Showing posts with label Early US Documents. Show all posts
Showing posts with label Early US Documents. Show all posts

Sunday, June 12, 2011

Massachusetts Body of Liberties

December 10, 1641

The free fruition of such liberties Immunities and privileges as humanity, Civility, and Christianity call for as due to every man in his place and proportion without impeachment and Infringement has ever been and ever will be the tranquillity and Stability of Churches and Commonwealths. And the denial or deprival thereof, the disturbance if not the ruin of both.

We hold it therefore our duty and safety while we are about the further establishing of this Government to collect and express all such freedoms as for present we foresee may concern us, and our posterity after us, And to ratify them with our solemn consent.

We do therefore this day religiously and unanimously decree and confirm these following Rites, liberties and privileges concerning our Churches, and Civil State to be respectively impartial and inviolably enjoyed and observed throughout our Jurisdiction for ever.

1.     No man's life shall be taken away, no man's honor or good name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any wages punished, no man shall be deprived of his wife or children, no man's goods or estate shall be taken away from him, nor any way damaged under color of law or Countenance of Authority, unless it be by virtue or equity of some express law of the Country warranting the same, established by a general Court and sufficiently published, or in case of the defect of a law in any particular case by the word of god. And in Capital cases, or in cases concerning dismembering or banishment, according to that word to be judged by the General Court.

2.     Every person within this Jurisdiction, whether Inhabitant or foreigner shall enjoy the same justice and law, that is general for the plantation, which we constitute and execute one towards another without partiality or delay.

3.     No man shall be urged to take any oath or subscribe any articles, covenants or remonstrance, of a public and Civil nature, but such as the General Court hath considered, allowed, and required.

4.     No man shall be punished for not appearing at or before any Civil Assembly, Court, Council, Magistrate, or Officer, nor for the omission of any office or service, if he shall be necessarily hindered by any apparent Act or providence of God, which he could neither foresee nor avoid. Provided that this law shall not prejudice any person of his just cost or damage, in any civil action.

5.     No man shall be compelled to any public work or service unless the press be grounded upon some act of the general Court, and have reasonable allowance therefore.

6.     No man shall be pressed in person to any office, work, wars or other public service, that is necessarily and sufficiently exempted by any natural or personal impediment, as by want of years, greatness of age, defect of mind, failing of senses, or impotence of Limbs.

7.     No man shall be compelled to go out of the limits of this plantation upon any offensive wars which this Commonwealth or any of our friends or confederates shall voluntarily undertake. But only upon such vindictive and defensive wars in our own behalf or the behalf of our friends and confederates as shall be enterprised by the Council and consent of a Court general, or by Authority derived from the same.

8.     No man's Cattle or goods of any kind shall be pressed or taken for any public use or service, unless it be by warrant grounded upon some act of the general Court, nor without such reasonable prices and hire as the ordinary rates of the Country do afford. And if his Cattle or goods shall perish or suffer damage in such service, the owner shall be sufficiently recompensed.

9.     No monopolies shall be granted or allowed among us, but of such new Inventions that are profitable to the Country, and that for a short time.

10.     All our lands and heritages shall be free from all fines and licenses upon Alienation, and from all hariotts, wardships, Liveries, Primerseisins, year day and wast, Escheats, and forfeitures, upon the deaths of parents or Ancestors, be they natural, causal or Judicial.

11.     All persons which are of the age of 21 years, and of right understanding and memories, whether excommunicate or condemned shall have full power and liberty to make there wills and testaments, and other lawful alienation of their lands and estates.

12.     Every man whether Inhabitant or foreigner, free or not free shall have liberty to come to any public Court, Council, or Town meeting, and either by speech or writing to move any lawful, seasonable, and material question, or to present any necessary motion, complaint, petition, Bill or information, whereof that meeting hath proper cognizance, so it be done in convenient time, due order, and respective manner.

13.     No man shall be assessed here for any estate or revenue he has in England, property or in any foreign parts till it be transported hither.

14.     Any Conveyance or Alienation of land or other estate whatsoever, made by any woman that is married, any child under age, Idiot or distracted person, shall be good if it be passed and ratified by the consent of a general Court.

15.     All Covinous or fraudulent Alienation or Conveyances of lands, tenements, or any hereditaments, shall be of no validity to defeat any man from due debts or legacies, or from any just title, claim or possession, of that which is so fraudulently conveyed.

16.     Every Inhabitant that is an house holder shall have free fishing and fowling in any great ponds and Bays, Coves and Rivers, so far as the sea ebbs and flows within the precincts of the town where they dwell, unless the free men of the same Town or the General Court have otherwise appropriated them, provided that this shall not be extended to give leave to any man to come upon others propriety without there leave.

17.     Every man of or within this Jurisdiction shall have free liberty, notwithstanding any Civil power to remove both himself, and his family at their pleasure out of the same, provided there be no legal impediment to the contrary.

Rights, Rules and Liberties concerning Judicial proceedings.

18.     No man's person shall be restrained or imprisoned by any Authority whatsoever, before the law has sentenced him thereto, If he can put in sufficient security, bail or mainprise, for his appearance, and good behavior in the mean time, unless it be in Crimes Capital, and Contempts in open Court, and in such cases where some express act of Court dos allow it.

