duly authorized to sign the agreement, which they did on May 19/29, 1643. It was therefore allowed that the articles and agreements of "this perpetuall Confederation" should be submitted to the good people of Plymouth, and That, if Plimoth consente, then the whole treaty as it stands in these present articls is, and shall continue, firme & stable without alteration. But if Plimoth come not in, yet ye other three confederats doe by these presents confeirme ye whole confederation, and ye articles therof.1 The General Court of Plymouth authorized its commissioners to ratify and confirm the articles August 29/September 7, 1643, which they did at Boston, at which time and place the other commissioners subscribed the Articles of Union on behalf of their respective colonies. The Mayflower Compact of November 11/21, 1620, had set forth the` American conception of the State as the agent of the people creating it, and here in this little confederation of four straggling colonies, there lies hidden the germ of a greater Union, in which the members should be States, not provinces, determining their internal affairs, and be represented by two commissioners, chosen by each of them upon a footing of equality in a larger council. It is not meant, of course, that this larger union was the outgrowth of the smaller, but merely that the spirit which produced this greater union was already in evidence in the New World.2 66 Scheam" The idea of union dwelt in the mind of William Penn. Peace with Penn William Penn's was a passion. In 1693 he published his well known essay Toward the Present and Future Peace of Europe, proposing the establishment of an European diet, parliament or estates, moved thereto, as he says, by the project of Henry IV; and it is interesting to note, in passing, that Penn's larger project is still before the world, for it is today the basis of projects of leaders of thought on both sides of the Atlantic. It can well be imagined, therefore, that, as the proprietor and founder of the Commonwealth which bears his name, he had a special interest that it should dwell in peace, as well as a general desire that the plantations, which already had within them the possibilities of statehood, should dwell in peace and harmony. Therefore, four years after 1 William Bradford, History of Plymouth Plantation, Collections of the Massachusetts Historical Society, 1856, 4th Series, Vol. III, p. 422. 2 Of the Confederation, embracing four colonies, thirty-nine towns with a population of 24,000 souls, a well informed and just historian has said: "A great principle was at the bottom of the confederation; but, noble as were the aims of those who handled it, they had not yet attained to sufficient breadth of view to apply it even to the whole of New England." Richard Frothingham, The Rise of the Republic of the United States, 1872, p. 43. The importance of the Union of the struggling colonies as a precedent was however not lost on the British chronicler, Chalmers, who said, properly enough, that it "offers the first example of collition in colonial story and showed to party leaders in after times the advantages of concert." George Chalmers, Political Annals of the Present United Colonies from their Settlement to the Peace of 1763 (1780), p. 177. his international proposal, he suggested a colonial plan of union, entitling his plan: A Briefe and Plaine Scheam how the English Colonies in the North parts of America Viz: Boston Connecticut Road Island New York New Jersey, Pensilvania, Maryland, Virginia and Carolina may be made more usefull to the Crowne, and one anothers peace and safty with an universall concurrance. The colonies were to meet by their stated and appointed deputies once a year, and oftener if need be, during the war which then raged in Europe and involved the American colonies as at this writing it does the American States, and in times of peace at least once in two years, " to debate and resolve of such measures as are most adviseable for their better understanding, and the publick tranquility and safety;" that each colony was to be represented by two persons, as Penn was careful to point out, "well qualified for sence sobriety and substance." These were to compose the Congress, as the assembly was to be called, of twenty persons, to be under the presidency of the King's Commissioner who was to be in this case the Governor of the colony of New York, as, according to the plan, the Congress was to meet "near the Center of the Colonies;" and in time of war the King's Commissioner was to be commander of the colonial quotas. In the sixth article the gist of the plan is given, and of the activities of the deputies it is said: That their business shall be to hear and adjust all matters of Complaint or differences between Province and Province, As 1st where persons quit their own Province and goe to another, that they may avoid their just debts tho they be able to pay them, 2d where offenders fly Justice, or Justice cannot well be had upon such offenders in the Provinces that entertaine them, 3dly to prevent or cure injuries in point of commerce, 4th, to consider of ways and means to support the union and safety of these Provinces against. the publick enemies. In which Congresse the Quotas of men and charges will be much Easier, and more equally sett, then it is possible for any establishment made here [in England] to do; for the Provinces, knowing their own condition and one anothers, can debate that matter with more freedome and satisfaction and better adjust and ballance their affairs in all respects for their common safty.1 In this plan we have a forerunner of the Continental Congress, for it is to embrace all English colonies in the "North parts of America." Congress it is called, and it is provided with a presiding officer. With unerring instinct Penn laid his finger, in this first of federal projects for the English-speaking colonies of the continent, on what was in fact the object of the American .revolution, the better government of themselves and the safeguarding of their interests by the colonials in America, rather than by 1 William Penn's Plans for a Union of the Colonies, 8th February, 1696-97, The Pennsylvania Magazine of History and Biography, Vol. xi, 1887, p. 496. the English in England. Here again it will be observed that each colony, The next proposal which can be said to have had an important influence upon the destinies of the colonies was made in 1753 by Great Britain, which viewed with alarm and apprehension the encroachments of France in America, and which therefore directed the Governors of the American colonies to appoint delegates to a Congress which was to meet at a time and a place to be fixed by the Governor of New York, in order to treat with the Six Nations of Indians of that colony, to secure their alliance in case of war with France and to concert measures against that power. This body, called the Albany Congress from the name of the place in which it assembled, was composed of delegates from seven colonies and met on June 19, 1754. There were present four delegates from New Hampshire, five from Massachusetts, two from