The Colonization Of North America Part 44

CHAPTER XXVIII

GOVERNMENTAL DEVELOPMENT DURING THE REVOLUTION

The a.s.sociation a step toward sovereignty.--The First Continental Congress was called to deliberate and determine upon measures to recover rights and liberties of which the colonies had been deprived and to restore harmony with Great Britain. Although the Congress was consultative in nature, it completed the revolutionary organization and made unity of action possible. The adoption of the a.s.sociation was a fundamental step toward sovereignty. It could only be interpreted to mean that the colonies intended to enforce their will upon the mother country. Furthermore, Congress provided means to enforce the a.s.sociation within colonies. While the pet.i.tions and addresses which were sent forth were couched in respectful terms, the tone of the declaration and resolves was distinctly revolutionary, and when considered in connection with the a.s.sociation, it becomes evident that the iron hand of a sovereign power was even then visible through the mists of revolution.

THE SECOND CONTINENTAL CONGRESS

Nature of Congress.--The Second Continental Congress which convened at Philadelphia on May 10, 1775, was a purely revolutionary body, a "creature of emergency." In its inception it was in no sense a sovereign body, but was rather a great central committee, representing the revolutionary elements in the various colonies, which a.s.sumed the supreme directing power until 1781. The colonies had displayed no regularity in the method of selecting the delegates. The two New Hamps.h.i.+re delegates were chosen by a convention of deputies who had been appointed by various towns. The five delegates of Ma.s.sachusetts were chosen by the provincial congress. The Rhode Island a.s.sembly chose two delegates, and the Connecticut house of representatives five. In New York twelve delegates were selected by a provincial convention. The five delegates from New Jersey were chosen by the a.s.sembly, as were the nine from Pennsylvania and the three from Delaware. In Maryland a meeting of deputies chose seven delegates, three or more of whom might represent the colony. In Virginia a convention of delegates selected seven. In North Carolina a convention chose three delegates who were approved by the a.s.sembly, and in South Carolina the a.s.sembly appointed five. Georgia at first was represented by a delegate from a single parish.

Original powers of the delegates.--The delegates were not empowered to perform sovereign acts, but were considered as a central revolutionary committee, which was to take such measures as would be best calculated to recover and establish American rights and liberties, restore harmony between Great Britain and her colonies, and advance the best interests of the colonies. As the revolutionary movement spread and acts of violence occurred, necessity forced Congress to perform many acts which were not contemplated in the original instructions of the delegates; but from first to last it was lacking in sovereign powers and was always the creature of the states.

Causes of the weakness of Congress.--The fundamental cause of the weakness of Congress was its lack of legal powers. When executive acts were necessary, the delegates were never certain that their joint action would be upheld by the states. Congress had no power to enforce its will, or to coerce an unruly state. Another source of weakness was the constantly changing personnel of Congress, the numbers varying from twenty-four to a hundred. Many of the strongest members were sent on foreign missions, leaving important work to be done by men who had had little experience in public affairs. Sectional jealousy frequently interfered with concerted action; the small states feared the larger ones; states holding no western lands were suspicious of those with such possessions; and theological differences made it difficult for New Englanders to work with delegates from the middle and southern states.

In 1777 when Vermont was asking to be admitted as a state, New England and New York found their interests to be conflicting, as both claimed jurisdiction over the Green Mountain country. Some of the members stooped to petty acts for self-aggrandizement, breeding suspicion in the minds of many. Congress was housed at Philadelphia in the state house, which was poorly arranged for a body whose business was mainly conducted by committees. Military necessity twice forced Congress to hasten from the city, the first time in December, 1776, when it fled to Baltimore, the second time after the battle of the Brandywine, when it became an exile, first at Lancaster and later at York.

Nature of the business of Congress.--Dr. Albion W. Small has cla.s.sified the business of Congress under the following heads: (1) To dispose of sundry applications in behalf of individuals; (2) to consider requests for advice and aid to individual colonies; (3) to act as the mouthpiece of the patriotic party; (4) to serve as an organ of communication between the collective colonies and other communities or individuals; (5) to devise peace plans and measures for the general good; (6) to devise offensive and defensive measures to be urged upon the individual colonies; (7) to raise, organize, and regulate a continental army, and a.s.sume general direction of military affairs.

