The Articles of Confederation
a dissection
This page changed with the April 30, 2024 edit.
The Articles of Confederation
a dissection
This is the full text of The Articles of Confederation; the nation's first constitution, along with several key highlight marked with (K. Notes: ). It's important even today to help know how the founding generation viewed government. It also helps clarify various elements of The Constitution of the United States of America; such as Amendment 2.
(K. Notes: Is where the annotations are placed and appear in this indented manner. Sometimes to simply define a word from a 1756 Dictionary set. In this instance, the dictionary by Samuel Johnson. Remember, Webster did not publish his first dictionary until 1806, twenty to thirty years after the (1777 Congressional adoption) and the 1781 Ratification date of The Articles of Confederation.
The Articles of Confederation (1777)
(K. Notes:
Article — (1756 Image)
Article [s.]
3. Term; stipulation.
Confederation — (1756 Image)
Confederation [s.]
League; alliance.
(K. Notes: With that, The Articles of Confederation are noting more than the terms and stipulations created as a result of the league or alliance formed, with respect to the common government they are creating with those Articles.
Constitution — (1756 Image)
Constitution [s.]
1. The act of constitution; enacting; establishing.
6. Established form of government; system of laws and customs.
7. Particular law; establishment; institution.
To all to whom these Presents shall come, we, the undersigned Delegates of the States affixed to our Names send greeting. Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia in the Words following, viz. “Articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.
(K. Notes: Regarding;
articles of Confederation and perpetual Union
Perpetual — (1756 Image)
Perpetual [a.]
1. Never ceasing; eternal with respect to futurity.
2. Continual; uninterrupted; perennial.
(K. Notes: They intended for the union, The Confederacy, to continue forever. Or to at least, go on and on and on, like the Energizer Bunny. But if history is an indicator of the future, this is not an entirely realistic projection.
This is not to say that The Articles themselves would remain unchanged or even eventually replaced; because, as we see later, they made provisions to alter The Articles of Confederation.
They also did not intend that any State entering the confederacy could not leave confederacy, as we also see later, they made provisions for adding new States. And, if the States were in fact Free, they could separate from the union without harming the life or perpetuity of that union. The union would just be short one State, but the Union itself continues.
Article I.
The Stile of this confederacy shall be, "The United States of America."
(K. Notes: On, The Stile of this confederacy
Style — (1756 Image)
Style [s.]
3. Title; appellation.
(K. Notes: All this article does is name the government, because that is what this document does. It creates the form of that government.
This must not be confused with The Declaration, which created the partnership, the nation, which would then create the common government. The nation's government.
Thus, we have two bodies with similar names that sound the same. The Nation, spelled as the united States of America, which is the union of states. Now, we have The Nation's Government, spelled as "The United States of America".
The Articles of Confederation is the first set of By-Laws. The Law that States are to use to control the nation's government.
Article 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.
(K. Notes:
Each states is the equal of all other foreign states, countries, and nations.
The Constitution for the United States of America, though not expressing it in this clear a manner, contains the same information in Amendment 10.
The Constitution for the United States of America, Amendment 10 is additional evidence of our politicians weakening the states-rights over the federal government; simply by making the sovereignty issue less clear.
Article III.
The said states hereby severally enter into a firm league of friendship with each other, for their common defence, 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 pretence whatever.
(K. Notes:
a firm league of friendship
The a firm league of friendship essentially is the definition for Confederacy, as seen earlier with the dictionary snapshot.
for their common defence, 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 pretence whatever.
Though reworded, this content is part of The Preamble to The Constitution for the United States of America.
Here, in The Articles, it is clear that the general welfare is for that of the States, not of the individuals. Here, the federal government is clearly a servant for the States. This gets considerably watered down within The Constitution, later.
Article 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 have 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.
(K. Notes: 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;
Only these three (paupers, vagabonds and fugitives from Justice) classes of citizens were not able to exercise certain rights. As seen during the dissection of The Declaration, by definitions rights, immunities, and privileges, are synonymous.
But who are these paupers, vagabonds and fugitives from Justice?
Pauper — (1756 Image)
Pauper [s.]
A poor person.
Poor — (1756 Image)
Poor [a.]
