between two or more states concern- | one year in the term of three years; ing boundary, jurisdiction, or any to ascertain the necessary sums for other cause whatsoever; and the the public service, and to approprimode of exercising that authority ate the same for defraying the was specially prescribed. And all public expenses; to borrow money, controversies concerning the private and emit bills on credit of the right of soil, claimed under different United States; to build and equip a grants of two or more states before navy; to agree upon the number of the settlement of their jurisdiction, land forces, and make requisitions were to be finally determined in the upon each state for its quota, in same manner, upon the petition of proportion to the number of white either of the grantees. But no state inhabitants in such state. The was to be deprived of territory for the benefit of the United States.

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Congress was also invested with the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or that of the United States; of fixing the standard of weights and measures throughout the United States; of 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 should be not infringed or violated; of establishing and regulating postoffices from one state to another, and exacting postage to defray the expenses; of appointing all officers of the land forces in the service of the United States, except regimental officers; of appointing all officers of the naval forces, and commissioning all officers whatsoever in the service of the United States; and of making rules for the government and regulation of the land and naval forces, and directing their operations.

legislature of each state were to appoint the regimental officers, raise the men, and clothe, arm, and equip them at the expense of the United States.

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Congress was also invested with power to adjourn for any time not exceeding six months, and to any place within the United States; and provision was made for the publication of its journal, and for entering the yeas and nays thereon, when desired by any delegate.

"Such were the powers confided in congress. But even these were greatly restricted in their exercise; for it was expressly provided, that congress should never engage in a war; nor grant letters of marque or reprisal in time of peace; nor enter into any treaties or alliances; nor coin money, or regulate the value thereof; nor ascertain the sums or expenses necessary for the defence and welfare of the United States; 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 "Congress was also invested with to be built, or purchased; or the authority to appoint a committee of number of land or sea forces to be the states to sit in the recess of con- raised; nor appoint a commander gress, and to consist of one delegate in chief of the army or navy; unless from each state, and other commit-nine states should assent to the same. tees and civil officers, to manage the general affairs under their direction; to appoint one of their number to preside, but no person was to serve in the office of president more than

And no question on any other point, except for adjourning from day to day, was to be determined, except by a vote of the majority of the states.

"The committee of the states or foreign king, prince or state; nor any nine of them, were authorized could congress itself grant any title in the recess of congress to exer- of nobility. No two states could cise such powers, as congress, with enter into any treaty, confederation, the assent of nine states, should or alliance with each other, without think it expedient to vest them with, the consent of congress. No state except such powers, for the exercise could lay any imposts or duties, of which, by the articles of confede- which might interfere with any then ration, the assent of nine states was proposed treaties. No vessels of war required, which could not be thus were to be kept up by any state in delegated. time of peace, except deemed ne"It was further provided, that all cessary by congress for its defence, bills of credit, moneys borrowed, or trade, nor any body of forces, and debts contracted by or under the except such, as should be deemed authority of congress before the requisite by congress to garrison confederation, should be a charge its forts, and necessary for its deagainst the United States; that fence. But every state was required when land forces were raised by always to keep up a well regulated any state for the common defence, and disciplined militia, sufficiently all officers of or under the rank of armed and accoutred, and to be procolonel should be appointed by the vided with suitable field-pieces, and legislature of the state, or in such tents, and arms, and ammunition, manner as the state should direct; and camp-equipage. No state could and all vacancies should be filled up engage in war without the consent in the same manner; that all of congress, unless actually invaded charges of war, and all other by enemies, or in danger of invasion expenses for the common defence or by the Indians. Nor could any general welfare, should be defrayed state grant commissions to any ships out of a common treasury, which of war, nor letters of marque and should be supplied by the several reprisal, except after a declaration states, in proportion to the value of of war by congress, unless such the land within each state granted or state were infested by pirates, and surveyed, and the buildings and im- then subject to the determination of provements thereon to be estimated congress. No state could prevent according to the mode prescribed the removal of any property imby congress; and the taxes for that ported into any state to any other proportion were to be laid and state, of which the owner was an levied by the legislatures of the states within the time agreed upon by congress.

inhabitant. And no imposition, duties, or restriction, could be laid by any state on the property of the United States or of either of them.