19.     If in a general Court any miscarriage shall be among the Assistants when assistants and they are by themselves that may deserve an Admonition or fine under 20 sh. it shall be examined and sentenced among themselves, If among the Deputies when they are by themselves, It shall be examined and sentenced among themselves, If it be when the whole Court is together, it shall be judged by the whole Court, and not severally as before.

20.     If any which are to sit as Judges in any other Court shall demean themselves offensively in the Court, the rest of the Judges present shall have power to censure him for it, if the cause be of a high nature it shall be presented to and censured at the next superior Court.

21.     In all cases where the first summons are not served six days before the Court, and the cause briefly specified in the warrant, where appearance is to be made by the party summoned, it shall be at his liberty whether he will appear or no, except all cases that are to be handled in Courts suddenly called, upon extraordinary occasions, In all cases where there appears present and urgent cause Any Assistant or officer appointed shall have power to make out Attachments for the first summons.

22.     No man in any suit or action against an other shall falsely pretend great debts or damages to vex his Adversary, if it shall appear any does so, The Court shall have power to set a reasonable fine on his head.

23.     No man shall be adjudged to pay for detaining any debt from any Creditor above eight pounds in the hundred for one year, And not above that rate proportionable for all sums what so ever, neither shall this be a color or countenance to allow any usury amongst us contrary to the law of god.

24.     In all Trespasses or damages done to any man or men, If it can be proved to be done by the mere default of him or them to whom the trespass is done, It shall be judged no trespass, nor any damage given for it.

25.     No Summons pleading Judgement, Or any kind of proceeding in Court or course of Justice shall be abated, arrested or reversed upon any kind of circumstantial errors or mistakes, If the person and cause be rightly understood and intended by the Court.

26.     Every man that finds himself unfit to plead his own cause in any Court shall have Liberty to employ any man against whom the Court does not except, to help him, Provided he give him no fee or reward for his pains. This shall not exempt the party himself from Answering such Questions in person as the Court shall think meet to demand of him.

27.     If any plaintiff shall give into any Court a declaration of his cause in writing, The defendant shall also have liberty and time to give in his answer in writing, And so in all further proceedings between party and party, So it doth not further hinder the dispatch of Justice then the Court shall be willing unto.

28.     The plaintiff in all Actions brought in any Court shall have liberty to withdraw his Action, or to be nonsuited before the Jury hath given in their verdict, in which case he shall always pay full cost and charges to the defendant, and may afterwards renew his suite at an other Court if he please.

29.     In all Actions at law it shall be the liberty of the plaintiff and defendant by mutual consent to choose whether they will be tried by the Bench or by a Jury, unless it be where the law upon just reason hath otherwise determined. The like liberty shall be granted to all persons in Criminal cases.

30.     It shall be in the liberty both of plaintiff and defendant, and likewise every delinquent (to be judged by a Jury) to challenge any of the Jurors. And if his challenge be found just and reasonable by the Bench, or the rest of the Jury, as the challenger shall choose it shall be allowed him, and tales de circumstantibus impaneled in their room.

31.     In all cases where evidence is so obscure or defective that the Jury cannot clearly and safely give a positive verdict, whether it be a grand or petit Jury, It shall have liberty to give a non suit, or a special verdict, in which last, that is in a special verdict, the Judgment of the cause shall be left to the Court, and all Jurors shall have liberty in matters of fact if they cannot find the main issue, yet to find and present in their verdict so much as they can, If the Bench and Jurors shall so differ at any time about their verdict that either of them cannot proceed with peace of conscience the case shall be referred to the General Court, who shall take the question from both and determine it.

32.     Every man shall have liberty to replevy his Cattle or goods impounded, distrained, seised, or extended; unless it be upon execution after Judgment, and in payment of fines. Provided he puts in good security to prosecute his replevin, And to satisfy such demands as his Adversary shall recover against him in Law.

33.     No man's person shall be Arrested, or imprisoned upon execution or judgment for any debt or fine, If the law can find competent means of satisfaction otherwise from his estate, and if not his person may be arrested and imprisoned where he shall be kept at his own charge, not the plaintiff's till satisfaction be made: unless the Court that had cognizance of the cause or some superior Court shall otherwise provide.

34.     If any man shall be proved and Judged a common Barrator vexing others with unjust frequent and endless suites, It shall be in the power of Courts both to deny him the benefit of the law, and to punish him for his Barratry.

35.     No man's Corn nor hay that is in the field or upon the Cart, nor his garden stuff, nor any thing subject to present decay, shall be taken in any distress, unless he that takes it does presently bestow it where it may not be embezzled nor suffer spoil or decay, or give security to satisfy the worth thereof if it comes to any harm.

36.     It shall be in the liberty of every man cast condemned or sentenced in any cause in any Inferior Court, to make their Appeal to the Court of Assistants, provided they tender their appeal and put in security to prosecute it before the Court be ended wherein they were condemned, And within six days next ensuing put in good security before some Assistant to satisfy what his Adversary shall recover against him; And if the cause be of a Criminal nature, for his good behavior, and appearance, And every man shall have liberty to complain to the General Court of any Injustice done him in any Court of Assistants or other.

