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A just security to property is not afforded by that government, under which unequal taxes oppress one species of property and reward another species: where arbitrary taxes invade the domestic sanctuaries of the rich, and excessive taxes grind the faces of the poor; where the keenness and competitions of want are deemed an insufficient spur to labor, and taxes are again applied, by an unfeeling policy, as another spur; in violation of that sacred
property, which Heaven, in decreeing man to earn his bread by the sweat of his brow, kindly reserved to him, in the small repose that could be spared from the supply of his necessities.
If the United States mean to obtain or deserve the full praise due to wise and just governments, they will equally respect the rights of property, and the
property in rights: they will rival the government that most sacredly guards the former; and by repelling its example in violating the latter, will make themselves a pattern to that and all other governments.
Historically, confederations had been effective in rallying disparate and small powers against larger common foes. The 1781 "Articles of Confederation and Perpetual Union" sought to unite the thirteen states against any external threat, especially Great Britain. Having seen the excesses of British rule, the colonists sought a form of government that would chasten rather than empower the central government.
As attested by the great triumvirate of Founders featured in this section—George Washington, Thomas Jefferson, and James Madison—the Articles of Confederation created an enfeebled regime from the outset. In their common opinion, the American government under the Articles lacked the energy sufficient for good government. Congressional action on any serious question, for example, required the assent of nine of the thirteen states, which was almost impossible to achieve.
By late March 1787, when Washington wrote Madison the letter included here, the Constitutional Convention was slated to start in May. Washington expresses his unstinting support of the Convention's aims, writing that it should "probe the defects of the Constitution to the bottom, and provide radical cures." And by "radical," with the Latin root radix, or "root," he meant nothing less than a complete extirpation of the old mode of government.
From the ancient Greeks, for instance, the Founders learned that democracy in its pure form was to be avoided. When the people rule directly, a dictatorship of popular passions almost always ensues. Much preferred, the Founders concluded, echoing Aristotle, was a mixed regime in which neither rich nor poor had a monopoly on power, and in which no one sector of society would rule without checks.
The "Father of the Constitution," James Madison, earned his title, one might say, in no small measure because he, more than anyone at the Constitutional Convention, insisted that the Articles should not merely be amended but rather replaced by a new constitution.
The "multiplicity" and "mutability" of laws undermines the principle of majority rule by allowing it to degenerate into majority tyranny. Madison argues that although popular virtue has its place in restraining government, the longevity and success of a regime depends most upon a well-crafted system of governance, complete with separation of powers and checks and balances. Factions are inevitable because human beings are flawed, but factions can be controlled if none is able to become too powerful.
Pennsylvanian John Dickinson—who declined to sign the Declaration of Independence because he believed that the states should be organized politically before declaring independence—wrote the first draft of the Articles of Confederation in 1777. Signed into effect that year and ratified in 1781, the Articles provided the structure of government for the states until the Constitution was ratified in 1788. During that period, the Articles' deficiencies became increasingly obvious, and by the time of the Constitutional Convention, few Founders, including Dickinson, defended its continuation.
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.
Article I The stile of this confederacy shall be "The United States of America."
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Each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated ...
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Article III The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of ...
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If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the Governor or Executive power, of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense.
Article V For the more convenient management of the general interests 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; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit receives any salary, fees or emolument of any kind.
In determining questions in the United States, in Congress assembled, each State shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place out of Congress, and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on Congress, except for treason, felony, or breach of the peace.
No two or more States shall enter into any treaty, confederation 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.
but every State shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
Article IX
The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article—of sending and receiving ambassadors—entering 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 their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities, whatsoever—of establishing rules for
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The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other cause whatever; ...
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The United States in Congress assembled shall have authority 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 their direction—to
The United States in Congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy,
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Article X The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the Congress
of the United States assembled is requisite.
Article XI Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union: but no other colony shall be admitted into t...
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Article XII All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction w...
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Article XIII Every State shall abide by the determinations of the United States in Congress assembled, on all questions which by ...
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On the part and behalf of the State of Massachusetts Bay: John Hancock, Samuel Adams,
On the part and behalf of the State of Virginia: Richard Henry Lee,
On the part and behalf of the State of North Carolina: John Penn, Cornelius Harnett, John Williams
The Citizens of America, placed in the most enviable condition, as the sole Lords and Proprietors of a vast Tract of Continent, comprehending all the various soils and climates of the World, and abounding with all the necessaries and conveniencies of life, are now
by the late satisfactory pacification, acknowledged to be possessed of absolute freedom and Independency; They are, from this period, to be considered as the Actors on a most conspicuous Theater, which seems to be peculiarly designated by Providence for the display of human greatness and felicity; Here, they are not only surrounded with every thing which can contribute to the completion of private and domestic enjoyment, but Heaven has crowned all its other blessings, by giving a fairer opportunity for political happiness, than any other Nation has ever been favored with.
The foundation of our Empire was not laid in the gloomy age of Ignorance and Superstition, but at an Epocha when the rights of mankind were better understood and more clearly defined, than at any former period;
For, according to the system of Policy the States shall adopt at this moment, they will stand or fall, and by their confirmation or lapse, it is yet to be decided, whether the Revolution must ultimately be considered as a blessing or a curse: a blessing or a curse, not to the present age alone, for with our fate
will the destiny of unborn Millions be involved.
There are four things, which I humbly conceive, are essential to the well being, I may even venture to say, to the existence of the United States as an Independent Power: 1st. An indissoluble Union of the States under one Federal Head. 2ndly. A Sacred regard to Public Justice. 3rdly. The adoption of a proper Peace Establishment, and 4thly. The prevalence of that pacific and friendly Disposition, among the People of the United States, which will induce them to forget their local prejudices and policies, to make those mutual concessions which are requisite to the general prosperity, and in some
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These are the Pillars on which the glorious Fabric of our Independency and National Character must be supported; Liberty is the Basis, and whoever would dare to sap the foundation, or overturn the Structure, under whatever specious pretexts he may attempt it, will merit the bitterest execration, and the severest punishment which can be inflicted by his injured Country.
is only in our united Character as an Empire, that our Independence is acknowledged, that our power can be regarded, or our Credit supported among Foreign Nations.
Where is the Man to be found, who wishes to remain indebted, for the defense of his own person and property, to the exertions, the bravery, and the blood of others, without making one generous effort to repay the debt of honor and of gratitude?
The Militia of this Country must be considered as the Palladium of our security, and the first effectual resort in case of hostility; It is essential,
therefore, that the same system should pervade the whole; that the formation and discipline of the Militia of the Continent should be absolutely uniform, and that the same species of Arms, Accoutrements and Military Apparatus, should be introduced in every part of the United States; No one, who has not learned it from experience, can conceive the difficulty, expense, and confusion which result from a contrary system, or the vague Arrangements which have hitherto prevailed.
I now make it my earnest prayer, that God would have you, and the State over which you preside, in his holy protection, that he would incline the hearts of the Citizens to cultivate a spirit of subordination and obedience to Government, to entertain a brotherly affection and love for one another, for their fellow Citizens of the United States at large, and particularly for their brethren who have served in the Field, and finally, that he would most graciously be pleased to dispose us all, to do Justice, to love mercy, and to demean ourselves
