« ПредишнаНапред »
grani d'iy title of nobility: Bul precedence and shall then appoint persons to number its whole rank shall be thus established: The president of inhabitants, according to the mode stated to ascer. the congress of America-the supreme civil officer ain the nnmber of white inbabitants in each state, of a state while in it--the generalissimo and such persons being also caused to specify the numadir.iralissimo, and they according to seniority-ber of white, mustizo, mulatto and negro inhabitants the regular forces by land and sea, in the service respectively—such a numeration being duly return. of the United States--the regular forces by landed, the legislature in each state shall levy the sum and sea, in the service of a particular state, ranking of money to arise therefrom, in such mode as they with such forces in the service of any other state shall deem expedient; and a true copy of the said -the militia of a state, ranking with the militia of return shall, without loss of time, be sent to conany other-officers of equal degree, shall comm:nd gress--the several states shall duly pay their according to the rank hereby laid down for their pecuniary quotas into the treasury office of Amerespective corps; and officers of the same corps, frica, by the time mentioned by the congress for such being of equal degree, shall command by seniority payment, unless to the contrary directed for the of commission,
good of the public service; in which case, such state The military land quota of each of the United so directed shall, within twelve months, duly ac, States shall be in proportion to the number of
count with the said treasury-office for the pecuniary white inhabitanıs in each--the legislature in the quota, or part thereof so directed to be retained several states sball, from time to time, cause alll -- each state shall, within five years, establish a the white inhabitants therein, to be numbered as
foundation for a naval seminary, making suitable nearly as may be the persons appointed to num
provision for the constant maintenance, education ber them, shall be sworn to make the most diligent
and fitting for sea, five youths for every thousand and accurate enquiry that they can, and to return
white inhabitants within such state: Every sucli to the executive power in the state, the true num
youth shall be admitted upon such establishment, ber they shall so firid--they shall be paid for their at ten years of age: At the age of fourteen, be shall trouble, and punished for their neglect, if any
be bound an apprentice in the sea service for seven there shall be-the executive authority in each years, completely furnished with necessary clothes slate, having received such a return, shall without and bedding: At the expiration of that term, he loss of time send it, or an exact copy of it, to the shall be liable for a term of seven years, in time of congresssuch a return to the congress shall be war, to do duty, or to find a seaman to do duty in made before the first day of January next, and in bis room, on board the naval force in the service every seventh year thereafter-the several staies
of the United States, or in that of the state in shall, in due time, embody the several military
which he was so educated: And he or his sub. quotas required by the congress, and shall raise, stitute, as the case may be, shall for such service clothe, arm and maintain them, at the general ex
be free from every tax; and losing the use of a limb pense, rated by the congress--the several states
in the public service, shall be maintained ever after shall appoint all the regimental and deputy staff at the expense of the United States, or of that officers incidental to their quotas; and into as many
state in whose particular service he was so maimed, brig des as the congress shall brigade their respec.
Each state sball make suitable laws for rendering live quotas, so many brigadier.generals, shall such this naval establishment a public benefit-all ge. respective slate nominate, the whole 10 be com.
hieral officers, fag officers and commodores, shall missioned by the congress--all vacancies in a quota
be created by election only, nor shall the princishall be supplied by its state-the executive power ple of senjority give any title to such promotionin each state', excepl that in which the congress be no state shall exercise any power hereby delegated sitting, shull, under the authority and controul of to the congress: But it is declared, the several the congress, direct the land forces, ships and ves states do possess and enjoy all those natural rights sels of war, and all officers incidental thereto, in and powers of sovereignty, not by this act delegat. the service of the United Staies, within such state ed: And it is also declared, that whenever the con. -the proportionate pecuniary quotas of the several gress shall cease to observe these articles of consateş shall be regulated in proportion to the num. federation, the several states shall be at liberty 10 ber of indiabitants in each state respectively declare themselves absolved from all obedience to whenever such pecuni:cry quotas for the service of that government.* the United States shall be required by congress,
*For. whenever a question arises betwcen the society at large and
any magistrale vested with powers originally delegated by that so They shall state the capilation rate--each stale ciers, it unust be decided by the voice of that society itselt there is
not upon earth any other tribunal to resort to.-> Blackstone, 212,
A declaration of the capabilty of admission into the by the parties interested therein: Nor shall any confederacy.
