Entered as second-class matter March 1, 1905, at the Post Office at Poughkeepsie, N. Y. Act of Congress March 3, 1879. VOL. XIX THE MAGAZINE OF HISTORY WITH NOTES AND QUERIES JULY, 1914 No. I THE UNIFYING OF THE THIRTEEN STATES IN AMERICA "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of America." UCH is the opening sentence of one of the most remarkable documents of history, a document which was the culmination of more than ten years of war and controversy. The Declaration of Independence was, of course, the first real step in the direction of this national Constitution, and the Articles of Confederation-weak and ineffective as they proved to be the second step. From the Articles to the Constitution was indeed a very long step, and one which was taken only because such a positive Constitution was absolutely necessary. During the perils and uncertainties of wartime a quasi-constitution like the thirteen articles might perhaps do very well, for selfpreservation would require that a degree of obedience be paid them. But after the war, after its perils and uncertainties, a weak constitution would in all probability be neither respected nor obeyed. The Declaration of Independence was really the formal declaration of war against Great Britain. Until that time it was hoped that reconciliation would somehow be brought about. It is true that blood had been shed, that Lexington had been followed by Bunker Hill; but, there was still a possibility of peace. However, the dove was banished for good when the second Congress adopted the historic words "When in the course of human events, it becomes necessary for one people to dissolve the political bands that have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation." War-war to a decided conclusion-was thus declared by a temporarily united nation of thirteen different states against one of the strongest kingdoms upon earth. Two tentative tests of war had already been made by the Colonists; but Lexington and Bunker Hill, although very encouraging to the citizens of these thirteen Colonies, were only the beginning of a long struggle. Congress had now uttered its formal defiance to the might of Britain, and at the same time had declared in no uncertain tones its national independence. This second Congress must henceforth provide military means to meet the onslaught of a mighty enemy, and also agree upon some sort of constitution to govern its country during the war. An army was gathered and prepared, and Washington was appointed its commander-in-chief, and certain articles of confederation were at last agreed upon but only after much hesitation and delay. These Articles were far from satisfactory, and were discarded as practically worthless some six years after peace was concluded. On June 11, 1776—the very same day that Jefferson, Adams, Franklin, Sherman and Livingston were appointed to prepare a declaration of independence the second Continental Congress chose a committee to draw up a form of confederation. It was only natural that this committee should consist of one member from each colony and among its members were men like John Dickinson, Josiah Bartlett, Samuel Adams, Roger Sherman, R. R. Livingston and Edward Rutledge. The Declaration of Independence was prepared and passed; and a week after its passage the committee that had been appointed to draw up a form of national confederation reported a plan of government to Congress. This plan was vigorously debated and discussed from time to time; but no decisive action was taken until November 15, 1777. On that date Congress adopted the Articles of Confederation, and ordered that they be forwarded to the Legislatures of all the States for their individual approval. In case these several Legislatures approved of them, they were to instruct their delegates in Congress to ratify them, and they were then to become the law of the land. However, as finally adopted by Congress, the Articles were not nearly as strong as was their original draft, drawn up by John Dickinson. As has been well said, they proved in time to be a veritable "rope of sand," for despite the war, the States were too jealous of their individual rights to allow the passage of a strong and satisfactory Constitution. From time to time the delegates from the several States signed their agreement to and approval of these Articles, but it was not until 1781 that Maryland finally signed. Thus, the Articles of Confederation were not completely ratified until not far from the surrender of Cornwallis at Yorktown. The first Congress had assembled in 1774, the second in 1775; but now a third Congress met for the first time-on the second day of March, 1781-which may be called the Congress of Confederation. This third Congress was the first national body in the United States to legislate under the authority of a constitution of the whole nation. The provisions of this constitution stated that they were "Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia." Like many other documents, the beginning sounds most promising; but their substance provided for no strong central governIt was in no true sense of the word a real confederation or a real union between the thirteen separate states. ment. In other words, the United States made a final success of its war with Great Britain but it did not make a final success in its first constitution. With the surrender at Yorktown the war came virtually to an end; but the treaty of peace was not signed until 1783. From 1783 until the commencement of our present government in 1789, this country was ruled by its Congress under the Articles, but few of its citizens had any respect for either Congress or Articles. The first Congress had been a remarkable and respected body, the second Congress for a while had been respected-particularly at the beginning of the war and when its Declaration was uttered; but the third Congress, the Congress of Confederation, which existed from March 2, 1781 to October 21, 1788, was neither remarkable nor respected. The citizens of the several Colonies paid very little attention to its advice and proceedings. It still held its sessions because some sort of national legislative body was necessary to the thirteen states. The first and second Congresses came to an end, as did the war with Great Britain. Peace and the Congress of the Confederation followed; but the prosperity and contentment which had been anticipated by the citizens of the new Nation were not in evidence. With a Congress of little power, with a Constitution of little force, our country |