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OrganicLaws.txt
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OrganicLaws.txt
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-CITE-
THE ORGANIC LAWS
OF
THE UNITED STATES OF AMERICA
-End-
-CITE-
USC THE DECLARATION OF INDEPENDENCE - 1776 01/03/2007
-EXPCITE-
THE DECLARATION OF INDEPENDENCE - 1776
-HEAD-
THE DECLARATION OF INDEPENDENCE - 1776
-MISC1-
THE DECLARATION OF INDEPENDENCE - 1776 (!1)
IN CONGRESS, JULY 4, 1776
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; 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 distance from the depository 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.
He has erected a multitude of New Offices, and sent hither swarms of
Officers to harass 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 offenses:
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 the Head of a civilized nation.
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 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 Brittish 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
State; 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 to 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 to each other our Lives, our Fortunes and
our sacred Honor.
JOHN HANCOCK.
New Hampshire
Josiah Bartlett,
Matthew Thornton.
Wm. Whipple,
Massachusetts Bay
Saml. Adams,
Robt. Treat Paine,
John Adams,
Elbridge Gerry.
Rhode Island
Step. Hopkins,
William Ellery.
Connecticut
Roger Sherman,
Wm. Williams,
Sam'el Huntington,
Oliver Wolcott.
New York
Wm. Floyd,
Frans. Lewis,
Phil. Livingston,
Lewis Morris.
New Jersey
Richd. Stockton,
John Hart,
Jno. Witherspoon,
Abra. Clark.
Fras. Hopkinson,
Pennsylvania
Robt. Morris,
Jas. Smith,
Benjamin Rush,
Geo. Taylor,
Benja. Franklin,
James Wilson,
John Morton,
Geo. Ross.
Geo. Clymer,
Delaware
Caesar Rodney,
Tho. M'Kean.
Geo. Read,
Maryland
Samuel Chase,
Charles Carroll of
Wm. Paca,
Carrollton.
Thos. Stone,
Virginia
George Wythe,
Thos. Nelson, jr.,
Richard Henry Lee,
Francis Lightfoot
Th. Jefferson,
Lee,
Benja. Harrison,
Carter Braxton.
North Carolina
Wm. Hooper,
John Penn.
Joseph Hewes,
South Carolina
Thos. Heyward,
Thomas Lynch, Junr.,
Junr.,
Arthur Middleton.
Edward Rutledge,
Georgia
Button Gwinnett,
Geo. Walton.
Lyman Hall,
Note - Mr. Ferdinand Jefferson, Keeper of the Rolls in the Department of
State, at Washington, says: ``The names of the signers are spelt above
as in the fac-simile of the original, but the punctuation of them is not
always the same; neither do the names of the States appear in the fac-
simile of the original. The names of the signers of each State are
grouped together in the fac-simile of the original, except the name of
Matthew Thornton, which follows that of Oliver Wolcott.''
