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Show -10- Union of 175U; they were in the midst of a political struggle against the might of Great Britain, which could be successfully carried on only through the united political action of the Thirteen Colonies, TJhile, therefore, provision had to be made for the settlement of boundary and other disputes, which now emerged between the hew independent States, in case of failure of direct negotiations between them, it was perhaps even more important to protect the new Union of States established by the Articles of Confederation, from the destructive political combination of two or more States. The Arti- cles, therefore, specifically provided for an appeal to Congress "in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any cause whatever." At the same time, they endeavored to secure the authority of the Confederacy against political rivalry by the following limitation upon the "sovereignty, freedom and independence" "retained" by each Statej "ARTICLE VI. No state without the consent of the United States in Con- gress 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 ..... "No two or more states shall enter into any treaty, confederation or al- liance whatever between- them, without the consent of the United States in Congress assembled, specifying accurately the purpose for which the same is to be entered into, and how long it shall continue,'1 The absenoe of any powerful national capabilities on the part of the Confederacy, except in the conduct of foreign affairs, underlines the signi- ficance of these clauses as insurance against competing political power. This curb upon political combinations by the States was retained almost in haec verba by the Constitution. But the Constitution also authorized agreement between the States with the consent of Congress. Obviously the f ramers contemplated adjustments among the States which did not involve political entanglements embarassing to the national government. The records of the Constitutional Convention furnish no light as to the source and scope of this compact provision of Article I, Section 10. Nor does the Federalist help. But the history of the times furnishes an ample commentary. "It is a part of the public history of the United States • . .. that at the adoption of the Constitution there were existing controversies between eleven states respecting their boundaries, which arose under their respective charters, and had continued from the first settlement of the Colonies. "33 in addition, the States had resorted to agreements among themselves, adjusting controversies other than boundary dis- putes.3U- The framers were familiar with the modes of settlement prior to the Revolution - that controversies were determined partly through agreements confirm© d by the Crown, and partly by litigation on appeal to the Privy Council. The Philadelphia Convention . ^^See Rhode Island v. Massachusetts (1838 U. S, ) 12 Pet, 657* 723* See also Beer, British Colonial Policy, I75I4.-I765 (1907) 50 note. 3^See Appx. B. Ill* infra. |
