by joint consent, commissioners, or judges to constitute a court, who shall hear, and determine the matter in question; but if they cannot agree, Congress shall name three persons from 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 down 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 so drawn out, 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 agree in the determination; and if either party shall neglect to attend at the day appointed, without shewing 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 pass sentence, or judgment, which shall in like manner be final and conclusive, the judgment or sentence, in either case, being 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 or affection, or hope of re

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"ward:" provided also, that no state shall be deprived of territory for the benefit of the United States.

All controversies concerning the private right of scil, claimed under different grants of two or more states, whose jurisdictions, as they may respect such lands, and the states that 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 Unit'ed States, be 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 have the sole and exclusive 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 trade, and managing all affairs with the Indians, not members of any of the states, provided that the legislative rights of any state, within its own limits, be not infringed or violated. Establishing and regulating post offices, from one state to another throughout the United States, and exacting such postages on the papers passing through them as may be requisite to defray the expences of such offices; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the governing and regulating 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 the Committee of the States, to consist of one delegate from each state, and to appoint such other committees, and civil affairs, as shall be necessary for managing the general affairs of the United States, under their direction; to appoint one of their number to

preside, provided no person be allowed to serve in the office of president for more than one year, in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expences; to borrow money, or emit bills on the credit of the United States, transmitting every half year to the several 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 clothe, arm, and equip them, in a soldier-like manner, at the expence of the United States; and the officers and men so clothed, armed and equipped, shall march to the place ap pointed, within the time agreed upon by the United States, in Congress assembled: but if the United States, in Congress assemble d, shall upon consideration of circumstances, judge proper, that any state should not raise men, or should raise a less number than its quota, and that any other state should raise a greater number than its quota, such extra number shall be raised, officered, clothed, armed, and equip ped, 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 such case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared. And the officers and men, so clothed and equipped, shall march to the place appointed, and within the time agreed on by the United States, in Congress assem

bled.

The United States, in Congress assembled, shall never engage in war, nor grant letters of marque and reprisal in

time of peace, nor enter into any treaties, or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the United States, or any of them; not emit bills of credit, 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 shall assent to the same; nor shall a question on any 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 space than six months, and shall publish the journals 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 delegation of each state, on any question, shall be entered upon the journals when it is desired by any delegate; and the delegates of a state, or either of them, at his or their request, shall be furnished with a copy of said journal, except such parts as are abově excepted, to lay before the legislatures of the several

states.

Article 10. 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 the nine states, shall see fit, from time to time, to vest them with provided that no power be delegated to the said committee, for the exercise of which, by the articles of confede

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ration, the voice of nine states in the Congress of the United States assembled, is requisite.

Article 11. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and be 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 12. All bills of credit emitted, monies borrowed, and debts contracted, by, or under the authority of Congress, before the assembling of the United States, în 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 13. Every state shall abide by the determinations of the United States, in Congress assembled, on all questions, which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration, at any time hereafter, be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterward confirmed by the legislature of every state."

This confederation was submitted to the several states for their approbation and acceptance, and when duly approved by all the states, went into operation, and became the palladium of the United States, through the revolutionary war, and down to the year 1789, when the present Federal Constitution was organized, and went into operation.

Such was the virtue of the American character, that even this rope of sand possessed powers and energies

*Twelve states ratified this confederation in December following.