he was trapped and taken. At last the French were at hand. The Comte de
Grasse, with twenty-eight ships of the line, six frigates, and twenty
thousand men, was in the West Indies. Washington had begged him to come
at once either to New York or to the Chesapeake. In August he sent word
that he would come to the Chesapeake. Thereupon Washington once again
moved with the sudden directness he had shown at Trenton and Princeton.
Rochambeau was free now to lend him aid. With four thousand Frenchmen
and two thousand of his own continentals, Washington marched all the
long four hundred miles straightway to the York River, in Virginia.
There he found Cornwallis, as he had hoped and expected, already penned
between Grasse’s fleet in the bay and Lafayette’s trenches across the
peninsula. His six thousand men, added to Lafayette’s five thousand and
the three thousand put ashore from the fleet, made short work enough of
the siege, drawn closer and closer about the British; and by the 19th of
October (1781) they accepted the inevitable and surrendered. The gallant
Cornwallis himself could not withhold an expression of his admiration for
the quick, consummate execution of the plans which had undone him, and
avowed it with manly frankness to Washington. “But, after all,” he cried,
“your Excellency’s achievements in New Jersey were such that nothing
could surpass them.” He liked the mastery by which he had been outplayed
and taken.
Here our general _authorities_ are the same as for the period
covered by the last chapter. But to these we now add Edward
J. Lowell’s _The United States of America, 1775-1782_, in the
seventh volume of Winsor’s _Narrative and Critical History
of America_; John Jay’s _Peace Negotiations, 1782-1783_, in
the same volume of Winsor; G. W. Greene’s _Historical View
of the American Revolution_; the second volume of W. B.
Weeden’s _Economic and Social History of New England_; P. O.
Hutchinson’s _Life and Letters of Thomas Revolution_; Lorenzo
Sabine’s _Biographical Sketches of Adherents to the British
Crown_; George E. Ellis’s _The Loyalists and their Fortunes_,
in the seventh volume of Winsor; Edward E. Hale’s _Franklin
in France_; George Ticknor Curtis’s _Constitutional History
of the United States_; and William H. Trescot’s _Diplomacy of
the American Revolution_. Abundant references to authorities
on the several campaigns of the revolutionary war may be found
in Albert B. Hart and Edward Channing’s _Guide to American
History_, an invaluable manual.
The _sources_ for the period may be found in the contemporary
pamphlets, speeches, and letters published at the time
and since, among which may be mentioned, as of unusual
individuality, Thomas Paine’s celebrated pamphlet entitled
_Common Sense_, the writings of Joseph Galloway, some of which
are reproduced in Stedman and Hutchinson’s _Library of American
Literature_, and St. John de Crevecœur’s _Letters from an
American Farmer_. Here again we rely, too, on the _Journals of
Congress_ and the _Secret Journals of Congress_; the _Debates
of Parliament_; Peter Force’s _American Archives_; Hezekiah
Niles’s _Principles and Acts of the Revolution in America_;
_The Annual Register_; Jared Sparks’s _Correspondence of the
American Revolution_ and _Diplomatic Correspondence of the
American Revolution_; Francis Wharton’s _The Revolutionary
Diplomatic Correspondence of the United States_; Thomas
Anburey’s _Travels through the Interior Parts of America
(1776-1781)_; the Marquis de Chastellux’s _Travels in North
America in the Years 1780, 1781, and 1782_; and the _Memoirs_
and _Collections_ of the Historical Societies of the several
original states.
APPENDIX
ARTICLES OF CONFEDERATION OF THE NEW ENGLAND COLONIES
Betweene the plantations vnder the Gouernment of the
Massachusetts, the Plantacons vnder the Gouernment of New
Plymouth, the Plantacons vnder the Gouernment of Connectacutt,
and the Gouernment of New Haven with the Plantacons in
combinacon therewith
WHEREAS wee all came into these parts of America with one and the same
end and ayme, namely, to advaunce the kingdome of our Lord Jesus Christ,
and to enjoy the liberties of the Gospell in puritie with peace. And
whereas in our settleinge (by a wise Providence of God) we are further
dispersed vpon the Sea Coasts and Riuers then was at first intended, so
that we cannot according to our desire, with convenience communicate in
one Gouernment and Jurisdiccon. And whereas we live encompassed with
people of seuerall Nations and strang languages which heareafter may
proue injurious to vs or our posteritie. And forasmuch as the Natives
have formerly committed sondry insolences and outrages vpon seueral
Plantacons of the English and have of late combined themselues against
vs. And seing by reason of those sad Distraccons in England, which
they have heard of, and by which they know we are hindred from that
humble way of seekinge advise or reapeing those comfortable fruits of
protection which at other tymes we might well expecte. Wee therefore
doe conceiue it our bounden Dutye without delay to enter into a present
consotiation amongst our selues for mutual help and strength in all
our future concernements: That as in Nation and Religion, so in other
Respects we bee and continue one according to the tenor and true meaninge
of the ensuing Articles: Wherefore it is fully agreed and concluded by
and betweene the parties or Jurisdiccons aboue named, and they joyntly
and seuerally doe by these presents agreed and concluded that they all
bee, and henceforth bee called by the Name of the United Colonies of
New-England.
II. The said United Colonies, for themselues and their posterities, do
joyntly and seuerally, hereby enter into a firme and perpetuall league
of friendship and amytie, for offence and defence, mutuall advise and
succour, vpon all just occations, both for preserueing and propagateing
the truth and liberties of the Gospel, and for their owne mutuall safety
and wellfare.
III. It is futher agreed That the Plantacons which at present are or
hereafter shalbe settled within the limmetts of the Massachusetts, shalbe
forever vnder the Massachusetts, and shall have peculiar Jurisdiccon
among themselues in all cases as an entire Body, and that Plymouth,
Connecktacutt, and New Haven shall eich of them haue like peculier
Jurisdiccon and Gouernment within their limmetts and in referrence to the
Plantacons which already are settled or shall hereafter be erected or
shall settle within their limmetts respectiuely; prouided that no other
Jurisdiccon shall hereafter be taken in as a distinct head or member
of this Confederacon, nor shall any other Plantacon or Jurisdiccon in
present being and not already in combynacon or vnder the Jurisdiccon of
any of these Confederats be received by any of them, nor shall any two
of the Confederats joyne in one Jurisdiccon without consent of the rest,
which consent to be interpreted as is expressed in the sixth Article
ensuinge.
IV. It is by these Confederats agreed that the charge of all just
warrs, whether offensiue or defensiue, upon what part or member of this
Confederaccon soever they fall, shall both in men and provisions, and
all other Disbursements, be borne by all the parts of this Confederacon,
in different proporcons according to their different abilitie, in manner
following, namely, that the Commissioners for eich Jurisdiccon from
tyme to tyme, as there shalbe occation, bring a true account and number
of all the males in every Plantacon, or any way belonging to, or under
their seuerall Jurisdiccons, of what quality or condicion soeuer they
bee, from sixteene yeares old to threescore, being Inhabitants there. And
That according to the different numbers which from tyme to tyme shalbe
found in eich Jurisdiccon, upon a true and just account, the service of
men and all charges of the warr be borne by the Poll: Eich Jurisdiccon,
or Plantacon, being left to their owne just course and custome of rating
themselues and people according to their different estates, with due
respects to their qualites and exemptions among themselues, though the
Confederacon take no notice of any such priviledg: And that according
to their differrent charge of eich Jurisdiccon and Plantacon, the whole
advantage of the warr (if it please God to bless their Endeavours)
whether it be in lands, goods or persons, shall be proportionably deuided
among the said Confederats.
