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Articles of Confederation

 
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bieramar



Joined: 19 Nov 2010
Posts: 4441
Location: Taylor Ranch, NM

PostPosted: Wed Jan 11, 2012 3:01 pm    Post subject: Articles of Confederation  Reply with quote

In reading the notes and debates of the attendees at the Constitutional Congress of 1787 who wrote the U.S. Constitution, one comes away realizing that they weren't working in a vacuum, and hadn't gathered to create a governing document for a new nation.

The nation of the United States of America already existed, and had had a governing document and a U.S. Congress for six years - since March 1, 1781 - and those delegates of the States in 1787 had been authorized to meet by the federal Congress and had been instructed by the legislators in their respective States to amend the existing document, and then send the draft of amendments back to the U.S. Congress, for further action as deemed fit by it.  

As we know (see the "process" thread in this Forum) the delegates instead of simply amending, ended up with the draft of the Constitution, sent it to Congress, which in turn distributed it to the States' legislatures for ratification.

The lack of debate in 1787 on certain items which ended up in the Constitution is explained by the fact that they already existed in the Articles of Confederation and no one objected to them.

The next post is the text - which is the fundamental kicking off place for understanding the Constitution.
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bieramar



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PostPosted: Wed Jan 11, 2012 3:17 pm    Post subject: Reply with quote

I.

The Stile of this Confederacy shall be
"The United States of America".

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.

III.

The said States hereby severally enter into a firm league of friendship with each other, for their common defense, 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 pretense whatever.

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 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 offense.

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.

V.

For the most convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislatures 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 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 or imprisonments, during the time of their going to and from, and attendence on Congress, except for treason, felony, or breach of the peace.

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 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 vessel 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 defense 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 judgement of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense 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 filed 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.

VII.

When land forces are raised by any State for the common defense, 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.

VIII.

All charges of war, and all other expenses that shall be incurred for the common defense 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 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.

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 commited 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 causes 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 judgement 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 judgement, which shall in like manner be final and decisive, the judgement 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 judgement, 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 judgement, without favor, 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 jurisdictions 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 presecribed 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 standards 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 or regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through 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 members 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 solid-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 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 each State, unless the legislature of such State shall judge that such extra number cannot be safely spread out in the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judeg 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 or 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 defense 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 the 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 judgement require secrecy; 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 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.

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 the 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 be requisite.

XI.

Canada acceding to this confederation, and adjoining 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.

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 pleged.

XIII.

Every State shall abide by the determination 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 hath 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 respectively 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.

[Agreed to by Congress 15 November 1777 In force after ratification by Maryland, 1 March 1781]
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bieramar



Joined: 19 Nov 2010
Posts: 4441
Location: Taylor Ranch, NM

PostPosted: Wed Jan 11, 2012 3:49 pm    Post subject: Continental Congress Reply with quote

The first Congress - usually called the "Continental Congress" - had been formed after the Declaration of Independence in 1776.  It had considered other drafts of Articles of Confederation prior to approving the final one (this thread) which was then ratified by all the States' legislative bodies.  It was still the Congress in 1887 when it directed the amending of the Articles.

John Dickenson's drafted Articles which were considered by Congress:
http://avalon.law.yale.edu/18th_century/contcong_07-12-76.asp

Benjamin Franklyn's drafted Articles which also were considered by Congress:
http://avalon.law.yale.edu/18th_century/contcong_07-21-75.asp

And Thomas Jefferson's analyses and criticisms of the Articles from his Autobiography:
http://avalon.law.yale.edu/19th_century/jeffauto.asp
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bieramar



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PostPosted: Wed Jan 11, 2012 5:01 pm    Post subject: Reply with quote

The very first American "continental Congress" was that of the British colonies prior to their declaration of independence, and is the first formal expression of inalienable human rights and civil rights.

This Congress remained as the ruling body of the American British Colonies, as they morphed into the United Colonies, and finally the United States of America under the Articles of Confederation.

It was replaced by the First Congress elected under the new Constitution which sat for the first time on March 4, 1789 (and whose first order of business was distributing the first twelve proposed Amendments to the States for debate and ratification).

--- excerpts ---

Declaration and Resolves of the First Continental Congress OCTOBER 14, 1774

<snip>

The good people of the several colonies of New-Hampshire, Massachusetts-Bay, Rhode Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Newcastle, Kent, and Sussex on Delaware, Maryland, Virginia, North-Carolina and South-Carolina, justly alarmed at these arbitrary proceedings of parliament and administration, have severally elected, constituted, and appointed deputies to meet, and sit in general Congress, in the city of Philadelphia, in order to obtain such establishment, as that their religion, laws, and liberties, may not be subverted:

Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties,
DECLARE,

That the inhabitants of the English colonies in North-America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following RIGHTS:

Resolved, N.C.D. 1. That they are entitled to life, liberty and property: and they have never ceded to any foreign power whatever, a right to dispose of either without their consent.

