[United States Senate Manual, 118th Congress]
[S. Doc. 118-1]
[Historical Documents]
[Pages 537-568]
[From the U.S. Government Publishing Office, www.gpo.gov]
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HISTORICAL DOCUMENTS
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[[Page 539]]
[1700]
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DECLARATION OF INDEPENDENCE
IN CONGRESS JULY 4, 1776
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THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF
AMERICA
When in the Course of human events, it becomes necessary
for one people to dissolve the political bands which have
connected them with another, and to assume among the powers
of the earth, the separate and equal station to which the
Laws of Nature and of Nature's God entitle them, a decent
respect to the opinions of mankind requires that they should
declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their Creator
with certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness. That to secure these
rights, Governments are instituted among Men, deriving their
just powers from the consent of the governed. That whenever
any Form of Government becomes destructive of these ends, it
is the Right of the People to alter or to abolish it, and to
institute new Government, laying its foundation on such
principles and organizing its powers in such form, as to
them shall seem most likely to effect their Safety and
Happiness. Prudence, indeed, will dictate that Governments
long established should not be changed for light and
transient causes; and accordingly all experience hath shewn
that mankind are more disposed to suffer, while evils are
sufferable, than to right themselves by abolishing the forms
to which they are accustomed. But when a long train of
abuses and usurpations, pursuing invariably the same Object
evinces a design to reduce them under absolute Despotism, it
is their right, it is their duty, to throw off such
Government, and to provide new Guards for their future
security. Such has been the patient sufferance of these
Colonies;
[[Page 540]]
and such is now the necessity which constrains them to alter
their former Systems of Government. The history of the
present King of Great Britain is a history of repeated
injuries and usurpations, all having in direct object the
establishment of an absolute Tyranny over these States. To
prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome
and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate
and pressing importance, unless suspended in their operation
till his Assent should be obtained; and when so suspended he
has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation
of large districts of people, unless those people would
relinquish the right of Representation in the Legislature, a
right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places
unusual, uncomfortable, and distant from the dispository of
their public Records, for the sole purpose of fatiguing them
into compliance with his measures.
He has dissolved Representative Houses repeatedly, for
opposing with manly firmness his invasions on the rights of
the people.
He has refused for a long time, after such dissolutions,
to cause others to be elected; whereby the Legislative
powers, incapable of Annihilation, have returned to the
People at large for their exercise; the State remaining in
the mean time exposed to all the dangers of invasion from
without, and convulsions within.
He has endeavoured to prevent the population of these
States; for that purpose obstructing the Laws for
Naturalization of Foreigners; refusing to pass others to
encourage their migrations hither, and raising the
conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by
refusing his Assent to Laws for establishing Judiciary
powers.
He has made Judges dependent on his Will alone, for the
tenure of their offices, and the amount and payment of their
salaries.
[[Page 541]]
He has erected a multitude of New Offices, and sent
hither swarms of Officers to harrass our people, and eat out
their substance.
He has kept among us, in times of peace, Standing Armies
without the Consent of our legislatures.
He has affected to render the Military independent of
and superior to the Civil power.
He has combined with others to subject us to a
jurisdiction foreign to our constitution, and unacknowledged
by our laws; giving his Assent to their Acts of pretended
Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment
for any Murders which they should commit on the Inhabitants
of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial
by Jury:
For transporting us beyond Seas to be tried for
pretended offences:
For abolishing the free System of English Laws in a
neighbouring Province, establishing therein an Arbitrary
government, and enlarging its Boundaries so as to render it
at once an example and fit instrument for introducing the
same absolute rule into these Colonies:
For taking away our Charters, abolishing our most
valuable Laws, and altering fundamentally the Forms of our
Governments:
For suspending our own Legislatures, and declaring
themselves invested with power to legislate for us in all
cases whatsoever.
He has abdicated Government here, by declaring us out of
his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our
towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign
Mercenaries to compleat the works of death, desolation and
tyranny, already begun with circumstances of Cruelty &
perfidy scarcely paralleled in the most barbarous ages, and
totally unworthy of the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on
the high Seas to bear Arms against their Country,
[[Page 542]]
to become the executioners of their friends and Brethren, or
to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and
has endeavoured 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 circumstances 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 interrupt 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 General Congress, Assembled, appealing to the
Supreme Judge of the world for the rectitude of our
intentions, do, in the Name, and by 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
connection 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 support of this Declaration, with a
firm reliance on the protection of divine Providence, we
mutually pledge
[[Page 543]]
to each other our Lives, our Fortunes, and our sacred Honor.
