The Black Man Guide to the American Constitution

Preciously on The Black Man Guilde to the American Constitution, we reviewed the Declaration of Independence. This was the document sent to King George telling him that the colonies are basically breaking away from Great Britain and charting their own destiny.

I remember in school of learning about the Constitution of the United States. But I don’t remember going over this very first incarnation, “The Articles of the Confederation.”

When reviewing history of The United States of America, it is very important to visit this and see how the building blocks were put into place to get the true picture of the foundation of our government. You are probably asking why read through this to get to reviewing the Constitution? You will understand soon enough.

The Articles of Confederation Text

Preamble:

To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.

Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the Year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America, agree to certain articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts-bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, in the words following, viz:

Articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts-bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.

Thirteen Articles:

Article I.

The Stile of this confederacy shall be "The United States of America."

Article II.

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.

Article III.

The said states hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.

Article IV.

The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties impositions and restrictions as the inhabitants thereof respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other state, of which the Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the united states, or either of them. If any Person guilty of, or charged with treason, felony, — or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall, upon demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.

Article V.

For the more convenient management of the general interests of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recal its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year.

No state shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind.

Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. In determining questions in the united states in Congress assembled, each state shall have one vote.

Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace.

Article VI.

No state, without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference agreement, alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the united states in congress assembled, or any of them, grant any title of nobility.

No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united states in congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain.

No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the united states in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage. No state shall engage in any war without the consent of the united states in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the united states in congress assembled can be consulted: nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the united states in congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the united states in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the united states in congress assembled, shall determine otherwise.

Article VII.

When land-forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectively, by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the State which first made the appointment.

Article VIII.

All charges of war, and all other expences that shall be incurred for the common defence or general welfare, and allowed by the united states in congress assembled, shall be def rayed out of a common treasury, which shall be supplied by the several states in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint.

The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the time agreed upon by the united states in congress assembled.

Article IX.

The united states in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article — of sending and receiving ambassadors — entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities, whatsoever — of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the united states shall be divided or appropriated — of granting letters of marque and reprisal in times of peace — appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of congress shall be appointed a judge of any of the said courts.

The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, congress shall name three persons out of each of the united states, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as congress shall direct, shall in the presence of congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons, which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection or hope of reward:" provided also, that no state shall be deprived of territory for the benefit of the united states.

All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.

The united states in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states — fixing the standard of weights and measures throughout the united states — regulating the trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated — establishing or regulating post offices from one state to another, throughout all the united states, and exacting such postage on the papers passing thro' the same as may be requisite to defray the expences of the said office — appointing all officers of the land forces, in the service of the united states, excepting regimental officers — appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the united states — making rules for the government and regulation of the said land and naval forces, and directing their operations.

The united states in congress assembled shall have authority to appoint a committee, to sit in the recess of congress, to be denominated "A Committee of the States," and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the united states under their direction — to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the united states, and to appropriate and apply the same for defraying the public expences to borrow money, or emit bills on the credit of the united states, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted, — to build and equip a navy — to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisition shall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men and cloth, arm and equip them in a soldier like manner, at the expense of the united states; and the officers and men so cloathed, armed and quipped shall march to the place appointed, and within the time agreed on by the united states in congress assembled: But if the united states in congress assembled shall, on consideration of circumstances judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such state, unless the legislature of such sta te shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assembled.

The united states in congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the united states in congress assembled.

The congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no period of adjournment be for a longer duration than the space of six Months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.

Article X.

The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united states in congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the united states assembled is requisite.

Article XI.

Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all the advantages of this union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.

Article XII.

All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of congress, before the assembling of the united states, in pursuance of the present confederation, shall be deemed and considered as a charge against the united states, for payment and satisfaction whereof the said united states, and the public faith are hereby solemnly pledged.

Article XIII.

Every state shall abide by the determinations of the united states in congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the united states, and be afterwards confirmed by the legislatures of every state.

Article XIII.

Every state shall abide by the determinations of the united states in congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the united states, and be afterwards confirmed by the legislatures of every state.

Conclusion:

And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union. Know Ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained: And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual.

In Witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the state of Pennsylvania the ninth day of July in the Year of our Lord one Thousand seven Hundred and Seventy-eight, and in the third year of the independence of America.

So as it is written, so shall the will of men be done. When reading through the articles, there are a few things that stand out to me:

Point One - the formalized naming of the country as “The United States of America”. This name was and shall always be the name of our country.

Point Two - The establishment of the “Sovereignty of the States”. This is very important, and this goes to the fact that with this new form of Government, there is no established King, Monarch, or singular head. The bulk of the power resides with the individual states. And the Congress they create will meet too tend to the needs of the country. And the most interesting reference to the relationship between them is states as: “The said states hereby severally enter into a firm league of friendship with each other,” this make it sound like a “Gentlemen’s Agreement” between them.

Point 3 - there is for me one particular thing I noticed. There was no indication of recognizing citizenship. It can cause you to think, that they would think there is no need to include something like this because, they only viewed themselves “White men” as citizens of this new form of government. Slaves are considered as property and had no rights, women had no right because they were considered submissive to their husbands, and Native Indians were being killed off because their lands where being taken over and they are being driven off or themselves being killed. So why would they need to established citizenship for anyone if they believed they are the only citizens that matter.

So, with that being said, The Articles of Confederation served as the written document that established the functions of the newly formed national government of the United States after it declared independence from Great Britain. The Articles were written in 1776–77 and adopted by the Congress on November 15, 1777. However, the document was not fully ratified by the states until March 1, 1781, and where in effect from 1777 until 1789. The Confederation provided the new nation with a instructive experience in self-government under this new form of an agreement in a written document.

