THE NEW ENGLAND ARTICLES OF CONFEDERATION AS PRECEDENT FOR THE US ARTICLES OF CONFEDERATION

The US Articles of Confederation, the founding constitution of the USA which was illegally and unadvisedly abandoned, rested upon a tried basis for relations among Anglo-American states: it proved it could work among Anglo-American states by the New England Articles of Confederation which were in effect from 1643 to 1686. The overthrow of the New England Articles of Confederation via political intrigue in an effort to concentrate political power of an empire was a dress rehearsal for what happened a century later in the overthrow of the US Articles of Confederation in 1789. Let’s consider then the history of the New England Articles of Confederation and the New England Confederation.

Permanent New England settlement by English Puritans began in 1620 with Plymouth colony, and expanded from there between 1620 and 1637. New England settlements were receptive to plans for strengthening colonial defenses against the threat of Indian attacks as a result of the Pequot War of 1637. After several years of negotiations, a confederation of the Puritan colonies of Massachusetts Bay, Connecticut, New Haven and Plymouth was formed, with John Winthrop as its president.

The delegates of these Puritan New England colonies established a written agreement concerning the relation of their various colonies in the “New England Articles of Confederation” (1643), and hence the confederation is commonly known as the New England Confederation. The organization was composed of two delegates from each of the four member colonies. Six of the eight votes were necessary to adopt any measure. Regular annual meetings were to be held, but additional conferences could be called in cases of emergency.

The graph below shows the structure of the Confederation laid out in the Articles:

Member colonies were motivated to join not only because of the fear of Indian attack, but also because of the threats posed by the Dutch in the New Netherland and the French in Canada. It also was hoped that the Confederation would seek solutions to a number of nettlesome boundary issues. This confederation and these articles served as a lesson and precedent for the Articles of Confederation among the states over a century later following their independence from England. Some excerpts from this document read as follows:

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“The Articles of Confederation between the Plantations under the Government of the Massachusetts, the Plantations under the Government of New Plymouth, the Plantations under the Government of Connecticut, and the Government of New Haven with the Plantations in Combination therewith:

V. Whereas we all came into these parts of America with one and the same end and aim, namely, to advance the Kingdom of our Lord Jesus Christ and to enjoy the liberties of the Gospel in purity with peace; and whereas in our settling (by a wise providence of God) we are further dispersed upon the sea coasts and rivers than was at first intended, so that we cannot according to our desire with convenience communicate in one government and jurisdiction; and whereas we live encompassed with people of several nations and strange languages which hereafter may prove injurious to us or our posterity. And forasmuch as the natives have formerly committed sundry insolence and outrages upon several Plantations of the English and have of late of late combined themselves against us: and seeing by reason of those sad distractions in England which they have heard of, and by which they know we are hindered from that humble way of seeking advice, or reaping those comfortable fruits of protection, which at other times we might well expect. We therefore do conceive it our bounden duty, without delay to enter into a present

Consociation amongst ourselves, for mutual help and strength in all our future concernments: That, as in nation and religion, so in other respects, we be and continue one according to the tenor and true meaning of the ensuing articles: Wherefore it is fully agreed and concluded by and between the parties or Jurisdictions above named, and they jointly and severally do by these presents agree and conclude that they all be and henceforth be called by the name of the United Colonies of New England.

2. The said United Colonies for themselves and their posterities do jointly and severally hereby enter into a firm and perpetual league of friendship and amity for offence and defence, mutual advice and succor upon all just occasions both for preserving and propagating the truth and liberties of the Gospel and for their own mutual safety and welfare.

3.It is further agreed that the Plantations which at present are or hereafter shall be settled within the limits of the Massachusetts shall be forever under the Massachusetts and shall have peculiar jurisdiction among themselves in all cases as an entire body, and that Plymouth, Connecticut, and New Haven shall each of them have like peculiar jurisdiction and government within their limits; and in reference to the Plantations which already are settled or shall hereafter be erected, or shall settle within their limits respectively; provided no other Jurisdiction shall hereafter be taken in as a distinct head or member of this Confederation, nor shall any other Plantation or Jurisdiction in present being, and not already in combination or under the jurisdiction of any of these Confederates, be received by any of them; nor shall any two of the Confederates join in one Jurisdiction without the consent of the rest, which consent to be interpreted as is expressed in the sixth article ensuing.

