During our commemoration of Constitution Week, Sept. 17-23, it often is appropriate to remember that the United States Constitution was not our first form of government following the Revolutionary War and the Treaty of Paris, 1783 which established an independent nation. In fact, our first government under the Articles of Confederation was a dismal failure. While there were some steps forward crafted by the Confederation Congress, there were inherent problems that mandated a new approach to governing the former colonies.
So, why did the representatives of the 13 colonies draft a document that created a weak government? Personal experience. Having lived as a part of the British Empire, governed by a king and a parliament that did not recognize the rights of those in the colonies, the founding patriots were fearful of creating a new government that would once again rob the people of their fundamental rights. It is important to remember that the patriots were well aware of English tradition - - the Magna Carta, habeas corpus, the English Bill of Rights and other “rights of English citizens” that had been denied to the colonists. The revolutionary cry of “no taxation without representation” was grounded in that tradition and the patriots were determined to protect the rights of the individuals and the states that would form the union.
While the Articles of Confederation were drafted by the Second Continental Congress - - the Congress that declared independence via the Declaration of Independence - - it took them five years to agree on the first draft of a government they believed would be effective post-independence. Interestingly, most of the positive actions occurred during war-time; it was within the framework of the Articles that war was waged and the Treaty of Paris was negotiated.
It was the Articles that created the concept of reciprocity – that each former colony, now state, would recognized the laws of other states. Citizens could travel freely from state to state. Criminals who fled from one state’s jurisdiction would be returned for trial. Marriages and birth/death records from one state would be valid in another state. Each of those provisions seems logical today but, prior to the revolution, those actions were not assured.
Arguably, the Articles of Confederation government’s greatest accomplishment was the Northwest Ordinance of 1787, legislation that had an impact beyond its own time. With its passage, people in the northwestern lands, the future Ohio, Indiana, Illinois, Michigan, Wisconsin and a portion of Minnesota, had the right to organize their own governments and then, after meeting basic requirements of population, apply for statehood. Equally far-reaching was the fact that the Northwest Ordinance provided for public education, forbade slavery and guaranteed settlers the rights to freedom of religion, the right to trial by jury and basic due process of law.
Cue the celebration for personal liberties and more!
However, there were some glaring problems with the Articles that made the resulting ‘national’ government ineffective.
What were those problems:
1) Congress had no money and could only dependent on voluntary contributions from the states based upon agreement of ‘fair share apportionment.’ Remember that whole ‘no taxation without representation’ battle cry? The new states argued forcibly about ‘fair share’ and, as a result, there was no treasury.
2) The Confederation Congress turned a blind eye to acts of discrimination by the states. Some states refused to pay Loyalists for property seized during the revolution while other states honored those debts.
3) Congress had no power to make a state government obey a resolution passed in the Congress.
4) Any action taken by Congress had to have the consent, approval and cooperation of the states. Any new legislation required a ¾ vote for passage and any change to the Articles themselves required unanimous approval.
5) There was no executive office to ‘enforce’ legislation.
When Shay’s Rebellion, a revolt staged by Massachusetts western farmers who could not pay their taxes during an economic decline and faced confiscation of their lands, the government knew it was in trouble. The revolt spread. Courts were shut down, halting the sale of lands for back taxes. When Daniel Shays and his followers stormed an arsenal in search of weapons and the government had no ability to raise an army, fund the action or maintain law and order.
A new form of government was needed and Virginia stepped forward with a call to a meeting in Annapolis, Maryland to discuss “revising the Articles of Confederation.”
From five states sending representatives to Annapolis came the recognition that perhaps a more drastic revamping of government was required.
Next stage: The Constitutional Convention in Philadelphia.
Watch for the next chapter in the story…
Linda Moss Mines, the Chattanooga-Hamilton County Historian, is a retired educator who has spent 52 years sharing the stories of the republic and the vision of a nation of liberty, equality and justice.
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Linda Moss Mines,
Sincere thanks for your piece in yesterday’s edition. You are still the “Rock Star” I’ve known for years.
You expounded on information that is not taught in our schools today, but indeed the foundational work leading to a Constitution, one which has survived for over 200 years now. It did take our forefathers several years to figure things out, which they did.
Articles like this need to be discussed in classrooms today. We have to stop ignoring our children’s, our futures, and teach history.
Again, thank you for your article and I can’t wait to read part two.
J. Pat Williams