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The Original Confederacy

The Original Confederacy

The original governing document after the British colonies seceded from England was titled the Articles of Confederation, adopted on November 15, 1777, but not formally ratified by all thirteen States until March, 1781. Hence, the original American government was “Confederated,” the people (and their military arm) referred to as “Confederates,” and the flag they flew was a Confederate flag.

Interestingly, many of the Revolutionary leaders who formed this confederated government were not advocates of what they then knew as “democracy,” and they were unwilling to accept the idea that the Articles of Confederation were an expression of any eighteenth century democratic philosophy.

These leaders and creators of the Articles created a “separation of powers” which is often equated with today’s view of democracy and liberty. To James Madison and John Adams the purpose of such an instrument was to give both men of property and those without a voice in government as well as a check upon one another. Their fear was, that without this check, society could not prevent the exploitation which would probably ensue if either one got control of the government.

Also, the Articles were considered to be the constitutional expression of the philosophy of Jefferson’s Declaration of Independence, and what was considered to be “democracy” was written into the revolutionary State constitutions regarding legislative supremacy, governors and the judiciary subservient to legislatures, and churches losing their past privileges.

John Adams wrote in 1817 of those romanticizing the Revolution and forgetting the mighty political battles that took place then and afterward. “There is,” he wrote, “an overweening fondness for representing this country as the scene of liberty, equality, fraternity, union, harmony and benevolence. But let not your sons or mine deceive themselves. This country, like all others, has been a theater of parties and feuds for near two hundred years.”

That Revolutionary generation of English colonists had experienced the rule of the Mother Country for all their lives, and the newspapers of 1775-76 were rife with essays distrusting office-holders, insisting on annual elections, rotation in office and constitutional restrictions on holding political office. Americans of that time were lectured upon that men in power naturally lusted for more power and that restraints were needed on officeholders lest the peoples’ liberties be put in danger.

In 1787’s convention Edmund Randolph pointed out that the authors of the Articles of Confederation were wise and great men, but that “human rights were the chief knowledge of the time.” He followed this by stating that our chief danger arises from the democratic parts of our constitutions . . . that the powers of government exercised by the people swallows up the other branches . . . [and that none] of the [State] constitutions have provided sufficient checks against the democracy.”

As the governing document, or “constitution” of the United States from 1781 to 1789, the Articles simply dissolved (though deemed “perpetual” when ratified) in the latter year as 11 States then bound to it voluntarily seceded and formed a more perfect union – but initially without Rhode Island and North Carolina whose people were suspicious of the new constitution’s grant of additional power to the central government in Washington.

After those two States withdrew from the Articles and joined the other eleven, this new Constitution passed through serious ruptures such as New England’s threats of secession in 1814 and serious tariff crises, until finally collapsing in war between North and South in 1861.”

Bernhard Thuersam

The Revolution of 1787 Ends the Founders Union

Several attempts were made to revise or replace the original founding document, the Articles of Confederation, after their ratification in 1781. By the fall of 1786, a majority of Congress thought an amendment necessary to grant Congress the power to regulate trade, though members warned that a proposed constitutional convention might grant unlimited powers to a national government, and that such a convention would be dangerous to the liberties of the people. Two of New York’s three delegates to the convention were selected because of their opposition to any fundamental reform of the Articles; Virginia included in its delegation Richard Henry Lee (father of Robert E. Lee) and Patrick Henry, both of whom were outspoken opponents of centralized political power.  The nine States (of 13) that ratified the new Constitution seceded from the Articles of Confederation.

Bernhard Thuersam, www.Circa1865.com

 

The Revolution of 1787 Ends the Founders’ Union

“In proposing a second constitutional convention, [Elbridge] Gerry, [George] Mason and [Edmund] Randolph embraced the revolutionary decision of the convention to bypass the amendment procedures of the Article of Confederation. The convention delegates merely asked the members of the Confederation Congress to forward the Constitution to the States with a recommendation that the State legislatures call special conventions to assent to and ratify the Constitution. As soon as nine States had ratified the Constitution it would become operable among those [nine] States.

Gerry, Mason and Randolph accepted the basic outlines of that plan but wanted to allow the States to propose amendments to “be submitted to and finally decided on by another general convention” before the Constitution would finally become the law of the land [in nine States].

Under both proposals the Confederation Congress was being asked to act as an agent in its own destruction and the State legislatures, hitherto bastions of hostility to centralized power, to vest State conventions with the authority to adopt a new form of government that materially restricted their own powers.

