Founding America_ Documents From the Revolution to the Bill of Rights Part 7

ARTICLE II. The said States hereby severally enter into a firm league of friends.h.i.+p with each other, for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to a.s.sist 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 III. Each State reserves to itself the sole and exclusive regulation and government of its internal police, in all matters that shall not interfere with the articles of this Confederation.

ARTICLE IV. No State, without the consent of the United States in Congress a.s.sembled, shall send any Emba.s.sy to or receive any emba.s.sy 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 t.i.tle of any kind whatever, from any King, Prince or foreign State; nor shall the United States a.s.sembled, or any of them, grant any t.i.tle of n.o.bility.

ARTICLE V. 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 a.s.sembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

ARTICLE VI. No State shall lay any imposts or duties which may interfere with any stipulations in treaties hereafter entered into by the United States a.s.sembled with any King, Prince or State.

ARTICLE VII. 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 a.s.sembled 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 a.s.sembled 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 quant.i.ty of Ammunition and a camp equipage.

ARTICLE VIII. 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 legislatures 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 IX. All charges of war and all other expences that shall be incurred for the common defence, or general welfare, and allowed by the United States a.s.sembled, shall be defrayed out of a common treasury, which shall be supplied by the several States in proportion to the number of inhabitants of every age, s.e.x and quality except Indians not paying taxes, in each State, a true account of which, distinguis.h.i.+ng the white inhabitants shall be triennially taken and transmitted to the a.s.sembly of the United States. 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 a.s.sembled.

ARTICLE X. Every State shall abide by the determinations of the United States in Congress a.s.sembled, on all questions which by this Confederation are submitted to them.

ARTICLE XI. No State shall engage in any war without the consent of the United States in Congress a.s.sembled, 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 other States can be consulted: Nor shall any State grant commissions to any s.h.i.+ps or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States a.s.sembled, 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 a.s.sembled.

ARTICLE XII. 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 at the city of Philadelphia, in Pennsylvania, until otherwise ordered by the United States in Congress a.s.sembled; which meeting shall be on the first Monday in November in every year, with a power reserved to each State to recal 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. Each State shall support its own Delegates in a meeting of the States, and while they act as members of the Council of State, herein after mentioned.

ARTICLE XIII. In determining questions each State shall have one vote.

ARTICLE XIV The United States a.s.sembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the eleventh article-Of establis.h.i.+ng rules for deciding in all cases, what captures on land or water shall be legal-In what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated-granting letters of marque and reprisal in times of peace-appointing Courts for the trial of piracies and felonies committed on the high seas-establis.h.i.+ng Courts for receiving and determining finally appeals in all cases of captures-sending and recieving Amba.s.sadors-entering into treaties and alliances-deciding all disputes and differences now subsisting, or that hereafter may arise between two or more States concerning boundaries, jurisdictions, or any other cause whatever-coining money and regulating the value thereof-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-Establis.h.i.+ng and regulating Post -Offices from one State to another throughout all the United States, and exacting such postage on the papers pa.s.sing through the same, as may be requisite to defray the expences of said office-appointing general Officers of the land forces in the service of the United States-commissioning such other officers of the said forces as shall be appointed by virtue of the eighth article-appointing all the officers of the naval forces 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 a.s.sembled shall have authority to appoint a Council of State, and such Committees and Civil Officers as may be necessary for managing the general affairs of the United States, under their direction while a.s.sembled, and in their recess under that of the Council of State-to appoint one of their number to preside, and a suitable person for Secretary-And to adjourn to any time within the year, and to any place within the United States-to agree upon and fix the necessary sums and expences-to borrow Money or emit bills on the credit of the United States-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 requisitions shall be binding, and thereupon the legislature of each State shall appoint the regimental officers, raise the men, and arm and equip them in a soldier-like manner; and the of ficers and men so armed and equipped, shall march to the place appointed, and within the time agreed on by the United States a.s.sembled.

But if the United States in Congress a.s.sembled shall on consideration of circ.u.mstances judge proper, that any State or States should not raise men, or should raise a smaller number than the quota or quotas of such State or States, and that any other State or States should raise a greater number of men than the quota or quotas thereof, such extra-numbers shall be raised, officered, armed and equipped in the same Manner as the quota or quotas of such State or States, unless the the legislature of such State or States respectively, shall judge, that such extra-numbers cannot be safely spared out of the same, in which case they shall raise, officer, arm and equip as many of such extra-numbers as they judge can be safely spared; and the officers and men so armed and equipped shall march to the place appointed, and within the time agreed on by the United States a.s.sembled.

