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 pursuance of any treaties already proposed by Congress to the courts of France and Spain.
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, in Congress 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 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 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.
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 received 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 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 kingdom 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 infested 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 VII. 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 VIII. All charges of war and all other expences, that shall be incurred for the common defence or general welfare, and allowed by the United States, in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings 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 IX. 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 6th article; of 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 times of peace; appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining, finally, appeals in all cases of captures; provided, that no member of Congress shall be appointed a 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 differences 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 controversy, 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 list of 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 seven, nor more than nine names, as Congress shall direct, shall, in the presence of Congress, be drawn out by lot; and the persons whose names 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 shall agree in the determination; and if either party shall neglect to attend at the day appointed, without shewing reasons which Congress shall judge sufficient, or, being present, shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive ; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall, in like manner, be final and decisive, the judgment or sentence and other proceedings being, in either case, transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided, that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the State where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection, or hope of reward:” provided, also, that no State shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of soil, claimed under different grants of two or more states, whose jurisdictions, as they may respect such lands and the states which passed such grants, are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.
The United States, in Congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states; fixing the standard of weights and measures throughout the United States; 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 be not infringed or violated; establishing and regulating 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 defray the expences of the said office; appointing all officers of the land forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the government and regulation of the said land and naval forces, and directing their o
perations.
The United States, in Congress assembled, shall have authority to appoint a committee to sit in the recess of Congress, to be denominated “a Committee of the States,” and to consist of one delegate from each State, and to appoint such other committees and civil of ficers as may be necessary for managing the general affairs of the United States, under their direction; to appoint one of their number to preside; provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expences; to borrow money or emit bills on the credit of the United States, transmitting, every half year, to the respective states, an account of the sums of money so borrowed or emitted; to build and equip a navy; to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number 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 cloathe, arm, and equip them in a soldier-like manner, at the expence of the United States; and the officers and men so cloathed, armed, and equipped, shall march to the place appointed and within the time agreed on by the United States, in 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, cloathed, armed, and equipped in the same manner as the quota of such State, unless the legislature of such State shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, cloathe, 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 equipped, shall march to the place appointed and within the time agreed on by the United States, in Congress 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, nor coin money, nor regulate the value thereof, nor ascertain 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 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.
The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, 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 secrecy ; 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 states.
ARTICLE X. 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 XI. 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 admitted into the same, unless such admission be agreed to by nine states.
ARTICLE XII. All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of Congress before 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.
ARTICLE XIII. Every State shall abide by the determinations of the United States, in Congress assembled, on all questions which, by this confederation, are submitted to them. And the articles of this confederation 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 legislatures of all the United States, to be considered, and if approved of by them, they are advised to authorize their delegates to ratify the same in the Congress of the United States; which being done, the same shall become conclusive.
REFORMING THE ARTICLES OF CONFEDERATION
Philip Schuyler: Letter to Pierre Van Cortlandt and Evert Bancker (January 29, 1780)
PAGE 173
Alexander Hamilton: Letter to James Duane (September 3, 1780)
PAGE 176
Proposed Impost Amendment (February 3, 1781 )
PAGE 194
Robert Morris: Report on Public Credit (July 29, 1782)
PAGE 194
Proposed Revenue Amendments (April 18, 1783)
PAGE 213
Proposed Commercial Amendments: Journals of Congress (April 30, 1784)
PAGE 217
Amendments Considered by Congress (August 7, 1786)
PAGE 218
The Northwest Ordinance (July 13, 1787)
PAGE 223
AFTER CONGRESS COMPLETED THE Articles in November 1777, it hoped that the thirteen state legislatures would quickly ratify the Confederation. Only eight had done so, however, by June 1778, when the first French minister to the United States arrived in Philadelphia. Nearly three years passed before Maryland, the last holdout state, gave its assent, finally allowing the Articles of Confederation to begin operation as the country’s first national constitution. Maryland’s opposition was based on the failure of the Articles to empower Congress to limit the extravagant land claims of states like Virginia, which relied on its original seventeenth-century charter to claim much of the territory west of Pennsylvania and north of the Ohio River. Nevertheless, by 1780 a movement was afoot to give Congress jurisdiction over this same territory, not by amending the Articles, but through the voluntary cessions of individual states. This movement began with New York. Its own claims in the Ohio Valley rested on the dubious theory that the Six Nations of the Iroquois Confederacy were both overlords of other Indian nations further west and legally dependent on New York through previous treaties negotiated with the former colonial government as long ago as 1701. What New York leaders like Philip Schuyler and Governor George Clinton really wanted was to assert their state’s jurisdiction over the area between Lake Ontario and the northern boundary of Pennsylvania. At the same time, they hoped that a cession by New York would induce other states to follow suit. By early 1781 there was good reason to think that Virginia would cede its claims as well, and this was a factor in Maryland’s decision to ratify the Confederation.
Even as the Articles neared ratification, however, criticisms of their potential shortcomings were being voiced. Three years of war had exposed serious gaps between the assumptions of 1776 and 1777 and the difficulties Congress now faced. Under the Articles, Congress had no authority to raise its own revenue, but had to rely instead on the contributions of the states. It
had the authority to direct the war, but lacked the resources to keep its army fully manned and provisioned. Its shortcomings were painfully evident to the of ficer corps of the Continental Army, including the young artillery officer Alexander Hamilton, who was serving as General Washington’s aide-de-camp when he provided the New York delegate James Duane with a sweeping critique of the Articles.
As soon as the Confederation was ratified in the winter of 1781, Congress asked the states to approve its first amendment: a proposal to grant Congress a 5 percent impost (duty) on foreign imports. Opposition from Rhode Island doomed this amendment to rejection. In 1782 Superintendent of Finance Robert Morris issued a major report on public credit, which he hoped would persuade Congress to propose a new set of amendments to the Articles. But the delegates were deeply divided on Morris’s plan, and instead finally adopted a compromise set of amendments over his objections. These were sent to the states in April 1783. A year later Congress proposed two further amendments, designed to give it limited authority to regulate foreign commerce. None of these proposals ever overcame the hurdle of unanimous state ratification. Congress briefly considered one last set of amendments in 1786. But by then, reformers like James Madison and Alexander Hamilton were beginning to think about a different strategy of constitutional reform.
One significant change to the Articles of Confederation did take place, however, outside the rules for its amendment. This involved the creation of a national domain, north of the Ohio River, through the voluntary cessions of states with claims to this territory. That process began with the New York cession of 1780, but the key development was the decision by the Virginia legislature in 1781 to cede its claims as well. Another three years passed before the terms of the Virginia cession were fully accepted by Congress, but when they were, the federal union was vested with the authority and responsibility to regulate the development of the trans-Appalachian West. This substantial expansion of its authority had occurred through the actions of individual states, but without the unanimous approval of the thirteen legislatures that the Articles required.
Founding America: Documents from the Revolution to the Bill of Rights Page 21
