Search This Blog

Saturday, September 5, 2020

Shays' Rebellion

From Wikipedia, the free encyclopedia
 
Shays' Rebellion
Shays forces flee Continental troops, Springfield.jpg
An artist's depiction of the rebellion: Shays' troops repulsed from the armory at Springfield, Massachusetts in early 1787
DateAugust 29, 1786 – June 1787
Location
Western Massachusetts
Caused by
  • Economic policy
  • Aggressive tax and debt collection
  • Political corruption and cronyism
GoalsReform of state government, later its overthrow
MethodsDirect action to close courts, then military organization in attempt to capture the U.S. arsenal at the Springfield Armory
Resulted inRebellion crushed, and problems of Federal authority linked to the Articles of Confederation spur U.S. Constitutional Convention
Parties to the civil conflict
Anti-government protesters
United States United States
  • Massachusetts state militia
  • Privately-funded local militia
Lead figures
Number
4,000+ (largest force 1,500)
4,000+ (largest force 3,000)
Casualties and losses
  • 6 killed
  • Dozens wounded
  • Many arrested
  • 2 hanged afterward
  • 3 killed
  • Dozens wounded

Shays' Rebellion was an armed uprising in Western Massachusetts in opposition to a debt crisis among the citizenry and the state government's increased efforts to collect taxes both on individuals and their trades; the fight took place mostly in and around Springfield during 1786 and 1787. American Revolutionary War veteran Daniel Shays led four thousand rebels (called Shaysites) in a protest against economic and civil rights injustices. Shays was a farmhand from Massachusetts at the beginning of the Revolutionary War; he joined the Continental Army, saw action at the Battles of Lexington and Concord, Battle of Bunker Hill, and Battles of Saratoga, and was eventually wounded in action.
In 1787, Shays' rebels marched on the federal Springfield Armory in an unsuccessful attempt to seize its weaponry and overthrow the government. The federal government found itself unable to finance troops to put down the rebellion, and it was consequently put down by the Massachusetts State militia and a privately funded local militia. The widely held view was that the Articles of Confederation needed to be reformed as the country's governing document, and the events of the rebellion served as a catalyst for the Constitutional Convention and the creation of the new government.

There is still debate among scholars concerning the rebellion's influence on the Constitution and its ratification.

Background

Populist Governor John Hancock refused to crack down on tax delinquencies and accepted devalued paper currency for debts.
 
Artist's depiction of protesters watching a debtor in a scuffle with a tax collector by the courthouse at Springfield, Massachusetts. The insurrection was a tax-related rebellion.
 
The economy during the American Revolutionary War was largely subsistence agriculture in the rural parts of New England, particularly in the hill towns of central and western Massachusetts. Some residents in these areas had few assets beyond their land, and they bartered with one another for goods and services. In lean times, farmers might obtain goods on credit from suppliers in local market towns who would be paid when times were better. Conversely, there was a market economy in the more economically developed coastal areas of Massachusetts Bay and in the fertile Connecticut River Valley, driven by the activities of wholesale merchants dealing with Europe and the West Indies. The state government was dominated by this merchant class.

When the Revolutionary War ended in 1783, Massachusetts merchants' European business partners refused to extend lines of credit to them and insisted that they pay for goods with hard currency, despite the country-wide shortage of such currency. Merchants began to demand the same from their local business partners, including those operating in the market towns in the state's interior. Many of these merchants passed on this demand to their customers, although Governor John Hancock did not impose hard currency demands on poorer borrowers and refused to actively prosecute the collection of delinquent taxes. The rural farming population was generally unable to meet the demands of merchants and the civil authorities, and some began to lose their land and other possessions when they were unable to fulfill their debt and tax obligations. This led to strong resentments against tax collectors and the courts, where creditors obtained judgments against debtors, and where tax collectors obtained judgments authorizing property seizures. A farmer identified as "Plough Jogger" summarized the situation at a meeting convened by aggrieved commoners:
I have been greatly abused, have been obliged to do more than my part in the war, been loaded with class rates, town rates, province rates, Continental rates, and all rates ... been pulled and hauled by sheriffs, constables, and collectors, and had my cattle sold for less than they were worth ... The great men are going to get all we have and I think it is time for us to rise and put a stop to it, and have no more courts, nor sheriffs, nor collectors nor lawyers.
Veterans had received little pay during the war and faced added difficulty collecting pay owed to them from the State or the Congress of the Confederation, and some soldiers began to organize protests against these oppressive economic conditions. In 1780, Daniel Shays resigned from the army unpaid and went home to find himself in court for non-payment of debts. He soon realized that he was not alone in his inability to pay his debts and began organizing for debt relief.

Early rumblings

Governor James Bowdoin instituted a heavy tax burden and stepped up collection of back taxes.

One early protest against the government was led by Job Shattuck of Groton, Massachusetts in 1782, who organized residents to physically prevent tax collectors from doing their work. A second, larger-scale protest took place in Uxbridge, Massachusetts on the Rhode Island border on February 3, 1783 when a mob seized property that had been confiscated by a constable and returned it to its owners. Governor Hancock ordered the sheriff to suppress these actions.

Most rural communities attempted to use the legislative process to gain relief. Petitions and proposals were repeatedly submitted to the state legislature to issue paper currency, which would depreciate the currency and make it possible to pay a high-value debt with lower-valued paper. The merchants were opposed to the idea, including James Bowdoin, since they stood to lose from such measures, and the proposals were repeatedly rejected.