V. It is further agreed That if any of these Jurisdiccons, or any
Plantacons vnder it, or in any combynacon with them be envaded by any
enemie whomsoeuer, vpon notice and request of any three majestrats of
that Jurisdiccon so invaded, the rest of the Confederates, without
any further meeting or expostulacon, shall forthwith send ayde to
the Confederate in danger, but in different proporcons; namely, the
Massachusetts an hundred men sufficiently armed and provided for such
a service and jorney, and eich of the rest fourty-fiue so armed and
provided, or any lesse number, if lesse be required, according to this
proporcon. But if such Confederate in danger may be supplyed by their
next Confederate, not exceeding the number hereby agreed, they may
craue help there, and seeke no further for the present. The charge to
be borne as in this Article is exprest: And, at the returne, to be
victualled and supplyed with poder and shott for their journey (if there
be neede) by that Jurisdiccon which employed or sent for them: But none
of the Jurisdiccons to exceed these numbers till by a meeting of the
Commissioners for this Confederacon a greater ayd appeare necessary.
And this proporcon to continue, till upon knowledge of greater numbers
in eich Jurisdiccon which shalbe brought to the next meeting some other
proporcon be ordered. But in any such case of sending men for present ayd
whether before or after such order or alteracon, it is agreed that at the
meeting of the Commissioners for this Confederacon, the cause of such
warr or invasion be duly considered: And if it appeare that the fault
lay in the parties so invaded, that then that Jurisdiccon or Plantacon
make just Satisfaccon, both to the Invaders whom they have injured, and
beare all the charges of the warr themselves without requireing any
allowance from the rest of the Confederats towards the same. And further,
that if any Jurisdiccon see any danger of any Invasion approaching, and
there be tyme for a meeting, that in such case three majestrats of that
Jurisdiccon may summon a meeting at such convenyent place as themselues
shall think meete, to consider and provide against the threatned danger,
Provided when they are met they may remoue to what place they please,
Onely whilst any of these foure Confederats have but three majestrats in
their Jurisdiccon, their request or summons from any two of them shalbe
accounted of equall force with the three mentoned in both the clauses of
this Article, till there be an increase of majestrats there.
VI. It is also agreed that for the mannaging and concluding of all
affairs proper and concerneing the whole Confederacon, two Commissioners
shalbe chosen by and out of eich of these foure Jurisdiccons, namely,
two for the Mattachusetts, two for Plymouth, two for Connectacutt and
two for New Haven; being all in Church fellowship with us, which shall
bring full power from their seuerall generall Courts respectively to
heare, examine, weigh and determine all affaires of our warr or peace,
leagues, ayds, charges and numbers of men for warr, divission of spoyles
and whatsoever is gotten by conquest, receiueing of more Confederats for
plantacons into combinacon with any of the Confederates, and all thinges
of like nature which are the proper concomitants or consequence of such
a confederacon, for amytie, offence and defence, not intermeddleing with
the gouernment of any of the Jurisdiccons which by the third Article is
preserued entirely to themselves. But if these eight Commissioners, when
they meete, shall not all agree, yet it is concluded that any six of the
eight agreeing shall have power to settle and determine the business in
question: But if six do not agree, that then such proposicons with their
reasons, so farr as they have beene debated, be sent and referred to the
foure generall Courts, vizt. the Mattachusetts, Plymouth, Connectacutt,
and New Haven: And if at all the said Generall Courts the businesse so
referred be concluded, then to bee prosecuted by the Confederates and all
their members. It is further agreed that these eight Commissioners shall
meete once every yeare, besides extraordinary meetings (according to the
fift Article) to consider, treate and conclude of all affaires belonging
to this Confederacon, which meeting shall ever be the first Thursday in
September. And that the next meeting after the date of these presents,
which shalbe accounted the second meeting, shalbe at Bostone in the
Massachusetts, the third at Hartford, the fourth at New Haven, the fift
at Plymouth, the sixt and seaventh at Bostone. And then Hartford, New
Haven and Plymouth, and so in course successiuely, if in the meane tyme
some middle place be not found out and agreed on which may be commodious
for all the jurisdiccons.
VII. It is further agreed that at eich meeting of these eight
Commissioners, whether ordinary or extraordinary, they, or six of them
agreeing, as before, may choose their President out of themselues, whose
office and worke shalbe to take care and direct for order and a comely
carrying on of all proceedings in the present meeting. But he shalbe
invested with no such power or respect as by which he shall hinder the
propounding or progresse of any businesse, or any way cast the Scales,
otherwise then in the precedent Article is agreed.
VIII. It is also agreed that the Commissioners for this Confederacon
hereafter at their meetings, whether ordinary or extraordinary, as they
may have commission or opertunitie, do endeavoure to frame and establish
agreements and orders in generall cases of a civill nature wherein all
the plantacons are interested for preserving peace among themselves,
and preventing as much as may bee all occations of warr or difference
with others, as about the free and speedy passage of Justice in every
Jurisdiccon, to all the Confederats equally as their owne, receiving
those that remoue from one plantacon to another without due certefycats;
how all the Jurisdiccons may carry it towards the Indians, that they
neither grow insolent nor be injured without due satisfaccion, lest warr
break in vpon the Confederates through such miscarryage. It is also
agreed that if any servant runn away from his master into any other of
these confederated Jurisdiccons, That in such Case, vpon the Certyficate
of one Majistrate in the Jurisdiccon out of which the said servant fled,
or upon other due proofe, the said servant shalbe deliuered either to
his Master or any other that pursues and brings such Certificate or
proofe. And that vpon the escape of any prisoner whatsoever or fugitiue
for any criminal cause, whether breaking prison or getting from the
officer or otherwise escaping, upon the certificate of two Majistrats of
the Jurisdiccon out of which the escape is made that he was a prisoner
or such an offender at the tyme of the escape. The Majestrates or some
of them of that Jurisdiccon where for the present the said prisoner or
fugitive abideth shall forthwith graunt such a warrant as the case will
beare for the apprehending of any such person, and the delivery of him
into the hands of the officer or other person that pursues him. And if
there be help required for the safe returneing of any such offender, then
it shalbe graunted to him that craves the same, he paying the charges
thereof.