Resolved, N.C.D. 2. That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural-born subjects, within the realm of England.

Resolved, N.C.D. 3. That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.
<snip>

Resolved, N.C.D. 5. That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law....

Resolved, N.C.D. 8. That they have a right peaceably to assemble, consider of their grievances, and petition the king; and that all prosecutions, prohibitory proclamations, and commitments for the same, are illegal.

Resolved, N.C.D. 9. That the keeping a standing army in these colonies, in times of peace, without the consent of the legislature of that colony, in which such army is kept, is against law.

Resolved, N.C.D. 10. It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other; that, therefore, the exercise of legislative power in several colonies, by a council appointed, during pleasure, by the crown, is unconstitutional, dangerous and destructive to the freedom of American legislation.
---
Source, plus: http://avalon.law.yale.edu/18th_century/resolves.asp

On June 17, 1775 Congress appointed George Washington as the General and Commander in Chief of the Continental Army of the United Colonies - with his charge the "...defense of American liberty."

The Articles of War mandated by Congress on June 30, 1775 are quite insightful as to the milieu of the era: http://avalon.law.yale.edu/18th_century/contcong_06-30-75.asp
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bieramar



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PostPosted: Sat Jan 14, 2012 11:46 pm    Post subject: Reply with quote

The Congress of the United States continued to meet in New York and govern under the Articles of Confederation at the same time the delegates to the Constitutional Convention were arguing in Philadelphia.

One of the most important pieces of business was the passage of the "Northwest Ordinance" - important to us now as it documents the thinking and laws which were the basis for the new Constitution being written.

My comments on the following excerpts are in [brackets].

---
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,...
Sec 2. Be it ordained by the authority aforesaid, That the estates, both of resident and nonresident proprietors in the said territory, dying intestate, shall <snip inheritance minutiae>.... 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,... and personal property may be transferred by delivery; saving, however to the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. 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.

[The first issue addressed is the distribution of wealth (money and property), and the importance of citizenship in regard to laws.]

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 1,000 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 500 acres of land, while in the exercise of his office....

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 500 acres of land while in the exercise of their offices;

[The officials were paid by providing them land, from which they were on their own in earning money from.  Hence all the arguments in the Constitutional Convention on who pays, and determines the pay, of the President, Senators and Representives.]

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,...

[The novel principle of "majority rule" in counsels and gov't groups, which was the necessary element of a "republic" as the Founders understood the Roman and Greek republics from the extant writings available to them.]

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.

[Separation of powers; big "C" Congress being the U.S. 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 the magistrates and other civil officers shall be regulated and defined by the said assembly;...

[The principle of representative democracy in general assemblies - "of and by the people."]

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 a representative 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,...

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,... shall be necessary to qualify a man as an elector of a representative.

[Different levels of property/wealth, citizenship and residency for different privileges and responsibilities].

Sec. 11. The general assembly or legislature shall consist of the governor, legislative council, and a house of representatives. The Legislative Council shall consist of five members, to continue in office five years,... and each possessed of a freehold in five hundred acres of land,...  

Sec. 12. The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity and of office;... As soon as a legislature shall be formed in the district, the council and house assembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating but not voting during this temporary government.

Sec. 13. And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory:...

Sec. 14. It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original States and the people and States in the said territory and forever remain unalterable, unless by common consent, to wit:

Art. 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory.

[Government can't interfere with an individual's beliefs and religion.]

Art. 2. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed.

[Pre-Constitution rights.]

Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged....


Art. 4. The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled.

The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers.

No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents.

[Taxes and the Confederacy/Union].

The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor....

[Pursuit of economic endeavors].

And, whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government: Provided, the constitution and government so to be formed, shall be republican,...

Art. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787,
---
Complete text:
http://avalon.law.yale.edu/18th_century/nworder.asp
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bieramar



Joined: 19 Nov 2010
Posts: 4441
Location: Taylor Ranch, NM

PostPosted: Mon Jan 16, 2012 1:36 pm    Post subject: Problems..... Reply with quote

Things were not going well with the Confederation of States following the Revolutionary War.

Which led to the Poughkeepsie Convention on trade and commerce in 1786, and then to the Constitutional Convention in 1787, authorized to amend the Articles of Confederation.

