The Articles of Confederation

Summary

The Library of Congress holds a rare 1777 printing of the Articles of Confederation, the first U.S. Constitution. Drafted amid the War of Independence, it aimed to unite the thirteen states under a national government. Despite its flaws, like the requirement for unanimous state ratification and limited federal powers, it laid the groundwork for future governance, including the resolution of western land disputes and the establishment of a federal court system.

Takeaways

• 📜 The Library of Congress holds a 1777 printing of the Articles of Confederation, marking the first Constitution of the United States.
• 🖨️ Francis Bailey printed the Articles in Lancaster, Pennsylvania, after Congress's adoption on November 15, 1777.
• 🏛️ The Articles aimed to unite the thirteen states under a national government during the War of Independence.
• 📝 John Dickinson, a Pennsylvania lawyer, drafted the initial version of the Articles after extensive debate and amendment.
• 🗳️ Ratification required unanimous consent from all states, a process that concluded with Maryland's approval on March 1, 1781.
• 🌐 Under the Articles, the national government's power was centralized in a unicameral Congress, without a separate executive or judicial branch.
• 💼 The Congress of the Confederation had various powers, including declaring war, managing foreign affairs, and resolving inter-state disputes.
• 🏢 Each state had equal representation in Congress, and delegates were appointed by state legislatures with the possibility of recall.
• 💵 States were financially responsible for the government based on the value of their real property, with larger states contributing more.
• 🔄 The Articles had significant weaknesses, including the inability to enforce tax collection and the requirement of unanimous consent for major decisions.
• 🏛️ Despite flaws, the Articles led to important legislation like the Land Ordinance of 1785 and the Northwest Ordinance of 1787, influencing the future U.S. government structure.

Q & A

What is the significance of the 1777 printing of the Articles of Confederation in the Library of Congress collection?

The 1777 printing is significant because it represents the first appearance of the Articles of Confederation in print, marking the first Constitution of the United States.

Who was responsible for printing the Articles of Confederation, and where was it printed?

Francis Bailey was responsible for printing the Articles of Confederation in Lancaster, Pennsylvania.

What was the role of Henry Laurens in relation to the Articles of Confederation?

Henry Laurens was the president of the Continental Congress from November 1, 1777 to December 9, 1778, and his inscription appears at the foot of the last printed page of the Library's copy of Bailey's Articles of Confederation.

Why was a united policy necessary during the War of Independence?

A united policy was necessary to draft and approve an organic document for a national government to unify the thirteen states.

Who prepared the initial draft of the Articles of Confederation?

Delegate John Dickinson, a well-known lawyer from Pennsylvania, prepared the initial draft.

What was the process for the ratification of the Articles of Confederation?

After Congress approved the draft and submitted it to the states for ratification on November 15, 1777, each state had to unanimously ratify it for it to come into effect.

What issue delayed the ratification of the Articles of Confederation?

A major issue that delayed ratification was the conflict over western land claims, with states like Maryland refusing to ratify until those claims were ceded to the new national government.

How was the power distributed under the Articles of Confederation?

Power was exclusively centered in the Congress, with no independent federal executive or judicial branch.

What were some of the powers held by the Congress of the Confederation?

The Congress had the power to declare war, maintain an army and navy, establish a postal service, create courts for prize cases, manage affairs with Native Americans, negotiate treaties, coin money, and resolve disputes among states.

What was unique about the representation in the Congress under the Articles of Confederation?

Each state received only one vote regardless of its size, meaning representation was not based on population.

What were the limitations of the Articles of Confederation?

The Congress could not force states to support the national government financially, had to get consent from nine states to exercise fundamental powers, and did not establish a permanent judiciary.

What was the outcome of the Constitutional Convention of 1787 in relation to the Articles of Confederation?

The Constitutional Convention of 1787 was convened due to the shortcomings of the Articles of Confederation, ultimately leading to the creation of the U.S. Constitution.