IX. And for that the justest warrs may be of dangerous consequence,
espetially to the smaler plantacons in these vnited Colonies, It is
agreed that neither the Massachusetts, Plymouth, Connectacutt nor
New-Haven, nor any of the members of any of them shall at any tyme
hereafter begin, undertake, or engage themselues or this Confederacon,
or any part thereof in any warr whatsoever (sudden exegents with the
necessary consequents thereof excepted, which are also to be moderated
as much as the case will permit) without the consent and agreement of
the forenamed eight Commissioners, or at least six of them, as in the
sixt Article is provided: And that no charge be required of any of the
Confederats in case of a defensiue warr till the said Commissioners haue
mett and approued the justice of the warr, and have agreed vpon the sum
of money to be levyed, which sum is then to be payd by the severall
Confederates in proporcon according to the fourth Article.
X. That in extraordinary occations when meetings are summoned by three
Majistrats of any Jurisdiccon, or two as in the fift Article, If any
of the Commissioners come not, due warneing being given or sent, It is
agreed that foure of the Commissioners shall have power to direct a warr
which cannot be delayed and to send for due proporcons of men out of eich
Jurisdiccon, as well as six might doe if all mett; but not less than six
shall determine the justice of the warr or allow the demanude of bills of
charges or cause any levies to be made for the same.
XI. It is further agreed that if any of the Confederates shall hereafter
break any of these present Articles, or be any other wayes injurious to
any one of thother Jurisdiccons, such breach of Agreement, or injurie,
shalbe duly considered and ordered by the Commissioners for thother
Jurisdiccons, that both peace and this present Confederacon may be
entirely preserued without violation.
XII. Lastly, this perpetuall Confederacon and the several Articles and
Agreements thereof being read and seriously considered, both by the
Generall Court for the Massachusetts, and by the Commissioners for
Plymouth, Connectacutt and New Haven, were fully allowed and confirmed
by three of the forenamed Confederates, namely, the Massachusetts,
Connectacutt and New-Haven, Onely the Commissioners for Plymouth, having
no Commission to conclude, desired respite till they might advise with
their Generall Court, wherevpon it was agreed and concluded by the said
court of the Massachusetts, and the Commissioners for the other two
Confederates, That if Plymouth Consent, then the whole treaty as it
stands in these present articles is and shall continue firme and stable
without alteracon: But if Plymouth come not in, yet the other three
Confederates doe by these presents confirme the whole Confederacon and
all the Articles thereof, onely, in September next, when the second
meeting of the Commissioners is to be at Bostone, new consideracon may
be taken of the sixt Article, which concernes number of Commissioners
for meeting and concluding the affaires of this Confederacon to the
satisfaccon of the court of the Massachusetts, and the Commissioners for
thother two Confederates, but the rest to stand vnquestioned.
In testymony whereof, the Generall Court of the Massachusetts by their
Secretary, and the Commissioners for Connectacutt and New-Haven haue
subscribed these presente articles, this xixth of the third month,
commonly called May, Anno Domini, 1643.
At a Meeting of the Commissioners for the Confederacon, held at Boston,
the Seaventh of September. It appeareing that the Generall Court of New
Plymouth, and the severall Towneships thereof have read, considered and
approoued these articles of Confederacon, as appeareth by Comission from
their Generall Court beareing Date the xxixth of August, 1643, to Mr.
Edward Winslowe and Mr. Will Collyer, to ratifye and confirme the same
on their behalf, wee therefore, the Comissioners for the Mattachusetts,
Conecktacutt and New Haven, doe also for our seuerall Gouernments,
subscribe vnto them.
JOHN WINTHROP, Governor of Massachusetts,
THO. DUDLEY,
THEOPH. EATON,
GEO. FENWICK,
EDWA. HOPKINS,
THOMAS GREGSON.
PENN’S PLAN OF UNION—1697.
MR. PENN’S PLAN FOR A UNION OF THE COLONIES IN AMERICA.
A Briefe and Plaine Scheam how the English Colonies in the North parts of
America, viz.: Boston, Connecticut, Road Island, New York, New Jerseys,
Pensilvania, Maryland, Virginia, and Carolina may be made more usefull
to the Crowne, and one another’s peace and safty with an universall
concurrence.
1st. That the severall Colonies before mentioned do meet once a year,
and oftener if need be, during the war, and at least once in two years
in times of peace, by their stated and appointed Deputies, to debate
and resolve of such measures as are most adviseable for their better
understanding, and the public tranquility and safety.
2d. That in order to it two persons well qualified for sence, sobriety
and substance be appointed by each Province, as their Representatives
or Deputies, which in the whole make the Congress to consist of twenty
persons.
3d. That the King’s Commissioner for that purpose specially appointed
shall have the chaire and preside in the said Congresse.
4th. That they shall meet as near as conveniently may be to the most
centrall Colony for use of the Deputies.
5th. Since that may in all probability, be New York both because it is
near the Center of the Colonies and for that it is a Frontier and in the
King’s nomination, the Govr. of that Colony may therefore also be the
King’s High Commissioner during the Session after the manner of Scotland.
6th. That their business shall be to hear and adjust all matters of
Complaint or difference between Province and Province. As, 1st, where
persons quit their own Province and goe to another, that they may avoid
their just debts, tho they be able to pay them, 2nd, where offenders
fly Justice, or Justice cannot well be had upon such offenders in the
Provinces that entertaine them, 3dly, to prevent or cure injuries in
point of Commerce, 4th, to consider of ways and means to support the
union and safety of these Provinces against the publick enemies. In which
Congresse the Quotas of men and charges will be much easier, and more
equally sett, then it is possible for any establishment made here to do;
for the Provinces, knowing their own condition and one another’s, can
debate that matter with more freedome and satisfaction and better adjust
and ballance their affairs in all respects for their common safty.
7ly. That in times of war the King’s High Commissioner shall be generall
or chief Commander of the severall Quotas upon service against a common
enemy as he shall be advised, for the good and benefit of the whole.
FRANKLIN’S PLAN OF UNION—1754.
Plan of a proposed Union of the several Colonies of Massachusetts-Bay,
New Hampshire, Connecticut, Rhode Island, New-York, New-Jersey,
Pennsylvania, Maryland, Virginia, North Carolina, and South Carolina for
their mutual Defence and Security, and for the extending the British
Settlements in North America.
That humble application be made for an act of Parliament of Great
Britain, by virtue of which one general government may be formed in
America, including all the said Colonies, within and under which
government each Colony may retain its present constitution, except in
the particulars wherein a change may be directed by the said act, as
hereafter follows.
PRESIDENT-GENERAL AND GRAND COUNCIL.
That the said general government be administered by a President-General,
to be appointed and supported by the crown; and a Grand Council to be
chosen by the representatives of the people of the several Colonies met
in their respective assemblies.
It was thought that it would be best the President-General
should be supported as well as appointed by the crown, that
so all disputes between him and the Grand-Council concerning
his salary might be prevented; as such disputes have been
frequently of mischievous consequence in particular Colonies,
especially in time of public danger. The quit-rents of crown
lands in America might in a short time be sufficient for this
purpose. The choice of members for the Grand-Council is placed
in the House of Representatives of each government, in order to
give the people a share in this new general government, as the
crown has its share by the appointment of the President-General.