The United States in Congress a.s.sembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances except for peace, nor coin money nor regulate the value thereof, nor agree upon nor fix the sums and expences 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 a.s.sent 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.

No person shall be capable of being a Delegate for more than three years in any term of six years.

No person holding any office under the United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind, shall be capable of being a Delegate.

The a.s.sembly of the United States to publish the Journal of their Proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy, the yeas and nays of the Delegates of each State on any question to 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, to 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 XV. The Council of State shall consist of one Delegate from each State, to be a named annually by the Delegates of each State, and where they cannot agree, by the United States a.s.sembled.

This Council shall have power to receive and open all Letters directed to the United States, and to return proper Answers; but not to make any engagements that shall be binding on the United States-To correspond with the legislature of every State, and all persons acting under the authority of the United States, or of the said legislatures-To apply to such Legislatures, or to the Officers in the several States who are entrusted with the executive powers of government, for occasional aid whenever and wherever necessary-To give counsel to the Commanding Officers, and to direct military operations by sea and land, not changing any objects or expeditions determined on by the United States a.s.sembled, unless an alteration of circ.u.mstances which shall come to the knowledge of the Council after the recess of the States, shall make such change absolutely necessary-To attend to the defence and preservation of forts and strong posts-To procure intelligence of the condition and designs of the enemy-To expedite the execution of such measures as may be resolved on by the United States a.s.sembled, in pursuance of the powers hereby given to them-To draw upon the treasurers for such sums as may be appropriated by the United States a.s.sembled, and for the payment of such contracts as the said Council may make in pursuance of the powers hereby given to them-To superintend and controul or suspend all Officers civil and military, acting under the authority of the United States-In case of the death or removal of any Officer within the appointment of the United States a.s.sembled, to employ a person to fulfill the Duties of such Office until the a.s.sembly of the States meet-To publish and disperse authentic accounts of military operations-To summon an a.s.sembly of the States at an earlier day than that appointed for their next meeting, if any great and unexpected emergency should render it necessary for the safety or welfare of the United States or any of them-To prepare matters for the consideration of the United States, and to lay before them at their next meeting all letters and advices received by the Council, with a report of their proceedings-To appoint a proper person for their Clerk, who shall take an oath of secrecy and fidelity, before he enters on the exercise of his office-seven Members shall have power to act-In case of the death of any Member, the Council shall immediately apply to his surviving colleagues to appoint some one of themselves to be a Member thereof till the meeting of the States, and if only one survives, they shall give immediate notice, that he may take his seat as a Councillor till such meeting.

ARTICLE XVI. Canada acceding to this Confederation, and entirely joining in the measures of the United States, shall be admitted into and ent.i.tled 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.

These Articles shall be proposed to the legislatures of all the United States, to be by them considered, and if approved by them, they are advised to authorize their Delegates to ratify the same in the a.s.sembly of the United States, which being done, the Articles of this Confederation shall inviolably be observed by every State, and the Union is to be perpetual: Nor shall any alteration at any time hereafter be made in these Articles or any of them, unless such alteration be agreed to in an a.s.sembly of the United States, and be afterwards confirmed by the Legislatures of every State.

Ordered, That eighty copies of the Articles of Confederation, as reported from the committee of the whole, be printed under the same injunctions as the former articles were printed, and delivered to the members under the like restrictions as formerly.

ARTICLES AS APPROVED.

NOVEMBER 15, 1777.

Articles of Confederation and Perpetual Union, between the States of New Hamps.h.i.+re, Ma.s.sachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, 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 a.s.sembled.

ARTICLE III. The said states hereby severally enter into a firm league of friends.h.i.+p with each other for their common defence, the security of their liberties and their mutual and general welfare; binding themselves to a.s.sist 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 friends.h.i.+p 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 ent.i.tled 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 1st Monday in November in every year, with a power reserved to each State to recal 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 any other 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 a.s.sembled, 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 a.s.sembled, shall send any emba.s.sy to, or receive any emba.s.sy 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 t.i.tle, of any kind whatever, from any king, prince, or foreign state; nor shall the United States, in Congress a.s.sembled, or any of them, grant any t.i.tle of n.o.bility.

