New England Compact

[Galveston Bay]

Winter 1784
Notable believers in a strong central government such as Robert Treat Paine and Rufus King invite fellow believers of such from Massachusetts, Connecticut, Rhode Island, and New Hampshire to Boston to discuss the matter further after the failure of the Articles of Confederation.  Three of the colonies, Rhode Island, Connecticut and Massachusetts, were attacked heavily during the war and suffered not inconsiderable loss.   Matthew Griswold and Oliver Ellsworth from Connecticut, Benjamin Bourne from Rhode Island, Nicholas Gilman and John Langdon from New Hampshire are chief among those invited, and John Adams who is in England, and Thomas Jefferson (author of the Declaration of Independence) are consulted by mail, as is Alexander Hamilton.

[TLS]

Massachusetts' invitation to the notables of neighboring states is met with considerable consternation in Connecticut, Rhode Island, and New Hampshire. Of those invited by name, Griswold is forced to decline due to his status of Lieutenant Governor of Connecticut; attending such an unofficial meeting would threaten to lend an official air to a meeting being held without the official blessing of the Massachusetts state government. Ellsworth, meanwhile, is able to attend as his status as a judge is held to be less politically scandalous, though there is still grumbling about his attendance in New Haven. Bourne also indicates that he will attend the conference, causing his political enemies in Rhode Island to note dismissively of his quick haste to Boston. Finally, Nicholas Gilman gladly and quickly notes that he will attend, hopeful for the chance to reunite with many of his ideological and military friends from his service in the Continental Army, but John Langdon demurs, stating pressing business in Portsmouth.

John Adams receives his invitation shortly before he is already set to depart back to Boston, and he sets out even more quickly as he seeks to make sense of the collapse of the dream he has just spent years defending in the political and diplomatic arenas. His cousin Samuel Adams, however, publicly notes his disdain for the jabbering of those dedicated to failed ideas. While comes nowhere close to insulting his cousin, nor necessarily any of those in attendance, he and his followers begin to hold their own discussions on the nature of liberty and the benefits of Massachusetts' newfound independence from both London and Philadelphia.

(OOC: It will be up to Lefty and Kilani to figure out what Jefferson and Hamilton do.)

[Lefty]

Thomas Jefferson writes to the New Englanders of his interest in this new experiment. Though it seems the initial chapter in the American Experiment has closed as each state, his native Virginia included, has sought independence over union, the opportunity for cooperation continues. He hopes that the Continental Congress remains in session to debate the merits of closer unity, and even if this discussion falters that the debate continues in Philadelphia.

[Kilani]

Hamilton writes to encourage further cooperation amongst the many states, stating his belief that a strong central government is the only way that the many states will ultimately survived. He writes quote eloquently in defense of this point, but ultimately points out (regretfully) that with the failure of the Congress, it is up to the individual states to determine how to best band together.

[Galveston Bay]

During the summer of 1784, Robert Treat Paine begins work on a very lengthy proposal, consulting with Jefferson, Adams, Hamilton and the bright young lawyer James Madison as well.  The notables from the neighboring states who attended the conference also work closely with him. 

The members have taken a vow of silence regarding the specifics for now and indeed make every effort to remain unnoticed and hopefully ignored, addressing the press only to announce that they are trying to work out an agreement to improve relations between the states.

[Galveston Bay]

In early January 1785, this document is published in Boston, and copies are sent to booksellers in Rhode Island, Connecticut, Massachusetts, New Hampshire, Maine and Vermont

The Adams/Paine proposal (The Libertarian Republic proposal) is also made privately available at the same time to State officials in the states below, as well as important figures in that region throughout 1785 by a group led by Samuel Adams (representing the coauthor John Adams with considerable assistance from Abigail Adams.  Copies are sent to notables such as Benjamin Franklin, Alexander Hamilton, Thomas Jefferson and James Madison as well.

Proposed:

We the People of the New England, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to ourselves and our posterity, do propose to ordain and establish this Constitution for the states and territories commonly known as New England to be called the Republic of Libertaria. 

Creation of the Republic of Libertaria

To consist of the 82 counties and 3 cities from the former colonies of Connecticut, Massachusetts, New Hampshire, and Rhode Island, as well as the district of Maine, and the area known as Vermont. A Constitution governing such a Republic is proposed below.

