recess of congress, such of the powers of that body as, by the consent of nine states, congress should think expedient to invest them with ; but no power was to be delegated to this committee, for which the voice of nine states in congress was requisite. Every state was to abide by the determination of congress on all questions submitted to them by the confederation. The articles of the confederation were to be observed by every state, and the union was to be perpetual : and no alteration could be made in any of them, unless agreed to by congress, and afterwards confirmed by the legislature of every state. The articles were to be proposed to the legislatures of all the states, and if approved by them, they were advised to authorize their delegates in congress to ratify the same.

It was not to be presumed, that any plan of union could have been formed, which would fully accord with the views and accommodate the varied and even conflicting interests of thirteen states. Some of the states adopted the articles without amendment. Others proposed amendments to be made to them. All, however, except New Jersey, Delaware, and Maryland, instructed their delegates to ratify and sign the articles, even if the proposed amendments should be rejected by congress. Maryland was the last state that assented to the ratification, which was done the first of March, 1781, more than three years after the articles had been adopted by congress.

The lapse of a few years proved some of the objections to the articles to have been well founded, as will appear in a succeeding chapter. One of these, in particular, was, that the power of regulating commerce with foreign nations had not been vested in congress. This was one of the numerous objections made by the state of New Jersey.

Several states objected that no provision had been made for the disposition of the western lands. They desired that congress should have power to fix the limits of such states as claimed to the Mississippi, and to dispose of the lands beyond these limits for the benefit of the union ; and it was not until after New York and Virginia had ceded their claims—the former to all lands beyond such line or lines as congress should judge expedient; the latter to all north-west of the Ohio—that congress adopted regulations for the disposal of this western territory.

In May, 1776, congress adopted a resolution, offered by John Adams, recommending to the assemblies of the states to establish such governments as their circumstances might require. Before the close of the next year, most of the states had formed new constitutions. Several of the states had already done so when the recommendation was made. Under these constitutions, the legislatures consisted of two branches, except in Pennsylvania and Georgia. The representatives, as at present, were chosen by towns in New England ; in the other states by counties.

The other branch, called in some states, the council, in others the senate, answered for the council in the colonial governments. In New Hampshire, Pennsylvania, and Delaware, there was no governor, the duties of that office being performed by a committee, or council, the president of which was president of the state. The governors in most of the states were chosen by the legislatures.

In the winter of 1778, while the British ministry were preparing a plan of conciliation to be proposed to the people of the United States, a treaty of friendship and commerce with France was concluded by the American commissioners in that country; also a treaty of defensive alliance, to have effect in case Great Britain should declare war against France. On the 13th of March, the ministry were informed by the French minister in England, that a treaty of friendship and commerce had been agreed on between France and the United States; and that measures would be taken to protect the commerce of the two countries. Whereupon the British minister at Paris was recalled—an act which is sometimes considered tantamount to a formal declaration of war.

The desire, however, of Great Britain to discontinue the war with the United States, was doubtless quickened by their alliance with so formidable a power as that of France. Anxious to try the virtue of her plan of reconciliation, without delay, copies of the bills containing the conciliatory propositions, were sent to the United States before they were passed

One of these bills proposed not to impose any duty or tax in the North American colonies, except such as might be necessary for the regulation of commerce; and the duties were to be applied to the use of the colonies. The second was to restore the ancient charter of Massachusetts. The third authorized the appointment of commissioners to treat concerning the grievances in the government of the colonies. Congress, however, suspecting it to be the intention of Great Britain merely to lull the Americans with hopes of peace, until she could assemble new armies, determined to hold no conference or treaty with any commissioners on the part of Great Britain, unless she should first withdraw her fleets and armies, or acknowledge the independence of the states. The treaties with France arrived in May, and were unanimously ratified by congress. The British commissioners soon after arrived, but congress, adhering to the determination not to receive any proposals, except upon the conditions mentioned, the attempt at conciliation failed.

In the summer of 1778, a minister plenipotentiary arrived from France; and soon after Dr. Franklin was sent to represent the United States in that country. Early in the next year, Spain offered to mediate between France and Great Britain. France accepted the offer of mediation, but

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Great Britain rejected it; and in June, (1779,) Spain joined France in the war. She declined, however, to accede to the treaties between France and the United States. Congress, had been informed of the proffered mediation by Spain, in February, and appointed a committee to whom the subject was referred, and who reported instructions to the American minister, prescribing the terms upon which he was authorized to negotiate peace. The choice of a minister for this purpose devolved upon John Adams.

Congress having determined to make proposals to Spain, with the view of inducing her to accede to the treaties between France and the United States, appointed John Jay as minister to Spain. As it was known that Spain was anxious to secure the possession of the extensive territory which she claimed in North America, Mr. Jay was instructed to offer her a guaranty of the Floridas, (in case she should succeed in her attempt to recover them,) provided she should concur with France and the United States in continuing the war with Great Britain, and provided that the United States should enjoy the free navigation of the Mississippi. Spain professed to desire the alliance, but required, as a condition, the exclusive right to the navigation of the Mississippi, the possession of the Floridas, and all the lands east of the Mississippi and the Alleghany mountains. Spain denied the claim of the United States to any lands west of these mountains; and as it was the intention of Spain to conquer the Floridag and the western territory, during the war with Great Britain, she wished to have all cause of future dispute between Spain and the United States relative to these lands removed. Several of the states claimed to the Mississippi

, both by virtue of their charters, and by the treaty of 1763. This territory having been ceded by France to Great Britain by this treaty, the United States, by the revolution, became entitled to the same; and therefore they could not assent to the requisitions of Spain.

