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y once more on october 30 th 1777 to debate and revise the articles of confederation with secretary charles thomson presiding the articles would not be finalized however until a new president of the continental congress was elected to the presiding office on october 31 st 1777 secretary thomson turned to other business and presented congress with general horatio gates official notification of the saratoga convention the continental congress journals report a letter of the 18 october from general gates with the copy of the convention at saratoga whereby general burgoyne surrenders himself and his whole army and another of the 20th enclosing the copy of a letter from him to major general john vaughan were read 11 the spirit of the delegates soared as the thorough defeat of general burgoyne was far more than anyone anticipated the following day to henry laurens astonishment the chair nominated him to be the president of the continental congress the vote was taken and with unanimous approval he was elected the fourth president of a very festive continental congress henry laurens first official act as the president was to preside and vote for a day of thanksgiving and to adore the superintending providence of almighty god in his first letter to the 13 states president laurens declared dear sir the arms of the united states of america having been blessed in the present campaign with remarkable success congress have resolved to recommend that one day thursday the 18th december next be set apart to be observed by all inhabitants throughout these states for a general thanksgiving to almighty god and i have it in command to transmit to you the inclosed extract from the minutes of congress for that purpose 12 november 1 1777 thanksgiving proclamation library of congress rare book and special collections division 13 henry laurens did not reconvene the continental congress until november 4 th when they officially thanked general horatio gates 14 and his army for their defense against burgoyne s invasion as well as various other officers and units for their defense of the delaware after another recess congress reconvened on november 7 th to reorganize the board of war and agreed to resume debate to finalize the articles of confederation the constitutional deliberations resumed on the 10 th with the delegates working until the morning of november 15 th 1777 concluding the session with the passage of the articles of confederation under this new constitution the continental congress would cease to exist and a new body the united states in congress assembled usca would become the federal government of a 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 15 the articles constituted a feeble constitution a confederation of sovereign states that formed a not quite perpetual union based on mutual respect and a central government with no taxing power the federal government also had no power to regulate trade between the states the national government would have to ask the states for money to wage war establish federal departments hire employees maintain a judicial system and carry out the host of laws congress passed to govern the new united states of america the states were expected in a most gentlemanly fashion to comply with all constitutional requests bequeathing the federal government with money and land to fund its national endeavors the legislative executive and judicial systems were all entrusted to one body the united states in congress assembled each state had only one vote despite its population or its size all equal in the eyes of god presidents served only one year and congress rotated candidacy between north and south the presidents and commander in chief accepted only expenses for their services it was a furtive commune where all members pledged secrecy and service for god and the people of their respective states that were freely united and desperately seeking peace in summary the first constitution s articles i establish the name of the nation as the united states of america ii state that each state retains its sovereignty freedom and independence and every power jurisdiction and right which is not by this confederation expressly delegated to the new federal government called the united states in congress assembled usca 16 iii establish the sovereign states as one sovereign nation 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 iv establish the freedom of citizens to pass freely between states excluding paupers vagabonds and fugitives from justice all the people were also entitled to the rights established by the state into which they traveled if a crime were committed in one state and the perpetrator to flee to another state the citizen would be extradited to and tried in the state in which the crime had been committed v equality was established in the united states in congress assembled with only one vote to each state regardless of size but delegations might have from two to seven members members of the usca were elected or appointed by state legislatures and could serve no more than three out of any six years 17 vi only the usca was permitted to conduct foreign relations and to declare war no states were permitted to have navies or standing armies or engage in war without permission of usca state militias were encouraged vii when an army was raised for common defense colonels and military ranks below colonel were to be named by the state legislatures viii expenditures by the usca were paid by funds raised by state legislatures and apportioned based on the real property values of each ix the ninth article defined the powers of the central government a usca sends and receives ambassadors b usca enters 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 c usca establishes the 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 d usca grants letters of marque diplomacy and reprisal in times of peace e usca appoints courts for the trial of piracies and felonies committed on the high seas and establishes 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 f usca fixes the standards of weights and measures throughout the united states g usca regulates the trade and management of all affairs with 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 h usca establishes or regulates post offices from one state to another throughout all the united states they also exact postage on the papers passing through the post office to defray the expenses of the bureau i usca appoints all officers of the land forces in the service of the united states excepting regimental officers j usca appoints all the officers of the naval forces and commissions all officers whatever in the service of the united states k usca makes rules for the government and regulation of the said land and naval forces and direction of their operations l usca serves as a final court for disputes between states m usca defines a committee of the states to be a government when congress is not in session