Tag: Articles of Confederation

  • The Civil War: New York Daily News: The Right of States to Secede

    November 16, 1860

    With the idea of secession permeating the public discourse, there were questions of whether states even had the right to secede. These questions were not confined to academics and lawyers; even the newspapers of New York City explored these questions—one of which, the New York Daily News, was a conservative newspaper that had supported John C. Breckinridge in the election of 1860.

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  • Constitution Sunday: “Publius,” The Federalist XLIV [James Madison] Part II

    New-York Packet

    January 25, 1788

    The Federalist XLIV [James Madison] Part II Article I, Section 8, Clause 18 of the Constitution has long sparked controversy, granting Congress the power to create necessary and proper laws to execute its other powers. James Madison, in the Federalist Papers, defended this provision against those who deemed it excessive. For Constitution supporters, the Clause was crucial to prevent Congress from becoming ineffective and unimportant compared to state legislatures. James Madison argued that the Clause was essential, otherwise, the Constitution would become meaningless.

    Everywhere in the city, which had become his home, there were reminders of the inspiration he had brought.

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  • Constitution Sunday: Rawlins Lowndes and Edward Rutledge Debate in the South Carolina Legislature

    January 16, 1788

    A government must provide its people—all of its people, varied as they are—with a structure that fosters self-preservation. In the South, for a long stretch of time, that sense of self-preservation was crucial. There was no denying that the slave economy was central to its existence that it was therefore always going to have tension with northern states. This was as true in 1788 as in 1861. And in 1788, there was rampant, raging debate surrounding the draft Constitution. In South Carolina’s legislature, two men—Rawlins Lowndes and Edward Rutledge—debated the merits of that draft, taking different sides on whether it warranted adoption.

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  • Constitution Sunday: On The Likely Failure Of Liberty, Robert Yates and John Lansing, Jr., to Governor George Clinton

    Constitution Sunday: On The Likely Failure Of Liberty, Robert Yates and John Lansing, Jr., to Governor George Clinton

    January 14, 1788

    Daily Advertiser (New York)

    Revising the Articles of Confederation was always going to be a difficult task. The system that the Articles erected was one where the states pulled the strings of a marionette puppet of a federal government; without the states, the federal government was nothing: for instance, although the Confederation Congress could impose a tax, it lacked any independent power of enforcement and would need unanimous approval of the state legislatures. Nonetheless, when delegates met in Philadelphia in a convention that resulted in the draft Constitution, they had originally set out to revise those Articles of Confederation, and, by amendment, to refine the existing system into a more functional, more effective government.

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  • Constitution Sunday: Nathaniel Barrell, a “Plain Husbandman,” Warns of the Passion for Power, but Favors Ratification

    February 5, 1788

    Massachusetts Ratifying Convention

    The draft Constitution had its parts that inspired and other parts that terrified. Nathaniel Barrell, either as a sign of his modesty or as a way to relate to his fellow residents of Massachusetts, claimed that he would not speak with the eloquence of a Cicero but would articulate his objections to the Constitution.

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  • Constitution Sunday: Samuel Nasson’s “Pathetick Apostrophe” to Liberty

    Massachusetts Ratifying Convention

    February 1, 1788

    Changing a system—particularly a system about which one is fond—is difficult. For some, the system that the Articles of Confederation created was an ideal one as it permitted states to maintain a level of autonomy that the proposed Constitution would subsume. For Samuel Nasson, at the Massachusetts Ratifying Convention, this was a travesty given that the country had fought so hard to free its member states from Great Britain and its attempts to “enslave us, by declaring her laws supreme.”

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  • The Revolution: Thomas Jefferson on the Draft Articles of Confederation (Part II)

    The Autobiography. By: Thomas Jefferson

    July 30, 1776 – August 1, 1776

    How the colonies would get along with each other was always going to be a monumental challenge. And, when the nation was born, there was tension between delegates and their states in setting up the framework for how the colonies would vote. With states such as Massachusetts and Pennsylvania being much larger in size and population, smaller states such as Rhode Island could justifiably fear that confederating with the colonies would bring more harms than benefits. However, to the chagrin of larger states, in the draft Articles of Confederation, at Article XVII, it stated: “In determining questions each colony shall have one vote.”

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  • The Revolution: Thomas Jefferson on the Draft Articles of Confederation (Part I)

    The Autobiography. By: Thomas Jefferson.

    July 30, 1776 – July 31, 1776

    In Thomas Jefferson’s autobiography, he wrote of the debate and adoption of the Articles of Confederation. While the country has long learned that the Constitution is far superior to those Articles, the reasons why must extend beyond “a stronger national government was needed under the Articles, and the Constitution cured that defect.” A committee took up the Articles on July 30th and 31st and then August 1st of 1776. During the first couple days, the delegates debated how to calculate each state’s monetary contribution to the “common treasury” and the “manner of voting in Congress.” And it was there that controversy occurred; controversy that would continue to the time when the Constitution was drafted and adopted and even to nearly 250 years later.

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  • Constitution Sunday: Governor Samuel Huntington on the Need for Coercive National Power

    Connecticut Ratifying Convention.

    January 9, 1788

    When Connecticut’s Governor, Samuel Huntington, rose to speak at the state’s ratifying convention, he rose to second a motion by General Parsons to “assent to, ratify, and adopt the Constitution,” but in seconding the motion, Governor Huntington provided perspective and context for why he was asking the state’s delegates to ratify. To the Governor, the debate and potential ratification of the Constitution was “a new event in the history of mankind.—Heretofore, most governments have been formed by tyrants, and imposed on mankind by force.” This Constitution was being considered during a “time of peace and tranquility” and, “with calm deliberation,” the representatives were framing a novel system of government that accounted for the pitfalls that other governments had not avoided.

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  • Constitution Sunday: Oliver Ellsworth defends the Taxing Power and Comments on Dual Sovereignties and Judicial Review

    Connecticut Ratifying Convention

    January 7, 1788

    When the Connecticut Ratifying Convention assembled, there were objections against the draft Constitution on the basis that it was “despotic” in its bestowing great power upon Congress: to the objectors, Congress having both the power of the purse and the power of the sword was intolerable. Oliver Ellsworth, however, defended the Constitution as written. Ellsworth, who would later become a United States Senator and a Chief Justice of the United States Supreme Court, had seen the ineffectiveness of those United States as existed under the Articles of Confederation and thus saw the draft Constitution as remedying the defects that caused that ineffectiveness.

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