Rhode Island, three from Connecticut, five from New York, four from Pennsylvania, and two from Maryland. There was, from the opening of the Congress, a strong sentiment in favor of a union of the Colonies, which on the 24th was unanimously declared "at present absolutely necessary for their security and defence." A committee of one from each of the seven colonies present was appointed to prepare a plan of union. On July 9th, Dr. Franklin, who represented Pennsylvania, was Benjamin Frank"desired to make a draught of it." 2 On the following day a draft of Union, largely drawn by him, was presented and adopted, and on July 11, 1754, the Congress adjourned. By the "Albany" or "Dr. Franklin's" plan of union (it is known by either name), the Union was to consist of all the British colonies in North America, with the exception of Georgia, which had been but recently founded, of Delaware, which was not yet independent of Pennsylvania, and of Vermont, which was not yet a distinct colony. The purpose of the Union was stated to be" for their mutual Defence and Security, and for extending the British Settlements in North America." The method by which the union was to be effected is thus set forth: 1 Documents Relative to the Colonial History of the State of New York, J. R. Brodhead ed., 1855, Vol. vi, p. 859. 2 Ibid., p. 885. lin's Plan That humble application be made for an Act of the Parliament of Great Brittain, by virtue of which, one General Govern may be formed in America, including all the said Colonies, within, and under which Govern' each Colony may retain each present constitution, except in the particulars wherein a change may be directed by the said Act, as hereafter follows.1 The government of the union was to consist of a President-General, appointed by the Crown, and a Grand Council, chosen by the representatives of the people of the several colonies. The members of the Grand Council were to be appointed by the House of Representatives of each of the colonies, but not upon a footing of equality, the larger colonies having a larger representation, as Franklin says in his interesting commentary, "in some degree according to the proportion it contributed to the general treasury." 2 Fortyeight in all were to be chosen, of which the then largest colonies, Massachusetts Bay and Virginia, were to have seven, and the smallest, New Hampshire and Rhode Island, two each, the members of the council meeting for the first time in the city of Philadelphia upon the call of the President-General. The members thus selected were to sit for a period of three years, the number of delegates allowed each colony was to be revised after the first three years of the union, and "from time to time, in all ensuing elections," to be based upon “the proportion of money arising out of each colony to the general treasury." The council thus composed was to meet yearly, and oftener if required, at such time and at such place as agreed to before adjournment, or in case of emergency, as was to be determined by the President-General upon the written consent of seven members of the council “with due and timely notice to the whole." The council itself was to choose its speaker, and it was neither to be dissolved nor prorogued, nor to sit longer than six weeks at any one time, without their own consent "or the special command of the crown." The members were to be allowed ten shillings per diem during their session and journey to and from the place of meeting, and twenty miles were to be reckoned a day's journey. The assent of the President-General was necessary to all acts of the Council which he should execute and he was authorized, in words which suggest the language of that greater instrument in whose framing the author of the Albany plan subsequently took part, " with the advice of the Grand Council" to make treaties with the Indians and also to declare peace or war with Indian nations. The President and Council were to regulate trade with the Indians, to act for the Crown, which henceforth was to be the sole purchaser of lands from the Indians, to grant settlements "till the crown shall think fit to form them into particular governments." The President and Council were likewise to raise 1 Documents Relative to the Colonial History of New York, Vol. vi, p. 889. 2 A. H. Smyth, The Writings of Benjamin Franklin (New York, the Macmillan Company, 1907), Vol. iii, p. 212. See also Jared Sparks, The Works of Benjamin Franklin, Vol. iii, P. 41. soldiers and build forts, to equip vessels for their defense and the protection of their trade, but not to "impress men in any colony, without the consent of the legislature." For these purposes the President-General and the Council were empowered "to make laws, and lay and levy such general duties, imposts, or taxes, as to them shall appear most equal and just (considering the ability and other circumstances of the inhabitants in the several colonies), and such as may be collected with the least inconvenience to the people; rather discouraging luxury, than loading industry with unnecessary burthens." Provision was made for the appointment of a general and a particular treasurer when necessary, with the proviso that no money was to be paid out except "by joint orders of the President-General and Grand Council" and in pursuance of law, and that accounts were to be yearly settled and reported to the assemblies of the different colonies. The quorum for the Grand Council was fixed at twenty-five members, provided there be a representative from the majority of the colonies. The President-General and the Grand Council were a law-making body, and the article on this important head reads: That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force.1 In case of the death of the President-General the speaker of the Grand Council was to act" till the King's pleasure be known." The provision concerning the officers is interesting, as this in one respect suggests the device of a later plan of union, in that all military and naval officers "to act under this general constitution" were to be nominated by the President-General with the approval of the Grand Council. But civilian officers were themselves to be nominated by the Council and to receive the President-General's approbation before entering upon the performance of their duties. It was foreseen that vacancies would occur either by death or removal of the military and civil officers appointed under this Constitution, and it was therefore provided that the Governor of the province should appoint others in their place " until the pleasure of the President-General and Grand Council can be known." Here again there is a suggestion of appointments to be made subject to the confirmation of the grand council known as the Senate of the United States. The plan ended with a very important provision, safeguarding the colonies against usurpation on the part of the proposed government, for the military and civil establishments in each colony were to remain "in their present state, the general constitution notwithstanding," and a right was expressly granted to 1 Smyth, ibid., p. 223; Sparks, Vol. iii, p. 52. |