the trust. To say such things ought not to be sup- quotas were specified, I may say even in a more posed, is to say but little: Every page in history-positive manner: Yet the emperor and Holland the known disposition of the human heart inform were yearly more and more deficient. The war us, that nothing is more likely to happen. I am was of necessity to proceed; and as the other allies therefore clearly against the clause--all officers failed in their quotas, so England was obliged to excepting regimental officers. And indeed I am of encrease her exertions; and to such a degree was opinion, that of as many brigades as the quota of the one and the other, that at length England almost any state may consist, so many brigadiers general entirely supported the war, while the emperor had should that state nominate; the eldest of whom but little more than a single regiment at his own should command the whole, while in the state, expense, that could be said properly to act against and not therein actually assisted by the major part the common enemy. Mankind are not more honest of another quota, commanded by a superior officer. in their principles, or faithful to their engagements Let congress appoint a generalissimo and major than they then were, nor will they be so. Honor, generals--these are proper to command two or duty and our most essential interests, have loudly more quotas when in conjunction: And the states and in vain called upon the Americans, to complete being divided into departments, a proper number their quotas. They are as strongly bound by the of major generals may command in them. principles upon which the quota clause is formed, In a confederacy of states, for the purpose of as they can possibly be, if that clause without aid, general security by arms, I cannot but conceive, become a part of the confederation. Shall we shut our eyes, and absolutely trust our liberties and safety to a clause, that as it stands, we experimentally know will fail us in the hour of necessity? While I retain my proper senses, I cannot. that there ought of prudence and necessity, to be a clause, at least obliging the parties to furnish their respective quotas, beyond the possibility of a neglect or evasion with impunity. But, I see no such clause in the confederation before us-the Nor are these my only objections against that main pillar of security therefore is not in it. It is clause in its present state: There is a degree of true, there is a long clause respecting quotas: But, injustice in its tendency. I do not mean that it it is only directory. And how many such laws are was designed. By there not being any thing comthere, which are regarded as nugatory, merely for pelling in it, it has a tendency to expose an unequal the want of a penal clause? Have we not had suf-proportion of the strength of some states, to the ficient experience, of the inefficacy of that clause hazards of war in defence of the confederation. relating to quotas? Before it was inserted in the And the first principles of justice direct, that this plan of confederation, did not congress act upon danger should be provided against, as far as may the very principles contained in it? The present he. We well know, that man is so selfish and unquotas of the respective states, were arranged up-generous a being, that he will, when he can, throw on a computation of their respective abilities. The his load upon the shoulder of his neighbor. Men numbers were sufficient, with the favor of Heaven, form states--these act upon the same principle; nay abundantly sufficient almost without effusion and accordingly we find, that the emperor and of blood, to captivate all the British forces in Ame-Holland unjustly placed a load upon England, that rica. But, when they ought to have crushed the almost crushed her. It is against such an evasion ungenerous foe, they were not even raised in the of duty, and such a forced assumption of burden, most populous states. These principles, even in that I wish to provide-and they ought to be the hour of the most pressing necessity, have been guarded against by every possible means. Let it neglected with impunity, at our hands, to the not be said, the confederated treasury is to pay imminent hazard of the liberties of America. Are the whole expense incurred-that is not the point: we not to be instructed, even by a bloody experi-But if it was, is there the least security that there ence? Shall we not receive light, even from the shall be money in that treasury?-My aim is to conflagrations spread over our land? O! why has protect the states from a more fatal injury-to our beneficent Creator endowed us with recollec-preserve them from the necessity of sacrificing, an tion!-Mr. Chairman, pardon me, I am hurt-unreasonable proportion of the flower of their peopierced to the quick, at an onission of the most ple. An ardour for the public weal, may involve fatal nature. It is a symptom filling me with tortur-generous states, in the utmost distress; and throw ing apprehensions. them a century or two behind those ungenerous Upon such principles was the allied army to be ones they saved. Nor can the confederation make formed, under the great duke of Marlborough. The them amends for that loss, which, of all that can happen, is the greatest. Valerius Maximus said, severity is the sure preserver and avenger of li berty. States is clearly defined beyond a doubt. Nor can I think of entering into any engagements, which are not as equal as may be, between the states-engage understood according to the letter only. Without these five leading principles, a confederation is not a desirable object in my opinion. Thus, Mr. Chairman, have I complied with the first division of my subject--to perform the second is a much more arduous task: But before I proceed, I must crave the kind indulgence of your honor, and the house: I fear I have too long intruded upon your attention. Sir, when I consider, the extent of territoryments of a compelling nature, and the whole to be possessed by the thirteen states-the value of that territory; and that the three most southern, must daily and rapidly encrease in population, riches and importance. When I reflect, that from