The Continental Monthly, Vol III, Issue VI, June, 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol III, Issue VI, June, 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
The Articles of Confederation were entered on within four days after the
second anniversary of the Declaration of Independence, by the same body
which adopted that instrument, and about nine years before the adoption
of the Constitution in convention. The three years which just elapsed
had been a season of singular and searching trial. While unity of
feeling was compelled in the face of a powerful and aggressive foe, and
in the defence of liberties held and prized in common, the mutual
relations of the colonies were so indefinitely ascertained, and
authority was so loosely bestowed, that unity of action was impossible;
there was no power to do the very things which necessity and desire
alike dictated. Having taken up arms against the most powerful nation of
the time, whose system enabled it to concentrate vast energies on the
subjugation of this dozen revolted colonies scattered along the Atlantic
coast, they found themselves in so helplessly disorganized a condition,
that, separated from the mother country, they could hardly, for any
length of time, have successfully pursued the quiet life of peace.
Under these circumstances, they bound themselves together by Articles of
Confederation. These were, what similar articles had always been, a
species of treaty, having peculiar objects, seeking them in a peculiar
way, and declared perpetual, but having an obligation no stronger than
that of a treaty, and practically dissoluble at the will of the parties.
Thus, the States issued letters of marque and reprisal; Congress
determined on peace and war, but the States were depended on to accept
the former and carry on the latter when declared. Congress might
ascertain the number of ships and men to be furnished, but the States
appointed the officers. Congress might fix the sums necessary to be used
in defraying public expenses, but the States must raise them. Congress
might regulate the value of coin, but the States might issue it. The
loose character of this tie is seen still more plainly in the fact that
there was no efficient final tribunal. The commissioners appointed by
Congress might decide a controversy arising between two States, but
there was nothing by which the commissioners could be guided, no
stability or force as precedents in their decisions when made, and no
power to enforce them if neglected or rejected by one or both the
parties. It was simply a provision for constantly recurring arbitration,
obtained by reference to a changeable, and practically unauthoritative
board of judges. Moreover, this government, weak and unorganized as it
was, was withdrawn on the adjournment of Congress; for the Committee of
States, appointed to act in the recess, was useless, as well from the
paucity of its powers, as from the fact that a quorum of its members
could seldom be obtained.
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