9, 1778) by the
Continental Congress of the thirteen original States in the midst
of the Revolution, were substantially silent on slavery. They
constituted in all respects a weak and impotent instrument. But
they recognized the existence of slavery by speaking of _free_
citizens (Art. 4).

They provided for a "Confederation and perpetual Union" between
the thirteen States, but provided no power to raise revenue, levy
taxes, or enforce law, save with the consent of nine of the States.
The government created had power to contract debts, but no power
to pay them; it could levy war, raise armies and navies, but it
could not raise revenue to sustain them; it could make treaties,
but could not compel their observance by the States; it could make
laws, but could not enforce them.

Washington said of it:

"The Confederation appears to be little more than a shadow without
the substance, and Congress a nugatory body."

Chief-Justice Story said:

"There was an utter want of all coercive authority to carry into
effect its own constitutional measures."

The Articles were, professedly, not in the interest of the whole
people.

They provided only for a "_league_" of states, guaranteeing to each
state-rights in all things.

Art. IV. runs thus:

"The better to secure and perpetuate mutual friendship and intercourse
among the people of the different States of this Union, the _free_
inhabitants of each of these States, _paupers, vagabonds, and
fugitives from justice excepted_, shall be entitled to all the
privileges and immunities of _free_ citizens in the several States,"
etc.

What a classification of persons for exception from the privileges
of government!

_Free_ negroes were not of the excepted class. Nor were criminals,
unless they became fugitives from justice.

For ten years the new Republic existed under these Articles by the
tolerance of a people bound together by the spirit of liberty and
the cohesion of patriotism.

The Articles created no status for slavery, nor did they interfere
with it in the States. They made no provision for a fugitive-slave
law, if, indeed, such a law was dreamed of until after the Constitution
went into effect.

The Articles of Confederation provided no executive head, no supreme
judiciary, and they provided for no perfect legislative body,
organized on the principle of checks and restraints, possessed of
true republican representation. Congress--the sole governing power
--w