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the name of the United States be presented by the pre- 1777* sident to major gen. Gates.
Congress resolved, "That major gen. Mifflin's resig- 7. nation of the office of quarter-master general be accepted, but that his rank and commission of major general be continued to him, without the pay annexed to that office, until further order of congress," In October they resolved, "That a board of war be established, to consist of three persons not members of congress." They now took up that business and proceeded to the election of the board, when major gen. Mifflin, col. Timothy Pickering, and col. Robert H. Harrison were elected. A fortnight after, in consequence of a conference between some of the members and Mifflin, they resolved, "That two. additional commissioners be appointed to execute the department of the war office;" and Harrison declining to serve, they on the 27th. proceeded to the election of three commissioners, when major gen. Gates, Joseph Trumbull and Richard Peters esqrs. were elected; it was then resolved, "That major gen. Gates be appointed president of the board of war." Gates was to retain his rank as major general in the army, and to officiate at the board or in the field as occasion might require.
The great business of the CONFEDERATION calls for our next attention. It was on the 1 ith of June 1776, that it was resolved to appoint a committee to prepare and digest the form of one. By the. 12th of July they brought in a draught, which was read and or-» dered to be printed for the consideration of congress alone; and no member was to furnish any person with his copy, or take any steps by which, the said confeden
C 4 ration
1777- ration might be re-printed. After having been before
congress nine and thirty times, on different days, a copy
of the confederation being made out, and sundry amend
i^ ments made in the diction, without altering the fense,
if. the same was agreed to on the 15th of last November,
and is as follows:
ARTICLES OF CONFEDERATION and PER.
Article 1. The stile of this confederacy shall be "The
Article a. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction and xight, which is not by this confederation expressly delegated to the United States in congress assembled.
Article 3. 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.
Article 4. 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 4 people people of each state shall have free ingress and regress im> 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 offence.
Full faith and credit (hall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.
Article 5. JFor 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 fend others in their stead, for the remainder of the year.
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 a delegate for more than three years in any term of fix years; nor shall any person, being a delegate, be capable of holding any office under
*777- the United States, for which he, or any other for his benefit, receives any salary, sees or emolument of any kind.
Each state shall maintain its own delegates in any 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 and imprisonments, during the time of their going to and from and attendance on congress, except for treason, felony or breach of the peace.
Article 6. 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 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. • 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 fame is to be entered into, and how long it shall continue.
No state shall lay any imposts or duties, which may 1777., interfere with any stipulations in treaties entered into by f 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 anybody 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 accoutred, and shall provide and have constantly 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 consent of the United States in congress assembled, unless such state be actually invaded by enemies, or shall have 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