； when the war was already drawing to a close。 The exigencies of the hour forced Congress； without any authorization； to act as if it had been duly empowered and in general to proceed as if the Confederation had been formed。 Benjamin Franklin was an enthusiast for union。 It was he who had submitted the plan of union to the Albany Congress in 1754； which with modifications was recommended by that congress for adoption。 It provided for a Grand Council of representatives chosen by the legislature of each colony； the members to be proportioned to the contribution of that colony to the American military service。 In matters concerning the colonies as a whole； especially in Indian affairs； the Grand Council was to be given extensive powers of legislation and taxation。 The executive was to be a President or Governor…General； appointed and paid by the Crown； with the right of nominating all military officers； and with a veto upon all acts of the Grand Council。 The project was far in advance of the times and ultimately failed of acceptance：； but in 1775； with the beginning of the troubles with Great Britain； Franklin took his Albany plan and； after modifying it in accordance with the experience of twenty years； submitted it to the Continental Congress as a new plan of government under which the colonies might unite。 Franklin's plan of 1775 seems to have attracted little attention in America； and possibly it was not generally known； but much was made of it abroad； where it soon became public； probably in the same way that other Franklin papers came out。 It seems to have been his practice to make； with his own hand； several copies of such a document； which he would send to his friends with the statement that as the document in question was confidential they might not otherwise see a copy of it。 Of course the inevitable happened； and such documents found their war into print to the apparent surprise and dismay of the author。 Incidentally this practice caused confusion in later years； because each possessor of such a document would claim that he had the original。 Whatever may have been the procedure in this particular case； it is fairly evident that Dickinson's committee took Franklin's plan of 1775 as the starting point of its work； and after revision submitted it to Congress as their report； for some of the most important features of the Articles of Confederation are to be found； sometimes word for word； in Franklin's draft。 This explanation of the origin of the Articles of Confederation is helpful and perhaps essential in understanding the form of government established； because that government in its main features had been devised for an entirely different condition of affairs； when a strong； centralized government would not have been accepted even if it had been wanted。 It provided for a 〃league of friendship；〃 with the primary purpose of considering preparation for action rather than of taking the initiative。 Furthermore； the final stages of drafting the Articles of Confederation had occurred at the outbreak of the war； when the people of the various States were showing a disposition to follow readily suggestions that came from those whom they could trust and when they seemed to be willing to submit without compulsion to orders from the same source。 These circumstances； quite as much as the inexperience of Congress and the jealousy of the States； account for the inefficient form of government which was devised； and inefficient the Confederation certainly was。 The only organ of government was a Congress in which every State was entitled to one vote and was represented by a delegation whose members were appointed annually as the legislature of the State might direct； whose expenses were paid by the State； and who were subject to recall。 In other words； it was a council of States whose representatives had little incentive to independence of action。 Extensive powers were granted to this Congress 〃of determining on peace and war； 。 。 。 of entering into treaties and alliances；〃 of maintaining an army and a navy； of establishing post offices； of coining money； and of making requisitions upon the States for their respective share of expenses 〃incurred for the common defence or general welfare。〃 But none of these powers could be exercised without the consent of nine States； which was equivalent to requiring a two…thirds vote； and even when such a vote had been obtained and a decision had been reached； there was nothing to compel the individual States to obey beyond the mere declaration in the Articles of Confederation that； 〃Every State shall abide by the determinations of the United States in Congress assembled。〃 No executive was provided for except that Congress was authorized 〃to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction。〃 In judicial matters； Congress was to serve as 〃the last resort on appeal in all disputes and differences〃 between States； and Congress might establish courts for the trial of piracy and felonies committed on the high seas and for determining appeals in cases of prize capture。 The plan of a government was there but it lacked any driving force。 Congress might declare war but the States might decline to participate in it； Congress might enter into treaties but it could not make the States live up to them； Congress might borrow money but it could not be sure of repaying it； and Congress might decide disputes without being able to make the parties accept the decision。 The pressure of necessity might keep the States together for a time； yet there is no disguising the fact that the Articles of Confederation formed nothing more than a gentlemen's agreement。
CHAPTER IV。 THE NORTHWEST ORDINANCE The population of the United States was like a body of water that was being steadily enlarged by internal springs and external tributaries。 It was augmented both from within and from without； from natural increase and from immigration。 It had spread over the whole coast from Maine to Georgia and slowly back into the interior； at first along the lines of river communication and then gradually filling up the spaces between until the larger part of the available land east of the Alleghany Mountains was settled。 There the stream was checked as if dammed by the mountain barrier； but the population was trickling through wherever it could find an opening； slowly wearing channels； until finally； when the obstacles were overcome； it broke through with a rush。 Twenty years before the Revolution the expanding population had reached the mountains and was ready to go beyond。 The difficulty of crossing the mountains was not insuperable； but the French and Indian War； followed by Pontiac's Conspiracy； made outlying frontier settlement dangerous if not impossible。 The arbitrary restriction of western settlement by the Proclamation of 1763 did not stop the more adventurous but did hold back the mass of the population until near the time of the Revolution； when a few bands of settlers moved into Kentucky and Tennessee and rendered important but inconspicuous service in the fighting。 But so long as the title to that territory was in doubt no considerable body of people would move into it； and it was not until the Treaty of Peace in 1783 determined that the western country as far as the Mississippi River was to belong to the United States that the dammed…up population broke over the mountains in a veritable flood。 The western country and its people presented no easy problem to the United States： how to hold those people when the pull was strong to draw them from the Union； how to govern citizens so widely separated from the older communities； and； of most immediate importance； how to hold the land itself。 It was； indeed； the question of the ownership of the land beyond the mountains which delayed the ratification of the Articles of Confederation。 Some of the States； by right of their colonial charter grants 〃from sea to sea；〃 were claiming large parts of the western region。 Other States； whose boundaries were fixed； could put forward no such claims； and； as they were therefore limited in their area of expansion； they were fearful lest in the future they should be overbalanced by those States which might obtain extensive property in the West。 It was maintained that the Proclamation of 1763 had changed this western territory into 〃Crown lands；〃 and as； by the Treaty of Peace； the title had passed to the United States； the non…claimant States had demanded in self…defense that the western land should belong to the country as a whole and not to the individual States。 Rhode Island； Maryland； and Delaware were most seriously affected； and they were insistent upon this point。 Rhode Island and at length Delaware gave in； so that by February； 1779； Maryland alone held out。 In May of that year the instructions of Maryland to her delegates were read in Congress； positively forbidding them to ratify the plan of union unless they should receive definite assurances that the western country would become the common property of the United States。 As the consent of all of the Thirteen States was necessary to the establishment of the Confederation； this refusal of Maryland brought matters to a crisis。 The question was eagerly discussed； and early in 1780 the deadlock was broken by the action of New York in authorizing her representatives to cede her entire claim in western lands to the United States。 It matters little that the claim of New York was not as good as that of some of the other States； especially that of Virginia。 The whole situation was changed。 It was no longer necessary for Maryland to defend her position； but the claimant States were compelled to justify themselves before the country for not following New York's example。 Congress wisely refrained from any assertion of jurisdiction； and only urgently recommended that States having claims to western lands should cede them in order that the one obstacle to the final ratification of the Articles of Confederation might be removed。 Without much question Virginia's claim was the strongest； but the pressure was too great even for her； and she finally yielded； ceding to the United States； upon certain conditions； all her lands northwest