(The foregoing declaration was, by order of Congress, engrossed, and
signed by the following members:)
JOHN HANCOCK.
New Hampshire
Vosiah Bartlett,
Wm. Whipple,
Matthew Thornton.
Massachusetts Bay
Saml. Adams,
John Adams,
Robt. Treat Paine,
Elbridge Gerry.
Rhode Island, etc.
Step. Hopkins,
William Ellery.
Connecticut
Roger Sherman,
Sam'el Huntington,
Wm. Williams,
Oliver Wolcott.
New York
Wm. Floyd,
Phil. Livingston,
Frans. Lewis,
Lewis Morris.
New Jersey
Richd. Stockton,
Jno. Witherspoon,
Fras. 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
Caesar Rodney,
Geo. Read,
Tho. M'Kean.
Maryland
Samuel Chase,
Wm. Paca,
Thos. Stone,
Charles Carroll of
Carrollton.
[[Page 544]]
Virginia
George Withe,
Richard Henry Lee,
Th. Jefferson,
Benja. Harrison,
Thos. Nelson, Jr.,
Francis Lightfoot Lee,
Carter Braxton.
North Carolina
Wm. Hooper,
Joseph Hewes,
John Penn.
South Carolina
Edward Rutledge,
Thos. Heyward, Junr.,
Thomas Lynch, Junr.,
Arthur Middleton.
Georgia
Button Gwinnett,
Lyman Hall,
Geo. Walton.
Resolved, That copies of the Declaration be sent to the
several assemblies, conventions, and committees or councils
of safety, and to the several commanding officers of the
Continental Troops: That it be proclaimed in each of the
United States, and at the Head of the Army.--[Jour. Cong.,
vol. 1, p. 396.]
articles of confederation
articles of confederation
[[Page 545]]
[1701]
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ARTICLES OF CONFEDERATION
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HISTORICAL BACKGROUND
While the Declaration of Independence was under
consideration in the Continental Congress, and before it was
finally agreed upon, measures were taken for the
establishment of a constitutional form of government; and on
the 11th of June, 1776, it was ``Resolved, That a committee
be appointed to prepare and digest the form of a
confederation to be entered into between these Colonies'';
which committee was appointed the next day, June 12, and
consisted of a member from each Colony, namely: Mr.
Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R.
Livingston, Mr. Dickinson, Mr. McKean, Mr. Stone, Mr.
Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. On the
12th of July, 1776, the committee reported a draft of the
Articles of Confederation, which was printed for the use of
the members under the strictest injunctions of secrecy.
This report underwent a thorough discussion in Congress,
from time to time, until the 15th of November, 1777; on
which day, ``Articles of Confederation and Perpetual Union''
were finally agreed to in form, and they were directed to be
proposed to the legislatures of all the United States, and
if approved by them, they were advised to authorize their
delegates to ratify the same in the Congress of the United
States; and in that event they were to become conclusive. On
the 17th of November, 1777, the Congress agreed upon the
form of a circular letter to accompany the Articles of
Confederation, which concluded with a recommendation to each
of the several legislatures ``to invest its delegates with
competent powers, ultimately, and in the name and behalf of
the State, to subscribe articles of confederation and
perpetual union of the United States, and to attend Congress
for that purpose on or before the 10th day of March next.''
This letter was signed by the President of Congress and
sent, with a copy of the articles, to each State
legislature.
On the 26th of June, 1778, Congress agreed upon the form
of a ratification of the Articles of Confederation, and
directed a copy of the articles and the ratification to be
engrossed on parchment; which, on the 9th of July, 1778,
having been examined and the blanks filled, was signed by
the delegates of New Hampshire, Massachusetts Bay, Rhode
Island and Providence Plantations, Connecticut, New York,
Pennsylvania, Virginia, and South Carolina. Congress then
directed that a circular letter be addressed to the States
whose delegates were not present, or being present,
conceived they were not authorized to sign the ratification,
informing them how many and what States had ratified the
Articles of Confederation, and desiring them, with all
convenient dispatch, to authorize their delegates to ratify
the same. Of these States,
[[Page 546]]
North Carolina ratified on the 21st and Georgia on the 24th
of July, 1778; New Jersey on the 26th of November following;
Delaware on the 5th of May, 1779; Maryland on the 1st of
March, 1781; and on the 2d of March, 1781, Congress
assembled under the new form of government.
