to their authority and discretion; examining into in this union-the free white inhabitants of each their journals and proceedings. But the congress of these states, (those who refuse to take up arms shall not declare what shall be treason against the in defence of the confederacy, paupers, vagabonds United States, nor the punishment of it, but by and fugitives from justice excepted) shall be the voice of each of the United States in congress entitled to all privileges and immunities of free -nor shall the congress engage in war-nor enter citizens in the several states, according to the into or conclude any treaty or alliance--nor ascer-laws of such state respectively, for the govern tain the military land quota of the states-nor ment of their own free white inhabitants-having build, purchase or equip a naval force-nor rate uninterupted ingress and regress, together with or cause a general tax to be levied-nor appoint their property, to and from any other of the United a generalissimo-nor nominate an admiralissimo-States; subject nevertheless to the duties, imposi. nor emit or borrow money-nor grant letters of tions and restrictions, as the inhabitants thereof marque and reprisal in time of peace, except by respectively; provided, that such restrictions shall the consent of eleven votes in the congress-nor not extend to defeat the articles of this confederashall the congress vest any of these powers in the tion, or any part thereof: Provided also, that no committee of the United States-nor shall any per-duty, imposition or restriction shall be laid by any son officiate as president of the congress, longer state, on the property of the United States, or of than one year in any term of three years-nor shall the government, in either of them, except in cases the congress exercise any power, but what is here. of embargo. by expressly delegated to them. The congress, If any person charged with, or guilty of treason, and the committee of the United States, shall felony or other high misdemeanor in any of the respectively publish the journal of their proceed respective states, shall flee from justice, and be ings monthly, except such parts thereof relating found in any of the states, upon the demand of the to treaties, alliances and military operations, as executive power in the state from which he fled, they respectively shall think require secrecy; and he shall be delivered up, and removed to the state the yeas and nays of the several delegates in the con- having jurisdiction of the offence, that state degress, and in the committee of the United States, fraying the expense of the removal. And full shall be entered on their respective journals, when faith and credit shall be given throughout the desired by any delegate present, who, at his re- United States to the acts, records and judicial proquest, shall be furnished with a transcript of the ceedings of the courts and magistrates in each. said journals respectively, except such parts as No state shall lay or allow to continue any are above excepted, to lay before the legislature prohibition, impost or duty, which may interfere of the several states. The committee of the Unit-with any treaty, which shall be made by the coned States shall at all times lay their journals and gress with any foreign power-no state shall proceedings before the congress, when by them engage in any war, without the consent of the conrequired. And with the powers herein delegated gress, unless such state be actually invaded by an to the congress, and that may by them be delegated enemy; or shall have received certain intelligence to the committee of the United States of America,f such hostile design, formed by some nation of they and each of them shall endeavor, that the con Indians, and the danger is so imminent as not to federacy receive no detriment. admit of a delay-no state shall grant letters of

The public faith pledged for past engagements of con- marque and reprisal, but after a declaration of war

gress.

by the congress; and then only against the power Art. 5. All bills of credit emitted, monies bor- against whom the war has been so declared, except rowed, and debts contracted by the congress of such state be infested by piracies, in which case the United States, or under their authority, before vessels of war may be fitted out by that state for this confederation, shall be deemed and considered the occasion only-no state shall enter into any as a charge against the United States of America; conference, agreement, treaty or alliance with any for full payment and satisfaction whereof, the said king, prince or foreign states-nor shall any person, United States and the public faith are hereby holding any office under the United States, or unsolemnly pledged. der any of them, accept of any present, emolument, The engagements of the several states to each other, office or titie, from any king or foreign state, with and declaration of their rights. out being thereby absolutely rendered forever Art. 6. There shall be a mutual friendship and incapable of any public trust, under the United intercourse among the people of the several states States, or any of them-nor shall any of these states