But it being proposed by the gentlemen of the Council of New
York, and some other counsellors among the commissioners, to
alter the plan in this particular, and to give the governors
and councils of the several Provinces a share in the choice
of the Grand-Council, or at least a power of approving and
confirming, or of disallowing, the choice made by the House
of Representatives, it was said,—“That the government or
constitution, proposed to be formed by the plan, consists of
two branches: a President-General appointed by the crown,
and a Council chosen by the people, or by the people’s
representatives, which is the same thing.
“That, by a subsequent article, the council chosen by
the people can effect nothing without the consent of the
President-General appointed by the crown; the crown possesses,
therefore, full one half of the power of this constitution.
“That in the British constitution, the crown is supposed to
possess but one third, the Lords having their share.
“That the constitution seemed rather more favorable for the
crown.
“That it is essential to English liberty that the subject
should not be taxed but by his own consent, or the consent of
his elected representatives.
“That taxes to be laid and levied by this proposed constitution
will be proposed and agreed to by the representatives of the
people, if the plan in this particular be preserved.
“But if the proposed alteration should take place, it seemed as
if matters may be so managed, as that the crown shall finally
have the appointment, not only of the President-General, but
of a majority of the Grand-Council; for seven out of eleven
governors and councils are appointed by the crown.
“And so the people in all the Colonies would in effect be taxed
by their governors.
“It was therefore apprehended, that such alterations of the
plan would give great dissatisfaction, and that the Colonies
could not be easy under such a power in governors, and such an
infringement of what they take to be English liberty.
“Besides, the giving a share in the choice of the Grand
Council would not be equal with respect to all the Colonies,
as their constitutions differ. In some, both governor and
council are appointed by the crown. In others, they are both
appointed by the proprietors. In some, the people have a
share in the choice of the council; in others, both government
and council are wholly chosen by the people. But the House
of Representatives is everywhere chosen by the people; and,
therefore, placing the right of choosing the Grand Council in
the representatives is equal with respect to all.
“That the Grand Council is intended to represent all the
several Houses of Representatives of the Colonies, as a House
of Representatives doth the several towns or counties of a
Colony. Could all the people of a Colony be consulted and
unite in public measures, a House of Representatives would be
needless, and could all the Assemblies consult and unite in
general measures, the Grand Council would be unnecessary.
“That a House of Commons or the House of Representatives, and
the Grand Council are alike in their nature and intention.
And, as it would seem improper that the King or House of Lords
should have a power of disallowing or appointing Members of the
House of Commons; so, likewise, that a governor and council
appointed by the crown should have a power of disallowing
or appointing members of the Grand Council, who, in this
constitution, are to be the representatives of the people.
“If the governor and councils therefore were to have a share in
the choice of any that are to conduct this general government,
it should seem more proper that they should choose the
President-General. But this being an office of great trust and
importance to the nation, it was thought better to be filled by
the immediate appointment of the crown.
“The power proposed to be given by the plan to the Grand
Council is only a concentration of the powers of the several
assemblies in certain points for the general welfare; as the
power of the President-General is of the several governors in
the same point.
“And as the choice therefore of the Grand Council, by the
representatives of the people, neither gives the people any new
powers, nor diminishes the power of the crown, it was thought
and hoped the crown would not disapprove of it.”
Upon the whole, the commissioners were of opinion, that the
choice was most properly placed in the representatives of the
people.
ELECTION OF MEMBERS.
That within ____ months after the passing such act, the House of
Representatives that happens to be sitting within that time, or that
shall be especially for that purpose convened, may and shall choose
members for the Grand Council, in the following proportion, that is to
say,
Massachusetts Bay 7
New Hampshire 2
Connecticut 5
Rhode Island 2
New York 4
New Jersey 3
Pennsylvania 6
Maryland 4
Virginia 7
North Carolina 4
South Carolina 4
--
48
It was thought, that if the least Colony was allowed two, and
the others in proportion, the number would be very great,
and the expense heavy; and that less than two would not be
convenient, as, a single person being by any accident prevented
appearing at the meeting, the Colony he ought appear for would
not be represented. That, as the choice was not immediately
popular, they would be generally men of good abilities for
business, and men of reputation for integrity, and that
forty-eight such men might be a number sufficient. But, though
it was thought reasonable that each Colony should have a share
in the representative body in some degree according to the
proportion it contributed to the general treasury, yet the
proportion of wealth or power of the Colonies is not to be
judged by the proportion here fixed: because it was at first
agreed, that the greatest Colony should not have more than
seven members, nor the least less than two; and the setting
these proportions between these two extremes was not nicely
attended to, as it would find itself, after the first election,
from the sum brought into the treasury by a subsequent article.
PLACE OF FIRST MEETING.
—Who shall meet for the first time at the city of Philadelphia in
Pennsylvania, being called by the President-General as soon as
conveniently may be after his appointment.
Philadelphia was named as being nearer the centre of the
Colonies, where the commissioners would be well and cheaply
accommodated. The high roads, through the whole extent, are for
the most part very good, in which forty or fifty miles a day
may very well be, and frequently are, travelled. Great part
of the way may likewise be gone by water. In summer time, the
passages are frequently performed in a week from Charleston to
Philadelphia and New York, and from Rhode Island to New York
through the Sound, in two or three days, and from New York to
Philadelphia, by water and land, in two days, by stage boats,
and street carriages that set out every other day. The journey
from Charleston to Philadelphia may likewise be facilitated by
boats running up Chesapeake Bay three hundred miles. But if
the whole journey be performed on horseback, the most distant
members, viz., the two from New Hampshire and from South
Carolina, may probably render themselves at Philadelphia in
fifteen or twenty days; the majority may be there in much less
time.
NEW ELECTION.
That there shall be a new election of the members of the Grand Council
every three years; and, on the death or resignation of any member, his
place should be supplied by a new choice at the next sitting of the
Assembly of the Colony he represented.
Some Colonies have annual assemblies, some continue during
a governor’s pleasure; three years was thought a reasonable
medium as affording a new member time to improve himself in the
business, and to act after such improvement, and yet giving
opportunities, frequently enough, to change him if he has
misbehaved.
PROPORTION OF MEMBERS AFTER THE FIRST THREE YEARS.
That after the first three years, when the proportion of money arising
out of each Colony to the general treasury can be known, the number of
members to be chosen for each Colony shall, from time to time, in all
ensuing elections, be regulated by that proportion, yet so as that the
number to be chosen by any one Province be not more than seven, nor less
than two.
By a subsequent article, it is proposed that the General
Council shall lay and levy such general duties as to them may
appear most equal and least burdensome, etc. Suppose, for
instance, they lay a small duty or excise on some commodity
imported into or made in the Colonies, and pretty generally
and equally used in all of them, as rum, perhaps, or wine; the
yearly produce of this duty or excise, if fairly collected,
would be in some Colonies greater, in others less, as the
Colonies are greater or smaller. When the collector’s accounts
are brought in, the proportions will appear; and from them it
is proposed to regulate the proportion of the representatives
to be chosen at the next general election, within the limits,
however, of seven and two. These numbers may therefore vary
in the course of years, as the Colonies may in the growth and
increase of people. And thus the quota of tax from each Colony
would naturally vary with its circumstances, thereby preventing
all disputes and dissatisfaction about the just proportions
due from each, which might otherwise produce pernicious
consequences, and destroy the harmony and good agreement that
ought to subsist between the several parts of the Union.
