USA > Ohio > Greene County > History of Greene County, together with historic notes on the northwest and the state of Ohio > Part 91
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95
Digitized by Google
ARTICLES OF CONFEDERATION-1777.
To all whom these Presents shall come, we the undersigned Delegates of the States affixed to our names send greeting.
Whereas, the Delegates of the United States of America in Con- gress 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 the Independence of America, agree to certain articles of Confederation and perpetual Union be- tween the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caro- lina, 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 I.
The style of this confederacy shall be "THE UNITED STATES OF AMERICA."
ARTICLE II.
Each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this con- federation expressly delegated the United States, in Congress as- sembled.
955
Digitized by Google
956
ARTICLES OF CONFEDERATION.
ARTICLE III.
The said States hereby severally enter 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 them- selves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sover- eignty, trade, or any other pretense whatever.
ARTICLE IV.
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 peo- ple 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 restric- tions 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 fled, be delivered up and removed to the State having jurisdiction 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 magis- trates of every other State.
ARTICLE V.
For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such
Digitized by Google
957
SUPPLEMENT.
manner as the legislature of each state shall direct, to meet in Con- gress on the first Monday in November, in every year, with a pow- er reserved to each State to recall its delegates, 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 more than seven members; and no person shall be capable of be- ing a delegate for more than three years in any term of six years; nor shall any person, being a delegate, 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 the States.
In determining questions in the United States, in Congress as- sembled, each State shall have one vote.
Freedom of speech or debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the mem- bers 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 VI.
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 pur- poses 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
Digitized by Google
958
ARTICLES OF CONFEDERATION.
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 accoutered, 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 res- olution 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 as- sembled shall determine otherwise.
ARTICLE VII.
When land-forces are raised by any State for the common de- fence, 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 ap- pointment.
Digitized by Google
959
SUPPLEMENT.
ARTICLE VIII.
All charges of war, and all other expenses 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 im- provements 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 as- sembled.
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 sixth article-of sending and receiv- ing 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 service of the United States shall be divided or appropriated-of granting letters of marque and reprisal in times of peace-appoint- ing 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 author .
Digitized by Google
960
ARTICLES OF CONFEDERATION.
ity 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, commis- sioners 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 thir- teen ; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Con- gress 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 de- termination : and if either 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 Sec- retary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be ap- pointed, in the manner before prescribed, shall be final and con- clusive ; 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 judg- ment, 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
Digitized by Google
961
SUPPLEMENT.
under different grants of two or more States, whose jurisdiction 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 res- pecting 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 in- fringed or violated-establishing and regulating post-offices from one State to another, throughout all the United States, and exact- ing 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 force, 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 regu- lation of the said land and naval forces, and directing their opera- tions.
The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denom- inated "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 num- ber 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 ser- vice 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
Digitized by Google
962
ARTICLES OF CONFEDERATION.
quota, in proportion to the number of white inhabitants in such State ; which requisition shall be binding, and thereupon the Leg- islature 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 as- sembled : 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 cannot 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 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 expenses 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 na- vy, unless nine States assent to the same; nor shall a question on any other point, except for adjourning from day to day, be deter- mined, 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 secresy; and the yeas and nays of the delegates of each State on any ques-
Digitized by Google
963
SUPPLEMENT.
tion shall be entered on the journal when it is desired by any del- egate ; 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, ex- cept 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 au- thorized 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 confedera- tion, 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 mea- sures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admit- ted 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 con- federation are submitted to them. And the articles of this confed- eration shall be inviolably observed by every State, and the Union
Digitized by Google
964
ARTICLES OF CONFEDERATION.
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 Con- gress of the United States, and be afterwards confirmed by the Legislatures of every State.
And whereas it has pleased the Great Governor of the world to incline the hearts of the Legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said ar- ticles of confederation and perpetual union, know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things there- in contained; and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the de- terminations of the United States in Congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the States we re[s]pectively represent, and that the Union shall be per- petual.
In witness whereof we have hereunto set our hands in Congress. Done at Philadelphia, in the State of Pennsylvania, the ninth day of July, in the year of our Lord, one thousand seven hundred and seventy-eight, and in the third year of the independence of America.
