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fully refrain from using his own brains. And as it is impossible on most questions to gauge public opinion, the legislator, in following Mr. Bryan's direction would be very likely to be following the dictates of that private business interest or political leader that had most influence over him. Mr. Hughes well points out that he who heeds advice from such source is not a faithful representative of the people. In saying that it is only upon simple and broad propositions of policy that the people can act directly, he shows that that representative most truly represents who treats every question in the light of the greatest good to the greatest number of people. In other words, the greatest good will result when the representative brings to the solution of the problems before him the greatest care and foresight and ability that he can muster. In so doing he is recognizing his "representative responsibility."
1-The Ideal of the American Commonwealth, Burgess, J. W., Political Science Quarterly, X, 405–25.
2-Natural Law and Natural Rights, Willoughby, W. W., The Nature of the State, 89-111.
3-Characteristics of the State, Willoughby, W. W., The American Constitutional System, 3-11.
4-Government by Public Opinion, Bryce, J., The American Commonwealth, II, 255–69.
5-The Social Basis of Proportional Representation, Jenks, J., Annals of the American Academy of Political and Social Science, 1905, II, 381-96.
FORMATION OF THE FEDERAL CONSTITUTION
7. THE ARTICLES OF CONFEDERATION.
While the colonies were still subject to England many plans were suggested for the establishment of an inter-colonial union. One of these, Franklin's Plan, submitted to the Albany Congress, 1755, became the model for the Articles of Confederation. These Articles were drawn up by the Continental Congress soon after the Declaration of Independence, discussed for more than a year before being submitted to the States, where nearly four years more were spent in securing their ratification. In spite of this long and painful consideration, the Articles of Confederation proved wholly inadequate as a frame of government for the States. Nevertheless the provisions of this document are worthy of study both because of the contrast and the similarity which they offer to corresponding clauses in our present Federal Constitution.
Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.
Article I.-The style of this Confederacy shall be, "The United States of America.'
Art. II.-Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled.
Art. III.-The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon
them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.
Art. IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and egress to and from any other State, and shall enjoy therein all the privileges of trade and commerce subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively; provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State to any other State of which the owner is an inhabitant; provided also, that no imposition, duties, or restriction shall be laid by any State on the property of the United States or either of them. If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State shall flee from justice and be found in any of the United States, he shall, upon demand of the governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense. Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State.
Art. V.-For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the Legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year. No State shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall
any person, being a delegate, be capable of holding any office under the United States for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. Each State shall maintain its own delegates in any meeting of the States and while they act as members of the Committee of the States. In determining questions in the United States in Congress assembled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress; and the members of Congress shall be protected in their persons from arrests and imprisonment during the time of their going to and from, and attendance on, Congress, except for treason, felony, or breach of the peace.
Art. VI.-No State, without the consent of the United States, in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty with any king, prince, or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state; nor shall the United States, in Congress assembled, or any of them, grant any title of nobility.
No two or more States shall enter into any treaty, confederation, or alliance whatever between them without the consent of the United States, in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No state shall lay any imposts or duties which may interfere with any stipulations in treaties entered into by the United States, in Congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by Congress to the courts of France and Spain.
No vessel of war shall be kept up in time of peace by any State, except such number only as shall be deemed necessary by the United States, in Congress assembled, for the de
fense of such State or its trade, nor shall any body of forces be kept up by any State in time of peace, except such number only as, in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use in public stores a due number of field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.
No State shall engage in any war without the consent of the United States, in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the United States, in Congress assembled, can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States, in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States, in Congress assembled, unless such State be infected by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States, in Congress assembled, shall determine otherwise.
Art. VII.-When land forces are raised by any State for the common defense, all officers of or under the rank of Colonel shall be appointed by the Legislature of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment.
Art. VIII-All charges of war, and all other expenses that shall be incurred for the common defense, or general