ARTICLES OF CONFEDERATION

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ARTICLES OF CONFEDERATION


ARTICLES OF CONFEDERATION. The compact which was made by the original thirteen states of the United States of America, bore the name of the"Articles of Confederation and perpetual union between, the states of NewHampshire, Massachusetts Bay, Rhode Island and Providence Plantations,Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,Virginia, North Carolina, South Carolina, and Georgia." It was adopted andwent into force on the first day of March, 1781, and remained as the supremelaw until the first Wednesday of March, 1789. 5 Wheat. R. 420. The followinganalysis of this celebrated instrument is copied from Judge Story'sCommentaries on the Constitution of the United States, Book 2, c. 3. 2. "In pursuance of the design already announced, it is now proposed togive an analysis of the articles of confederation, or, as they aredenominated in the instrument itself, the Articles of Confederation andPerpetual Union between the States, as they were finally adopted by thethirteen states in 1781. 3. "The style of the Confederacy was, by the first article, declared tobe, `The United States of America.' The second article declared, that eachstate retained its sovereignty, freedom, and independence, and every power,jurisdiction and right, which was not by this confederation expresslydelegated to the United States, in congress assembled. The third articledeclared, that the states severally entered into a firm league of friendshipwith each other, for their common defence, the security of their liberties,and their mutual and general welfare binding themselves to assist each otheragainst all force offered to, or attacks made upon them, or any of them, onaccount of religion, sovereignty, trade, or any other pretence whatever. Thefourth article declared, that the free inhabitants of each of the states,(vagabonds and fugitives from justice excepted,) should be entitled to allthe privileges of free citizens in the several states; that the people ofeach state should have free ingress and regress to any from any other state,and should enjoy all the privileges of trade and commerce, subject to thesame duties and restrictions, as the inhabitants; that fugitives fromjustice should, upon the demand of the executive of the state, from whichthey fled, be delivered up; and that full faith and credit should be given,in each of the states, to the records, acts, and judicial proceedings of thecourts and magistrates of every other state. 4. "Having thus provided for the security and intercourse of thestates, the next article (5th) provided for the organization of a generalcongress, declaring that delegates should be chosen in such manner, as thelegislature of each state should direct; to meet in congress on the firstMonday in every year, with a power, reserved to each state, to recall any orall of the delegates, and to send others in their, stead. No state was to berepresented in congress by less than two, nor than seven members. Nodelegate was eligible for more than three, in any term of six years; and nodelegate was capable of holding any office of emolument under the UnitedStates. Each state was to maintain its own delegates; and, in determiningquestions in congress, was to have one vote. Freedom of speech and debate incongress was not to be impeached or questioned in any other place; and themembers were to be protected from arrest and imprisonment, during the timeof their going to and from, and attendance on congress, except for treason,felony, or breach of the peace. 5. "By subsequent articles, congress was invested with the sole andexclusive right and power of determining on peace and war, unless in case ofan invasion of a state by enemies, or an imminent danger of an invasion byIndians; of sending and receiving ambassadors; entering into treaties andalliances, under certain limitations, as to treaties of commerce; ofestablishing rules for deciding all cases of capture on land and water, andfor the division and appropriation of prizes taken by the land or navalforces, in the service of the United States of granting letters of marqueand reprisal in times of peace; of appointing courts for the trial ofpiracies and felonies committed on the high seas; and of establishing courtsfor receiving and finally determining appeals in all cases of captures. 6. "Congress was also invested with power to decide in the last resort,on appeal, all disputes and differences between two or more statesconcerning boundary, jurisdiction, or any other cause whatsoever; and themode of exercising that authority was specially prescribed. And allcontroversies concerning the private right of soil, claimed under differentgrants of two or more states before the settlement of their jurisdiction,were to be finally determined in the same manner, upon the petition ofeither of the grantees. But no state was to be deprived of territory for thebenefit of the United States. 7. "Congress was also invested with the sole and exclusive right andpower of regulating the alloy and value of coin struck by their ownauthority, or that of the United States; of fixing the standard of weightsand measures throughout the United States; of regulating the trade andmanaging all affairs with the Indians, not members of any of the states,provided, that the legislative right of any state within its own limitsshould not be infringed or violated of establishing and regulating postoffices from one state to another, and exacting postage to defray theexpenses; of appointing all officers of the land forces in the service ofthe United States, except regimental officers; of appointing all officers ofthe naval forces, and commissioning all officers whatsoever in the serviceof the United States; and of making rules for the government and regulationof the land and naval forces, and directing their operations. 