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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Sundry letters were laid before Congress, and read,
One of the 11, from Brigadier General Wooster:
One from Mrs. Conolly:
One of the 10th, from the convention of New Jersey:
Resolved, That the last be referred to the Board of War.
Resolved, That the committee appointed, on the 8th of May last, on the instructions given to Commodore Hopkins, be discharged; and that the matters to them referred, be committed to the Marine Committee, who are invested with the same powers as the committee, now discharged, were at their appointment; and that the Marine Committee be directed to proceed to enquire, as well how far the said commodore has complied with the instructions given him by the naval committee, as into the complaints reported by the Marine Committee on the 13th of June, to have been exhibited against him.
The committee appointed to examine into the claims of Mr. Charles Walker, for the hire and expences of his sloopEndeavour, and the damages he has sustained, in consequence of her being taken into the service of the United Colonies, and brought from New Providence to New London by Commodore Hopkins, brought in their report, ∥which was taken into consideration∥; Whereupon,2
[Note 2: 2 A petition from Charles Walker, dated Philadelphia, June 18, 1776, is in thePapers of the Continental Congress, No. 42, VIII, folio 125.]
Resolved, That the said sloopEndeavour be restored to
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the said Walker, with all her stores and materials, as she came from sea, and now lies at New London:
That the sum of two thousand dollars be paid to the said Charles Walker, for the hire of her, and in lieu of all losses, damages, premiums of insurance, and expences whatever:
That the said Charles Walker be permitted to invest the balance of the said 2,000 dollars, (or what remains, after defraying his expences, and paying for the repairs and out fit of his vessel), in produce, and export the same.
The committee appointed to prepare articles of confederation brought in a draught, which was read:1
[Note 1: 1 The Articles of Confederation as first laid before Congress and ordered to be printed are in thePapers of the Continental Congress, No. 47. The original manuscript is in the writing of John Dickinson (folio 9,) but was used by Charles Thomson in noting such changes or amendments as were made in Congress, before the Articles were ordered to be printed a second time, on August 20. I have sought to give in this place the Articles as they were prepared by Dickinson, with the few changes he made while writing them, and with the queries which he noted on the margin. The text is substantially that printed in the first issue. Under August 20 is again repeated this first printed issue in parallel with the Articles as reported to Congress on that day and ordered to be printed.]
Articles of confederation and perpetual union, between the colonies of
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to or attacks made upon them or any of them, on Account of Religion, Sovereignty, Trade, or any other Pretence whatever.
[Note 1: 1 "Q. Should not the first Article provide for a Toleration and agt. Establishments hereafter to be made?"J. D.
"Quære. The Propriety of the Union's garranteeing to every colony their respective Constitution and form of Government?"J. D.]
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hereafter entered into by the United States assembled, with the King or Kingdom of Great Britain, or any foreign Prince or State.
[Note 1: 1 "Q. Should not this Article specify the Particulars, as to Age, Arms, Field pieces, &c."J. D.]
Inhabitantswho are not slaves, shall be triennially taken and transmitted toCongress the Assembly of the United States. The Taxes for paying that Proportion shall be laid and levied by the Authority and Direction of the Legislatures of the several Colonies, within the Time agreed upon by United States assembled.3[Note 2: 2 This word was inserted on striking out "who are not slaves."]
[Note 3: 3 "Q. If no Notice should be taken of the Bills already emitted, and if there should not be a Contract to contribute in due Proportion towards sinking them?"J. D.]
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Compensations, Retributions, Exemptions, or Benefits of any Kind, as such Colony or Colonies may think just or reasonable.
[Note 1: 1 "Q. How far the Expence of any War is to be defrayed by the Union?"J. D.]
no Purchases of Lands, hereafter to be made of the Indians by Colonies or private Persons before the Limits of the Colonies are ascertained, to be valid: All Purchases of Lands not included within those Limits, where ascertained, to be made by Contracts between the United States assembled, or by Persons for that Purpose authorized by them, and the great Councils of the Indians, for the general Benefit of all the United Colonies.3[Note 2: 2 "Q. How far a Colony may interfere in Indian Affairs?"J. D. To this point this paragraph was omitted in the printed version.]
[Note 3: 3 "This Article is submitted to Congress."J. D.]
[Note 4: 4 "This Article is submitted to Congress.