James Madison summarized his view on what was wrong and needed fixing.

---- excerpts ---
1. Failure of the States to comply with the Constitutional requisitions.

This evil has been so fully experienced both during the war and since the peace, results so naturally from the number and independent authority of the States and has been so uniformly examplified in every similar Confederacy, that it may be considered as not less radically and permanently inherent in, than it is fatal to the object of, the present System.

2. Encroachments by the States on the federal authority.

Examples of this are numerous and repetitions may be foreseen in almost every case where any favorite object of a State shall present a temptation. Among these examples are the wars and Treaties of Georgia with the Indians--The unlicensed compacts between Virginia and Maryland, and between Pena. & N. Jersey--the troops raised and to be kept up by Massts.

3. Violations of the law of nations and of treaties.

From the number of Legislatures, the sphere of life from which most of their members are taken, and the circumstances under which their legislative business is carried on, irregularities of this kind must frequently happen. Accordingly not a year has passed without instances of them in some one or other of the States. The Treaty of peace--the treaty with France--the treaty with Holland have each been violated.
The causes of these irregularities must necessarily produce frequent violations of the law of nations in other respects....

4. Trespasses of the States on the rights of each other.

These are alarming symptoms, and may be daily apprehended as we are admonished by daily experience. See the law of Virginia restricting foreign vessels to certain ports--of Maryland in favor of vessels belonging to her own citizens--of N. York in favor of the same.

Paper money, instalments of debts, occlusion of Courts, making property a legal tender, may likewise be deemed aggressions on the rights of other States.

As the Citizens of every State aggregately taken stand more or less in the relation of Creditors or debtors, to the Citizens of every other States, Acts of the debtor State in favor of debtors, affect the Creditor State, in the same manner, as they do its own citizens who are relatively creditors towards other citizens. This remark may be extended to foreign nations.

If the exclusive regulation of the value and alloy of coin was properly delegated to the federal authority, the policy of it equally requires a controul on the States in the cases above mentioned.
It must have been meant
1. to preserve uniformity in the circulating medium throughout the nation.
2. to prevent those frauds on the citizens of other States, and the subjects of foreign powers, which might disturb the tranquility at home, or involve the Union in foreign contests.

The practice of many States in restricting the commercial intercourse with other States, and putting their productions and manufactures on the same footing with those of foreign nations, though not contrary to the federal articles, is certainly adverse to the spirit of the Union, and tends to beget retaliating regulations, not less expensive & vexatious in themselves, than they are destructive of the general harmony.

5. want of concert in matters where common interest requires it.

This defect is strongly illustrated in the state of our commercial affairs. How much has the national dignity, interest, and revenue suffered from this cause?

Instances of inferior moment are the want of uniformity in the laws concerning naturalization & literary property; of provision for national seminaries, for grants of incorporation for national purposes, for canals and other works of general utility, wch. may at present be defeated by the perverseness of particular States whose concurrence is necessary.
===
Entire document: http://press-pubs.uchicago.edu/founders/documents/v1ch5s16.html
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bieramar



Joined: 19 Nov 2010
Posts: 4441
Location: Taylor Ranch, NM

PostPosted: Fri Oct 12, 2012 1:39 pm    Post subject: Happy Birthday, swabbies past and present Reply with quote

HAPPY BIRTHDAY, US NAVY

  == background, from earlier on this thread ==

The very first American "continental Congress" was that of the British colonies prior to their declaration of independence, and is the first formal expression of inalienable human rights and civil rights.

This Congress remained as the ruling body of the American British Colonies, as they morphed into the United Colonies, and then finally into the United States of America under the Articles of Confederation.

Declaration and Resolves of the First Continental Congress OCTOBER 14, 1774

<snip, scroll back to the last January 11 post, or go straight to source>: http://avalon.law.yale.edu/18th_century/resolves.asp

On June 17, 1775 Congress appointed George Washington as the General and Commander in Chief of the Continental Army of the United Colonies - with his charge the "...defense of American liberty."

The Articles of War mandated by Congress on June 30, 1775 are quite insightful as to the milieu of the era: http://avalon.law.yale.edu/18th_century/contcong_06-30-75.asp

On Friday, October 13, 1775, meeting in Philadelphia, the Continental Congress voted to fit out two sailing vessels, armed with ten carriage guns, as well as swivel guns, and manned by crews of eighty, and to send them out on a cruise of three months to intercept transports carrying munitions and stores to the British army in America. This was the original legislation out of which the Continental Navy grew and as such constitutes the birth certificate of the navy.