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 a.s.sembled, 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 a.s.sembled, 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 a.s.sembled, 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 a.s.sembled, 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 quant.i.ty of arms, ammunition and camp equipage.

No State shall engage in any war without the consent of the United States, in Congress a.s.sembled, 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 a.s.sembled, can be consulted; nor shall any State grant commissions to any s.h.i.+ps or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States, in Congress a.s.sembled, 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 a.s.sembled, 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 a.s.sembled, 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 expences, that shall be incurred for the common defence or general welfare, and allowed by the United States, in Congress a.s.sembled, 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 a.s.sembled, 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 a.s.sembled.

ARTICLE IX. The United States, in Congress a.s.sembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the 6th article; of sending and receiving amba.s.sadors; 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 establis.h.i.+ng 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 establis.h.i.+ng 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 a.s.sembled, 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 pet.i.tion 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 a.s.signed for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to const.i.tute 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 pet.i.tioners 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 shewing 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 p.r.o.nounce 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 jurisdictions, as they may respect such lands and the states which pa.s.sed 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 pet.i.tion 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 a.s.sembled, 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; establis.h.i.+ng and regulating post offices from one State to another throughout all the United States, and exacting such postage on the papers pa.s.sing through the same as may be requisite to defray the expences 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 a.s.sembled, 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 of ficers 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 expences; 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 requisitions shall be binding; and, thereupon, the legislature of each State shall appoint the regimental officers, raise the men, and cloathe, arm, and equip them in a soldier-like manner, at the expence 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 a.s.sembled; but if the United States, in Congress a.s.sembled, shall, on consideration of circ.u.mstances, 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, cloathe, 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 a.s.sembled.

The United States, in Congress a.s.sembled, 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 expences 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 a.s.sent 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 a.s.sembled.

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 s.p.a.ce 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 secrecy ; 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 a.s.sembled, 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 a.s.sembled, is requisite.

ARTICLE XI. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into and ent.i.tled 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 a.s.sembling 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 a.s.sembled, 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.

These articles shall be proposed to the legislatures of all the United States, to be considered, and if approved of by them, they are advised to authorize their delegates to ratify the same in the Congress of the United States; which being done, the same shall become conclusive.

REFORMING THE ARTICLES OF CONFEDERATION.

Philip Schuyler: Letter to Pierre Van Cortlandt and Evert Bancker (January 29, 1780) PAGE 173.

Alexander Hamilton: Letter to James Duane (September 3, 1780) PAGE 176.

Proposed Impost Amendment (February 3, 1781 ) PAGE 194.

Robert Morris: Report on Public Credit (July 29, 1782) PAGE 194.

Proposed Revenue Amendments (April 18, 1783) PAGE 213.

Proposed Commercial Amendments: Journals of Congress (April 30, 1784) PAGE 217.

Amendments Considered by Congress (August 7, 1786) PAGE 218.

The Northwest Ordinance (July 13, 1787) PAGE 223.

AFTER CONGRESS COMPLETED THE Articles in November 1777, it hoped that the thirteen state legislatures would quickly ratify the Confederation. Only eight had done so, however, by June 1778, when the first French minister to the United States arrived in Philadelphia. Nearly three years pa.s.sed before Maryland, the last holdout state, gave its a.s.sent, finally allowing the Articles of Confederation to begin operation as the country's first national const.i.tution. Maryland's opposition was based on the failure of the Articles to empower Congress to limit the extravagant land claims of states like Virginia, which relied on its original seventeenth-century charter to claim much of the territory west of Pennsylvania and north of the Ohio River. Nevertheless, by 1780 a movement was afoot to give Congress jurisdiction over this same territory, not by amending the Articles, but through the voluntary cessions of individual states. This movement began with New York. Its own claims in the Ohio Valley rested on the dubious theory that the Six Nations of the Iroquois Confederacy were both overlords of other Indian nations further west and legally dependent on New York through previous treaties negotiated with the former colonial government as long ago as 1701. What New York leaders like Philip Schuyler and Governor George Clinton really wanted was to a.s.sert their state's jurisdiction over the area between Lake Ontario and the northern boundary of Pennsylvania. At the same time, they hoped that a cession by New York would induce other states to follow suit. By early 1781 there was good reason to think that Virginia would cede its claims as well, and this was a factor in Maryland's decision to ratify the Confederation.

