A School History of the United States

by John Bach McMaster

THE STRUGGLE FOR A GOVERNMENT

CHAPTER XII

UNDER THE ARTICLES OF CONFEDERATION

%163. How the Colonies became States.%—When the Continental Congress met at Philadelphia on May 10, 1775, a letter was received from Massachusetts, where the people had penned up the governor in Boston and had taken the government into their own hands, asking what they should do. Congress replied that no obedience was due to the Massachusetts Regulating Act or to the governor, and advised the people to make a temporary government to last till the King should restore the old charter. Similar advice was given the same year to New Hampshire and South Carolina, for it was not then supposed that the quarrel with the mother country would end in separation. But by the spring of 1776 all the governors of the thirteen colonies had either fled or been thrown into prison. This put an end to colonial government, and Congress, seeing that reconciliation was impossible, (May 15, 1776) advised all the colonies to form governments for themselves (p. 132). Thereupon they adopted constitutions, and by doing so turned themselves from British colonies into sovereign and independent states.[1]

[Footnote 1: All but two made new constitutions; but Connecticut and Rhode Island used their old charters, the one till 1818, the other till 1842. Vermont also formed a constitution, but she was not admitted to the Congress (p. 243).]

[Illustration]

[Illustration: THE UNITED STATES WHEN PEACE WAS DECLARED in 1783 SHOWING
THE STATE CLAIMS]

%164. Articles of Confederation.%—While the colonies were thus gradually turning themselves into the states, the Continental Congress was trying to bind them into a union by means of a sort of general constitution called "Articles of Confederation." By order of Congress, Articles had been prepared and presented by a committee in July, 1776, but it was not till November 17, 1777, that they were sent out to the states for adoption. Now it must be remembered that six states, Massachusetts, Connecticut, Virginia, North Carolina, South Carolina, and Georgia, claimed that their "from sea to sea" charters gave them lands between the mountains and the Mississippi River, and that one, New York, had bought the Indian title to land in the Ohio valley. It must also be remembered that the other six states did not have "from sea to sea" charters, and so had no claims to western lands. As three of them, New Jersey, Delaware, and Maryland, held that the claims of their sister states were invalid, they now refused to adopt the Articles unless the land so claimed was given to Congress to be used to pay for the cost of the Revolution. For this action they gave four reasons:

1. The Mississippi valley had been discovered, explored, settled, and owned by France.

2. England had never owned any land there till France ceded the country in 1763.

3. When at last England had got it, in 1763, the King drew the "proclamation line," turned the Mississippi valley into the Indian country, and so cut off any claim of the colonies in consequence of English ownership.

4. The western lands were therefore the property of the King, and now that the states were in arms against him, his lands ought to be seized by Congress and used for the benefit of all the states.

For three years the land-claiming states refused to be convinced by these arguments. But at length, finding that Maryland was determined not to adopt the Articles till her demands were complied with, they began to yield. In February, 1780, New York ceded her claims to Congress, and in January, 1781, Virginia gave up her claim to the country north of the Ohio River. Maryland had now carried her point, and on March 1, 1781, her delegates signed the Articles of Confederation. As all the other states had ratified the Articles, this act on the part of Maryland made them law, and March 2, 1781, Congress met for the first time under a form of government the states were pledged to obey.

%165. Government under the Articles of Confederation.%—The form of government that went into effect on that day was bad from beginning to end. There was no one officer to carry out the laws, no court or judge to settle disputed points of law, and only a very feeble legislature. Congress consisted of one house, presided over by a president elected each year by the members from among their own number. The delegates to Congress could not be more than seven, nor less than two from each state, were elected yearly, could not serve for more than three years out of six, and might be recalled at any time by the states that sent them. Once assembled on the floor of Congress, the delegates became members of a secret body. The doors were shut; no spectators were allowed to hear what was said; no reports of the debates were taken down; but under a strict injunction to secrecy the members went on deliberating day after day. All voting was done by states, each casting but one vote, no matter how many delegates it had. The affirmative votes of nine states were necessary to pass any important act, or, as it was called, "ordinance."