MEETINGS OF THE GRAND COUNCIL AND CALL.
That the Grand Council shall meet once in every year, and oftener if
occasion require, at such time and place as they shall adjourn to at the
last preceding meeting, or as they shall be called to meet at by the
President-General on any emergency; he having first obtained in writing
the consent of seven of the members to such call, and sent due and timely
notice to the whole.
It was thought, in establishing and governing new Colonies
or settlements, or regulating Indian trade, Indian treaties,
etc., there would, every year, sufficient business arise to
require at least one meeting, and at such meeting many things
might be suggested for the benefit of all the Colonies. This
annual meeting may either be at a time and place certain, to
be fixed by the President-General and Grand Council at their
first meeting; or left at liberty, to be at such time and place
as they shall adjourn to, or be called to meet at, by the
President-General.
In time of war, it seems convenient that the meeting should be
in that colony which is nearest the seat of action.
The power of calling them on any emergency seemed necessary to
be vested in the President-General; but, that such power might
not be wantonly used to harass the members, and oblige them to
make frequent long journeys to little purpose, the consent of
seven at least to such call was supposed a convenient guard.
CONTINUANCE.
That the Grand Council have power to choose their speaker; and shall
neither be dissolved, prorogued, nor continued sitting longer than six
weeks at one time, without their own consent or the special command of
the crown.
The speaker should be presented for approbation; it being
convenient, to prevent misunderstandings and disgusts, that the
mouth of the Council should be a person agreeable, if possible,
to the Council and President-General.
Governors have sometimes wantonly exercised the power of
proroguing or continuing the sessions of assemblies, merely
to harass the members and compel a compliance; and sometimes
dissolve them on slight disgusts. This it was feared might be
done by the President-General, if not provided against; and
the inconvenience and hardship would be greater in the general
government than in particular Colonies, in proportion to the
distance the members must be from home during sittings, and the
long journeys some of them must necessarily take.
MEMBER’S ALLOWANCE.
That the members of the Grand Council shall be allowed for their service
ten shillings per diem, during their session and journey to and from the
place of meeting; twenty miles to be reckoned a day’s journey.
It was thought proper to allow some wages, lest the expense
might deter some suitable persons from the service; and not
to allow too great wages, lest unsuitable persons should be
tempted to cabal for the employment, for the sake of gain.
Twenty miles were set down as a day’s journey, to allow for
accidental hindrances on the road, and the greater expenses of
travelling than residing at the place of meeting.
ASSENT OF PRESIDENT-GENERAL AND HIS DUTY.
That the assent of the President-General be requisite to all acts of the
Grand Council, and that it be his office and duty to cause them to be
carried into execution.
The assent of the President-General to all acts of the Grand
Council was made necessary in order to give the crown its due
share of influence in this government, and connect it with that
of Great Britain. The President-General, besides one half of
the legislative power, hath in his hands the whole executive
power.
POWER OF PRESIDENT-GENERAL AND GRAND COUNCIL, TREATIES OF PEACE AND WAR.
That the President-General, with the advice of the Grand Council, hold or
direct all Indian treaties, in which the general interest of the Colonies
may be concerned, and make peace or declare war with Indian nations.
The power of making peace or war with Indian nations is at
present supposed to be in every Colony, and is expressly
granted to some by charter, so that no new power is hereby
intended to be granted to the Colonies. But as, in consequence
of this power, one Colony might make peace with a nation that
another was justly engaged in war with; or make war on slight
occasion without the concurrence or approbation of neighboring
Colonies, greatly endangered by it; or make particular treaties
of neutrality in case of a general war, to their own private
advantage in trade, by supplying the common enemy, of all which
there have been instances, it was thought better to have all
treaties of a general nature under a general direction, that so
the good of the whole may be consulted and provided for.
INDIAN TRADE.
That they make such laws as they judge necessary for regulating all
Indian trade.
Many quarrels and wars have arisen between the colonies and
Indian nations, through the bad conduct of traders, who cheat
the Indians after making them drunk, etc., to the great expense
of the colonies, both in blood and treasure. Particular
colonies are so interested in the trade, as not to be willing
to admit such a regulation as might be best for the whole; and
therefore it was thought best under a general direction.
INDIAN PURCHASES.
That they make all purchases from Indians, for the crown, of lands not
now within the bounds of particular colonies, or that shall not be within
their bounds when some of them are reduced to more convenient dimensions.
Purchases from the Indians, made by private persons, have
been attended with many inconveniences. They have frequently
interfered and occasioned uncertainty of titles, many disputes
and expensive lawsuits, and hindered the settlement of the land
so disputed. Then the Indians have been cheated by such private
purchases, and discontent and wars have been the consequence.
These would be prevented by public fair purchases.
Several of the Colony charters in America extend their bounds
to the South Sea, which may perhaps be three or four thousand
miles in length to one or two hundred miles in breadth. It
is supposed they must in time be reduced to dimensions more
convenient for the common purposes of government.
Very little of the land in these grants is yet purchased of the
Indians.
It is much cheaper to purchase of them, than to take and
maintain the possession by force; for they are generally very
reasonable in their demands for land; and the expense of
guarding a large frontier against their incursions is vastly
great; because all must be guarded, and always guarded, as we
know not where or when to expect them.
NEW SETTLEMENTS.
That they make new settlements on such purchases by granting lands in
the King’s name, reserving a quit-rent to the crown for the use of the
general treasury.
It is supposed better that there should be one purchaser than
many; and that the crown should be that purchaser, or the Union
in the name of the crown. By this means the bargains may be
more easily made, the price not enhanced by numerous bidders,
future disputes about private Indian purchases, and monopolies
of vast tracts to particular persons (which are prejudicial to
the settlement and peopling of the country), prevented; and,
the land being again granted in small tracts to the settlers,
the quit-rents reserved may in time become a fund for support
of government, for defence of the country, ease of taxes, etc.
Strong forts on the Lakes, the Ohio, etc., may, at the same
time they secure our present frontiers, serve to defend new
colonies settled under their protection; and such colonies
would also mutually defend and support such forts, and better
secure the friendship of the far Indians.
A particular colony has scarce strength enough to exert itself
by new settlements, at so great a distance from the old; but
the joint force of the Union might suddenly establish a new
colony or two in those parts, or extend an old colony to
particular passes, greatly to the security of our present
frontiers, increase of trade and people, breaking off the
French communication between Canada and Louisiana, and speedy
settlement of the intermediate lands.
The power of settling new colonies is therefore thought a
valuable part of the plan, and what cannot so well be executed
by two unions as by one.
LAWS TO GOVERN THEM.
That they make laws for regulating and governing such new settlements,
till the crown shall think fit to form them into particular governments.