"Q. Should there not be an Article to prevent those who are hereafter brought into these Colonies, from being held in Slavery within the Colonies?"J. D.]
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Branches thereof as the Colony shall authorize for that purpose, to meetin General Congress at the City of Philadelphia, in the Colony of Pennsylvania, until otherwise ordered byCongress the United States assembled; which Meeting shall be on the first Monday of November in every Year, with a Power reserved to those who appointed the said Delegates, respectively tosupercede recal them or any of them at any time within the Year, and to send new Delegates in their stead for the Remainder of the Year. Each Colony shall support its own Delegates inCongress a Meeting of the States, and while they act as Members of the Council of State, herein after mentioned.1
[Note 1: 1 "Q. If there should not be an Oath or Affirmation prescrib'd for every Delegate to take? See 31st. Vol. of Mod. Univ'l Hist.
"Q. If a Delegate should be permitted to vote by Proxy or by Writing, when absent by Reason of Sickness, &c.?"J. D.]
The United States assembled shall have the sole and exclusive Right and Power of determining on Peace and War, except in the Cases mentioned in the thirteenth Article--Of establishing Rules for deciding in all Cases, what Captures on Land or Water shall be legal--In what Manner Prizes taken by land or naval Forces in the Service of the United States shall be divided or appropriated--Granting Letters of Marque and Reprisal in Times of Peace--Appointing Courts for the Trial of all Crimes, Frauds and Piracies committed on the High Seas, or on any navigable River, not within the Body of a County or Parish--Establishing Courts for receiving and determining finally Appeals in all Cases of Captures--Sending and receiving Ambassadors under any Character--Entering into Treaties and Alliances-Settling all Disputes and Differences now subsisting, or that hereafter may arise between two or more Colonies concerning Boundaries, Jurisdictions, or any other Cause whatever--Coining Money and regulating the Value thereof--Regulating theIndian Trade, and managing allIndian Affairs with the Indians--Limiting the Bounds of[Note 2: 2 "Q. How the power is to be describ'd, if any is to be given to the United States assembled, of erecting Forts and keeping Garrisons,in any Colony, for the genl. Defence? Should it be done, if the Colony objects?
"Q. The power of arresting and trying persons in the Service of the United States,in any Colony, without applying to the Governmentof such Colony? A Dispute on this Head occasioned great Confusion in Holland.
"Q. The power of laying Embargos?" J.D.]
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those Colonies, which by Charter or Proclamation, or under any Pretence, are said to extend to the South Sea, and ascertaining those Bounds of any other Colony that appear to be indeterminate--Assigning Territories for new Colonies, either in Lands to be thus separated from Colonies and heretofore purchased or obtained by the Crown of Great-Britain from the Indians, or hereafter to be purchased or obtained from them--Disposing of all such Lands for the general Benefit of all the United Colonies--Ascertaining Boundaries to such new Colonies, within which Forms of Government are to be established on the Principles of Liberty1
--Establishing and regulating Post-Offices throughout all the United Colonies, on the Lines of Communication from one Colony to another--Appointing General Officers of the Land Forces in the Service of the United States--Commissioning such other Officers of the said Forces as shall be appointed by Virtue of the tenth Article--Appointing all the Officers of the Naval Forces in the Service of the United States--Making Rules for the Government and Regulation of the said Land and Naval Forces, and directing the Marches, Cruises and operations of such land and naval--Appointing a Council of State, and such Committees and civil Officers as may be necessary for managing the general Affairs of the United States, under their Direction while assembled, and in their Recess, of the Council of State--Appointing one of their number to preside, and a suitable Person for Secretary--And adjourning to any Time within the Year.[Note 1: 1 "These clauses [from Limiting the Bound s, &c.] are submitted to Congress."J. D.]
The United States assembled shall have Authority for the Defence and Welfare of the United Colonies and every of them, to agree upon and fix the necessary Sums and Expences--To emit Bills, or to borrow Money on the Credit of the United Colonies--To raise Naval Forces--To agree upon the Number of Land Forces to be raised, and to make Requisitions from the Legislature of each Colony, or the Persons therein authorized by the Legislature to execute such Requisitions, for the Quota of each Colonywho are not slaves, which is to be in Proportion to the Number of white Inhabitants in that Colony who are not slaves, which Requisitions shall be binding, and thereupon the Legislature of each Colony or the Persons authorized as aforesaid, shall appoint the Regimental Officers,and raise the Men, and arm and equip them in a soldier-like Manner; and the Officers and Men so armed and equipped, shall march to the Place appointed, and within the Time agreed on by the United States assembled.