alteration be made in them, or any of them, unless Art. 7. Can da, acceding to this confederation, such alteration shall be agreed to in the congress, and joining in the measures of the United States, and allowed by the legislature of every state in shall be admitted into, and entitled to all the ad. the confederacy. vantages of this union; and shall be equally, with The rules by which the confederation shall be under. any other of the United States, solemnly bound to
stood. a strict observance of and obedience to these arti
Art. 10. To avoid, as far as may be, the dangers cles; as shall be also, any other colony whicb shall that may arise from an erroneous construction of be admitted into this confederacy. The eleven the articles of this confederation, and to prevent a votes in congress shall be increased in proportion contrariety of opinion upon them, they shall be unas the confederacy is ex ended: But, except Ca. derstood according to the expression and not othernada, no other colony shall be admitted into the wise. And all acts of the congress and of the com. 'confederacy without the assent of eleven or more mittee of the United States, shall be taken only in votes, as the case may require, by tbe confederation the same manner. being extended. The penalty of violating the articles of confederation we, the delegates for the states of New Hampshire,
In solemn confirmation and testimony whereof, Art. 8. For the better assurance of the benefits ex
Massachusetts-Bay, Rhode Island and Providence pected from this confederation, voluntarily entered
Plantations, Connecticut, New York, New Jersey, into by the several states; to guard, as far as may Pennsylvania, Delaware, Maryland, Virginia, North be, against the negligence and weakness of men; and to stimulate the several states to a due, regular of the United States, being duly authorised there.
Carolina, South Carolina and Georgia, in'congress and punctual obedience to this confederation, and
unto by acts of the legislature of our respective performance of their several duties herein ex.
states, for them and on their behalf, do hereunto pressed it is declared, that if any state shall fail
sign our names and affix our seals at arms. in causing its military quota to be duly embodied;
in the state of or fail in causing its pecuniary quota or proportion
in the year of of the general tax throughout the United States
and in the year to be duly levied and paid, in either of such cases the state, so making default, shall, within twelve
of the sovereignty of America. months thereafter, pay into the treasury office of
You must have observed, Mr. Chairman, that my America, for the use of the United States, in the ideas have been collected but to one point-an first case, double the sum of money necessary to endeavor to render the plan before us as little its military quota, at the time it should have been liable to objection as I can I have not presumed embodied; in the second case, double the sum of to touch its general scheme. I wish to have the money its pecuniary quota or proportion of the ge. opening of a congress altered from November to neral tax would have amounted to, if due payment February, March or April, for the reasons I have bad been made, and which shall be estimated from assigned: I have chosen March, a month particularly its last return of inhabitants: And in default of the distinguishing the laudable exertions of this state; due payment of either of such penalties, or in case a month, remarkable for great events respecting any of the United States shall in any other respect the liberties of America; a month, including the violate any of the articles of this confederation, the date of the declension of Great Britain; a month, congress shall, within one year thereafter, declare that ever will be famous for the patriotic execu. such state under the ban of the confederacy, and tion of a Roman tyrant--but I am not obstinate in by the utmost vigor of arms shall forth with proceed this choice. I should most readily admit the against such state, until it shall have paid due famous 19th of April—the commencement of the
civil war: obedience, upon which the ban shall be taken off
Or the 4th of July, the illustrioes and the state shall be restored to the benefits of epocha of the sovereignty of America! A day that this confederacy.
ought to be held in everlasting remembrance--a A declaration of the obligatory nature of the con
day that naturally points out the time for the federation, and in what manner it is cupable of any
annual meeting of the congress of America, to alteration.
watch for the permanency of its independence. Art. 9. The articles of this confederation shall
I liave increased the least representation in conbe strictly binding upon, and inviolably observedi gress, in crder to procure a more numerous re,
presentation of the states, and to give efficacy to necessary, and perfectly equitable: Can it possibly
In addition, sir, to this concise state of my rea.
sons for some of the principal alterations I have This is a fundamental principle of natural right, sanctioned by common law and usage—The law by much at heart and wish to make; because I have
my arguments in support of others, which I have which the right between states in controversy is
not had an opportunity of introducing them with to be determined, ought to be specified; and the rule of right not left to the caprice of judges-we
propriety. I will endeavor to be as short as the cannot but remember the bigb authority which
importance of the subject will admit. says, "Misera servitus est, ubi jus est, vagum ant I have excluded those from the privileges of free incognitum The eleren votes seem absolutely white inhabitants in the several states who refuse
*Woful is that subjection where the law is un to take up arms in defence of the confederacy--certain or unknown.--4 Just. 246.