Governor Hancock resigned in early 1785 citing health reasons, though some suggested that he was anticipating trouble. Bowdoin had repeatedly lost to Hancock in earlier elections, but he was elected governor that year—and matters became more severe. He stepped up civil actions to collect back taxes, and the legislature exacerbated the situation by levying an additional property tax to raise funds for the state's portion of foreign debt payments. Even comparatively conservative commentators such as John Adams observed that these levies were "heavier than the People could bear".

Shutting down the courts

Protests in rural Massachusetts turned into direct action in August 1786 after the state legislature adjourned without considering the many petitions that had been sent to Boston. On August 29, a well-organized force of protestors formed in Northampton, Massachusetts and successfully prevented the county court from sitting. The leaders of this force proclaimed that they were seeking relief from the burdensome judicial processes that were depriving the people of their land and possessions. They called themselves Regulators, a reference to the Regulator movement of North Carolina which sought to reform corrupt practices in the late 1760s.

Shays' Rebellion is located in Massachusetts
Great Barrington
Great Barrington
Northampton
Northampton
Springfield
Springfield
Concord
Concord
Worcester
Worcester
Taunton
Taunton
Petersham
Petersham
Sheffield
Sheffield
This modern map of Massachusetts is annotated to show points of conflict. Places where military conflicts occurred are highlighted in red; the others are locations of courthouses that were shut down. The Quabbin Reservoir did not exist at the time between Petersham and Northampton.
 
Governor Bowdoin issued a proclamation on September 2 denouncing such mob action, but he took no military measures beyond planning a militia response to future actions. The court was then shut down in Worcester, Massachusetts by similar action on September 5, but the county militia refused to turn out, as it was composed mainly of men sympathetic to the protestors. Governors of the neighboring states acted decisively, calling out the militia to hunt down the ringleaders in their own states after the first such protests. Matters were resolved without violence in Rhode Island because the "country party" gained control of the legislature in 1786 and enacted measures forcing its merchants to trade debt instruments for devalued currency. Boston's merchants were concerned by this, especially Bowdoin who held more than £3,000 in Massachusetts notes.

Daniel Shays had participated in the Northampton action and began to take a more active role in the uprising in November, though he firmly denied that he was one of its leaders. The Supreme Judicial Court of Massachusetts indicted 11 leaders of the rebellion as "disorderly, riotous, and seditious persons". The court was scheduled to meet next in Springfield, Massachusetts on September 26, and Shays organized an attempt to shut it down in Northampton, while Luke Day organized an attempt in Springfield. They were anticipated by William Shepard, the local militia commander, who began gathering government-supporting militia the Saturday before the court was to sit, and he had 300 men protecting the Springfield courthouse by opening time. Shays and Day were able to recruit a similar number but chose only to demonstrate, exercising their troops outside of Shepard's lines rather than attempting to seize the building. The judges first postponed hearings and then adjourned on the 28th without hearing any cases. Shepard withdrew his force (which had grown to some 800 men) to the Springfield Armory, which was rumored to be the target of the protestors.

Militia general William Shepard defended the Springfield Armory against rebel action.
 
Protests were also successful in shutting down courts in Great Barrington, Concord, and Taunton, Massachusetts in September and October. James Warren wrote to John Adams on October 22, "We are now in a state of Anarchy and Confusion bordering on Civil War." Courts were able to meet in the larger towns and cities, but they required protection of the militia which Bowdoin called out for the purpose. Governor Bowdoin commanded the legislature to "vindicate the insulted dignity of government". Samuel Adams claimed that foreigners ("British emissaries") were instigating treason among the commoners, and he helped draw up a Riot Act and a resolution suspending habeas corpus in order to permit the authorities to keep people in jail without trial.

Adams proposed a new legal distinction that rebellion in a republic should be punished by execution. The legislature also moved to make some concessions on matters that upset farmers, saying that certain old taxes could now be paid in goods instead of hard currency. These measures were followed by one prohibiting speech critical of the government and offering pardons to protestors willing to take an oath of allegiance. These legislative actions were unsuccessful in quelling the protests, and the suspension of habeas corpus alarmed many.

Warrants were issued for the arrest of several of the protest ringleaders, and a posse of some 300 men rode to Groton on November 28 to arrest Job Shattuck and other rebel leaders in the area. Shattuck was chased down and arrested on the 30th and was wounded by a sword slash in the process. This action and the arrest of other protest leaders in the eastern parts of the state angered those in the west, and they began to organize an overthrow of the state government. "The seeds of war are now sown", wrote one correspondent in Shrewsbury, and by mid-January rebel leaders spoke of smashing the "tyrannical government of Massachusetts".

Rebellion

The federal government had been unable to recruit soldiers for the army because of a lack of funding, so Massachusetts leaders determined to act independently. On January 4, 1787, Governor Bowdoin proposed creating a privately funded militia army. Former Continental Army General Benjamin Lincoln solicited funds and raised more than £6,000 from more than 125 merchants by the end of January. The 3,000 militiamen who were recruited into this army were almost entirely from the eastern counties of Massachusetts, and they marched to Worcester on January 19.

General Benjamin Lincoln, portrait by Henry Sargent

While the government forces assembled, Shays and Day and other rebel leaders in the west organized their forces establishing regional regimental organizations that were run by democratically elected committees. Their first major target was the federal armory in Springfield. General Shepard had taken possession of the armory under orders from Governor Bowdoin, and he used its arsenal to arm a militia force of 1,200. He had done this despite the fact that the armory was federal property, not state, and he did not have permission from Secretary at War Henry Knox.