Despite the enormity of these requests there was a considerable likelihood they would be approved . . . In addition, the membership of the [constitutional] convention and Congress overlapped significantly. Richard Henry Lee complained that this overlap was so great that “it is easy to see that Congress could have little opinion [of its own] upon the subject.”

Finally, the Federalists, as the proponents of the new Constitution chose to call themselves, seized the initiative. They had a concrete proposal and a clear-cut plan of action. The revolution of 1787 was well underway.

(The Politics of Opposition, Antifederalists and the Acceptance of the Constitution, Stephen R. Boyd, KTO Press, 1979, excerpt, pg. 15)

The Universal Principles of Free Societies

The framers of the Articles of Confederation, our first constitution, had no intention of re-creating in America a form of centralized government like that they were fighting to overthrow. There is no doubt that they believed in the independence and equality of the State legislatures, which were close to the people represented. The framers of the subsequent Constitution were of the same mind, and the creation of the Bill of Rights underscored their fear of centralized government – and the Tenth Amendment was inserted for a reason. That amendment in execution is as simple as its words: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The destruction of Southern governments between 1861-65 was simply the overthrow of the latter Constitution by illegal usurpations by Lincoln; in supporting those usurpations, the Northern States lost their freedom and independence as well.

Bernhard Thuersam, www.Circa1865.com

 

The Universal Principle of Free Societies

“States’ rights? You can’t be serious! What do you want to do – restore Jim Crow or bring back slavery?” Any serious discussion of the American republic comes aground on this rock, and it does not matter which kind of liberal is expressing the obligatory shock and dismay . . . looking for ways to pander and slander his way, if not to fame and fortune, then at least to expense account lunches and regular appearances on C-SPAN.

Even out here on the frontier, every hicktown mayor and two-bit caporegime knows how to scream racism whenever the rubes get in the way of some vast public works project that promises an endless supply of lovely tax boodle.

In my wild youth – a period which, for Republicans, only ends in the mid-40s – I used to make historical and constitutional arguments to show the agreement with Adams and Jefferson on the limited powers of the national government. I would cite the opinion of Northern Jeffersonians and point to the example of Yankee Federalists who plotted secession (in the midst of war) at the Hartford Convention of 1814, but the argument always came back to race.

No one in American history ever did anything, apparently, without intending to dominate and degrade women, Indians and homosexuals. This reducto ad KKK is not confined to the political left; it is practiced shamelessly by right-to-lifers who equate Roe vs Wade with Dred Scott and by most of the disciples of one or another of the German gurus who tried to redefine the American conservative mind.

States’ rights, home rule, private schools, and freedom of association are all codewords for racism, and when someone aspiring to public office is discovered to be a member of a restricted or quasi-restricted country club, instead of telling the press to mind their own business, he denounces himself for right-wing deviationism, fascism, and ethnic terrorism.

He resigns immediately – thus insulting all his friends in the club who are now de facto bigots – and begs forgiveness. So long as a group is “Southern” or “Anglo” or “hetero” or even exclusively Christian, it is a target, and then the inevitable attack does come, many of the members run for cover, eager to be the first to find safety by denouncing their former allies.

The great mistake the right has made, all these years, is to go on the defensive. The federal principle that is illustrated by the traditional American insistence upon the rights of the States is not only ancient and honorable: It is, in fact, a universal principle of free societies and an expression of the most basic needs of our human nature.

To defend, for example, the Tenth Amendment is a futile gesture if we do not at the same time challenge leftists to justify the monopolization of power by a tiny oligarchy. Under “leftist” I include, in very crude terms, anyone who supports the New Deal, the welfare state, and the usurped powers of the federal courts. It is they who, as lackeys of a regime that has deprived families and communities of their responsibilities and liberties, should be in the dock explaining their record as wreckers of society and destroyers of civilization.”

(The Great American Purge, Thomas Fleming, Chronicles, April 1999, excerpts, pp. 10-11)

 

Judicial Overthrow of State Governments

The framers of our second constitution in 1787, as they did in their previous Articles of Confederation, clearly intended to protect their States, and their citizens, from an oppressive central government like the one they had just freed themselves from. And in no way would they have wanted a federal agent intruding into State domains and forced compliance with regulations formulated by distant bureaucrats. With an all-powerful federal bureaucracy emerging victorious in 1865, no State – North or South – could dare challenge the federal interpretation of the Constitution or what passed for federal law.

