grant any title of nobility: But 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 ascerthe congress of America-the supreme civil officer tain the nnmber of white inhabitants in each state, of a state while in it--the generalissimo and such persons being also caused to specify the numadmiralissimo, 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 returnof 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 command 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, rica, 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 90 directed shall, within twelve months, duly ac count with the said treasury-office for the pecuniary quota, or part thereof so directed to be retained The military land quota of each of the United States shall be in proportion to the number of white inhabitants in each-the legislature in the several states sball, from time to time, cause all 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 such to the executive power in the state, the true numyouth shall be admitted upon such establishment, ber they shall so find-they shall be paid for their at ten years of age: At the age of fourteen, he 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 state, 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 congress-such a return to the congress shall be made before the first day of January next, and in every seventh year thereafter-the several states shall, in due time, embody the several military quotas required by the congress, and shall raise, clothe, arm and maintain them, at the general expense, rated by the congress the several states shall appoint all the regimental and deputy staff officers incidental to their quotas; and into as many brigades as the congress shall brigade their respective quotas, so many brigadier generals, shall such respective state nominate, the whole to be commissioned by the congress-all vacancies in a quota shall be supplied by its state-the executive power in each state, except that in which the congress be sitting, shall, under the authority and controul of the congress, direct the land forces, ships and vessels of war, and all officers incidental thereto, in the service of the United States, within such state -the proportionate pecuniary quotas of the several states shall be regulated in proportion to the number of inhabitants in each state respectively whenever such pecuniary quotas for the service of the United States shall be required by congress, they shall state the capitation rate--each state shall be liable for a term of seven years, in time of war, to do duty, or to find a seaman to do duty in his room, on board the naval force in the service of the United States, or in that of the state in which he was so educated: And he or his substitute, as the case may be, shall for such service be free from every tax; and losing the use of a limb in the public service, shall be maintained ever after at the expense of the United States, or of that state in whose particular service he was so maimed. Each state sball make suitable laws for rendering this naval establishment a public benefit-all general officers, flag officers and commodores, shall be created by election only, nor shall the principle of seniority give any title to such promotionno state shall exercise any power hereby delegated to the congress: But it is declared, the several states do possess and enjoy all those natural rights and powers of sovereignty, not by this act delegated: And it is also declared, that whenever the congress shall cease to observe these articles of confederation, the several states shall be at liberty to declare themselves absolved from all obedience to that government. any magistrate vested with powers originally delegated by there in *For, whenever a question arises between the society at large and eiety, it must be decided by the voice of that society itself; there is not upon earth any other tribunal to resort to.-1 Blackstons,212« A declaration of the capability 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. Canada, 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. stood. vantages of this union; and shall be equally, with The rules by which the confederation shall be underany other of the United States, solemnly bound to 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 which 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 extended: But, except Ca-derstood according to the expression and not other nada, no other colony shall be admitted into the wise. And all acts of the congress and of the comconfederacy without the assent of eleven or more mittee of the United States, shall be taken only in votes, as the case may require, by the confederation the same manner. being extended. In solemn confirmation and testimony whereof, Pennsylvania, Delaware, Maryland, Virginia, North Done at this our Lord day of and in the in the year of year The penalty of violating the articles of confederation Art. 8. For the better assurance of the benefits expected from this confederation, voluntarily entered into by the several states; to guard, as far as may be, against the negligence and weakness of men; and to stimulate the several states to a due, regular and punctual obedience to this confederation, and performance of their several duties herein expressed it is declared, that if any state shall fail in causing its military quota to be duly embodied; or fail in causing its pecuniary quota or proportion of the general tax throughout the United States to be duly levied and paid, in either of such cases of the sovereignty of America. the state, so making default, shall, within twelve 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 had 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 violate any of the articles of this confederation, the congress shall, within one year thereafter, declare such state under the ban of the confederacy, and by the utmost vigor of arms shall forthwith proceed against such state, until it shall have paid due obedience, upon which the ban shall be taken off and the state shall be restored to the benefits of this confederacy. A declaration of the obligatory nature of the confederation, and in what manner it is capable of any alteration. the liberties of America; a month, including the date of the declension of Great Britain; a month, that ever will be famous for the patriotic execution of a Roman tyrant-but I am not obstinate in this choice. I should most readily admit the famous 19th of April-the commencement of the civil war: Or the 4th of July, the illustrious epocha of the sovereignty of America! A day that ought to be held in everlasting remembrance-a day that naturally points out the time for the annual meeting of the congress of America, to watch for the permanency of its independence. Art. 9. The articles of this confederation shall I have increased the least representation in conbe strictly binding upon, and inviolably observed gress, in order to procure a more numerous re presentation of the states, and to give efficacy to necessary, and perfectly equitable: Can it possibly the mode of trial of disputes between the states: be thought reasonable, that the southern interest for a numerous representation is a guard against should be judged of and determined upon, without corruption; and nothing should be left at hazard the consent of, at least, half the states principally that can be avoided-it seems requisite to declare, forming that interest?