanRoger Sherman was an early American lawyer and politician. He served as the first mayor of New Haven, Connecticut, and served on the Committee of Five that drafted the Declaration of Independence, and was also a representative and senator in the new republic.He was the only person to sign all four...
, Samuel HuntingtonSamuel Huntington was a jurist, statesman, and Patriot in the American Revolution from Connecticut. As a delegate to the Continental Congress, he signed the Declaration of Independence and the Articles of Confederation...
, Oliver WolcottOliver Wolcott was a signer of the United States Declaration of Independence and also the Articles of Confederation as a representative of Connecticut....
, Titus HosmerTitus Hosmer was an American lawyer from Middletown, Connecticut. He was a delegate for Connecticut to the Continental Congress in 1778, where he signed the Articles of Confederation....
, and Andrew AdamsAndrew Adams was an American lawyer, jurist, and political leader in Litchfield, Connecticut, during the American Revolutionary War...
- New York: James Duane
James Duane was a lawyer, jurist, and Revolutionary leader from New York. He served as a delegate to the Continental Congress, New York state senator, Mayor of New York, and a U.S. District Judge....
, Francis LewisFrancis Lewis was a signer of the United States Declaration of Independence as a representative of New York....
, William Duer, and Gouverneur MorrisGouverneur Morris was an American statesman and a native of New York who represented Pennsylvania in the Constitutional Convention of 1787. He was also an author of large sections of the Constitution of the United States and one of its "signers"...
- New Jersey
New Jersey is a state in the Mid-Atlantic region of the United States. It is bordered on the north by New York, and to the east by the Hudson River, Upper New York Bay, the Kill Van Kull, Newark Bay, the Arthur Kill, Raritan Bay, Sandy Hook Bay, Westchester County, New York City, Long Island, and...
: John WitherspoonJohn Witherspoon was a signatory of the United States Declaration of Independence as a representative of New Jersey...
and Nathaniel ScudderNathaniel Scudder was an American physician and patriot leader during the Revolutionary War. He served as a delegate for New Jersey to the Continental Congress, where he signed the Articles of Confederation....
- Pennsylvania
The Commonwealth of Pennsylvania , often colloquially referred to as PA by natives and Northeasterners, is a state located in the Northeastern and Middle Atlantic regions of the United States...
: Robert MorrisRobert Morris, Jr. was an American merchant, and a signer to the Declaration of Independence, the Articles of Confederation, and the United States Constitution...
, Daniel RoberdeauDaniel Roberdeau was an American merchant in Philadelphia, Pennsylvania. He represented Pennsylvania from 1777 to 1779 in the Continental Congress and served as a brigadier general in the state militia during the Revolutionary War....
, Jonathan Bayard SmithJonathan Bayard Smith was an American merchant from Philadelphia, Pennsylvania. He served as a delegate for Pennsylvania to the Continental Congress in 1777 and 1778....
, William ClinganWilliam Clingan was a delegate in the Continental Congress for Pennsylvania from 1777 to 1779. He signed the Articles of Confederation.-External links:...
, and Joseph ReedJoseph Reed was a Pennsylvania lawyer, military aide, and statesman of the Revolutionary Era. He served as a delegate to the Continental Congress and while in Congress signed the Articles of Confederation...
- Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. The state takes its name from Thomas West, 3rd Baron De La Warr, a British nobleman and Virginia's first colonial governor, after whom Cape Henlopen was originally named.Delaware is located in...
: Thomas McKeanThomas McKean was an American lawyer and politician from New Castle, in New Castle County, Delaware, and Philadelphia, Pennsylvania. During the American Revolution he was a delegate to the Continental Congress where he signed the United States Declaration of Independence and served as a President...
, John DickinsonJohn Dickinson was an American lawyer and politician from Philadelphia, Pennsylvania and Wilmington, Delaware. He was a militia officer during the American Revolution, a Continental Congressman from Pennsylvania and Delaware, a delegate to the U.S. Constitutional Convention of 1787, President of...
