sovereign, and independent people. They recommended, with earnestness, a cession of the western territory; and at the same time they as earnestly recommended to Maryland to subscribe the Articles of Confederation.1 A cession was accordingly made by the delegates of New York on the 1st of March, 1781, the very day on which Maryland acceded to the confederation. Virginia had previously acted upon the recommendation of Congress; and by subsequent cessions from her, and from the States of Massachusetts, Connecticut, South Carolina, and Georgia, at still later periods, this great source of national dissension was at last dried up.2(a) 1 Secret Journals, 6 Sept., 1780, p. 442; 1 Kent's Comm. 197, 198; 2 Pitk. Hist. ch. 11, pp. 19 to 36. 2 The history of these cessions will be found in the Introduction to the Land Laws of the United States, printed by order of Congress in 1810, 1817, and 1828; and in the first volume of the Laws of the United States, printed by Bioren and Duane in 1815, p. 452, &c. (a) This subject is considered some. what by Mr. Rives in his Life of Madison, I. 257, et seq. See Hildreth, Hist. of CHAPTER III. ANALYSIS OF THE ARTICLES OF CONFEDERATION. § 229. In pursuance of the design already announced, it is now proposed to give an analysis of the Articles of Confederation, or, as they are denominated in the instrument itself, the "Articles of Confederation and Perpetual Union between the States," as they were finally adopted by the thirteen States in 1781. § 230. The style of the confederacy was by the first article declared to be "The United States of America." The second article declared that each State retained its sovereignty, freedom, and independence, and every power, jurisdiction, and right which was not by this confederation expressly delegated to the United States in Congress asembled. The third article declared that the States severally entered 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. The fourth article declared that the free inhabitants of each of the States (vagabonds and fugitives from justice excepted) should be entitled to all the privileges of free citizens in the several States; that the people of each State should have free ingress and regress to and from any other State, and should enjoy all the privileges of trade and commerce, subject to the same duties and restrictions as the inhabitants; that fugitives from justice should, upon demand of the executive of the State from which they 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 the courts and magistrates of every other State. § 231. Having thus provided for the security and intercourse of the States, the next article (5th) provided for the organization of a general Congress, declaring that delegates should be chosen in such manner as the legislature of each State should direct, to meet in Congress on the first Monday in every year, with a power reserved to each State to recall any or all of the delegates, and to send others in their stead. No State was to be represented in Congress by less than two or more than seven members. No delegate was eligible for more than three, in any term of six years; and no delegate was capable of holding any office of emolument under the United States. Each State was to maintain its own delegates, and in determining questions in Congress was to have one vote. Freedom of speech and debate in Congress was not to be impeached or questioned in any other place; and the members were to be protected from arrest and imprisonment during the time of their going to and from, and attendance on Congress, except for treason, felony, or breach of the peace. § 232. By subsequent articles Congress was invested with the sole and exclusive right and power of determining on peace and war, unless in case of an invasion of a State by enemies, or an imminent danger of an invasion by Indians; of sending and receiving ambassadors; entering into treaties and alliances, under certain limitations as to treaties of commerce;1 of establishing rules for deciding all cases of capture on land and water, and for the division and appropriation of prizes taken by the land or naval forces in the service of the United States; of granting letters of marque and reprisal in times of peace; of appointing courts for the trial of piracies and felonies committed on the high seas; and of establishing courts for receiving and finally determining appeals in all cases of captures. § 233. Congress was also invested with power to decide in the last resort, on appeal, all disputes and differences between two or more States concerning boundary, jurisdiction, or any other cause whatsoever; and the mode of exercising that authority was specially prescribed. And all controversies concerning the private right of soil, claimed under different grants of two or more States before the settlement of their jurisdiction, were to be finally determined in the same manner, upon the petition of either of the grantees. But no State was to be deprived of territory for the benefit of the United States. 1 "No treaty of commerce shall be made, whereby the legislative power of the 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." Art. IX. § 234. 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 not be infringed or violated; of establishing and regulating post-offices 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. § 235. Congress was also invested with authority to appoint a committee of the States to sit in the recess of Congress, and to consist of one delegate from each State, and other committees 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 one year in the term of three years; to ascertain the necessary sums for the public service, and to appropriate the same for defraying the public expenses; to borrow money, and emit bills on the credit of the United States; to build and equip a navy; to agree upon the number of land forces and make requisitions upon each State for its quota, in proportion to the number of white inhabitants in such State. The 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. § 236. 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. § 237. 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 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 should assent to the same. And no question on any other point, except for adjourning from day to day, was to be determined, except by the vote of a majority of the States. § 238. The committee of the States, or any nine of them, were authorized in the recess of Congress to exercise such powers as Congress, with the assent of nine States, should think it expedient to vest them with, except such powers for the exercise of which, by the Articles of Confederation, the assent of nine States was required, which could not be thus delegated. § 239. It was further provided, that all bills of credit, moneys borrowed, and debts contracted by or under the authority of Congress before the confederation, should be a charge against the United States; that when land forces were raised by any State for the common defence, all officers of or under the rank of colonel should be appointed by the legislature of the State, or in such manner as the State should direct; and all vacancies should be filled up in the same manner; that all charges of war, and all other expenses for the common defence or general welfare, should be defrayed out of a common treasury, which should be supplied by the several States, in proportion to the value of the land within each State granted or surveyed, and the buildings and improvements thereon, to be estimated according to the mode prescribed by Congress; and the taxes for that proportion were to be laid and levied by the legislatures of the States within the time. agreed upon by Congress. § 240. Certain prohibitions were laid upon the exercise of powers by the respective States. No State, without the consent of the United States, could send an embassy to, or receive an embassy from, or enter into any treaty with any king, prince, or state; nor could any person holding any office under the United States, or any of them, accept any present, emolument, office, or title, from any foreign king, prince, or state; nor could Congress itself grant any title of nobility. No two States could enter into any treaty, confederation, or alliance with each other, without |