Journals of the Continental Congress,
THURSDAY, JUNE, 25, 1778
...Congress took into consideration the representation from New Jersey, ∥on the articles of confederation,∥ which was read, as follows:
To the United States in Congress assembled. The representation of the Legislative Council and General Assembly of the State of New Jersey, sheweth,
That the articles of confederation and perpetual union, between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, proposed by the honble. the Congress of the said states, severally for their confirmation, have been by us fully and attentively considered: on which we beg leave to remark as follows:
1. In the fifth article, where, among other things, the qualifications of the delegates from the several states are described, there is no mention of any oath, test or declaration, to be taken or made by them previous to their admission to seats in Congress. It is indeed, to be presumed, the respective states will be careful that the delegates they send to assist in managing the general interests of the union, take the oaths to the government from which they derive their authority; but as the United States, collectively considered, have interests as well as each particular State, we are of opinion, that some test or obligation, binding each delegate while he continues in the trust, to consult and pursue the former as well as the latter, and particularly to assent to no vote or proceeding which may violate the general confederation, is necessary. The laws and usages of all civilized nations evince the propriety of an oath on such occasions, and the more solemn and important the deposit, the more strong and explicit ought the obligation to be.
2. By the sixth and ninth articles, the regulation of trade seems to be committed to the several states within their separate jurisdictions, in such a degree as may involve many difficulties and embarrassments, and be attended with injustice to some states in the union: we are of opinion, that the sole and exclusive power of regulating the trade of the United States with foreign nations, ought to be clearly vested in the Congress, and that the revenue arising from all duties and customs imposed thereon, ought to be appropriated to the building, equipping and manning a navy for the protection of the trade and defence of the coasts, and to such other public and general purposes as to the Congress shall seem proper, and for the common benefit of the states. This principle appears to us to be just, and it may be added, that a great security will by this means be derived to the union from the establishment of a common and mutual interest.1
[Note 1: 1 This paragraph was not inserted in the Journals by Charles Thomson, but by Thomas Edison.]
3. It is wisely provided in the sixth article, that no body of forces shall 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 states: we think it ought also to be provided and clearly expressed, that no body of troops be kept up by the United States in time of peace, except such number only as shall be allowed by the assent of nine states. A standing army, a military establishment, and every appendage thereof, in time of peace, is totally abhorrent from the ideas and principles of this State. In the memorable act of Congress, declaring the United Colonies free and independent states, it is emphatically mentioned, as one of the causes of separation from Great Britain, that the sovereign thereof had kept up among us, in time of peace, standing armies without the consent of the legislatures. It is to be wished the liberties and happiness of the people may by the confederation be carefully and explicitly guarded in this respect.
4. On the 8th article we observe, that as frequent settlements of the quotas for supplies and aids to be furnished by the several states, in support of the general treasury, will be requisite, so they ought to be secured. It cannot be thought improper or unnecessary to have them struck once at least in every five years, and oftener if circumstances will allow. The quantity or value of real property in some states may increase much more rapidly than in others, and therefore the quota, which is at one time just, will at another be disproportionate.
5. The boundaries and limits of each State ought to be fully and finally fixed and made known: this we apprehend would be attended with very salutary effects, by preventing jealousies as well as controversies, and promoting harmony and confidence among the states. If the circumstances of the times would not admit of this, previous to the proposal of the confederation to the several states, the establishment of the principles upon which, and the rule and mode by which the determination might be conducted, at a time more convenient and favorable for despatching the same at an early period, not exceeding five years from the final ratification of the confederation, would be satisfactory.
6. The 9th article provides, that no State shall be deprived of territory for the benefit of the United States; whether we are to understand, that by territory is intended any lands, the property of which was heretofore vested in the crown of Great Britain; or that no mention of such lands is made in the confederation, we are constrained to observe, that the present war, as we always apprehended, was undertaken for the general defence and interest of the confederating colonies, now the United States. It was ever the confident expectation of this State, that the benefits derived from a successful contest, were to be general and proportionate; and that the property of the common enemy, falling in consequence of a prosperous issue of the war, would belong to the United States, and be appropriated to their use. We are therefore greatly disappointed in finding no provision made in the confederation for empowering the Congress to dispose of such property, but especially the vacant and unpatented lands, commonly called the crown lands, for defraying the expences of the war, and for other such public and general purposes. The jurisdiction ought in every instance to belong to the respective states within the charter or determined limits of which such lands may be seated; but reason and justice must decide, that the property which existed in the crown of Great Britain, previous to the present revolution, ought now to belong to the Congress, in trust for the use and benefit of the United States. They have fought and bled for it, in proportion to their respective abilities, and therefore the reward ought not to be predilectionally distributed. Shall such states as are shut out by situation from availing themselves of the least advantage from this quarter, be left to sink under an enormous debt, whilst others are enabled, in a short period, to replace all their expenditures from the hard earnings of the whole confederacy?