, and Nicholas Van DykeNicholas Van Dyke was an American lawyer and politician from New Castle, in New Castle County, Delaware. He served in the Delaware General Assembly, as a Continental Congressman from Delaware, and as President of Delaware.-Early life and family:Van Dyke was born at Berwick, his family's home in St...
- Maryland
Maryland is a state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia and the District of Columbia to the south and west, Pennsylvania to the north, and Delaware to the east. It is comparable in size to the European country of Belgium. According to the U.S...
: John HansonJohn Hanson was a merchant and public official from Maryland during the era of the American Revolution. After serving in a variety of roles for the Patriot cause in Maryland, in 1779 Hanson was elected as a delegate to the Continental Congress. He signed the Articles of Confederation in 1781 after...
and Daniel CarrollDaniel Carroll was a politician and one of the Founding Fathers of the United States. He was a prominent member of one of America's great colonial families that included his cousin Charles Carroll of Carrollton who signed the Declaration of Independence, and his brother John Carroll who was the...
- Virginia
The Commonwealth of Virginia is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" because it is the birthplace of eight U.S. presidents. The geography and climate of the state are shaped by the Blue...
: Richard Henry LeeRichard Henry Lee was an American statesman from Virginia best known for the motion in the Second Continental Congress calling for the colonies' independence from Great Britain. His famous resolution of June 1776 led to the United States Declaration of Independence, which Lee signed...
, John Banister, Thomas AdamsThomas Adams was a politician and businessman from Virginia.Adams was born in New Kent County in 1730. His first political position was as a clerk of Henrico County, and later a member of the Virginia House of Burgesses...
, John HarvieJohn Harvie was an American lawyer and builder from Virginia. He was a delegate to the Continental Congress in 1777 and 1778, where he signed the Articles of Confederation....
, and Francis Lightfoot LeeFrancis Lightfoot Lee , was a member of the House of Burgesses in the Colony of Virginia. He was active in protesting issues such as the Stamp Act which moved the Colony in the direction of seeking Independence from British control.He was among those who proposed and attended the Virginia...
- North Carolina
North Carolina is a state located on the Atlantic Seaboard in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties...
: John PennJohn Penn , was a signer of the United States Declaration of Independence as a representative of North Carolina along with Joseph Hewes and William Hooper...
, Cornelius HarnettCornelius Harnett was an American merchant, farmer, and statesman from Wilmington, North Carolina. He was a leading American Revolutionary in the Cape Fear region, and a delegate for North Carolina in the Continental Congress from 1777 to 1779.Harnett was born to Cornelius and Elizabeth Harnett in...
, and John WilliamsJohn Williams was a signer of the United States' Articles of Confederation. He was one of the founders of the University of North Carolina. During the American Revolutionary War, he was a colonel in the North Carolina militia. In 1777 and 1778, Williams was a member of the North Carolina House of...
- South Carolina
South Carolina is a U.S. state that borders Georgia to the south and North Carolina to the north. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence from the British Crown during the American Revolution. The colony was...
: Henry LaurensHenry Laurens was an American merchant and rice planter from South Carolina who became a political leader during the Revolutionary War. A delegate to the Second Continental Congress Laurens succeeded John Hancock as President of the Second Continental Congress. Laurens ran the largest slave...
, William Henry DraytonOther notable men have similar names, see: William Drayton .William Henry Drayton , was an American planter and lawyer from Charleston, South Carolina...
, John MathewsJohn Mathews was an American lawyer from Charleston, South Carolina. He was a delegate to the Continental Congress from 1778 to 1781 where he endorsed the Articles of Confederation on behalf of South Carolina. On his return, he was elected Governor, serving a single term in 1782 and 1783.-External...
, Richard HutsonRichard Hutson was an American lawyer, judge, and politician from Charleston, South Carolina. He represented South Carolina as a delegate to the Continental Congress, where he signed the Articles of Confederation. When the British captured Charleston, he was a held as a prisoner at St. Augustine,...
, and Thomas Heyward Jr.