Organization of Congress and conduct of business.--When Peyton Randolph found it necessary to leave Congress, the delegates chose John Hanc.o.c.k president and Charles Thomson secretary, the latter serving until 1781.

Most of the work was carried on by committees. When a vote was taken in Congress, the members did not cast their ballots as individuals, but each state delegation cast a solid affirmative or negative vote. Usually committees met in the morning from 7 to 10, Congress from 10 A.M. to 4 or 5 P.M., and committees from 6 to 10 P.M. The president's duties were manifold, for in addition to acting as presiding officer, he carried on correspondence with the commander-in-chief, with state governors, and with, local committees.

Early acts of Congress.--In spite of the conservatives who at first were in the majority and who desired to hold in check the revolutionary forces, circ.u.mstances forced Congress to exercise executive authority long before the Declaration of Independence. In June, 1775, Congress ordered the raising and organizing of an army, authorized a loan for the purchase of gunpowder, and issued $2,000,000 in bills of credit. In September provision was made for the fitting out of a navy, and steps were taken to open relations with foreign powers, to supervise the frontiers, and to establish a post-office. In the chaos which resulted from the overthrow of the chartered governments, several of the state revolutionary bodies appealed to Congress for advice. In answer to the Ma.s.sachusetts appeal, Congress advised that, as no obedience was due to parliament and as the crown officials were absent, the provincial congress was to summon the representatives to an a.s.sembly which was to choose a council, and together the two bodies were to govern until difficulties were adjusted with the crown. Similar advice was given to New Hamps.h.i.+re, South Carolina, and Virginia. The various colonies were also advised to erect prize courts. In March, 1776, it advised the colonies to disarm the Loyalists, and soon afterward authorized the fitting out of privateers and opened the ports to all countries not subject to Great Britain. In May it urged all colonies which had not yet formed state governments to do so and declared that British authority should be suppressed. On July 4, 1776, it adopted the Declaration of Independence.

Judicial functions.--With the increase of privateering, prize courts became necessary, and in November, 1775, Congress advised the colonies to erect courts in which cases of capture might be tried by jury and appeals made to Congress. During 1776 the custom was followed of appointing a congressional committee to hear each appeal, but in January, 1777, a standing committee of five was appointed to hear all appeals. The increasing business and the need of legally trained men made it apparent that the committee system could not long handle the prize cases, and in January, 1780, a permanent court of appeals was established, which may be looked upon as a forerunner of the supreme court.

Military affairs.--When hostilities began, Congress acted on the theory that the colonies were loyal to the king, but were opposing Gage's ministerial army. Events soon forced it to take measures of defence, committees being appointed in May, 1775, to consider how military stores might be procured. On June 15 Was.h.i.+ngton was chosen commander-in-chief and on the following day a committee was appointed to draw up his commission and instructions. Congress also selected four major-generals, eight brigadier-generals, a quartermaster-general and commissary-general. Later a clothier-general was appointed.

At first military affairs were handled by congressional committees, but in January, 1776, a committee was appointed to consider the establishment of a war office. Five months later Congress adopted the committee's plan which provided for a Board of War and Ordnance to consist of five members of Congress and a secretary. In 1777 this congressional board was done away with and a new board, consisting of persons who were not members of Congress, was created, Gates being placed at its head. Congress also appointed an inspector-general, Thomas Conway being the first inc.u.mbent, being followed by Steuben. The system of supplying the army was found to be deficient and to rectify matters the commissary department was reorganized in 1777 and again in 1778.

Congress continued to keep in touch with the army by sending special committees to examine actual conditions.

Naval affairs.--To handle maritime affairs a naval committee was appointed whose "active life lasted from October, 1775, until January, 1776, during which time it laid the foundation of the navy." On December 14, 1775, a marine committee, composed of one member from each colony, was chosen to take charge of the building and fitting out of vessels, and this committee soon a.s.sumed direction of naval affairs. Agents to superintend the work of construction were employed, and on the recommendation of the committee, Congress appointed prize agents. In November, 1776, a board of three naval experts was created to execute business under the direction of the maritime committee and a similar board was appointed in April, 1777, to handle affairs in New England alone. The marine committee continued until October, 1779. By that time it became evident that a more efficient system was needed and Congress appointed a Board of Admiralty consisting of three commissioners and two members of Congress. The board remained in charge of naval affairs until the governmental reorganization of 1781.