To understand the momentous significance of the decision to send two armed vessels to sea under the authority of the Continental Congress, we need to review the strategic situation in which it was made and to consider the political struggle that lay behind it.

Americans first took up arms in the spring of 1775, not to sever their relationship with the king, but to defend their rights within the British Empire. By the autumn of 1775, the British North American colonies from Maine to Georgia were in open rebellion. Royal governments had been thrust out of many colonial capitals and revolutionary governments put in their places. The Continental Congress had assumed some of the responsibilities of a central government for the colonies, created a Continental Army, issued paper money for the support of the troops, and formed a committee to negotiate with foreign countries. Continental forces captured Fort Ticonderoga on Lake Champlain and launched an invasion of Canada.

In October 1775 the British held superiority at sea, from which they threatened to stop up the colonies' trade and to wreak destruction on seaside settlements. In response, a few of the states had commissioned small fleets of their own for defense of local waters.

Congress had not yet authorized privateering. Some in Congress worried about pushing the armed struggle too far, hoping that reconciliation with the mother country was still possible.

Yet, a small coterie of men in Congress had been advocating a Continental Navy from the outset of armed hostilities. Foremost among these men was John Adams, of Massachusetts. For months, he and a few others had been agitating in Congress for the establishment of an American fleet. They argued that a fleet would defend the seacoast towns, protect vital trade, retaliate against British raiders, and make it possible to seek out among neutral nations of the world the arms and stores that would make resistance possible.

Still, the establishment of a navy seemed too bold a move for some of the timid men in Congress. Some southerners agreed that a fleet would protect and secure the trade of New England but denied that it would that of the southern colonies.

Most of the delegates did not consider the break with England as final and feared that a navy implied sovereignty and independence. Others thought a navy a hasty and foolish challenge to the mightiest fleet the world had seen. The most the pro-navy men could do was to get Congress to urge each colony to fit out armed vessels for the protection of their coasts and harbors.

Then, on 3 October, Rhode Island's delegates laid before Congress a bold resolution for the building and equipping of an American fleet, as soon as possible. When the motion came to the floor for debate, Samuel Chase, of Maryland, attacked it, saying it was "the maddest Idea in the World to think of building an American Fleet." Even pro-navy members found the proposal too vague. It lacked specifics and no one could tell how much it would cost.

If Congress was yet unwilling to embrace the idea of establishing a navy as a permanent measure, it could be tempted by short-term opportunities. Fortuitously, on 5 October, Congress received intelligence of two English brigs, unarmed and without convoy, laden with munitions, leaving England bound for Quebec. Congress immediately appointed a committee to consider how to take advantage of this opportunity. Its members were all New Englanders and all ardent supporters of a navy.

They recommended first that the governments of Massachusetts, Rhode Island, and Connecticut be asked to dispatch armed vessels to lay in wait to intercept the munitions ships; next they outlined a plan for the equipping by Congress of two armed vessels to cruise to the eastward to intercept any ships bearing supplies to the British army. Congress let this plan lie on the table until 13 October, when another fortuitous event occurred in favor of the naval movement.

A letter from General Washington was read in Congress in which he reported that he had taken under his command, at Continental expense, three schooners to cruise off Massachusetts to intercept enemy supply ships. The commander in chief had preempted members of Congress reluctant to take the first step of fitting out warships under Continental authority.

Since they already had armed vessels cruising in their name, it was not such a big step to approve two more. The committee's proposal, now appearing eminently reasonable to the reluctant members, was adopted.

The Continental Navy grew into an important force. Within a few days, Congress established a Naval Committee charged with equipping a fleet. This committee directed the purchasing, outfitting, manning, and operations of the first ships of the new navy, drafted subsequent naval legislation, and prepared rules and regulations to govern the Continental Navy's conduct and internal administration.

Over the course of the War of Independence, the Continental Navy sent to sea more than fifty armed vessels of various types. The navy's squadrons and cruisers seized enemy supplies and carried correspondence and diplomats to Europe, returning with needed munitions.

They took nearly 200 British vessels as prizes, some off the British Isles themselves, contributing to the demoralization of the enemy and forcing the British to divert warships to protect convoys and trade routes.

In addition, the navy provoked diplomatic crises that helped bring France into the war against Great Britain. The Continental Navy began the proud tradition carried on today by our United States Navy, and whose birthday we celebrate each year in October.

http://www.history.navy.mil/faqs/faq31-1.htm

                     =====
Coincidently, 59 years ago on October 13 I arrived at "boot camp" Naval Training Center, San Diego CA to begin my career in Naval Aviation.

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