The New-Jersey gazette — Burlington [N.J.], 1778-04-29 00:00:00, page 1

The following is published by order of the General
Assembly of this State, for the confederation of
the inhabitants thereof.
ARTICLES of CONFE DERATION and perpe
tual UNIO N between the Slates of New-Ham,fare,
Magacbifots - Bay, Rhode - Ifand and Providence
Plantations, Connecticut, New-York, Ncw-fetfej,
Pennsylvania, Delaware, Maryland, Hginia, Aoi^j-
Carolina, South-Carolina and Georgia.
ARTICLE I.
r-m —HE Rile of this confederacy shall be
@ ' "The United States of America."
Art. 11. Each State retains its sove
reignty, freedom and independence,
and every power, jurifdidion and right,
which is not by this confederation ex
prefsiy delegated to the United States in Congress
assembled.
Art. 111. The said States hereby severally enter in
to a firm league of friendship with each other, tor
their common defence, the security of their liberties,
and their mutual and general welfare, binding them
selves to assist each other, against all force offered to,
or attacks made upon them, or any of them, on ac
count of religion, lovercignty, trade, or any other
pretence whatever.
Art. IV. The better to secure and perpetuate mu
tual friendship and intercourse among the people of
the different States in this union, the free inhabitants
of each of these States, paupers, vagabonds and fu
gitives from justice excepted, ihall be entitled to all
privileges and immunities of free citizens in the seve
ral States ; and the people of each State shall have
free ingress and regrets to and from any other State,
and shall enjoy therein all the privileges of trade and
commerce, fubjedt to the fame duties, impositions
and redriaions as the inhabitants thereof refpettive
ly, provided that such reftri&ion ihall 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,
dnti^c nr rrftrt-Uon Ihall b= Siri by any State, nn
the property of the United States, or either of them.
If any person guilty of, or charged with treason,
felony, or other high mifdemeanour in any State,
shall flee from justice, and be found in any of the
United States, he ihall upon demand of the Gover
nor, or executive power of the State from which
he fled, be delivered up and removed to the State
having jurisdiction of his offence.
Full faith and credit ihall be given in each of these
States to the records, adts, andjudicial proceedings
of the courts and magistrates of every other State.
Art. V. For the more convenient management of
the general interests of the United States, delegates
shall be annually appointed in such manner as the
legislature of each State shall direct, to meet in Con
gress on the firft Monday in November, in every
year, with a power referred to each State, to recall
its delegates or any of them, at any time within the
year, and to fend others in their dead, for the re
mainder of the year.
No State shall be represented in Congress by less
than two, nor by more than seven members ; and
no person fliall be capable of being a delegate for
more than three years, in any term of fix years ; nor
Yhall any person, being a delegate, be capable of
holding any office under the United States, for which
he, or another for his benefit, receive any salary,
fees, or emolument of any kind.
Each State ihall maintain its own delegates in a
meeting of the States, and while they att as mem
bers 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 ihall
not be impeached or questioned in any court or place
out of Congress, and the members of Congress shall
be protested in their persons from arrelts and im
prisonments during the time of their going to and
from, and attendance on Congress, except for trea
son, felony, or breach of the peace.
Art. VI. No State without the content of the Unit
ed States in Congress assembled, ihall fend any em
bassy 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 hold
ing any office of profit or truss under the United
States, or any of them, accept of any present, emo
lument, 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,
NEW-JERSEY GAZETTE.
[Vol. I.]
W EDNESD AY, April 29, 1778.
Art. VII. When land forces are raised by any State
for the common defence, 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 di
rect, and all vacancies shall be filled up by the State
which firft made the appointment.
Art. VIII. All charges of war, and all other ex
pences that shall be incurred for the common defence
or general welfare, and allowed by the United States
in Congress assembled, shall be defrayed out of a
common treasury, which shall be lupplied by the
several States, in proportion to the value of all land
within each State, granted to or lurveyed for any
person, as such land and the buildings and improve
ments thereon shall be estimated according to inch
mode as the United States in Congrels assembled,
shall from time to time direct and appoint. The
taxes for paying that proportion shall be laid and le
vied by the authority and direction of the legislatures
of the several States within the time agreed upon by
the United States in Congress assembled.