Even as the Articles neared ratification, however, criticisms of their potential shortcomings were being voiced. Three years of war had exposed serious gaps between the a.s.sumptions of 1776 and 1777 and the difficulties Congress now faced. Under the Articles, Congress had no authority to raise its own revenue, but had to rely instead on the contributions of the states. It had the authority to direct the war, but lacked the resources to keep its army fully manned and provisioned. Its shortcomings were painfully evident to the of ficer corps of the Continental Army, including the young artillery officer Alexander Hamilton, who was serving as General Was.h.i.+ngton's aide-de-camp when he provided the New York delegate James Duane with a sweeping critique of the Articles.

As soon as the Confederation was ratified in the winter of 1781, Congress asked the states to approve its first amendment: a proposal to grant Congress a 5 percent impost (duty) on foreign imports. Opposition from Rhode Island doomed this amendment to rejection. In 1782 Superintendent of Finance Robert Morris issued a major report on public credit, which he hoped would persuade Congress to propose a new set of amendments to the Articles. But the delegates were deeply divided on Morris's plan, and instead finally adopted a compromise set of amendments over his objections. These were sent to the states in April 1783. A year later Congress proposed two further amendments, designed to give it limited authority to regulate foreign commerce. None of these proposals ever overcame the hurdle of unanimous state ratification. Congress briefly considered one last set of amendments in 1786. But by then, reformers like James Madison and Alexander Hamilton were beginning to think about a different strategy of const.i.tutional reform.

One significant change to the Articles of Confederation did take place, however, outside the rules for its amendment. This involved the creation of a national domain, north of the Ohio River, through the voluntary cessions of states with claims to this territory. That process began with the New York cession of 1780, but the key development was the decision by the Virginia legislature in 1781 to cede its claims as well. Another three years pa.s.sed before the terms of the Virginia cession were fully accepted by Congress, but when they were, the federal union was vested with the authority and responsibility to regulate the development of the trans-Appalachian West. This substantial expansion of its authority had occurred through the actions of individual states, but without the unanimous approval of the thirteen legislatures that the Articles required.

Once this national domain existed, Congress had to ask how it would be governed. Its solution to this problem was found in the Northwest Ordinance of 1787, which Congress, then sitting in New York, adopted while the const.i.tutional convention was simultaneously meeting in Philadelphia. Rather than treat the interior of the continent as a subordinate region to be exploited and colonized by the existing seaboard states, the Northwest Ordinance envisioned the creation of new states, to be admitted to the Union with the same rights and powers as its original thirteen members.

REFORMING THE ARTICLES OF CONFEDERATION.

- -Philip Schuyler- LETTER TO PIERRE VAN CORTLANDT.

AND EVERT BANCKER.

JANUARY 29, 1780.

ALBANY JANUARY 29TH 1780.

GENTLEMEN,.

Concieying it my duty as a Servant of the State to advise the Legislature of any Occurrences in Congress which may immediately af fect either the Honor or the Weal of the State, I beg Leave to inform the honorable Houses in which you respectively preside of some Matters which I intended to have conveyed thro' his Excellency the Governor, supposing that to be the proper Channel of Communication : but was prevented by his leaving the City, and as I humbly concieve the Subject worthy the immediate Attention of the Legislature and that Evils may possibly arise from Delay, I have taken the Liberty to address myself to you, trusting that his Excellency's Candor and that of the Legislature will excuse the Impropriety if it should be deemed one.