With this newly formed government, there are what can be called accomplishments, from state claims to western lands were settled, and with the Northwest Ordinance of 1787, this established the fundamental pattern of evolving government in the territories north of the Ohio River. There is a reason why this was important.

The Northwest Ordinance of 1787, was important because it laid the basis for the government of the Northwest Territory and for the admission of its constituent parts as states into the union. Under the ordinance, each district would to be governed by a governor and then judges was appointed by Congress until it attained a population of 5,000 adult free males. Once this is reached, it would become a territory and could form its own representative legislature. Additionally, under the ordinance, slavery was forever outlawed from the lands of the Northwest Territory, freedom of religion and other civil liberties were guaranteed, and the resident Indians were promised decent treatment, and education was provided for. And to note, it did not recognize a population of 5,000 people, but 5,000 males. Women as a whole still was not recognized.

In regards to the section on “Slavery”, I would like to read Article 6 of the Northwest Ordinance or 1787. And it reads like this:

“Art. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.”

So, Slavery and involuntary servitude were forbidden in the Northwest Territory, thereby making the Ohio River a natural dividing line between the free and slave states of the country.

To achieve this consensus, there had to be a Unanimous consent from the states for the Northwest Ordinance to be passed. So why would the southern states agree to this provision?

Under the Articles of Confederation, the power of the national government to potentially curtail slavery in the southern states was almost nonexistent. So there was no paranoia about the balance of free and slave states, especially since Slavery was being established in Kentucky and Tennessee, it was also obvious that the remainder of the south would be allowed to adopt that practice without issue.

So with that being said, the main crop that most plantations was growing at that time was tobacco. This crop could only be grown with a profit was with the assistance of slave labor. With the outlawing of slave labor in the Midwest, the southern planters protected themselves from economic competition.

And, even though Thomas Jefferson lived in luxury with the aid of slave labor, He wanted to stop the spread of slavery, and he worked very hard to keep it out of the Northwest Territory.

Unfortunately, there were somethings wrong with the Articles that really caused problems for this newly formed government. The Articles of the confederation placed sovereign power in the hands of the states. As stated before in Article II, which reads: “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.”

Having to deal with the British Monarchy for so many years, the American colonies did not want to create a national government to control them. The Founding Fathers understood this concern about a strong national government, so the Americans choose to put their faith in their individual colony, and constructed a government based on powerful state governments.

Now because there was no impactful central national government, this revealed three limitations: 1) Economic disorganization , 2) Lack of central leadership , and 3) Legislative inefficiencies.

In regards to the Economic disorganization, Congress had no ability to negotiate trade agreements with foreign countries. It was only able to regulate trade and commerce with Native American tribes, and only if it did not impair any individual state’s ability to monitor its own trade. Then to add more confusion, the trade with foreign countries, states did their own negotiation and this proved difficult because each state had their own priorities.

There was no singular form of currency. It appears that everyone from the National Government and the states was able to print money. So this made it very difficult in trading and paying for goods between states and with foreign countries.

Then there is the big economic hurdle they had with the lack of the ability to raise tax revenue. States where the only entity that could generate taxes. This meant that the National Government had to request funds from the states. And it was up to the legislature in the States to decide what to send and when they did, it was usually sent later than they needed it. So there where many financial shortfalls.

Then there was the lack of central leadership. The Articles limited the authority of the National Government because it didn't want any entity more powerful than the states. And in doing this handicapped themselves in having a responsive government.

There was no independent judiciary for the national government. The only judicial system resided with the authority within the states. If there was anythings that the states found objectionable, they could overturn the national actions. With this, Congress had no means to enforce its laws, the states could simply ignore national laws without fear of retaliation. Since there was no national judiciary system, individuals or states could not sue or file complaints against the national government. The states could always ignore anything they disagreed with, but if a citizen had a grievance with the national government there was no system in place to hear the lawsuit.

And since there was no official head of state, primarily because the colonist didn't want a all powerful head with the power of a King. This made is difficult to deal with foreign governments. Many foreign governments, including Great Britain didn't have a individual to call in order to initiate matters of diplomacy. This was a disadvantage for the new American government.

And this also meant, that if there was a conflict with any other nation. The national government could not gather its own military force. They could only rely on the militia which resided in the states. Without the aid of a unified military, Congress was incapable of fighting back and protecting America’s sovereignty.

Then finally there is the legislative inefficiencies. No matter the population of the state, each one had only one vote. This proves to be very difficult in passing laws. And when it came to amending the constitution, It required not only the congress to agree to the amendment, it also needed the states to agree to pass it as well.

The Articles of Confederation became increasingly ineffective at governing the growing American states, because of the lack of a strong, central government. Since there was not procedure to fix these problems, the articles was scraped and they began the process of crafting a entirely new governing document. This opened the door to the crafting the New Unites States Constitution.

Before we begin going over this new constitution. We first need to review what is called the the Federalist Papers, which was a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788.

According to the Library of Congress, The Federalist Papers were written and published to urge New Yorkers to ratify the proposed United States Constitution, which was drafted in Philadelphia in the summer of 1787. In lobbying for adoption of the Constitution over the existing Articles of Confederation, the essays explain particular provisions of the Constitution in detail. For this reason, and because Hamilton and Madison were each members of the Constitutional Convention, the Federalist Papers are often used today to help interpret the intentions of those drafting the Constitution, and by reading these papers, it will help us in understanding this Constitution.

Next Up, The Federalist Papers.