The Articles of Confederation and the Path to the Constitution

The Nature and Limitations of the Articles of Confederation

• Reactionary Context: The Articles of Confederation were reactionary wartime documents. They were designed to maintain unity among the states and fill the administrative gap left by the collapse of the British system.
• Temporary Intent: Historical figures such as Alexander Hamilton and George Washington viewed the Articles as a necessary but temporary measure to secure alliances (specifically the French treaty of alliance). There was never a permanent intention to live under this system; they were always destined to be amended or abolished.
• Establishing National Identity: The Articles are the first official document to use the name The United States of America.
• Delegated Authority: The document is highly limiting, delegating only specific powers for specific reasons. It explicitly prevents the use of power for purposes other than those enumerated.
• A "Firm League of Friendship": The Articles established a "firm league of friendship" between the states for the purposes of:     * Promotion of defense.     * Protection of liberties.     * Promotion of the general welfare (a concept that would later be integrated into the Constitution).
• Legal Equality and Reciprocity:     * The Articles imposed legal equality between all citizens across state lines. A citizen of Massachusetts in Georgia would be treated as a citizen of Georgia.     * States were required to uphold each other's laws. This created complications regarding the Southern states' slavery laws, as Northern governments were legally bound to respect Southern property laws concerning escaped slaves.

Structure of the Confederate Government

• One State, One Vote: The government utilized a unicameral assembly where each state held equal power regardless of population size. This lacked the proportional representation that Americans had previously demanded from the British.
• Isolation from the People: This was not a government of the people, but a government of the states. Delegates to the national legislature (the Congress of the Confederation) were appointed by state legislatures rather than elected by the citizenry.
• Term Limits and Rotation: Delegates could only serve in the Confederation Congress for 3 out of every 6 years.
• Executive Limitations:     * Congress elected a yearly president from among its own members.     * The president was only allowed to serve a one-year term.     * There was no popular election or state convention involved in this process.
• Military Control: The states retained significant control over the Continental Army. Any officer above the rank of colonel had to be appointed by the states. This meant George Washington did not have control over his own officer corps, often resulting in the appointment of wealthy, well-connected, but incompetent officers.
• Provisions for Expansion:     * Canada: A unique provision allowed Canada to join the United States at any time simply by sending a letter. No further process was required.     * Other Territories: Any other territory (such as Louisiana or Spanish-held lands) required unanimous consent from all states to be admitted.     * Impact on Growth: This requirement effectively stifled expansion, as Northern states were unlikely to approve new slave states. Kentucky underwent the process to join under the Articles, but was forced to restart once the Constitution was signed.

The Continental Army and Military Hardships

• Composition: The initial army was a collection of state militias. Despite Washington's nationalism, Congress refused to create a professional army or eliminate state distinctions. State distinctions persisted until 1864, after Ulysses S. Grant demanded a reorganization.
• Fear of Standing Armies: Drawing from historical precedents like Oliver Cromwell, Julius Caesar, and Cornelius Sulla, Congress viewed standing armies as an ultimate threat to liberty and a precursor to the usurpation of state power.
• The Myth of the Citizen Soldier: Congress favored citizen militias due to a misunderstanding of Roman history. They believed Roman success came from militias, ignoring that Roman service often involved 16-year terms, making them professional soldiers.
• Financial and Resource Scarcity:     * A professional army was deemed too expensive for a government already deep in debt to the French.     * Individual states (like Virginia and Georgia) feared a strong central army under Northern command as a threat to their existence.     * Supplies, munitions, and money were chronically withheld. Soldiers sometimes went unpaid for two years.
• Washington's Initial Findings: When Washington took command, he was told he had $20,000$ troops and $328$ barrels of gunpowder. He found only $12,000$ troops and $36$ barrels—amounting to only 9 rounds per soldier.
• Equipment: Some soldiers were issued spears ("pointy sticks") to fight the professional British Empire.
• Enlistment Crisis: Enlistment terms were only one year. By January 1776, the army was down to $9,000$ men facing a British force of $20,000$. Disasters later reduced the American force to under $5,000$.