Foreign affairs.--To direct diplomacy was one of the difficult functions of a Congress whose members were but little versed in the intricacies of foreign courts. In the fall of 1775 a "secret committee on foreign correspondence" was chosen. In March, 1776, Silas Deane was sent to France, and in September of the same year a commission to handle American interests in Europe, composed of Franklin, Jefferson, and Deane, was appointed. Jefferson, however, remained in America and Arthur Lee was subst.i.tuted. To obtain financial aid had been the chief object up to the Declaration of Independence, but after that Congress and its agents directed their energies not only to the securing of funds, but to obtain recognition by France and Spain, and to make military and commercial alliances. In 1777 the secret committee was changed to the "committee on foreign affairs," an organization which conducted the foreign policy up to 1781.

FINANCIAL AFFAIRS

Fiscal machinery.--The most difficult problem which Congress had to solve was the raising of sufficient funds to carry on the Revolution. To handle the public moneys and devise means for raising revenue, fiscal machinery gradually came into existence. In 1775 two treasurers were appointed to receive and disburse public funds. Soon a committee of claims of thirteen members was appointed, and in February, 1776, a standing committee of five known as the Treasury Board, which supervised financial officials and attended to the emission of instruments of credit. This board, under which was an auditor-general at the head of the office of accounts, was the germ of the later treasury. In 1778 the book-keeping system was remodeled and a comptroller, auditor, treasurer, and two chambers of accounts were provided. In 1779 the old treasury board was set aside and in its place a commission of five was appointed, of which three were not congressional delegates.

Bills of credit.--Congress had three princ.i.p.al means of raising money: by issuance of bills of credit, by requisitions upon the states, and by domestic and foreign loans. In addition there was a considerable income from prizes and captures. The need of raising money drove Congress to the doubtful expedient of issuing large quant.i.ties of paper money unbacked by bullion or specie but based upon the credit of the states.

Between June, 1775, and November, 1779, Congress authorized the issuance of $241,552,780 in denominations varying from one-sixth of a dollar to sixty-five dollars. In addition the states issued over $200,000,000 in paper money. Such large amounts of unbacked paper could lead to but one result, a steadily increasing depreciation. At first the people took the continental money with little protest, but as issue followed issue in rapid succession, depreciation set in, and by January, 1779, the ratio of currency to specie was eight to one, by June twenty to one, and by the end of that year forty to one. In May, 1781, it ceased to pa.s.s as currency. Financiers have found it difficult to estimate the specie value of the various issues, but a careful economist has calculated that it was worth between $37,000,000 and $41,000,000.

Requisitions upon the states.--As military demands became more and more insistent, Congress found it necessary to make requisitions upon the states. The demands were met in a n.i.g.g.ardly manner; between November, 1777, and February, 1781, the moneys received, figured in specie value, amounted to only $2,737,000. In 1780 Congress was driven to demanding specific supplies, such as corn, meat, and hay.

Domestic loans.--With the exception of a small loan for the purchase of gunpowder, Congress did not authorize a domestic loan until October, 1776, when it voted to borrow $5,000,000 at four per cent, and to establish state loan offices. Subsequent loans were at six per cent.

After money from foreign loans began to come in in September, 1777, interest on the domestic debt was paid, enabling Congress to borrow more freely than before. From October, 1776, to September, 1777, only $3,787,000 was obtained from the states, and during the rest of the war $63,289,000 in paper was subscribed.

Foreign loans.--Most of the foreign financial aid came from France. In the years before France formally recognized the independence of the American states, large sums were loaned to Congress. In May, 1776, Vergennes secured a loan of a million livres from the French treasury and also obtained a small loan from Spain. Through the fict.i.tious company of "Hortalez et Cie" in Paris organized by Beaumarchais, and the Spanish firm of Josef Gardoqui and Sons, large quant.i.ties of clothing, military stores, and considerable sums of money were placed at the disposal of the revolutionary agents. During 1777-1780 Congress borrowed from France $1,633,500.