Outlines

00:00

📜 Introduction to the Articles of Confederation

The first paragraph introduces the 1777 printing of the Articles of Confederation, the first Constitution of the United States, held by the Library of Congress. It was printed by Francis Bailey in Lancaster, Pennsylvania, and was the first time the Articles were printed. Bailey, who had offices in Philadelphia and Lancaster, printed for both the Continental Congress and the Commonwealth of Pennsylvania. The Articles were printed immediately after their adoption on November 15, 1777. The Library's copy contains an inscription by Henry Laurens, the President of the Continental Congress at the time. The paragraph also discusses the drafting and ratification process of the Articles, which began in 1776 due to the need for a united policy during the War of Independence. The committee tasked with drafting the document reported in 1777 that John Dickinson prepared a draft, which was debated and amended before being approved and sent to the states for ratification. Virginia was the first to ratify. The paragraph also touches on the Articles' content, which addressed disagreements among states regarding financial burdens and representation in the new government. The ratification process was long and uncertain, requiring unanimous consent from all thirteen states, and was delayed by conflicts over western land claims. Maryland was the last state to ratify on March 1, 1781. The Articles established a unicameral Congress with equal representation for each state and granted Congress various powers, including declaring war, maintaining an army and navy, establishing a postal service, and resolving disputes among states.

05:15

🏛️ Structure and Powers of the Confederation Congress

The second paragraph delves into the structure and powers of the Congress under the Articles of Confederation. It explains that the Congress annually elected a President, who had limited powers and was not similar to the modern executive branch. The Articles included provisions for the admission of new colonies, with Canada being pre-approved. Members of Congress were granted immunity from arrest and had freedom of travel, with certain exceptions. The Articles also required extradition for those charged with serious crimes. Congress could appoint a Committee of States to manage affairs during adjournments, which had its own term limits and powers, including raising funds and managing military forces. The Congress was required to publish a journal of its proceedings, with exceptions for sensitive matters. The paragraph highlights the significant weaknesses of the Articles, such as the lack of a strong central government, the requirement of unanimous consent for basic governmental functions, and the absence of a permanent judiciary. These weaknesses led to proposals for amendments and eventually the Constitutional Convention of 1787. Despite its flaws, the government under the Articles had a lasting impact, including the resolution of land disputes and the establishment of a Federal Court of Appeals.

10:21

📜 Legacy and Impact of the Articles of Confederation

The third paragraph summarizes the legacy and impact of the Articles of Confederation. It acknowledges the Articles' flaws and short lifespan but emphasizes their importance as a first step in creating a governmental structure for the United States. The Congress under the Articles successfully resolved disputes over western lands and established ordinances for the disposition of public lands and the organization of territorial governments. The establishment of a Federal Court of Appeals also set a precedent for the later Federal court system. The paragraph concludes by noting that the concept of a 'perpetual union' as stated in Article XIII was referenced in a Supreme Court case, Texas v. White, in 1868, highlighting the enduring influence of the Articles' ideas.

Keywords

💡Articles of Confederation

The Articles of Confederation were the first written constitution of the United States, adopted on November 15, 1777. They served as a framework for the government of the newly independent states. The video script discusses the drafting and ratification process, highlighting the document's significance in establishing a national government during the War of Independence. The script also points out the limitations of the Articles, which eventually led to the Constitutional Convention and the creation of the U.S. Constitution.

💡Continental Congress

The Continental Congress was a convention of delegates from the thirteen American colonies, which later became states. It was the governing body during the American Revolution and was responsible for drafting and adopting the Articles of Confederation. In the script, it is mentioned that the Congress asked Francis Bailey to print the Articles immediately after they were adopted, demonstrating the Congress's role in the formation of the national government.

💡Ratification

Ratification, in the context of the script, refers to the process by which the thirteen states approved the Articles of Confederation. The script notes that the ratification process was long and uncertain, requiring unanimous consent from all states. The example of Maryland, which held out until the land claims issue was resolved, illustrates the challenges faced during ratification.