The insurgents were organized into three major groups and intended to surround and attack the armory simultaneously. Shays had one group east of Springfield near Palmer, Luke Day had a second force across the Connecticut River in West Springfield, and the force under Eli Parsons was to the north at Chicopee. The rebels had planned their assault for January 25, but Day changed this at the last minute and sent a message to Shays indicating that he would not be ready to attack until the 26th. Day's message was intercepted by Shepard's men, so the militia of Shays and Parsons approached the armory on the 25th not knowing that they would have no support from the west; instead, they found Shepard's militia waiting for them. Shepard first ordered warning shots fired over the heads of Shays' men, and then he ordered two cannons to fire grape shot. Four Shaysites were killed and 20 wounded. There was no musket fire from either side, and the rebel advance collapsed. Most of the rebel forces fled north, both Shays' men and Day's men, and they eventually regrouped at Amherst, Massachusetts.

General Lincoln immediately began marching west from Worcester with the 3,000 men that had been mustered. The rebels moved generally north and east to avoid him, eventually establishing a camp at Petersham, Massachusetts. They raided the shops of local merchants for supplies along the way and took some of the merchants hostage. Lincoln pursued them and reached Pelham, Massachusetts on February 2, some 30 miles (48 km) from Petersham. He led his militia on a forced march to Petersham through a bitter snowstorm on the night of February 3–4, arriving early in the morning. They surprised the rebel camp so thoroughly that the rebels scattered "without time to call in their out parties or even their guards". Lincoln claimed to capture 150 men but none of them were officers, and historian Leonard Richards has questioned the veracity of the report. Most of the leadership escaped north into New Hampshire and Vermont, where they were sheltered despite repeated demands that they be returned to Massachusetts for trial.

Aftermath

This monument marks the spot of the final battle of Shays' Rebellion in Sheffield, Massachusetts.

Lincoln's march marked the end of large-scale organized resistance. Ringleaders who eluded capture fled to neighboring states, and pockets of local resistance continued. Some rebel leaders approached Lord Dorchester for assistance, the British governor of the Province of Quebec who reportedly promised assistance in the form of Mohawk warriors led by Joseph Brant. Dorchester's proposal was vetoed in London, however, and no assistance came to the rebels. The same day that Lincoln arrived at Petersham, the state legislature passed bills authorizing a state of martial law and giving the governor broad powers to act against the rebels. The bills also authorized state payments to reimburse Lincoln and the merchants who had funded the army, and authorized the recruitment of additional militia. On February 16, 1787, the Massachusetts legislature passed the Disqualification Act to prevent a legislative response by rebel sympathizers. This bill forbade any acknowledged rebels from holding a variety of elected and appointed offices.

Most of Lincoln's army melted away in late February as enlistments expired, and he commanded only 30 men at a base in Pittsfield by the end of the month. In the meantime, some 120 rebels had regrouped in New Lebanon, New York, and they crossed the border on February 27, marching first on Stockbridge, Massachusetts, a major market town in the southwestern corner of the state. They raided the shops of merchants and the homes of merchants and local professionals. This came to the attention of Brigadier John Ashley, who mustered a force of some 80 men and caught up with the rebels in nearby Sheffield late in the day for the bloodiest encounter of the rebellion: 30 rebels were wounded (one mortally), at least one government soldier was killed, and many were wounded. Ashley was further reinforced after the encounter, and he reported taking 150 prisoners.

Consequences

Four thousand people signed confessions acknowledging participation in the events of the rebellion in exchange for amnesty. Several hundred participants were eventually indicted on charges relating to the rebellion, but most of these were pardoned under a general amnesty that only excluded a few ringleaders. Eighteen men were convicted and sentenced to death, but most of these were overturned on appeal, pardoned, or had the sentences commuted. John Bly and Charles Rose, however, were hanged on December 6, 1787. They were also accused of common-law crime, as both were looters.

Shays was pardoned in 1788 and he returned to Massachusetts from hiding in the Vermont woods. He was vilified by the Boston press, who painted him as an archetypal anarchist opposed to the government. He later moved to the Conesus, New York area where he died poor and obscure in 1825.

The crushing of the rebellion and the harsh terms of reconciliation imposed by the Disqualification Act all worked against Governor Bowdoin politically. He received few votes from the rural parts of the state and was trounced by John Hancock in the gubernatorial election of 1787. The military victory was tempered by tax changes in subsequent years. The legislature cut taxes and placed a moratorium on debts and also refocused state spending away from interest payments, resulting in a 30-percent decline in the value of Massachusetts securities as those payments fell in arrears.

Vermont was an unrecognized independent republic that had been seeking independent statehood from New York's claims to the territory. It became an unexpected beneficiary of the rebellion due to sheltering the rebel ringleaders. Alexander Hamilton broke from other New Yorkers, including major landowners with claims on Vermont territory, calling for the state to recognize and support Vermont's bid for admission to the union. He cited Vermont's de facto independence and its ability to cause trouble by providing support to the discontented from neighboring states, and he introduced legislation that broke the impasse between New York and Vermont. Vermonters responded favorably to the overture, publicly pushing Eli Parsons and Luke Day out of the state (but quietly continuing to support others). Vermont became the fourteenth state after negotiations with New York and the passage of the new constitution.