8. "Congress was also invested with authority to appoint a committee ofthe states to sit in the recess of congress, and to consist of one delegatefrom each state, and other committees and civil officers, to manage thegeneral affairs under their direction; to appoint one of their number topreside, but no person was to serve in the office of president more than oneyear in the term of three years; to ascertain the necessary sums for the,public service, and to appropriate the same for defraying the publicexpenses; to. borrow money and emit bills of credit of the United States tobuild and equip a navy; to agree upon the number of land forces, and makerequisitions upon each state for its quota, in proportion to the number ofwhite inhabitants in such state. The legislatures of each state were toappoint the regimental officers, raise the men, and clothe, arm, and equipthem at the expense of the United States. 9. "Congress was also invested with power to adjourn for any time notexceeding six months, and to any place within the United States andprovision was made for the publication of its journal, and for entering theyeas and nays thereon, when desired by any delegate. 10. "Such were the powers confided in congress. But even these weregreatly restricted in their exercise; for it was expressly. provided, thatcongress should never engage in a war; nor grant letters of marque orreprisal in, time of peace; nor enter into any treaties or alliances; norcoin money or regulate the value thereof; nor ascertain the sums or expensesnecessary for the, defence and welfare of the United States, nor emit billsnor 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; orthe number of land or sea forces to be raised; nor appoint a commander-in-chief of the army or navy; unless nine states should assent to the same. Andno question on any other point, except for adjourning from day to day, was to be determined, except by vote of the majority of the states. 11. "The committee of the states or any tine of them, were authorized inthe recess of congress to exercise such powers, as congress, with the assentof nine states, should think it expedient to vest them with, except suchpowers for the exercise of which, by the articles of confederation, theassent of nine states was required, which could not be thus delegated. 12. "It was further. provided, that all bills of credit, moneysborrowed, and debts contracted by or under the authority of congress beforethe confederation, should be a charge against the United States; that whenland forces were raised by any state for the common defence, all officers ofor under the rank of colonel should be appointed by the legislature of thestate, or in such manner as the state should direct; and all vacanciesshould be filled up in the same manner that all charges of war, and allother expenses for the common defence or general welfare, should be defrayedout of a common treasury, which should be supplied by the several states, inproportion to the value of the land within each state granted or surveyed,and the buildings and improvements thereon, to be estimated according to themode prescribed by congress; and the taxes for that proportion were to belaid and levied by the legislatures of the states within the time agreedupon by congress. 13. "Certain prohibitions were laid upon the exercise of powers by therespective states. No state, without the consent of the United States, couldsend an embassy to, or receive an embassy from, or enter into, any treatywith any king, prince or state; nor could any person holding any officeunder the United States, or any of them, accept any present, emolument,office or title, from any foreign king, prince or state; nor could congressitself grant any title of nobility. No two states could enter into anytreaty, confederation, or alliance with each other, without the consent ofcongress. No state could lay any imposts or duties, which might interferewith any proposed treaties. No vessels of war were to be kept up by anystate in time of peace, except deemed necessary by congress for its defence,or trade; nor any body of forces, except such as should be deemed requisiteby congress to garrison its forts, and necessary for its defence. But everystate was required always to keep up a well regulated and disciplinedmilitia, sufficiently armed and accoutred, and to be provided with suitablefield-pieces, and tents, and arms, and ammunition, and camp equipage. Nostate could engage in war without the consent of congress, unless actuallyinvaded by enemies, or in danger of invasion by the Indians. Nor could anystate grant commissions to any ships of war, nor letters of marque andreprisal, except after a declaration of war by congress, unless such statewere infested by pirates, and then subject to the determination of congress.No state could prevent the removal of any property imported into any stateto any other state, of which the owner was an inhabitant. And no imposition,duties, or restriction, could be laid by any state on the Property of theUnited States or of either of them. 14. "There was also provision made for the admission of Canada, into theUnion, and of other colonies with the assent of nine states. And it wasfinally declared, that every state should abide by the determinations ofcongress on all questions submitted to it by the confederation; that thearticles should be inviolably observed by every state; that the unionshould be perpetual; and that no alterations should. be made in any of thearticles, unless agreed to by congress, and 'Confirmed by the legislaturesof every state. 15. "Such is the substance of this celebrated instrument, under whichthe treaty of peace, acknowledging our independence, was negotiated, the warof the revolution concluded, and the union of the states maintained untilthe adoption of. the present constitution."

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