articles of confederation
articles of confederation
[[Page 547]]
[1701]
____________________________________________________________
ARTICLES OF CONFEDERATION\1\
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1701.1 ACT OF CONFEDERATION OF THE UNITED STATES OF AMERICA
to all to whom these presents shall come, we the undersigned
delegates of the states affixed to our names, send
greetings
Whereas the Delegates of the United States of America in
Congress assembled did on the 15th 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 between the states of Newhampshire, Massachusetts-bay,
Rhodeisland and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina and Georgia in the
Words following, viz.
\1\Adopted by the Continental Congress on November 15,
1777, while meeting at York, Pennsylvania, which served as
the site of the National Capital from September 30, 1777, to
June 27, 1778. Ratification of the Articles by the
respective delegates commenced on July 9, 1778, in
Philadelphia, Pennsylvania, but was not completed until
March 1, 1781, when the Articles were signed by the
delegates from Maryland.
``articles of confederation and perpetual union between the
states of newhampshire, massachusetts-bay, rhodeisland
and providence plantations, connecticut, new york, new
jersey, pennsylvania, delaware, maryland, virginia,
north carolina, south carolina and georgia
1701.2 Article i. The Stile of this confederacy shall be ``The
United States of America.''
1701.3 Article ii. 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.
[[Page 548]]
1701.4 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 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 pretence whatever.
1701.5 Article iv. The better to secure and perpetuate mutual
friendship 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,
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 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 magistrates of every other state.
1701.6 Article v. For the more convenient management of the
general interest 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 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 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,
[[Page 549]]
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 assembled, each state shall have one vote.
Freedom of speech and debate in Congress shall not be
impeached 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.
1701.7 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 purposes for which the same is to
be entered into, and how long it shall continue.
No state shall lay any imposts of 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
[[Page 550]]
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.
1701.8 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.
1701.9 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.
[[Page 551]]
1701.10 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 receiving embassadors--
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
[[Page 552]]
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 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 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
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 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--
[[Page 553]]
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
thro' 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 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
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 moneys so
borrowed or emitted--to build and equip a navy--to agree
upon the number of land forces, and to make requisition 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 cloath,
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
[[Page 554]]
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, cloath, 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.
1701.11 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
[[Page 555]]
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.
1701.12 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.
1701.13 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.
1701.14 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 afterward confirmed
by the legislatures of every state.
1701.15 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 articles 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 therein contained: And we do further
solemnly plight and engage the faith of our respective
constituents, that they shall abide by the determinations 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
[[Page 556]]
inviolably observed by the states we respectively represent
and that the union shall be perpetual.
1701.16 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,
Samuel Adams,
Elbridge Gerry,
Francis Dana,
James Lovell,
Samuel Holten.
On the part and in behalf of the State of Rhode Island and Providence
Plantations.
William Ellery,
Henry Marchant,
John Collins.
On the part and behalf of the State of Connecticut.
Roger Sherman,
Samuel Huntington,
Oliver Wolcott,
Titus Hosmer,
Andrew Adams.
On the part and behalf of the State of New York.
Jas Duane,
Fras Lewis,
William Duer,
Gouvr Morris.
On the part and in behalf of the State of New Jersey.
Jno Witherspoon,
Nathl Scudder, Nov. 26, 1778.
On the part and behalf of the State of Pennsylvania.
Robt. Morris,
Daniel Roberdeau,
Jona Bayard Smith,
William Clingan,
Joseph Reed, July 22, 1778.
On the part and behalf of the State of Delaware.
John Dickinson, May 5, 1779,
Nicholas Van Dyke,
Tho. M'Kean, Feb. 12, 1779.
On the part and behalf of the State of Maryland.
John Hanson, March 1, 1781,
Daniel Carrol Do
[[Page 557]]
On the part and behalf of the State of Virginia.
Richard Henry Lee,
John Banister,
Thomas Adams,
Jno Harvie,
Francis Lightfoot Lee.
On the part and behalf of the State of North Carolina.
John Penn, July 21, 1778,
Corns. Harnett,
Jno Williams.
