United States. Continental Congress. cn.

Journals of the Continental Congress, 1774-1789 (Volume 5) online

. (page 21 of 35)
Online LibraryUnited States. Continental Congress. cnJournals of the Continental Congress, 1774-1789 (Volume 5) → online text (page 21 of 35)
Font size
QR-code for this ebook


Natives of such Colony enjoy.

Art. VIII. Each Colony may
assess or lay such Imposts or Du-
ties as it thinks proper, on Impor-
tations or Exportations, provided
such Imposts or Duties do not in-
terfere with any Stipulations in
Treaties hereafter entered into by
the United States assembled, with
the King or Kingdom of Great-
Britain, or any foreign Prince or
State.

' On the Dickinson manuscript Thomson has written "agreed " against this article.



Art. VI. No State shall lay any
imposts or duties which may in-
terfere with any stipulations in
treaties hereafter entered into by
the United States Assembled with
any King, Prince or State.



August^ 1776



677



Art. IX. No standing Army or
Body of Forces shall be kept up
by any Colony or Colonies in
Times of Peace, except such a
Number only as may be requisite
to garrison the Forts necessary
for the Defence of such Colony or
Colonies: But every Colony 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 Ammu-
nition, and Camp Equipage.



Art. X. When Troops are raised
in any of the Colonies for the com-
mon Defence, the Commission Of-
ficers proper for the Troops raised
in each Colony, except the Gen-
eral Officers, shall be appointed by
the Legislature of each Colony
respectively, or in such manner as
shall by them be directed.



Art. XI. All Charges of Wars

and all other Expences that shall

bo incurred for the

postponed commou Defence, or

general Welfare, and

allowed by the United States as-



Art. VII. No vessels of war
shall be kept up in time of peace
by any State, except such number
only as shall be deemed necessary
by the United States Assembled
for the defence of such state or its
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
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
mmunition and a camp equipage.

Art. 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.

Art. IX. All charges of war
and all other expences that shall
be incurred for the common de-
fence, or general welfare, and
allowed by the United States As-
sembled, shall be defrayed out of



678



Journals of Congress



sembled, shall be defrayed out of
a common Treasury, which shall
be supplied bj^ the several Colo-
nies in Proportion to the Num-
ber of Inhabitants of every Age,
Sex and Quality except Indians
not paying Taxes, in each Colony,
a true Account of which, distin-
guishing 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 Colonies, within
the Time agreed upon by the
United States assembled.'

Art. XII. Every Colony shall
abide by the Determinations of
the United States assembled, con-
cerning the Services performed
and Losses or Expences incurred
by every Colony for the common
Defence or general Welfare, and
no Colony or Colonies shall in any
Case whatever endeavor by Force
to procure Kedress of any Injury
or Injustice supposed to be done
by the United States to such Col-
ony or Colonies in not granting
such Satisfactions, Indemnifica-
tions, Compensations, Retribu-
tions, Exemptions, or Benefits of
an}' Kind, as such Colony or Col-
onies may think just or reason-
able.



' On the Dickinson manuscript Thomson wrote first
agreed" against this article.



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 As-
sembly 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.



Art. X. Every State shall abide
by the determinations of the
United States in Congress Assem-
bled, on all questions which by this
Confederation are submitted to
them.



Postponed" and then



August, 1776



679



Art. XIII. No Colony or Col-
onies shall engage in any War
without the previous Consent of
the United States assembled, un-
less such Colony or Colonies be
actually invaded by Enemies, or



Art. XI. No State shall engage
in any war without the consent of
the United States in Congress As-
sembled, unless such State be actu-
ally invaded by enemies, or shall
have received certain advice of a



shall have received certain Advice resolution being formed by some
of a Resolution being formed by nation of Indians to invade such
some Nations of Indians to invade State, and the danger is so immi-
such Colony or Colonies, and the nent, as not to admit of a delay,
Danger is so imminent, as not to till the other States can be con-
admit of a Delay, till the other Col- suited: Nor shall any State grant
onies can be consulted: Nor shall commissions to any ships or ves-
any Colony or Colonies grant sels of war, nor letters of marque
Commissions to any Ships or Ves- or reprisal, except it be after a
sels of War, nor Letters of declaration of war by the United
Marque or Reprisal, except it be States Assembled, and then only
after a Declaration of War by the against the Kingdom or State and
United States assembled, and then the subjects thereof against which
only against the Kingdom or State war has been so declared and un-
and the Subjects thereof, against der such regulations as shall be



established by the United States
Assembled.



which War has been so declared,
and under such Regulations as
shall be established by the United
States assembled.'

