1. GHIST 225: US History Kevin R. Hardwick Spring 2012 LECTURE 10 The “Critical Period:” 1781-1787

2. GHIST 225: US History Kevin R. Hardwick Spring 2012 Part One: The Articles of Confederation Part Two: Arguments for a stronger national government: concerns for property and order Document: Publius [James Madison], Federalist 51

3. Articles of Confederation: Each state had a single vote Granted Congress the authority to: --handle diplomatic missions, --requisition men and arms from the states, --mint and borrow money, --regulate Indian affairs.

4. Articles of Confederation: Article Two: “Each state retains its sovereignty, freedom and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.”

5. Articles of Confederation: Article XIII: “The Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual.”

6. James Madison, Vices of the Political System (1787): “As far as the Union of the States is to be regarded as a league of sovereign powers, and not as a political constitution by virtue of which they are become one sovereign power, so far it seems to follow from the doctrine of compacts, that a breach of any of the articles of the confederation by any of the parties to it, absolves the other parties from their respective obligations, and gives them a right if they choose to exert it, of dissolving the Union altogether.”

7. James Wilson, opening speech to the Pennsylvania Ratifying Convention, 1 December 1787: “In order to keep republics together they must have a strong binding force, which must be either external or internal. The situation of this country shows, that no foreign force can press us together, the bonds of our union ought therefore to indissolubly strong.”

8. Fisher Ames, on Shay’s Rebellion: "the people have turned against their teachers the doctrines which were inculcated to effect the late revolution."

9. Alexander Hamilton, Letter to James Duane, 1780 (criticizing the draft of the Articles that a year later was ratified): The primary source of weakness in the Articles was: an excess of the spirit of liberty which has made the particular states show a jealousy of all power not in their own hands; and this jealousy has led them to exercise a right of judging in the last resort of the measures recommended by Congress, and of acting according to their own opinions of their propriety or necessity.

10. Alexander Hamilton, Letter to James Duane, 1780 (criticizing the draft that a year later was ratified): The confederation itself is defective and requires to be altered; it is neither fit for war, nor peace. The idea of an uncontrolable sovereignty in each state, over its internal police, will defeat the other powers given to Congress, and make our union feeble and precarious. There are instances without number, where acts necessary for the general good, and which rise out of the powers given to Congress must interfere with the internal police of the states, and there are as many instances in which the particular states by arrangements of internal police can effectually though indirectly counteract the arrangements of Congress.

11. Alexander Hamilton, Letter to James Duane, 1780 (criticizing the draft that a year later was ratified): In our case, that of an empire composed of confederated states each with a government completely organised within itself, having all the means to draw its subjects to a close dependence on itself-- the danger is... that the common sovereign will not have power sufficient to unite the different members together, and direct the common forces to the interest and happiness of the whole.

12. Alexander Hamilton, Letter to James Duane, 1780 (criticizing the draft that a year later was ratified): A single man, in each department of administration, would be greatly preferable. It would give us a chance of more knowledge, more activity, more responsibility and of course more zeal and attention.

13. Alexander Hamilton, Letter to James Duane, 1780 (criticizing the draft that a year later was ratified): Hamilton wanted to replace the Confederation with "a solid coercive union." The confederation in my opinion should give Congress complete sovereignty; except as to that part of internal police, which relates to the rights of property and life among individuals and to raising money by internal taxes. It is necessary, that every thing, belonging to this, should be regulated by the state legislatures. Congress should have complete sovereignty in all that relates to war, peace, trade, finance, and to the management of foreign affairs,...

14. James Madison, Vices of the Political System, 1787 The Practice of many states in restricting the commercial intercourse with other States, and putting their productions and manufactures on the same footing with those of foreign nations, though not contrary to the federal articles, is certainly adverse to the spirit of the Union, and tends to beget retaliating regulations, not less expensive & vexious in themselves, than they are destructive of the general harmony.

15. James Madison, Vices of the Political System, 1787 "A sanction is essential to the idea of law, as coercion is to that of government."

16. James Madison, Federalist 51, 1788 "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty is this: you must first enable the government to control the governed; and in the next place, oblige it to control itself."

17. James Madison, Federalist 51, 1788 "The great desideratum in government is such a modification of the sovereignty as will render it sufficiently neutral between the different factions and interests, to control one part of the society from invading the rights of another, and at the same time sufficiently controlled itself, from setting up an interest adverse to that of the whole of society."