4. It is by these Confederates agreed that the charge of all just wars, whether offensive or defensive, upon what part or member of this Confederation soever they fall, shall both in men, provisions, and all other disbursements be borne by all the parts of this Confederation in different proportions according to their different ability in manner following, namely, that the Commissioners for each Jurisdiction from time to time, as there shall be occasion, bring a true account and number of all their males in every Plantation, or any way belonging to or under their several Jurisdictions, of what quality or condition soever they be, from sixteen to threescore, being inhabitants there. And that according to the different numbers from which from time to time shall be found in each Jurisdiction upon a true and just account, the service of men and all charges of the war be borne by the poll: each Jurisdiction or Plantation being left to their own just course and custom of rating themselves and people according to their different estates with due respects to their qualities and exemptions amongst themselves though the Confederation take no notice of any such privilage: and that according to their different charge of each Jurisdiction and Plantation the whole advantage of the war (if it please God so to bless their endeavors) whether it be in lands, goods, or persons, shall be proportionately divided among the said Confederates.

5. It is further agreed, that if any of these Jurisdictions or any Plantation under or in combination with them, be invaded by any enemy whomsoever, upon notice and request of any three magistrates of that Jurisdiction so invaded, the rest of the Confederates without any further meeting or expostulation shall forthwith send aid to the Confederate in danger but in different proportions; namely, the Massachusetts an hundred men sufficiently armed and provided for such a service and journey, and each of the rest, forty five so armed and provided, or any less number, if less be required according to this proportion. But if such Confederate in danger may be supplied by their next

Confederates, not exceeding the number hereby agreed, they may crave help there, and seek no further for the present: the charge to be borne as in this article is expressed: and at the return to be victualled and supplied with the powder and shot for their journey (if there be need) by that Jurisdiction which employed or sent for them; But none of the Jurisdictions to exceed these numbers until by a meeting of the Commissioners for this Confederation a greater aid appear necessary. And this proportion to continue till upon knowledge of greater numbers in each Jurisdiction which shall be brought to the next meeting, some other proportion be ordered. But in any such case of sending men for present aid, whether before or after such order or alteration, it is agreed that at the meeting of the Commissioners for this Confederation, the cause of such war or invasion be duly considered: and if it appear that the fault lay in the parties so invaded then that Jurisdiction or Plantation make just satisfaction, both to the invaders whom they have injured, and bear all the charges of the war themselves, without requiring any allowance from the rest of the Confederates towards the same. And further that if any Jurisdiction see any danger of invasion approaching,, and there be time for a meeting, that in such a case three magistrates of the Jurisdiction may summon a meeting at such convenient place as themselves shall think meet, to consider and provide against the threatened danger; provided when they are met they may remove to what place they please; only whilst any of these four Confederates have but three magistrates in their Jurisdiction, their requests, or summons, from any of them shalm be accounted of equal force with the three mentioned in both the clauses of this article, till there be an increase of magistrates there.

6. It is also agreed, that for the managing and concluding of all affairs proper, and concerning the whole Confederation two Commissioners shall be chosen by and out of each of these four Jurisdictions: namely, two for the Massachusetts, two for Plymouth, two for Connecticut, and two for New Haven, being all in Church fellowhip with us which shall bring full power from their several General Courts respectively to hear, examine, weigh and determine all affairs of our war, or peace, leagues, aids, charges, and numbers of men for war, division of spoils and whatsoever is gotten by conquest, receiving of more Confederates for Planatations into combination with any of the Confederates, and all things of like nature, which are the proper concomitants or consequents of such a Confederation for amity, offence, and defence: not intermeddling with the government of any of the Jurisclictions, which by the third article is preserved entirely, to themselves. But if these eight Commissioners when they meet shall not all agree yet it [is] concluded that any six of the eight agreeing shall have power to settle and determine the business in question. But if six do not agree, that then such propositions with their reasons so far as they have been debated, be sent and referred to the four General Courts; namely, the Massachusetts, Plymouth, Connecticut, and New Haven; and if at all the said General Courts the business so referred be concluded, then to be prosecuted by the Conderferates and all their members. It is further agreed that these eight Commissioners shall meet once every year besides extraordinary meetings (accorcling to the fifth article) to consider, treat, and conclude of all affairs belonging to this Confederation, which meeting shall ever be the first Thursday in September. And that the next meeting after the date of these presents, which shall be accounted the second meeting, shall be at Boston in the Massachusetts, the third at Hartford, the fourth at New Haven, the fifth at Plvmouth, the sixth and seventh at Boston; and then Hartford, New Haven, and Plymouth, and so in course successively, if in the meantime some middle place be not found out and agreed on, which may be commodious for all the Jurisdictions

7. It is further agreed that at each meeting of these eight Commissioners, whether ordinary or extraordinary they or six of them agreeing as before, may choose their President out of themselves whose office and work shall be to take care and direct for order and a comely carrying on of all proceedings in the present meeting but he shall be invested with no such power or respect, which he shall hinder the propounding or progress of any business or any way cast the scales otherwise than in the precedent article is agreed.