n usca elects one of their members 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 x the committee of the states or any nine of them shall be authorized to execute in the recess of usca such of the powers of the usca the president of the usca is to chair the committee of the states xi nine states required to approve the admission of a new state into the confederacy pre approves canada should it apply for membership xii reaffirms that the confederation accepts war debt incurred by the continental congress before the articles xiii declares that the articles of confederation are perpetual and can only be altered by approval of congress with ratification by all the state legislatures 18 the continental congress after 16 months of debate and deliberations forged the united states constitution of 1777 creating one nation empowered to govern but with one caveat all 13 states were required to ratify the constitution before it would officially take effect us constitution day at loyola university new orleans september 17 2014 the 1777 maryland plan even before the articles of confederation were passed by the u s continental congress proposed that the usca would have the sole right and power over the frontier lands north and west of the ohio river later known as the northwest territory this measure however was heartily opposed by virginia new york connecticut and massachusetts who all had vast interior claims to the northwest territory the southern states of georgia south and north carolina also had claims that stretched all the way to the mississippi river maryland was alone but knowing that the constitution required state assembly ratification its delegates approved the articles of confederation on november 15 1777 the question of northwest territorial land claims was left to be considered by the individual state governments who were charged with the review and ratification of the articles of confederation on may 21 1779 after 12 states had ratified the articles the maryland state assembly formally communicated to the u s continental congress its conditions for ratification the assembly gave notice that it would only ratify the articles if they received definite assurances that the northwest territory would be released by the states to the usca we are convinced policy and justice require that a country unsettled at the commencement of this war claimed by the british crown and ceded to it by the treaty of paris if wrested from the common enemy by the blood and the treasure of the 13 states should be considered as a common property subject to be parceled out by congress into free convenient and independent governments in such manner and at such times as the wisdom of that assembly shall hereafter direct 19 it was now the charge of continental congress delegates john hanson and daniel carroll to persistently press this demand of their state u s state 1776 1781 claims on land east of the mississippi river on september 6 1780 the u s continental congress acted on the maryland plan resolving that the western territory be released and maryland ratify the articles of confederation the journals report congress took into consideration the report of the committee to whom were referred the instructions of the general assembly of maryland to their delegates in congress respecting the articles of confederation and the declaration therein referred to the act of the legislature of new york on the same subject and the remonstrance of the general assembly of virginia which report was agreed to and is in the words following that having duly considered the several matters to them submitted they conceive it unnecessary to examine into the merits or the policy of the instructions or declaration of the general assembly of maryland or of the remonstrance of the general assembly of virginia as they involve questions a discussion of which was declined on mature consideration when the articles of confederation were debated nor in the opinion of the committee can such questions be now revived with any prospect of conciliation that it appears more advisable to press upon those states which can remove the embarrassment respecting the western country a liberal surrender of a portion of their territorial claims since they cannot be preserved entire without endangering the stability of the general confederacy to remind them how indispensably necessary it is to establish the federal union on a fixed and permanent basis and on principles acceptable to all its respective members how essential to public credit and confidence to the support of our army to the vigor of our councils and success of our measures to our tranquility at home and our reputation abroad to our present safety and our future prosperity to our very existence as a free sovereign and independent people that they are fully persuaded the wisdom and magnanimity of the patriotic legislators of these states will on an occasion of such vast magnitude prompt them to prefer the general security to local attachment and the permanency of the confederacy to an unwieldy extent of their respective limits of the respective legislatures will lead them to a full and impartial consideration of a subject so interesting to the united states and so necessary to the happy establishment of the federal union that they are confirmed in these expectations by a review of the before mentioned act of the legislature of new york submitted to their consideration that this act is expressly calculated to accelerate the federal alliance by removing as far as it depends on that state the impediment arising from the western country and for that purpose to yield up a portion of territorial claim for the general benefit an example which in the opinion of your committee deserves applause and will produce imitation whereupon resolved that copies of the several papers referred to the committee be transmitted with a copy of the report to the legislatures of virginia north carolina and georgia the several states and that it be earnestly recommended to those states who have claims to the western country to pass such laws and give their delegates in congress such powers as may effectually remove the only obstacle to a final ratification of the articles of confederation and that the legislature of maryland be earnestly requested to authorize their delegates in congress to subscribe the said articles and that a copy of the aforementioned remonstrance from the assembly of virginia and act of the legislature of new york together with a copy of this report be transmitted to the said legislature of maryland 20 on october 10 th congress adopted virginia proposal moved by delegate james madison to reimburse state expenses related to cession of western lands and to require that ceded lands be disposed of for the common benefit of the united states the journals record resolved that the unappropriated lands that may be ceded or relinquished to the united states by any particular ...
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