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But if the United States assembled shall on Consideration of Circumstances judge proper, that any Colony or Colonies should not raise Men, or should raise a smaller Number than the Quota or Quotas of such Colony or Colonies, and that any other Colony or Colonies should raise a greater number of men than the Quota or Quotas thereof, such extra-numbers shall be raised, officered, armed and equipped in the same Manner as the Quota or Quotas of such Colony or Colonies, unless the Legislature of such Colony or Colonies respectively, shall judge, that such extra-numbers cannot be safely spared out of the same, in which Case they shall raise, officer, arm and equip as many of such extra-numbers as they judge can be safely spared; and the Officers and Men so armed and equip[p]ed shall march to the Place appointed, and within the Time agreed on by the United States assembled.
To establish the same Weights and Measures throughout the United Colonies.
But the United States assembled shall never impose or levy any Taxes or Duties, except in managing the Post-Office, nor interfere in the internal Police of any Colony, any further than such Police may be affected by the Articles of this Confederation. The United States assembled shall never engage the United Colonies in a War, nor grant Letters of Marque and Reprisal in Time of Peace, nor enter into Treaties or Alliances, nor coin Money nor regulate the Value thereof, nor agree upon nor fix the Sums and Expences necessary for the Defence and Welfare of the United Colonies, or any of them, nor emit Bills, nor borrow Money on the Credit of the United Colonies, nor raise Naval Forces, nor agree upon the Number of Land Forces to be raised, unless the Delegates of nine Colonies freely assent to the same:1
Nor shall a Question on any other Point, except for adjourning, be determined, unless the Delegates of seven Colonies vote in the affirmative.[Note 1: 1 "Q. If so large a Majority is necessary in concluding a Treaty of Peace?"J. D.]
No Person shall be capable of being a Delegate for more than three Years in any Term of six Years.
No Person holding any Office under the United States, for which he, or another for his Benefit, receives any Salary, Fees, or Emolument of any Kind, shall be capable of being a Delegate.
The Assembly of the United States to publish the Journal of their Proceedings monthly, except such Parts thereof relating to Treaties, Alliances, or military Operations, as in their Judgment require Secrecy--The Yeas and Nays of the Delegates of each Colony on any Question to be entered on the Journal, where it is desired by any Delegate; and the Delegates of a Colony, or any of them, at his or
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their Requests to be furnished with a Transcript of the said Journal, except such Parts as are above excepted, to lay before the Legislatures of the several Colonies.1
[Note 1: 1 "Q. Whether the proceedings of the Assembly of the States should not be published weekly, except such Matters as relate to Alliances, military Operations, &c, which require Secrecy? If this is not proper, yet, should not every Delegate have a Right to enter his Protest, and assign his Reasons, and even publish them, if he thinks fit?"J. D.]
[Note 2: 2 "Q. The Oath of a Councillor?"J. D.]
The Business and Duty of This Council shall have Power to receive and open all Letters directed to the United States, and to return proper Answers; but not to make any Engagements that shall be binding on the United States--To correspond with the Legislature of each Colony, and all Persons acting under the Authority of the United States, or of the said Legislatures--To apply to such Legislatures, or to the Officers in the several Colonies who are entrusted with the executive Powers of Government, for occasional Aid whenever and wherever necessary--To give Counsel to the Commanding Officers, and to direct military Operations by Sea and Land, not changing any Objects or Expeditions determined on by the United States assembled, unless an Alteration of Circumstances which shall come to the Knowledge of the Council after the Recess of the States, shall make such Change absolutely necessary--To attend to the Defence and Preservation of Forts and strong Posts, and to prevent the Enemy from acquiring new Holds--To procure Intelligence of the Condition and Designs of the Enemy--To expedite the Execution of such Measures as may be resolved on by the United States assembled, in Pursuance of the Powers hereby given to them--To draw upon the Treasurers for such Sums as may be appropriated by the United States assembled, and for the Payment of such Contracts as the said Council may make in Pursuance of the Powers hereby given to them--To superintend and controul or suspend all Officers civil and military, acting under the Authority of the United States--In Case of the Death or Removal of any Officer within the Appointment of the United States assembled, to employ a Person to fulfill the Duties of such Office until the Assembly of the States meet--To publish and disperse authentic Accounts of military Operations--To summon an Assembly
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of the States at an earlier Day than that appointed for their next Meeting, if any great and unexpected Emergency should render it necessary for the Safety or Welfare of the United Colonies or any of them--To prepare Matters for the Consideration of the United States, and to lay before them at their next Meeting all Letters and Advices received by the Council, with a Report of their Proceedings--To appoint a proper Person for their Clerk, who shall take an Oath of Secrecy and Fidelity, before he enters on the Exercise of his Office--Seven Members shall have Power to act--In Case of the Death of any Member, the Council shall immediately apply to his surviving Colleagues to appoint some one of themselves to be a Member thereof till the Meeting of the States, and if only one survives, they shall give him1
immediate Notice, that he may take his Seat as a Councilor till such Meeting.2[Note 1: 1 This word omitted in the printed version.]