Deeply impressed with a Sense of the extensive Advantages which would probably result to the United States in general, and this in particular, from a perfect and permanent Reconciliation with an Enemy so formidable to a weak and extensive Frontier as fatal Experience has evinced the Indians to be, to whom Distance of Situation seems no great Obstacle to prevent or r.e.t.a.r.d their Incursions; reflecting, with the most anxious Concern, on the Desolation and Variety of Distress incident on a Savage War; apprehensive that they would consider themselves without any Alternative but that of recommencing Hostilities; dreading the Effects of a consequent Desperation on their part; firmly believing that the greatly deranged State of the public Finances would render it exceedingly difficult to procure the necessary Supplies for that Army only which must keep the Enemy's Force on the Sea Board in Check; doubtful whether Detachments of sufficient Force to protect the Frontiers could be spared from our Army whilst the British retained their present position ; aware of the Distresses and Expence incident on calling forth the Militia for the purpose; convinced that an Obstacle of very interesting Importance would be removed if Events should happily arise which would permit us to turn our Attention to the Reduction of Canada or the Enemies Fortresses in the interior parts of the Country ; persuaded that no farther offensive Operations could be prosecuted against the Savages with any probable prospect of adequate Advantage I embraced the earliest Opportunity to advise Congress of the Overtures made by the Cayugas, and took the Liberty strongly to point at the Necessity of an Accommodation with all the Savages: but not being honored with an Answer as early as the Importance of the Object seemed to require, and wis.h.i.+ng to improve the Advantage which the first Impulse occasioned by the Disaster the Indians had experienced would probably afford us, I hastened to Congress to sollicit their Determination which was obtained on the __ November last, Copy whereof I have the Honor to enclose.

Whilst the Report of the Committee in the Business I have alluded to was under Consideration a Member moved in Substance "That the Commissioners for Indian Affairs in the Northern Department should require from the Indians of the six Nations, as a preliminary Article, a Cession of part of their Country, and that the Territory so to be ceded should be for the Benefit of the United States in general and grantable by Congress." A Measure so evidently injurious to this State exceedingly alarmed and chagrined those whose Duty it was to attend to its Interests. They animadverted with Severity on the unjustifiable principle held up in the Motion; the pernicious Consequence of divesting a State of its undoubted property in such an extrajudicial Manner was forcibly urged: the Apprehensions with which it would fill and affect the Minds of a people who had been as firm in the present glorious Contest; who had made more strenuous and efficacious Exertions to support it; had suffered more and still suffered as much as any were strongly painted. The Improbability that the Indians would acceed to a Reconciliation when such a preliminary was insisted upon was observed by many Members and urged on a Variety of Considerations. The Gentlemen in Favor of the Motion attempted to support it on the general Ground that what was acquired or conquered at the common Expence ought to enure to the common Benefit; that the Lands in Question, altho' they might be comprehended within the Limits of the State of New York (which however was not acknowledged) was not the property of the State; that being either in the Natives or by Right of Conquest in the United States. The Motion was nevertheless after some farther desultory Debate rejected: but from what drop'd in the Debate we had Reason to apprehend that several who were opposed to the Motion founded their Opposition on the Necessity of a Reconciliation with the Indians, against which, they imagined the Spirit of the Motion would militate. And we had a few Days after a convincing proof that an Idea prevailed that this and some other States ought to be divested of part of their Territory for the Benefit of the United States, when a Member afforded us the perusal of a Resolution for which he intended to move the House purporting "that all the Lands within the Limits of any of the United States, heretofore grantable by the King of Great Britain whilst these States (then Colonies) were in the Dominion of that prince, and which had not been granted to Individuals should be considered as the joint property of the United States and disposed of by Congress for the Benefit of the whole Confederacy." The Necessity and propriety of such an Arrangement was strenuously insisted upon, in private Conversation, and even supported by Gentlemen who represented States in Circ.u.mstances seemingly similar to our's with Respect to the Object of the intended Resolution. It was observed that if such States whose Bounds were either indefinite or were pretended to extend to the South Seas would consent to a reasonable Western Limitation that it would supercede the Necessity of any Intervention by Congress other than that of permanently establis.h.i.+ng the Bounds of each State: prevent Controversy and remove the Obstacle which prevented the Completion of the Confederation. As this State would be eminently affected by such a Measure it was deemed of Importance as fully to investigate their Intentions as could be done consistent with that Delicacy and prudence to be observed on so interesting an Occasion and a Wish was accordingly expressed, as arising from mere Curiosity, to know their Idea of a reasonable Western Limitation. This they gave by exhibiting a Map of the Country, on which they drew a Line from the North west Corner of Pennsylvania (which in that Map was laid down as in Lake Erie)22 thro' the Strait that leads to Ontario and thro' that Lake and down the St. Lawrence to the forty fifth Degree of Lat.i.tude for the Bounds of this State in that Quarter. Virginia, the two Carolinas and Georgia they proposed to restrict by the Allighany Mountains, or at farthest by the Ohio to where that River enters the Missisippi and by the latter River to the South Bounds of Georgia. That all the Territory to the West of those Limits should become the property of the Confederacy. We found this Matter had been in Contemplation some Time; the Delegates from North Carolina having then already requested Instructions from their Const.i.tuents on the Subjects, and my Colleagues were in Sentiment with me that it should be humbly submitted to the Legislature, if it would not be proper to communicate their pleasure in the premisses by Way of Instruction to their Servants in Congress. thro' the Strait that leads to Ontario and thro' that Lake and down the St. Lawrence to the forty fifth Degree of Lat.i.tude for the Bounds of this State in that Quarter. Virginia, the two Carolinas and Georgia they proposed to restrict by the Allighany Mountains, or at farthest by the Ohio to where that River enters the Missisippi and by the latter River to the South Bounds of Georgia. That all the Territory to the West of those Limits should become the property of the Confederacy. We found this Matter had been in Contemplation some Time; the Delegates from North Carolina having then already requested Instructions from their Const.i.tuents on the Subjects, and my Colleagues were in Sentiment with me that it should be humbly submitted to the Legislature, if it would not be proper to communicate their pleasure in the premisses by Way of Instruction to their Servants in Congress.