Subsequently, however, (1780,) the State of Virginia, alarmed at the reverses of the American army at the south, and desirous of securing the aid of Spain, requested congress to alter Mr. Jay's instructions. Congress accordingly authorized Mr. Jay to relinquish the right of navigating the Mississippi below the 31st degree of north latitude, a free navigation above that degree being acknowledged and guaranteed to the citizens of the United States. This proposition also was rejected.

In 1780, the empress of Russia offered to the British court, to become mediatrix between the belligerents in Europe. At the request of Great Britain the emperor of Germany was associated in the mediation. In June, 1781, congress appointed Dr. Franklin, Mr. Jay, Mr. Laurens, and Mr. Jefferson

, to join Mr. Adams, as representatives of the United States

which was to meet in Vienna. Great Britain, regarding

in the

the United States as her colonies, refused to admit them as parties to the negotiation, as this would be a virtual recognition of their independence. The American ambassadors refusing to appear in any other character than that of ministers of an independent nation, the mediation was ended.

In the summer of the next year, (1782,) parliament having passed an act authorizing the king to negotiate a peace, the commissioners of the different countries concerned, met for this purpose at Paris. When the negotiation commenced, Dr. Franklin and Mr. Jay only were present. After the negotiation had proceeded to an advanced stage, Mr. Adams arrived from Holland, having concluded a treaty with that government. Mr. Laurens arrived from England two days before the treaty was signed. Mr. Jefferson, owing to the illness of his wife, remained at home. The sagacity, the firmness, and the diplomatic skill evinced by the American commissioners who participated in the negotiation, have been seldom surpassed. The result was favorable to the United States. All that could reasonably be demanded, and more than there was ground to hope for, was secured by the treaty. The United States acquired a guaranty to the western lands back to the Mississippi, and north of the 31st degree of north latitude, which was made the northern line of Florida on that river. They were also to retain the right to the use of the fisheries on the banks of Newfoundland, and in the Gulf of St. Lawrence, and in all other places in the sea where the inhabitants of both countries had been accustomed to fish. The British were to withdraw their armies, garrisons, and fleets, from the United States, without unnecessary delay. The navigation of the Mississippi, from its head to the ocean, was to be free to both parties. Creditors on both sides were to be permitted to recover their debts in sterling money.

The treaty was signed by the parties on the 30th of November, and was to take effect when peace should have been concluded between Great Britain and France. Treaties between these countries and Spain were signed on the 20th of January, 1783. On the 11th of April, congress proclaimed a cessation of hostilities, and, on the 15th, ratified the treaty.

The achievement of the independence of the United States, was not immediately followed by the advantages that had been anticipated. It soon became manifest that something more was essential to individual and national prosperity. The system of government which had been adopted during the war, was found to be ill adapted to a state of peace. The princi. pal defect of the confederation consisted in its weakness. It intrusted to congress the right to declare war; but it did not confer upon that body the power to raise the means of prosecuting a war. It was capable of contracting debts, and of pledging the public faith for their payment;

but it had not the means of discharging its obligations. Congress had no power to lay taxes and collect revenue for the public service. It could only ascertain the suins of money necessary to be raised, and apportion to each state its quota or proportion. The power to lay and collect the taxes was reser

served to the states. Hence it appears that the confederation had little more than advisory powers; and that the operations of the government depended upon the good will of thirteen distinct and independent sovereignties. natural consequence, delays in collecting taxes were not unfrequent. Even during the war, under the pressure of a common danger, the requisitions of congress upon the states for men and money to carry on the war, were often either tardily obeyed, or entirely disregarded; and, but for the loans which were fortunately obtained by congress from France and Holland, it is doubtful whether the war could have been successfully prosecuted

. After the return of peace, congress was unable to obtain from the states money sufficient to pay even the interest of the public debt; and the affairs of the country were in a state of extreme embarrassment. The federal treasury was empty; the faith of the nation broken; the public credit sunk, or rapidly sinking, and the public burthens increasing

The congress of 1783, deeply solicitous for the honor and interests of the nation, agreed upon a measure, the object of which was “ to restore and

support public credit,” by obtaining from the states “substantive funds for funding the whole debt of the United States.” These funds were to be raised in part by duties on goods imported, and in part by internal taxation. To the amount necessary for this purpose, each state was to contribute in proportion to its population.

This measure was recommended to the scveral states, and the recommendation was accompanied by an address prepared by a committee, consisting of Mr. Madison, Mr. Hamilton, and Mr. Ellsworth, urging its adoption by considerations of justice, good faith, and the national honor. Gen. Washington also, in a letter addressed to the governors of the several states on the condition of public affairs, took occasion to add the weight of his influence to that of congress, in favor of the plan. Although a favorable impression was made by this appeal from one who shared so largely the public confidence and esteem, the recommendation did not receive the assent of all the states.

Congress, however, continued to urge the measure upon the states, until 1786, when the plan was materially modified. That part of it which applied for the internal taxes having met with the greatest opposition, congress, deeming a partial compliance with the original recommendation highly desirable at such a crisis, requested authority "to carry

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