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The Articles of Confederation were revolutionary in their desire to bring colonies together under one government. In Franklin’s version, the colonies together would form a united front:
[A] firm League of Friendship with each other, binding on themselves and their Posterity, for their common Defense against their Enemies, for the Security of their Liberties and Properties, the Safety of their Persons and Families, and their mutual and general welfare (Article II, 260).
As a singular nation, Franklin knows that the “United Colonies of North America” can wield much more military strength and political might that will be needed in fighting the British in the Revolutionary War. He even opens the possibility for the United Colonies to expand by suggesting the invitation of other British colonies so that they would be “entitled to all the Advantages of our Union, mutual Assistance and Commerce” (Article XIII, 263). This inclusion would continue to expand the colonies under one common banner.
Franklin is very mindful of the balance of power between the state and central government. Congress has the power to settle disputes between colonies, and it also sets up how conflict should be approached between the colonies and other nations as well as between the colonies and indigenous peoples. Noting skepticism of a single central ruler because of the colonies’ relationship with England and its king, Franklin brings this government together under a Congress and executive council rather than one head of state.
The outline of a federal government aligned here is not one accepted by the Continental Congress, but a similar version is eventually embodied in the current federal system in the United States, making the structure part of Franklin’s legacy as a founding father.
Franklin hopes that the new American government will be one that transitions toward independence from Britain and dependence among states in a federal government. However, the unique system he sets up in the Articles of Confederation is also one that ensures that colonies are still able to operate as relatively independent states. As a result, he gives most of the power to states in three ways.
First, he notes in Article III, that “each Colony shall enjoy and retain as much as it may think fit of its own present Laws, Customs, Rights, Privileges, and peculiar Jurisdictions within its own Limits” (260-261). This section means that each state can, for the most part, continue to operate autonomously even after the Articles of Confederation are adopted. Their laws, save for those that affect decisions to make war, will remain primary for their citizens. Their constitutions can also be changed as each state sees fit, meaning that the majority of powers affecting day to day life in a colony stay with them and not with the central government.
Second, Franklin gives a lot of power to states in determining how taxes are collected in their colony. Each one is expected to pay an amount in taxes proportional to the number of males aged 16 to 60 in their colony. It is then up to the state governments to decide the laws for levying those taxes.
Finally, instead of today’s system of checks and balances across three branches of government, Franklin sets up a singular house of Congress that appoints members of an executive council. Because Congress is intended to be a representational body, the states would be able to exert their influence over the executive council. They also hold a number of powers regarding making war, forging alliances, and managing the militia, among others. Ultimately, Franklin tries to address concerns and fears among his contemporaries about the power of a unified government. Additionally, American revolutionaries are skeptical of having one head of state given their relationship to the British monarchy and its influence over the colonies at that time.
The influence of Enlightenment thinking is also clear in Franklin’s document. The Articles of Confederation are a relatively no-nonsense and straightforward piece regarding a new—albeit revolutionary—system of government. Franklin is attempting to present an idea that he knows will likely be passed over due to its radical nature in a way that appeals to his contemporaries’ practicality.
This approach is clear in the structure of the document. Franklin drafts this document with the goal of outlining the logistics of the new system of government that he is proposing and little else. Knowing that some of his colleagues are concerned by the prospect of declaring independence and others are afraid of taking too much power away from the states while also investing in one ruler, Franklin’s series of articles attempts to address both concerns without lingering too much on the benefits of his system. Rather, he shows how this system can work from a purely logistical standpoint, one that addresses both sides. Ultimately, no vote is ever taken on the document, but its legacy is evident in the United States Constitution today.
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By Benjamin Franklin