Art. XIV. No Purchases of
Lands, hereafter to be made of
the Indians by Colonies
postpi or private Persons be-
fore the Limits of the
Colonies are ascertained, to be
valid: All Purchases of Lands not
included within those Limits,
where ascertained, to be made by
Contracts between the United
States assembled, or by Persons
for that Purpose authorized by

'On the Dickinson manuscript Thomson has written "agreed'
article.



against this



680 Journals of Congress

them, and the great Councils of
the Indians, for the general Ben-
efit of all the United Colonies.^

Art. XV. When the Bounda-
ries of any Colony shall be ascei'-
taiued by Agreement,
postp? or in the Manner herein

after directed, all the
other Colonies shall guarantee to
such Colony the full and peaceable
Possession of, and the free and
entire Jurisdiction in and over
the Territory included within such
Boundaries.^

Art. XVI. For the more con- Art. XII. For the more con-
venient Management of the gen venient management of the gen-
eral Interests of the United States, eral interests of the United States,
Delegates should be annually ap- Delegates shall be annually ap-
pointed in such Manner as the pointed in such manner as the
Legislature of each Colony shall legislature of each State shall di-
direct, to meet at the City of rect, to meet at the city of Phila-
Philadelphia, in the Colony of delphia, in Pennsylvania, until
Pennsylvania, until otherwise or- otherwise ordered by the United
dered by the United States assem- States in Congress Assembled;
bled; which Meeting shall be on which meeting shall be on the first
the first Monday of November in Monday in November in every
every Year, with a Power reserved year, with a power reserved to
to those who appointed the said each State to recal its Delegates
Delegates, respectively to recal or any of them at any time within

' On the Dickinson manuscript Thomson has written "postponed till the 18 article
is considered " against this article.

On the Dickinson manuscript is a slip io tlie writing of Thomas Jefferson which
reads:

"Amendment proposed.

Akt. XIV. No purchases hereafter to be made by individual States or persons of
lands on this continent not within the boundaries of any of these United states, shall be
valid: but all purchases of such lands shall be made by contract between the United
states assembled or persons authorized by them, and the great Councils of the
Indians; and when purchased shall be given freely to those who may be permitted
to seat them."

^ On the Dickinson manuscript Thompson has written "postponed till the 18 arti-
cle is considered," against this article.



August, 1776



681



them 01- any of them at any time
within the Year, and to send new
Delegates in their stead for the
Remainder of the Year. Each
Colony shall support its own Dele-



the year, and to send others in
their stead for the remainder of
the year. Each State shall sup-
port its own Delegates in a meet-
ing of the States, and while they



gates in a Meeting of the States, act as members of the Council of
and while they act as Members of
the Council of State, herein after
mentioned.

Art. XVn. In determining
Questions each Colony shall have
one Vote.'

Art. XVni. The United States
assembled shall have the sole and
exclusive Right and Power of de-
termining on Peace and War, ex-



State, herein after mentioned.



Art. XUI. In determining
questions each State shall have
one vote.

Art. XIV. The United States
Assembled shall have the sole and
exclusive right and power of deter-
mining on peace and war, except in



cept in the Cases mentioned in the the cases mentioned in the eleventh
thirteenth Article — Of establish- article — Of establishing rules for
ing Rules for deciding in all Cases, deciding in all cases, what cap-



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 appro-
priated — Granting Letters of



tures on land or water shall be le-
gal — In what manner prizes taken
b}' land or naval forces in the serv-
ice of the United States shall be
divided or appropriated — granting
letters of marque and reprisal in



Marque and Reprisal in Times of times of peace — appointing Courts



Peace — Appointing Courts for the
Trial of all Crimes, Frauds and
Piracies committed on the High
Seas, or on any navigable River,
not within the Body of a County
or Parish — Establishing Courts
for receiving and determining
finally Appeals in all Cases of
Captures — Sending and I'eceiv-
ing ambassadors under anj^ char-



for the trial of piracies and felo-
nies 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 — decid-
ing all disputes and differences
now subsisting, or that hereafter
may arise between two or more



acter — Entering into Treaties States concerning boundaries, ju-
and Alliances — Settling all Dis- risdictions, or any other cause

'On the Dickinson manuscript Thompson wrote first "postponed" and then
"agreed " against this article.



682



Journals of Congress



putes and Differences now subsist-
ing, or that hereafter may arise
between two or more Colonies con-
cerning Boundaries, Jurisdictions,
or any other Cause whatever —
Coining Money and regulating the
Value thereof — Regulating the
Trade, and managing all Affairs
with the Indians' — Limiting the
Bounds of those Colonies, which
by Charter or Procla-
postp? mation, or under any

Pretence, are said to
extend to the South Sea, and as-
certaining those Bounds of any
other Colony that appear to be
indeterminate — Assigning Terri-
tories for new Colonies,
postpi either in Lands to be

thus separated from
Colonies and heretofore purchased
or obtained by the Crown of Great-
Britain from the Indians, or here-
after to be purchased or
postpj obtained from them —

Disposing of all such
Lands for the general Benefit of
all the United Colonies — Ascer-
taining Boundaries to
po8tp4 such new Colonies,

within which Forms of
Government are to be established
on the Principles of Liberty —
Establishing and regulating Post-
Oifices throughout all the United
Colonies, on the Lines of Commu-
nication from one Colony to an-

'On the Dickinson manuscript Thompson has written " agreed " against the first
part of this article, and "postponed" against the part from "Limiting" to "Prin-
ciples of Liberty."



whatever — coining money and
regulating the value thereof — fix-
ing the standard of weights and
measures throughout the United
States — regulating the trade, and
managing all affairs with the In-
dians, not members of any of the
States — Establishing and regulat-
ing 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 de-
fray 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 b}'
virtue of the eighth article — ap-
pointing 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.