💡 unicameral body

A unicameral body is a legislative body that consists of only one house or chamber. The script explains that the Congress under the Articles of Confederation was a unicameral body, with each state having one vote, regardless of size or population. This structure is contrasted with the bicameral Congress established by the U.S. Constitution, which has both a Senate and a House of Representatives.

💡Henry Laurens

Henry Laurens was an American politician and president of the Continental Congress from November 1, 1777, to December 9, 1778. The script mentions an inscription in the Library of Congress's copy of the Articles of Confederation, which reads 'By Order of Congress Henry Laurens, President,' indicating his role in the official endorsement and dissemination of the document.

💡Western land claims

Western land claims refer to the territories claimed by some states stretching to the Mississippi River and beyond. The script describes how these claims were a major point of contention during the ratification of the Articles of Confederation. States without western land claims, such as Maryland, refused to ratify until those with claims ceded them to the national government.

💡Delegates

Delegates were representatives chosen by the state legislatures to serve in the Congress under the Articles of Confederation. The script specifies that the size of a delegation ranged from 2 to 7 members and that states had the power to recall their delegates at any time. This system of representation and recall is an important aspect of how the government functioned under the Articles.

💡Term limits

Term limits under the Articles of Confederation restricted delegates from serving more than three years out of any six-year period. This concept is mentioned in the script as a feature of the Articles, designed to prevent the concentration of power and ensure a rotating representation in the Congress.

💡Committee of States

The Committee of States was a body that could exercise Congressional powers when Congress was adjourned. The script explains that it was composed of a delegate from each state and other officers, tasked with managing the general affairs of the U.S. during congressional recesses. This committee had term limits, preventing any individual from serving as its president for more than one year within a three-year term.

💡North West Ordinance

The North West Ordinance of 1787 is mentioned in the script as a significant outcome of the government under the Articles of Confederation. It provided for the disposition of public lands and procedures for organizing territorial governments in the lands west of the Appalachian Mountains. This ordinance had a lasting impact on the development and governance of the western territories of the United States.

💡Judicial system

The script notes that the Articles of Confederation did not establish a permanent judiciary, which was one of its significant weaknesses. The absence of a federal court system meant that there was no unified legal framework or interpretation of laws across the states. This deficiency was later addressed by the U.S. Constitution, which established a Supreme Court and a system of federal courts.

Highlights

The Library of Congress holds a 1777 printing of the Articles of Confederation, marking the first Constitution of the United States.

Francis Bailey, printer of the document, operated in Philadelphia and Lancaster, serving both the Continental Congress and Pennsylvania.

The Articles of Confederation were printed immediately after their adoption by Congress on November 15, 1777.

Henry Laurens, President of the Continental Congress, ordered the printing of the Articles as inscribed in the Library's copy.

The drafting of the Articles began in 1776 to create a unified national government policy during the War of Independence.

John Dickinson, a Pennsylvania lawyer, prepared the initial draft of the Articles.

The Articles were submitted for ratification on November 15, 1777, with Virginia being the first to ratify.

The ratification process was lengthy and required unanimous consent from all thirteen states.

Western land claims disputes among states delayed ratification, particularly affecting states like Maryland.

Maryland ratified the Articles on March 1, 1781, after land claim issues were resolved.

Under the Articles, the national government's power was centralized in Congress, lacking an independent executive or judicial branch.

The Congress of the Confederation was unicameral, with each state having one vote regardless of size.

The Congress had various powers, including declaring war, maintaining armed forces, and managing relations with Native Americans.

Delegates to Congress were appointed by state legislatures, with the possibility of recall and term limits.

The Articles included a clause protecting members' speech and debate from being used against them in court.

A Committee of States could exercise Congressional powers when Congress was adjourned.

The Articles had weaknesses, such as the inability to force states to contribute funds or the requirement of unanimous consent for basic governmental functions.

