R. FRANKLIN had moved, in the summer of 1775, that certain articles of confederation and perpetual union which he submitted to Congress, should be entered into by the colonies; but the greater part of that body were not

then prepared for such a decisive measure. The subject was suffered to rest until June, 1776, when the majority of the members having determined upon the declaration of independence, a union became obviously necessary, both for mutual security and succour, and for obtaining foreign aid. On the 11th of June, a committee, consisting of twelve members, was appointed to prepare and digest the form of a confederation. A plan was reported by this committee, on the 12th of July following. Eighty copies were ordered to be printed, the printer and the members being bound to secresy in regard to

ARTICLES OF CONFEDERACY.

491

its contents. It was discussed, and held under consideration in committee, until the 20th of August, when an amended draft was reported to the house. Other important business prevented immediate action upon it, until the month of April, 1777, when it was again brought forward for consideration; it was frequently debated until the 15th of November, when the measure was finally adopted.

By this act the thirteen states were formed into a confederacy, styled, the "United States of America ;" and they were bound into a firm league of friendship with each other, for their defence, 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 them, on account of religion, sovereignty, trade, or any other pretence whatever.

The sovereignty, freedom, and independence, and all powers, jurisdictions, and rights, not delegated to the United States, were secured to the states. Delegates were to be appointed. to Congress annually, the number to be sent by each state not to exceed seven, or be less than three. The Congress was to assemble yearly, on the first Monday of November, and each state had the power of recalling its delegates and appointing others, within the year.

No state was to enter into a treaty, agreement, or alliance, with any foreign nation; nor were any two or more states to enter into any confederation or alliance whatever between themselves, without the consent of Congress. All imposts which would in any manner interfere with treaties or stipulations made between Congress and any foreign power, were prohibited on the part of the states, which were also debarred from keeping any naval or military force, or engaging in war, except in case of an invasion. National expenses, and those incurred in time of war, were to be defrayed out of a common treasury, to be supplied by the several states, according to the value of the landed property in each state, the taxes for paying such proportion to be laid and levied by the legislatures of the several states, within the time agreed upon by Congress.

492

POWERS OF CONGRESS.

The general legislature had the sole and exclusive power of peace and war, except in case of invasion-of sending and receiving ambassadors-entering into alliances and treaties; with a proviso, that no treaty of commerce should abridge the legislative power of the respective states, of imposing such imposts and duties on foreigners, as their people were subject to, or of prohibiting exportation or importation of any species of goods or commodities whatever-of deciding captures made on land or water-of granting letters of marque or reprisal, in time of peace-appointing courts for the trial of piracies or felonies committed on the high seas, and for the trial of appeals in all cases of captures. Congress was also empowered to determine finally all disputes and differences, which then existed or might arise, between two or more states, concerning boundary, jurisdiction, or any other cause whatever, and the manner of exercising this power was specified in the articles, no state being subject to a deprivation of territory for the benefit of the United States. The regulation of the coinage of the country, of the standards of weights and measures, of the Indian trade and affairs, of post-offices, and military and naval appointments, was also vested in Congress.

A committee, called the committee of the states, was also appointed, to act during the recess of Congress, and was composed of one member from each state, or if circumstances should hinder any of the members from attending, nine were sufficient to constitute the committee. This was simply an executive committee, and had no power to engage in war, grant letters of marque and reprisal, coin money, define the sums necessary for the defence and welfare of the country, emit bills of credit, appoint commanders of land or naval forces, or determine the amount of the same; these functions requiring the assent of nine states in Congress. These articles, which were not to be altered unless the changes should be agreed to in Congress, and afterwards confirmed by the legislatures of every state, bound the states in a perpetual union, and provided that Canada, acceding to the confederation, and joining in the measures of the United States, should

MEETING OF PARLIAMENT.

493 be admitted into the union; but no other colony, without the consent of nine states.

These articles were to be submitted to the legislatures of the several states for consideration and approval, and their delegates being afterwards instructed to ratify them in the Congress of the United States, they "became conclusive."

Congress next resolved that the flag of the United States should be thirteen stripes, one for each state, and that the union thirteen stars, white, in a blue field; representing a new constellation. On the 29th of October, on account of his ill health, Mr. Hancock took leave of Congress, having presided over the deliberations of that body two years and nine months; and on the 1st of November, Henry Laurens was elected to succeed him. The people on the New Hampshire grants being left in a difficult situation by the declaration of independence, boldly declared their district an independent state, by the name of New Connecticut, or Vermont.

Leaving for the present the American Congress in session, let us revert to the meeting of the British parliament on the 18th of November, 1777. The king made a speech expressive of his firm hope as to the final result of the expensive and deplorable contest in America. After stating his confidence in the officers and soldiers employed by him in suppressing the colonial disturbances, as he was pleased to call them, he reminded the legislature of the necessity of providing for any farther military operations which might be rendered necessary. He again repeated his hollow, unmeaning declaration. of the preceding year, that he continued to receive friendly assurances from foreign powers, adding, that as the armaments of France and Spain continued, he had thought it necessary to make a considerable augmentation of his own naval force; being firmly determined never to disturb the peace of Europe, yet always to guard faithfully the honour of the British

crown.

Lord Coventry opposed the address, in reply to the speech from the throne, and recommended the immediate withdrawal of the British fleets and armies, and the

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LORD CHATHAM'S SPEECH.

instant recognition of the independence of America. He was followed by Chatham, who indignantly refused his assent to the blind and servile address which approved and endeavoured to sanctify the monstrous measures which had brought the British empire to the condition in which it then was. He treated with scorn the affected ignorance of the ministers of the fact that the colonies were secretly aided and abetted by France.

The news of the battle of the Brandywine, and the surrender of Burgoyne, had not yet reached England, and the sufferings of the army of that general were known only in part. The desperate state of the English arms was, however, described by Chatham, as follows: "No man thinks more highly of British arms than I do; I love and honour the English troops; I know their virtues and their valour; I know they can achieve anything except impossibilities; and I know that the conquest of English America is an impossibility. You cannot, I venture to say it, you cannot conquer America."

In allusion to the employment of German mercenaries to overcome the spirit of American liberty, the eloquent orator exclaimed, "You may swell every expense, and every effort, still more extravagantly; pile and accumulate every assistance you can buy or borrow; traffic and barter with every little, pitiful German prince, that sells and sends his subjects to the shambles of a foreign power: your efforts are for ever vain and impotent-doubly so from this mercenary aid on which you rely; for it irritates to an incurable resentment, the minds of your enemies-to overrun them with the mercenary sons of rapine and plunder; devoting them and their possessions to the rapacity of hireling cruelty! If I were an American, as I am an Englishman, while a foreign troop was landed in my country, I never would lay down my arms-nevernever never!"

When he came to speak of the employment of the Indians in the service of Britain, his tone was still more loud and indignant. "But, my lords," said he, "who is the man that, in addition to these disgraces and mischiefs of our army,