-FOOTNOTE-
(!1)The delegates of the United Colonies of New Hampshire; Massachusetts
Bay; Rhode Island and Providence Plantations; Connecticut; New York; New
Jersey; Pennsylvania; New Castle, Kent, and Sussex, in Delaware;
Maryland; Virginia; North Carolina, and South Carolina, In Congress
assembled at Philadelphia, Resolved on the 10th of May, 1776, to
recommend to the respective assemblies and conventions of the United
Colonies, where no government sufficient to the exigencies of their
affairs had been established, to adopt such a government as should, in
the opinion of the representatives of the people, best conduce to the
happiness and safety of their constituents in particular, and of America
in general. A preamble to this resolution, agreed to on the 15th of May,
stated the intention to be totally to suppress the exercise of every
kind of authority under the British crown. On the 7th of June, certain
resolutions respecting independency were moved and seconded. On the 10th
of June it was resolved, that a committee should be appointed to prepare
a declaration to the following effect: ``That the 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.'' On the preceding day it was determined
that the committee for preparing the declaration should consist of five,
and they were chosen accordingly, in the following order: Mr. Jefferson,
Mr. J. Adams, Mr. Franklin, Mr. Sherman, Mr. R. R. Livingston. On the
11th of June a resolution was passed to appoint a committee to prepare
and digest the form of a confederation to be entered into between the
colonies, and another committee to prepare a plan of treaties to be
proposed to foreign powers. On the 12th of June, it was resolved, that a
committee of Congress should be appointed by the name of a board of war
and ordnance, to consist of five members. On the 25th of June, a
declaration of the deputies of Pennsylvania, met in provincial
conference, expressing their willingness to concur in a vote declaring
the United Colonies free and independent States, was laid before
Congress and read. On the 28th of June, the committee appointed to
prepare a declaration of independence brought in a draught, which was
read, and ordered to lie on the table. On the 1st of July, a resolution
of the convention of Maryland, passed the 28th of June, authorizing the
deputies of that colony to concur in declaring the United Colonies free
and independent States, was laid before Congress and read. On the same
day Congress resolved itself into a committee of the whole, to take into
consideration the resolution respecting independency. On the 2d of July,
a resolution declaring the colonies free and independent States, was
adopted. A declaration to that effect was, on the same and the following
days, taken into further consideration. Finally, on the 4th of July, the
Declaration of Independence was agreed to, engrossed on paper, signed by
John Hancock as president, and directed to be sent to the several
assemblies, conventions, and committees, or councils of safety, and to
the several commanding officers of the continental troops, and to be
proclaimed in each of the United States, and at the head of the Army. It
was also ordered to be entered upon the Journals of Congress, and on the
2d of August, a copy engrossed on parchment was signed by all but one of
the fifty-six signers whose names are appended to it. That one was
Matthew Thornton, of New Hampshire, who on taking his seat in November
asked and obtained the privilege of signing it. Several who signed it on
the 2d of August were absent when it was adopted on the 4th of July,
but, approving of it, they thus signified their approbation.
Note - The proof of this document, as published above, was read by Mr.
Ferdinand Jefferson, the Keeper of the Rolls at the Department of State,
at Washington, who compared it with the fac-simile of the original in
his custody. He says: ``In the fac-simile, as in the original, the whole
instrument runs on without a break, but dashes are mostly inserted. I
have, in this copy, followed the arrangement of paragraphs adopted in
the publication of the Declaration in the newspaper of John Dunlap, and
as printed by him for the Congress, which printed copy is inserted in
the original Journal of the old Congress. The same paragraphs are also
made by the author, in the original draught preserved in the Department
of State.''
-End-
-CITE-
ARTICLES OF CONFEDERATION - 1777 01/03/2007
-EXPCITE-
ARTICLES OF CONFEDERATION - 1777
-HEAD-
ARTICLES OF CONFEDERATION - 1777
-MISC1-
ARTICLES OF CONFEDERATION - 1777 (!1)
TO ALL TO 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 Congress
assembled did on the fifteenth day of November in the Year of our Lord
One Thousand Seven Hundred and Seventyseven, 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.
''ARTICLES OF CONFEDERATION AND PERPETUAL UNION BETWEEN THE STATES
OF NEWHAMPSHIRE, MASSACHUSETTSBAY, RHODEISLAND AND PROVIDENCE
PLANTATIONS, CONNECTICUT, NEW-YORK, NEW-JERSEY, PENNSYLVANIA,
DELAWARE, MARYLAND, VIRGINIA, NORTH-CAROLINA, SOUTH-CAROLINA AND
GEORGIA.
Article I. The stile 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 confederation expressly delegated to the United States, in Congress
assembled.
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.
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.
Article V. 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 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, 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.
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 or duties, which may interfere with any
stipulations in treaties, entered into by the United States in Congress
assembled, with any king, prince or state, in pursuance of any treaties
already proposed by Congress, to the courts of France and Spain.