"Certain prohibitions were laid upon the exercise of powers by the "There was also provision made respective states. No state, without for the admission of Canada into the the consent of the United States, union, and of other colonies with the could send an embassy to, or receive assent of nine states. And it was an embassy from, or enter into, any finally declared, that every state treaty with any king, prince, or should abide by the determinations state; nor could any person holding of congress on all questions submitany office under the United States, ted to it by the confederation; that or any of them, accept any present, the articles should be inviolably obemolument, office or title, from any served by every state; that the

union should be perpetual; and tains the rules and regulations for that no alterations should be made the government of the navy of the in any of the articles, unless agreed United States. to by congress, and confirmed by the legislatures of every state.

ARTICLES, eccl. law, a complaint in the form of a libel, exhi"Such is the substance of this cele-bited to an ecclesiastical court. brated instrument, under which the ARTICULATE ADJUDICAtreaty of peace, acknowledging our TION, a term used in the Scotch independence, was negotiated, the law in cases where there is more war of the revolution concluded, and than the debt due to the adjudging the union of the states maintained creditor, when it is usual to accuuntil the adoption of the present con- mulate each debt by itself, so that stitution." any error which may arise in ascerARTICLES OF IMPEACH-taining one of the debts need not MENT. An instrument, which in reach to all the rest. cases of impeachment, (q. v.) is ARTIFICERS. Persons whose used, and performs the same office employment or business consists which an indictment does in a com- chiefly of bodily labour.

accuracy

Those

who are masters of their arts. Cunn. Dict. h. t. Vide Art.

AS. The name of a kind of They money among the Romans. divided it into twelve parts or twelve ounces, which made a Roman pound. The Romans also divided an inheritance into twelve parts, the whole inheritance was therefore called as, whence this expression, hæres ex asse, or, legetarius ex asse, the heir of the whole estate.

mon criminal case, is known by this name. These articles do not usually pursue the strict form and of an indictment. Woods. Lect. 40, p. 605; Foster, 389, 390; Com. Dig. Parliament, L 21. They are sometimes quite general in the form of the allegations, but always contain, or ought to contain, so much certainty, as to enable the party to put himself on the proper defence, and in case of an acquittal, to avail himself of it, as a bar to another ASCENDANTS, are those from impeachment. Additional articles whom a person is descended or from may, perhaps, be exhibited at any whom he derives his birth, howstage of the prosecution. Story on ever remote they may be. Every the Const. § 806; Rawle on the one has two ascendants at the Const. 216. The answer to articles first degree, his father and mother; of impeachment is exempted from four at the second degree, his paobserving great strictness of form; ternal grandfather and grandmoand it may contain arguments as ther, and his maternal grandfather well as facts. It is usual to give a and grandmother; eight at third. full and particular answer to each ar- Thus in going up we ascend by ticle of the accusation. Story, § 808. various lines which fork at every ARTICLES OF WAR. The generation. By this progress sixname commonly given to a code teen ascendants are found at the made for the government of the fourth degree; thirty-two, at the army. The act of April 10, 1806, fifth; sixty-four, at the sixth; one 2 Story's Laws U. S. 992, contains hundred and twenty-eight at the the rules and articles by which the seventh, and so on; by this proarmies of the United States shall gressive increase, a person has at be governed. The act of April 23, the twenty-fifth generation, thirty1800, 1 Story's L. U. S. 761, con- three millions five hundred and

fifty-four thousand, four hundred miss him, the former would be guilty and thirty-two ascendants. But as of an assault with intent to murder; many of the ascendants of a person so an assault with intent to rob a have descended from the same man, or with intent to spoil his ancestor, the lines which were clothes and the like are aggravated forked, reunite to the first common assaults, and they are more severely ancestor, from whom the others punished than simple assaults. Gendescend; and this multiplication eral references, 1 East, P. C. 406; thus frequently interrupted by the common ancestors, may be reduced to a few persons. Vide Line. ASPORTATION. Vide Carrying away.

ASSASSIN, crim. law. An assassin is one who attacks another either traitorously, or with the advantage of arms or place, or of a number of persons who support him, and kills him. This being done with malice aforethought is murder. The term assassin is but little used in the common law, it is borrowed from the civil law.

Bull. N. P. 15; Hawk. P. C. b. 1, c. 62, s. 12; 1 Russ. Cr. 604; 2 Camp. Rep. 650; 1 Wheeler's Cr. C. 364; 6 Rogers's Rec. 9; 1 Serg. & Rawle, 347; 1 Bac. Ab. 242; Roscoe, Cr. Ev. 210.

ASSAY. A chemical examination of metals by which the quantity of valuable or precious metal contained in any mineral or metallic mixture is ascertained. By the acts of congress of March 3, 1823, 3 Story's L. U. S. 1924; of June 25, 1834, 4 Sharsw. cont. of Story's L. U. S. 2373; and of June 28, 1834, Ibid. 2377, it is made the duty of the secretary of the treasury to cause assays to be made at the mint of the United States, of certain coins made current by the said acts, and to make report of the result thereof to congress.