- Georgia
Georgia is a state in the United States. One of the original Thirteen Colonies that revolted against British rule in the American Revolution, it had been the last of the Thirteen Colonies to be established, in 1733. Georgia was the fourth state to ratify the United States Constitution, on January...
: John WaltonJohn Walton was a Georgia delegate to the Continental Congress. Though born in Virginia, Walton later became a planter near Augusta, Georgia. He was elected as a delegate from St. Paul Parish to the Provincial Congress at Savannah in 1775, and then elected to the Continental Congress in 1778. ...
, Edward TelfairEdward Tellfair was governor of the state of Georgia in 1786 and 1790–1793.He was born in Town Head, Scotland, and graduated from the Kirkcudbright Grammar School then acquired a thorough commercial training. He immigrated to the United States in 1758 as agent of a commercial house and settled in...
, and Edward LangworthyEdward Langworthy was an American teacher who was a delegate to the Continental Congress from Georgia. He signed the Articles of Confederation....
Roger Sherman (Connecticut) was the only person to sign all four great state papers of the United States: the Continental Association, the
United States Declaration of IndependenceThe United States Declaration of Independence is a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain were now independent states, and thus no longer a part of the British Empire...
, the Articles of Confederation and the
United States ConstitutionThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
.
Robert Morris (Pennsylvania) was the only person besides Sherman to sign three of the great state papers of the United States: the
United States Declaration of IndependenceThe United States Declaration of Independence is a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain were now independent states, and thus no longer a part of the British Empire...
, the Articles of Confederation and the
United States ConstitutionThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
.
John Dickinson (Delaware) and Daniel Carroll (Maryland), along with Sherman and Morris, were the only four people to sign both the Articles of Confederation and the
United States ConstitutionThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
.
Presidents of the Congress
The following list is of those who led the
Congress of the ConfederationThe Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America from March 1, 1781, to March 4, 1789. It comprised delegates appointed by the legislatures of the states. It was the immediate successor to the Second Continental...
under the Articles of Confederation
as the Presidents of the United States in Congress Assembled. Under the Articles, the president was the presiding officer of Congress, chaired the Cabinet (the Committee of the States) when Congress was in recess, and performed other administrative functions. He was not, however, a chief
executive}}In the study of political science the executive branch of government has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the democratic idea of the separation of powers .In many...
in the way the successor
President of the United StatesThe President of the United States is the head of state and head of government of the United States and is the highest political official in the United States by influence and recognition...
is a chief executive, but all of the functions he executed were under the auspices and in service of the Congress.
- Samuel Huntington
Samuel Huntington was a jurist, statesman, and Patriot in the American Revolution from Connecticut. As a delegate to the Continental Congress, he signed the Declaration of Independence and the Articles of Confederation...
(March 1, 1781– July 9, 1781)
- Thomas McKean
Thomas McKean was an American lawyer and politician from New Castle, in New Castle County, Delaware, and Philadelphia, Pennsylvania. During the American Revolution he was a delegate to the Continental Congress where he signed the United States Declaration of Independence and served as a President...
(July 10, 1781–November 4, 1781)
- John Hanson
John Hanson was a merchant and public official from Maryland during the era of the American Revolution. After serving in a variety of roles for the Patriot cause in Maryland, in 1779 Hanson was elected as a delegate to the Continental Congress. He signed the Articles of Confederation in 1781 after...
(November 5, 1781– November 3, 1782)
- Elias Boudinot
Elias Boudinot was a lawyer and statesman from Elizabeth, New Jersey who was a delegate to the Continental Congress and a U.S. Congressman for New Jersey. He also served as President of the Continental Congress from 1782 to 1783 and Director of the United States Mint from 1795 until 1805.-Personal...
(November 4, 1782– November 2, 1783)
- Thomas Mifflin
Thomas Mifflin was an American merchant and politician from Philadelphia, Pennsylvania. He was a major general in the Continental Army during the American Revolution, a member of the Pennsylvania Provincial Assembly, a Continental Congressman from Pennsylvania, fifth President of the U.S...