-It appears evident that the that a state shall be bound by the act of the con- free white inhabitants only of each of the states, gress, or the committee of the United States, should be entitled to the privileges and immunities although its representation shall not be present; of free citizens in the others; and that according for this will have a tendency to urge the states to to the law respecting free white inhabitants in such preserve their representation. I think it is utterly states respectively-the commercial negociations impolitic to exclude a member of congress from of congress, must ever be dilatory in their progress, being nominated to an office, under the United and their views often unattainable, while exposed States; for many a man, may be capable of perform-to a power, in any of the United States, to lay ing much more important service in such a station duties and impositions contrary to the spirit of than in congress: But I have already given my negociations manifestly to the general advantage: opinion fully on that subject. It seems necessary Such a power therefore should not exist-Theto the despatch of business, that the president of greatest obstacles should be laid in the way of congress should also be the president of the com-public officers receiving any douceur from a foreign mittee of the United States: For this body is to prince-It seems absolutely necessary, that preceproceed in the business begun by the other-con-dence and rank should be established; for without gress ought to have the power of declaring treason: it jealousies and confusions may arise-The numera.. For the power is a great means of guarding against tion of the white inhabitants ought to be frequently internal machinations; and it naturally appertains made, and with the utmost accuracy: This being to such a body-An admiralissimo is necessary: for the best means of enabling the congress to wield the navy should be of right put upon an equal the strength of America with equal justice to the footing with the army, in point of rank: America several states, and with vigor in defence of the must be a great naval power; and every encourag-confederacy. And the mode in which this numera. ment should be given that she should be soon so-tion shall be made, and the general tax shall be I have mentioned a war and admiralty-office: For raised, ought to be specified: These things are such establishments do not seem to be regularly capable of being regulated in an easy, plain, equitcomprehended in the clause, "other committees able and punctual manner-The unanimous vote is and civil officers;" the copulative creating an idea highly expedient in the case of treason: For this of civil committees-The restriction upon the con- is a matter of the most serious importance-The gress nomination to military offices, is grounded eleven voices should be increased as the conthe reasons I have assigned upon that head-federacy is enlarged: For neither the northern nor It does not seem any way expedient that congress southern interest should be effected, but by the should have a power of emitting or borrowing more consent of at least half the states in such interests money than the sum they rate as necessary to be respectively--The penal article justifies itself...as raised: And, therefore, they ought to be limited in does that upon the construction of the confederathat point-courts for the trial of piracies, and tion, and of the acts of congress and of the comreceiving appeals in cases of capture, should be mittee of the United States. upon erected in each state: Because people should not! In addition, sir, to this concise state of my reabe obliged to seek justice at a distance, when they sons for some of the principal alterations I have can with propriety be allowed to procure it at home: made, I must beg leave to be more particular in This is a fundamental principle of natural right, my arguments in support of others, which I have sanctioned by common law and usage-The law by much at heart and wish to make; because 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 propriety. I will endeavor to be as short as the rule of right not left to the caprice of judges-we cannot but, remember the high authority which says, "Misera servitus est, ubi jus est, vagum aut I have excluded those from the privileges of free incognitum"* The eleven 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--a certain or unknown.-4 Just. 246. measure in my opinion perfectly just. It is said, importance of the subject will admit. 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 necestion in their favor. However, had their precept sary to nations as men. And shall particulars have been in more positive terms, I think I have 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 disa 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 that 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 of 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 a 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 command the children of Israel that, when they rid of them. I almost wish to "drive out all such had 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 Quakera plication, they contend* restrain from doing new, can never take it amiss, when they recollect that what God then commanded as just. The grand it is said, "blessed are they who are persecuted for principles of moral rectitude are eternal. Dare the Christ's sake." I do not consider this as such a perQuakers 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 resentmen', God" 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 sect: 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 not bring his action for trespass? Is not this an I would have it a point settled in the confederáopposition 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 Notwithstanding the precept, "he that hath no sword, let him sell his garment and buy one." St. Luke, xxii. 36. Great Britain. wise republics. The great Hunnibal, when very young, commanded the Carthagenian army in Spain over the heads of much older officers--and the first Africanus thought it no diminution of his honor to serve under his brother Asiaticus. These are federacy, as by being furnished with those men illustrious instances of wise policy and honorable who are most capable of executing 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. That government was republicby 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 Amethe only judges of their own importance and merit 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, I 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. It was, to order the king's ships to quit the harbor of Bosthink, a 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 forserenely 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 uncultivated natural that they should be ruined by the mistake 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 underperhaps 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 proper 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 recipal attack, or covering a precipitate retreat.quire. Marshal Saxe, 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 to be omitted in the articles of admitted by congress, that election is the best confederation. Congress have endeavored to esmeans of procuring an able commander in chief. tablish a land force; but this, which is of superior And why should not this 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 in five words-"to |