grant any title or nobility: But precedence and shall then appoint persons to number its whole rank shall be thus established: The president of inhabitants, according to the mode stated to ascerthe congress of America-the supreme civil officer ain the number of white inhabitants in each state, of a state while in it--the generalissimo and such persons being also caused to specify the numad niralissimo, and they according to seniority-ber of white, mustizo, mulatto and negro inhabitants the regular forces by land and sea, in the service respectively-such a numeration being duly return. of the United States-the regular forces by landed, the legislature in each state shall levy the sum and sea, in the service of a particular state, ranking of money to arise therefrom, in such mode as they with such forces in the service of any other state shall deem expedient; and a true copy of the said ➡the militia of a state, ranking with the militia of return shall, without loss of time, be sent to conany other-officers of equal degree, shall command gress--the several states shall duly pay their according to the rank hereby laid down for their pecuniary quotas into the treasury office of Amerespective corps; and officers of the same corps, rica, by the time mentioned by the congress for such being of equal degree, shall command by seniority payment, unless to the contrary directed for the of commission. good of the public service; in which case, such state so directed shall, within twelve months, duly account with the said treasury-office for the pecuniary quota, or part thereof so directed to be retained

The military land quota of each of the United States shall be in proportion to the number of white inhabitants in each-the legislature in the several states shall, from time to time, cause all each state shall, within five years, establish a the white inhabitants therein, to be numbered as foundation for a naval seminary, making suitable nearly as may be--the persons appointed to numprovision for the constant maintenance, education ber them, shall be sworn to make the most diligent| and fitting for sea, five youths for every thousand and accurate enquiry that they can, and to return white inhabitants within such state: Every such to the executive power in the state, the true num youth shall be admitted upon such establishment, ber they shall so find-they shall be paid for their at ten years of age: At the age of fourteen, he shall trouble, and punished for their neglect, if any be bound an apprentice in the sea service for seven there shall be the executive authority in each years, completely furnished with necessary clothes state, having received such a return, shall without and bedding: At the expiration of that term, he Joss of time send it, or an exact copy of it, to the shall be liable for a term of seven years, in time of congress such a return to the congress shall be war, to do duty, or to find a seaman to do duty in made before the first day of January next, and in his room, on board the naval force in the service every seventh year thereafter-the several states of the United States, or in that of the state in sball, in due time, embody the several military which he was so educated: And he or his subquotas required by the congress, and shall raise, stitute, as the case may be, shall for such service clothe, arm and maintain them, at the general exbe free from every tax; and losing the use of a limb pense, rated by the congress-the several states in the public service, shall be maintained ever after shall appoint all the regimental and deputy staff at the expense of the United States, or of that officers incidental to their quotas; and into as many state in whose particular service he was so maimej. brigades as the congress shall brigade their Each state shall make suitable laws for rendering tive quotas, so many brigadier-generals, shall such this naval establishment a public benefit-all gerespective state nominate, the whole to be com- neral officers, flag officers and commodores, shall missioned by the congress-all vacancies in a quota be created by election only, nor shall the princishall be supplied by its state-the executive powe, ple of seniority give any title to such promotionin each state, except that in which the congress be no state shall exercise any power hereby delegated sitting, shall, under the authority and controul of to the congress: But it is declared, the several the congress, direct the land forces, ships and ves states do possess and enjoy all those natural rights sels of war, and all officers incidental thereto, in and powers of sovereignty, not by this act delegat. the service of the United States, within such state ed: And it is also declared, that whenever the con. -the proportionate pecuniary quotas of the several gress shall cease to observe these articles of constates shall be regulated in proportion to the num. federation, the several states shall be at liberty to ber of inhabitants in each state respectively-declare themselves absolved from all obedience to whenever such pecuniary quotas for the service of that government.* the United States shall be required by congress, "For, whenever a question arises between the society at large and they shall state the capitation rate--each state ciety, it must be decided by the voice of that society itself; there it any magistrate vested with powers originally delegated by that sonot upon earth any other tribunal to resort to.-1 Blackstone, 2&

respec.