[Note 2: 2 "Q. If the Secretary of the Congress should not be Secretary to the Council of States to prevent unnecessary Expence and the Discovery of Secrets--It would also promote the Despatch of Business."J. D.]
These Articles shall be proposed to the Legislatures of all the United Colonies, to be by them considered, and if approved by them, they are advised to authorize their Delegates to ratify the same in the Assembly of the United States, which being done, the Articles of this Confederation shall inviolably be observed by every Colony, and the Union is to be perpetual: Nor shall any Alteration be at any Time hereafter made in these Articles or any of them, unless such Alteration be agreed to in an Assembly of the United States, and be afterwards confirmed by the Legislatures of every Colony.3
[Note 3: 3 "Q. If there should not be a solemn Oath taken by every Colony, or its Delegates, authorized for that Purpose, by the respective Legislatures, to observe and abide by all and similar the Articles of this Confederation?"J. D.
The following paper is in the Franklin Manuscripts in the Library of Congress. Although the document itself is not in the writing of Franklin, there is a slip of paper on which he wrote:
"This Paper was drawn up by B. Franklin in 1776, he being then President of the Convention of Pennsylvania; but he was dissuaded from endeavouring to carry it through, from some prudential Considerations respecting the necessary Union at that time of all the States in Confederation"
The paper must have been prepared in the interval between July 12 and August 20, the dates of the submission to Congress of the first form of the Confederation and of the rising of the Pennsylvania Convention.
"We the Representatives of the State of Pennsylvania in full Convention met, having duly Considered the plan of Confederation formed in Congress, and submitted to the several States, for their Assent or Dissent, do hereby declare the Dissent of this State to the same for the following reasons vizt."But as the smaller Colonies, may object, that if the larger are allowed a Number of Votes in proportion to their Importance, the smaller will then be equally in danger of being overpowered and governed by them, We not having the least desire of any Influence or Power that is unjust or unequal or disproportioned to the Burthens we are to bear, do hereby offer our Consent to the said 17th Article as it now stands, provided the Quotas to be contributed by the larger Provinces, shall be reduced to an equallity with the smallest--in which Case all by Contributing equally will have a right to equal Votes. Not that we mean thereby to avoid granting additional Aids, when the Exigenee of our common Interests shall appear to us to make them proper and Necessary, but leaving to the Congress, with regard to such additional Aids, the right of making Requisitions as enjoy'd by our late Kings, we would reserve to ourselves the right of Judging of the Propriety of these Requisitions, or of Refusing or Complying with them in part, or in the whole, as to us shall seem best, and of modifying our Grants with such Conditions as we shall Judge Necessary, in like Manner as our Assemblies might formerly do with regard to Requisitions from the Crown. For it appears to us Just and reasonable, that we should retain the Disposition of what Strength we have, above the equal Proportion, contributed as aforesaid by our State to the Common Service; with every power necessary to apply the same, as Occasions may arise, for our particular Security; This we mean to do from this time forward, unless we are allowed Votes in Congress, proportioned to the Importance of our State, as was originally intended.
- 1st Because the foundation of every Confederation intended to be lasting, ought to be laid in Justice and Equity, no unfair Advantage being given to, or taken by, any of the Contracting parties.
