USA > Iowa > The Iowa official register, 1904 > Part 5
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He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends und brethren, or to fall themselves by their hands.
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Iowa Official Register.
He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these oppressions we have petitioned for redress, in the most humble terms ; our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant is unfit to be the ruler of a free people.
Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attempts, by their legislature, to extend an unwarrantable jurisdiction over us. We have reminded them of the cir- cumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity ; and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably inter- rupt our connections and correspondence. They, too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends.
We, therefore, the representatives of the United States of America, in gen- eral congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be, free and independent states; that they are absolved from all allegiance to the British crown, and that all political con- nection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states may of right do. And for the sup- port of this declaration, with a firm reliance on the protection of Devine Pro- vidence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.
JOHN HANCOCK.
New Hampshire .- Josiah Bartlett, Wm. Whipple, Matthew Thornton.
Massachusetts Bay .- Saml. Adams, John Adams, Robt. Treat Paine, Elbridge Gerry.
Rhode Island, &c .- Step. Hopkins, William Ellery.
Connecticut. - Roger Sherman, Sam'el Huntington, Wm. Williams, Oliver Walcott.
New York. - Wm. Floyd, Phil. Livingston, Frans. Lewis, Lewis Morris.
New Jersey. - Richd. Stockton, Jno. Witherspoon, Frans. Hopkinson, John Hart, Abra. Clark.
Pennsylvania. - Robt. Morris, Benjamin Rush, Benja. Franklin, John Morton, Geo. Clymer, Jas. Smith, Geo. Taylor James Wilson, Geo. Ross.
Delaware. - Cæsar Rodney, Geo. Read, Tho M'Kean.
Maryland. - Samuel Chase, Wm. Paca, Thos. Stone, Charles Carroll of Carrollton
Virginia. - Geo. Wythe, Richard Henry Lee, Th. Jefferson, Benja. Har- rison, Thos. Nelson, Jun., Francis Lightfoot Lee, Carter Braxton.
North Carolina. - Wm. Hooper, Joseph Hewes. John Penn.
South Carolina. - Edward Rutledge, Thos. Heyward, Jun. , Thomas Lynch, Jun., Arthur Middleton.
Georgia. - Button Gwinnett, Lyman Hall, Geo. Walton.
Iowa Official Register.
ARTICLES OF CONFEDERATION AND PERPETUAL UNION BETWEEN THE STATES.
[Adopted by the Congress of the United States November 15, 1777, and submitted for ratification to the several states. Ratification consummated and pro- claimed March 1, 1781. ]
SUMMARY.
PREAMBLE.
ARTICLE 1. Style of Confederacy.
ART. 2. Each state retains all pow- ers not expressly delegated to congress.
ART. 3. Obligations and purposes of the league of the states.
ART. 4. Freedom of intercourse be- tween the states-surrender of fugitives from justice-records, acts and judicial proceedings of courts to be received with full faith and credit by other states.
ART. 5. Congress -how organized and maintained - each state to have one vote-privileges of del- egates.
ART. 6. No state may send embas- sies or make treaties-persons holding office not to accept pres- ents, emoluments or titles from foreign states-nor shall titles of nobility be granted-no two or more states to make treaties without consent of congress-no state duties to interfere with for- eign treaties - restriction upon naval armaments and military forces-militia-arms and muni- tions-war powers limited and defined.
ART. 7. Military appointments.
ART. 8. Equalization of war charges and expenses for the common de- fence-based upon the value of land and improvements thereon -taxes to be levied by states.
ART. 9. Powers of congress-declar- ing peace and war-holding trea- ties-captures and prizes-letters of marque and reprisal-courts for trial of piracies and felonies on high seas-appeals in cases of captures - differences between states-mode of choosing commis- sioners or judges-private right of soil claimed under two or more states-coining money-weights and measures-Indian affairs - post routes-army-navy -com- mittee of the states-other com- mittees-civil officers-president - public expenses - borrowing money-bills of credit-land and naval forces-quotas based upon a census-states to raise and equip men at expense of United States - enumeration of measures re- quiring the assent of a majority of the states-adjournments of congress - journals - copies of proceedings to be furnished to states if desired.
ART. 10. Powers of the committee of the states.
ART. 11. Canada allowed to join the Union-other colonies to require the assent of nine states.
ART. 12. United States pledged for payment of bills of credit and borrowed moneys.
ART. 13. States bound by decisions of congress - union to be per- petual-changes in Articles to be agreed to by every state-ratifi- cation and pledge.
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Iowa Official Register.
TO ALL TO WHOM THESE PRESENTS SHALL COME, WE THE UNDER- SIGNED, DELEGATES OF THE STATES AFFIXED TO OUR NAMES, SEND GREETING:
Whereas the delegates of the United States of America in congress assembled did, on the fifteenth day of November, in the year of our Lord one thousand seven hundred and seventy-seven, and in the second year of theindependence of America, agree to certain articles of confederation and perpetual union between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Penn- sylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, in the words following, viz:
ARTICLES OF CONFEDERATION AND PERPETUAL UNION, BETWEEN THE STATES OF NEW HAMPSHIRE, MASSACHUSETTS BAY, RHODE ISLAND AND PROVIDENCE PLANTATIONS, CONNECTICUT, NEW YORK, NEW JERSEY, PENNSYLVANIA, DELAWARE, MARYLAND, VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA AND GEORGIA :-
ARTICLE 1. The style of this confederacy shall be "THE UNITED STATES OF AMERICA."
ART. 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 States, in congress assembled.
ART. 3. The said states hereby severally enter into a firm league of friend- ship with each other for their common defense, the securityof 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 pretense whatever.
ART. 4. The better to secure and perpetuate mutual friendship and inter- course 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, impositions 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 imposi- tion, 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 misde- meanor 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 fied, be delivered up and removed to the state having jurisdiction of his offense.
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.
ART. 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 recall its dele-
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gates, or any of them, 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 term of six years; nor shall any person, being a dele- gate, be capable of holding any office under the United States for which he, or another for his benefit, receives any salary, fees or emolument of any kind.
Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of these states.
In determining questions in the United States in congress assembled, each state shall have one vote.
Freedom of speech and debate in congress shall not be impeached or ques- tioned 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.
ART. 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 stip- ulations 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 con- gress assembled, for the defense 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 defense 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 regu- lations 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
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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.
ART. 7. When land forces are raised by any state for the common defense, 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.
ART. 8. All charges of war, and all other expenses that shall be incurred for the common defense 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 asembled 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.
¥, ART. 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 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 sub- jected 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 capture; 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 legislature 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 of th · 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 peti- tioners 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
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party shall neglect to attend at the day appointed without showing 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 favor, 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 differ- ent 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 exclu- sive 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: pro- vided, 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 expenses 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 operations.
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 officers 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 expenses; 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 requisition shall be binding;
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and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm and equip them, in a soldier-like manner, at the expense of the United States; and the officers and men, so clothed, 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, clothed, 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 connot be safely spared out of the same, in which case they shall raise, officer, clothe, arm and equip as many of such extra number as they judge can be safely spared, and the officers and men, so clothed, 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 trea- ties or alliances, nor coin money, nor regula e the value thereof, nor ascertain the sums and expenses necessary for the defense 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 re- lating to treatles, 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 anv delegate; and the del- egates 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.
ART. 10. The committee of the states, or any nine of them, shall be author- ized 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.
ART. 11. Canada, acceding to this confederation and joining in the meas- ures of the United States, shall be admitted into and entitled to all the advan- tages of this union ; but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.
ART. 12. All bills of credit emitted, moneys 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 asa charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged.
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