egation
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