LAWS OF THE STATE OF NEW-YORK, PASSED IN THE FIRST SESSION OF THE SENATE AND ASSEMBLY OF THE SAID 1777, AND CONTINUED BY ADJOURNMENTS, AND CHAP. 1. AN ACT of accession to, and approbation of certain proposed articles of confederation and perpetual union, between the United States of America, and to authorize the delegates, of the State of New-York, to ratify the same on the part and behalf of this State, in the congress of the said United States. PASSED the 6th of February, 1778. WHEREAS the freedom, sovereignty and independence of the said Preamble. States which with a magnanimity fortitude constancy and love of liberty hitherto unparaleled they have asserted and maintained against their cruel and unrelenting enemies the king and parliament of the realm of Great-Britain will for their lasting and unshaken security in a great measure depend under God on a wise well concerted intimate and equal confederation of the said United States. And whereas the honorable the congress of the said United States, have transmitted, for the consideration of the legislature of this State; and for their ratification in case they shall approve of the same, the following articles of confederation, to-wit, tion. Articles of confederation and perpetual union, between the States of Articles of "New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence confedera"Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Dela"ware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia. "Article 1st. The stile of this confederacy shall be "The United Name. "States of America." Sovereignty. "Article 2d. 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 con66 gress assembled. 66 League of friendship. “ Privileges, citizens. 66 Article 3d. 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. 66 66 "Article 4th. The better to secure and perpetuate mutual friendship etc., of free" and intercourse among the people of the different States in this union, the free inhabitants of each of these States, paupers, vaga"bonds and fugitives, from justice excepted shall be entitled to all privi'leges 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 restric'tions, as the inhabitants thereof respectively, provided that such "restrictions shall not extend so far as to prevent the removal of property imported in 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 froin 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. Faith and credit to be given tec ords, etc.. Delegates Full faith and credit shall be given in each of these States, to the fecords, acts and judicial proceedings of the courts and magistrates of every other State. Article 5th. For the more convenient management of the general to congress "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 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. Number of. Maintenance of. Freedom etc. "No State shall be represented in congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years, in any term of six years; nor "shall any person being a delegate, be capable of holding any office 'under the United States, for which he, or another for his benefit, receives any salary, fees or emolument of any kind. Each State shall maintain its own delegates in a meeting of the "States, and while they act as members of the committee of the 66 States. "In determining questions in the United States in congress assem"bled, each State shall have one vote. 66 "Freedom of speech and debate in congress shall not be impeached of speech, "or questioned in any court or place out of congress; and the members of congress shall be protected in their persons from arrests "and imprisonments, during the time of their going to and from, and attendance on congress; except for treason, felony, or breach of the peace. States not receive “Article 6th. No State, without the consent of the United States in Individual congress assembled, shall send any embassy to, or receive any em- to send or "bassy from, or enter into any conference, agreement, alliance or embassy. "treaty, with any king, prince or State; nor shall any person hold*ing any office of profit or trust, under the United States, or any of "them, accept of any present, emolument, office or title, of any kind “whatever, from any king, prince, or foreign state; nor shall the United States in congress assembled, or any of them, grant any title "of nobility. make treat "No two or more States shall enter into any treaty, confederation Not to "or alliance whatever between them, without the consent of the ies. United States in congress assembled, specifying accurately the pur"poses for which the same is to be entered into; and how long it shall " continue. "No State shall lay any imposts or duties, which may interfere with Not to lay imposts. "any stipulations in treaties, entered into by the United States in congress assembled, with any king, prince or State, in pursuance of any "treaties already proposed by congress, to the courts of France and "Spain. war and armed time of peace. "No vessels of war shall be kept up in time of peace by any State; Vessels of "except such number only, as shall be deemed necessary by the United "States in congress assembled, for the defence of such State, or its forces in “trade. Nor shall any body of forces be kept up by any State in "time of peace, except such number only, as, in the judgment of the "United States in congress assembled, shall be deemed requisite to gar"rison the forts, necessary for the defence of such State. But every Militia. "State shall always keep up a well regulated and disciplined militia, "sufficiently armed and accoutred, and shall provide, and constantly "have ready for use, in public stores, a due number of field pieces, and tents, and a proper quantity of arms, ammunition and camp "equipage. States not unless in "No State shall engage in any war, without the consent of the United Individual "States in congress assembled, unless such State be actually invaded to engage *by enemies; or shall have received certain advice of a resolution in war "being formed by some nation of Indians, to invade such State, and vaded, etc. "the danger is so imminent, as not to admit of a delay, till the United "States in congress assembled, 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 in congress assembled, and then only against the king"dom 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 in congress assembled, unless such State be in"fested by pirates, in which case vessels of war may be fitted out "for that occasion, and kept so long as the danger shall continue, or until the United States in congress assembled shall determine otherwise. appoint "Article 7th. When land forces are raised by any State for the com- Military "mon defence, all officers of, or under the rank of colonel shall be officers, "appointed by the legislature of each State respectively, by whom ment of. "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. of war, "Article 8th. All charges of war, and all other expences that shall Expenses *be incurred for the common defence or general welfare, and allowed how to be "by the United States in congress assembled, shall be defrayed out of defrayed. Assent of nine States necessary to engage in war, etc. 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 equiped in the same manner as the quota of such State, "unless the legislature of such State shall judge that such extra num"ber cannot be safely spared out of the same, in which case they shall 'raise, officer, cloath, arm and equip, as many of such extra number as they judge can be safely spared. And the officers and men so "cloathed, armed and equiped, shall march to the place appointed, and "within the time agreed on by the United States in congress assem"bled. 66 66 "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 nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for 66 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 in congress assembled. Adjourn- The congress of the United States shall have power to adjourn to ments; journal of any time within the year, and to any place within the United States. proceed- 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 secresy; 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 66 States. ings, etc. Powers of "commit tee of States." Canada may join confederation. Bills of a charge "Article 10th. The committee of the States or any nine of them shall be 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 nine States, in the congress of the United States assembled is "requisite. "Article 11th. 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 ad"mitted into the same, unless such admission be agreed to by nine 66 States. Article 12th. All bills of credit emitted, monies borrowed, and credit, etc., "debts contracted by, or under the authority of congress, before the against 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. 64 Article 13th. Every State shall abide by the determination of the States to abide by “United States in congress assembled, on all questions which by this determina"confederation are submitted to them. And the articles of this con- tion of con gress, etc. “federation 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 legislatures of every State. These articles shall be proposed to the legis"latures of all the United States, to be considered, and if approved "of by them, they are advised to authorise their delegates, to ratify the same in the congress of the United States; which being done, the 66 same shall become conclusive. By Order of Congress, HENRY LAURENS President." And whereas the senate and assembly of this State of New-York in Recital as legislature convened have separately taken the said several articles of to approval confederation into their respective most deliberate and mature consideration and by their several and respective resolutions deliberately made and entered into for the purpose have fully and entirely approved of the same. In order therefore that such approval may be published and made Ibid. as to known to the whole world with all the solemnities of law and that publication 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 repre- Enacting sented in Senate and Assembly and it is hereby enacted and declared by the clause. authority of the same That the said several above recited articles of Articles approved. 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 authorized prove arti Be it further enacted by the authority aforesaid that the delegates of Delegates this State in the said congress of the United States of America or any two to ratify of the said delegates shall be and hereby are fully authorized im- and appowered and required wholly entirely and absolutely for and in behalf cles. 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 on 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 administring the government and authenticated with the great seal of this State shall be full and conclusive evidence of this act provided always 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 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 |