The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
Remembering that the Articles were framed to meet the exigencies of
war, and considering the condition of public sentiment at the time,
one finds it difficult to conceive how any other form of union could
have been secured. Individualism was in the saddle. Engaging in war
to resist the encroachments of a centralised government and smarting
under the actions of a body in which they were not represented, the
people would naturally resolve to retain the control which the rebellion
had thrown into their hands. Distributed power must never be centralised
again. Liberty was closely associated with individualism. A majority
was no safeguard. Reaction from a centralised monarchy had evidently
swung public sentiment to the other extreme, resulting in a
decentralised confederacy.
As implied in the name, this Continental Congress had been called
together originally as a consulting body for the thirteen distinct
colonies. When the war forced the second session into making laws, the
name should have been changed to "Parliament"; but, in the chaotic
condition of affairs and the very gradual assumption of sovereignty,
a change in name went by default. Although the Congress became a
parliament in form, its members never so regarded it. They still served
their sovereign States in a national body, consulting and providing
for the common defence. They had no desire to make a modern union at
the time they formed the Confederation. This is evidenced by the
preliminary statement of the Articles that each State retained its
sovereignty, freedom, and independence. In this view, "a firm league
of friendship," the phrase used to describe the nature of the
Confederation, is exact and appropriate. It formed a league of
individual units, such as the separate colonies had been, "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 pretence whatever."
This individualistic tendency was manifest in the workings of the
Articles. Franklin's plan provided for an executive council of twelve,
appointed by Congress from its own numbers. Instead of this arrangement,
the Articles allowed the consulting Congress to retain all the executive
powers which it had gradually assumed. Fear of delegating authority
to any kind of executive, lest the action might lead eventually to
another king, was responsible for this mistake. Retaining also the
legislative powers, which it had assumed, and such judicial powers as
had arisen from the adjudication of prizes appeals, the Congress would
monopolise all the functions of the National Government. It would
probably continue to consult and recommend, and do nothing more. It
had a president, chosen by itself from its own number; but he was
simply an officer to preside over the sessions.
Public-domain text, read in full here on John Shaqi.
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