No vessels of war shall be kept up in time of peace by any State, except
such number only, as shall be deemed necessary by the United States in
Congress assembled, for the defence of such State, or its trade; nor
shall any body of forces be kept up by any State, in time of peace,
except such number only, as in the judgment of the United States, in
Congress assembled, shall be deemed requisite to garrison the forts
necessary for the defence of such State; but every State shall always
keep up a well regulated and disciplined militia, sufficiently armed and
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 resolution being
formed by some nation of Indians to invade such State, and the danger is
so imminent as not to admit of a delay, till the United States in
Congress assembled can be consulted: nor shall any State grant
commissions to any ships or vessels of war, nor letters of marque or
reprisal, except it be after a declaration of war by the United States
in Congress assembled, and then only against the kingdom or state and
the subjects thereof, against which war has been so declared, and under
such regulations as shall be established by the United States in
Congress assembled, unless such State be infested by pirates, in which
case vessels of war may be fitted out for that occasion, and kept so
long as the danger shall continue or until the United States in Congress
assembled shall determine otherwise.
Article VII. When land-forces are raised by any State for the common
defence, all officers of or under the rank of colonel, shall be
appointed by the Legislature of each State respectively by whom such
forces shall be raised, or in such manner as such State shall direct,
and all vacancies shall be filled up by the State which first made the
appointment.
Article VIII. All charges of war, and all other 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 improvements thereon
shall be estimated according to such mode as the United States in
Congress assembled, shall from time to time direct and appoint.
The taxes for paying that proportion shall be laid and levied by the
authority and direction of the Legislatures of the several States within
the time agreed upon by the United States in Congress assembled.
Article IX. The United States in Congress assembled, shall have the sole
and exclusive right and power of determining on peace and war, except in
the cases mentioned in the 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 subjected to, or from
prohibiting the exportation or importation of any species of goods or
commodities whatsoever_of establishing rules for deciding in all cases,
what captures on land or water shall be legal, and in what manner prizes
taken by land or naval forces in the service of the United States shall
be divided or appropriated_of granting letters of marque and reprisal in
times of peace_appointing courts for the trial of piracies and felonies
committed on the high seas and establishing courts for receiving and
determining finally appeals in all cases of captures, provided that no
member of Congress shall be appointed a judge of any of the said courts.
The United States in Congress assembled shall also be the last resort on
appeal in all disputes and differences now subsisting or that hereafter
may arise between two or more States concerning boundary, jurisdiction
or any other cause whatever; which authority shall always be exercised
in the manner following. Whenever the legislative or executive authority
or lawful agent of any State in controversy with another shall present a
petition to Congress, stating the matter in question and praying for a
hearing, notice thereof shall be given by order of Congress to the
legislative or executive authority of the other State in controversy,
and a day assigned for the appearance of the parties by their lawful
agents, who shall then be directed to appoint by joint consent,
commissioners or judges to constitute a court for hearing and
determining the matter in question: but if they cannot agree, Congress
shall name three persons out of each of the United States, and from the
list of such persons each party shall alternately strike out one, the
petitioners beginning, until the number shall be reduced to thirteen;
and from that number not less than seven, nor more than nine names as
Congress shall direct, shall in the presence of Congress be drawn out by
lot, and the persons whose names shall be so drawn or any five of them,
shall be commissioners or judges, to hear and finally determine the
controversy, so always as a major part of the judges who shall hear the
cause shall agree in the determination: and if either party shall
neglect to attend at the day appointed, without 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._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
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, 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 expense of
the United States; and the officers and men so cloathed, armed and
equipped shall march to the place appointed, and within the time agreed
on by the United States in Congress assembled: but if the United States
in Congress assembled shall, on consideration of circumstances judge
proper that any State should not raise men, or should raise a smaller
number than its quota, and that any other State should raise a greater
number of men than the quota thereof, such extra number shall be raised,
officered, cloathed, armed and equipped in the same manner as the quota
of such State, unless the legislature of such State shall judge that
such extra number cannot be safely spared out of the same, in which case
they shall raise, officer, 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 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 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 secresy; and the yeas and nays
of the delegates of each State on any question shall be entered on the
journal, when it is desired by any delegate; and the delegates of a
State, or any of them, at his or their request shall be furnished with a
transcript of the said journal, except such parts as are above excepted,
to lay before the Legislatures of the several States.