On the part and behalf of the State of South Carolina.
Henry Laurens,
William Henry Drayton,
Jno Mathews,
Richard Hutson,
Thos. Heyward, Junr.
On the part and behalf of the State of Georgia.
Jno Walton, 24th July 1778,
Edwd Telfair,
Edwd. Langworthy.
ordinance of 1787
ordinance of 1787
[[Page 559]]
[1702]
____________________________________________________________
ORDINANCE OF 1787
____________________________________________________________
AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE
UNITED STATES NORTHWEST OF THE RIVER OHIO
[The Confederate Congress, July 13, 1787]
1702.1 Section 1. Be it ordained by the United States in
Congress assembled, That the said Territory, for the purpose
of temporary government, by one district, subject, however,
to be divided into two districts, as future circumstances
may, in the opinion of Congress, make it expedient.
1702.2 Sec. 2. Be it ordained by the authority aforesaid, That
the estates both of resident and non-resident proprietors in
the said territory, dying intestate, shall descend to, and
be distributed among, their children and the descendants of
a deceased child in equal parts, the descendants of a
deceased child or grandchild to take the share of their
deceased parent in equal parts among them; and where there
shall be no children or descendants, then in equal parts to
the next of kin, in equal degree; and among collaterals, the
children of a deceased brother or sister of the intestate
shall have, in equal parts among them, their deceased
parent's share; and there shall, in no case, be a
distinction between kindred of the whole and half blood;
saving in all cases to the widow of the intestate, her third
part of the real estate for life, and one-third part of the
personal estate; and this law relative to descents and
dower, shall remain in full force until altered by the
legislature of the district. And until the governor and
judges shall adopt laws as hereinafter mentioned, estates in
the said territory may be devised or bequeathed by wills in
writing, signed and sealed by him or her in whom the estate
may be (being of full age), and attested by three witnesses;
and real estates may be conveyed by lease and release, or
bargain and sale, signed, sealed, and delivered by the
person, being of full
[[Page 560]]
age, in whom the estate may be, and attested by two
witnesses, provided such wills be duly proved, and such
conveyances be acknowledged, or the execution thereof duly
proved, and be recorded within one year after proper
magistrates, courts, and registers, shall be appointed for
that purpose; and personal property may be transferred by
delivery, saving, however, to the French and Canadian
inhabitants, and other settlers of the Kaskaskies, Saint
Vincents, and the neighboring villages, who have heretofore
professed themselves citizens of Virginia, their laws and
customs now in force among them, relative to the descent and
conveyance of property.
1702.3 Sec. 3. Be it ordained by the authority aforesaid, That
there shall be appointed, from time to time, by Congress, a
governor whose commission shall continue in force for the
term of three years, unless sooner revoked by Congress; he
shall reside in the district, and have a freehold estate
therein, in one thousand acres of land, while in the
exercise of his office.
1702.4 Sec. 4. There shall be appointed from time to time, by
Congress, a secretary, whose commission shall continue in
force for four years, unless sooner revoked; he shall reside
in the district, and have a freehold estate therein, in five
hundred acres of land, while in the exercise of his office.
It shall be his duty to keep and preserve the acts and laws
passed by the legislature, and the public records of the
district, and the proceedings of the governor in his
executive department, and transmit authentic copies of such
acts and proceedings every six months to the Secretary of
Congress. There shall also be appointed a court, to consist
of three judges, any two of whom to form a court, who shall
have a common-law jurisdiction, and reside in the district,
and have each therein a freehold estate, in five hundred
acres of land, while in the exercise of their offices; and
their commissions shall continue in force during good
behavior.
1702.5 Sec. 5. The governor and judges, or a majority of them,
shall adopt and publish in the district such laws of the
original States, criminal and civil, as may be necessary,
and best suited to the circumstances of the district, and
report them to Congress from time to time, which laws shall
be in force in the district until the organization of the
general assembly therein, unless disapproved of
[[Page 561]]
by Congress; but afterwards the legislature shall have
authority to alter them as they shall think fit.
1702.6 Sec. 6. The governor, for the time being, shall be
commander-in-chief of the militia, appoint and commission
all officers in the same below the rank of general officers;
all general officers shall be appointed, and commissioned by
Congress.
