A Bold Plan for the Future

CONFEDERATION

A Bold Plan for the Future

When Virginia's Richard Henry Lee rose in the State House in Philadelphia last month to move "that these United Colonies are, and of right ought to be, free," that celebrated statement was only the first section of a three-part resolution. The second section asked that the Colonies immediately "take the most effectual measures for forming foreign alliances". The third section urged that "a plan for confederation be prepared and transmitted to the respective colonies for their consideration and approbation." That plan, TIME has learned, has just been finished, and a draft will be submitted to Congress late this week.

The plan, known as the Articles of Confederation and Perpetual Union, has been worked out largely by John Dickinson, 43, the London-trained lawyer best known for his anti-Town-shend-taxes "Letters of a Pennsylvania Farmer." Though an opponent of American independence, the Pennsylvania conservative soon became the dominant influence on the 13-man drafting committee, which included hardly any radicals other than Samuel Adams of Massachusetts. The document therefore reflects the conservatives' basic desire to organize the 13 disparate colonies under a united national government that would assume the authority once held by London.

Among the chief points in Dickinson's draft:

> The proposed confederacy will be officially designated as "the United States of America."

> "The United States assembled" will have the exclusive right to make war and peace, to deal with foreign nations, to regulate foreign trade, to settle territorial and other disputes among the colonies, and to negotiate with all the Indian tribes living beyond the colonial frontiers.

> The individual colonies will retain their present laws and social customs, but only in "matters that shall not interfere with the Articles of this Confederation." Only one right is specifically assigned to each of the states: the "exclusive regulation and government of its internal police."

> The draft promises that "the United States assembled shall never impose or levy any taxes or duties, except in managing the post office." When "the Assembly" needs to raise substantial sums of money for waging war or other matters of "general welfare," the states shall provide it "in proportion to the number of inhabitants of every age, sex, and quality, except Indians not paying taxes."

> Each state will have one vote in the Assembly. Nine votes will be required to pass bills in certain key areas, seven for other ones. Each state legislature will determine how its own delegates should be chosen and will pay for their support. No one may serve in the Assembly for more than three years out of six.

> A Council of State, consisting of one delegate from each state, will serve as an executive group on behalf of the Assembly.

> Canada is invited to join the Confederation.

> Once the Articles of Confederation are ratified, no changes can be made without approval by the Assembly and each of the colonies.

Most political leaders in Philadelphia expect, however, that there will be many changes made before the Articles are finally ratified. Even within Dickinson's committee, there have been harsh arguments. Says Delegate Edward Rutledge of South Carolina: "Dickinson's plan has the vice of all his productions ... I mean the vice of refining too much." Rutledge also complains that the plan might "destroy all provincial distinctions, and make every thing of the most minute kind bend to what they call the good of the whole." He adds: "I am resolved to vest the Congress with no more power than is absolutely necessary ... for I am confident a most pernicious use will be made of it."

Three specific areas seem likely to attract controversy:

First, the rule that gives each state one vote benefits the small states at the expense of the more populous ones. Delegate John Adams of Massachusetts questions whether each state should not have "a weight in proportion to its number, or wealth, or exports and imports, or a compound ratio of all." Delegate Benjamin Franklin of Pennsylvania, who drew up his own rough draft of a charter for federation last year, has proposed one congressional delegate for each 5,000 voters.

Second, the rule that proposes taxes in proportion to population will undoubtedly be disputed by southern delegates since it means that their states will have to pay substantial taxes because of the number of slaves. Southern leaders argue that it would be fairer to base taxes on the value of land, but this is strongly opposed in the cities of the north.

Third, the rule that gives Congress control over colonial boundaries will meet strong opposition in some states, like Virginia, that claim their royal charters extend all the way across America to the "South Seas" (the Pacific). Land buyers from closed-in states like Maryland have been trying to buy western lands from the Indians, but the Virginians insist that all such purchases are illegal.

"What contract will a foreign state make with us when we cannot agree among ourselves?" asks Delegate Samuel Chase of Maryland. Chase has a point, but the process of ratification promises to be long. Says Delegate Joseph Hewes of North Carolina: "What we shall make of it, God only knows. I am inclined to think we shall never model it so as to be agreed to by all." In the meantime, Quaker Dickinson refused last week to vote for independence (or even to attend the decisive session of Congress) because of his hopes for eventual reconciliation with Great Britain. But he nonetheless rode off to Elizabethtown to join his regiment in defense of the Declaration.

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