History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The period which now followed was a part of the interval during which
the Articles of Confederation were pending in Congress. We have seen
that the plan of a confederation was reported to that body in July,
1776, and finally adopted for recommendation to the States in November,
1777. But soon after the extraordinary powers had been conferred upon
General Washington, the attendance of the members began to diminish, and
several of the most eminent and able men, who had hitherto served,
retired from Congress. In January, 1777, there were no delegations
present from the States of Delaware and New York;[125] and in February,
the absence of many distinguished men, whose counsels had been of vast
importance, made a striking deficiency. The formation of the State
governments, and the local affairs of the States, absorbed for a time,
with a few important exceptions, the best civil talent in the
country.[126]
While the personal efficiency and wisdom of the Congress thus sensibly
declined, no change took place in the nature of their powers, or in
their relations to the States, that would impart greater vigor to their
proceedings. The delegations of many of the States were renewed in the
winter of 1776-7; but there was a great diversity, and in some cases a
great vagueness, in their instructions.[127] In such a state of
things,--with no uniform rule prescribing the powers of the Congress,
and with some uncertainty in that body itself with regard to its
authority to confer upon the Commander-in-chief the powers with which he
was now invested,--however general might be the readiness of the country
to acquiesce in their necessity, it is not surprising that State
jealousy was sometimes aroused, or that it should have been unreasonable
in some of its manifestations.
A striking instance of this jealousy occurred upon the occasion of a
proclamation issued by General Washington at Morristown, on the 25th of
January, 1777. Sir William Howe had published a proclamation in New
Jersey, offering protection to such of the inhabitants as would take an
oath of allegiance to the King. Many of the substantial farmers of the
country had availed themselves of this offer, and had received
protections from the British general. The English and Hessian troops,
however, made no distinction between friends and foes, but frequently
committed great outrages both upon person and property. The resentment
of the population would have restored them to the patriot side; but many
who had taken the oath of allegiance felt, or affected, in consequence,
scruples of conscience.
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