1. Not rich; indigent; necessitous; oppressed with want.
10. The Poor. Those who are in the lowest rank of the community; those who cannot subsist but by the charity of others.
Rich — (1756 Image)
Rich [a.]
1. Wealthy; abounding in wealth; abounding in money or possessions.
Indigent — (1756 Image)
Indigent [a.]
1. Poor; needy; necessitous.
2. In want; wanting.
Charity — (1756 Image)
Charity [s.]
4. Liberality to the poor.
5. Alms; relief given to the poor.
Vagabond — (1756 Image)
Vagabond [a.]
1. Wandering without any settled habitation; wanting a home.
Vagabond [s.]
1. A vagrant; a wanderer, commonly in a sense of reproach.
2. One that wanders illegally, without settled habitation.
Wanderer — (1756 Image)
Wanderer [s.]
Rover; rambler.
Rover — (1756 Image)
Rover [s.]
2. A fickle inconstant man.
3. A robber; a pirate.
Fugitive — (1756 Image)
Fugitive [a.]
6. Wandering; runnagate; vagabond.
Fugitive [s.]
2. One who takes shelter under another power from punishment.
Runnagate — (1756 Image)
Runnagate [s.]
A fugitive; rebel; apostate.
(K. Notes: Let us restrict these prohibitions against paupers, vagabonds, and fugitives to the right of voting only; since it seems the most frequently violated and most frequently addressed in the Amendments of The Constitution at present time.
Prohibiting fugitives from justice certainly possess a large measure of wisdom. When you get a lot of criminals voting for other crooks, the nation goes to hell in a hurry.
What about vagabonds? This does not seem to include homeless people who tend to settle in the same city for months or years at a time. This seems to focus on people who may be there for a few days or weeks and move on; generally those having ill-intent (robber pirate, definition 3 of Rove, from definitions for Wander from vagabond). When there is no residency restrictions, such as how long a person must live in the city before becoming a voter; it opens the doors to voter fraud on a massive level. A very wealthy person or business might import many vagabonds into the area to sway some legislative act to favor that person or business.
Pauper? We generally think of a pauper simply as someone who is not rich and penniless, begging on the streets —or where or however else they can. In this aspect, If we held to this simple rule, nearly everyone running for public office (at least the first time), would be a pauper; they solicit funds (begging for donations) because they cannot personally afford what it seems to take to get elected. But no. The indication for pauper is that it does not necessarily include people who simply are not "rich", but it is those who do not have that which they want or need to survive. A person may be living their spiritual beliefs of poverty, not that they do not know how to amass great wealth. They may desire to live a non-complicated life, free to travel at will.
Anyhow, our history tends to have us believe that only rich, white, male landowners were allowed to vote.
In accord with The Declaration, as seen in the previous Dissection; there are only two requirements to vote —citizenship and taxpayer.
Our education system tells us that many people, early in our nation's history followed some cult of the Old-Testament Christian Religion. As such, most foreigners were seen as less than desirable. Women were generally considered the property of either the father or husband. Most native Americans at the time were considered uncivilized by the Europeans; most people of dark skin were treated as property.
However, in the 1700's some women, some blacks, and even some native Americans owned surveyed lands and worked slaves on that land. Some – granted – very few to speak of. And as we got worse as a nation, never-yet realizing the design for our nation, and as we got more cultishly religious, fewer women, fewer people of color, and fewer natives were allowed to participate.
From what I recall, the biggest tax (though, other smaller items were taxed) the biggest tax-generator was surveyed lands. Thus, generally only people with large cash reserves had surveyed lands. As a seemingly European practice, most of those landowners were light-skinned.
What we see in The Articles, rather what we do not see in them, is any grant to government to prohibit women or people of color from voting. We get closer to that with our present constitution and its "three-fifths of all other people" clause.
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 offence.
(K. Notes:
A fugitive from justice, with charges of more than any minor offense, can be captured and returned to the state from which they ran. This is similar to The Constitution of the United States of America, Article IV Section 2.
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.
(K. Notes:
Each state has the right and duty to know if people coming into their state have committed crimes in other states. This practice still continues, but in violation of Amendment 4.
Amendment 4 demands that the government have a valid constitutionals reason for seeking to find out who you are. They are not supposed to use unconstitutional laws to go on fishing or phishing expeditions in hopes to make brownie points for promotions. They must have official wanted posters, arrest warrants; each with an accurate written description, accurate photo, and or an accurate sketch that is obvious enough to the be person sought.