The making of laws suitable for the new colonies, it was
thought, would be properly vested in the president-general
and grand council; under whose protection they must at first
necessarily be, and who would be well acquainted with their
circumstances, as having settled them. When they are become
sufficiently populous, they may by the crown be formed into
complete and distinct governments.
The appointment of a sub-president by the crown, to take place
in case of the death or absence of the president-general,
would perhaps be an improvement of the plan; and if all the
governors of particular provinces were to be formed into a
standing council of state, for the advice and assistance of the
president-general, it might be another considerable improvement.
RAISE SOLDIERS, AND EQUIP VESSELS, ETC.
That they raise and pay soldiers and build forts for the defence of any
of the colonies, and equip vessels of force to guard the coasts and
protect the trade on the ocean, lakes, or great rivers; but they shall
not impress men in any colony, without the consent of the legislature.
It was thought, that quotas of men, to be raised and paid by
the several colonies, and joined for any public service, could
not always be got together with the necessary expedition.
For instance, suppose one thousand men should be wanted in
New Hampshire on any emergency. To fetch them by fifties
and hundreds out of every colony, as far as South Carolina,
would be inconvenient, the transportation chargeable, and the
occasion perhaps passed before they could be assembled; and
therefore it would be best to raise them (by offering bounty
money and pay) near the place where they would be wanted, to be
discharged again when the service should be over.
Particular colonies are at present backward to build forts
at their own expense, which they say will be equally useful
to their neighboring colonies, who refuse to join, on a
presumption that such forts will be built and kept up, though
they contribute nothing. This unjust conduct weakens the whole;
but, the forts being for the good of the whole, it was thought
best they should be built and maintained by the whole, out of
the common treasury.
In the time of war, small vessels of force are sometimes
necessary in the colonies to scour the coasts of small
privateers. These being provided by the Union will be an
advantage in turn to the colonies which are situated on the
sea, and whose frontiers on the land-side, being covered by
other colonies, reap but little immediate benefit from the
advanced forts.
POWER TO MAKE LAWS, LAY DUTIES, ETC.
That for these purposes they have power to make laws and lay and levy
such general duties, imposts or taxes, as to them shall appear most
equal and just (considering the ability and other circumstances of the
inhabitants in the several colonies), and such as may be collected with
the least inconvenience to the people; rather discouraging luxury, than
loading industry with unnecessary burdens.
The laws which the president-general and grand council are
empowered to make are such only as shall be necessary for
the government of the settlements; the raising, regulating,
and paying soldiers for the general service; the regulating
of Indian trade; and laying and collecting the general
duties and taxes. They should also have a power to restrain
the exportation of provisions to the enemy from any of the
colonies, on particular occasions, in time of war. But it is
not intended that they may interfere with the constitution or
government of the particular colonies, who are to be left to
their own laws, and to lay, levy and apply their own taxes as
before.
GENERAL TREASURER AND PARTICULAR TREASURER.
That they may appoint a General Treasurer, and Particular Treasurer in
government when necessary; and, from time to time, may order the sums in
the treasuries of each government into the general treasury, or draw on
them for special payments, as they find most convenient.
The treasurers here meant are only for the general funds and
not for the particular funds of each colony, which remain in
the hands of their own treasurers at their own disposal.
MONEY, HOW TO ISSUE.
Yet no money to issue but by joint orders of the President-General and
Grand Council, except where sums have been appointed to particular
purposes, and the President-General is previously empowered by an act to
draw such sums.
To prevent misapplication of the money, or even application
that might be dissatisfactory to the crown or the people, it
was thought necessary to join the president-general and grand
council in all issues of money.
ACCOUNTS.
That the general accounts shall be yearly settled and reported to the
several Assemblies.
By communicating the accounts yearly to each Assembly, they
will be satisfied of the prudent and honest conduct of their
representatives in the grand council.
QUORUM.
That a quorum of the Grand Council, empowered to act with the
President-General, do consist of twenty-five members; among whom there
shall be one or more from a majority of the Colonies.
The quorum seems large, but it was thought it would not be
satisfactory to the colonies in general, to have matters of
importance to the whole transacted by a smaller number, or even
by this number of twenty-five, unless there were among them one
at least from a majority of the colonies, because otherwise,
the whole quorum being made up of members from three or four
colonies at one end of the union, something might be done
that would not be equal with respect to the rest, and thence
dissatisfaction and discords might rise to the prejudice of the
whole.
LAWS TO BE TRANSMITTED.
That the laws made by them for the purposes aforesaid shall not be
repugnant, but, as near as may be, agreeable to the laws of England, and
shall be transmitted to the King in Council for approbation, as soon as
may be after their passing; and if not disapproved within three years
after presentation, to remain in force.
This was thought necessary for the satisfaction of the crown,
to preserve the connection of the parts of the British empire
with the whole, of the members with the head, and to induce
greater care and circumspection in making of the laws, that
they be good in themselves and for the general benefit.
DEATH OF THE PRESIDENT-GENERAL.
That, in case of the death of the President-General, the Speaker of the
Grand Council for the time being shall succeed, and be vested with the
same powers and authorities, to continue till the King’s pleasure be
known.
It might be better, perhaps, as was said before, if the crown
appointed a vice-president, to take place on the death or
absence of the president-general; for so we should be more sure
of a suitable person at the head of the colonies. On the death
or absence of both, the speaker to take place (or rather the
eldest King’s governor) till his Majesty’s pleasure be known.
OFFICERS, HOW APPOINTED.
That all military commission officers, whether for land or sea service,
to act under this general constitution, shall be nominated by the
President-General; but the approbation of the Grand Council is to
be obtained, before they receive their commissions. And all civil
officers are to be nominated by the Grand Council, and to receive the
President-General’s approbation before they officiate.
It was thought it might be very prejudicial to the service, to
have officers appointed unknown to the people or unacceptable,
the generality of Americans serving willingly under officers
they know; and not caring to engage in the service under
strangers, or such as are often appointed by governors through
favor or interest. The service here meant, is not the stated,
settled service in standing troops; but any sudden and short
service, either for defence of our colonies, or invading the
enemy’s country (such as the expedition to Cape Breton in the
last war; in which many substantial farmers and tradesmen
engaged as common soldiers, under officers of their own
country, for whom they had an esteem and affection; who would
not have engaged in a standing army, or under officers from
England). It was therefore thought best to give the Council the
power of approving the officers, which the people will look on
as a great security of their being good men. And without some
such provision as this, it was thought the expense of engaging
men in the service on any emergency would be much greater,
and the number who could be induced to engage much less; and
that therefore it would be most for the King’s service and the
general benefit of the nation, that the prerogative should
relax a little in this particular throughout all the colonies
in America; as it had already done much more in the charters
of some particular colonies, viz.: Connecticut and Rhode Island.
The civil officers will be chiefly treasurers and collectors of
taxes; and the suitable persons are most likely to be known by
the council.
VACANCIES, HOW SUPPLIED.
But, in case of vacancy by death or removal of any officer civil or
military, under this constitution, the Governor of the province in
which such vacancy happens, may appoint, till the pleasure of the
President-General and Grand Council can be known.