ASSASSINATION, crim. law, is a murder committed by an assassin. ASSAULT, crim. law. An assault is any attempt or offer with force or violence to do a corporal hurt to another, whether from malice or wantonness; for example, by striking at him or even holding up the ASSEMBLY, is a reunion of a fist at him in a threatening or insult- number of persons in the same place. ing manner, or with other circum- There are several kinds of assemblies. stances as denote at the time an Political, authorised by the constituintention, coupled with a present tion and laws; for example, the ability, of actual violence against his general assembly which includes, person, as by pointing a weapon at the senate and house of representahim when he is within reach of it. tives; the meeting of the electors of 6 Rogers's Rec. 9. When the injury president and vice-president of the is actually inflicted, it amounts to a United States, may also be called an battery, (q. v.) Assaults are either assembly. Popular assemblies are simple or aggravated. 1. A simple those where the people meet to assault is one where there is no deliberate upon their rights; these intention to do any other injury. are guaranteed by the constitution. This is punished at common law by Const. U.S. Amendm. art. 1; Const. fine and imprisonment. 2. An ag- of Penn. art. 9, s. 20. gravated assault is one that has in addition to the bare intention to commit it, another object which is also criminal; for example if a man should fire a pistol at another and VOL. 1.-13.

ASSEMBLY, unlawful, in criminal law, the meeting of three or more persons to do an unlawful act, although they may not carry their purpose into execution. It differs

valuation or appraisement; it is also applied to making out a list of persons, and appraising their several occupations, chiefly with a view of taxing the said persons and their property.

ASSESSORS, in the civil law, were so called from the word adsidere, which signifies to be seated with the judge. They were lawyers who were appointed to assist by their advice the Roman magistrates, who were generally ignorant of law, being mere military men. Dig. lib. 1, t. 22; Code, lib. 1 t. 51. In our law, an assessor is one who has been legally appointed to value and appraise property, generally with a view of laying a tax on it.

ASSETS. The property in the hands of an heir, executor, administrator or trustee, which is legally or equitably liable to discharge the obligations, which such heir, executor, administrator or other trustee, is, as such, required to discharge, is called assets. The term is derived from the French word assez, enough, that is, the heir or trustee has enough property. But the property is still called assets

from a riot or rout (q. v.) because in each of the latter cases there is some act done besides the simple meeting. ASSENT, contructs, is an agreement to something that has been done before. It is either express, where it is openly declared; or implied, where it is presumed by law. For instance, when a conveyance is made to a man, his assent to it is presumed, for the following reasons; 1. Because there is a strong intendment of law, that it is for a person's benefit to take, and no man can be supposed to be unwilling to do that which is for his advantage.-2. Because it would seem incongruous and absurd, that when a conveyance is completely executed on the part of the grantor, the estate should continue in him.-3. Because it is contrary to the policy of law to permit the freehold to remain in suspense and uncertainty. 2 Ventr. 201; 3 Mod. 296; 3 Lev. 284; Show. P. C. 150; 3 Barn. & Alders. 31; 1 Binn. R. 502. A dissent properly expressed would prevent the title from passing from the grantor unto the grantee. 12 Mass. R. 461. See 3 Munf. R. 345; 4 Munf. R. 332, although there may not be enough pl. 9; 5 Serg. & Rawle, 523; 20 Johns. R. 184. The rule requiring an express dissent does not apply however when the grantee is bound to pay a consideration for the thing granted. 1 Wash. C. C. Rep. 70. TO ASSESS, 1. To rate or to fix the proportion which every person has to pay of any particular tax. 2. To assess damages is to ascertain what damages are due to the plaintiff; in actions founded on writings in many cases after interlocutory judgment, the prothonotary is directed to assess the damages; in cases sounding in tort the damages are assessed on a writ of inquiry by the sheriff and a jury.

ASSESSMENT, is the making out a list of property and fixing its

to discharge all the obligations; and the heir, executor, &c. is chargeable in distribution as far as such property extends. Assets are sometimes divided by all the old writers, into assets enter mains and assets per descent; considered as to their mode of distribution, they are legal or equitable; as to the property from which they arise, they are real or personal.

Assets enter mains, or assets in hand, is such property as at once comes to the executor or other trustee for the purpose of satisfying claims against him as such. Termes de la Ley.

Assets per descent, is that portion of the ancestor's estate which descends to the heir, and which is