Impact on the Constitution

Thomas Jefferson was serving as ambassador to France at the time and refused to be alarmed by Shays' Rebellion. He argued in a letter to James Madison on January 30, 1787 that occasional rebellion serves to preserve freedoms. In a letter to William Stephens Smith on November 13, 1787, Jefferson wrote, "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure." In contrast, George Washington had been calling for constitutional reform for many years, and he wrote in a letter dated October 31, 1786 to Henry Lee, "You talk, my good sir, of employing influence to appease the present tumults in Massachusetts. I know not where that influence is to be found, or, if attainable, that it would be a proper remedy for the disorders. Influence is not government. Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once."

Influence upon the Constitutional Convention

The 1787 Constitutional Convention by Junius Brutus Stearns, 1856
 
At the time of the rebellion, the weaknesses of the federal government as constituted under the Articles of Confederation were apparent to many. A vigorous debate was going on throughout the states on the need for a stronger central government, with Federalists arguing for the idea, and Anti-Federalists opposing them. Historical opinion is divided on what sort of role the rebellion played in the formation and later ratification of the United States Constitution, although most scholars agree that it played some role, at least temporarily drawing some anti-Federalists to the strong government side.

By early 1785, many influential merchants and political leaders were already agreed that a stronger central government was needed. Shortly after Shays' Rebellion broke out, delegates from five states met in Annapolis, Maryland from September 11–14, 1786, and they concluded that vigorous steps were needed to reform the federal government, but they disbanded because of a lack of full representation and authority, calling for a convention of all the states to be held in Philadelphia in May 1787. Historian Robert Feer notes that several prominent figures had hoped that the convention would fail, requiring a larger-scale convention, and French diplomat Louis-Guillaume Otto thought that the convention was intentionally broken off early to achieve this end.

In early 1787, John Jay wrote that the rural disturbances and the inability of the central government to fund troops in response made "the inefficiency of the Federal government more and more manifest". Henry Knox observed that the uprising in Massachusetts clearly influenced local leaders who had previously opposed a strong federal government. Historian David Szatmary writes that the timing of the rebellion "convinced the elites of sovereign states that the proposed gathering at Philadelphia must take place". Some states delayed choosing delegates to the proposed convention, including Massachusetts, in part because it resembled the "extra-legal" conventions organized by the protestors before the rebellion became violent.

Influence upon the Constitution

Elbridge Gerry (1861 portrait by James Bogle) opposed the Constitution as drafted, although his reasons for doing so were not strongly influenced by the rebellion.
 
The convention that met in Philadelphia was dominated by strong-government advocates. Delegate Oliver Ellsworth of Connecticut argued that because the people could not be trusted (as exemplified by Shays' Rebellion), the members of the federal House of Representatives should be chosen by state legislatures, not by popular vote. The example of Shays' Rebellion may also have been influential in the addition of language to the constitution concerning the ability of states to manage domestic violence, and their ability to demand the return of individuals from other states for trial.

The rebellion also played a role in the discussion of a number of the executives. While mindful of tyranny, delegates of the Constitutional Convention thought that the single executive would be more effective in responding to national disturbances.

Federalists cited the rebellion as an example of the confederation government's weaknesses, while opponents such as Elbridge Gerry, a merchant speculator and Massachusetts delegate from Essex County, thought that a federal response to the rebellion would have been even worse than that of the state. He was one of the few convention delegates who refused to sign the new constitution, although his reasons for doing so did not stem from the rebellion.

Influence upon ratification

When the constitution had been drafted, Massachusetts was viewed by Federalists as a state that might not ratify it, because of widespread anti-Federalist sentiment in the rural parts of the state. Massachusetts Federalists, including Henry Knox, were active in courting swing votes in the debates leading up to the state's ratifying convention in 1788. When the vote was taken on February 6, 1788, representatives of rural communities involved in the rebellion voted against ratification by a wide margin, but the day was carried by a coalition of merchants, urban elites, and market town leaders. The state ratified the constitution by a vote of 187 to 168.

Historians are divided on the impact the rebellion had on the ratification debates. Robert Feer notes that major Federalist pamphleteers rarely mentioned it, and that some anti-Federalists used the fact that Massachusetts survived the rebellion as evidence that a new constitution was unnecessary. Leonard Richards counters that publications like the Pennsylvania Gazette explicitly tied anti-Federalist opinion to the rebel cause, calling opponents of the new constitution "Shaysites" and the Federalists "Washingtonians".

David Szatmary argues that debate in some states was affected, particularly in Massachusetts, where the rebellion had a polarizing effect. Richards records Henry Jackson's observation that opposition to ratification in Massachusetts was motivated by "that cursed spirit of insurgency", but that broader opposition in other states originated in other constitutional concerns expressed by Elbridge Gerry, who published a widely distributed pamphlet outlining his concerns about the vagueness of some of the powers granted in the constitution and its lack of a Bill of Rights.

The military powers enshrined in the constitution were soon put to use by President George Washington. After the passage by the United States Congress of the Whiskey Act, protest against the taxes it imposed began in western Pennsylvania. The protests escalated and Washington led federal and state militia to put down what is now known as the Whiskey Rebellion.

Memorials

The events and people of the uprising are commemorated in the towns where they lived and those where events took place. Sheffield erected a memorial (pictured above) marking the site of the "last battle", and Pelham memorialized Daniel Shays. US Route 202, which runs through Pelham, is called the Daniel Shays Highway. A statue of General Shepard was erected in his hometown of Westfield.