A declaration of the capability of admission into the by the parties interested therein: Nor shall any confederacy. alteration be made in them, or any of them, unless

The rules by which the confederation shall be under

stood.

Art. 7. Canada, acceding to this confederation, such alteration shall be agreed to in the congress, and joining in the measures of the United States, and allowed by the legislature of every state in shall be admitted into, and entitled to all the ad the confederacy. vantages of this union; and shall be equally, with any other of the United States, solemnly bound to a strict observance of and obedience to these arti Art. 10. To avoid, as far as may be, the dangers cles; as shall be also, any other colony which shall that may arise from an erroneous construction of be admitted into this confederacy. The eleven the articles of this confederation, and to prevent a votes in congress shall be increased in proportion contrariety of opinion upon them, they shall be unas the confederacy is extended: But, except Ca-derstood according to the expression and not othernada, no other colony shall be admitted into the wise. And all acts of the congress and of the comconfederacy without the assent of eleven or more mittee of the United States, shall be taken only in votes, as the case may require, by the confederation the same manner. being extended.

The penalty of violating the articles of confederation

In solemn confirmation and testimony whereof, we, the delegates for the states of New Hampshire, Massachusetts-Bay, Rhode Island and Providence Plantations, Connecticut, New-York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, in congress of the United States, being duly authorised thereunto by acts of the legislature of our respective states, for them and on their behalf, do hereunto sign our names and affix our seals at arms. in the state of

Done at

this

our Lord

day of

and in the

of the sovereignty of America.

in the year of

year

Art. 8 For the better assurance of the be efits ex pected from this confederation, voluntarily entered into by the several states; to guard, as far as may be, against the negligence and weakness of men; and to stimulate the several states to a due, regular and punctual obedience to this confederation, and performance of their several duties herein expressed it is declared, that if any state shall fail in causing its military quota to be duly embodied; or fail in causing its pecuniary quota or proportion of the general tax throughout the United States to be duly levied and paid, in either of such cases the state, so making default, shall, within twelve months thereafter, pay into the treasury office of You must have observed, Mr. Chairman, that my America, for the use of the United States, in the ideas have been collected but to one point-an first case, double the sum of money necessary to endeavor to render the plan before us as little its military quota, at the time it should have been liable to objection as I can-I have not pres....ned embodied; in the second case, double the sum of to touch its general scheme. I wish to have the money its pecuniary quota or proportion of the geopening of a congress altered from November to neral tax would have amounted to, if due paymen: February, March or April, for the reasons I have had been made, and which shall be estimated from assigned: I have chosen March, a month particularly its last return of inhabitants: And in default of the distinguishing the laudable exertions of this state; due payment of either of such penalties, or in case a month, remarkable for great events respecting any of the United States shall in any other respect the liberties of America; a month, including the violate any of the articles of this confederation, the date of the declension of Great Britain; a month, congress shall, within one year thereafter, declare that ever will be famous for the patriotic execusuch state under the ban of the confederacy, and tion of a Roman tyraut-but I am not obstinate in by the utmost vigor of arms shall forthwith proceed! this choice. I should most readily admit the against such state, until it shall have paid due famous 19th of April-the commencement of the obedience, upon which the ban shall be taken off civil war: Or the 4th of July, the illustrious and the state shall be restored to the benefits of epocha of the sovereignty of America! A day that ought to be held in everlasting remembrance--ä day that naturally points out the time for the annual meeting of the congress of America, to watch for the permanency of its independence.

this confederacy.

A declaration of the obligatory nature of the confederation, and in what manner it is capable of any alteration.

