Taxes to be levied by The taxes for paying that proportion shall be laid and levied by the the states. authority and direction of the legislatures of the several states, within the time agreed upon by the United States in congress assembled. Powers of the con gress. Members of congress not to be Judges of admiralty courts. Congress to decide dis putes between states. Mode of proceeding therein. Judges to ed by lot. ART. 9. 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 piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures; provided, that no member of congress 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 boundary, 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 be appoint 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 commissioners or judges, Opinions of to hear and finally determine the controversy, so always as a major part of a majority the judges, who shall hear the cause, shall agree in the determination: of judges to prevail, &c. and if either party shall neglect to attend at the day 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 Judgment of such party absent or refusing; and the judgment and 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 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 court of the state, where the cause shall be tried, "well and truly to hear and determine the matter in question, according the judges. to the best of his judgment, without favor, affection, or hope of reward:" to be final and conclusive. Sentence and proceedings, where de posited. Oath to be taken by provided also, that no state shall be deprived of territory for the benefit Proviso. of the United States. also to sies con. All controversies concerning the private right of soil, claimed under Congress different grants of two or more states, whose jurisdiction as they may determine respect such lands and the states which passed such grants are adjusted, controver the said grants or either of them being at the same time claimed to have cerning originated antecedent to such settlement of jurisdiction, shall, on the private petition of either party to the congress of the United States, be finally soll. determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states. rights of congress. The United States in congress assembled shall also have the sole and Further exclusive right and power of regulating the alloy and value of coin struck Powers of 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. states. congress ted. The United States in congress assembled shall have authority to Congress to appoint appoint a committee to sit in the recess of congress, to be denominated to commit "a committee of the states;" and to consist of one delegate from each tee of the state, and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States, under Additional their direction; to appoint one of their number to preside, provided that powers of no person be allowed to serve in the office of president more than one enumerayear in any term of three years: to ascertain 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 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 cannot 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. Congress not to exer powers unless by how decided. The United States in congress assembled shall never engage in a war, cise certain nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, the votes of nor ascertain the sums and expenses necessary for the defence and welfare nine states. 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 Questions 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 in congress. assembled. The congress of the United States shall have power to adjourn to any ment, and 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 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; 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. Adjourn other proceedings, of con gress. Committee of the be vested with certain pow. ers. ART. 10. The committee of the states, or any nine of them, shall be states may 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 ninestates in the congress of the United States assembled is requisite. Canada may be ad ART. 11. Canada acceding to this confederation, and joining in the mitted into 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. the confederacy. Payment of debts as sumed. Obligations imposed by eration. 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 United the confed 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 legislature of every state. Union per petual, &c. 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 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 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 seventyeight, 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 eration. John Wentworth, Jun., Aug. 8, 1778. of confedOn 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 behalf of the state of Delaware. Tho. M'Kean, Feb. 13, 1779. On the part and behalf of the state of Maryland. On the part and behalf of the state of Virginia. John Hanson, March 1, 1781. Richard Henry Lee, Thomas Adams, Jno. Harvie. 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, Richard Hutson, Thos. Heyward, Jun. Jno. Mathews, A. D. 1778. Inde. U. S. II. On the part and behalf of the state of Georgia. Jno. Walton, 24th July, 1778. And whereas the senate and assembly of this state of New York, in legislature convened, have separately taken the said several articles of confederation into their respective, most deliberate and mature consideration; and by their several and respective resolutions, deliberately made confedera- and entered into for the purpose, have fully and entirely approved of the Approba articles of tion of tion. Ib. Power to delegates to ratify congress. same: In order therefore, That such approval may be published and made known to the whole world, with all the solemnities of law, and that all the subjects of this state, and others inhabiting and residing therein, from time to time, and at all times thereafter, as long as the said confederation shall subsist and endure, may be bound by, and held to the due observance of the said articles of confederation, as a law of this state, if the same shall be duly ratified by all the said United States in congress assembled. Be it enacted and declared by the people of the state of New York, represented in Senate and Assembly, and it is hereby enacted and declared by the authority of the same, That the said several above recited articles of confederation, and all and singular the clauses, matters and things in the same contained, be, and the same are hereby fully accepted, received and approved of, for and in behalf of the people of this state. And to the end that the same may, with all due form and solemnity, be ratified and confirmed by this state in congress. Be it further enacted by the authority aforesaid, That the delegates of this state, in the said congress of the United States of America, or any the same in two of the said delegates, shall be, and hereby are fully authorized, empowered and required, wholly, entirely and absolutely, for and in behalf of the people of this state, and in such manner and under such formalities, as shall be determined in congress, to ratify and confirm, all and every of the said above recited articles of confederation, and all and singular the clauses, matters and things in the same contained; and that an exemplification of this act, tested by his excellency the governor, or the lieutenant-governor, or president of the senate of this state, for the time being administering the government, and authenticated with the great seal of this state, shall be full and conclusive evidence of this act. Provided always: Not to be binding till all the ratify. This proviso was altered, L. 1779, ch. 30. That nothing in this act, or the said above recited articles of confederation contained, nor any act, matter or thing, to be done and transacted other states by the delegates of this state in congress, in and concerning the premises or any part thereof, shall bind or oblige, or be construed, deemed or esteemed to bind or oblige the government, legislature, people, subjects, inhabitants or residents of this state, until the said above recited articles of confederation shall have been duly ratified and confirmed by, or in behalf of all the said United States in congress assembled; anything herein, or in the said above recited articles of confederation contained to the contrary thereof, in any wise notwithstanding. [NOTE-From the circumstance of delegates from the same state having signed the articles of confederation at different times, as appears by the dates, it is probable they affixed their names as they happened to be present in congress, after they had been authorised by their constituents.] The preceding copy of the articles of confederation, and the foregoing note, are taken from pages 13-20 of the first volume of the edition of the Laws of the United States, published by Messrs. Bioren, Duane and Weightman, in 1815, under the authority of an act of congress. The above articles of confederation continued in force until the 4th day of March, 1789, when the constitution of the United States took effect.] |