Constitution with following features:

Government Organization: A balance of powers based on the Massachusetts model, with 3 branches of government.

Article I Legislative Branch

Shall be called the Legislature of Libetaria. Consists of the Senate and General Assembly. The General Assembly proposes, the Senate disposes, laws then sent to President for approval. President may veto, then Legislature may override that veto (or not if not 2/3rds majority). Shall approve Executive Branch appointments and appoints Vice President. Senate consists of 1 member from each county plus cities of Boston, Providence and Bridgeport (due to their larger size). Term is 6 years with ½ up for election every 3 years. General Assembly shall consist of 201 Assemblyman, drawn from districts that are formed on the basis of equal population. They are elected for 3 years, with all up for reelection every 3 years. Legislature has authority to levy direct and indirect taxes, take on debts, raise and maintain armies and fleets, and fund the functions of government. Senate approves executive branch members, Assembly chooses and elects Vice President, entire Legislature needed for impeachment. Requirements to serve in the Legislature are age 30 for the Senate, Age 25 for the General Assembly, and a grandfather clause inserted giving all those who served in Continental Congress or Colonial legislatures during the Revolution 2 years active service as they faced treason charges and death if caught by the British during that time. Requirement inserted that only men of good character can serve (no criminal convictions or pending indictments prior to assumption of office. Impeachment described (current use) for removal from office. These requirements extend (with adjustments for age) to the other 2 branches (age 35 for President, Vice President, Cabinet or Judicial appointment).

Article 2 Executive Branch

Branch consists of the President, who is elected every 6 years by a vote of the people. If the vote is not decisive (no majority), then the two men with the most votes have a runoff election and the winner is elected to office. Office is for 6 years. Powers: Commander in Chief of Army, Navy and Militia, power to grant pardons and paroles, appoints judges, ambassadors, and those clerks and secretaries as needed to run execute departments subject the approval of the Senate. Power to wage war but not declare it. President is the head of state and commander in chief.

A Vice President is elected by the majority of the General Assembly, and shall be in charge of the administration of the government. Also for a 6 year term. If the President dies or is impeached then the Vice President takes his seat and Congress appoints a new Vice President.
Language inserted to make it clear that the President is in charge and the Vice President is mainly chief bureaucrat. The Executive Branch spends the money raised by Congress.

Other officials
Secretary of State, Attorney General, Secretary of Defense with deputies for Army, Militia, and Navy, Secretary of Treasury, Secretary of Interior, Surgeon General, Dean of Education, Chief Engineer (civil engineer, think Roads commissioner),

Requirements for Executive Branch: Age 35+, veteran of 2 years active military service or 4 years militia service All but President and Vice President serve at will of the President.

Article 3 Judicial Branch
Identical to US Constitution except there shall be 85 County courts, 17 Appeals Courts, plus Supreme Court. Special courts for customs, immigration, and an Appeals Court for those in the military also established. President appoints Appeals and Supreme Court judges, Vice President appoints County and special court judges. All judges subject to approval by Legislature and serve for live or until medically unfit to serve. Implication made that courts shall determine if a law is legal under the Constitution.
Additional language inserted which are US Constitution’s 4^th, 5^th, 6^th, 7^th, 8^th Amendments. Language is inserted forbidding debt from being made a criminal offense unless it can be proved that debt was assumed or taken fraudulently.

Article 4 Federal structure

Applies to Counties (which includes the 3 specified cities) instead of States as in US Constitution, with provision to add additional cities should population merit such and the Legislature pass a bill calling for such. Freedom of movement, defines a citizen as person born in the area that makes up the Republic or who has lived there for 10 years and has good character (defined as no criminal felonies), otherwise identical to US Constitution Article 4 except that a person who has been honorably discharged from the Army, Navy or Militia is automatically a citizen. Special act of Congress is required to subdivide a county and it requires majority vote of the citizens of that county. No county or municipality and nor shall the federal government remove a person of life, liberty or property without due process of law and all persons residing in the Republic shall have equal protection of its laws. Previous condition of involuntary servitude shall not disqualify a person of these rights, except in the case where they were convicted of a felony.