STATE GOVERNMENTS DURING THE REVOLUTION

Organization of state governments.--As resistance to British authority intensified during 1775, the colonies took steps to organize for resistance. The colonial governors were forced to leave and the committees of safety a.s.sumed temporary executive functions. In most of the colonies revolutionary conventions were called which took over the legislative power until it became apparent that the difficulties with Great Britain could not be settled. As it grew more and more evident that the war was to be fought for independence, the conventions took steps to organize state governments. Several of them asked advice concerning such action from the Continental Congress, and that body finally advised all the colonies to proceed on the a.s.sumption that they no longer owed allegiance to the crown. The const.i.tutional convention introduced a new principle in the theory of the state. Up to this time governmental authority had rested in England. Henceforth the powers of sovereignty were to emanate from the will of the people, the const.i.tutional convention being the embodiment of the sovereign will.

Type of state governments.--In the formation of governments the states were guided by experience in colonial statecraft. The new const.i.tutions disclosed the influence of the struggle with Great Britain, the framers seeking to protect the commonwealths from the possibility of encroachment of the executive at the expense of the legislative departments. The influence of the political philosophy which insisted that the separation of the departments of government was the safeguard of popular rights was also apparent in the new const.i.tutions. Although they displayed a marked divergence on minor points, in general a common type of government prevailed. In most of the states the legislative department was in two parts, a lower and an upper house; the lower, usually elected for a year, represented the people at large, and the upper, serving for longer periods, represented the wealthier cla.s.ses. In all but one state a property qualification was required for voters and representatives, and in most cases the property qualification was higher for members of the upper chamber. There was no uniformity in designation, the lower chamber being variously called the house of representatives, house of commons, or a.s.sembly; the upper house was usually called the legislative council, but in Virginia it was known as the senate, a designation afterward commonly adopted. The executive was usually weak, being vested either in a governor with limited power or in a small group. So well adapted to the needs of a state were the colonial charters of Connecticut and Rhode Island, that they continued to use their charters as const.i.tutions for many years, merely subst.i.tuting the authority of the people for that of the king.

Variations from type.--Several of the state const.i.tutions contained unusual features. In Pennsylvania the radical convention in 1776 framed a const.i.tution which provided for a legislature of one chamber and an executive council which could not veto an act of the a.s.sembly. Every seven years a council of censors was to be chosen by the voters to see that the const.i.tution had not been violated. By a two-thirds vote the censors could summon a convention to amend the const.i.tution. Georgia also set up a unicameral legislature. The Virginia const.i.tution of 1776 contained a declaration of independence. It also provided that all bills must originate in the lower house and that money bills could not be amended by the senate. A privy council of eight members was chosen by a joint ballot of both houses. This body and the two houses selected the governor. The South Carolina const.i.tution of 1778 provided for the election of the upper house by the people and the governor was deprived of the veto power. By the New York const.i.tution of 1778, the governor was elected by the people, but he had neither appointive nor veto power, those functions being exercised respectively by a council of appointments chosen from the senate by the a.s.sembly, and by a council of revision composed of the governor, chancellor, and two or more judges of the supreme court. Objections raised by the council of revision could be defeated by a two-thirds vote of both houses. The first const.i.tution of Ma.s.sachusetts provided for a legislature of two houses, the upper chamber acting as a multiple executive. In 1780 a new const.i.tution was accepted by the people. This provided that the governor be given military powers and the appointment of judges. He was to be advised by a council of nine elected from the senate by both houses.

Selection of the judiciary.--Divergences appeared in the methods of selecting judges. In Connecticut and Rhode Island they were appointed annually by the a.s.semblies. In Georgia the chief justice was appointed by the a.s.sembly, but the people elected the county judges annually; in New Jersey, Delaware, and Pennsylvania the a.s.semblies chose the judges for seven years; in Ma.s.sachusetts, New York, and Maryland the governor and council appointed the judges who held office during good behavior; in other states the legislatures appointed them for varying terms.

The courts.--The states established superior tribunals which were authorized to review and correct decisions of inferior courts. In Georgia the county courts, when presided over by the chief-justice, acted as a final court of appeal. In New Jersey the governor and council const.i.tuted the highest appellate tribunal. In Virginia the const.i.tution provided for a court of appeals which pa.s.sed upon the const.i.tutionality of laws and heard appeals. In Maryland and South Carolina the appellate courts were composed of the presiding officers of the district courts.

In the other colonies the supreme court fulfilled the same function. The colonial system of county courts to try the smaller civil cases, and courts of session, composed of justices of the peace, for trial of petty criminal cases were retained.