(November 3, 1783– October 31, 1784)
- Richard Henry Lee
Richard Henry Lee was an American statesman from Virginia best known for the motion in the Second Continental Congress calling for the colonies' independence from Great Britain. His famous resolution of June 1776 led to the United States Declaration of Independence, which Lee signed...
(November 30, 1784– November 6, 1785)
- John Hancock
John Hancock was a merchant, statesman, and prominent Patriot of the American Revolution. He served as president of the Second Continental Congress and was the first governor of the Commonwealth of Massachusetts...
(November 23, 1785– May 29, 1786)
- Nathaniel Gorham
Nathaniel Gorham was the eighth President of the United States in Congress assembled, under the Articles of Confederation. He served from June 1786 to November 13, 1786. He was preceded in office by John Hancock and succeeded by Arthur St. Clair.Gorham was born in Charlestown, Massachusetts...
(June 6, 1786– November 5, 1786)
- Arthur St. Clair
Arthur St. Clair was an American soldier and politician. Born in Scotland, he served in the British Army during the French and Indian War before settling in Pennsylvania, where he held local office...
(February 2, 1787– November 4, 1787)
- Cyrus Griffin
Cyrus Griffin was a lawyer and judge who served as the last President of the Continental Congress, holding office from January 22, 1788, to November 2, 1788. He resigned after the ratification of the United States Constitution rendered the old Congress obsolete.Griffin was born in Farnham,...
(January 22, 1788– November 2, 1788)
For a full list of Presidents of the Congress Assembled and Presidents under the two Continental Congresses before the Articles, see
President of the Continental CongressThe President of the Continental Congress was the presiding officer of the Continental Congress, the convention of delegates that emerged as the first national government of the United States during the American Revolution. The president was a member of Congress elected by the other delegates to...
.
Revision and replacement
In May 1786,
Charles PinckneyCharles Pinckney was an American politician who was a signer of the United States Constitution, Governor of South Carolina, a Senator and a member of the House of Representatives...
of
South CarolinaSouth Carolina is a U.S. state that borders Georgia to the south and North Carolina to the north. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence from the British Crown during the American Revolution. The colony was...
proposed that Congress revise the Articles of Confederation. Recommended changes included granting
CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
power over foreign and domestic commerce, and providing means for Congress to collect money from state treasuries. Unanimous approval was necessary to make the alterations, however, and Congress failed to reach a consensus. The weakness of the Articles in establishing an effective unifying government was underscored by the threat of internal conflict both within and between the states, especially after
Shays' RebellionShays' Rebellion was an armed uprising in central and western Massachusetts from 1786 to 1787. The rebellion is named after Daniel Shays, a veteran of the American Revolution who led the rebels, known as "Shaysites" or "Regulators". Most of Shays's compatriots were poor farmers angered by what...
threatened to topple the state government of Massachusetts.
On January 21, 1786, the Virginia Legislature, following
James Madison'sJames Madison was an American politician and political philosopher who served as the fourth President of the United States , and was one of the Founding Fathers of the United States....
recommendation, invited all the states to send delegates to Annapolis, Maryland to discuss ways to reduce these interstate conflicts. At what came to be known as the
Annapolis ConventionThe Annapolis Convention was a meeting at Annapolis, Maryland of 12 delegates from five states that called for a constitutional convention. The formal title of the meeting was a Meeting of Commissioners to Remedy Defects of the Federal Government...
