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   Chapter 50 1788.)

Formation of the Union By Albert Bushnell Hart Characters: 2639

Updated: 2017-12-06 00:02

[Sidenote: Congress.]

The first and fundamental defect of the government was in the organization of Congress. The Continental Congress had been a head without a body; under the Articles of Confederation, Congress was a body without a head. A single assembly continued to be the source of all national legislative, executive, and judicial power (§ 37). As though to prevent the country from getting the benefit of experience, no man could remain a member of Congress for more than three years in succession. The delegates of each State continued to cast jointly one vote; if only one member were present, the vote of a State was not counted; if but two were present, they might produce a tie. On important questions the approval of nine States was necessary, and often less than that number had voting representatives on the floor. Amendment was impossible, except by consent of all the State legislatures. Although Congress had to deal with difficult questions of peace, its principal power was that of carrying on war. Congress might make treaties, but it could pass no act in defence of American commerce.

[Sidenote: Executive departments.]

A great effort was made to improve the executive system. By resolutions passed early in 1781, secretaries were appointed for the three departments of Foreign Affairs, W

ar, and Finance; the board system, championed by Samuel Adams and others, was to be abandoned. The importance of the War Department diminished after 1782. "The Secretary of the United States for the Department of Foreign Affairs" was quartered in two little rooms, and furnished with two clerks. The post was filled first by Robert R. Livingston, and from 1784 by John Jay. The office of Superintendent of Finance was bestowed upon Robert Morris of Pennsylvania.

[Sidenote: Courts.]

The Articles of Confederation provided for a special tribunal to settle territorial disputes between the States. The system was invoked in 1782, and a verdict was rendered in favor of Pennsylvania and against Connecticut in their rival claims to the Wyoming region. A second set of federal courts was constituted by designating certain State courts to try piracies and felonies committed on the high seas. A third and the only important federal tribunal was the Court of Appeals in prize cases, which began to sit in January, 1780, and before which were sued sixty-five cases. All the courts, like all the executive departments, were created by Congress, alterable by Congress, and subject to the control of Congress. In 1784 the Court of Appeals was allowed to lapse, by the refusal of Congress to pay the salaries of the judges.

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