August, 1776



683



other — Appointing General OfB-
cers of the Land Forces in the
Service of the United States —
Commissioning such other Officers
of the said Forces as shall be ap-
pointed by Virtue of the tenth
Article — Appointing all the Offi-
cers 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 — Appointing a
Council of State, and such Com-
mittees 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, of
the Council of State — Appointing
one of their number to preside,
and a suitable Person for Secre-
tary — And adjourning to any Time
within the Year.

The United States assembled
shall have Authority for the De-
fence and Welfare of the United
Colonies and every of them, to
agree upon and fix the necessary
Sums and Expences — To emit
Bills, or to borrow Money on the
Credit of the United Colonies— To
raise Naval Forces — To agree upon
the Number of Land Forces to be
raised, and to make Requisitions
from the Legislature of each Col-
ony, or the Persons therein au-
thorized by the Legislature to
execute such Requisitions, for the
Quota of each Colony, which is to
be in Proportion to the Number



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 neces-
sary sums and expences — to bor-
row Money or emit bills on the



684



Jotirnals of Congress



of white Inhabitants in that Col-
ony, which Requisitions shall be
binding, and thereupon the Legis-
lature of each Colony or the Per-
sons authorized as aforesaid, shall
appoint the Regimental Officers,
raise the Men, and arm and equip
them in a soldier-like Manner;
and the Officers and Men so armed
and equiped, shall march to the
Place appointed, and within the
Time agreed on by the United
States assembled.



But if the United States assem-
bled shall on Consideration of Cir-
cumstances judge proper, that any
Colony or Colonies should not
raise Men, or should raise a smaller
Number than the Quota or Quotas
of such Colony or Colonies, and
that any other Colony or Colonies
should raise a greater number of
men than the Quota or Quotas
thereof, such extra-numbers shall
be raised, officered, armed and
equiped in the same Manner as
the Quota or Quotas of such Col-
ony or Colonies, unless the Legis-
lature of such Colony or Colonies
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



credit of the United States — to
build and equip a navy — to agree
upon the number of laud forces,
and to make requisitions from
each State, for its quota in pro-
portion to the numjjer 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 officers and men
bO 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 Con-
gress Assembled shall on con-
sideration 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-num-
bers 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



August, 1776



685



and Men so armed and equiped
shall march to the Place appointed,
and within the Time agreed on by
the United States assembled.

To establish the same Weights
and Measures throughout the
United Colonies.

But the United States assembled
shall never impose or levy any
Taxes or Duties, except in manag-
ing the Post-OfEce, nor interfere in
the internal Police of any Colon}^,
any further than such Police may
be affected by the Articles of this
Confederation. The United States
assembled shall never engage the
United Colonies in a War, nor
grant Letters of Marque and Ke-
prisal in Time of Peace, nor enter
into Treaties or Alliances, 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 Colonies, or any of them,
nor emit Bills, nor borrow Money
on the Credit of the United Colo-
nies, nor raise Naval Forces, nor
agree upon the Number of Land
Forces to be raised, unless the
Delegates of nine Colonies frcelj'
assent to the same: Nor shall a
Question on any other Point, ex-
cept for adjourning be determined,
unless the Delegates of seven
Colonies vote in the affirmative.

No Person shall be capalile of
being a Delegate for more than
three Years in any Term of six
Years.



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 navj",
unless nine States assent to the
same: Nor shall a question on
any other point, except for ad-
journing 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 tlian
three years in any term of six
years.



Journals of Congress



No Person holding any Office
under the United States, for which
he, or another for his Benefit, re-
ceives any Salary, Fees, or Emolu-
ment 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
Colony on any Question to be
entered on the Journal, where it
is desired by any Delegate; and
the Delegates of a Colony, or any
of them, at his or their Kequest,
to be furnished with a Transcript
of the said Journal, except such
Parts as are above excepted, to lay
before the Legislatures of the sev-
eral Colonies.

Art. XIX. The Council of State
shall consist of one Delegate from
each Colony, to be named annually
by the Delegates of each Colony,
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 Colony, and
all Persons acting under the Au-
thority of the United States, or of



No person holding any office
under the United States, for which
he, or another for his benefit,
receives any salary, fees, or emolu-
ment of any kind, shall be capable
of being a Delegate.

The Assembly of the United
States to publish the Journal of
their Proceedings monthly, ex-
cept such parts thereof relating to
treaties, alliances, or military op-
erations, as in their judgment re-
quire 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 legis-
latures of the several States.

Art. XV. The Council of State
shall consist of one Delegate f I'om
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



August, 1776



687



the said Legislatures — To apply to
such Legislatures, or to the Offi-
cers iu the several Colonies who
are entrusted with the executive
Powers of Government, for occa-
sional 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, un-
less 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, and to
prevent the Enemy from acquiring
new Holds — To procure Intelli-
gence 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 —



Online LibraryUnited States. Continental Congress. cnJournals of the Continental Congress, 1774-1789 (Volume 5) → online text (page 21 of 35)