1702.7 Sec. 7. Previous to the organization of the general
assembly the governor shall appoint such magistrates, and
other civil officers, in each county or township, as he
shall find necessary for the preservation of the peace and
good order in the same. After the general assembly shall be
organized the powers and duties of magistrates and other
civil officers shall be regulated and defined by the said
assembly; but all magistrates and other civil officers, not
herein otherwise directed, shall, during the continuance of
this temporary government, be appointed by the governor.
1702.8 Sec. 8. For the prevention of crimes and injuries, the
laws to be adopted or made shall have force in all parts of
the district, and for the execution of process, criminal and
civil, the governor shall make proper divisions thereof, and
he shall proceed, from time to time, as circumstances may
require, to lay out the parts of the district in which the
Indian titles shall have been extinguished, into counties
and townships, subject, however, to such alterations as may
thereafter be made by the legislature.
1702.9 Sec. 9. So soon as there shall be five thousand free
male inhabitants, of full age, in the district, upon giving
proof thereof to the governor, they shall receive authority,
with time and place, to elect representatives from their
counties or townships, to represent them in the general
assembly: Provided, That for every five hundred free male
inhabitants there shall be one representative, and so on,
progressively, with the number of free male inhabitants,
shall the right of representation increase, until the number
of representatives shall amount to twenty-five; after which
the number and proportion of representatives shall be
regulated by the legislature: Provided, That no person be
eligible or qualified to act as a representative, unless he
shall have been a citizen of one of the United States three
years, and be a resident in the district, or unless
[[Page 562]]
he shall have resided in the district three years, and, in
either case, shall likewise hold in his own right, in fee-
simple, two hundred acres of land within the same: Provided
also, That a freehold in fifty acres of land in the
district, having been a citizen of one of the States, and
being resident in the district, or the like freehold and two
years' residence in the district, shall be necessary to
qualify a man as an elector of a representative.
1702.10 Sec. 10. The representatives thus elected shall serve
for the term of two years; and in case of the death of a
representative, or removal from office, the governor shall
issue a writ to the county or township, for which he was a
member, to elect another in his stead, to serve for the
residue of the term.
1702.11 Sec. 11. The general assembly, or legislature, shall
consist of the governor, legislative council, and a house of
representatives. The legislative council shall consist of
five members, to continue in office five years, unless
sooner removed by Congress; any three of whom to be a
quorum; and the members of the council shall be nominated
and appointed in the following manner, to wit: As soon as
representatives shall be elected the governor shall appoint
a time and place for them to meet together, and, when met
they shall nominate ten persons, resident in the district,
and each possessed of a freehold in five hundred acres of
land, and return their names to Congress, five of whom
Congress shall appoint and commission to serve as aforesaid;
and whenever a vacancy shall happen in the council, by death
or removal from office, the house of representatives shall
nominate two persons, qualified as aforesaid, for each
vacancy, and return their names to Congress, one of whom
Congress shall appoint and commission for the residue of the
term; and every five years, four months at least before the
expiration of the time of service of the members of the
council, the said house shall nominate ten persons,
qualified as aforesaid, and return their names to Congress,
five of whom Congress shall appoint and commission to serve
as members of the council five years, unless sooner removed.
And the governor, legislative council, and house of
representatives shall have authority to make laws in all
cases for the good government of the district, not repugnant
to the principles and articles in this ordinance established
and declared. And all bills, having passed by a majority in
the
[[Page 563]]
house, and by a majority in the council, shall be referred
to the governor for his assent; but no bill or legislative
act whatever, shall be of any force without his assent. The
governor shall have power to convene, prorogue, and dissolve
the general assembly, when, in his opinion, it shall be
expedient.
1702.12 Sec. 12. The governor, judges, legislative council,
secretary, and such other officers as Congress shall appoint
in the district, shall take an oath or affirmation of
fidelity, and of office; the governor before the President
of Congress, and all other officers before the governor. As
soon as a legislature shall be formed in the district, the
council and house assembled, in one room, shall have
authority, by joint ballot, to elect a delegate to Congress,
who shall have a seat in Congress, with a right of debating,
but not of voting, during this temporary government.