Art. 9. The articles of this confederation shali I have increased the least representation in conbe strictly binding upon, and inviolably observed gress, in order to procure a more numerous

re

presentation of the states, and to give efficacy to necessary, and perfectly equitable: Can it possibly the mode of trial of disputes between the states: be thought reasonable, that the southern interest for a numerous representation is a guard against should be judged of and determined upon, without corruption; and nothing should be left at hazard the consent of, at least, half the states principally that can be avoided-it seems requisite to declare, forming that interest?-It appears evident that the that a state shall be bound by the act of the con- free white inhabitants only of each of the states, gress, or the committee of the United States, should be entitled to the privileges and immunities although its representation shall not be present; of free citizens in the others; and that according for this will have a tendency to urge the states to to the law respecting free white inhabitants in such preserve their representation. I think it is utterly states respectively--the commercial negociations impolitic to exclude a member of congress from of congress, must ever be dilatory in their progress, being nominated to an office, under the United and their views often unattainable, while exposed States; for many a man, may be capable of perform-to a power, in any of the United States, to lay ing much more important service in such a station duties and impositions contrary to the spirit of than in congress: But I have already given my negociations manifestly to the general advantage: opinion fully on that subject. It seems necessary Such a power therefore should not exist―The to the despatch of business, that the president of greatest obstacles should be laid in the way of congress should also be the president of the com- public officers receiving any douceur from a foreign mittee of the United States: For this body is to prince-It seems absolutely necessary, that prece proceed in the business begun by the other-con-dence and rank should be established; for without gress ought to have the power of declaring treason: it jealousies and confusions may arise-The numera For the power is a great means of guarding against tion of the white inhabitants ought to be frequently internal machinations; and it naturally appertains made, and with the utmost accuracy: This being to such a body-An admiralissimo is necessary: for the best means of enabling the congress to wield the navy should be of right put upon an equal the strength of America with equal justice to the footing with the army, in point of rank: America several states, and with vigor in defence of the must be a great naval power; and every encourag-confederacy. And the mode in which this numerament should be given that she should be soon so-tion shall be made, and the general tax shall be I have mentioned a war and admiralty-office: For raised, ought to be specified: These things are such establishments do not seem to be regularly capable of being regulated in an easy, plain, equitcomprehended in the clause, "other committees able and punctual manner-The unanimous vote is and civil officers;" the copulative creating an idea highly expedient in the case of treason: For this of civil committees-The restriction upon the con- is a matter of the most serious importance-The gress nomination to military offices, is grounded eleven voices should be increased as the conupon the reasons I have assigned upon that head-federacy is enlarged: For neither the northern nor It does not seem any way expedient that congress southern interest should be effected, but by the should have a power of emitting or borrowing more consent of at least half the states in such interests money than the sum they rate as necessary to be respectively-The penal article justifies itself...as raised: And, therefore, they ought to be limited in does that upon the construction of the confedera that point-courts for the trial of piracies, and tion, and of the acts of congress and of the com receiving appeals in cases of capture, should be mittee of the United States. erected in each state: Because people should not In addition, sir, to this concise state of my rea be obliged to seek justice at a distance, when they can with propriety be allowed to procure it at home: made, I must beg leave to be more particular in sons for some of the principal alterations I have This is a fundamental principle of natural right, my arguments in support of others, which I have sanctioned by common law and usage-The law by much at heart and wish to make; because I have which the fight between states in controversy is not had an opportunity of introducing them with to be determined, ought to be specified; and the rule of right not left to the caprice of judges-we propriety. I will endeavor to be as short as the importance of the subject will admit. cannot but remember the high authority which says, "Misera servitus est, ubi jus est, vagum aut I have excluded those from the privileges of free incognitum The éleven votes seem absolutely white inhabitants in the several states who refuse *Woful is that subjection where the law is un- to take up arms in defence of the confederacy--2 certain or unknown.-4 Just. 246. measure in my opinion perfectly just. It is said,