Unfortunately, police use any of many unconstitutional laws to run a person's identification papers, cards, or other id's to see if they are wanted elsewhere —and for no other reason than the person is from out of town and no one knows any thing about them.
Article 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 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.
(K. Notes:
For the more convenient management of the general interests of the united states
Management — (1756 Image)
Management [s.]
1. Conduct; administration.
Administration — (1756 Image)
Administration [s.]
1. The act of administering or conducting any employment.
2. The active or executive part of government.
3. Those to whom the care of publick affairs is committed.
Executive — (1756 Image)
Executive [a.]
1. Having the quality of executing or performing.
2. Active; not deliberative; not legislative; having the power to put in act the laws.
Deliberative — (1756 Image)
Deliberative [a.]
Pertaining to deliberation; apt to consider.
Deliberative [s.]
The discourse in which a question is deliberated.
(K. Notes: Government is there to do those things authorized by, in this instance, The Articles of Confederation; and later with, The Constitution of the United States of America.
For the carrying out of or conducting the business common among the states; each state will send its respective members to meet in a group called a Congress.
Later on, we find out what the duties of this Congress are supposed to be. But, for the time being, this clause deals solely with the general purpose for that government —the administration of public affairs, (general interests) common among the states.
This management body, called government, is not to question or deliberate the commands given them by The Articles of Confederation. It is simply to carry those command into completion.
No State shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being 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.
(K. Notes: no person shall be capable of being delegate for more than three years, in any term of six years;
One might wonder if their elected officers spent too much time in office running for re-election and not performing their duties of office?
This is Term limits!
One term and you are out! In three. Out at least three.
Oh, you can get back in, perhaps if you spend the entire three years you are out of office campaigning for re-election. But you are not supposed to be campaigning for re-election as soon as you are sworn into office.
We see more on judicial term limits for the supreme Court.
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.
(K. Notes:
Basically, the congressional members are state-loyalists. If they act contrary to their respective states, their state may replace them or alter their compensation. This way each state had tight control over their Congressional members. This started to be weakened with The Constitution of the United States of America having those U.S. Congressional members eventually elected by the citizens.
Citizens electing their government officers is not a bad thing; so long as that body of voters knows how to removed the bad apples before they spoil the whole bunch. This knowledge about actually firing, the removal of government officers, before the end of their elected terms seems to have all but vanished.
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 and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace.
(K. Notes:
Treason — (1756 Image)
Treason [s.]
• An offense committed against the dignity and majesty of the commonwealth: it is divided into high treason and petit treason. High treason is an offence against the security of the commonwealth.... Petit treason is when a servant kills his master.....
• High treason is an offence against the security of the commonwealth...
• or to adhere to kings enemies by aiding them;
• or to counterfeit the king's great seat, privy seal, or money;
• or forging the king's seal manual, or privy signet; or diminishing or impairing the current money: and in such treason, a man forfeits his lands and goods to the king: and it is called treason paramount.
Breach — (1756 Image)
Breach [s.]
1. The act of breaking any thing.
4. The violation of a law or contract.
6. Difference; quarrel.
7. Infraction; injury.
Peace — (1756 Image)
Peace [s.]
1. Respite from war.
2. Quiet from suits or disturbances.
3. Rest from commotion.
4. Stilness from riots or tumults.
6. A state not hostile.
Felony — (1756 Image)
Felony [s.]
A crime denounced capital by the law.
Capital — (1756 Image)
Capital [a.]
1. Relating to the head.
2. Criminal in the highest degree.
3. That which affects life.
(K. Notes: This allows the freedom of debate on any issue, without fear of arrest. This is a limited freedom from arrest. This is not an exclusion of the representative's actual vote; for that vote may be treasonous.
This does not allow diplomatic immunity, should a congressional member violate any laws or worse yet, violate The Articles of Confederation, which is a contract.
This does not exempt a congressional member from arrest for any vote that violates The Articles. That is a breach of contract —a breach of the peace.
Article 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 conferrence, 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 of 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.