To this body the Articles gave but few powers. Congress could declare war, make peace, issue money, keep up an army and a navy, contract debts, enter into treaties of commerce, and settle disputes between states. But it could not enforce a treaty or a law when made, nor lay any tax for any purpose.

%166. Origin of the Public Domain%.—In 1784 Massachusetts ceded her strip of land in the west, following the example set by New York (1780), and Virginia (1781).

As three states claiming western territory had thus by 1784 given their land to Congress, that body came into possession of the greater part of the vast domain stretching from the Lakes to the Ohio and from the Mississippi to Pennsylvania.[1] Now this public domain, as it was called, was given on certain conditions:

1. That it should be cut up into states.

2. That these states should be admitted into the Union (when they had a certain population) on the same footing as the thirteen original states.

3. That the land should be sold and the money used to pay the debts of the United States.

[Footnote 1: The strip owned by Connecticut had been offered to Congress in October, 1789, but not accepted. It still belonged to Connecticut in 1785. In 1786 it was again ceded, with certain reservations, and accepted.]

Congress, therefore, as soon as it had received the deeds to the tracts ceded, trusting that the other land-owning states would cede their western territory in time, passed a law (in 1785) to prepare the land for sale by surveying it and marking it out into sections, townships, and ranges, and fixed the price per acre.

%167. Virginia and Connecticut Reserves.%—When Virginia made her cession in 1781, she expressly reserved two tracts of land north of the Ohio. One, called the Military Lands, lay between the Scioto and Miami rivers, and was held to pay bounties promised to the Virginia Revolutionary soldiers. The other (in the present state of Indiana) was given to General George Rogers Clark and his soldiers. A third piece was reserved by Connecticut when she ceded her strip in 1786. This, called the Western Reserve of Connecticut, stretched along the shore of Lake Erie (map, p. 175). In 1800 Connecticut gave up her jurisdiction, or right of government, over this reserve in return for the confirmation of land titles she had granted.

[Illustration: TERRITORY OF THE %UNITED STATES% NORTHWEST OF THE OHIO
RIVER %1787%]

%168. Ordinance of 1787; Origin of the Territories.%—Hardly had Congress provided for the sale of the land, when a number of Revolutionary soldiers formed the Ohio Land Company, and sent an agent to New York, where Congress was in session, and offered to buy 5,000,000 acres on the Ohio River: 1,500,000 acres were for themselves, and 3,500,000 for another company called the Scioto Company. The land was gladly sold, and as the purchasers were really going to send out settlers, it became necessary to establish some kind of government for them. On the 13th of July, 1787, therefore, Congress passed another very famous law, called the Ordinance of 1787, which ordered:

1. That the whole region from the Lakes to the Ohio, and from Pennsylvania to the Mississippi, should be called "The Territory of the United States northwest of the river Ohio."

2. That it should be cut up into not less than three nor more than five states, each of which might be admitted into the Union when it had 60,000 free inhabitants.

3. That within it there was to be neither slavery nor involuntary servitude except in punishment for crime.

4. That until such time as there were 5000 free male inhabitants twenty-one years old in the territory, it was to be governed by a governor and three judges. They could not make laws, but might adopt such as they pleased from among the laws in force in the states. After there were 5000 free male inhabitants in the territory the people were to elect a house of representatives, which in its turn was to elect ten men from whom Congress was to select five to form a council. The house and the council were then to elect a territorial delegate to sit in Congress with the right of debating, not of voting. The governor, the judges, and the secretary were to be elected by Congress. The council and house of representatives could make laws, but must send them to Congress for approval.

Thus were created two more American institutions, the territory and the state formed out of the public domain. The ordinance was but a few months old when South Carolina ceded (1787) her little strip of country west of the mountains (see map on p. 157) with the express condition that it should be slave soil. In 1789 North Carolina ceded what is now Tennessee on the same condition. Congress accepted both and out of them made the "Territory southwest of the Ohio River." In that slavery was allowed.[1]

[Footnote 1: The only remaining land-holding state, Georgia, ceded her claim in 1802 (p. 246).]

%169. Defects of the Articles of Confederation.%—While Congress at New York was framing the Ordinance of 1787, a convention of delegates from the states was framing the Constitution at Philadelphia. A very little experience under the Articles of Confederation showed them to have serious defects.