8. It is also agreed that the. Commissioners for this Confederation hereafter a their meetings, whether ordinary or extraordinary as they may have commission or opportunity, do endeavor to frame and establish agreements and orders in general cases of a civil nature, wherein all the Plantations are interested, for preventing as much as may be all occasion of war or differences with others, as about the free and speedy pasage of justice in every Jurisdiction, to all the Confederates equally as to their own, receiving those that remove from one Plantation to another without due certificate, how all the Jurisdictions, may carry it towards the Indians, that they neither grow insolent nor be injured without due satisfaction, lest war break in upon the Confederates through such miscarriages. It is also agreed that if any servant run away from his master into any other of these confederated Jurisdictions, that in such case, upon the certificate of one magistrate in the Jurisdiction out of which the said servant fled or upon other due proof; the said servant shall be delivered, either to his master or any other that pursues and brings such certificate or proof. And that upon the escape of any prisoner whatsoever, or fugitive for any criminal cause, whether breaking prison, or getting from the officer, or otherwise escaping,, upon the certificate of two mag istrates of the Jurisdiction out of which the escape is made, that he was a prisoner, or such an offender at the time of the escape, the magistrates, or some of them of that Jurisdiction where for the present the said prisoner or fugitive abideth, shall forthwith grant such a warrant as the case will bear, for the apprehending of any such person, and the delivery of him into the hands of the officer or person who pursues him. And if there be help required for safe returning of any such offender, then it shall be granted to him that craves the same, paying the charges thereof.

9. And for that the justest wars may be of dangerous consequence, especially to the smaller Plantations in the United Colonies, it is agreed that neither the Massachetts, Plymouth, Connecticut, nor New Haven, nor any of the members of them, shall at any time hereafter begin, undertake, or engage themselves, or this Confederation, or any part thereof in any war whatsoever (sudden exigencies, with the necessary consequents thereof excepted), which are also to be moderated as much as the case will permit, without the consent and agreement of the formentioned eight Commissioners, or at least six of them. As in the sixth article is provided: and that no charge be required of any of the Confederates, in case of a defensive war, till the Commissioners have met, and approved the justice of the war, and have agreed upon the sum of money to be levied, which sum is then to be paid by the several Confederates in proportion according to the fourth article.

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Although the New England Articles of Confederation have many critics, primarily among those who advocate for more centralized empire, in reality they performed well under the circumstances, and largely as hoped for. In 1650, the Confederation signed a treaty, known as the Treaty of Hartford, with the New Netherland colony that established clear boundaries between English and Dutch lands. The New England Confederation never submitted the treaty for ratification in England, deciding instead to make treaties on its own in an attempt to self-govern. Circumstances outside the control of the Confederation led in 1652 to the First Anglo-Dutch war. This was a naval war between the English and the Dutch over trade routes and colonies. Connecticut and New Haven considered the First Anglo-Dutch war a threat to their safety and asked for assistance from the Confederation. Massachusetts and Plymouth considered the war to be an unnecessary conflict and refused assistance. The Confederation thus reached a stalemate when four votes were cast in favor of offering assistance and four votes were cast against it. Hence, the Confederation remained neutral on the war, just as was appropriate. In 1675 King Philip’s War broke out after a series of hostile acts by Indians of the Wampanoag tribe. The confederation voted in favor of providing military assistance for the war and officially declared war on the Native-Americans on September 9, 1675. As part of the war effort, the Confederation assembled the largest army that New England had yet mustered, consisting of 1,000 militia and 150 Indian allies. The war lasted fourteen months, officially coming to an end in August of 1676, and is considered one of the bloodiest colonial Indian wars.

King Philip’s War was the Indian’s last major effort to drive the English colonists out of New England. In addition, the New England colonists faced their enemies without support from any outside government or military, and this began to give them a group identity separate and distinct from Britain. Thus, the New England Articles of Confederation achieved what they could under the circumstances: defense of the member parties via joint military operation, while retaining sovereignty for each member colony.