the nature of the climate, soil and produce of the several states, a northern and southern interest in many particulars naturally and unavoidably arise; I cannot but be displeased with the prospect, that the most important transactions in congress, may be done contrary to the united opposition of VirIt is with the greatest diffidence, sir, that I preginia, the two Carolinas and Georgia: possessing more than one half of the whole ter-sume to throw out my ideas of such terms as in ritory of the confederacy; and forming, as I may my opinion are desirable, attainable and likely to say, the body of the southern interest. If things form a beneficial confederation. In doing this, I of such transcendant weight, may be done not-flatter myself, it will not be understood, that I am withstanding such an opposition; the honor, interest so weak as to think them unexceptionable. Indeed and sovereignty of the south, are in effect delivered I declare, the sketch I shall draw, will not be such up to the care of the north. Do we intend to make an one, as I would prefer, and think the most persuch a surrender? I hope not, there is no occasion fect. From the complexion of the present plan, for it. Nor would I have it understood, that I fear the north would abuse the confidence of the south: But common prudence, sir, admonishes me, that confidence should not wantonly be placed any where it is but the other day, that we thought our liberties secure in the care of Britain. I am assisting to form the confederation of the United and the labor and time spent upon it, I fear, that which I would wish, cannot be attained: And hence, I mean to conform my ideas to the scheme laid down by congress; with design respectfully and zealously to endeavor to render as little liable to objection as I can, the scheme likely to take effect. I shall therefore sketch the plan of a confederation in the following order. The appellation of the country in which the confederacy is formed -a confederated union, and its objects declaredthe stile of the confederacy-the constitution of its legislative and executive-the powers of each described and limited, and their respective duties pointed out-the public faith plighted for past engagements of congress---the engagements of the several states to each other, and declaration of their rights.--a declaration of the capability of admission into the confederacy--the penalty of violating the articles of confederation---the obligatory nature of the confederation; and in what manner only it is capable of alteration-the rule by which the confederation shall be understood. AMERICA. THE CONFEDERATION OF THE UNITED STATES. A confederated union, and its objects declared. Art. 1. A confederation between the independFor the present, I here, Sir, limit my particular objection to the plan under consideration: I have ent, free and sovereign states of New Hampshire, made these with the highest reluctance. In a word, Massachusetts Bay, Rhode Island and Providence I cannot admit of any confederation, that gives con- Plantations, Connecticut, New-York, New Jersey, gress any power, that can with propriety, be exer- Pennsylvania, Delaware, Maryland, Virginia, North cised by the several states—or any power, but what Carolina, South Carolina and Georgia, is hereby solemnly made, uniting them together under one The style of the confederacy declared. The powers of the congrèss and the committee of the United States of America described and limited, and their respective duties pointed out. Art. 4 The congress shall have power to ap. point one of their number to preside in it-to make rules for regulating their proceedings-to declare what shall be deemed treason against the United States of America, and in what manner such treason shall be punished-the congress shall have the sole power of declaring war and peace-sending ambassadors to, and receiving them from, foreign princes and states-entering into and concluding treaties and alliances with foreign powers-ascertaining the military land quota of each state, in proportion to the number of white inhabitants therein respectively-building, purchasing and quipping a naval force, in the service of the Unit ed States of America-rating and causing taxes to be levied, throughout the United States, for the service of the confederacy-appointing a generalissimo and commander in chief of the land forces, major generals, principal staff officers, and a war-office, styled The war-office of Americanominating an admiralissimo and commander in The legislative and executive constituted. Art. 3. The legislative for the confederacy shall be in a congress composed of delegates from each of the United Sttes-the congress shall be styled, The congress of America, and one of the delegates sball, by the others, be elected to preside in it. The delegates shall be annually nominated by their respective legislatures, to meet in the congress of America, on the fifteenth day of March in every year. Each state shall be represented in congress, by not less than three, nor more than seven dele. gates; and shall have one vote in congress, where all questions shall be determined by a majority of votes, except such as shall be hereinafter chief of the naval forces, ali subordinate officers in mentioned. Any state neglecting to have a re the naval force in the service of the United States, presentation in congress, shall nevertheless be and an adiniralty-office, styled The admiraltybound by the act of congress, as if its representa- office of America-establishing a treasury office, tion was present. Each state shall maintain its styled The treasury office of America-supplying own delegates. No delegate shall be a member and filling up all vacancies in the said military and of congress for more than three years, in any term naval establishmen's; and in the said war, admiralty of six years. Nor shall any member of congress and treasury offices-making rules for the govern. be capable of holding any office under the United ment of the said military quotas, naval force, war, States of America, for which he, or any other for admiralty and treasury offices-directing, orderhis benefit, receives any salary or emolument of ing and commanding