The vacancies were thought best supplied by the governors in
each province, till a new appointment can be regularly made;
otherwise the service might suffer before the meeting of the
president-general and grand council.
EACH COLONY MAY DEFEND ITSELF IN EMERGENCY, ETC.
That the particular military as well as civil establishments in
each colony remain in their present state, the general constitution
notwithstanding; and that on sudden emergencies any colony may defend
itself, and lay the accounts of expense thence arising before the
president-general and general council, who may allow and order payment of
the same, as far as they judge such accounts just and reasonable.
Otherwise the union of the whole would weaken the parts,
contrary to the design of the union. The accounts are to be
judged of by the president-general and grand council, and
allowed if found reasonable. This was thought necessary to
encourage colonies to defend themselves, as the expense would
be light when borne by the whole; and also to check imprudent
and lavish expense in such defences.
ARTICLES OF CONFEDERATION—1777.
To all to whom these Presents shall come, we the undersigned Delegates of
the States affixed to our Names, send greeting.
WHEREAS the Delegates of the United States of America in Congress
assembled did on the fifteenth day of November in the Year of our
Lord One Thousand Seven Hundred and Seventyseven, and in the Second
Year of the Independence of America agree to certain articles of
Confederation and perpetual Union between the States of Newhampshire,
Massachusetts-bay, Rhode-island and Providence Plantations, Connecticut,
New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North-Carolina, South-Carolina and Georgia in the Words following, viz.
Articles of Confederation and perpetual Union between the States of
Newhampshire, 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 stile of this confederacy shall be “The United States of
America.”
ARTICLE 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.
ARTICLE III. The said States hereby severally enter into a firm league
of friendship with each other, for their common defence, 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 pretence whatever.
ARTICLE 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 regress 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 offence.
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.
ARTICLE 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 a 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
imprisonments, during the time of their going to and from, and attendance
on Congress, except for treason, felony, or breach of the peace.
ARTICLE 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 vessels 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 defence 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 defence 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 infested 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.
ARTICLE VII. When land forces are raised by any State for the common
defence, 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.
ARTICLE VIII. All charges of war, and all other expenses that shall be
incurred for the common defence or general welfare, and allowed by the
United States in Congress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several States, in proportion
to the value of all land within each State, granted to or surveyed for
any person, as such land and the buildings and improvements thereon shall
be estimated according to such mode as the United States in Congress
assembled, shall from time to time direct and appoint.
The taxes for paying that proportion shall be laid and levied by the
authority and direction of the Legislatures of the several States within
the time agreed upon by the United States in Congress assembled.
ARTICLE IX. The United States in Congress assembled, shall have the sole
and exclusive right and power of determining on peace and war, except
in the cases mentioned in the sixth article—of sending and receiving
ambassadors—entering into treaties and alliances, provided that no
treaty of commerce shall be made whereby the legislative power of the
respective States shall be restrained from imposing such imposts and
duties on foreigners, as their own people are subjected to, or from
prohibiting the exportation or importation of any species of goods or
commodities whatsoever—of establishing rules for deciding in all cases,
what captures on land or water shall be legal, and in what manner prizes
taken by land or naval forces in the service of the United States shall
be divided or appropriated—of granting letters of marque and reprisal in
times of peace—appointing courts for the trial of piracies and felonies
committed on the high seas and establishing courts for receiving and
determining finally appeals in all cases of captures, provided that no
member of Congress shall be appointed a judge of any of the said courts.
The United States in Congress assembled shall also be the last resort on
appeal in all disputes and differences now subsisting or that hereafter
may arise between two or more States concerning boundary, jurisdiction
or any other cause whatever; which authority shall always be exercised
in the manner following. Whenever the legislative or executive authority
or lawful agent of any State in controversy with another shall present
a petition to Congress, stating the matter in question and praying for
a hearing, notice thereof shall be given by order of Congress to the
legislative or executive authority of the other State in controversy, and
a day assigned for the appearance of the parties by their lawful agents,
who shall then be directed to appoint by joint consent, commissioners or
judges to constitute a court for hearing and determining the matter in
question: but if they cannot agree, Congress shall name three persons
out of each of the United States, and from the list of such persons each
party shall alternately strike out one, the petitioners beginning, until
the number shall be reduced to thirteen; and from that number not less
than seven, nor more than nine names as Congress shall direct, shall in
the presence of Congress be drawn out by lot, and the persons whose names
shall be so drawn or any five of them, shall be commissioners or judges,
to hear and finally determine the controversy, so always as a major part
of the judges who shall hear the cause shall agree in the determination:
and if either party shall neglect to attend at the day appointed, without
showing reasons, which Congress shall judge sufficient, or being present
shall refuse to strike, the Congress shall proceed to nominate three
persons out of each State, and the Secretary of Congress shall strike in
behalf of such party absent or refusing; and the judgment and sentence
of the court to be appointed, in the manner before prescribed, shall be
final and conclusive; and if any of the parties shall refuse to submit
to the authority of such court, or to appear or defend their claim or
cause, the court shall nevertheless proceed to pronounce sentence, or
judgment, which shall in like manner be final and decisive, the judgment
or sentence and other proceedings being in either case transmitted to
Congress, and lodged among the acts of Congress for the security of the
parties concerned: provided that every commissioner, before he sits in
judgment, shall take an oath to be administered by one of the judges
of the supreme or superior court of the State where the cause shall be
tried, “well and truly to hear and determine the matter in question,
according to the best of his judgment, without favour, affection or hope
of reward:” provided also that no State shall be deprived of territory
for the benefit of the United States.
All controversies concerning the private right of soil claimed under
different grants of two or more States, whose jurisdiction as they may
respect such lands, and the States which passed such grants are adjusted,
the said grants or either of them being at the same time claimed to have
originated antecedent to such settlement of jurisdiction, shall on the
petition of either party to the Congress of the United States, be finally
determined as near as may be in the same manner as is before prescribed
for deciding disputes respecting territorial jurisdiction between
different States.
The United States in Congress assembled shall also have the sole
and exclusive right and power of regulating the alloy and value of
coin struck by their own authority, or by that of the respective
States—fixing the standard of weights and measures throughout the United
States—regulating the trade and managing all affairs with the Indians,
not members of any of the States, provided that the legislative right of
any State within its own limits be not infringed or violated—establishing
and regulating post-offices from one State to another, throughout all
the United States, and exacting such postage on the papers passing
thro’ the same as may be requisite to defray the expenses of the said
office—appointing all officers of the land forces, in the service of
the United States, excepting regimental officers—appointing all the
officers of the naval forces, and commissioning all officers whatever
in the service of the United States—making rules for the government
and regulation of the said land and naval forces, and directing their
operations.