What brought the New England Articles of Confederation down, like what brought the later US Articles of Confederation down a century later, were political intrigues by those seeking centralized empire and despising distributed State political power, consisting of elected State political leaders. While the New England Articles of Confederation were in operation, each colony operated under individual charters that allowed them to organize and run their colonies as they pleased. King Charles II of England sought closer oversight of the colonies, and he tried to introduce and enforce economic control over their activities. The Navigation Acts passed in the 1660s were widely disliked in Massachusetts, where merchants often found themselves trapped and at odds with the rules. Many colonial governments did not enforce the acts themselves, particularly Massachusetts, and tensions grew when Charles revoked the first Massachusetts Charter in 1684. He died shortly after in February of 1685 and King James II took over the throne immediately thereafter. In 1686 King James II created the Dominion of New England in order to tighten control over the administration affairs of the New England colonies. This merged the New England colonies into one mega colony, known as the Dominion of New England, which officially brought the confederation to an end. The Dominion merged the colonies of Connecticut, Massachusetts, New Hampshire and Rhode Island together into one large colony. In 1688 the Dominion was expanded to include New York and New Jersey. James expected the Dominion to increase the patronage, or political favors, he could provide to his loyal supporters – favors such as generous lead grants or colonial administrative appointments. He also expected to increase revenues by imposing duties and taxes on colonial goods in the vast region he now controlled. King James II appointed as Dominion governor Sir Edmund Andros, who was highly unpopular in the colonies, but he was especially hated in Massachusetts where he angered virtually everyone by rigidly enforcing the Navigation Acts, vacating land titles, appropriating a Puritan meeting house as a site to host services for the Church of England, and restricting town meetings, among other complaints. James was deposed in the 1688 Glorious Revolution, whereupon Massachusetts political leaders rose up against Andros, arresting him and other English authorities in April 1689.

This led to the collapse of the Dominion, as the other colonies then quickly reasserted their old forms of government. The Massachusetts colonial government was re-established but it no longer had a valid charter, and some opponents of the old Puritan rule refused to pay taxes and engaged in other forms of protest. Provincial agents traveled to London where Increase Mather was representing the old colony leaders, and he petitioned new rulers William II and Mary II to restore the old colonial charter. King William refused, however, when he learned that this might result in a return to Puritan religious rule in Massachusetts. Instead, the Lords of Trade combined the colonies of Plymouth and Massachusetts Bay into the Province of Massachusetts Bay. They issued a charter for the Province on October 7, 1691, and appointed Sir William Phips as its governor. The new charter differed from the old one in several important ways. One of the principal changes was inaugurated over Mather's objection, changing the voting eligibility requirements from narrower religious qualifications to land ownership. The second major change was that senior officials of the government were appointed by the Crown instead of being elected, including governor, lieutenant governor, and judges. The legislative assembly (or General Court) continued to be elected, however, and was responsible for choosing members of the Governor's Council. The governor had veto power over laws passed by the General Court, as well as over appointments to the council. The General Court possessed the powers of appropriation, and the council was locally chosen and not appointed by either the governor or the Crown. These significantly weakened the governor's power. The New England Confederation, however, was never resuscitated, because henceforth during the colonial era most inter-colony relation was mediated through London.

A century later the US Articles of Confederation also operated as intended, defending the US States against the most powerful empire in the world at that time (the British empire) while retaining sovereignty for each member State. They also established a sound pattern of westward development, such as exhibited in the Northwest Ordinance. Yet those opposed to Confederation overthrew its order, and established a centralized Federal Government and constitutional order in its place which over time would accumulate money, power and control.

It is time to revert back to the order established by the Articles of Confederation, and for the Anglo-American patriot States to depart from the US Federal empire model. This entails partitioning the “blue areas” out of the USA, dissolving the centralized Federal Government based in Washington, DC, and restoring for the red USA its founding constitution which was illegally abandoned, the Articles of Confederation:

Hence the Goal of our Cause is to partition out of the USA those liberal blue areas in a sea of red areas that remain part of the USA and to restore to the USA of Anglo-American Patriot States the Articles of Confederation as our national constitution. The USA was founded as a Confederation of Anglo-American Patriot States, not as a centralized “global nation” empire ruled by elites. Yet progressively the former founding vision has been replaced by the latter political reality. This Cause seeks to return America to its historic identity, an identity described in historian Dr. Samuel P. Huntington’s book Who Are We? The Challenges to America’s National Identity.

America’s first national flag (the Continental Colors or Grand Union flag) is the symbol of our enterprise precisely because it reflects our national identity:

National Facebook Page Advocating A Citizens Militia for Every Red County: https://www.facebook.com/2A-Citizens-Militia-for-Every-Red-County-110198677224723/

National Facebook Group Advocating A Return to the Articles of Confederation: https://www.facebook.com/groups/ReturnToArticlesOfConfederation/

Committees of Correspondence by State: http://www.puritans.net/articles/State%20Committees%20of%20Correspondence%20by%20State.htm

Index of Articles related to this Cause: http://www.puritans.net/articles/indexarticlesconfederation.htm .