the said military quotes, naval any kind; for his acceptance of any such office force, generalissimo, major generals, principal staff shall vacate his seat in congress; nor shall he be ficers, admiralissimo, subordinate officers, war, re elected as a member while he holds such office. n.val and treasury offices, in all their operations Freedom of debate and speech shall be allowed and proceedings-emitting and borrowing money in congress, nor shall any thing done in congress upon the credit of the United States, from time to be impeached or questioned out of it. The dele-time, not exceeding the sum ascertained as neces gates shall be protected in their persons from sary to be raised for the service of the confederacy; arrests and imprisonments, except for treason, transmitting to the several states, half yearly, an felony or breach of the peace. The executive for account of the sums of money so emitted and the confederacy shall be in the congress, and dur borrowed-applying the said sums of money ascering its recess in a committee of their body, which tained to be raised, and allowed to be emitted and shall be styled, The committee of the United States borrowed, for defraying the public expense-col. of America. This committee shall consist of one lecting military stores and provisions, and issuing delegate from each state, the president of the con- them for the service of the United States-grantgress being one, and he shall preside in i—all quesing letters of marque and reprisal-declaring what tions therein shall be determined by a majority of captures on land and on water shall be legal; and votes, and their acts shall be binding upon the Unit in what manner such captures, by the land and ed States, notwithstanding the absence of any mem-naval forces in the service of the United State, Ishall be divided and appropriated-appointing ber of it. courts in the several United States for trial of beginning, until the number shall be reduced to piracies committed on the high seas, and for decid-thirteen; and from that number not less than seven, ing finally appeals in all cases of capture, arising nor more than nine, as congress shall direct, shall, in such states respectively-appointing all such in presence of the congress, and the said lawful civil officers as may be necessary for transacting agents, be drawn out by lot, by the secretary of and managing the general affairs of the United the congress, and the persons whose names shall States; ascertaining their duties, and, except be so drawn, or any five of them, shall be judges judicial officers, directing their proceedings-to hear and finally determine the controversy in regulating the alloy and value of coin struck by the manner, and the proceedings thereupon shall their authority-establishing and regulating post be the same as specified relative to the court offices throughout the United States; exacting chosen by the said lawful agents: And if either such postage as may be necessary to defray the party shall neglect to attend at the day appointed, expense of the said offices, or any part thereof or being present, shall refuse to strike, the conregulating the affairs and trade of the Indians, not gress shall proceed to nominate three persons of members of any state--being the dernier resort, on the representation of each of the United States, in appeal in all cases of dispute, between any two or manner already specified and provided, and the more of the United States, and this power shall secretary of the congress shall strike in behalf of be exercised in the following manner, that is to such party absent or refusing-the judges shall be gay-whenever the legislative or executive au- drawn-their powers and duties shall be the same, thority, or lawful agent, thereunto legally required, as shall be the proceedings of congress, as are of any state in controversy with another or others, specified relative to the court formed by the joint shall present a petition to the congress, stating the choice of the lawful agents. And in any court so matter in question, and praying for a hearing, provisional by directed to be constituted, if either of notice thereof shall, within ten days, be given, by the parties shall refuse to submit to the authority order of congress, to the legislative or executive of the court, or shall not appear therein to support authority of the other state or states in controversy, or defend their cause, the court shall, notwithassigning a day, not sooner than six months, nor standing, proceed to hear and to pronounce its later than nine months, to the parties to appear decree, which shall be attended with the same before them, by their lawful agents: who shall effects, as are above specified, relative to the court in their presence, on the day assigned, be by them chosen by joint consent. Every judge, before he directed to appoint, by joint consent, within ten sits in judgment in any such case, shall take an days thereafter, seven judges to constitute a court oath, to be administered by any one of the judges for hearing and finally determining the matter in of the supreme or superior court of the state, in question, according to the law of nations: who which the cause shall be tried, "well and truly to shall sit, if it be necessary, from day to day, not hear and determine the present matter in question exceeding ten days, Sunday excepted, and give between and according to their final decree by a majority of voices, with the the best of his judgment, without favor, affection, reasons at large upon which they found it; which fee or hope of reward:" the blanks being supplied decree and reasons shall be by them returned to with the description of the parties. And all conthe congress, and by them be deposited among troversies concerning the private right of soil, their acts, for the security of the parties concerned; claimed under the different grants, of two or more the congress causing the decree to be peremptorily of the United States, whose jurisdictions, as they executed without loss of time. But, if the said may respect such soil, and the states which passed lawful agents shall not, within the said ten days, such grants, the grants or either