37.     In all cases where it appears to the Court that the plaintiff has willingly and wittingly done wrong to the defendant in commencing and prosecuting any action or complaint against him, They shall have power to impose upon him a proportionable fine to the use of the defendant, or accused person, for his false complaint or clamor.

38.     Every man shall have liberty to Record in the public Roles of any Court any Testimony given upon oath in the same Court, or before two Assistants, or any deed or evidence legally confirmed there to remain in perpetuum rei memoriam, that is for perpetual memorial or evidence upon occasion.

39.     In all actions both real and personal between party and party, the Court shall have power to respite execution for a convenient time, when in their prudence they see just cause so to do.

40.     No Conveyance, Deed, or promise whatsoever shall be of validity, If it be gotten by Illegal violence, imprisonment, threatenings, or any kind of forcible compulsion called Duress.

41.     Every man that is to Answer for any Criminal cause, whether he be in prison or under bail, his cause shall be heard and determined at the next Court that hath proper Cognizance thereof, And may be done without prejudice of Justice.

42.     No man shall be twice sentenced by Civil Justice for one and the same Crime, offense, or Trespass.

43.     No man shall be beaten with above 40 stripes, nor shall any true gentleman, nor any man equal to a gentleman be punished with whipping, unless his crime be very shameful, and his course of life vicious and profligate.

44.     No man condemned to die shall be put to death within four days next after his condemnation, unless the Court see special cause to the contrary, or in case of martial law, nor shall the body of any man so put to death be unburied 12 hours, unless it be in case of Anatomy.

45.     No man shall be forced by Torture to confess any Crime against himself nor any other unless it be in some Capital case where he is first fully convicted by clear and sufficient evidence to be guilty, After which if the cause be of that nature, That it is very apparent there be other conspirators, or confederates with him, Then he may be tortured, yet not with such Tortures as be Barbarous and inhumane.

46.     For bodily punishments we allow among us none that are inhumane Barbarous or cruel.

47.     No man shall be put to death without the testimony of two or three witnesses or that which is equivalent thereunto.

48.     Every Inhabitant of the Country shall have free liberty to search and view any Roles, Records, or Registers of any Court or office except the Council, And to have a transcript or exemplification thereof written examined, and signed by the hand of the officer of the office paying the appointed fees therefore.

49.     No free man shall be compelled to serve upon Juries above two Courts in a year, except grand Jury men, who shall hold two Courts together at the least.

50.     All Jurors shall be chosen continually by the freemen of the Town where they dwell.

51.     All Associates selected at any time to Assist the Assistants in Inferior Courts shall be nominated by the Towns belonging to that Court, by orderly agreement among themselves.

52.     Children, Idiots, Distracted persons, and all that are strangers, or new comers to our plantation, shall have such allowances and dispensations in any Cause whether Criminal or other as religion and reason require.

53.     The age of discretion for passing away of lands or such kind of hereditaments, or for giving of votes, verdicts or Sentence in any Civil Courts or causes, shall be one and twenty years.

54.     Whensoever anything is to be put to vote, any sentence to be pronounced, or any other matter to be proposed, or read in any Court or Assembly, If the president or moderator thereof shall refuse to perform it, the Major part of the members of that Court or Assembly shall have power to appoint any other meet man of them to do it, And if there be just cause to punish him that should and would not.

55.     In all suites or Actions in any Court, the plaintiff shall have liberty to make all the titles and claims to that he sues for he can. And the Defendant shall have liberty to plead all the pleas he can in answer to them, and the Court shall judge according to the entire evidence of all.

56.     If any man shall behave himself offensively at any Town meeting, the rest of the freemen then present, shall have power to sentence him for his offence. So be it the mulct or penalty exceed not twenty shillings.

57.     Whensoever any person shall come to any very sudden untimely and unnatural death, Some assistant, or the Constables of that Town shall forthwith summon a Jury of twelve free men to inquire of the cause and manner of their death, and shall present a true verdict thereof to some near Assistant, or the next Court to be held for that Town upon their oath.

Liberties more peculiarly concerning the free men.

58.     Civil Authority hath power and liberty to see the peace, ordinances and Rules of Christ observed in every church according to his word. so it be done in a Civil and not in an Ecclesiastical way.

59.     Civil Authority has power and liberty to deal with any Church member in a way of Civil Justice, notwithstanding any Church relation, office or interest.

60.     No church censure shall degrade or depose any man from any Civil dignity, office, or Authority he shall have in the Commonwealth.

61.     No Magistrate, Juror, Officer, or other man shall be bound to inform present or reveal any private crime or offence, wherein there is no peril or danger to this plantation or any member thereof, when any necessary type of conscience binds him to secrecy grounded upon the word of god, unless it be in case of testimony lawfully required.

62.     Any Shire or Town shall have liberty to choose their Deputies whom and where they please for the General Court. So be it they be free men, and have taken there oath of fealty, and Inhabiting in this Jurisdiction.

63.     No Governor, Deputy Governor, Assistant, Associate, or grand Jury man at any Court, nor any Deputy for the General Court shall at any time bear his own charges at any Court, but their necessary expenses shall be defrayed either by the Town or Shire on whose service they are, or by the Country in general.

