peace and war, except in the cases mentioned in the sixth article: of sending and receiving ambassadors: entering into treaties and alliances; provided, that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever: of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated: of granting letters of marque and reprisal, in times of peace: appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts Members of for receiving and determining finally appeals in all cases of congress captures; provided, that no member of congress shall be judges of appointed a judge of any of the said courts. not to be admiralty courts. decide dis between proceeding The United States in congress assembled shall also be the Congress to last resort on appeal in all disputes and differences now sub- putes sisting or that hereafter may arise between two or more states states. concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the man- Mode of ner following: whenever the legislative or executive authority therein. 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 Judges to than seven nor more than nine names, as congress shall direct, ed by lot. 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 Opinions of judges, who shall hear the cause, shall agree in the determi- of judges to nation: and if either party shall neglect to attend at the day prevail, &c. appointed, without showing reasons which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence Judgment of the court to be appointed in the manner before prescribed, and conshall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear, be appoint a majority to be final clusive. Sentence and proceedings, where deposited. or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall in like manner be final and decisive, the judgment or sentence, and other proceedings, being in either case transmitted to congress, and lodged among the acts of congress for the security of the parties concerned: provided, that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior Oath to be 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 favor, affection, or hope of reward:" provided, also, that no state shall be deprived of territory for the benefit of the United States. taken by the judges. Proviso. Congress also to controver sies concerning private rights of soil. All controversies concerning the private right of soil, determine claimed under different grants of two or more states, whose jurisdiction as they may respect such lands and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states. Further powers of congress. Congress to appoint a of the states. powers of congress The United States in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states: fixing the standard of weights and measures throughout the United States: regulating the trade and managing all affairs with the Indians not members of any of the states; provided that the legislative right of any state within its own limits be not infringed or violated: establishing and regulating post-offices from one state to another throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office: appointing all officers of the land forces in the service of the United States, excepting regimental officers: appointing all the officers of the naval forces, and commissioning all officers, whatever in the service of the United States: making rules for the government and regulation of the said land and naval forces, and directing their operations. The United States in congress assembled shall have authocommittee rity to appoint a committee to sit in the recess of congress, to be denominated "a committee of the states;" and to consist Additional of one delegate from each state, and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States, under their direction: to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years: to ascertain the necessary sums of money to be raised for the service of enumera ted. the United States, and to appropriate and apply the same for defraying the public expenses: to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted: to build and equip a navy: to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisition shall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, 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, clothed, 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 can not be safely spared out of the same; in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in congress assembled. The United States in congress assembled shall never engage Congress in a war, nor grant letters of marque and reprisal in time of cise certain peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and welfare of the United States or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine states assent to the same; nor shall a ques- Questions, tion on any other point, except for adjourning from day to cided. day, be determined, unless by the votes of a majority of the United States in congress assembled. not to exer. powers unless by the ne states. how de ment, and ceedings of The congress of the United States shall have power to Adjourn adjourn to any time within the year, and to any place within other prothe United States, so that no period of adjournment be for a congress. longer duration than the space of six months; and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require 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; Committee of the states may be vested with certain powers. Canada may be admitted into the confederacy. Payment of debts assumed. Obligations imposed by Union-per! 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. ART. 10. The committee of the states, or any nine of them, shall be authorised 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. ART. 11. Canada, acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to, all the advantages of this union: but no other colony shall be admitted into the same unless such admission be agreed to by nine states. ART. 12. All bills of credit emitted, moneys borrowed, and debts contracted, by or under the authority of congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. ART. 13. Every state shall abide by the determination of the confede the United States in congress assembled, on all questions ration. which, by this confederation, are submitted to them. And the petual, &c. 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 legislature of every state. Ratification. And whereas it has pleased the Great Governor of the world to incline the hearts of the legislatures we respectively represent in congress, to approve of and to authorise us to ratify the said articles of confederation and perpetual union: KNOW YE, That we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained; and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in congress assembled, on all questions which, by the said confederation, are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent; and that the union shall be perpetual. In witness whereof, we have hereunto set our hands, in congress. Done at Philadelphia, in the state of Pennsylvania, the ninth day of July, in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the independence of America. On the part and behalf of the state of New-Hampshire. Josiah Bartlett, Signatures to the act of tion. John Wentworth, jun. Aug. 8, 1778. confedera On the part and behalf of the state of Massachusetts Bay. On the part and in behalf of the state of Rhode-Island and Providence On the part and in behalf of the state of New-Jersey. Jno. Witherspoon, Nath. Scudder, Nov. 26, 1778. On the part and behalf of the state of Pennsylvania. Robt. Morris, Daniel Roberdeau, William Clingan, Joseph Reed, 22d July, 1778. On the part and behalf of the state of Delaware. Tho. M'Kean, Feb. 13, 1779. On the part and behalf John Hanson, March 1, 1781. On the part and behalf Richard Henry Lee, Thomas Adams, Nicholas Van Dyke. of the state of Maryland. do. of the state of Virginia. Francis Lightfoot Lee. On the part and behalf of the state of North-Carolina. John Penn, July 21st, 1778. Corns. Harnett. Jno. Williams. On the part and behalf of the state of South-Carolina. Henry Laurens, William Henry Drayton, Jno. Mathews, On the part and behalf Jno. Walton, 24th, July, 1778. Edwd. Telfair, Richard Hutson, of the state of Georgia. |