I am Gentlemen with Great respect and Esteem YOUR MOST OBEDIENT HUMBLE SERVANT.

PH: SCHUYLER The Honorable Pierre Van Cortlandt and Evert Ban[c]ker Esqrs.

-Alexander Hamilton- LETTER TO JAMES DUANE.

SEPTEMBER 3, 1780.

[LIBERTY POLE, NEW JERSEY, SEPTEMBER 3, 1780].

DR. SIR.

Agreeably to your request and my promise I sit down to give you my ideas of the defects of our present system, and the changes necessary to save us from ruin. They may perhaps be the reveries of a projector rather than the sober views of a politician. You will judge of them, and make what use you please of them.

The fundamental defect is a want of power in Congress. It is hardly worth while to show in what this consists, as it seems to be universally acknowleged, or to point out how it has happened, as the only question is how to remedy it. It may however be said that it has originated from three causes-an excess of the spirit of liberty which has made the particular states show a jealousy of all power not in their own hands; and this jealousy has led them to exercise a right of judging in the last resort of the measures recommended by Congress, and of acting according to their own opinions of their propriety or necessity, a diffidence in Congress of their own powers, by which they have been timid and indecisive in their resolutions, constantly making concessions to the states, till they have scarcely left themselves the shadow of power; a want of sufficient means at their disposal to answer the public exigencies and of vigor to draw forth those means; which have occasioned them to depend on the states individually to fulfil their engagements with the army, and the consequence of which has been to ruin their influence and credit with the army, to establish its dependence on each state separately rather than on them them, that is rather than on the whole collectively.

It may be pleaded, that Congress had never any definitive powers granted them and of course could exercise none-could do nothing more than recommend. The manner in which Congress was appointed would warrant, and the public good required, that they should have considered themselves as vested with full power to preserve the republic from harm. preserve the republic from harm. They have done many of the highest acts of sovereignty, which were always chearfully submitted to-the declaration of independence, the declaration of war, the levying an army, creating a navy, emitting money, making alliances with foreign powers, appointing a dictator &c. &c.-all these implications of a complete sovereignty were never disputed, and ought to have been a standard for the whole conduct of Administration. Undefined powers are discretionary powers, limited only by the object for which they were given-in the present case, the independence and freedom of America. The confederation made no difference; for as it has not been generally adopted, it had no operation. But from what I recollect of it, Congress have even descended from the authority which the spirit of that act gives them, while the particular states have no further attended to it than as it suited their pretensions and convenience. It would take too much time to enter into particular instances, each of which separately might appear inconsiderable; but united are of serious import. I only mean to remark, not to censure. They have done many of the highest acts of sovereignty, which were always chearfully submitted to-the declaration of independence, the declaration of war, the levying an army, creating a navy, emitting money, making alliances with foreign powers, appointing a dictator &c. &c.-all these implications of a complete sovereignty were never disputed, and ought to have been a standard for the whole conduct of Administration. Undefined powers are discretionary powers, limited only by the object for which they were given-in the present case, the independence and freedom of America. The confederation made no difference; for as it has not been generally adopted, it had no operation. But from what I recollect of it, Congress have even descended from the authority which the spirit of that act gives them, while the particular states have no further attended to it than as it suited their pretensions and convenience. It would take too much time to enter into particular instances, each of which separately might appear inconsiderable; but united are of serious import. I only mean to remark, not to censure.