7. The 9 article also provides, that the requisition for land forces to be furnished by the several states shall be proportioned to the number of white inhabitants in each. In the act of independence we find the following declaration: "We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights, among which are life, liberty, and the pursuit of happiness:" of this doctrine it is not a very remote consequence, that all the inhabitants of every society, be the colour of their complexion what it may, are bound to promote the interest thereof, according to their respective abilities. They ought therefore to be brought into the account on this occasion. But, admitting necessity or expediency to justify the refusal of liberty in certain circumstances to persons of a particular colour, we think it unequal to reckon nothing upon such in this case. Should it be improper, for special local reasons, to admit them in arms for the defence of the nation, yet we conceive the proportion of forces to be embodied ought to be fixed according to the whole number of inhabitants in the State, from whatever class they may be raised. If the whole number of inhabitants in a State, whose inhabitants are all whites, both those who are called into the field, and those who remain to till the ground, and labour in mechanical arts and otherwise, are reckoned in the estimate for striking the proportion of forces to be furnished by that State, ought even a part of the latter description to be left out in another? As it is of indispensable necessity in every war, that a part of the inhabitants be employed for the uses of husbandry and otherwise at home, while others are called into the field, there must be the same propriety that persons of a different colour, who are employed for this purpose in one State, while whites are employed for the same purpose in another, be reckoned in the account of the inhabitants in the present instance.
8. In order that the quota of troops to be furnished in each State, on occasion of a war, may be equitably ascertained, we are of opinion that the inhabitants of the several states ought to be numbered as frequently as the nature of the case will admit, and once at least every five years. The disproportionate increase in the population of different states may render such provision absolutely necessary.
9. It is provided in the 9th article, that the assent of nine states out of thirteen shall be necessary to determine in sundry cases of the highest concern. If this proportion be proper and just, it ought to be kept up, should the states increase in number, and a declaration thereof be made, for the satisfaction of the Union.
That we think it our indispensable duty to solicit the attention of Congress to these considerations and remarks, and to request that the purport and meaning of them be adopted as part of the general confederation; by which means we apprehend the mutual interests of all the states will be better secured and promoted, and that the legislature of this State will then be justified in ratifying the same.
Whereupon, a motion was made,
That the several articles in the confederation, referred to in the representation of the State of New Jersey, be so far re-considered as to admit the purport and meaning of the additions, alterations, and amendments, proposed in the said representation:
Question put,
Passed in the negative, 3 ayes, 6 noes, one divided.
The delegates of Pennsylvania were then called on for the report of their constituents relative to the articles of confederation; Whereupon,
They moved in behalf of their State:
1. In the first paragraph of the 5th article, to expunge the words "for the remainder of the year:"
Question put,
Passed in the negative, 2 ayes, 8 noes, 1 divided.
2. That such part of the 9th article as respects the post office, be altered or amended, so as that Congress be obliged to lay the accounts annually before the legislature of the several states:
Question put,
Passed in the negative, 2 ayes, 9 noes.
3. In the 5th paragraph of the 9 article, to expunge the word "white:"
Question put,
Passed in the negative, 3 ayes, 7 noes, one divided.
4. In the last section of the 9th article, after the word "delegates," add "respectively:"
Question put,
Passed in the negative, 1 ay, 10 noes.
The delegates from Virginia being called on for the report of their constituents, relative to the articles of confederation, informed Congress,
That they are empowered to ratify the same as they now stand.
The delegates from South Carolina being called upon for the report of their constituents upon the confederation, moved in behalf of their State:
1. In article 4th, between the words "free inhabitants," to insert "white:"
Passed in the negative, 2 ayes, 8 noes, 1 divided.
2. In the next line, after "these states," insert "those who refuse to take up arms in defence of the confederacy:"
Passed in the negative, 3 ayes, 8 noes.
3. After the words "the several states," insert "according to the law of such states respectively, for the government of their own free white inhabitants:"
Passed in the negative, 2 ayes, 8 noes, 1 divided.
4. After the words "of which the owner is an inhabitant," insert "except in cases of embargo:"
Passed in the negative, 2 ayes, 9 noes.
5. In the 1 paragraph of 5 article, strike out "first Monday in November," and insert "nineteenth day of April:"
Passed in the negative, 1 ay, 9 noes, 1 divided.
6. In the 2 paragraph of 5 article, substitute "three," in place of "two," and "two" in place of "three," and "four" in place of "six:"
Passed in the negative, 2 ayes, 9 noes.