(K. Notes:
Our nation's government is supposed to be the only government level to negotiate with foreign countries not part of this confederation union. This also carries forward into The Constitution of the United States of America, the last paragraph of Section 9.
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.
(K. Notes:
This gets important when we begin looking into our present constitution, as to when and if it was properly ratified —because it is a treaty among the states joining it. It is an alliance among the states party to it.
Does The Constitution for the United States of America specify accurately the purpose for which those states entered into it? Does The Constitution specify accurately how long it shall continue? In both instances, The Preamble does address purpose: establish justice, etc. It does detail how long it will continue, with the phrase to ourselves and our Posterity. Then, within The Constitution, it allows each generation to alter or even replace that constitution, via Article 5.
The no state shall enter into any agreement or compact carries forward in The Constitution of the United States of America, Article 1, Section 10, Clause 3.
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 vessels 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 shall 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 requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accounted, 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.
(K. Notes:
This gives the nation's congress the power to determine the size of each state's military. It does not seem to allow congress to regulate the size of the state's militia.
This particular element is curious, especially when compared to The Constitution, Amendment 2; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accounted, 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.
In The Articles, it is the State Government that is responsible for "keeping and bearing" the militia weapons in a public store, an armory. Where, in Amendment 2 in The Constitution, it is the people, who are to keep and bear these military weapons.
We also notice that in The Constitution, Article 1, Section 8, Clause 3rd from last, Congress is to "To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;" which means that the weapons any militia-member is trained to use, Congress must allow the militia-member to keep that weapon at their house or business, if the person desires.
But Amendment 2 goes even further. It does not restrict such weapons to the possession of militia-members, it opens it up to all people, to keep and bear those arms
Let us look at the logic of the change.
Under The Articles, if any State or even the nation is attacked; and if the enemy has done accurate homework, knowing where these public stores of weapons are kept; the enemy will first, try to seize the weapons and use them against us, so as to not deplete their own resources; or destroy them so we cannot use the weapons against them. Thus, the public stores option benefits enemies and tyrants.
Under Amendment 2, every household becomes a potential armory. This makes it much more difficult for foreign attackers to hit all weapons stockpiles at the same time. It also is supposed to make it more difficult for Domestic Tyrants to get their hands on private weapons; except for when those tyrants require the citizen to register each weapons purchase with the government. Such required registration violates Amendment 2 of The Constitution.
People claim that with nukes, it is not necessary for people to stock weapons. Thing is, after all the bombs go off, groups of people will still survive and need to defend themselves, probably against our own government.
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.
(K. Notes:
This essentially hands the defense over to Congress; except when a state is actually invaded and they immediate need to defend themselves.
The "actually invaded" clause here is also seen in The Constitution of the United States of America, Article 1, Section 10, Clause 3.
Article 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 direct, and all vacancies shall be filled up by the state which first made appointment.
(K. Notes:
The military officers were seen to remain loyal to their respective state; fully responsible to that state, in the event the nation's government might use the military against the people of their home state.
Article VIII.
All charges of war, and all other expenses 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 supplied by the several states, in proportion to the value of all land within each state, granted to 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.
(K. Notes:
Any expense that a state may have, for the common defense of all states; the nation's treasury is to reimburse that cost.
This is also our first mention of actual raising of taxes.
The State governments were the sole source of funds for the nation's treasury. It was then, the state-government's job to collect those taxes and deliver them to the nation's treasury. Land and improvements were the source of taxes. Land-grants and surveyed lands were pretty much the only way to know who owned or had possession of specific quantities and quality of land. First, the number of acres, then the improvements.
This lends a little credibility to the supposed rich, white, male, landowner being being the "only" voters. In order to possess and retain any large land-plots, a person had to have money or a big family to keep it secure. Thus the rich part. Most of that money passed from Father to son. Thus the male part. But from time to time, a surviving widow, with no close living male relatives inherited the land, fortune, and slaves. Most of the land grant recipients and surveying, at the time, seem to have European origins, with wealth or power attached to their names, who were generally of a lighter skin-color, thus the white part. Though some people of darker skin-color are recorded as land and slave owners. Because many Europeans loosely followed the same religion where women were considered property of the man (father or husband) few women possessed land, thus, the male part; and as with color, some women are reported to own land and slaves as well.. And we already saw the landowner part..