But the confederation itself is defective and requires to be altered; it is neither fit for war, nor peace. The idea of an uncontrolable sovereignty in each state, over its internal police, will defeat the other powers given to Congress, and make our union feeble and precarious. There are instances without number, where acts necessary for the general good, and which rise out of the powers given to Congress must interfere with the internal police of the states, and there are as many instances in which the particular states by arrangements of internal police can effectually though indirectly counteract the arrangements of Congress. You have already had examples of this for which I refer you to your own memory.

The confederation gives the states individually too much influence in the affairs of the army; they should have nothing to do with it. The entire formation and disposal of our military forces ought to belong to Congress. It is an essential cement of the union; and it ought to be the policy of Congress to destroy all ideas of state attachments in the army and make it look up wholly to them. For this purpose all appointments promotions and provisions whatsoever ought to be made by them. It may be apprehended that this may be dangerous to liberty. But nothing appears more evident to me, than that we run much greater risk of having a weak and disunited federal government, than one which will be able to usurp upon the rights of the people. Already some of the lines of the army would obey their states in opposition to Congress notwithstanding the pains we have taken to preserve the unity of the army-if any thing would hinder this it would be the personal influence of the General, a melancholy and mortifying consideration.

The forms of our state const.i.tutions must always give them great weight in our affairs and will make it too difficult to bend them to the persuit of a common interest, too easy to oppose whatever they do not like and to form partial combinations subversive of the general one. There is a wide difference between our situation and that of an empire under one simple form of government, distributed into counties provinces or districts, which have no legislatures but merely magistratical bodies to execute the laws of a common sovereign. Here the danger is that the sove[re]ign will have too much power to oppress the parts of which it is composed. In our case, that of an empire composed of confederated states each with a government completely organised within itself, having all the means to draw its subjects to a close dependence on itself-the danger is directly the reverse. It is that the common sovereign will not have power sufficient to unite the different members together, and direct the common forces to the interest and happiness of the whole.

The leagues among the old Grecian republics are a proof of this. They were continually at war with each other, and for want of union fell a prey to their neighbours. They frequently held general councils, but their resolutions were no further observed than as they suited the interests and inclinations of all the parties and at length, they sunk intirely into contempt.

The Swiss-cantons are another proof of the doctrine. They have had wars with each other which would have been fatal to them, had not the different powers in their neighbourhood been too jealous of one-another and too equally matched to suffer either to take advantage of their quarrels. That they have remained so long united at all is to be attributed to their weakness, to their poverty, and to the cause just mentioned. These ties will not exist in America; a little time hence, some of the states will be powerful empires, and we are so remote from other nations that we shall have all the leisure and opportunity we can wish to cut each others throats.

The Germanic corps might also be cited as an example in favour of the position.

The United provinces may be thought to be one against it. But the family of the stadtholders23 whose authority is interwoven with the whole government has been a strong link of union between them. Their physical necessities and the habits founded upon them have contributed to it. Each province is too inconsiderable by itself to undertake any thing. An a.n.a.lysis of their present const.i.tutions would show that they have many ties which would not exist in ours; and that they are by no means a proper mode for us. whose authority is interwoven with the whole government has been a strong link of union between them. Their physical necessities and the habits founded upon them have contributed to it. Each province is too inconsiderable by itself to undertake any thing. An a.n.a.lysis of their present const.i.tutions would show that they have many ties which would not exist in ours; and that they are by no means a proper mode for us.

Our own experience should satisfy us. We have felt the difficulty of drawing out the resources of the country and inducing the states to combine in equal exertions for the common cause. The ill success of our last attempt is striking. Some have done a great deal, others little or scarcely any thing. The disputes about boundaries &c. testify how flattering a prospect we have of future tranquillity, if we do not frame in time a confederacy capable of deciding the differences and compelling the obedience of the respective members.