2.
"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.
3.
"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 assembled. 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 any 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 the 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.
4.
"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, nor 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.
5.
"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; 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.
6.
"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.
7.
"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.
8.
"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 ou
credit of the United States to build and equip a navy; to agree upon the
number of land forces, and make requisitioins upon each state for its
quota, in proportion to the number of white inhabitants in such state.
The legislatures 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.
9.
"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.
10.
"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 adjournng from day to day, was to be determined, except by vote of
the majority of the states.
11.
"The committee of the states or any tine 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.
12.
"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.
13.
"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 the consent of congress. No state could lay any imposts or
duties, which might interfere with any proposed treaties. No vessels of
war were to be kept up by any state in time of peace, except deemed
necessary by congress for its defence, or trade; nor any body of forces,
except such as should be deemed requisite by congress to garrison its
forts, and necessary for its defence. But every state was required
always to keep up a well regulated and disciplined militia, sufficiently
armed and accoutred, and to be provided with suitable field-pieces, and
tents, and arms, and amunition, and camp equipage. No state could
engage in war without the consent of congress, unless actually invaded
by enemies, or in danger of invasion by the Indians. Nor could any state
grant commissions to any ships of war, nor letters of marque and
reprisal, except after a declaration of war by congress, unless such
state were infested by pirates, and then subject to the determination of
congress. No state could prevent the removal of any property imported
into any state to any other state, of which the owner was an 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.
14.
"There was also provision made for the admission of Canada, into the
Union, and of other colonies with the assent of nine states. And it was
finally declared, that every state should abide by the determinations of
congress on all questions submitted to it by the confederation; that
the articles should be inviolably observed by every state; that the
union should be perpetual; and that no alterations should. be made in
any of the articles, unless agreed to by congress, and 'Confirmed by the
legislatures of every state.
15.
"Such is the substance of this celebrated instrument, under which the
treaty of peace, acknowledging our independence, was negotiated, the war
of the revolution concluded, and the union of the states maintained
until the adoption of. the present constitution."
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