In the town of Petersham, Massachusetts, a memorial was erected in 1927 by the New England Society of Brooklyn, New York. The memorial commemorates the government's General Benjamin Lincoln, who raised 3,000 troops and routed the rebellion on February 4, 1787. It ends with the line, "Obedience to the law is true liberty."

Articles of Confederation

From Wikipedia, the free encyclopedia
 
Articles of Confederation
Articles page1.jpg
Page I of the Articles of Confederation
CreatedNovember 15, 1777
RatifiedMarch 1, 1781
LocationNational Archives
Author(s)Continental Congress
SignatoriesContinental Congress
PurposeFirst constitution for the United States; replaced by the current United States Constitution on March 4, 1789

The Articles of Confederation and Perpetual Union was an agreement among the 13 original states of the United States of America that served as its first constitution. It was approved, after much debate (between July 1776 and November 1777), by the Second Continental Congress on November 15, 1777, and sent to the states for ratification. The Articles of Confederation came into force on March 1, 1781, after being ratified by all 13 states. A guiding principle of the Articles was to preserve the independence and sovereignty of the states. The weak central government established by the Articles received only those powers which the former colonies had recognized as belonging to king and parliament.

The document provided clearly written rules for how the states' "league of friendship" 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 politically once the Articles of Confederation went into effect, as ratification did little more than legalize 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.

As the Confederation Congress attempted to govern the continually growing American states, delegates discovered that the limitations placed upon the central government rendered it ineffective at doing so. As the government's weaknesses became apparent, especially after Shays' Rebellion, some prominent political thinkers in the fledgling union began asking for changes to the Articles. Their hope was to create a stronger government. Initially, some states met to deal with their trade and economic problems. However, as more states became interested in meeting to change the Articles, a meeting was set in Philadelphia on May 25, 1787. This became the Constitutional Convention. It was quickly agreed that changes would not work, and instead the entire Articles needed to be replaced. On March 4, 1789, the government under the Articles was replaced with the federal government under the Constitution. The new Constitution provided for a much stronger federal government by establishing a chief executive (the President), courts, and taxing powers.

Background and context

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.
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

Historical 13-cent postage stamp commemorating the Articles of Confederation 200th anniversary
1977 13-cent U.S. Postage stamp commemorating the Articles of Confederation bicentennial; the draft was completed on November 15, 1777
 
On June 12, 1776, a day after appointing a committee to prepare a draft of the Declaration of Independence, the Second Continental Congress resolved to appoint a committee of 13 to prepare a draft of a constitution for a union of the states. The committee met frequently, and chairman John Dickinson presented their results to the Congress on July 12, 1776. Afterward, there were long debates on such issues as state sovereignty, the exact powers to be given to Congress, whether to have a judiciary, western land claims and voting procedures. To further complicate work on the constitution, Congress was forced to leave Philadelphia twice, for Baltimore, Maryland, in the winter of 1776, and later for Lancaster then York, Pennsylvania, in the fall of 1777, to evade advancing British troops. Even so, the committee continued with its work.

The final draft of the Articles of Confederation and Perpetual Union was completed on November 15, 1777. Consensus was achieved by: including language guaranteeing that each state retained its sovereignty, leaving the matter of western land claims in the hands of the individual states, including language stating that votes in Congress would be en bloc by state, and establishing a unicameral legislature with limited and clearly delineated powers.

Ratification

The Articles of Confederation was submitted to the states for ratification in late November 1777. The first state to ratify was Virginia on December 16, 1777; 12 states had ratified the Articles by February 1779, 14 months into the process. The lone holdout, Maryland, refused to go along until the landed states, especially Virginia, had indicated they were prepared to cede their claims west of the Ohio River to the Union. It would be two years before the Maryland General Assembly became satisfied that the various states would follow through, and voted to ratify. During this time, Congress observed the Articles as its de facto frame of government. Maryland finally ratified the Articles on February 2, 1781. Congress was informed of Maryland's assent on March 1, and officially proclaimed the Articles of Confederation to be the law of the land.

The several states ratified the Articles of Confederation on the following dates:

State Date
1 Seal of Virginia.svg Virginia December 16, 1777
2 Seal of South Carolina.svg South Carolina February 5, 1778
3 Seal of New York.svg New York February 6, 1778
4 Seal of Rhode Island.svg Rhode Island February 9, 1778
5 Seal of Connecticut.svg Connecticut February 12, 1778
6 Seal of Georgia.svg Georgia February 26, 1778
7 Seal of New Hampshire.svg New Hampshire March 4, 1778
8 Seal of Pennsylvania.svg Pennsylvania March 5, 1778
9 Seal of Massachusetts.svg Massachusetts March 10, 1778
10 Seal of North Carolina.svg North Carolina April 5, 1778
11 Seal of New Jersey.svg New Jersey November 19, 1778
12 Seal of Delaware.svg Delaware February 1, 1779
13 Seal of Maryland (reverse).svg Maryland February 2, 1781

Article summaries

The Articles of Confederation contain a preamble, thirteen articles, a conclusion, and a signatory section. The individual articles set the rules for current and future operations of the confederation's central government. Under the Articles, the states retained sovereignty over all governmental functions not specifically relinquished to the national Congress, which was empowered to make war and peace, negotiate diplomatic and commercial agreements with foreign countries, and to resolve disputes between the states. The document also stipulates that its provisions "shall be inviolably observed by every state" and that "the Union shall be perpetual". 