Debts assumed by the states and counties from July 4, 1776 shall be assumed by the Republic. The national debt of the Republic shall not be questioned. The Republic shall regulate trade, mint currency, and negotiate with other nations on trade.  The provisions of the Treaty of Paris that ended the Revolutionary War shall be assumed by the Republic

Article 5 Amendments
2/3rds majority of both Houses of Legislature plus a popular vote with 2/3^rd majority.

Article 6 Supremacy clause, No religious test, but also language that is in effect the 1^st Amendment, and the Establishment Clause includes language forbidding the Government from outlawing practice of religion except when it shall cause harm that would be normally subject to criminal felony indictment (Jefferson’s comment your rights end where they interfere with mine is put in here in appropriate language). This article also spells out that Slavery is forbidden, and involuntary servitude requires due process of law, and slavery is to end within 24 months of approval but that as Article 3 spells out that property cannot be removed without compensation, all slave owners shall be compensated as the Legislature directs. Voting rights are also spelled out, any male age 21 or older of good character in that has not been convicted of a felony shall have the right to vote as long as he is a citizen. (Citizens are defined in article 4).(Abigail Adams best efforts do not get voting rights for women, but note that some language spells out PERSONS instead of MEN

(This would end slavery in the Rhode Island and Connecticut about 35-40 years early and note it does not forbid the slave trade, just slaves in the Republic. It would be a necessary compromise as both states are heavy in the Triangle Trade, as is Massachusetts).

Article 7 Military
All adult males 16-55 subject to service in the Militia if Congress shall require such. Therefore all adult males 16-55 have the right to bear and maintain arms as part of their militia responsibility. As its duty to maintain a militia, the government has the right to regulate this right, such as requiring only those of good character being allowed the right to serve in the militia, as well as insuring weapons meet standards required for the militia and the normal regulations regarding their use set by the Militia. The Army and Navy can recruit from the militia or recruit volunteers subject to the regulations and laws imposed by the Legislature. All that serve in the Army or Navy in peacetime shall be volunteers, and in wartime this can only be waived (conscription in other words) by Act of the Legislature which shall not extend beyond the end of the war plus 6 months.

Members of the Navy and Army on active service cannot serve in an office subject to the approval of the Legislature (anything appointed by the President), or serve in any elected office. This does not apply to those in the Militia during peacetime. All members of the military who are citizens may vote, including those on active service and their votes are assigned to the voting precinct where they reside or their home port. Troops shall not be quartered in houses of the people except during wartime. The commanders of the Navy and Army and Militia, and all flag officers (generals and admirals are flag officers) are subject to approval by the Senate and are appointed by the President or Secretary of Defense and are considered members of the military, not members of the Executive Branch. They are not subject to the age requirement, so if a 22 year old is a good candidate for general, a general he can be. Keeping in mind that those who wrote and approve this consist of a lot of veterans of a recent tough war.

Constitution is adopted if majority of voters in each State approve it either by direct vote or by majority vote of their legislature. Proposal is that an election by held in 1786 to approve it on February 22, in honor of George Washington and that from then on that shall be the date of national elections for the proposed republic and also a national holiday.

If adopted, it shall go into effect on April 19, 1786 (anniversary of the Battle of Lexington) with a special election held that date, and all elected officials shall be seated on July 4, which shall be Inauguration Day henceforth. Next election will be held in 1789 (Legislature), with Presidential election next held in 1792.

[Kilani]

Hamilton is very much aware that current politics trend toward New York intervening in Vermont in the near future; as a result, he pockets the letters and outline of the prospective new nation and decides to await developments.

[TLS]

The response to the proposed Libertarian Constitution in the other states is, at best, mixed. Though drafted by a number of notables from across the region, there are no representatives on the body representing the men of Vermont, nor were any of those in attendance formally representing their states. Indeed, the governments of Connecticut, New Hampshire, and Rhode Island are almost instantly at odds with the proposals, and do their best to actively distribute the proposed constitution to drum up support for the existing system. In each state, opposition largely centers on the fact that the states themselves would be abolished by Massachusetts' gambit, but Bay Staters would remain the single largest force in government--particularly due to their overwhelming population advantage and county advantage [Note: As of 1785, Connecticut has 6 counties, NH, VT, and RI each have five, MA has 11, and ME has 3, for a total of 35].