64.     Every Action between party and party, and proceedings against delinquents in Criminal causes shall be briefly and distinctly entered on the Roles of every Court by the Recorder thereof. That such actions be not afterwards brought again to the vexation of any man.

65.     No custom or prescription shall ever prevail amongst us in any moral cause, our meaning is maintain anything that can be proved to be morally sinful by the word of god.

66.     The Freemen of every Township shall have power to make such by laws and constitutions as may concern the welfare of their Town, provided they be not of a Criminal, but only of a prudential nature, And that their penalties exceed not 20 sh. for one offense. And that they be not repugnant to the public laws and orders of the Country. And if any Inhabitant shall neglect or refuse to observe them, they shall have power to levy the appointed penalties by distress.

67.     It is the constant liberty of the free men of this plantation to choose yearly at the Court of Election out of the freemen all the General officers of this Jurisdiction. If they please to discharge them at the day of Election by way of vote. They may do it without showing cause. But if at any other general Court, we hold it due justice, that the reasons thereof be alleged and proved. By General officers we mean, our Governor, Deputy Governor, Assistants, Treasurer, General of our wars. And our Admiral at Sea, and such as are or hereafter may be of the like general nature.

68.     It is the liberty of the freemen to choose such deputies for the General Court out of themselves, either in their own Towns or elsewhere as they judge fittest. And because we cannot foresee what variety and weight of occasions may fall into future consideration, And what counsels we may stand in need of, we decree. That the Deputies (to attend the General Court in the behalf of the Country) shall not any time be stated or enacted, but from Court to Court, or at the most but for one year, that the Country may have an Annual liberty to do in that case what is most behooveful for the best welfare thereof.

69.     No General Court shall be dissolved or adjourned without the assent of the Major part thereof.

70.     All Freemen called to give any advice, vote, verdict, or sentence in any Court, Council, or Civil Assembly, shall have full freedom to do it according to their true Judgments and Consciences, So it be done orderly and inoffensively for the manner.

71.     The Governor shall have a casting voice whensoever an Equal vote shall fall out in the Court of Assistants, or general assembly, So shall the president or moderator have in all Civil Courts or Assemblies.

72.     The Governor and Deputy Governor Jointly consenting or any three Assistants concurring in consent shall have power out of Court to reprieve a condemned malefactor, till the next quarter or general Court. The general Court only shall have power to pardon a condemned malefactor.

73.     The General Court has liberty and Authority to send out any member of this Commonwealth of what quality, condition or office whatsoever into foreign parts about any public message or Negotiation. Provided the party sent be acquainted with the affair he goes about, and be willing to undertake the service.

74.     The freemen of every Town or Township, shall have full power to choose yearly or for less time out of themselves a convenient number of fit men to order the planting or prudential occasions of that Town, according to Instructions given them in writing, Provided nothing be done by them contrary to the public laws and orders of the Country, provided also the number of such select persons be not above nine.

75.     It is and shall be the liberty of any member or members of any Court, Council or Civil Assembly in cases of making or executing any order or law, that properly concern religion, or any cause capital, or wars, or Subscription to any public articles or Remonstrance, in case they cannot in Judgment and conscience consent to that way the Major vote or suffrage goes, to make their contra Remonstrance or protestation in speech or writing, and upon request to have their dissent recorded in the Roles of that Court. So it be done Christianly and respectively for the manner. And their dissent only be entered without the reasons thereof, for the avoiding of tediousness.

76.     Whensoever any Jury of trials or Jurors are not clear in their Judgments or consciences concerning any cause wherein they are to give their verdict, They shall have liberty in open Court to advise with any man they think fit to resolve or direct them, before they give in their verdict.

77.     In all cases wherein any freeman is to give his vote, be it in point of Election, making constitutions and orders, or passing sentence in any case of Judicature or the like, if he cannot see reason to give it positively one way or an other, he shall have liberty to be silent, and not pressed to a determined vote.

78.     The General or public Treasure or any part thereof shall never be expended but by the appointment of a General Court, nor any Shire Treasure, but by the appointment of the freemen thereof, nor any Town Treasury but by the freemen of that Township.

Liberties of Women

79.     If any man at his death shall not leave his wife a competent portion of his estate, upon just complaint made to the General Court she shall be relieved.

80.     Every married woman shall be free from bodily correction or stripes by her husband, unless it be in his owe defence upon her assault. If there be any just cause of correction complaint shall be made to Authority assembled in some Court, from which only she shall receive it.

Liberties of Children.

81.     When parents die intestate, the Elder son shall have a double portion of his whole estate real and personal, unless the General Court upon just cause alleged shall Judge otherwise.

82.     When parents die intestate having no heir males of their bodies their Daughters shall inherit as copartners, unless the General Court upon just reason shall judge otherwise.

83.     If any parents shall wilfully and unreasonably deny any child timely or convenient marriage, or shall exercise any unnatural severity towards them, such children shall have free liberty to complain to Authority for redress.

84.     No Orphan during their minority which was not committed to tuition or service by the parents in their life time shall afterwards be absolutely disposed of by any kindred, friend, Executor, Township, or Church, nor by themselves without the consent of some Court, wherein two Assistants at least shall be present.

Liberties of Servants.