The Articles led to the Constitutional Convention in 1787 due to their shortcomings.

Despite flaws, the Articles had a lasting impact, including the resolution of western land disputes and the establishment of a Federal Court of Appeals.

The Articles' concept of a 'perpetual union' was referenced in a U.S. Supreme Court case, Texas v. White, in 1868.

Transcripts

The Library of Congress has in its collection this 1777 printing of the Articles of Confederation, the first Constitution of the United States. Printed by Francis Bailey in Lancaster, Pennsylvania, this item represents the first appearance of the Articles of Confederation in print.

Francis Bailey had offices in Philadelphia and Lancaster and undertook printing jobs both for the Continental Congress and for the Commonwealth of Pennsylvania. Congress asked Bailey to print the Articles immediately after it adopted the final version of that document, on November 15, 1777.

The Library's copy of Bailey's Articles of Confederation contains an inscription at the foot of the last printed page that reads: "By Order of Congress Henry Laurens, President." Henry Laurens was the president of the Continental Congress from November 1, 1777 to December 9, 1778.

The need for a united policy during the War of Independence led the thirteen states to draft and approve an organic document for a national government. Its creation began in 1776, when the Continental Congress appointed a committee to draft such a document.

In 1777, the committee reported that Delegate John Dickinson, a well-known lawyer from Pennsylvania who had written the 1765 Resolutions of the Stamp Act Congress and an influential series of essays known as Letters from a Pennsylvania Farmer, prepared a draft.

After a period of debate and considering amendments to the text, Congress approved the draft and submitted it to the states for ratification. The Articles were presented for ratification on November 15, 1777. Virginia was the first state to ratify.

This and the following images are of a reprint of the Bailey Articles of the Confederation which was undertaken by John Gill, also in 1777. The text of the Articles ironed out some of the major disagreements among the states, such as how the financial burden of supporting the new government would be divided among the states and how much representation each state would receive in the new national government.

Nevertheless, the process of ratification was long and uncertain. This was partly due to the fact that the Articles required that all thirteen states must unanimously ratify before it could come into effect.

One of the major issues that delayed ratification arose from a conflict over western land claims. Some, though not all, of the states claimed significant territories stretching to the Mississippi river and beyond.

States, such as Maryland, which had no western land claims, refused to ratify the Articles until the states that claimed land in the west ceded their western land claims to the new national government. With that issue resolved, Maryland became the last state to ratify the Articles on March 1, 1781.

Under the Articles of Confederation, the power of the national government was exclusively centered in the Congress, with no independent federal executive or judicial branch.

The Congress, which was called the "Congress of the Confederation" under the Articles, followed the model of the Second Continental Congress, which had been a single chambered body. As a result, it was likewise a unicameral body in which each state had one vote.

The Congress of the Confederation had a number of powers. Among these were: the power to declare war; maintain an army and navy, establish a postal service and set postage rates, create courts to determine prize cases (which are cases related to the capture of enemy commercial vessels on the high seas),

manage affairs with Native Americans, negotiate diplomatic agreements, such as treaties with foreign nations, coin money and determine its value, establish a uniform system of weights and measures, and serve as the final arbiter to resolve disputes among the states. While it was adjourned, a body called a Committee of States could exercise Congressional powers.

The Articles contained some interesting features. Each state received only one vote regardless of its size, that is, representation in the government was not based on the population of a state.

States were assessed their share of supporting the new government based on a proportion of the total value of their real property, so larger states had to pay more.

Delegates to Congress were chosen by the state legislatures. The size of a delegation was between 2-7 members. There was a power of recall, and states could recall their delegates at any time and replace them.

The Articles contained term limits. Delegates could not serve more than three years out of any six year period. Congress maintained the sole power to declare war, but states could engage in war without the consent of Congress to repel an invasion when Congress was not in session.