Each state's particular response is below:

Rhode Island: Opposition to the proposed constitution is especially fierce in Rhode Island. The littlest state with the longest name spear-headed the effort to dismantle the Confederation, and worked closely with Samuel Adams to accomplish that feat. They are dismayed to see their one-time ally co-opted by the Bay State government, but this clearly betrays his Massachusetts chauvinism rather than any greater ideals. They also take particular insult at the constitution's subsumption of the right to bear arms into solely a state-granted dictate related solely to militia service, as well as the constitution's abolishing of slavery within their lands against their will. Rhode Island's vast freedoms and history of tolerance means that the Constitution is freely printed, and a small band of proponents are able to preach its utility, but the reception is overwhelmingly negative.

Connecticut: Connecticut is likewise concerned about the slavery provision as well as the cession of all claims beyond the western frontier. Connecticut takes great pride in the Western Reserve, which it has so recently obtained Virginian assurances in protecting, and views the west as key to its continued prosperity and relevance. The Nutmeggers are less concerned about the issue of rights, but also have no issue to see themselves play second-fiddle to the descendants of Puritans by virtue of the fact that Massachusetts simply has more people and counties.

New Hampshire: The New Hampshirites are furious at the inclusion of Vermont within the bounds of this so-called Libertaria, seeking to put this rebellious province on equal footing with the proud people of New Hampshire. It is not lost on them, either, that Massachusetts is seeking to abolish New Hampshire and borders it on the East and South. Furthermore, the New Hampshirites join the Rhode Islanders in taking great offense at the push to limit access to firearms by the free people of America, pointing at the Glorious Revolution of 1689 (against another New England consolidation scheme, they note) as the origin of the codification of the right to keep and bear arms against tyranny.

Vermont: The Vermonters, currently beset on two fronts by impending invasion and partition by eager neighbors, are less inclined to cite issues of constitutional niceties or the formalities of governance structure. Ideally, the Vermonters would seek to keep their state-level institutions and structures, but they primarily want to ensure self-governance and land rights in the face of invasion. After a decade of seeking to join the United States, and the death of that project, two alternatives begin to spread within the population: that of rejoining Britain or that of joining Massachusetts in their new scheme. Neither is ideal, but one involves subjugation to a foreign power and the other to joining a new and democratic polity.

Maine: The District of Maine currently feels under-represented and separated from the mainland of Massachusetts, and would welcome any move to increase its role in government. The Mainers are worried about the weakness of a divided New England in the face of potential British disputes, particularly up north, and are also worried about the prospect of being cut off by land due to a potential conflict with New Hampshire. As such, the Mainers are fairly quickly sold on the reasoning and rationality of the proposal.

Mid-Atlantic States (All the NPCs): The proposed Constitution of Libertaria is received as a largely misguided curiosity by those in the Mid-Atlantic, for similar reasons as raised in New England. The idea of abolishing the states, so soon after a push towards greater rights for those states, is seen as a monumental shift in the political balance in America. The hand of Thomas Paine, that firebrand English radical with no respect for ancient American and English rights, is seen everywhere. In the slaveholding states, especially, the document is seen as dangerous, and Maryland goes so far as to ban its publication and dissemination. Benjamin Franklin, however, notes its adoption with tempered approval, and furtively begins considering undertaking a study of Pennsyvlania's immediate neighborhood to gauge the appetite for closer collaboraiton.

[Galveston Bay]

Compromise options are offered regarding Counties (every state would have the same number, however the cities of Boston, Providence, and Hartford would be treated as counties as well).   A more open ended Amendment is suggested (essentially the 2nd Amendment as written).  

So the former Connecticut, Maine, Massachusetts, Rhode Island, and Vermont would each have 11 counties (55 total) with Connecticut, Rhode Island and Massachusetts getting 1 extra (for their cities).  Counties may be organized as current state legislatures see fit.  

Massachusetts is firm regarding the remainder of the document, although it is willing to consider a 20 year delay on the abolition of slavery in the cities of Hartford and Providence.  However under that revised provision, all children born after adoption are born free. 

