[Footnote 71:  The secret journals of congress, published under the resolutions of March 27th, 1818, and April 21st, 1820, contain “A History of the Confederation.”  The course of public opinion on a most important point—­the nature of the connexion which ought to be maintained between these United States—­may be in some degree perceived in the progress of this instrument, and may not be entirely uninteresting to the American reader.

So early as July, 1775, Doctor Franklin submitted “Articles of Confederation and perpetual union” to the consideration of congress, which were to continue in force until a reconciliation with Great Britain should take place on the terms demanded by the colonies.  Into this confederation, not only all the British colonies on the continent, but Ireland and the West India islands were to be admitted.

Congress was to consist of members chosen by each colony in proportion to its numbers, and was to sit in each successively.  Its powers were to embrace the external relations of the country, the settling of all disputes between the colonies, the planting of new colonies; and were to extend to ordinances on such general subjects as, though necessary to the general welfare, particular assemblies can not be competent to, viz.  “Those that may relate to our general commerce, or general currency; the establishment of ports; and the regulation of our common forces.”

The executive was to consist of a council of twelve, selected by congress from its own body, one-third of whom were to be changed annually.

Amendments were to be proposed by congress; and, when approved by a majority of the colonial assemblies, were to become a part of the constitution.

In June, 1776, a committee was appointed to prepare and digest the form of a confederation to be entered into between the United Colonies, which brought in a draft (in the hand writing of Mr. John Dickinson) on the 12th of the succeeding month.

This report was under debate until the 14th of November, 1777, on which day congress agreed on the articles afterwards adopted by the states.

In the scheme supposed to be prepared by Mr. Dickinson, the confederation is considered as an alliance of sovereign states, who meet as equals by their deputies assembled to deliberate on their common concerns, each sovereign having a voice.  This principle was retained; but several modifications in the language and principle of the original scheme were made, which indicate a watchful and growing jealousy of the powers of congress.

In each, an article is introduced reserving the rights of the states.  That which is found in the report, “reserves to each state the sole and exclusive regulation and government of its internal police, in all matters that shall not interfere with the articles of this confederation.”

This article was so modified as to declare that “each state retains its sovereignty,” “and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States in congress assembled.”