No Taxing Power.—In the first place, Congress could not lay a tax of any kind, and as it could not tax it could not get money with which to pay its expenses and the debt incurred during the Revolution. Each of the states was in duty bound to pay its share. But this duty was so disregarded that although Congress between 1782 and 1786 called on the states for $6,000,000, only $1,000.000 was paid.

No Power to regulate Trade.—In the second place, Congress had no power to regulate trade with foreign nations, or between the states. This proved a most serious evil. The people of the United States at that time had few manufactures, because in colonial days Parliament would not allow them. All the china, glass, hardware, cutlery, woolen goods, linen, muslin, and a thousand other things were imported from Great Britain. Before the war the Americans had paid for these goods with dried fish, lumber, whale oil, flour, tobacco, rice, and indigo, and with money made by trading in the West Indies. Now Great Britain forbade Americans to trade with her West Indies. Spain would not make a trade treaty with us, so we had no trade with her islands, and what was worse, Great Britain taxed everything that came to her from the United States unless it came in British ships. As a consequence, very little lumber, fish, rice, and other of our products went abroad to pay for the immense quantity of foreign-made goods that came to us. These goods therefore had to be paid for in money, which about 1785 began to be boxed up and shipped to London. When the people found that specie was being carried out of the country, they began to hoard it, so that by 1786 none was in circulation.

%170. Paper Money issued.%—This left the people without any money with which to pay wages, or buy food and clothing, and led at once to a demand that the states should print paper money and loan it to their citizens. Rhode Island, New York, New Jersey, Pennsylvania, North and South Carolina, and Georgia did so. But the money was no sooner issued than the merchants and others who had goods to sell refused to take it, whereupon in some of the states laws called "tender acts" were passed to compel people to use the paper. This merely put an end to business, for nobody would sell. In Massachusetts, when the legislature refused to issue paper money, many of the persons who owed debts assembled, and, during 1786-87, under the lead of Daniel Shays, a Revolutionary soldier, prevented the courts from trying suits for the recovery of money owed or loaned.[1]

[Footnote 1: Read McMaster's History of the People of the United
States, Vol. I., pp. 281-295, 304-329, 331-340; Fiske's Critical
Period of American History, pp. 168-186.]

%171. Congress proposes Amendments.%—Of the many defects in the Articles, the Continental Congress was fully aware, and it had many a time asked the states to make amendments. One proposed that Congress should have power for twenty-five years to lay a tax of five per cent on all goods imported, and use the money to pay the Continental debts. Another was to require each state to raise by special tax a sum sufficient to pay its yearly share of the current expenses of Congress. A third was to bestow on Congress for fifteen years the sole power to regulate trade and commerce. A fourth provided that in future the share each state was to bear of the current expenses should be in proportion to its population.

But the Articles of Confederation could not be amended unless all thirteen states consented, and, as all thirteen never did consent, none of these amendments were ever made.

%172. The States attempt to regulate Trade and fail.%—In the meantime the states attempted to regulate trade for themselves. New York laid double duties on English ships. Pennsylvania taxed a long list of foreign goods. Massachusetts, New Hampshire, and Rhode Island passed acts imposing heavy duties on articles unless they came in American vessels. But these laws were not uniform, and as many states took no action, very little good was accomplished.[1]

[Footnote 1: McMaster's History of the People of the United States,
Vol. I., pp. 246-259, 266-280; Fiske's Critical Period of American
History, 134-137, 145-147.]

%173. A Trade Convention called to meet at Annapolis, 1786.%[2]—Under these conditions, the business of the whole country was at a standstill, and as Congress had no power to do anything to relieve the distress, the state of Virginia sent out a circular letter to her sister states. She asked them to appoint delegates to meet and "take into consideration the trade and commerce of the United States." Four (New York, New Jersey, Pennsylvania, and Delaware) responded, and their delegates, with those from Virginia, met at Annapolis in September, 1786.

[Footnote 2: The report of this Annapolis convention is printed in Bulletin of Bureau of Rolls and Library of the Department of State, No. 1, Appendix, pp. 1-5.]