Founding America: Documents from the Revolution to the Bill of Rights (30 page)

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 Assembled, 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, sex and quality except Indians not paying taxes, in each State, a true account of which, distinguishing the white inhabitants shall be triennially taken and transmitted to the Assembly 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 Assembled.

ARTICLE X. 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.

ARTICLE XI. 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 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 ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States Assembled, 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 Assembled.

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 Assembled; 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 Assembled 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 establishing 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—establishing Courts for receiving and determining finally appeals in all cases of captures—sending and recieving Ambassadors—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—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 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 Assembled 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 assembled, 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 Assembled.

But if the United States in Congress Assembled shall on consideration of circumstances 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 Assembled.

The United States in Congress Assembled 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 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.

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 Assembly 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 assembled.

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 Assembled, unless an alteration of circumstances 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 Assembled, 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 Assembled, 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 Assembled, to employ a person to fulfill the Duties of such Office until the Assembly of the States meet—To publish and disperse authentic accounts of military operations—To summon an Assembly 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 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.

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 Assembly 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 Assembly 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.

 

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 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, paupers, vagabonds, and fugitives from justice excepted, shall be entitled 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.