- "2d Because it is, in the Nature of things, just and equal, that the respective States of the Confederacy should be represented in Congress, and have Votes there in proportion to their Importance, arising from their Numbers of People, and the Share and degree of Strength they afford to the United Body. And therefore the xviith Article (1 Note) which gives one Vote to the smallest State and no more to the largest when the difference between them may be as 10 to 1, or greater, is unjust, and injurious to the larger States, since all of them are by other Articles obliged to Contribute in proportion to their respective abilities.
"Note 1. This since forms Part of the 5th Article of the Confederation as agreed to by all the States, except Maryland,--on the 9th July 1778:--and finally ratified by the whole Union, on the 1st March 1781.--(the State of Maryland acceding thereto)"William Temple Franklin, on original manuscript. From the Franklin Manuscripts in the Library of Congress, folio 293.
- "3d Because the Practice hitherto in Congress, of allowing only one Vote to each Colony, was originally taken up under a Conviction of its Impropriety and Injustice, was intended to be in some future time Corrected, and was then and since submitted to only as a Temporary Expedient, to be used in ordinary Business, until the means of rectifying the same could be obtained; This clearly appears by the Resolve of Congress dated Sept 6, 1774 being the day of its meeting which Resolve is in these Words: "That in determining Questions in this Congress, each Colony or Province shall have one Vote, the Congress not being possessed of, or at present able to procure proper Materials, for Ascertaining the Importance of each Colony." That Importance has since been supposed to be best found in the Numbers of the People, for the Congress not only by their Resolution when the Issuing of bills was agreed to, but by this present Confederation, have judged that the Contribution towards sluicing those Bills and to the common Expence should be in proportion to such Numbers when they could be taken, which has not yet been done; And tho the larger Colonies submitted to this temporary Inequality of Representation, expecting it would much sooner have been rectifyed, it never was understood that by the resolution above cited a power was given to the smaller States to fix that Inequality upon them forever, as those small States have now attempted to do by Combining to vote for this 17th Article, and thereby to deprive the larger States of their just right, acknowledged in the same resolution. And the smaller States having given us in Advance, this Striking Instance of the Injustice they are capable of, and of the possible Effects of their Combination, is of itself a sufficient reason for our determining not to put ourselves in their power by agreeing to this Article, as it stands connectedwith those concerning the Quota's of each State, since being a Majority of States in Congress, they may by the same Means at any time deprive the larger States of any Share in the Disposition of our Strength and Wealth, and the Management of our Common Interests.
Signed by Order of the Convention"
William Temple Franklin has added the following note:
"Tho' this Protest was not acted upon for the Reasons previously assigned by Dr Franklin, it serves however to shew his Opinion, and arguments in support of a very important question of American Legislation, and is an additional feature of his political Mind."]
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Resolved, That eighty copies, and no more, of the confederation, as brought in by the committee, be immediately printed, and deposited with the secretary, who shall deliver one copy to each member:
That a committee ofbe appointed to superintend the press, who shall take care that the foregoing resolution [unfinished]
That the printer be under oath to deliver all the copies, which he shall print, together with the copy sheet, to the secretary, and not to disclose either directly or indirectly, the contents of the said confederation:
That no member furnish any person with his copy, or take any steps by which the said confederation may be
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re-printed, and that the secretary be under the like injunction.
The committee appointed to take into consideration the memorial of the director general of the American hospital, brought in their report, which was read:
Ordered, To lie on the table.
Resolved, That Mr. [Francis] Hopkinson be added to the Marine Committee:
Resolved, That the secretary be empowered to employ an assistant clerk.
The committee on the treasury, to whom the account of Dr. Benjamin Franklin, one of the commissioners to Canada, was referred, reported, that there is due to said
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Dr. Franklin, the sum of £457 19=1,221 18/90 dollars; of which
560 dollars be charged to General Arnold:
124 do. advanced to Charles Carroll, of Carrollton, Esqr.
164 do. and 78/90ths, paid for bedding, &c. for the use of the commissioners, and which now remains deposited with the commissary of stores in Albany, and the remainder
372 dollars and 30/90ths, expended by Messrs. Franklin and J. Carroll, in their journey to, and from, and in, Canada:
Ordered, That the said account be paid.
Adjourned to 9 o'Clock on Monday next.1
[Note 1: 1 A petition from Francis Mentges, was read this day, and "ordered to lie." It was later referred to the delegates of Pennsylvania and Maryland. The petition is in thePapers of the Continental Congress, No. 42, V, folio 5.]
The Congress being called together on
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