The Articles of Confederation

“The said United Colonies hereby severally enter into a firm League of Friendship with each other, binding on themselves and their Posterity, for their common Defence against their Enemies, the Security of their Liberties and Properties, the Safety of their Persons and Families, and their mutual and general welfare.”

This excerpt illustrates the new relationships between colonies as part of a unified entity. Each one would be responsible for helping to ensure the defense, security, and safety of the other, making it so that any threat to one colony is a threat to all colonies. Fundamentally, it is a statement of alliance meant to show that the nascent United States will stand together against England in Revolutionary War and in fighting for independence. This “firm League of Friendship” adds military and political legitimacy to the new nation, which will be helpful in securing treaties with other countries in their fight against England.

“That each Colony shall enjoy and retain as much as it may think fit of its own present Laws, Customs, Rights, Privileges, and peculiar Jurisdictions within its own Limits.” 

In Article III, Franklin iterates that significant power would remain vested in individual colonies. This excerpt highlights that the standards for laws, rights, and other elements of daily life in each one will remain in effect even if these articles are ratified by the Continental Congress. The colonies would have final say over all legal edicts within their respective territories, even though they are also coming together to form a unified government.

“Only where particular Circumstances do not make a Deviation necessary, it is understood to be a Rule, that each succeeding Congress be held in a different Colony till the whole Number be gone through, and so in perpetual Rotation; and that accordingly the next Congress after the present shall be held at Annapolis in Maryland.” 

This idea for where Congress would be hosted was clearly one that did not make it into the United States Constitution, but Franklin intended for it to be a fair way for showing the equal standing of each colony in the new government. By holding Congress in rotating locations, no centralized capital is created, and each colony is valued as equally important within the new union. Likewise, each delegate would travel the same distance over time in going to different colonies for Congress meetings.

“That the Power and Duty of the Congress shall extend to the Determining on War and Peace, to sending out and receiving Ambassadors, and entering into Alliances, the Reconciliation with Great Britain; the Settling all Disputes and Differences between the Colony and Colony about Limits or any other cause if such should arise; and the Planting of new Colonies when proper.” 

Article V outlines the powers held by the new Congress. Most of these powers deal with foreign relations, which is central to Franklin’s belief that a unified government will help the United Colonies to build relationships with other nations and garner support for their cause against England. This excerpt also highlights Congress’ function as arbiter of issues that arise between colonies, which is one of the few powers it wields over them.

“All Charges of War, and all other general Expenses to be incurred for the common Welfare, shall be defrayed out of a common Treasury, which is to be supplied by each Colony in proportion to its Number of Male Polls between 16 and 60 Years of Age; the Taxes for paying that proportion are to be laid and levied by the Laws of each Colony.”

Article VI is important for two reasons. First, Franklin explains the system for taxation that would fund the new government, leaving much of the power for determining how they would be collected to the colonies. However, it also sets out the foundation of a shared treasury from which United Colonies can draw. Second, it also includes the qualifications for citizenship, which, in this case is a man between 16 and 60 years old.

“The Number of Delegate is to be elected and sent to the Congress by each Colony, shall be regulated from time to time by the Number of such Polls returned, so that one Delegate be allowed for every [5,000] Polls.” 

Franklin’s Articles of Confederation do not specify the same rules for elections that are seen in American life today. He leaves regulations up to each colony for the election of their delegates to Congress, but his ideas about proportional representation form the foundation of how Congressional members will remain in the minds of his peers when writing and ratifying the Constitution. It also once again determines representation on the number of men in each colony, as they are the ones considered “citizens.”

“An executive Council shall be appointed by the Congress out of their own Body, consisting of 12 persons…”

Franklin’s consideration of executive power is radically different from what we see in the United States today, and it provides evidence of how skeptical the founding fathers were of having a centralized head of state. Instead, Congress has total power over who serves on the executive council and members of it do not form a separate entity; rather they are members of Congress themselves. There is no one head of state who can issue executive orders.

“This Council in the Recess of the Congress is to execute what shall have been enjoined thereby; to manage the general Business and Interests to receive Application from foreign Countries; to prepare Matters for the Consideration of the Congress; to fil up (pro tempore) continental Offices that fall vacant; and to draw on the General Treasurer for such Monies as may be necessary for general Services, and appropriated by the Congress to such Services.”

Franklin designed his executive council to carry out congressional wishes without making separate political policy instead of setting their own. In structuring the government this way, Franklin continues to vest power in Congress over a singular executive, preventing the same corruption that he and other founding fathers perceive in Britain through its monarchical system. Instead, he has designed it so that Congress makes decisions, and a body of its own members follows through on them when the legislative body is in recess.

“No Colony shall engage in an offensive War with any Nation of Indians without the Consent of the Congress, or great Council above-mentioned, who are first to consider the Justice and Necessity of such War.” 

In his document, Franklin promotes peace with indigenous populations. He builds this idea into the new government structure by requiring that colonies wishing to engage in military conflict with indigenous peoples go through Congress first. This fact is significant because of the colonists’ history of violence and disease when it comes to Native Americans. Instead, Franklin here promotes peace.

“A perpetual Alliance offensive and defensive, is to be entered into as soon as may be with the Six Nations; their Limits to be secured to them; their Land not to be encroached on, nor any private Purchases made of them hereafter to be held good; nor any Contract for Lands to be made but between the Great Council of the Indians at Onondaga and the General Congress. The Boundaries and Lands of all the other Indians shall also be ascertained and secured to them in the same manner.”

In Article XI, Franklin formally wishes to recognize the sovereignty of the Haudenosaunee tribe by emphasizing the boundaries of their land. This approach is a stark contrast to the violence carried out by colonists in their encounters with indigenous populations and their view of native populations as “savages.” Rather, Franklin tries to respect their rights to their land and prevent American infringement upon it. To him, it is a benefit to have a treaty in place with the Six Nations.

“As all new Institutions may have Imperfections which only Time and Experience can discover, it is agreed, that the General Congress from time to time shall propose such Amendment of this Constitution as may be found necessary.” 

Recognizing the limits of his own experience, Franklin includes a clause detailing how the Articles of Confederation can be amended. This excerpt is significant in that it requires only a simple majority of delegates to make such changes rather than the two-thirds majority that the Congress today requires to amend the Constitution. This clause also reflects the flexibility of the document and the ability for the new nation to make changes should they agree to ratify these articles and then decide that alterations to the new government need to be made.

“Any and every Colony from Great Britain upon the Continent of North America not at present engaged in our Association may upon be received into this Confederation.”

At this time, England has colonies in what is now Canada, Bermuda, and Florida, and Franklin wished to open up the United Colonies of North America for them to join. Franklin focuses on British colonies in particular, even as Spain still held territory in what is now the southern United States. This fact is also significant in looking back to see that, save for Florida, none of these colonies joined with what is now the United States, even though it seemed that at least one of the founding fathers was open to further expansion.

“These Articles shall be proposed to the Several Provincial Conventions or Assemblies, to be by them considered, and if approved they are advised to empower their Delegates to agree to and ratify the same in the ensuing Congress.”

Franklin lays out the steps to ratification for his document, even though he does not call for a vote in the Continental Congress. He builds it so that the idea of popular sovereignty—that is, that consent to govern comes from the people—is “proposed to the Several Provincial Conventions or Assemblies.” While these do not call for a direct vote of the people, it still wishes to include a wider audience in the decision about the Articles.