85.     If any servants shall flee from the Tyranny and cruelty of their masters to the house of any freeman of the same Town, they shall be there protected and sustained till due order be taken for their relief. Provided due notice thereof be speedily given to their masters from whom they fled. And the next Assistant or Constable where the party flying is harbored.

86.     No servant shall be put of for above a year to any other neither in the life time of their master nor after their death by their Executors or Administrators unless it be by consent of Authority assembled in some Court or two Assistants.

87.     If any man smite out the eye or tooth of his man-servant, or maid servant, or otherwise maim or much disfigure him, unless it be by mere casualty, he shall let them go free from his service. And shall have such further recompense as the Court shall allow him.

88.     Servants that have served diligently and faithfully to the benefit of their masters seven years, shall not be sent away empty. And if any have bene unfaithful, negligent or unprofitable in their service, notwithstanding the good usage of their masters, they shall not be dismissed till they have made satisfaction according to the Judgement of Authority.

Liberties of Foreigners and Strangers.

89.     If any people of other Nations professing the true Christian Religion shall flee to us from the Tyranny or oppression of their persecutors, or from famine, wars, or the like necessary and compulsory cause, They shall be entertained and secured among us, according to that power and prudence god shall give us.

90.     If any ships or other vessels, be it friend or enemy, shall suffer shipwreck upon our Coast, there shall be no violence or wrong offered to their persons or goods. But their persons shall be harbored, and relieved, and their goods preserved in safety till Authority may be certified thereof, and shall take further order therein.

91.     There shall never be any bond slavery, villenage or Captivity amongst us unless it be lawful Captives taken in just wars, and such strangers as willingly sell themselves or are sold to us. And these shall have all the liberties and Christian usages which the law of god established in Israel concerning such persons doeth morally require. This exempts none from servitude who shall be Judged thereto by Authority.

Of the Brute Creature.

92.     No Man shall exercise any Tyranny or Cruelty towards any brute Creature which are usually kept for man's use.

93.     If any man shall have occasion to lead or drive Cattle from place to place that is far of, so that they be weary, or hungry, or fall sick, or lame, It shall be lawful to rest or refresh them, for a competent time, in any open place that is not Corn, meadow, or enclosed for some peculiar use.

94.     Capital Laws.

  1.   If any man after legal conviction shall have or worship any other god, but the lord god, he shall be put to death. Dut. 13:6, 10. Dut. 17:2, 6. Ex. 22:20.

  2.   If any man or woman be a witch, (that has or consults with a familiar spirit,) They shall be put to death. Ex. 22:18. Lev. 20:27. Dut. 18:10.

  3.   If any man shall Blaspheme the name of god, the father, Son or Holy ghost, with direct, express, presumptuous or high handed blasphemy, or shall curse god in the like manner, he shall be put to death. Lev. 24:15, 16.

  4.   If any person commit any wilful murder, which is manslaughter, committed upon premeditated malice, hatred, or Cruelty, not in a mans necessary and just defense, nor by mere casualty against his will, he shall be put to death. Ex. 21:12. Numb. 35:13, 14, 30, 31.

  5.   If any person slays another suddenly in his anger or Cruelty of passion, he shall be put to death. Numb. 25:20, 21. Lev. 24:17.

  6.   If any person shall slay an other through guile, either by poisoning or other such devilish practice, he shall be put to death. Ex. 21:14.

  7.   If any man or woman shall lie with any beast or brute creature by Carnal Copulation, They shall surely be put to death. And the beast shall be slain and buried and not eaten. Lev. 20:15, 16.

  8.   If any man lies with mankind as he lies with a woman, both of them have committed abomination, they both shall surely be put to death. Lev. 20:13.

  9.   If any person commits Adultery with a married or espoused wife, the Adulterer and Adulteress shall surely be put to death.

  10.   If any man steals a man or mankind, he shall surely be put to death.

  11.   If any man rise up by false witness, wittingly and of purpose to take away any man's life, he shall be put to death.

  12.   If any man shall conspire and attempt any invasion, insurrection, or public rebellion against our commonwealth, or shall endeavor to surprise any Town or Towns, fort or forts therein, or shall treacherously and perfidiously attempt the alteration and subversion of our frame of polity or Government fundamentally, he shall be put to death.

95.     A Declaration of the Liberties the Lord Jesus hath given to the Churches.

  1.   All the people of god within this Jurisdiction who are not in a church way, and be orthodox in Judgment, and not scandalous in life, shall have full liberty to gather themselves into a Church Estate. Provided they do it in a Christian way, with due observation of the rules of Christ revealed in his word.

  2.   Every Church has full liberty to exercise all the ordinances of god, according to the rules of scripture.

  3.   Every Church has free liberty of Election and ordination of all their officers from time to time, provided they be able, pious and orthodox.

  4.   Every Church has free liberty of Admission, Recommendation, Dismissal, and Expulsion, or deposal of their officers and members, upon due cause, with free exercise of the Discipline and Censures of Christ according to the rules of his word.

  5.   No Injunctions are to be put upon any Church, Church officers or member in point of Doctrine, worship or Discipline, whether for substance or circumstance besides the Institutions of the lord.

  6.   Every Church of Christ hath freedom to celebrate days of fasting and prayer, and of thanksgiving according to the word of god.

