The Second Draft Of The Articles Of Confederation

The second draft of the Articlesof Confederation emerged from the intense deliberations of the Second Continental Congress as delegates sought a workable framework for union among the thirteen newly independent states. While the initial proposal penned by John Dickinson in mid‑1776 laid out a confederation of sovereign entities, the revised version that appeared later that year reflected compromises forged in the crucible of war, differing state interests, and evolving notions of republican governance. Understanding this second draft is essential for grasping how early American leaders balanced liberty with the need for collective action, and why the Articles ultimately required replacement by the Constitution of 1787.

Historical Background

In June 1776, shortly after declaring independence, Congress appointed a committee chaired by Dickinson to draft a plan of union. Dickinson’s first draft emphasized strong state sovereignty, limited central powers, and a unicameral legislature where each state held one vote. The document was presented to Congress on July 12, 1776, but delegates quickly identified shortcomings: the lack of a reliable revenue mechanism, vague provisions for foreign affairs, and insufficient authority to regulate interstate commerce. As the Revolutionary War dragged on, financial shortages and logistical challenges highlighted the necessity of a more robust, yet still limited, national government.

Congress therefore returned the draft to committee for revision. The ensuing debates, which stretched from late 1776 into early 1777, involved representatives from larger states such as Virginia and Pennsylvania advocating for greater congressional authority, while smaller states like Delaware and Rhode Island feared domination. The second draft, completed in November 1777, attempted to reconcile these tensions by preserving state equality in Congress while granting the confederation a few additional, clearly defined powers.

The First Draft vs. the Second Draft

A side‑by‑side comparison reveals both continuity and change:

The most notable shift was the clarification of congressional powers in foreign affairs and finance, areas where the first draft had been deliberately vague to protect state autonomy. Yet the second draft still stopped short of granting Congress the ability to levy taxes directly—a limitation that would later plague the confederation.

Key Provisions in the Second Draft

The second draft contained thirteen articles, each addressing a fundamental aspect of the union:

1. Style of the Confederacy – The official name “The United States of America” was affirmed.
2. State Sovereignty – Each state retained its sovereignty, freedom, and independence; all powers not expressly delegated to Congress remained with the states.
3. Mutual Defense – States agreed to assist one another against external attacks.
4. Freedom of Movement – Free inhabitants could travel, trade, and reside in any state with equal privileges.
5. Extradition – Fugitives from justice could be returned to the state where the crime was committed.
6. Allocation of War Expenses – Costs of the war were to be apportioned according to land values, a formula intended to reflect each state’s ability to pay.
7. Congressional Authority – Congress held the sole power to declare war, enter treaties, coin money, regulate Indian affairs, and manage the postal service.
8. Committee of the States – A body could convene when Congress was in recess to handle urgent matters.
9. Appointment of Officers – Congress could appoint military officers above the rank of colonel.
10. Admission of New States – New territories could join the union with the agreement of nine states.
11. Canadian Accession – Canada was invited to join, reflecting lingering hopes for a broader North American union.
12. Amendments – Any alteration required congressional endorsement and unanimous ratification by the states.
13. Duration – The Articles would remain in force until altered by mutual consent.

These provisions illustrate a deliberate attempt to create a “firm league of friendship” while preserving the primacy of state legislatures. The language is often terse, reflecting the urgent wartime context in which the draft was produced.

Debates and Compromises

The path to the second draft was marked by several contentious issues:

• Representation vs. Equality – Larger states pushed for proportional representation based on population or wealth, fearing that equal state votes gave undue influence to smaller states. The final draft retained equal voting to appease the smaller states, a decision that later contributed to governmental inefficiency.
• Financial Authority – Delegates from states with strong mercantile interests argued for congressional power to impose tariffs and taxes. Opponents warned that such authority would threaten state sovereignty and replicate British parliamentary overreach. The compromise allowed Congress to borrow money and issue bills of credit but denied it direct taxation powers.
• Western Land Claims – States with expansive western claims (e.g., Virginia, New York) wanted Congress to manage