1702.13 Sec. 13. And for extending the fundamental principles of
civil and religious liberty, which form the basis whereon
these republics, their laws and constitutions, are erected;
to fix and establish those principles as the basis of all
laws, constitutions, and governments, which forever
hereafter shall be formed in the said territory; to provide,
also, for the establishment of States, and permanent
government therein, and for their admission to a share in
the Federal councils on an equal footing with the original
States, at as early periods as may be consistent with the
general interest:
1702.14 Sec. 14. It is hereby ordained and declared, by the
authority aforesaid, That the following articles shall be
considered as articles of compact, between the original
States and the people and States in the said territory, and
forever remain unalterable, unless by common consent, to
wit:
1702.15 Article I
No person, demeaning himself in a peaceable and orderly
manner, shall ever be molested on account of his mode of
worship, or religious sentiments, in the said territories.
1702.16 Article II
The inhabitants of the said territory shall always be
entitled to the benefits of the writs of habeas corpus, and
of the trial by jury; of a proportionate representation
[[Page 564]]
of the people in the legislature, and of judicial
proceedings according to the course of the common law. All
persons shall be bailable, unless for capital offences,
where the proof shall be evident, or the presumption great.
All fines shall be moderate; and no cruel or unusual
punishments shall be inflicted. No man shall be deprived of
his liberty or property, but by the judgment of his peers,
or the law of the land, and should the public exigencies
make it necessary, for the common preservation, to take any
person's property, or to demand his particular services,
full compensation shall be made for the same. And, in the
just preservation of rights and property, it is understood
and declared, that no law ought ever to be made or have
force in the said territory, that shall, in any manner
whatever, interfere with or affect private contracts, or
engagements, bona fide, and without fraud previously formed.
1702.17 Article III
Religion, morality, and knowledge being necessary to
good government, and the happiness of mankind, schools and
the means of education shall forever be encouraged. The
utmost good faith shall always be observed towards the
Indians; their lands and property shall never be taken from
them without their consent; and in their property, rights,
and liberty they never shall be invaded or disturbed, unless
in just and lawful wars authorized by Congress; but laws
founded in justice and humanity shall, from time to time, be
made, for preventing wrongs being done to them, and for
preserving peace and friendship with them.
1702.18 Article IV
The said territory, and the States which may be formed
therein, shall forever remain a part of this confederacy of
the United States of America, subject to the Articles of
Confederation, and to such alterations therein as shall be
constitutionally made; and to all the acts and ordinances of
the United States in Congress assembled, conformable
thereto. The inhabitants and settlers in the said territory
shall be subject to pay a part of the Federal debts,
contracted, or to be contracted, and a proportional part of
the expenses of government to be apportioned on them by
Congress, according to the same common rule
[[Page 565]]
and measure by which apportionments thereof shall be made on
the other States; and the taxes for paying their proportion
shall be laid and levied by the authority and direction of
the legislatures of the district or districts, or new
States, as in the original States, within the time agreed
upon by the United States in Congress assembled. The
legislatures of those districts, or new States, shall never
interfere with the primary disposal of the soil by the
United States in Congress assembled, nor with any
regulations Congress may find necessary for securing the
title in such soil to the bona-fide purchasers. No tax shall
be imposed on lands the property of the United States; and
in no case shall non-resident proprietors be taxed higher
than residents. The navigable waters leading into the
Mississippi and Saint Lawrence, and the carrying places
between the same, shall be common highways, and forever
free, as well to the inhabitants of the said territory as to
the citizens of the United States, and those of any other
States that may be admitted into the confederacy, without
any tax, impost, or duty therefor.
[Sands v. Manistee River Imp. Co., 123 U.S. 288.]
1702.19 Article V
There shall be formed in the said territory not less
than three nor more than five States; and the boundaries of
the States, as soon as Virginia shall alter her act of
cession and consent to the same, shall become fixed and
established as follows, to wit: The western State, in the
said territory, shall be bounded by the Mississippi, the
Ohio, and the Wabash Rivers; a direct line drawn from the
Wabash and Post Vincents, due north, to the territorial line
between the United States and Canada; and by the said
territorial line to the Lake of the Woods and Mississippi.