  7.   The Elders of Churches have free liberty to meet monthly, Quarterly, or otherwise, in convenient numbers and places, for conferences and consultations about Christian and Church questions and occasions.

  8.   All Churches have liberty to deal with any of their members in a church way that are in the hand of Justice. So it be not to retard or hinder the course thereof.

  9.   Every Church has liberty to deal with any magistrate, Deputy of Court or other officer whatsoever that is a member in a church way in case of apparent and just offence given in their places, so it be done with due observance and respect.

  10.   We allow private meetings for edification in religion among Christians of all sorts of people. So it be without just offense for number, time, place, and other circumstances.

  11.   For the preventing and removing of error and offense that may grow and spread in any of the Churches in this Jurisdiction, and for the preserving of truth and peace in the several churches within themselves, and for the maintenance and exercise of brotherly communion, among all the churches in the Country, It is allowed and ratified, by the Authority of this General Court as a lawful liberty of the Churches of Christ. That once in every month of the year (when the season will bear it) It shall be lawful for the ministers and Elders, of the Churches near adjoining together, with any other of the brethren with the consent of the churches to assemble by course in each several Church one after an other. To the intent after the preaching of the word by such a minister as shall be requested thereto by the Elders of the church where the Assembly is held, The rest of the day may be spent in public Christian Conference about the discussing and resolving of any such doubts and cases of conscience concerning matter of doctrine or worship or government of the church as shall be propounded by any of the Brethren of that church, with leave also to any other Brother to propound his objections or answers for further satisfaction according to the word of god. Provided that the whole action be guided and moderated by the Elders of the Church where the Assembly is held, or by such others as they shall appoint. And that no thing be concluded and imposed by way of Authority from one or more Churches upon an other, but only by way of Brotherly conference and consultations. That the truth may be searched out to the satisfying of every mans conscience in the sight of god according to his word. And because such an Assembly and the work thereof can not be duly attended to if other lectures be held in the same week. It is therefore agreed with the consent of the Churches. That in that week when such an Assembly is held, All the lectures in all the neighboring Churches for that week shall be forborne. That so the public service of Christ in this more solemn Assembly may be transacted with greater diligence and attention.

96.     Howsoever these above specified rites, freedoms, Immunities, Authorities and privileges, both Civil and Ecclesiastical are expressed only under the name and title of Liberties, and not in the exact form of Laws or Statutes, yet we do with one consent fully Authorize, and earnestly entreat all that are and shall be in Authority to consider them as laws, and not to fail to inflict condign and proportionable punishments upon every man impartially, that shall infringe or violate any of them.

97.     We likewise give full power and liberty to any person that shall at any time be denied or deprived of any of them, to commence and prosecute their suit, Complaint or action against any man that shall so do in any Court that has proper Cognizance or judicature thereof.

98.     Lastly because our duty and desire is to do nothing suddenly which fundamentally concern us, we decree that these rites and liberties, shall be Audibly read and deliberately weighed at every General Court that shall be held, within three years next ensuing. And such of them as shall not be altered or repealed they shall stand so ratified, That no man shall infringe them without due punishment.

And if any General Court within these next three years shall fail or forget to read and consider them as above said. The Governor and Deputy Governor for the time being, and every Assistant present at such Courts shall forfeit 20 sh. a man, and every Deputy 10 sh. a man for each neglect, which shall be paid out of their proper estate, and not by the Country or the Towns which choose them, and whensoever there shall arise any question in any Court among the Assistants and Associates thereof about the explanation of these Rites and liberties, The General Court only shall have power to interpret them.

Sunday, May 22, 2011

Continental Association

Articles of Association, 1774

The Association was a universal prohibition of trade with Great Britain. Though it made a handful of exceptions, it prohibited import, consumption, and export of goods with England. Unlike most of the individual associations, it established citizen committees to enforce the act throughout the colonies.

IN CONGRESS IN PHILADELPHIA

October 20, 1774

We, his majesty's most loyal subjects, the delegates of the several colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties of Newcastle, Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, and South Carolina, deputed to represent them in a continental Congress, held in the city of Philadelphia, on the 5th day of September, 1774, avowing our allegiance to his majesty, our affection and regard for our fellow subjects in Great Britain and elsewhere, affected with the deepest anxiety, and most alarming apprehensions, at those grievances and distresses, with which his Majesty's American subjects are oppressed; and having taken under our most serious deliberation, the state of the whole continent, find, that the present unhappy situation of our affairs is occasioned by a ruinous system of colony administration, adopted by the British ministry about the year 1763, evidently calculated for enslaving these colonies, and, with them, the British Empire. In prosecution of which system, various acts of parliament have been passed, for raising a revenue in America, for depriving the American subjects, in many instances of the constitutional trial by jury, exposing their lives to danger, by directing a new and illegal trial beyond the seas, for crimes alleged to have been committed in America: And in prosecution of the same system, several late, cruel, and oppressive acts have been passed, respecting the town of Boston and the Massachusetts Bay, and also an act for extending the province of Quebec, so as to border on the western frontiers of these colonies, establishing an arbitrary government therein, and discouraging the settlement of British subjects in that wide extended country; thus, by the influence of civil principles and ancient prejudices, to dispose the inhabitants to act with hostility against the free Protestant colonies, whenever a wicked ministry shall chuse so to direct them.