example is before precept. Let the Quakers take inconsistent with the great laws of nature, and with shelter under any text in scripture they please the necessary state of human society, cannot be the best they can find, is but a far-fetched implica. inspired by the divinity. Self-defence is as necestion in their favor. However, had their preceptsary to nations as men. And shall particulars have been in more positive terms, I think I have an ex-a right which nations have not? True religion is ample at hand capable of driving them from such the perfection of reason. Fanaticism is the disa cover. We read that "Jesus went into the tem- grace, the destruction of reason." Than all this ple of God, and cast out all them that sold and nothing can be more just, certain and evident. Can bought in the temple, and overthrew the tables of those men reasonably claim an equal participation the money changers." Here we see the arm of the in civil rights who, under any pretence whatsoever, Mesh raised up, and a degree of hostile violence will not assist in defending them? Shall there be exercised, sufficient to the end in view: And shall people maintained in the possession of their it be said violence is not justifiable? Did not God riches by the labor and blood of other men? Are command Moses to number "all that were able to not the quakers, some few excepted, the most ge forth in war in Israel?" Did not Moses, by the inveterate enemies to the independence of AmeDivine order, send 12,000 men to cut off the rica? Have they not openly taken part with those Midianites: And, although "they slew all the in arms against us? I consider them not only as a males," were they not reprehended for having dead weight upon our hand, but as a dangerous "saved all the women alive?" Did not the Almighty body in our bosom; I would therefore gladly be command the children of Israel that, when they rid of them. I almost wish to "drive out all such had passed into Canaan, "then they should drive inhabitants of the land from before us." The out all the inhabitants of the land from before Canaanites knew not God. But the Quakers say them?" Did not Moses direct that, when the peo- they know him, and yet, according to the idea of ple were "come nigh unto the battle," the priests lord Lyttelton, would have gross folly and injustice should encourage them, declaring that the Lord to proceed from the fountain of wisdom and equity. their God was with them "to fight for them I entertain these sentiments with a conscience peragainst their enemies?" And yet the Quakers have fectly at ease on this point. If such treatment shall sagaciously found out a few words which, by im- be termed persecution, the conscientious Quakers plication, they contend restrain from doing now, can never take it amiss, when they recollect that what God then commanded as just. The grand it is s∙id, “blessed are they who are persecuted for principles of moral rectitude are eternal. Dare the Christ's sake." I do not consider this as such a per. Quakers contend that the myriads, who have secution: But if they should, can they be displeasdrawn the sword since the christian æra are ed at being placed in a situation to be blessed? damned for having done so? And unless they main And I would lay it down as a truth, that whoever tain this position, they seem to have no reasonable of that sect should be offended at such treatment, excuse for their creed and conduct. They seem would deserve to be expelled our society, as the to have forgot that it is written, "how hardly shall buyers, sellers and money changers were cast out they that have riches enter into the kingdom of of the temple. I am not afraid of any resentment, God" Are there any people upon the face of the when it is my duty to act in behalf of the rights and earth more diligent after riches than Quakers? We, in this time of calamity, know it to our cost. With out doubt there are many valuable men of that sect: Men of that persuasion are very good citizens in time of peace; but it is their principle in time of war that I condemn. Is there a Quaker who will not bring his action for trespass? Is not this an I would have it a point settled in the confederaopposition to force? Here they forget their prin- tion, that all general officers shall be electedciple of meekness and non-resistance. The great eradicating the idea of a promotion to that rank lord Lyttleton, in his dialogues of the dead, tells by seniority. The idea is monarchical—I do not us, "it is blasphemy to say that any folly could recollect that it was admitted in the ancient and come from the fountain of wisdom. Whatever is

*Notwithstanding the precept, "he that hath no sword, let him sell his garment and buy one." St. Luke, xxii. 36.

interests of America: I trust I fully demonstrated this resolution when, on the 25th of April, 1776, I had the honor, in the supreme seat of justice, to make the first public declaration in America, that my countrymen owed no allegiance to the king of Great Britain.

wise republics. The great Hannibal, when very over the heads of much older officers--and the first young, commanded the Carthagenian army in Spain Africanus thought it no diminution of his honor to