English law the basis of American jurisprudence.--The English common-law forms of writs and legal process were continued with all their technicalities, a usage which has been one of the stumbling blocks in the attempts to simplify legal methods in the United States. "Either by the const.i.tutions or by legislative enactments, English common law, and all those English statutes. .h.i.therto recognized and acted upon in the colonies respectively, were made the basis of state jurisprudence. The force of law was also continued to all existing colonial statutes until repealed or altered, except in South Carolina, where a particular enumeration and reenactment was made of the colonial statutes intended to be recognized."

The revolutionary state of Vermont.--In the Green Mountain region a new state was in the making. There New York claimed jurisdiction but her authority had never been established and in April, 1775, the inhabitants of the mountain country held a convention, eventually drew up a const.i.tution, and asked Congress to recognize Vermont as a state. New York succeeded in defeating the movement in Congress, but the Vermonters, nothing daunted, proceeded to organize their government. The new revolutionary state soon became embroiled in disputes with New Hamps.h.i.+re and Ma.s.sachusetts. These and the continued opposition of New York caused Congress to delay recognition, and Vermont was not formally admitted to the union until 1791, but to all intents and purposes it was a sovereign state from 1775.

Attempts at Western State-Making.--In the course of the Revolution, likewise, the settlements beyond the Alleghanies were trying experiments in state-making. The Watauga a.s.sociation in eastern Tennessee, the Transylvania government in Kentucky, and the Nashborough, a.s.sociation are all examples. These western communities reverted to the compact theory of government, and their experiences ill.u.s.trate the democratic tendencies of the frontier. As yet, however, the communities were too weak to succeed in the midst of conflicting elements and each reverted for a time to the subordinate position of a county of the older state.

THE ARTICLES OF CONFEDERATION

The confederation movement.--When danger from without threatened, a union of the colonies as a device of safety had often been suggested, but separatist tendencies had always proved too strong for the federationists. Franklin had been a friend of the idea of union, in 1754 having penned the Albany plan. In July, 1775, when it became apparent that the colonies were facing a great war, he proposed a league of friends.h.i.+p whose affairs should be conducted by a general congress in which each colony should have representation according to its population. Franklin's plan was not adopted, but it focused attention upon the growing need of a confederation. The Continental Congress was a revolutionary body which had no power save the sufferance of states which were themselves revolutionary. Whether or not those states were to retain sovereign powers depended entirely on the outcome of the struggle. To insure a successful issue, it was believed that a more perfect organ than the Continental Congress should be devised to conduct the Revolution.

Work of the confederation committee.--When Lee's independence resolution was introduced in the Continental Congress on June 7, 1776, it was accompanied by a motion to appoint a committee to draw up articles of confederation. On June 12 a committee composed of one delegate from each colony was chosen, among the members being John d.i.c.kinson, Samuel Adams, Roger Sherman, and Edward Rutledge. On July 12 the committee reported a plan of confederation, drawn mainly by d.i.c.kinson, which provided that each state should have a single vote in a central congress, and that an affirmative vote of nine states should be necessary to pa.s.s any measure.

Adoption of the articles.--Stress of business, military events which forced the hasty departure of Congress from Philadelphia on several occasions, and divergence of views prevented speedy action. On two ideas only was there agreement. The delegates were convinced that the English imperial system was wrong in its theory of taxation; whatever the form of the central government might be, it must not take from the states the power of taxation. They were also agreed that the executive power of the central government must be weak. The debates turned upon three main questions, taxation, representation, and congressional power to settle boundary disputes. d.i.c.kinson's plan proposed that taxation should be apportioned among the states according to population; this aroused the opposition of the Southerners, who objected to the slaves being counted as population. Franklin objected to d.i.c.kinson's proposal of one vote per state on the ground that it was an inequitable arrangement. In reply it was argued that the confederation was a league of friends.h.i.+p to be formed for a specific purpose and in consequence each state ought to have equal power. In regard to congressional power to settle boundary disputes, a difference arose between those states which possessed western lands and those which did not. Not until November, 1777, did Congress give the articles a favorable vote and on June 26, 1778, a form of ratification was adopted. Delegates from the New England states, New York, Pennsylvania, Virginia, and South Carolina signed the articles on July 9, North Carolina on July 21, Georgia on July 24, and New Jersey on November 26, 1778; Delaware on May 5, 1779, and Maryland not until March 1, 1781. In consequence of the tardy action of Maryland, the Continental Congress continued to conduct the war almost to its conclusion.