measure in my opinion perfectly just. It is said,
example is before precept. Let the Quakers take inconsistent with the great laws of nature, and with shelter under any text in scripture they please... the necessary state of human society, cannot be the best they can find, is but a far-fetched implica. inspired by the divinity. Self-defence is as neces. tion in their favor. However, had their precept sary to nations as men. 'And shall particulars have been in more positive terms, I think I bave an ex- a right which nations have not? True religion is ample at hand capable of driving them from such the perfection of reason. Fanaticism is the dis. a cover. We read that "Jesus went into the tem- grace, the destruction of reason.” Than all this ple of God, and cast out all them :bat sold and nothing can be more just, certain and evident. Can bought in the temple, and overthrew the tables of those men reasonably claim an equal participation the money changers." Here we see the arm ef the in civil rights who, under any pretence whatsoever, flesh raised up, and a degree of hostile violence will not assist in defending them? Shall there be exercised, sufficient to the end in view: And shall sa people maintained in the possession of their it be said violence is not justifiable? Did not God riches by the labor and blood of other men? Are command Moses to number "all that were able to not the quakers, some few excepted, the most go forth in war in Israel?” Did not Moses, by the inveterate enemies to the independence of AmeDivine order, send 12,000 men to cut off the rica? Have they not openly taken part with those Midianites: And, although “they slew all the in arms against us. I consider them not only as a males,” were they not reprehended for having dead weight upon our hand, but as a dangerous "saved all the women alive!” Did not the Almighty body in our bosom; I would therefore gladly be comtaand the children of Israel that, when they rid of them. I almost wish to "drive out all such bad passed into Canaan, “then they should drive inhabitants of the land from before us.” The out all the inhabitants of the land from before Canaanites knew not God. But the Quakers say them?” Did not Moses direct that, when the peo- they know him, and yet, “according to the idea of ple were "come nigh unto the battle,” the priests lord Lyttelton, would have gross folly and injustice should encourage them, declaring that the Lord to proceed from the fountain of wisdom and equity. their God was with them "to fight for them I entertain these sentiments with a conscience peragainst their enemies?” And yet the Quakers have fectly at ease on this point. If such treatment shall sagaciously found out a few words which, by im. be termed persecution, the conscientious Quakers plication, they contend* restrain from doing now, can never take it amiss, when they recollect that wbat God then commanded as just. The grand it is said, "blessed are they who are persecuted fur principles of moral rectitude are eternal. Dare the Christ's sake." I do not consider this as such a per. Quakers contend that the myriads, who have secution: But if they should, can they be displeas. drawn the sword since the christian æra are ed at being placed in a situation to be blessed? damned for having done so? And unless they main And I would lay it down as a truth, that whoever tain this position, they seem to have no reasonable of that sect should be offended at such treatment, excuse for their creed and conduct. They seem would deserve to be expelled our society, as the to have forgot that it is written, "how hardly shall buyers, sellers and money changers were cast out they that have riches enter into the kingdom of of the temple. I am not afraid of any resentment, Godin Are there any people upon the face of the when it is my duty to act in behalf of the rights and earth more diligent after riches than Quakers? We, interests of America: I trust I fully demonstrated in this time of calamity, know it to our cost. With this resolution when, on the 25th of April, 1776, I out doubt there are many valuable men of that seci: had the honor, in the supreme seat of justice, to Men of that persuasion are very good citizens in make the first public declaration in America, that time of peace; but it is their principle in time of my countrymen owed no allegiance to the king of War that I condemn. Is there a Quaker who will Great Britain. not bring bis action for trespass? Is, not this an I would have it a point settled in the confederaopposition to force? Here they forget their prin. tion, that all general officers shall be electedciple of meekness and non-resistance. The great eradicating the idea of a promotion to that rank lord Lyttleton, in his dialogues of the dead, tells by seniority. The idea is monarchical—I do not us, “it is blasphemy to say that any folly could recollect that it was admitted in the ancient and come from the fountain of wisdom. Whatever is wise republics. The great Hannibal, when very
young, commanded the Carthagenian army in Spain *Notwithstanding the precept, "he that hath sword, let him sell his garment and buy one.”
over the heads of much older officers--and the first St. Luke, xxii. 36.
