1777. the United States, for which he, or any other for his benefit, receives any falary, fees or emolument of any kind.

Each ftate fhall maintain its own delegates in any meeting of the states, and while they act as members of the committee of the ftates.

In determining questions in the United States in congrefs affembled, each ftate fhall have one vote.

Freedom of fpeech and debate in congrefs fhall not be impeached or queftioned in any court or place out of congrefs; and the members of congress shall be protected in their perfons from arrefts and imprisonments, during the time of their going to and from and attendance on congrefs, except for treafon, felony or breach of the peace.

Article 6. No ftate, without the confent of the United States in congress affembled, shall send any embassy to, or receive any embaffy from, or enter into any conference, agreement, alliance or treaty with any king, prince or state; nor shall any perfon holding any office of profit or truft under the United States, or any of them, accept of any prefent, emolument, office or title of any kind whatever from any king, prince or foreign ftate; nor fhall the United States in congress affembled, or any of them, grant any title of nobility.

No two or more ftates fhall enter into any treaty, confederation or alliance whatever between them, without the confent of the United States in congrefs affembled, fpecifying accurately the purposes for which the fame is to be entered into, and how long it fhall continue.

17777

No state shall lay any impofts or duties, which may 1777 interfere with any ftipulations in treaties entered into by the United States in congrefs affembled with any king, prince or state, in purfuance of any treaties already proposed by congrefs to the courts of France and Spain.

No veffels of war fhall be kept up in time of peace by any state, except fuch number only, as fhall be deemed neceffary by the United States in congrefs affembled for the defence of fuch state or its trade; nor fhall any body of forces be kept up by any ftate, in time of peace, except fuch number only as, in the judgment of the United States in congrefs affembled, fhall be deemed requifite to garrifon the forts neceffary for the defence of fuch ftate; but every ftate fhall always keep up a well regulated, and disciplined militia, fufficiently armed and accoutred, and shall provide and have conftantly ready for ufe, in public ftores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.

No state shall engage in any war without the consent of the United States in congrefs affembled, unless fuch state be actually invaded by enemies, or fhall have certain advice of a refolution being formed by fome nation of Indians to invade fuch state, and the danger is so imminent as not to admit of a delay till the United States in congrefs affembled can be confulted; nor fhall any ftate grant commiffions to any fhips or veffels of war, nor letters of marque or reprifal, except it be after a declaration of war by the United States in congrefs affembled, and then only against the kingdom or ftate and the fubjects thereof against which war has been so declared, and under fuch regulations as fhall be established by the

1777.

United States in congrefs affembled, unless such state be infefted by pirates, in which cafe veffels of war may be fitted out for that occafion and kept fo long as the danger shall continue, or until the United States in congrefs affembled fhall 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 fhall be appointed by the legislature of each state refpectively by whom fuch forces fhall be raised, or in fuch manner as fuch ftate fhall direct; and all vacancies fhall be filled up by the ftate which first made the appointment.

Article 8. All charges of war and all other expences that fhall be incurred for the common defence or general welfare, and allowed by the United States in congrefs affembled, fhall be defrayed out of a common treafury, which fhall be fupplied by the several states in proportion to the value of all land within each ftate, granted to or furveyed for any perfon, as fuch land and the buildings and improvements thereon fhall be eftimated, ac/cording to fuch mode as the United States in congrefs affembled fhall from time to time direct and appoint.

The taxes for paying that proportion fhall be laid and levied by the authority and direction of the legislatures of the feveral states within the time agreed upon by the United States in congrefs affembled.

Article 9. The United States in congrefs affembled fhall have the fole and exclufive right and power of determining on peace and war, except in the cafes mentioned in the fixth article-of fending and receiving ambaffadors entering into treaties and alliances, provided that no treaty of commerce fhall be made, whereby the

legiflative power of the refpective ftates fhall be reftrain- 1777
ed from impofing fuch impofts and duties on foreigners
as their own people are fubjected to, or from prohibiting
the exportation or importation of any fpecies of goods or
commodities whatsoever-of establishing rules for decid-
ing in all cafes, what captures on land or water fhall be
legal, and in what manner prizes taken by land or naval
forces in the fervice of the United States, fhall be di-
vided 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
feas, and establishing courts for receiving and determin-
ing finally appeals in all cafes of captures, provided that
no member of congrefs fhall be appointed judge of any
of the faid courts.

The United States in congrefs affembled fhall alfo
be the laft refort on appeal in all difputes and differences
now fubfifting or that hereafter may arife between two
or more states concerning boundary, jurisdiction, or any
other cause whatever; which authority fhall always be
exercised in the manner following: whenever the legif-
lative or executive authority or lawful agent
of any
ftate
in controverfy with another fhall present a petition to
congrefs, ftating the matter in queftion and praying for
a hearing, notice thereof fhall be given by order of con-
gress to the legislative or executive authority of the other
state in controverfy, and a day affigned for the appear-,
ance of the parties by their lawful agents, who fhall then
be directed to appoint by joint confent commiffioners or
judges to constitute a court for hearing and determining
the matter in queftion; but if they cannot agree, con-
grefs fhall name three perfons out of each of the United

1777.

States, and from the lift of such persons each party fhall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not lefs than feven nor more than nine names, as congrefs fhall direct, fhall in the prefence of congress be drawn out by lot; and the persons whofe names fhall be fo drawn or any five of them, fhall be commissioners or judges to hear and finally determine the controversy, fo always as a major part of the judges, who fhall hear the caufe, fhall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons which congrefs fhall judge fufficient, or being present fhall refuse to strike, the congress fhall proceed to nominate three perfons out of each state, and the fecretary of congrefs fhall ftrike in behalf of fuch party abfent or refufing; and the judgment and sentence of the court to be appointed, in the manner before prefcribed, fhall be final and conclufive; and if any of the parties fhall refuse to submit to the authority of fuch court, or to appear or defend their claim or caufe, the court shall nevertheless proceed to pronounce fentence or judgment, which fhall in like manner be final and deci five, the judgment or fentence and other proceedings being in either case transmitted to congrefs, and lodged among the acts of congrefs for the fecurity of the parties concerned: provided, that every commiffioner, before he fits in judgment, fhall take an oath to be administered by one of the judges of the fupreme or fuperior court of the ftate, where the cause fhall be tried, "well and truly to hear and determine the matter in queftion, according to the best of his judgment, without favor, affection or hope of reward:" provided also, that no