The Revolutionary Stalemate and Social Composition

• Stalemate (1775–1780): Following the loss of New York and the capital at Philadelphia, the war entered a stalemate. The British sent prestigious lords as generals who often lacked military competence.
• The Frontier War: In Kentucky, Native American allies of the British killed approximately 7% of the population.
• Diverse Force: The Continental Army was the most diverse American force until the Vietnam War:     * 12% Black troops.     * 8% Hispanic or Native American.     * 25% Immigrants (Scotland, Ireland, Wales, Netherlands).     * Hundreds of women served in combat and non-combat roles.
• Key Officers and Aides:     * John Lawrence: Son of a wealthy South Carolina slave owner; proposed a scheme for emancipation by arming 50,000 slaves to win their freedom and the war. He was killed in 1782 at age 27.     * Alexander Hamilton: An immigrant from the Caribbean; a genius who was emphatically anti-slavery and pro-union.     * Marquis de Lafayette: A French general who became like a son to Washington. His later imprisonment during the French Revolution by the Austrians severely damaged U.S.-Austrian relations permanently (extending to World War I).

George Washington’s Radicalization

• Evolution of Thought: Washington began the war as a Virginian aristocrat and slave owner but became increasingly egalitarian.
• Response to British Contempt: In August 1775, Washington wrote to General Thomas Gage (whose life he had saved in 1755 at the Battle of the Monongahela) rejecting the idea that power derived from the King. He stated that the purely honorable rank flowed from the "unconverted choice of a brave and free people."
• Experience with Black Troops: Washington praised the Black Rhode Island troops under Nathaniel Green as the best he had seen. Their bravery in bayonet charges against crack British troops convinced him of their equality.
• Political Shifts: By the end of the war, Washington believed the revolution would fail if slavery continued. He advocated for the removal of property requirements for voting, women's equality, and direct representation for citizens.

Fractures in the Union (1781–1787)

• Post-Yorktown Decline: After the 1781 victory, Congress began defunding the army. The lack of a quorum in the Confederation Congress prevented any effective governance.
• Economic War: The British maintained an embargo on trade, devastating the New England economy. The continental dollar was worthless.
• Interstate Conflict:     * Territorial Disputes: New York and Pennsylvania militias engaged in skirmishes over border disputes.     * Trade Barriers: States used customs and tariffs to stifle each other's trade. New York blocked New Jersey's timber trade.     * Secession: The "State of Franklin" seceded from North Carolina in 1784.     * Vermont Expansion: The Republic of Vermont (led by Ethan Allen from 1777 to 1791) negotiated with the British and seized territory from the U.S.
• Foreign Pressure: The Spanish blocked American access to the Mississippi River, cutting off New Orleans. The British armed Native Americans on the frontier.

Shays' Rebellion and the Newburgh Coup

• Shays’ Rebellion: Veterans in Massachusetts, unpaid and facing foreclosure on their farms, rose up under Daniel Shays. They burned courthouses to destroy debt records. The state militia defected to the rebels, forcing the wealthy to hire a private mercenary army.
• The Officers' Coup: Disgruntled officers planned a military coup to overthrow Congress. Washington intervened in person, famously stating, "I have grown gray and old and blind in the service of my country." This emotional appeal and his personal integrity were the only things that stopped the coup.
• Siege of Congress: A group of soldiers surrounded the Confederation Congress in Philadelphia demanding back pay. Congressmen escaped only by walking out and daring the soldiers to shoot.

The Road to the Constitution

• Mount Vernon Conference (March 1785): A meeting between Virginia and Maryland to discuss navigation of the Potomac River. It became a model for interstate cooperation, establishing a common currency and toll solutions.
• Annapolis Convention (1786): A follow-up meeting where Hamilton used a loophole regarding New Jersey's broad orders to call for a larger convention in Philadelphia the next year.
• Madison's Research: In 1786, James Madison wrote "Notes on Ancient and Modern Confederacies." He concluded that confederacies are inherently weak and incentivized foreign interference, leading him to predict the collapse of the Holy Roman Empire and the Swiss Confederacy.
• The Constitutional Convention (1787):     * Secrecy: Windows and doors were closed to prevent media interference and public overreaction ("the mob").     * Legitimacy: Washington (as president) and Benjamin Franklin were invited to provide national and international legitimacy.     * Madison’s Notes: Madison took exhaustive notes, omitting jokes to emphasize the seriousness of the business.     * Diverse/Radical Proposals:         * Madison: Proposed a president for life and a federal veto over state laws.         * Hamilton: Proposed the abolition of states and their replacement with proportional "departments."         * Franklin: Wanted a unicameral assembly with an executive council and no veto.         * John Dickinson: Wanted state legislatures to be able to impeach the president.         * Elbridge Gerry: Proposed a three-man presidency and dividing the U.S. into three separate nations (New England, Middle, and Southern).