of them being at agree in a nomination of the seven judges, con- the same time claimed to have originated antecedent gress shall, within three days, name three delegates to such settlement of jurisdiction, shall be proceed. of the representation of each of the United States, ed in, as nearly as may be, agreeable to the trial (provided the president of the congress shall not specified to be had in controversies between any be one, and that if such a nomination of three dele- two or more of the United States. The congress gates cannot otherwise be made, that congress shall further have the power of adjourning to any shall have power, of their body, to elect a person time, not exceeding six months, and to any place to represent the state in his room) and from the within the United States of America-appointing list of such persons, each party in controversy the committee of the United States of America-shall alternately strike cut one, the petitioners vesting them with such of their powers according to their authority and discretion; examining into in this union-the free white inhabitants of each their journals and proceedings. But the congress of these states, (those who refuse to take up arms shall not declare what shall be treason against the in defence of the confederacy, paupers, vagabonds United States, nor the punishment of it, but by and fugitives from justice excepted) shall be the voice of each of the United States in congress entitled to all privileges and immunities of free -nor shall the congress engage in war-nor enter citizens in the several states, according to the into or conclude any treaty or alliance--nor ascer-laws of such state respectively, for the governtain the military land quota of the states-nor ment of their own free white inhabitants-having build, purchase or equip a naval force-nor rate uninterupted ingress and regress, together with or cause a general tax to be levied-nor appoint their property, to and from any other of the United a generalissimo-nor nominate an admiralissimo-States; subject nevertheless to the duties, imposi nor emit or borrow money-nor grant letters of tions and restrictions, as the inhabitants thereof marque and reprisal in time of peace, except by respectively; provided, that such restrictions shall the consent of eleven votes in the congress-nor not extend to defeat the articles of this confederashall the congress vest any of these powers in the tion, or any part thereof: Provided also, that no committee of the United States-nor shall any per-duty, imposition or restriction shall be laid by any son officiate as president of the congress, longer state, on the property of the United States, or of than one year in any term of three years-nor shall the government, in either of them, except in cases the congress exercise any power, but what is here of embargo. by expressly delegated to them. The congress, If any person charged with, or guilty of treason, and the committee of the United States, shall felony or other high misdemeanor in any of the respectively publish the journal of their proceed respective states, shall flee from justice, and be ings monthly, except such parts thereof relating found in any of the states, upon the demand of the to treaties, alliances and military operations, as executive power in the state from which he fled, they respectively shall think require secrecy; and he shall be delivered up, and removed to the state the yeas and nays of the several delegates in the con- having jurisdiction of the offence, that state degress, and in the committee of the United States, fraying the expense of the removal. And full shall be entered on their respective journals, when faith and credit shall be given throughout the desired by any delegate present, who, at bis re United States to the acts, records and judicial proquest, shall be furnished with a transcript of the ceedings of the courts and magistrates in each. said journals respectively, except such parts as No state shall lay or allow to continue any are above excepted, to lay before the legislature prohibition, impost or duty, which may interfere of the several states. The committee of the Unit-with any treaty, which shall be made by the coned States shall at all times lay their journals and gress with any foreign power-no state shall proceedings before the congress, when by them required. And with the powers herein delegated to the congress, and that may by them be delegated to the committee of the United States of America, they and each of them shall endeavor, that the con federacy receive no detriment. engage in any war, without the consent of the congress, unless such state be actually invaded by an enemy; or shall have received certain. intelligence of such hostile design, formed by some nation of Indians, and the danger is so imminent as not to admit of a delay-no state shall grant letters of The public faith pledged for past engagements of con-marque and reprisal, but after a declaration of war gress. by the congress; and then only against the power Art. 5. All bills of credit emitted, monies bor- against whom the war has been so declared, except rowed, and debts contracted by the congress of such state be infested by piracies, in which case the United States, or under their authority, before vessels of war may be fitted out by that state for this confederation, shall be deemed and considered the occasion only-no state shall enter into any as a charge against the United States of America; conference, agreement, treaty or alliance with any for full payment and satisfaction whereof, the said king, prince or foreign states-nor shall any person, United States and the public faith are hereby holding any office under the United States, or un. solemnly pledged. der any of them, accept of any present, emolument, The engagements of the several states to each other, office or title, from any king or foreign state, with. and declaration of their rights. out being thereby absolutely rendered forever Art. 6. There shall be a mutual friendship and incapable of any public trust, under the United intercourse among the people of the several states! States, or any of them-nor shall any of these states |