The more important provisions of the articles.--The preamble stated that the delegates had agreed "to certain articles of Confederation and perpetual union." Article I named the confederacy "The United States of America." Article II said, "Each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress a.s.sembled." Article III stated the purpose of the entrance of the states into a league of friends.h.i.+p as follows: "for their common defence, the security of their liberties, and their mutual and general welfare." Article IV declared that the free inhabitants of each state should be "ent.i.tled to all privileges and immunities of free citizens in the several States" and provided for the extradition of criminals. It also stated that, "Full faith and credit shall be given in each of these States to the records, acts and judicial proceedings of the courts and magistrates of every other State."

Article V provided that delegates should "be annually appointed in such manner as the legislature of each State shall direct," and that Congress should convene annually on the first Monday in November. No state was to be represented in Congress by less than two nor more than seven members, and in determining questions, each state should have one vote.

Article VI dealt mainly with prohibitions upon the states. Without the consent of Congress, no state was to enter into treaties, confederation, or alliance with foreign courts, nor was any state to lay imposts or duties which might interfere with any stipulations in treaties entered into between the United States and foreign powers. Such naval and military forces were to be maintained by the states in time of peace as Congress might deem necessary, and no state was to engage in war without the consent of Congress unless actually invaded or in danger of Indian attack.

Article VIII provided that expenses incurred for common defence or for the general welfare, when allowed by Congress, should be defrayed out of a common treasury, to "be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress a.s.sembled, shall from time to time direct and appoint."

Article IX dealt with the congressional powers. Congress was given the exclusive power (1) of determining peace or war except in the cases mentioned in Article VI, (2) of sending and receiving amba.s.sadors, (3) of entering into treaties and alliances, provided such agreements did not interfere with the rights of the states to lay such imposts and duties on foreign goods as they were subjected to by foreigners, or prohibit exportation or importation, (4) of establis.h.i.+ng rules for deciding prize cases, (5) of granting letters of marque and reprisal in time of peace, (6) of establis.h.i.+ng admiralty courts, and (7) of settling disputes between two or more states, an elaborate procedure in such cases being prescribed.

Congress was also given the exclusive power (8) of regulating the alloy and value of coin struck by its authority or by that of a state, (9) of fixing the standard of weights and measures, (10) of regulating affairs with Indians not members of states provided state rights were not infringed, (11) of establis.h.i.+ng and regulating post offices and postage, (12) of appointing military officers except regimental officers, (13) of appointing naval officers, and (14) of making rules and regulations for the army and navy.

Other powers of Congress were (15) "to appoint a committee, to sit in the recess of Congress, to be denominated 'a Committee of the States,'

and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under direction..., (16) to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses, (17) to borrow money or emit bills on the credit of the United States, (18) to build and equip a navy, and (19) "to agree upon the number of land forces, and to make requisition from each state for its quota, in proportion to the number of white inhabitants in each state." With the exception of a vote upon adjournment, all measures required the a.s.sent of nine states. No period of adjournment was to be longer than six months.

Article X provided that the committee of the states should be authorized to execute the delegated powers of Congress during recesses. Article XII stated that bills of credit, loans, and debts should be considered as a charge against the United States and for whose payment the United States and the public faith were pledged. Article XIII provided that every state should abide by the acts of Congress, that the union should be perpetual, and that no alteration should be made in the articles by Congress unless afterwards confirmed by the legislatures of every state.

Fundamental weaknesses of the articles.--Admirable as this doc.u.ment was in many respects, it contained weaknesses which were certain to make the union temporary rather than perpetual. It failed to give the central government sufficient power. The articles were distinctly the instrument of a confederation of sovereign states, and not the const.i.tution of a federal state. Congress was not given the power to raise money or to regulate commerce. It could not compel the states to pay the national debts, to live up to treaties, or to raise armies. The articles provided for no distinct executive department, but this was remedied in part by congressional acts. With the exception of the fourth, fifth, and seventh provisions of Article IX, judicial matters were left to the states. The required vote of nine state to pa.s.s measures necessarily hindered the pa.s.sage of needed regulations. The requirement that every state legislature must give its consent before an amendment could be pa.s.sed made it well-nigh impossible to change the instrument.

GOVERNMENTAL REORGANIZATION