To obtain redress of these grievances which threaten destruction to the lives, liberty, and property of his majesty's subjects in North America, we are of opinion, that a non importation, non consumption, and non exportation agreement, faithfully adhered to will prove the most speedy, effectual, and peaceable measure: And, therefore, we do for ourselves, and the inhabitants of the several colonies, whom we represent, firmly agree and associate, under the sacred ties of virtue honour and love of our country, as follows.

  1. That from and after the first day of December next, we will not import, into British America, from Great Britain or Ireland, any goods, wares, or merchandize whatsoever, or from any other place, any such goods, wares, or merchandise, as shall have been exported from Great Britain or Ireland; nor will we, after that day, import any East India tea from any part of the world; nor any molasses, syrups, paneles, coffee, or pimento from the British plantations or from Dominica; nor wines from Madeira, or the Western Islands; nor foreign indigo.
  2. We will neither import nor purchase, any slave imported after the first day of December next; after which time, we will wholly discontinue the slave trade, and will neither be concerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to those who are concerned in it.
  3. As a non consumption agreement strictly adhered to, will be an effectual security for the observation of the non importation, we, as above, solemnly agree and associate, that from this day, we will not purchase or use any tea, imported on account of the East India company, or any on which a duty hath been or shall be paid; and from and after the first day of March next, we will not purchase or use any East India tea whatever; nor will we, nor shall any person for or under us, purchase or use any of those goods, wares, or merchandize, we have agreed not to import, which we shall know, or have cause to suspect, were imported after the first day of December, except such as come under the rules and directions of the tenth article hereafter mentioned.
  4. The earnest desire we have not to injure our fellow subjects in Great Britain, Ireland, or the West Indies, induces us to suspend a non exportation, until the tenth day of September, 1775; at which time, if the said acts and parts of acts of the British parliament herein after mentioned, are not repealed, we will not directly or indirectly, export any merchandize or commodity whatsoever to Great Britain, Ireland, or the West Indies, except rice to Europe.
  5. Such as are merchants, and use the British and Irish trade, will give orders, as soon as possible, to their factors, agents and correspondents, in Great Britain and Ireland, not to ship any goods to them, on any pretence whatsoever, as they cannot be received in America; and if any merchant, residing in Great Britain or Ireland, shall directly or indirectly ship any goods, wares or merchandize, for America, in order to break the said non importation agreement, or in any manner contravene the same, on such unworthy conduct being well attested, it ought to be made public; and, on the same being so done, we will not, from thenceforth, have any commercial connexion with such merchant.
  6. That such as are owners of vessels will give positive orders to their captains, or masters, not to receive on board their vessels any goods prohibited by the said non importation agreement, on pain of immediate dismission from their service.
  7. We will use our utmost endeavours to improve the breed of sheep, and increase their number to the greatest extent; and to that end, we will kill them as seldom as may be, especially those of the most profitable kind; nor will we export any to the West Indies or elsewhere; and those of us, who are or may become overstocked with, or can conveniently spare any sheep, will dispose of them to our neighbours, especially to the poorer sort, on moderate terms.
  8. We will, in our several stations, encourage frugality, œconomy, and industry, and promote agriculture, arts and the manufactures of this country, especially that of wool; and will discountenance and discourage every species of extravagance and dissipation, especially all horse racing, and all kinds of gaming, cock fighting, exhibitions of shews, plays, and other expensive diversions and entertainments; and on the death of any relation or friend, none of us, or any of our families will go into any further mourning-dress, than a black crepe or ribbon on the arm or hat, for gentlemen, and a black ribbon and necklace for ladies, and we will discontinue the giving of gloves and scarves at funerals.
  9. Such as are venders of goods or merchandize will not take advantage of the scarcity of goods, that may be occasioned by this association, but will sell the same at the rates we have been respectively accustomed to do, for twelve months last past. —And if any vender of goods or merchandize shall sell such goods on higher terms, or shall, in any manner, or by any device whatsoever, violate or depart from this agreement, no person ought, nor will any of us deal with any such person, or his or her factor or agent, at any time thereafter, for any commodity whatever.
  10. In case any merchant, trader, or other person, shall import any goods or merchandize, after the first day of December, and before the first day of February next, the same ought forthwith, at the election of the owner, to be either re shipped or delivered up to the committee of the country or town, wherein they shall be imported, to be stored at the risque of the importer, until the non importation agreement shall cease, or be sold under the direction of the committee aforesaid; and in the last mentioned case, the owner or owners of such goods shall be reimbursed out of the sales, the first cost and charges, the profit, if any, to be applied towards relieving and employing such poor inhabitants of the town of Boston, as are immediate sufferers by the Boston port bill; and a particular account of all goods so returned, stored, or sold, to be inserted in the public papers; and if any goods or merchandizes shall be imported after the said first day of February, the same ought forthwith to be sent back again, without breaking any of the packages thereof.
  11. That a committee be chosen in every county, city, and town, by those who are qualified to vote for representatives in the legislature, whose business it shall be attentively to observe the conduct of all persons touching this association; and when it shall be made to appear, to the satisfaction of a majority of any such committee, that any person within the limits of their appointment has violated this association, that such majority do forthwith cause the truth of the case to be published in the gazette; to the end, that all such foes to the rights of British America may be publicly known, and universally contemned as the enemies of American liberty; and thenceforth we respectively will break off all dealings with him or her.
  12. That the committee of correspondence, in the respective colonies, do frequently inspect the entries of their customhouses, and inform each other, from time to time, of the true state thereof, and of every other material circumstance that may occur relative to this association.
  13. That all manufactures of this country be sold at reasonable prices, so that no undue advantage be taken of a future scarcity of goods.
  14. And we do further agree and resolve, that we will have no trade, commerce, dealings or intercourse whatsoever, with any colony or province, in North America, which shall not accede to, or which shall hereafter violate this association, but will hold them as unworthy of the rights of freemen, and as inimical to the liberties of their country.