Bernhard Thuersam, www.Circ a1865.com

 

Judicial Overthrow of State Governments

“Two hundred and eight years ago, when the Tenth Amendment to the United States Constitution was ratified, there was general agreement with its text: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Two hundred and eight years ago, Americans thought of themselves as citizens of their States first, and only secondarily as citizens of a national federation. Now it is unclear that most Americans are aware of the Tenth Amendment, let alone the principle that the federal government is supposed to be one of limited and enumerated powers.

How did we come to this pass? Is there any hope that the federal courts will once again read the Constitution and, at least to the extent implied by that document, resurrect something of the doctrine of States’ rights? [Even] Washington, Hamilton and Madison would have been astonished at present-day incursions of the central government and its courts.

Passed after the Civil War, the 14th Amendment was originally designed to allow newly freed blacks to own property and to make contracts. But it became a tool, in the hands of mid-20th century federal courts, to impose a centralized, secularized and egalitarian social system on the entire nation.

Federal judges began to read the 14th Amendment provisions that no State should be permitted to deprive any person of the “equal protection of the laws” nor to deprive any person of life, liberty, or property without “due process” as a license to turn the restrictions of the Bill of Rights against the States and to set up strict rules about which State policies were permissible and which were not.

With the scantiest evidence, and in the face of overwhelming data to the contrary, the Supreme Court declared that the 14th Amendment was designed to “incorporate” at least some, and perhaps all, of the protections of the Bill of Rights against State governments.

There is no doubt that the Bill of Rights, the first ten amendments to the Constitution, had been drafted in the late 18th century in order to reassure the proponents of strong State governments that the federal government would not infringe on the sovereignty of the States or their people. Without even acknowledging the usurpation, the federal courts turned the Bill of Rights into a tool to reduce radically the discretion of the State governments.

The First Amendment clearly provides, for example, that “Congress shall make no law abridging freedom of speech . . . or regarding an establishment of religion,” but the congressional prohibition was soon read – blatantly contrary to the intention of the frames of the Bill of Rights, if not the framers of the 14th Amendment itself – to extend to State legislatures and officials as well.

It may be too late to save State sovereignty and the original intention of the Constitution. A slew of bold supreme Court appointments by a conservative Republican president might help, but so far only Justices Thomas and Scalia, and occasionally Justice Rehnquist, have acknowledged that the Court has been operating for one or two generations in clearly unconstitutional territory.”

(Sisyphus and States’ Rights, Stephen B. Presser; Chronicles, April 1999, excerpt, pg. 13-14)

 

Jun 19, 2016 - Articles of Confederation, The United States Constitution    Comments Off on Very Clear Instructions, Difficult to Misunderstand

Very Clear Instructions, Difficult to Misunderstand

The invitation to appoint delegates to the Constitutional Convention in 1787 was specific in mentioning only revisions to the existing Articles of Confederation that governed the United States. The delegates from New York, Yates and Lansing, returned to their State and reported to Governor Clinton that some in the Convention wished to abolish the Articles and adopt a new document, something they were not sent there to accomplish.

Bernhard Thuersam, www.Circa1865.com

 

Very Clear Instructions, Difficult to Misunderstand

“Office of the Secretary of Congress

February 21st, 1787

(Circular)

Sir, I have the honor to transmit to your Excellency herewith enclosed an Act of the United States in Congress Assembled, and am, With great respect, Your Excellency’s Most Obedient and Most Humble Servant,

Chas. Thomson

Resolves of Congress (From Executive Letter Book)

“Whereas, there is provision in the Articles of Confederation and perpetual Union for making alterations therein by the assent of a Congress of the United States and of the Legislature of the several States;

And Whereas, experience hath evinced that there are defects in the present Confederation, as a means to Remedy which several of the States, and particular the State of New York, by Express Instructions to their Delegates in Congress have suggested a Convention for the purposes expressed in the following Resolution, and such Convention appearing to be the most probable means of establishing in these States a firm National Government.

Resolved, That in the opinion of Congress, it is expedient that on the second Monday in May next a Convention of Delegates who shall have been appointed by the several States, be held in Philadelphia, for the sole and express purpose of revising the Articles of Confederation and Reporting to Congress and the several Legislatures such alterations and provisions therein, as shall when Agreed to in Congress and Confirmed by the States under the Federal Constitution, be adequate to the Exigencies of Government and the preservation of the Union.

Chas. Thomson”