, the few state delegates in attendance endorsed a motion that called for all states to meet in Philadelphia in May, 1787 to discuss ways to improve the Articles of Confederation in a "Grand Convention." Although the states' representatives to the
Constitutional ConventionThe Philadelphia Convention took place from May 25 to September 17, 1787, in Philadelphia, Pennsylvania, to address problems in governing the United States of America, which had been operating under the Articles of...
in Philadelphia were only authorized to amend the Articles, the representatives held secret, closed-door sessions and wrote a new constitution. The new Constitution gave much more power to the central government, but characterization of the result is disputed. The general goal of the authors was to get as close to a
republicA republic is a form of government in which the head of state is not a monarch and the people have an impact on its government. The word 'republic' is derived from the Latin phrase res publica which can be translated as "a public affair".Both modern and ancient republics vary widely in their...
as defined by the philosophers of the
Age of EnlightenmentThe Age of Enlightenment, or simply The Enlightenment, is a term used to describe a time in Western philosophy and cultural life, centered upon the eighteenth century, in which reason was advocated as the primary source and legitimacy for authority....
, while trying to address the many difficulties of the interstate relationships. Historian Forrest McDonald, using the ideas of James Madison from Federalist 39, describes the change this way:
When approached after leaving the close of the Federal Convention, Benjamin Franklin was asked a question. This is the conversation as has been recorded,
The lady asked "Well, Doctor, what have we got—a Republic or a Monarchy?"
“A Republic, if you can keep it.” was the response of Benjamin Franklin.
Historian Ralph Ketcham comments on the opinions of
Patrick HenryPatrick Henry served as the first post-colonial Governor of Virginia from 1776 to 1779. A prominent figure in the American Revolution, Henry is known and remembered for his "Give me Liberty, or give me Death!" speech, and as one of the Founding Fathers of the United States...
,
George MasonGeorge Mason IV was an American patriot, statesman, and delegate from Virginia to the U.S. Constitutional Convention...
, and other
antifederalistsFor the faction opposed to the policies of U.S. President George Washington, see Anti-Administration Party.Anti-Federalism is a political philosophy which opposes the concept of Federalism...
who were not so eager to give up the local autonomy won by the revolution:
According to their own terms for modification (Article XIII), the Articles would still have been in effect until 1790, the year in which the last of the 13 states ratified the new Constitution. The Congress under the Articles continued to sit until November 1788, overseeing the adoption of the new Constitution by the states, and setting elections. By that date, 11 of the 13 states had ratified the new Constitution.
Historians have given many reasons for the perceived need to replace the articles in 1787. Jillson and Wilson (1994) point to the financial weakness as well as the norms, rules and institutional structures of the Congress, and the propensity to divide along sectional lines.
Rakove (1988) identifies several factors that explain the collapse of the Confederation. The lack of compulsory direct taxation power was objectionable to those wanting a strong centralized state or expecting to benefit from such power. It could not collect customs after the war because tariffs were vetoed by
Rhode IslandRhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
. Rakove concludes that their failure to implement national measures "stemmed not from a heady sense of independence but rather from the enormous difficulties that all the states encountered in collecting taxes, mustering men, and gathering supplies from a war-weary populace." The second group of factors Rakove identified derived from the substantive nature of the problems the Continental Congress confronted after 1783, especially the inability to create a strong foreign policy. Finally, the Confederation's lack of coercive power reduced the likelihood for profit to be made by political means, thus potential rulers were uninspired to seek power.
When the war ended in 1783, certain special interests had incentives to create a new "merchant state," much like the British state people had rebelled against. In particular, holders of war scrip and land speculators wanted a central government to pay off scrip at face value and to legalize western land holdings with disputed claims. Also, manufacturers wanted a high tariff as a barrier to foreign goods, but competition among states made this impossible without a central government.
Political scientist David C. Hendrickson writes that two prominent political leaders in the Confederation,
John JayJohn Jay was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, President of the Continental Congress from 1778 to 1779 and, from 1789 to 1795, the first Chief Justice of the United States...
of New York and
Thomas BurkeThomas Burke was an American physician, lawyer, and statesman from Hillsborough, North Carolina. He represented North Carolina as a delegate to the Continental Congress and was Governor of the state....
of North Carolina believed that "the authority of the congress rested on the prior acts of the several states, to which the states gave their voluntary consent, and until those obligations were fulfilled, neither nullification of the authority of congress, exercising its due powers, nor secession from the compact itself was consistent with the terms of their original pledges."