The United States in Congress assembled shall have authority to appoint
a committee, to sit in the recess of Congress, to be denominated “a
Committee of the States,” and to consist of one delegate from each
State; and to appoint such other committees and civil officers as may be
necessary for managing the general affairs of the United States under
their direction—to appoint one of their number to preside, provided that
no person be allowed to serve in the office of president more than one
year in any term of three years; to ascertain the necessary sums of money
to be raised for the service of the United States, and to appropriate
and apply the same for defraying the public expenses—to borrow money,
or emit bills on the credit of the United States, transmitting every
half year to the respective States an account of the sums of money so
borrowed or emitted,—to build and equip a navy—to agree upon the number
of land forces, and to make requisitions from each State for its quota,
in proportion to the number of white inhabitants in such State; which
requisition shall be binding, and thereupon the Legislature of each State
shall appoint the regimental officers, raise the men and cloath, arm and
equip them in a soldier like manner, at the expense of the United States;
and the officers and men so cloathed, armed and equipped shall march to
the place appointed, and within the time agreed on by the United States
in Congress assembled: but if the United States in Congress assembled
shall, on consideration of circumstances judge proper that any State
should not raise men, or should raise a smaller number than its quota,
and that any other State should raise a greater number of men than the
quota thereof, such extra number shall be raised, officered, cloathed,
armed and equipped in the same manner as the quota of such State, unless
the legislature of such State shall judge that such extra number cannot
be safely spared out of the same, in which case they shall raise,
officer, cloath, arm and equip as many of such extra number as they judge
can be safely spared. And the officers and men so cloathed, armed and
equipped, shall march to the place appointed, and within the time agreed
on by the United States in Congress assembled.
The United States in Congress assembled shall never engage in a war, nor
grant letters of marque and reprisal in time of peace, nor enter into any
treaties or alliances, nor coin money, nor regulate the value thereof,
nor ascertain the sums and expenses necessary for the defence and welfare
of the United States, or any of them, nor emit bills, nor borrow money on
the credit of the United States, nor appropriate money, nor agree upon
the number of vessels of war, to be built or purchased, or the number of
land or sea forces to be raised, nor appoint a commander-in-chief of the
army or navy, unless nine States assent to the same: nor shall a question
on any other point, except for adjourning from day to day be determined,
unless by the votes of a majority of the United States in Congress
assembled.
The Congress of the United States shall have power to adjourn to any
time within the year, and to any place within the United States, so that
no period of adjournment be for a longer duration than the space of six
months, and shall publish the journal of their proceedings monthly,
except such parts thereof relating to treaties, alliances or military
operations, as in their judgment require secresy; and the yeas and nays
of the delegates of each State on any question shall be entered on the
journal, when it is desired by any delegate; and the delegates of a
State, or any of them, at his or their request shall be furnished with a
transcript of the said journal, except such parts as are above excepted,
to lay before the Legislatures of the several States.
ARTICLE X. The committee of the States, or any nine of them, shall be
authorized to execute, in the recess of Congress, such of the powers
of Congress as the United States in Congress assembled, by the consent
of nine States, shall from time to time think expedient to vest them
with; provided that no power be delegated to the said committee, for the
exercise of which, by the articles of confederation, the voice of nine
States in the Congress of the United States assembled is requisite.
ARTICLE XI. Canada acceding to this confederation, and joining in the
measures of the United States, shall be admitted into, and entitled to
all the advantages of this Union: but no other colony shall be admitted
into the same, unless such admission be agreed to by nine States.
ARTICLE XII. All bills of credit emitted, monies borrowed and debts
contracted by, or under the authority of Congress, before the assembling
of the United States, in pursuance of the present confederation, shall be
deemed and considered as a charge against the United States, for payment
and satisfaction whereof the said United States, and the public faith are
hereby solemnly pledged.
ARTICLE XIII. Every State shall abide by the determinations of the
United States in Congress assembled, on all questions which by
this confederation are submitted to them. And the articles of this
confederation shall be inviolably observed by every State, and the Union
shall be perpetual; nor shall any alteration at any time hereafter be
made in any of them; unless such alteration be agreed to in a Congress
of the United States, and be afterwards confirmed by the Legislatures of
every State.
And whereas it has pleased the Great Governor of the world to incline
the hearts of the Legislatures we respectively represent in Congress,
to approve of, and to authorize us to ratify the said articles of
confederation and perpetual union. Know ye that we the undersigned
delegates, by virtue of the power and authority to us given for that
purpose, do by these presents, in the name and in behalf of our
respective constituents, fully and entirely ratify and confirm each and
every of the said articles of confederation and perpetual union, and all
and singular the matters and things therein contained: and we do further
solemnly plight and engage the faith of our respective constituents,
that they shall abide by the determinations of the United States in
Congress assembled, on all questions, which by the said confederation
are submitted to them. And that the articles thereof shall be inviolably
observed by the States we re[s]pectively represent, and that the Union
shall be perpetual.
In witness whereof we have hereunto set our hands in Congress. Done at
Philadelphia in the State of Pennsylvania the ninth day of July in the
year of our Lord one thousand seven hundred and seventy-eight, and in the
third year of the independence of America.
On the part & behalf of the State of New Hampshire.
JOSIAH BARTLETT,
JOHN WENTWORTH, Junr.,
August 8th, 1778.
On the part and behalf of the State of Massachusetts Bay.
JOHN HANCOCK,
SAMUEL ADAMS,
ELBRIDGE GERRY,
FRANCIS DANA,
JAMES LOVELL,
SAMUEL HOLTEN.
On the part and behalf of the State of Rhode Island and Providence
Plantations.
WILLIAM ELLERY,
HENRY MARCHANT,
JOHN COLLINS.
On the part and behalf of the State of Connecticut.
ROGER SHERMAN,
SAMUEL HUNTINGTON,
OLIVER WOLCOTT,
TITUS HOSMER,
ANDREW ADAMS.
On the part and behalf of the State of New York.
JAS. DUANE,
FRA. LEWIS,
WM. DUER,
GOUV. MORRIS.
On the part and in behalf of the State of New Jersey, Novr. 26, 1778.
JNO. WITHERSPOON,
NATH. SCUDDER.
On the part and behalf of the State of Pennsylvania.
ROBT. MORRIS,
DANIEL ROBERDEAU,
JONA. BAYARD SMITH,
WILLIAM CLINGAN,
JOSEPH REED, 22d July, 1778.
On the part & behalf of the State of Delaware.
THO. M’KEAN, Feby. 12, 1779.
JOHN DICKINSON, May 5th, 1779.
NICHOLAS VAN DYKE.
On the part and behalf of the State of Maryland.
JOHN HANSON, March 1, 1781.
DANIEL CARROLL, Mar. 1, 1781.
On the part and behalf of the State of Virginia.
RICHARD HENRY LEE,
JOHN BANISTER,
THOMAS ADAMS,
JNO. HARVIE,
FRANCIS LIGHTFOOT LEE.
On the part and behalf of the State of No. Carolina.
JOHN PENN, July 21, 1778.
CORNS. HARNETT,
JNO. WILLIAMS.
On the part and behalf of the State of South Carolina.
HENRY LAURENS,
WILLIAM HENRY DRAYTON,
THOS. HEYWARD, Junr.
JNO. MATHEWS,
RICHD. HUTSON.
On the part and behalf of the State of Georgia.
JNO. WALTON, 24th July, 1778.
EDWD. TELFAIR,
EDWD. LANGWORTHY.
END OF VOL. II.