Summary of the purpose and content of each of the 13 articles:
  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 assented. 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.

Congress under the Articles

The army

Under the Articles, Congress had the authority to regulate and fund the Continental Army, but it lacked the power to compel the States to comply with requests for either troops or funding. This left the military vulnerable to inadequate funding, supplies, and even food. Further, although the Articles enabled the 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:
George Washington had been one of the very first proponents of a strong federal government. The army had nearly disbanded on several occasions during the winters of the war because of the weaknesses of the Continental Congress. ... The delegates could not draft soldiers and had to send requests for regular troops and militia to the states. Congress had the right to order the production and purchase of provisions for the soldiers, but could not force anyone to supply them, and the army nearly starved in several winters of war.
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 1783–84. General Henry Knox, who would later become the first Secretary of War under the Constitution, blamed the weaknesses of the Articles for the inability of the government to fund the army. The army had long been supportive of a strong union. Knox wrote:
The army generally have always reprobated the idea of being thirteen armies. Their ardent desires have been to be one continental body looking up to one sovereign. ... It is a favorite toast in the army, "A hoop to the barrel" or "Cement to the Union".
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 had been won, the Continental Army was largely disbanded. A very small national force was maintained to man the frontier forts and to 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, George Washington defused the Newburgh conspiracy, but riots by unpaid Pennsylvania veterans forced Congress to leave Philadelphia temporarily.

The Congress from time to time during the Revolutionary War requisitioned troops from the states. Any contributions were voluntary, and in the debates of 1788, the Federalists (who supported the proposed new Constitution) claimed that state politicians acted unilaterally, and contributed when the Continental army protected their state's interests. The Anti-Federalists claimed that state politicians understood their duty to the Union and contributed to advance its needs. Dougherty (2009) concludes that generally the States' behavior validated the Federalist analysis. This helps explain why the Articles of Confederation needed reforms.

Foreign policy

The 1783 Treaty of Paris, which ended hostilities with Great Britain, languished in Congress for several months because too few delegates were present at any one time to constitute a quorum so that it could be ratified. Afterward, the problem only got worse as Congress had no power to enforce attendance. Rarely did more than half of the roughly sixty delegates attend a session of Congress at the time, causing difficulties in raising a quorum. The resulting paralysis embarrassed and frustrated many American nationalists, including George Washington. Many of the most prominent national leaders, such as Washington, John Adams, John Hancock, and Benjamin Franklin, retired from public life, served as foreign delegates, or held office in state governments; and for the general public, local government and self-rule seemed quite satisfactory. This served to exacerbate Congress's impotence.

Inherent weaknesses in the confederation's frame of government also frustrated the ability of the government to conduct foreign policy. In 1786, Thomas Jefferson, concerned over the failure of Congress to fund an American naval force to confront the Barbary pirates, wrote in a diplomatic correspondence to James Monroe that, "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."

Furthermore, the 1786 Jay–Gardoqui Treaty with Spain also showed weakness in foreign policy. In this treaty, which was never ratified, the United States was to give up rights to use the Mississippi River for 25 years, which would have economically strangled the settlers west of the Appalachian Mountains. Finally, due to the Confederation's military weakness, it could not compel the British army to leave frontier forts which were on American soil — forts which, in 1783, the British promised to leave, but which they delayed leaving pending U.S. implementation of other provisions such as ending action against Loyalists and allowing them to seek compensation. This incomplete British implementation of the Treaty of Paris would later be resolved by the implementation of Jay's Treaty in 1795 after the federal Constitution came into force.

Taxation and commerce

Under the Articles of Confederation, the central government's power was kept quite limited. The Confederation Congress could make decisions but lacked enforcement powers. Implementation of most decisions, including modifications to the Articles, required unanimous approval of all thirteen state legislatures.

Congress was denied any powers of taxation: it could only request money from the states. The states often failed to meet these requests in full, leaving both Congress and the Continental Army chronically short of money. As more money was printed by Congress, the continental dollars depreciated. In 1779, George Washington wrote to John Jay, who was serving as the president of the Continental Congress, "that a wagon load of money will scarcely purchase a wagon load of provisions." Mr. 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 any of the money requested from them. 

Congress had also been denied the power to regulate either foreign trade or interstate commerce and, as a result, all of the States maintained control over their own trade policies. The states and the Confederation Congress both incurred large debts during the Revolutionary War, and how to repay those debts became a major issue of debate following the War. Some States paid off their war debts and others did not. Federal assumption of the states' war debts became a major issue in the deliberations of the Constitutional Convention.

Accomplishments

Nevertheless, the Confederation Congress did take two actions with long-lasting impact. The Land Ordinance of 1785 and Northwest Ordinance created territorial government, set up protocols for the admission of new states and the division of land into useful units, and set aside land in each township for public use. This system represented a sharp break from imperial colonization, as in Europe, and it established the precedent by which the national (later, federal) government would be sovereign and expand westward—as opposed to the existing states doing so under their sovereignty.

The Land Ordinance of 1785 established both the general practices of land surveying in the west and northwest and the land ownership provisions used throughout the later westward expansion beyond the Mississippi River. Frontier lands were surveyed into the now-familiar squares of land called the township (36 square miles), the section (one square mile), and the quarter section (160 acres). This system was carried forward to most of the States west of the Mississippi (excluding areas of Texas and California that had already been surveyed and divided up by the Spanish Empire). Then, when the Homestead Act was enacted in 1867, the quarter section became the basic unit of land that was granted to new settler-farmers.