At this point, the only prohibitions against people of color or women from owning land and slaves would be purely older customs and religion.
Article 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 Sates, 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 committed 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.
(K. Notes:
Generally, Article IX deals with granting/delegating powers to Congress. In some instances, specifically reserving to the states or expressly prohibiting to the states certain powers. Many of these same powers are seen in The Constitution of the United States of America, Articles 8 & 9. Some of the elements were altered in the present Constitution.
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 cause 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 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 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 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, affection, or hope of reward: “provided, also, that no State shall be deprived of territory for the benefit of the united states.
(K. Notes:
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 cause whatever; which authority shall always be exercised in the manner following.
Congress sets the courts.
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:
The two contesting parties agents get to select the judges that decide the case. Unless they cannot agree.
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:
But if the agents cannot agree, congress names three people out of each state, the parties whittle the pool down to thirteen. Then either seven, eight, or nine names are drawn by lottery to be the judges.
Then, it is the majority of those judges who decide the outcome of the case.
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 judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive;
This provisions accounts for when or if a party does not show or refuses to participate if they do show.
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 judgment, which shall in like manner be final and decisive;
The court will decide the outcome whether or not either of the parties do not show up.
the judgment 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 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, affection, or hope of reward: “provided, also, that no State shall be deprived of territory for the benefit of the united states.
This panel of judges is worn in before hearing the case.
This appears to be as nearly as impartial a selection of United States supreme Court judges a we can get; especially when we see the party politics that take place in modern justice nominations and confirmations.
In the proposed new constitution, this selection process is slightly modified, so that it is the State that nominates two people to become the supreme Court judge-pool. The parties whittle it down to thirteen and then nine are drawn by lottery. Bye-Bye party politics, at least a major chunk of it. This pool of judges might remain available for four years; while other members of the pool hear other cases, contesting parties may still select 13 from the remaining, etc. If there are more cases to be heard, the states select another two, and the process continues again.
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 prescribed 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 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 - establishing and 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.
(K. Notes:
- 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
Much of the complete paragraph from which the above clause is taken, has been distributed throughout The Constitution of the United States of America. This clause about Indians has received the most drastic change, when compared to the similar clause from The Constitution, Section 8, Clause 3.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
The present Constitution demands that Congress treat the Tribes as they do any other foreign nation. They are no longer to dictate trade or regulate any of the internal affairs of the tribes. But the Present Congress seems to adhere to the clause in The Articles of Confederation.
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 number 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 clothe, arm, and equip them, in a soldier-like manner, at the expense of the united states; and the officers and men so clothed, 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 than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped 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 which 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, armed, and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assembled.
(K. Notes:
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
These committees may act in the place of congress, excluding those things reserved solely to the general body of congress assembled;
- to appoint one of their number 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;
This creates the office of President; granted, President of Congress; which is fitting, as even the President today is nothing more than the President of Government —not the nation. A president must be a member of congress, and serves only one years in three. This means that a person can serve only one term as president during their three-year term in congress.
The united states, in congress assembled, shall never engage in a 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 expenses necessary for the defence 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 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 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 judgment 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 delegate; and the 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.
Article 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 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, is requisite.
(K. Notes:
This is a critical element in knowing when, if, and how The Constitution for the United States of America was ratified in accord with the terms of the then existing contract, The Articles of Confederation. Morally speaking, the new contract cannot dictate the terms by which it will replace the older contract.
It is always the older, or first contract that dictates the terms by which to alter or replace it.
Here, it expressly prohibits the committee of states from doing that which is expressly delegated to to the united states in congress assembled. We learn the process of alteration to The Articles, at Article XII; which states:
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 afterwards con-firmed by the legislatures of every state.
This tells us that The Constitution of the United States of America could not have been legitimately put into force until about 1891 when the 13th of all 13 states, then part of the union has ratified it before any new states joined the union. Every new state that joins, must then be added to the total number of states required to Ratify. This means that if Canada, in accord with Article XI. below, next, had become part of the union before the 13th state ratified The Constitution; Canada, also, would have been required to ratify, The Constitution of the United States of America.
Article XI.
Canada acceding to this confederation, and joining 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.
Article 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 pledged.
Article XIII.
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 afterwards con-firmed 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.
End The Articles of Confederation Content