Hacker Chronicles 2

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ARTICLES OF CONFEDERATION MARCH 1,1781 To all 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 15th day of November, in the Year of Our Lord One thousand and Seventy seven, 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, Rhodeisland 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, Rhodeisland 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 indepen- dence, 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, pau- pers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citi- zens 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, pro- vided that such restriction 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; pro- vided 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 the 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 di- rect, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recal (recall) its delegates, or any of them, at any time within the year, and to send others in their stead, for the remain- der 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 cap- able 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 im- peached or questioned in any Court, or place out of Con- gress, 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 con- gress assembled shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept any present, emolu- ment, 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, confeder- ation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accu- rately the purposes for which the same is to be entered in- to, and how long it shall continue. No state shall lay any imposts or duties, which may inter- fere 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 or 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 or forces be kept up by any state, in time of peace, except such number only, as in the judgement 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 mili- tia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due num- ber 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 In- dians 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 com- missions 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 regu- lations as shall be established by the united states in con- gress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that oc- casion, 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 lev- ied 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 pi- racies and felonies committed on the high seas and estab- lishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of con- gress 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 boundaries, 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 commission- ers or judges, to hear and finally determine the contro- versy, 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 suf- ficient, or being present shall refuse to strike, the con- gress 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 judgement and the 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 judgement, which shall in like manner be final and decisive, the judgement 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 judge- ment, 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 deter- mine the matter in question, according to the best of his judgement, 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 passed such grants are adjusted, the said grants or either of them being at the same time claimed to have orig- inated 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 dis- putes 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 or 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 req- uisite to defray the expenses of the said office - appoint- ing all officers of the land forces, in the service of the united states, excepting regimental officers - appointing all 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 manag- ing the general affairs of the united states under their di- rection - to appoint one of their number to preside, provid- ed that no person be allowed to serve in the office of pres- ident more than one year in any term of three years; to as- certain 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 there- upon the legislature of each state shall appoint the regi- mental 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. The united states in congress assembled shall never engage in a war, nor grant letters or 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 bor- row money on the credit of the united states, nor appropri- ate 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 state 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 ad- journ 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 pub- lish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgement 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 except- ed, 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 admis- sion be agreed to by nine states. ARTICLE XII. All bills of credit emitted, monies borrowed and debts con- tracted 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 legisla- tures of every state. And Whereas it hath 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 respec- tive 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- spectively represent, and that the union shall be perpetual. In witness whereof we have hereunto set our hands in Con- gress. 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. John Bartlett, John Wentworth, junior August 8th, 1778 State of New Hampshire John Hancock, Samuel Adams, Elbridge Gerry, Francis Dana, James Lovell, Samuel Holten, State of Massachusetts William Ellery, Henry Marchant, John Collins, State of Rhode-Island Roger Sherman, Samuel Huntington, Oliver Wolcott, Titus Hosmer, Andrew Adams, State of Connecticut Ja Duane, Fra: Lewis, Wm. Duer, Gouv. Morris, State of New York Jn. Witherspoon, Nath. Scudder, November 26th, 1778 State of New Jersey Robert Morris, Daniel Roberdeau, Jon. Bayard Smith, William Clingar, Joseph Reed, 22d July, 1778 State of Pennsylvania Tho. McKean, Feb 22d 1779, John Dickinson, May 5th, 1779, Nicholas Van Dyke, State of Delaware John Hanson, March 1, 1781, Daniel Carroll, do State of Maryland Richard Henry Lee, John Banister, Thomas Adams Jn. Harvie, Francis Lightfoot Lee, State of Virginia John Penn, July 21st, 1778, Corn. Harnett, Jn. Williams, State of North Carolina Henry Laurens, William Henry Drayton, Jn. Mathews, Rich. Hutson, Tho. Heyward, jun State of South Carolina Jn. Walton, 24th July, 1778, Edw. Telfair, Edw. Langworthy, State of Georgia ------------------------------------------------------------ The proceedings of this day with respect to the signing of the Articles of Confederation, the Articles themselves and the signers are entered in the "Papers of the Continental Congress, No. 9 (History of the Confederation)", but not in the Journal itself. The Articles are printed here from the original roll in the bureau of Rolls and Library, Department of State.