The feeling that it is hard to say "All men are created equal" while maintaining slavery is very strong in Massachusetts. 

total 58 counties in all

A provision is offered to New Hampshire were land claimed but held by others (Massachusetts will not say squatters) will be assessed and fair market value offered to those who have valid title but have not occupied such.  In short, if someone seized land held by others, worked it, lives on it, instead of kicking them off, the Republic will reimburse the owners.   Such reimbursement will be through 25 year bonds.

[Lefty]

Thomas Jefferson, traveling abroad and frustrated by the lack of progress in Spain, takes interest in the new proposed government. While he writes to those in Massachusetts and the other states and expresses an interest, his duties to Virginia keep him from adequately responding.

In Virginia, opinion is divided on the matter. President Henry is publicly opposed to what is seen by him as a power grab by the Boston merchant class. Others, however, while not particularly interested in the schemes of Yankees, do see merit in greater cooperation between neighboring states. Most, however, see it as a triviality, worth discussing at dinner parties as a curiosity, but no more.

John Walker takes a keen interest in the matter, and ensures a steady stream of notes to Richmond. He also delivers a notice to the Connecticut General Assembly.

[TLS]

Compromise options are offered regarding Counties (every state would have the same number, however the cities of Boston, Providence, and Hartford would be treated as counties as well).   A more open ended Amendment is suggested (essentially the 2nd Amendment as written).  

So the former Connecticut, Maine, Massachusetts, Rhode Island, and Vermont would each have 11 counties (55 total) with Connecticut, Rhode Island and Massachusetts getting 1 extra (for their cities).  Counties may be organized as current state legislatures see fit.  

Massachusetts is firm regarding the remainder of the document, although it is willing to consider a 20 year delay on the abolition of slavery in the cities of Hartford and Providence.  However under that revised provision, all children born after adoption are born free. 

The feeling that it is hard to say "All men are created equal" while maintaining slavery is very strong in Massachusetts. 

total 58 counties in all

A provision is offered to New Hampshire were land claimed but held by others (Massachusetts will not say squatters) will be assessed and fair market value offered to those who have valid title but have not occupied such.  In short, if someone seized land held by others, worked it, lives on it, instead of kicking them off, the Republic will reimburse the owners.   Such reimbursement will be through 25 year bonds.

The response in Connecticut, Rhode Island, and New Hampshire remains cool, as, fundamentally, none of the states are willing to jeopardize their sovereignty under the patronage of Massachusetts, especially if it means separating into 11 atomized parts. Some of the smaller towns and regions are slightly more intrigued by the prospect of greater prominence, but not enough to currently outweigh their hundred-plus years of loyalty to their fellow statesmen. No matter how it is spun in terms of equality and New England brotherhood, each state is fundamentally interested in separate issues: the Nutmeggers cradle the dream of a Western empire, the Rhode Islanders cling to their fierce independence and view Massachusetts as a threat to their interests, while the New Hampshirites are now dead-set on reclaiming their land through might rather than being reduced to the same status as the mountain squatters.

In Vermont and Maine, however, the proposed changes are received eagerly. Support for the reform in Maine reaches a fever pitch, as the District of Maine now thoroughly subscribes to the notion that it must be treated equally to the rest of Massachusetts--and, even if no other state joins the new Constitution, the Mainers begin organizing in earnest to ensure that equality is brought to the Commonwealth. In Vermont the prospect of being seen as co-equal with Massachusetts in the Senate is welcomed, and the Vermonters begin more earnestly debating the possibility of adhering to the Libertarian project if and when they bring an end to the struggle against New Hampshire and New York. However, this increasing interest is marked by increasing realization that an actual war is on Vermont's doorstep. The most fervent advocates of New England unity begin couching their support in clear connections to support from the rest of New England for a war against the New Yorkers and the New Hampshirites.

[Galveston Bay]

The State of Massachusetts, although not without some grumbling and opposition, votes to hold a Ratification Election on February 22, 1786, with voting to be held in Massachusetts and the District of Maine. 

A special provision is added so that the hoped for participation of Connecticut, New Hampshire, Vermont, and Rhode Island can begin whenever they eventually see the advantages of the unification of New England.
 
the new republic will have the flag below

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