Article X. The committee of the States, or any nine of them, shall be
authorized to execute, in the recess of Congress, such of the powers of
Congress as the United States in Congress assembled, by the consent of
nine States, shall from time to time think expedient to vest them with;
provided that no power be delegated to the said committee, for the
exercise of which, by the articles of confederation, the voice of nine
States in the Congress of the United States assembled is requisite.
Article XI. Canada acceding to this confederation, and joining in the
measures of the United States, shall be admitted into, and entitled to
all the advantages of this Union: but no other colony shall be admitted
into the same, unless such admission be agreed to by nine States.
Article XII. All bills of credit emitted, monies borrowed and debts
contracted by, or under the authority of Congress, before the assembling
of the United States, in pursuance of the present confederation, shall
be deemed and considered as a charge against the United States, for
payment and satisfaction whereof the said United States, and the public
faith are hereby solemnly pledged.
Article XIII. Every State shall abide by the determinations of the
United States in Congress assembled, on all questions which by this
confederation are submitted to them. And the articles of this
confederation shall be inviolably observed by every State, and the Union
shall be perpetual; nor shall any alteration at any time hereafter be
made in any of them; unless such alteration be agreed to in a Congress
of the United States, and be afterwards confirmed by the Legislatures of
every State.
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 inviolably
observed by the States we re[s]pectively represent, and that the Union
shall be perpetual.
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.(!2)
On the part & behalf of the State of New Hampshire
Josiah Bartlett,
John Wentworth , Junr.,
August 8th, 1778.
On the part and behalf of the State of Massachusetts Bay
John Hancock,
Francis Dana,
Samuel Adams,
James Lovell,
Elbridge Gerry,
Samuel Holten.
On the part and behalf of the State of Rhode Island and Providence
Plantations
William Ellery,
John Collins.
Henry Marchant,
On the part and behalf of the State of Connecticut
Roger Sherman,
Titus Hosmer,
Samuel
Andrew Adams.
Huntington,
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 in behalf of the State of New Jersey, Novr. 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
Jona. Bayard
July, 1778.
Smith,
On the part & behalf of the State of Delaware
Tho. M'Kean , Feby.
Nicholas Van Dyke.
12, 1779.
John Dickinson, May 5th, 1779.
On the part and behalf of the State of Maryland
John Hanson,
Daniel Carroll,
March 1, 1781.
Mar. 1, 1781.
On the part and behalf of the State of Virginia
Richard Henry Lee,
Jno. Harvie,
John Banister,
Francis Lightfoot
Thomas Adams,
Lee.
On the part and behalf of the State of No. Carolina
John Penn,
Corns. Harnett,
July 21st, 1778.
Jno. Williams.
On the part & behalf of the State of South Carolina
Henry Laurens,
Richd. Hutson,
William Henry
Thos. Heyward , Junr.
Drayton,
Jno. Mathews,
On the part & behalf of the State of Georgia
Jno. Walton , 24th
Edwd. Telfair,
July, 1778.
Edwd. Langworthy.
-FOOTNOTE-
Congress Resolved, on the 11th of June, 1776, that a committee should
be appointed to prepare and digest the form of a confederation to be
entered into between the Colonies; and on the day following, after it
had been determined that the committee should consist of a member from
each Colony, the following persons were appointed to perform that duty,
to wit: Mr. Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R.
Livingston, Mr. Dickinson, Mr. M'Kean, Mr. Stone, Mr. Nelson, Mr. Hewes,
Mr. E. Rutledge, and Mr. Gwinnett. Upon the report of this committee,
the subject was, from time to time, debated, until the 15th of November,
1777, when a copy of the confederation being made out, and sundry
amendments made in the diction, without altering the sense, the same was
finally agreed to. Congress, at the same time, directed that the
articles should be proposed to the legislatures of all the United
States, to be considered, and if approved of by them, they were advised
to authorize their delegates to ratify the same in the Congress of the
United States; which being done, the same should become conclusive.