The Northwest Ordinance of 1787 noted the agreement of the original states to give up northwestern land claims, organized the Northwest Territory and laid the groundwork for the eventual creation of new states. While it didn't happen under the articles, the land north of the Ohio River and west of the (present) western border of Pennsylvania ceded by Massachusetts, Connecticut, New York, Pennsylvania, and Virginia, eventually became the states of: Ohio, Indiana, Illinois, Michigan, and Wisconsin, and the part of Minnesota east of the Mississippi River. The Northwest Ordinance of 1787 also made great advances in the abolition of slavery. New states admitted to the union in this territory would never be slave states.




No new states were admitted to the Union under the Articles of Confederation. The Articles provided for a blanket acceptance of the Province of Quebec (referred to as "Canada" in the Articles) into the United States if it chose to do so. It did not, and the subsequent Constitution carried no such special provision of admission. Additionally, ordinances to admit Frankland (later modified to Franklin), Kentucky, and Vermont to the Union were considered, but none were approved.

Presidents of Congress

Under the Articles of Confederation, the presiding officer of Congress—referred to in many official records as President of the United States in Congress Assembled—chaired the Committee of the States when Congress was in recess, and performed other administrative functions. He was not, however, an executive in the way the later President of the United States is a chief executive, since all of the functions he executed were under the direct control of Congress.

There were 10 presidents of Congress under the Articles. The first, Samuel Huntington, had been serving as president of the Continental Congress since September 28, 1779.


President Term
Samuel Huntington March 1, 1781 – July 10, 1781
Thomas McKean July 10, 1781 – November 5, 1781
John Hanson November 5, 1781 – November 4, 1782
Elias Boudinot November 4, 1782 – November 3, 1783
Thomas Mifflin November 3, 1783 – June 3, 1784
Richard Henry Lee November 30, 1784 – November 4, 1785
John Hancock November 23, 1785 – June 5, 1786
Nathaniel Gorham June 6, 1786 – November 3, 1786
Arthur St. Clair February 2, 1787 – November 4, 1787
Cyrus Griffin January 22, 1788 – November 15, 1788

The U.S. under the Articles

The peace treaty left the United States independent and at peace but with an unsettled governmental structure. The Articles envisioned a permanent confederation but granted to the Congress—the only federal institution—little power to finance itself or to ensure that its resolutions were enforced. There was no president, no executive agencies, no judiciary, and no tax base. The absence of a tax base meant that there was no way to pay off state and national debts from the war years except by requesting money from the states, which seldom arrived. Although historians generally agree that the Articles were too weak to hold the fast-growing nation together, they do give credit to the settlement of the western issue, as the states voluntarily turned over their lands to national control.

By 1783, with the end of the British blockade, the new nation was regaining its prosperity. However, trade opportunities were restricted by the mercantilism of the British and French empires. The ports of the British West Indies were closed to all staple products which were not carried in British ships. France and Spain established similar policies. Simultaneously, new manufacturers faced sharp competition from British products which were suddenly available again. Political unrest in several states and efforts by debtors to use popular government to erase their debts increased the anxiety of the political and economic elites which had led the Revolution. The apparent inability of the Congress to redeem the public obligations (debts) incurred during the war, or to become a forum for productive cooperation among the states to encourage commerce and economic development, only aggravated a gloomy situation. In 1786–87, Shays' Rebellion, an uprising of dissidents in western Massachusetts against the state court system, threatened the stability of state government.

The Continental Congress printed paper money which was so depreciated that it ceased to pass as currency, spawning the expression "not worth a continental". Congress could not levy taxes and could only make requisitions upon the States. Less than a million and a half dollars came into the treasury between 1781 and 1784, although the governors had been asked for two million in 1783 alone.

When John Adams went to London in 1785 as the first representative of the United States, he found it impossible to secure a treaty for unrestricted commerce. Demands were made for favors and there was no assurance that individual states would agree to a treaty. Adams stated it was necessary for the States to confer the power of passing navigation laws to Congress, or that the States themselves pass retaliatory acts against Great Britain. Congress had already requested and failed to get power over navigation laws. Meanwhile, each State acted individually against Great Britain to little effect. When other New England states closed their ports to British shipping, Connecticut hastened to profit by opening its ports.

By 1787 Congress was unable to protect manufacturing and shipping. State legislatures were unable or unwilling to resist attacks upon private contracts and public credit. Land speculators expected no rise in values when the government could not defend its borders nor protect its frontier population.

The idea of a convention to revise the Articles of Confederation grew in favor. Alexander Hamilton realized while serving as Washington's top aide that a strong central government was necessary to avoid foreign intervention and allay the frustrations due to an ineffectual Congress. Hamilton led a group of like-minded nationalists, won Washington's endorsement, and convened the Annapolis Convention in 1786 to petition Congress to call a constitutional convention to meet in Philadelphia to remedy the long-term crisis.

