Violation of the agree

ment.

Increased need of an

inter

colonial

union.

Franklin's proposal.

President

Grand

shall at any time hereafter begin, undertake, or engage themselves, or this Confederation, or any part thereof, in any war whatsoever ... without the consent and agreement of the forenamed eight commissioners, or at least six of them.

It is further agreed, That if any of the confederates shall hereafter break any of these present articles, or be any other way injurious to any one of the other jurisdictions, such breach of agreement or injury, shall be duly considered, and ordered by the commissioners for the other jurisdictions, that both peace, and this present Confederation, may be entirely preserved without violation..

14. The union of all of the colonies is proposed 1

The New England Confederation rendered effective service against the Indians for forty years, but ceased to exist about 1684. The Dutch were no longer a menace after 1664, in which year New Netherland became a British possession. However, the danger of attack from the French and Indians increased. In 1754 war between England and France was imminent, and the peace and safety of all of the British possessions in America were again threatened. To meet the emergency, Benjamin Franklin drew up a plan of union, under which all of the colonies were to be governed. The following are the chief provisions of this plan, called the Albany plan of union, because it was adopted by a convention of colonial delegates at Albany in 1754:

It is proposed that humble application be made for an act of Parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said colonies, within and under which government each colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter follows:

That the said general government be administered by a PresidentGeneral and General, to be appointed and supported by the Crown; and a Grand Council, to be chosen by the representatives of the people of the several colonies met in their respective assemblies.

Council.

That within [a certain number of] months, after the passing of 1 From the Albany Plan of Union, 1754.

and mem

bership of the Grand

Council.

such act, the House of Representatives that happens to be sitting Election within that time, or that shall be especially for that purpose convened, may and shall choose members for the Grand Council, in the following proportion, that is to say, Massachusetts Bay 7, New Hampshire 2, Connecticut 5, Rhode Island 2, New York 4, New Jersey 3, Pennsylvania 6, Maryland 4, Virginia 7, North Carolina 4, and South Carolina 4, i.e. a total of 48.

[These representatives] shall meet for the first time at the city Meetings of of Philadelphia in Pennsylvania, being called by the President- the Grand General as soon as conveniently may be after his appointment.

That there shall be a new election of the members of the Grand Council every three years; and, on the death or resignation of any member, his place shall be supplied by a new choice at the next sitting of the Assembly of the colony he represented. . . .

That the Grand Council shall meet once in every year, and oftener if occasion require, at such time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at by the President-General on any emergency, he having first obtained in writing the consent of seven of the members to such call, and sent due and timely notice to the whole. . . .

...

Council.

That the assent of the President-General be requisite to all acts Assent of of the Grand Council, and that it be his office and duty to cause them to be carried into execution.

That the President-General, with the advice of the Grand Council, hold or direct all Indian treaties, in which the general interest of the colonies may be concerned; and make peace or declare war with Indian nations.

the President

General.

That they make such laws as they judge necessary for regulating Powers with all Indian trade.

respect to the

That they make all purchases, from Indians for the Crown, of Indians. lands not now within the bounds of particular colonies, or that shall not be within their bounds when some of them are reduced to more convenient dimensions.

That they make new settlements on such purchases, by granting lands in the King's name, reserving a quitrent to the Crown for the use of the general treasury.

That they make laws for regulating and governing such new

Powers with respect

to new settlements.

Taxes.

Laws to be transmitted to England.

Effect of the Revo

lution upon the movement to

ward union.

"The United States of America."

States' rights insisted

upon.

settlements, till the Crown shall think fit to form them into particular governments.

That they raise and pay soldiers and build forts for the defence of the colonies.'. . .

That for these purposes they have power to make laws, and lay and levy such general duties, imposts or taxes, as to them shall appear most equal and just.

...

That the laws made for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force. . .

1

15. The states enter a league of friendship 1

The Albany Plan of Union was not regarded with great favor by the people of the colonies, and was never given serious consideration by the English government. But though the project fell through, it is important as indicating the trend toward union. It was not many years after the Albany convention that the Americans became firmly convinced that separation from the mother country was inevitable. The outbreak of actual hostilities between England and the colonies obliged the latter to provide some means of marshalling their joint forces against the enemy. As the result of this need, the Second Continental Congress in 1777 adopted a constitution called the "Articles of Confederation and Perpetual Union between the States." These articles, of which the most significant follow, went into actual operation on March 1, 1781:

...

. . The style of this confederacy shall be "The United States of America."

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 assembled.

The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of 1 From the Articles of Confederation, 1781.

eration.

their liberties, and their mutual and general welfare, binding them- Purpose of selves to assist each other, against all force offered to, or attacks the Confedmade upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.

The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states (paupers, vagabonds, and fugitives from justice excepted), shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other state of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the United States, or either of them.

...

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.

For the more convenient management of the general interest of the United States, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year.

No state shall be represented in Congress by less than two, nor by more than seven members.

In determining questions in the United States, in Congress assembled, each state shall have one vote.

This clause

was not

always respected by

the various

states.

Full faith and credit.

There being no separate executive or judiciary,

all national power was

exercised

by this

Congress.

No state, without the consent of the United States in Congress The treatyassembled, shall send any embassy to, or receive any embassy from, making

or enter into any conference, agreement, alliance or treaty with any

king, prince, or state.

No two or more states shall enter into any treaty, confederation

power.

Defense.

This clause

did not give the national government adequate powers in

the raising

of money.

Powers

granted to the national

or alliance whatever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain.

No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defense of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite, . . . but every state shall always keep up a well regulated and disciplined militia. . .

...

No state shall engage in any war without the consent of the United States in Congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay, till the United States in Congress assembled can be consulted. . . .

All charges of war, and all other expenses that shall be incurred for the common defence or welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state.

The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states. . .

The United States in Congress assembled shall have the sole and exclusive right to determine on peace and war, except in the cases government. mentioned [above].

[The United States shall also have the power to enter] into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as