In lieu of an abstract, here is a brief excerpt of the content:

IX Early Reaction and Ratification T HE NATURE of the immediate reaction to the Articles of Confederation must be garnered largely from the official acts of the various legislatures empowering their delegates to ratify the document, or criticizing it and making further demands . Individual expressions of opinion are few, but these few are indicative of a continued divergence of ideas. Even before the Articles had been completed, Charles Carroll voiced the views of the conservatives when he wrote that he despaired of such a confederacy being created "as ought, and would take place, if little and partial interests could be laid aside." 1 Extreme radicals like Thomas Burke thought that a time of peace and tranquility was the time for drafting a constitution, for many were disposed to take advantage of the existing circumstances of the states, "which are supposed favorable for pressing them to a very close connection ." 2 Burke presented to the North Carolina legislature a lengthy analysis of the Articles of Confederation, which apparently caused the legislature to delay ratification for a time. In it he stated that Congress was a general council made necessary by the usurpations of Great Britain, and that its powers arose only from the necessity of war. That being the case, all idea of "coercive interpositions within the States respectively," except in the case of the army and navy, had been excluded, likewise any power to punish citizens of the states, "for that is not necessary for the end of their Institution, and every individual is to be tried and punished only by those laws to which he consents. The Congress for this reason can give no authority to any man or set of men to arrest or punish a Citizen, nor can it Lawfully be done but by the authority of the 1 To Benjamin Franklin, Douhoregan, Maryland, August 12, 1777, in Burnett , Letters, 2:450--451. •To Governor Richard Caswell, November 4, 1777, ibid., 542. 186 The Articles of Confederation particular states." Mention has already been made of Burke's belief that the end of the war would end all necessity for the continuation of Congress. Finally, he thought, every state should have the right to control the soldiers within its own territory.3 The effect of Burke's observations may be seen in the action of the North Carolina legislature. In December a committee reported that certain portions of the Articles should be ratified, but that others, unnecessary to the success of the war and involving "what may very materially affect the internal interests and Sovereign Independence " of the state, ought to be delayed for more leisurely consideration.4 Both houses agreed to this partial ratification.5 Not until April 25, 1778, did the North Carolina legislature agree to ratify the Articles of Confederation as presented to it.6 In January, 1778, the Articles came before the South Carolina Assembly. William Henry Drayton made a detailed criticism of the document and finally offered an entirely new plan of confederation . He felt that in spite of the second article Congress had been granted most of the important powers of government, and that if one went through the restrictions upon the states, he would find that "scarce the shadow of sovereignty remains to any." He attacked what he declared to be the ambiguity of many of the articles, and demanded more precision of statement and an eradication of all that was doubtful. Accepting the axiom that nothing was more dangerous than a consideration of "the spirit of the laws," he insisted that there be a literal interpretation of the bond, for while the present Congress might understand the Confederation, future congresses would be sure to "look for the spirit of the law." To make his point he quoted Beccaria's observation that when people begin to look for the "spirit," what they find is " 'the result of their good or bad logic; and this will depend on their good or bad digestion; on the violence of their passions; on the rank and condition of the parties, or on their connections with congress; and on all those litde circumstances, which change the appearance of objects in the fluctuating mind of man.' " The aptness of this quotation was amply demonstrated •To the General Assembly from the Hon. Thomas Burke [December. 1777], in State Records of North Caroli'llll, 11:7°1-7°3. 'Ibid., 11:118-119> December 19. "Ibid., 119, 263. 'Ibid., 599. 608-6oS), 708-709.717-718• [18.223.172...

Share