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 Congress. On November 28, the copies sent to the states for ratification were unsigned, and the cover letter, dated November 17, had only the signatures of Henry Laurens and Charles Thomson, who were the President 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 Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Virginia and South Carolina signed the Articles to indicate that their states had ratified. New Jersey, Delaware and Maryland could not, since their states had not ratified. North Carolina and Georgia also were unable to 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. Chevalier de La Luzerne, French Minister to the United States, felt that the Articles would help strengthen the American government. In 1780 when Maryland requested France provide naval forces in the Chesapeake Bay for protection from the British (who were conducting raids in the lower part of the bay), he indicated that French Admiral Destouches would do what he could but La Luzerne also “sharply pressed” Maryland to ratify the Articles, thus suggesting the two issues were related.

The Act of the Maryland legislature to ratify the Articles of Confederation, February 2, 1781
 
On February 2, 1781, the much-awaited decision was taken by the Maryland General Assembly in Annapolis. As the last piece of business during the afternoon Session, "among engrossed Bills" was "signed and sealed by Governor Thomas Sim Lee 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 confirmation signing of the Articles by the two Maryland delegates took place in Philadelphia at noon time on March 1, 1781, and was celebrated in the afternoon. With these events, the Articles were entered into force and the United States of America came into being as a sovereign federal 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.

Signers

The signers and the states they represented were: 

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 Independence, the Articles of Confederation and the United States Constitution.




Robert Morris (Pennsylvania) signed three of the great state papers of the United States: the United States Declaration of Independence, the Articles of Confederation and the United States Constitution.

John Dickinson (Delaware), Daniel Carroll (Maryland) and Gouverneur Morris (New York), along with Sherman and Robert Morris, were the only five people to sign both the Articles of Confederation and the United States Constitution (Gouverneur Morris represented Pennsylvania when signing the Constitution).

Gallery

Original parchment pages of the Articles of Confederation, National Archives and Records Administration.

Revision and replacement

On January 21, 1786, the Virginia Legislature, following James Madison's recommendation, invited all the states to send delegates to Annapolis, Maryland to discuss ways to reduce interstate conflict. At what came to be known as the Annapolis Convention, 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 Convention 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 close to a republic as defined by the philosophers of the Age of Enlightenment, 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:
The constitutional reallocation of powers created a new form of government, unprecedented under the sun. Every previous national authority either had been centralized or else had been a confederation of sovereign states. The new American system was neither one nor the other; it was a mixture of both.
In May 1786, Charles Pinckney of South Carolina proposed that Congress revise the Articles of Confederation. Recommended changes included granting Congress 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' Rebellion threatened to topple the state government of Massachusetts.

Historian Ralph Ketcham comments on the opinions of Patrick Henry, George Mason, and other Anti-Federalists who were not so eager to give up the local autonomy won by the revolution:
Antifederalists feared what Patrick Henry termed the "consolidated government" proposed by the new Constitution. They saw in Federalist hopes for commercial growth and international prestige only the lust of ambitious men for a "splendid empire" that, in the time-honored way of empires, would oppress the people with taxes, conscription, and military campaigns. Uncertain that any government over so vast a domain as the United States could be controlled by the people, Antifederalists saw in the enlarged powers of the general government only the familiar threats to the rights and liberties of the people.
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 Island. 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.

Legitimacy of closing down

Political scientist David C. Hendrickson writes that two prominent political leaders in the Confederation, John Jay of New York and Thomas Burke 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."

According to Article XIII of the Confederation, any alteration had to be approved unanimously:
[T]he Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
On the other hand, Article VII of the proposed Constitution stated that it would become effective after ratification by a mere nine states, without unanimity:
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
The apparent tension between these two provisions was addressed at the time, and remains a topic of scholarly discussion. In 1788, James Madison remarked (in Federalist No. 40) that the issue had become moot: "As this objection...has been in a manner waived by those who have criticised the powers of the convention, I dismiss it without further observation." Nevertheless, it is an interesting historical and legal question whether opponents of the Constitution could have plausibly attacked the Constitution on that ground. At the time, there were state legislators who argued that the Constitution was not an alteration of the Articles of Confederation, but rather would be a complete replacement so the unanimity rule did not apply. Moreover, the Confederation had proven woefully inadequate and therefore was supposedly no longer binding.

Modern scholars such as Francisco Forrest Martin agree that the Articles of Confederation had lost its binding force because many states had violated it, and thus "other states-parties did not have to comply with the Articles' unanimous consent rule". In contrast, law professor Akhil Amar suggests that there may not have really been any conflict between the Articles of Confederation and the Constitution on this point; Article VI of the Confederation specifically allowed side deals among states, and the Constitution could be viewed as a side deal until all states ratified it.

Final months

On July 3, 1788, the Congress received New Hampshire's all-important ninth ratification of the proposed Constitution, thus, according to its terms, establishing it as the new framework of governance for the ratifying states. The following day delegates considered a bill to admit Kentucky into the Union as a sovereign state. The discussion ended with Congress making the determination that, in light of this development, it would be "unadvisable" to admit Kentucky into the Union, as it could do so "under the Articles of Confederation" only, but not "under the Constitution".

By the end of July 1788, 11 of the 13 states had ratified the new Constitution. Congress continued to convene under the Articles with a quorum until October. On Saturday, September 13, 1788, the Confederation Congress voted the resolve to implement the new Constitution, and on Monday, September 15 published an announcement that the new Constitution had been ratified by the necessary nine states, set the first Wednesday in February 1789 for the presidential electors to meet and select a new president, and set the first Wednesday of March 1789 as the day the new government would take over and the government under the Articles of Confederation would come to an end. On that same September 13, it determined that New York would remain the national capital.

Operator (computer programming)

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Operator_(computer_programmin...