7. In 3 paragraph of 5 article, for "committee," read "grand council:"
Passed in the negative, 1 ay, 9 noes, 1 divided.
8. In the first paragraph of 6 article, for "prince or state," read "prince or foreign state, except the same be upon the subject of commerce, nor then so as to interfere with any treaty or alliance of the United States made or treaty proposed by Congress:"
Passed in the negative, 2 ayes, 9 noes.
9. In 2d paragraph of 6 article, strike out "by some nation of Indians," and after the words "to invade such state," insert "or upon requisition to assist a sister state actually invaded or threatened with an invasion:"
Passed in the negative, 3 ayes, 8 noes.
10. In 1 paragraph of 7 article, strike out the words "of or under the rank of colonel," and after "shall be appointed," insert "and commissioned:"
Passed in the negative, 2 ayes, 8 noes, 1 divided.
11. At the end of the 7 article add,
"The troops to be raised shall be deemed the troops of that State by which they are raised. The Congress or grand council of the states may, when they think proper, make requisition to any States for two-thirds of the troops to be raised; which requisition shall be binding upon the said states respectively; but the remaining third shall not be liable to be drawn out of the State in which they are raised, without the consent of the executive authority of the same. When any forces are raised, they shall be under the command of the executive authority of the State in which they are so raised, unless they be joined by troops from any other State, in which case the Congress or grand council of the states may appoint a general officer to take the command of the whole: and until the same can be done, the command shall be in the senior officer present, who shall be amenable for his conduct to the executive authority of the State in which the troops are, and shall be liable to be suspended thereby. The expences of the troops so to be raised, shall be defrayed by the State to which they belong; but when called into service by the United States, they shall be fed and paid at the expence of the United States:"
Passed in the negative, two ayes, nine noes.
12. In the 1st. line of 8 article, strike out the words "charges of war and all other:"
Passed in the negative, 2 ayes, 8 noes, 1 divided.
13. In the same article, strike out the words "according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint;" and instead of "and improvements thereon shall be estimated," read "and improvements thereon shall by periods of years not exceeding ten, as often as may be required by Congress, be generally estimated by persons to be appointed by the legislatures of the respective states, to value the same upon oath:"
Passed in the negative, 2 ayes, 9 noes.
14. In the first paragraph of 9th article, strike out "appointing courts for the trial of piracies and felonies committed on the high seas," and in lieu thereof, insert "declaring what acts committed on the high seas shall be deemed piracies or felonies:"
Passed in the negative, 2 ayes, 9 noes.
15. In the second paragraph of 9 article, for "be the last resort on appeal," read "decide and determine," and strike out "all that relates to the mode of settling differences between states, and controversies concerning the private right of soil:"
Passed in the negative, 2 ayes, 9 noes.
16. In the 5 paragraph of 9 article, after the words "in any term of," strike out "three," and insert "two:"
Passed in the negative, 3 ayes, 7 noes, 1 divided.
17. In the 6 paragraph of 9 article, for "unless nine states," read "unless eleven states:"
Passed in the negative, 2 ayes, 9 noes.
18. At the end of the same paragraph, strike out the words "in Congress assembled:"
Passed in the negative, 1 ay, 10 noes.
19. In the last paragraph of the 9th article, after the words "and the yeas and nays of the delegates of each state on," for "any" read "every," and strike out the words "when it is desired by any delegate:"
Passed in the negative, 2 ayes, 9 noes.
20. In the same sentence, strike out the words "a state or," and the words "at his or their request," and after the words "and the" insert "respective states or the," and after "shall," insert "upon requisition:"
Passed in the negative, 1 ay, 10 noes.
21. In the last sentence of the 13 article, amend the last clause so as to read "unless such alteration be agreed to by eleven of the United States in Congress assembled, and be afterwards confirmed by the legislatures of eleven of the United States:"
Passed in the negative, 3 ayes, 6 noes, 2 divided.
The delegate from Georgia being called on for the report of his constituents on the Confederation, informed Congress that he has not yet received any instructions or orders respecting the same; but that his State having shewn so much readiness to ratify the articles of Confederation, even in an imperfect state, and it being so much for their interest, that the confederation should be ratified, he had no doubt of their agreeing to it as it now stands.
Delaware and North Carolina absent ∥not having delegates present in Congress, no report was received from them, saving what is contained in Governor Caswell's letter, informing, that the legislature of North Carolina have agreed to the articles of confederation.∥
Resolved, That a committee of three be appointed to prepare the form of a ratification of the articles of confederation:
The members chosen, Mr. R[ichard] H[enry] Lee, Mr. G[ouverneur] Morris, and Mr. [Francis] Dana.
Adjourned to 10 o'Clock, to Morrow.
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