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on a formidable post with twelve days provision : that the re duction of fort Montgomery and the enemy's consequent pro. gress up the Hudson's-River endangered our arsenal at Albany, a reflection which left gen. Gates no time to contest the capitu. lation with lieut. gen. Burgoyne, but induced the necessity of immediately closing with his proposals, hazarding a disadvantageous attack, or retiring froin his position for the security of our magazine ; this delicate situation abridged our conquests, and procured lieut. gen. Burgoyne the terms he enjoys. Had our attack been carried against lieut. gen. Burgoyne the dismemberment of our army must necessarily have been such as would have incapacitated it from further action. With an arıny in health, vigor and spitits, major gen. Gates now waits the con, mands of the honorable congress.” Beside thanking Gates, Lincoln, Arnold, and the rest of the officers and troops under his command the congress resolved the next day, that a medal of gold should be struck'in cominemoration of the convention, and in the name of the United States presented by the president to major gen. Gates. ** [Nov. 7.] Congress resolved, That major gen. Mifflin's resignation of the office of quarter-master-general be accepted, but that his rank and commission of major general be continued to him, without the pay annexed to that office, until further order of congress.” In October they resolved, “That a board of war be established, to consist of three persons not members of congress.” They now took up that business and proceeded to the election of the board, when major gen. Miffin, col. Timothy Pickering and col. Bobert H. Harrison were elected. A fortnight after, in consequence of a conference between some of the members and Mifilin, they resolved, “That two additional commissioners be appointed to execute the department of the war office ;” and Harrison declining to serve, they on the 27th proceeded to the election of three commissioners, when major geu. Gates, Joseph Trumbull, and Richard Peters, esq’rs, were elected; it was then resolved, “ That major gen. Gates be appointed president of the board of war.” Gates was to retain his rank as major generalin the army, and to officiate at the board or in the field as occasion might require. 1. The great business of the CONFEDERATION calls for our next attention. It was on the 11th of June, 1776, that is was resolved to appoint a committee to prepare and digest the for!ız of one. By the 12th of July they brought in a draught, which Was read and ordered to be printed for the consideration of congress alonc ; and no member was to furnish any person with 808 copy, or take any steps by which the said confedration
might be re-printed. After having been before congress nine and thirty times, on different days; a copy of the confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was agreed to on the 15th of last November, and is as follows: ARTICLES OF CONFEDERATION AND PERPETUAL UNION between the states of New-Hampshire, Massachusetts-bay, Rhode-Island and Providence Plantations, Cona necticut, New-York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South Carolinia and Georgia.
Article 1. The stile of this confederacy shall be “ The United States of America." · Article 2. 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 State in congress assembled.
Article 3. The said states hereby severally enter into a firm league of friendship with each other, for their common de fence, 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 pre. tence whatever.
Article 4. The better to secure and perpetuate mutual friend ship and intercourse among the people of the different states in this union, the free inhabitants of each of these states (paupers, vagabonds and fugitives from justice excepted) shall be entitled. to all privileges 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 im positions and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into 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 from 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 Hled, be delivered up and removed to the state having jurisdic. tion of his offence. :.
Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.
Article 5. For the more convenient management of the general 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 thein, at any time within the year, and to send others in their stead, for the remainder of the year.
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 terin of six years ;, nor shall any, person being a delegate, 'be capable of holding any office under the United States, for which he or any other for his benefit, receives any salary, fees or enioluinent of any kind. · Each state shall maintain its own delegates in any meeting of the states, and while they act as members of the committee of the states.
In determining questions in the United States in congress asa sembled, each state shall have one vote. .. Freedom of speech and debate in congress shall not be im peached 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. "Article 6. No state, without the consent of the United States in congress assembled, shall send any.embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any king, prince or state ; nor shall any person holding 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.
No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purposes 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 any stipulations in treaties entered into by the United States in congress assembled with any king, prince or state, in pursu.
ance of any treaties already proposed by congress to the courts of France and Spain.
No vessels of war shall be kept upin time of peace by any state, except such number only, as shall be deemed necessary by the United States in congress assembled for the defence of such staie or its trade : nor shall any body of forces be kept up by any state, ,in time of peace, except šuch number only as, in the judgnient of the United States in congress assembled, shall be deemed, requi. site to garrison 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 have constantly ready for use, in public stores, a due num, ber of field-pieces and tents, and a proper quantity of arins, am, munition and camp equipage.
No state shall engage in any war without the consent of the United States in congress assembled, unless such state be actually invaded by enemies, or shall have certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the U. nited States in congress assembled can be consulted ; nor shall any state grant commissions to any ships or vessel 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 kingdom or state and the subjects thereof against which was has been so declared, and under such regulations as shall be es. tablished by the United States in congress assembled, unless such state be invested 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. : Article 7. 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 legislature 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. * Article 8. All charges of war and all other expences that sha!! be incurred for the common defence or general welfare, and al lowed by the United States in congress assembled, shall be defray. ed out of a common treasury, which shall be supplied by the se. veral states in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the huildings and improvements thereon shall be estimated, according to such mode as the United States in congress assembled shall from time to time direct and appoint. .
* 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 in congress assembled. .
Article 9. The United States in congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth articie-af sending and receiving ambassadors-entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective 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-of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States, shall be divided or appropriated-of granting letters of marque and reprisal in time of peace-appointing courts for the trial of piracies and felonies committed on the high seas, and establish ing courts for receiving and determining finally appeals in all cases of captures, provided that no member of congress shall be appointed judge of any of the said courts.
*The United States in congress assembled shall also be the last resort on appeal in all disputes and defferences now subsisting or that hereafter may arise between two or more states concerning boundary jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following whenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in contioversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent commissioners or judges to constitute a court for hearing and determining the matter in question ; but if they cannot agree, congress shall name three persons out of each of the United States, and from the listof such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seveni nor more than nine names, as congress shall direct, shall in the presence of congress be drawn out by lot; and the persons whose irames shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, VOL. II.