The middle State shall be bounded by the said direct line,
the Wabash from Post Vincents to the Ohio, by the Ohio, by a
direct line drawn due north from the mouth of the Great
Miami to the said territorial line, and by the said
territorial line. The eastern State shall be bounded by the
last-mentioned direct line, the Ohio, Pennsylvania, and the
said territorial line: Provided, however, And it is further
understood and declared, that the boundaries of these three
States shall be subject so far to be altered that, if
Congress shall hereafter find it expedient, they shall have
authority to form one or two States
[[Page 566]]
in that part of the said territory which lies north of an
east and west line drawn through the southerly bend or
extreme of Lake Michigan. And whenever any of the said
States shall have sixty thousand free inhabitants therein,
such State shall be admitted, by its delegates, into the
Congress of the United States, on an equal footing with the
original States, in all respects whatever; and shall be at
liberty to form a permanent constitution and State
government: Provided, The constitution and government, so to
be formed, shall be republican, and in conformity to the
principles contained in these articles, and, so far as it
can be consistent with the general interests of the
Confederacy, such admission shall be allowed at an earlier
period, and when there may be a less number of free
inhabitants in the State than sixty thousand.
1702.20 Article VI
There shall be neither slavery nor involuntary servitude
in the said territory, otherwise than in the punishment of
crimes, whereof the party shall have been duly convicted:
Provided always, That any person escaping in the same, from
whom labor or service is lawfully claimed in any one of the
original States, such fugitive may be lawfully reclaimed,
and conveyed to the person claiming his or her labor service
as aforesaid.
1702.21 Be it ordained by the authority aforesaid, That the
resolutions of the 23d of April, 1784, relative to the
subject of this ordinance, be, and the same are hereby,
repealed, and declared null and void.
Done by the United States, in Congress assembled, the
13th day of July, in the year of our Lord 1787, and of their
sovereignty and independence the 12th.
Charles Thomson,
Sec'y.
constitution of the united states
[[Page 567]]
[1710]
____________________________________________________________
CONSTITUTION OF THE UNITED STATES OF AMERICA
____________________________________________________________
HISTORICAL BACKGROUND
In May 1785, a committee of Congress made a report
recommending an alteration in the Articles of Confederation,
but no action 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 appointed
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 enable the United States in
Congress effectually to provide for the same.
The Virginia commissioners, after some correspondence,
fixed the first Monday in September as the time, and the
city of Annapolis as the place for the meeting, but only
four other States were represented, viz: Delaware, New York,
New Jersey, and Pennsylvania; the commissioners appointed by
Massachusetts, New Hampshire, North Carolina, and Rhode
Island failed to attend. Under the circumstances of so
partial a representation, the commissioners 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
Congress assembled as, when agreed to by them and afterwards
confirmed by the Legislatures of every State, would
effectually provide for the same.
Congress, on the 21st of February, 1787, adopted a
resolution in favor of a convention, and the Legislatures of
those States which had not already done so (with the
exception of Rhode Island) promptly appointed delegates. On
the 25th of May, seven States having convened, George
Washington, of Virginia, was unanimously elected President,
and the consideration of the proposed constitution was
commenced. On the 17th of September, 1787, the Constitution
as engrossed and agreed upon was signed by all the members
present, except Mr. Gerry, of Massachu
[[Page 568]]
setts, and Messrs. Mason and Randolph, of Virginia. The
president of the convention transmitted it to Congress, with
a resolution stating how the proposed Federal Government
should be put in operation, and an explanatory letter.
Congress, on the 28th of September, 1787, directed the
Constitution so framed, with the resolutions and letter
concerning the same, to ``be transmitted to the several
Legislatures in order to be submitted to a convention of
delegates chosen in each State by the people thereof, in
conformity to the resolves of the convention.''
On the 4th of March, 1789, the day which had been fixed
for commencing the operations of Government under the new
Constitution, it had been ratified by the conventions chosen
in each State to consider it, as follows: Delaware, December
7, 1787; Pennsylvania, December 12, 1787; New Jersey,
December 19, 1787; Georgia, January 2, 1788; Connecticut,
January 9, 1788; Massachusetts, February 6, 1788; Maryland,
April 28, 1788; South Carolina, May 23, 1788; New Hampshire,
June 21, 1788; Virginia, June 25, 1788; and New York, July
26, 1788.
The President informed Congress, on the 28th of January,
1790, that North Carolina had ratified the Constitution
November 21, 1789; and he informed Congress on the 1st of
June, 1790, that Rhode Island had ratified the Constitution
May 29, 1790. Vermont, in convention, ratified the
Constitution January 10, 1791, and was, by an act of
Congress approved February 18, 1791, ``received and admitted
into this Union as a new and entire member of the United
States.''
constitution of the united states