Art. 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 fending and re
ceiving ambassadors —entering into treaties and alli
ances, provided that no treaty of commerce shall be
made whereby the legislative power of the refpe&ive
States shall be restrained from impoling such imposts
and duties on foreigners, as their own people are
fubjedted to, or from prohibiting the exportation or
importation of any species of goods or commodities
whatsoever —of eftabiifhing 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 di
vided or appropriated—of granting letters of marque
and reprisal in times of peace—appointing courts for
the trial of piracies and felonies committed on the
high leas, and establishing courts for receiving and
determining finally appeals in all cases of captures,
provided that no member of Congress shall be ap
pointed 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 dif
ferences now subsisting or that hereafter may arise
between two or more States concerning boundary,
jurifdidion, or any other cause whatever; which au
thority shall always be exercised in the manner fol
lowing. Whenever the legislative or executive am
without the consent of the United States in Congress
assembled, foecify ng accurately the purpose for which
the fame is to be entered into, and how long it shall
continue.
No Slate 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 veTels 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 defence of such State or its trade ;
nor ihall any body of forces be kept up by any State,
in time of peace, except such number only, as in the
judgment of the United States in Congress assembled,
shall be deemed requilite to garrison the forts neces
sary for the defence of such State; but every State
shall always keep up a well regulated and disciplined
militia, fufiiciently armed and accoutred, and shall
provide and constantly have ready for use, in public
stores, a due number of field pieces and tents, and
a proper quantity of arms, ammunition and camp
equipage.
No State shall engage in any war without the con
sent of the United States in Congrels assembled, un
less such State be actually invaded by enemies,, or
shall have received certain advice of a resolution be
ing formed by some nation of Indians to invade such
State, and the danger is so imminent as not to ad
mit of a delay, till the United States in Congress
assembled can be consulted ; nor shall any State grant
commihions to any ships or vefi els of war, nor let
ters of marque or reprisal, except it be after a de
claration of war by the United States in Congress
assembled, and then &nly against the kingdom or date
and the fubje&s 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 infefted 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 un
til the United States in Congress assembled shall de
termine otherwise.
THE
All controversies concerning the private right of foil
claimed under different grants of two or more States
whofcjuiifdiftions as they may refped such lands, and
the States which passed such grants are adjusted ; the
said grants, or either of them, being at the fame time
claimed to have originated antecedent to such settle
ment of jmifdidion, shall, on the petition of either
party to the Congress of the United States, be finally
determined as near as may be in the fame manner as
is before prescribed for deciding disputes refpe&ing
territorial jurifdiftion between different States,
The United States in Congress assembled, shall also
have the sole and exclusive right and power of regu
lating the alloy and value of coin struck by their own
authority, or by that of the refpedive States —fixing
the standard 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—efta
blilhing and regulating poft-offices from one State to
another, throughout all the United States, and exacting
such postage on the papers palling through the fame as
may be requisite to defray the expence of 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 com
missioning 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 di
recting their operations.
The United States in Congress assembled shall have
authority to appoint a Committee to fit 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 ci
vil officers as may be necessary for managing the ge
neral affairs of the United States, under their directi
on—to appoint one of their number to preside, pro
vided that no person be allowed to serve in the office
of president more than one year in any term of three
years—to afeertain the necessary sums of money to be
railed for the service of the United States, and to ap
propriate and apply the fame for defraying the public
expences—to borrow money or emit bills on the credit
of the United States, transmitting every half year to
the refpedtive States an account of the sums of money
Jo borrowed or emitted to build or equip a navy—to
thority or lawful agent of any State in controversy
with another shall present a petition to Congress
dating the matter in question and praying for a hear
ing, notice thereof shall be given by order of Con
gress 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
Ihall 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 per
sons out of each of the United States, and from the
lift 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 com
missioners or judges, to hear and finally determine
the controversy, so always as a major part of the
judges who shall hear the cause ihall agree in the de
termination : and if either party shall neglect to at
tend at the day appointed, without shewing reasons,
which Congress Ihall judge fufficient, or being pre
sent shall refiife 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 refuting ; and the judgment and sen
tence of the court to be appointed, in the manner
before prescribed, shall be final and conclusive ; and
if any of the parties shall refufe to submit to the au
thority of such court, or to appear or defend their
claim or cause, the "court shall nevertheless proceed
to pronounce sentence, or judgment, which shall in
like manner be final and decisive, the judgment or
sentence and other proceedings being in either case
transmitted to Congress, and lodged among the ads
of Congress for the security of the parties concerned :
provided that every commissioner, before he fits in
judgment, shall take an oath to be administered by
one of the judges of the supreme or fuperjer court
of the State, where the caufe'lKall be tried, "well
and truly to hear and determine the matter in que
stion, according to the best of his judgment, without
favour, affedion, or hope of reward :" provided also
that no State shall be deprived of territory for the be
nefit of the United States.
[Numb. 22.]