On the part and behalf of the State of New Hampshire. Josiah Bartlett, John Wentworth, Junr., August 8, 1778.
On the part and behalf of the State of Massachusetts Bay.
John Hancock, Francis Dana,
Samuel Adams, James Lovell,
Eldbridge Gerry, Samuel IIolten.
On the part and behalf of the State of Rhode Island and Providence Plantations.
William Ellery, Henry Marchant.
John Collins.
-
Digitized by Google
965
SUPPLEMENT.
On the part and behalf of the State of Connecticut.
Roger Sherman, Titus Hosmer,
Samuel Huntington,
Andrew Adams.
Oliver Wolcott,
On the part and behalf of the State of New York.
Jas. Duane,
Wm. Duer,
Fra. Lewis,
Gouv. Morris.
On the part and behalf of the State of New Jersey, Nov. 26, 1778.
Jno. Witherspoon, Nathl. Scudder.
On the part and behalf of the State of Pennsylvania.
Robt. Morris,
William Clingan,
Daniel Roberdeau, Joseph Reed, 22d July, 1778.
Jona. Bayard Smith.
On the part and behalf of the State of Delaware.
Tho. Mckean, Feby. 11, 1779. Nicholas Van Dyke. John Dickinson, May 5, 1779.
On the part and behalf of the State of Maryland.
John Hanson, March 1, 1781. Daniel Carroll, March 1, 1781. On the part and behalf of the State of Virginia.
Richard Henry Lee, Jno. Harvie,
John Banister, Francis Lightfoot Lee.
Thomas Adams,
On the part and behalf of the State of No. Carolina. John Penn, July 21, 1778. Jno. Williams.
Corns. Harnett.
On the part and behalf of the State of South Carolina. Henry Laurens, Richd. Hutson. William Henry Drayton, Thos. Heyward, Junr. Jno. Mathews,
On the part and behalf of the State of Georgia. Jno. Walton, 24th July, 1778. Edwd. Langworthy. Edwd. Telfair,
Digitized by Google
CONSTITUTION OF THE UNITED STATES.
By that immortal document, the Declaration of Independ- ence, all men are denominated equal and of right privileged to in- vestigate all questions of vital importance to them, as members of the Republic. Inasmuch, therefore, as the critical condition of our Chief Executive renders constitutional questions connected there- with subjects of daily discussion, and has so popularized the rules of government laid down in our great statute, we deem it eminently necessary that the same should be presented in a convenient form for ready reference, in the household of every reader of this vol- ume, we therefore insert it here.
In May, 1785, a committee of Congress made a report, recom- mending an alteration in the Articles of Confederation, but no ac- tion was taken on it, and it was left to the State Legislatures to proceed in the matter.
In January, 1786, the Legislature of Virginia passed a resolution providing for the appointment of five commissioners, who, or any three of them, should meet such commissioners. as might be ap- pointed in the other States of the Union, at a time and place to be agreed upon, to take into consideration the trade of the United States ; to consider how far a uniform system in their commercial regulations may be necessary to their common interest, and their permanent harmony; and to report to the several States such an act, relative to this great object, as, when ratified by them, will en- able the United States, in Congress, effectually to provide for the same.
1
The Virginia commissioners, after some correspondence, fixed the first Monday .in September as the time, and the city of Annap- olis as the place for the meeting, but only four other States were represented : Delaware, New York, New Jersey and Pennsylvania; the commissioners appointed by Massachusetts, New Hampshire, North Carolina and Rhode Island failed to attend.
966
Digitized by Google
-
967
SUPPLEMENT.
Under the circumstances of so partial a representation, the com- missioners present agreed upon a report, (drawn by Mr. Hamilton, of New York,) expressing their unanimous conviction that it might essentially tend to advance the interests of the Union, if the States by which they were respectively delegated would concur, and use their endeavors to procure the concurrence of the other States, in the appointment of commissioners to meet at Philadelphia on the second Monday of May following, to take into consideration the situation of the United States ; to devise such further provisions as should appear to them necessary to render the Constitution of the Federal Government adequate to the exigencies of the Union; and to report such an act for that purpose to the United States, in Con- gress assembled, as, when agreed to by them and afterwards con- firmed by the Legislatures of every State, would effectually provide for the same.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.