Africanus thought it no diminution of bis bonor to
serve under his brother Asiaticus. These are federacy, as by being furnisbed with those merr illustrious instances of wise policy and honorable who are most capable of esecuting his designs? It moderation it is needless to give others to the was upon this principle the invincible Roman armies same point. But, at present, officers expect to rise were formed. Thai government was reputlicby seniority to a general command; and although ours is the same: I would most eagerly adopt a it is declared that a generalissimo shall be elected, principle, sanctioned as it is by the happy experiyet there is but too much reason to apprehend, as this ence of ages. Montesquieu expressly says, "the is only a positive exception to the idea of seniority, people are very capable of electing generals." of and therefore scarce sufficient to eradicate the idea right they ought to be permitted to exercise all of promotion according to seniority, that the next those powers which they are capable of exercising in rank will always expect the election, and will with propriety. be but too apt to consider himself as ill treated, if
According to the plan before us, the quotas of passed by. Men, now a days, are fond of being the respective states, which I would term the Ame. the only judges of their own importance and meril rican forces, are to be directed in their operations
- they generally overrate both. They seem to by congress.--If it is meant, as I suppose it is, that have forgot that a knowledge of one's-self is the there shall be a body of troops in a state, entirely greatest and most difficult that can be acquired; independent of the command of the civil power, ! and that it scarcely ever was obtained with any shall, with the utmost reluctance, yield my assent degree of precision. Men are not called into pub. to the proposition; which, to me, appears disholic stations for their own honor or advantage-but norable to the sovereignty of the state, dangerous merely for the public benefit. The public are there to its welfare, and inconsistent with the superiority fore the only proper judges who shall serve them of the civil power. I well remember the feelings and in what posts particular men shall be placed: of the general court of Massachusetts Bay, when And besides, they have a natural right to the ser. governor Barnard told them he had no authority vice of every man in the community. Il was, 1 to order the king's ships to quit the barbor of Bus. think, & Spartan maxim, that a man was not born ton. If he, who was but a representative, ought, for himself, but for his country: Were we but as the supreme civil officer, to have a power diactuated by this just and noble idea, we might be recting the military within his government; à for. serenely calm and perfectly safe amidst all the tiori, the several states should possess that power venal exertions of Britain-nay, of the rest of the they are sovereign states. I do not desire that world combined against us! It is upon this prin. they should absolutely direct such troops: But the ciple the aborigines of America act. They rise to executive in each state may, for this purpose, be authority and command by merit alone: And shall at least the representative of congress. If the peoAmericans extirpate a glorious plant, the natural ple are to be ruined by a blunder, it will be more product of their country? Shall the uncultivatel natural that they should be ruined by the mis ake and rude Indians, think more justly and act with of their confidential men, than by that of an officer, more dignity than we, with our improved under perhaps a stranger. We have seen a day, when standings and boasted civilization? This very ques. the salvation of this capital, under God, depended, tion alone should, I think, recal us to the praper in a manner, upon the authority of the civil power line of action, and force us to abandon notions
over the troops in garrison: I cannot but wish for a which at once disgrace our country, and expose continuance of that command which once has it to ruin. A colonel of small abilities can do but saved us; and which is, as it were, inseparable from little harm, in comparison of a weak general at the
the civil power.-I cannot bear the idea of sur. head of a division of the army, leading on the prin rendering it so totally as the congress seem to re: cipal attack, or covering a precipitate retreat.
quire. Marshal Sare, and we need no better authority,
The establishment of a basis for the American says, "he has seen very good colonels become very bad generals." Can we then expect to see bad naval force is an object of the first importance; colonels become able generals! But it is a point and it ought not 10 be omitted in the articles of admitted by congress, that election is the best confederation. Congress have endeavored to es. means of procuring an able commander in chief. tablish a land force; bui this, which is of superior And why should not tl.3 principle equally hold consequence, has been passed over almost in si. with respect to general officers? Can the gene-lence. For the first, they have provided even in ralissimo be so well enabled to defend the con. detail; but for the other, only ra five words to