The Articles of Confederation - 1777

After the ratification of the Declaration of Independence, establishing the "united colonies" as Free and Independent States, the Continental Congress set to work on the task of drawing up a document that would provide a legal framework for that Union, and which would be enforceable as the law of the new land.

The Articles were written during the early part of the American Revolution by a committee of the Second Continental Congress of the now independent thirteen sovereign states. The head of the committee, John Dickinson, who had refused to sign the Declaration of Independence, nevertheless adhering to the will of the majority of the members of the Continental Congress, presented a report on the proposed articles to the Congress on July 12, 1776, eight days after the signing of the Declaration of Independence. Dickinson initially proposed a strong central government, with control over the western lands, equal representation for the states, and the power to levy taxes.

Because of their experience with Great Britain, the 13 states feared a powerful central government. Consequently, they changed Dickinson's proposed articles drastically before they sent them to all the states for ratification in November 1777. The Continental Congress had been careful to give the states as much independence as possible. The Articles deliberately established a confederation of sovereign states, carefully specifying the limited functions of the federal government. Despite these precautions, several years passed before all the states ratified the articles. The delay resulted from preoccupation with the revolution and from disagreements among the states. These disagreements included quarrels over boundary lines, conflicting decisions by state courts, differing tariff laws, and trade restrictions between states.

The small states wanted equal representation with the large states in Congress, and the large states were afraid they would have to pay an excessive amount of money to support the federal government. In addition, the states disagreed over control of the western territories. The states with no frontier borders wanted the government to control the sale of these territories so that all the states profited. On the other hand, the states bordering the frontier wanted to control as much land as they could.

Eventually the states agreed to give control of all western lands to the federal government, paving the way for final ratification of the articles on March 1, 1781, just seven and a half months before the surrender of Lord Cornwallis and his British Army at Yorktown, October 19, 1781, the victory ended fighting in the War of Independence and virtually assured success to the American cause. Almost the entire war for five long years had been prosecuted by the members of the Second Continental Congress as representatives of a loose federation of states with no constitution, acting at many times only on their own individual strengths, financial resources and reputations.