Similarly, states also couldn't grant letters of marque and reprisal, except after a declaration of war by Congress, and then only against the state with which the U.S. was at war. There was one interesting exception. If the state "be infested by pirates...vessels of war could be outfitted for that occasion."

After the ratification of the Articles in 1781, the Congress annually elected an individual who served as the President of the Congress, but they had very limited powers and were not analogous to the modern executive branch.

Nine states were needed to approve a new colony for membership in the Confederation, but interestingly enough, Canada was pre-approved by Article 11 if it wanted to join. The Articles contained a speech and debate clause, so that what was said by members in Congress could not be used in court against them.

Also, members were protected from arrest and imprisonment while traveling to or from Congress, except for treason, felony, or breach of the peace. There was a privileges and immunities clause in the Articles that included freedom of travel though it specifically exempted paupers, vagabonds, and fugitives.

Extradition was required for a person guilty of or charged with treason, a felony, or a high misdemeanor upon demand of the Governor of the state he fled. Full faith and credit was also to be given to records, acts, and judicial proceedings conducted in other states.

With the consent of nine states, Congress was also able to appoint a Committee of States to sit while Congress was adjourned. It consisted of a delegate from each state, and other committees and civil officers, to manage the general affairs of the U.S.

This committee also had a term limit. No one could serve in the office of president of the Committee for more than one year within a term of three years.

The Committee could ascertain how much money the U.S. needed to raise, spend money, borrow money on behalf of the U.S., build a navy, agree upon the number of land forces needed, and request troops for the army "in proportion to the number of white inhabitants of each states." State legislatures then were expected to appoint regimental officers and raise and equip the army.

Congress could meet anywhere in the United States, could not adjourn for longer than six months, and was required to publish a journal of its proceedings, except for matters concerning treaties, alliances, and military operations that required secrecy. The idea that the union created by the Articles will be perpetual is mentioned repeatedly throughout the document.

The Articles had significant weaknesses. Congress could request funds from states to support that national government, but those taxes had to be enacted and collected by the state governments. In other words, Congress could not force the states to support the national government.

Large and small states received one vote in Congress, but larger states were expected to contribute more funds to support the national government, an obligation that was assessed as a proportion of the total value of a state's real property.

So larger states were expected to contribute more funds to the national government, but receive the same representation as smaller states that contributed less.

Congress could only exercise its fundamental powers with the consent of nine of the states. The powers restrained by this requirement included basic functions of government,

such as engaging in war, entering into treaties, coining money (and regulating its value), assessing the amounts of money needed to defend the U.S. and promote its general welfare, pay expenses, borrow, agree upon the number of naval vessels needed,

agree on the number of army or navy forces to be raised. This limitation also applied to the exercise of Congressional power by the Committee of States. While there was a President of the Congress, the position had no broad executive powers to execute the law.

The articles did not establish a permanent judiciary. Finally, any attempt to resolve these problems by amending the Articles required the support of all the states, which was difficult to obtain.

These and other shortcomings resulted in proposals to amend the Articles, which ultimately led to the Constitutional Convention of the summer of 1787.

Despite these flaws, the government created by the Articles did have a lasting impact. The Congress was able to successfully resolve disputes over the division of the western lands that had been surrendered by the United Kingdom after Independence.

The Land Ordinance of 1785 (laws passed by the Continental and Confederation Congresses are called ordinances) and the resulting North West Ordinance of 1787 are the most long lasting as they provided for the disposition of public lands and procedures for organizing territorial governments in the lands west of the Appalachian Mountains.

In addition, Congress established a Federal Court of Appeals to resolve prize cases, and in doing so, provided a precedent for the establishment of the later Federal court system. Finally, although the Articles have not often been cited in subsequent legal opinions,

the idea that the union formed by them was "perpetual," as set forth in Article XIII, was cited in dicta by Chief Justice Salmon Chase in a 1868 case before the United States Supreme Court called Texas v. White.

Despite the fact that they were flawed and short lived, the Articles were an important first step in devising a structure of government for the United States.