Law professor Daniel Farber argues that there was no clear consensus on the permanence of the Union or the issue of secession by the Founding Fathers. Farber wrote:
However, what if one or more states do violate the compact? One view, not only about the Articles but also the later Constitution, was that the state or states injured by such a breach could rightfully secede. This position was held by, among others,
Thomas JeffersonThomas Jefferson was the third President of the United States , the principal author of the Declaration of Independence , and one of the most influential Founding Fathers for his promotion of the ideals of republicanism in the United States...
and
John CalhounJohn Caldwell Calhoun was the 7th Vice President of the United States and a leading Southern politician from South Carolina during the first half of the 19th century. Calhoun was an advocate of slavery, states' rights, limited government, and nullification...
.
This view motivated discussions of secession and nullification at the
Hartford ConventionThe Hartford Convention was an event in 1814–1815 in the United States during the War of 1812 in which New England's opposition to the war reached the point where secession from the United States was discussed...
, the Virginia and Kentucky Resolutions, and the
Nullification CrisisThe Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson created by South Carolina's 1832 Ordinance of Nullification. This ordinance declared, by the power of the State itself, that the federal Tariff of 1828 and the federal Tariff of 1832 were unconstitutional and...
. In his book Life of Webster Sen. Henry Cabot Lodge writes A competing view, promoted by
Daniel WebsterDaniel Webster was a leading American statesman during the nation's Antebellum Period. He first rose to regional prominence through his defense of New England shipping interests...
and later by
Abraham LincolnAbraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through its greatest internal crisis, the American Civil War, preserving the Union and ending slavery...
, was that the Constitution (and Articles) established a
permanent unionA Perpetual Union of the 13 American states was a key element of the Articles of Confederation and Perpetual Union. The concept of a 'perpetual union' of the states was important enough to be a part of the title of the Articles...
. President
Andrew JacksonAndrew Jackson was the seventh President of the United States . He was military governor of Florida , commander of the American forces at the Battle of New Orleans , and eponym of the era of Jacksonian democracy...
during the
Nullification CrisisThe Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson created by South Carolina's 1832 Ordinance of Nullification. This ordinance declared, by the power of the State itself, that the federal Tariff of 1828 and the federal Tariff of 1832 were unconstitutional and...
, in his “Proclamation to the People of South Carolina”, made the case for the perpetuity of the Union while also contrasting the differences between “revolution” and “secession”:
This view, among others, was presented against declarations of secession from the Union by southern slave states as the
American Civil WarThe American Civil War , also known as the War Between the States and several other names, was a civil war in the United States of America. Eleven Southern slave states declared their secession from the United States and formed the Confederate States of America...
began.
See also
- History of the United States
The first known inhabitants of what is now the United States are believed to have arrived over a period of several thousand years beginning sometime prior to 15,000–50,000 years ago by crossing Beringia into Alaska...
- United States Constitution
The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
- United States Bill of Rights
In the United States, the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known. They were introduced by James Madison to the First United States Congress in 1789 as a series of articles, and came into effect on December 15, 1791, when they had...
External links
- Text Version of the Articles of Confederation
- Articles of Confederation and Perpetual Union
- Articles of Confederation and related resources, Library of Congress
The Library of Congress is the research library of the United States Congress and is the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and holds the largest number of books. The head...
- Today in History: November 15, Library of Congress
The Library of Congress is the research library of the United States Congress and is the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and holds the largest number of books. The head...
- United States Constitution Online - The Articles of Confederation
- Free Download of Articles of Confederation Audio
- The Articles of Confederation, Chapter 45 (see page 253) of Volume 4 of Conceived in Liberty
Conceived in Liberty, authored by Murray Rothbard, is a 4-volume set covering the complete history of the United States from the pre-colonial period through the American Revolution.- Brief summary :...
by Murray RothbardMurray Newton Rothbard was an American intellectual, individualist anarchist, author, and economist of the Austrian School who helped define modern libertarianism and popularized a form of free-market anarchism he termed "anarcho-capitalism"...
, in PDF format.