Three hundred copies of the Articles of Confederation were ordered to be
printed for the use of Congress; and on the 17th of November, the form
of a circular letter to accompany them was brought in by a committee
appointed to prepare it, and being agreed to, thirteen copies of it were
ordered to be made out, to be signed by the president and forwarded to
the several States, with copies of the confederation. On the 29th of
November ensuing, a committee of three was appointed, to procure a
translation of the articles to be made into the French language, and to
report an address to the inhabitants of Canada, &c. On the 26th of June,
1778, the form of a ratification of the Articles of Confederation was
adopted, and, it having been engrossed on parchment, it was signed on
the 9th of July on the part and in behalf of their respective States, by
the delegates of New Hampshire, Massachusetts Bay, Rhode Island and
Providence Plantations, Connecticut, New York, Pennsylvania, Virginia,
and South Carolina, agreeably to the powers vested in them. The
delegates of North Carolina signed on the 21st of July, those of Georgia
on the 24th of July, and those of New Jersey on the 26th of November
following. On the 5th of May, 1779, Mr. Dickinson and Mr. Van Dyke
signed in behalf of the State of Delaware, Mr. M'Kean having previously
signed in February, at which time he produced a power to that effect.
Maryland did not ratify until the year 1781. She had instructed her
delegates, on the 15th of December, 1778, not to agree to the
confederation until matters respecting the western lands should be
settled on principles of equity and sound policy; but, on the 30th of
January, 1781, finding that the enemies of the country took advantage of
the circumstance to disseminate opinions of an ultimate dissolution of
the Union, the legislature of the State passed an act to empower their
delegates to subscribe and ratify the articles, which was accordingly
done by Mr. Hanson and Mr. Carroll, on the 1st of March of that year,
which completed the ratifications of the act; and Congress assembled on
the 2d of March under the new powers.
Note - The proof of this document, as published above, was read by Mr.
Ferdinand Jefferson, the Keeper of the Rolls of the Department of State,
at Washington, who compared it with the original in his custody. He
says: ``The initial letters of many of the words in the original of this
instrument are capitals, but as no system appears to have been observed,
the same words sometimes beginning with a capital and sometimes with a
small letter, I have thought it best not to undertake to follow the
original in this particular. Moreover, there are three forms of the
letter s: the capital S, the small s and the long s, the last being used
indiscriminately to words that should begin with a capital and those
that should begin with a small s.''
(!2)From the circumstances of delegates from the same State having
signed the Articles of Confederation at different times, as appears by
the dates, it is probable they affixed their names as they happened to
be present in Congress, after they had been authorized by their
constituents.
-End-
-CITE-
ORDINANCE OF 1787: THE NORTHWEST TERRITORIAL GOVERNMENT 01/03/2007
-EXPCITE-
ORDINANCE OF 1787: THE NORTHWEST TERRITORIAL GOVERNMENT
-HEAD-
ORDINANCE OF 1787: THE NORTHWEST TERRITORIAL GOVERNMENT
-MISC1-
ORDINANCE OF 1787: THE NORTHWEST TERRITORIAL GOVERNMENT
(THE CONFEDERATE CONGRESS, JULY 13, 1787)
AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED
STATES NORTHWEST OF THE RIVER OHIO
Section 1. Be it ordained by the United States in Congress assembled,
That the said territory, for the purpose of temporary government, be one
district, subject, however, to be divided into two districts, as future
circumstances may, in the opinion of Congress, make it expedient.
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 descent 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 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.
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.
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.
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 by Congress; but afterwards the
legislature shall have authority to alter them as they shall think fit.
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.
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.
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.
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 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.
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.
Sec. 11. The general assembly or legislature, shall consist of the
governor, legislative counsel, 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 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.