And we do solemnly bind ourselves and our constituents, under the ties aforesaid, to adhere to this association, until such parts of the several acts of parliament passed since the close of the last war, as impose or continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pimento, indigo, foreign paper, glass, and painters' colours, imported into America, and extend the powers of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judge's certificate to indemnify the prosecutor from damages, that he might otherwise be liable to from a trial by his peers, require oppressive security from a claimant of ships or goods seized, before he shall be allowed to defend his property, are repealed.

And until that part of the act of the 12 G. 3. ch. 24, entitled "An act for the better securing his majesty's dock yards, magazines, ships, ammunition, and stores," by which any persons charged with committing any of the offences therein described, in America, may be tried in any shire or county within the realm, is repealed — and until the four acts, passed the last session of parliament, viz. that for stopping the port and blocking up the harbour of Boston — that for altering the charter and government of the Massachusetts Bay — and that which is entitled "An act for the better administration of justice, &c."— and that "for extending the limits of Quebec, &c." are repealed. And we recommend it to the provincial conventions, and to the committees in the respective colonies, to establish such farther regulations as they may think proper, for carrying into execution this association.

The foregoing association being determined upon by the Congress, was ordered to be subscribed by the several members thereof; and thereupon, we have hereunto set our respective names accordingly.

IN CONGRESS, PHILADELPHIA, October 20, 1774.
Signed, PEYTON RANDOLPH, President.

Articles of Confederation

Agreed to by Congress November 15, 1777; ratified and in force, March 1, 1781.

Preamble

To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.

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.

Article I. The Stile of this Confederacy shall be "The United States of America."

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.

Article III. The said States hereby severally enter into a firm league of friendship with each other, for their common defense, 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 pretense whatever.

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.

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 offense.

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.

Article V. For the most convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislatures 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.

No State shall be represented in Congress by less than two, nor more than seven members; and no person shall be capable of being a 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.

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.

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 or imprisonments, during the time of their going to and from, and attendance on Congress, except for treason, felony, or 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 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 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 same is to be entered into, and how long it shall continue.

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 vessel 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 defense 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 judgement of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of filed 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 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.

Article VII. When land forces are raised by any State for the common defense, 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 the appointment.

Article VIII. All charges of war, and all other expenses that shall be incurred for the common defense 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 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.

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 States 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.

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 causes 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 judgement 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 judgement, which shall in like manner be final and decisive, the judgement 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 judgement, 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 judgement, without favor, affection or hope of reward': provided also, that no State shall be deprived of territory for the benefit of the United States.

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 standards 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 or 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.

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 members 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 cloath, arm and equip them in a solid- like manner, at the expense of the United States; and the officers and men so cloathed, 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 of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of each State, unless the legislature of such State shall judge that such extra number cannot be safely spread out in the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.

The United States in Congress assembled shall never engage in a war, nor grant letters of marque or 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 defense 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 the 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 judgement 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 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 the 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 be requisite.

Article XI. Canada acceding to this confederation, and adjoining 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 determination 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 confirmed 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.

On the part and behalf of the State of New Hampshire:
Josiah Bartlett
John Wentworth Junr. August 8th 1778

On the part and behalf of The State of Massachusetts Bay:
John Hancock
Samuel Adams
Elbridge Gerry
Francis Dana
James Lovell
Samuel Holten

On the part and behalf of the State of Rhode Island and Providence Plantations:
William Ellery
Henry Marchant
John Collins

On the part and behalf of the State of Connecticut:
Roger Sherman
Samuel Huntington
Oliver Wolcott
Titus Hosmer
Andrew Adams

On the Part and Behalf of the State of New York:
James Duane
Francis Lewis
Wm Duer
Gouv Morris

On the Part and in Behalf of the State of New Jersey, November 26, 1778.
Jno Witherspoon
Nath. Scudder

On the part and behalf of the State of Pennsylvania:
Robt Morris
Daniel Roberdeau
John Bayard Smith
William Clingan
Joseph Reed 22nd July 1778

On the part and behalf of the State of Delaware:
Tho Mckean February 12, 1779
John Dickinson May 5th 1779
Nicholas Van Dyke

On the part and behalf of the State of Maryland:
John Hanson March 1 1781
Daniel Carroll

On the Part and Behalf of the State of Virginia:
Richard Henry Lee
John Banister
Thomas Adams
Jno Harvie
Francis Lightfoot Lee

On the part and Behalf of the State of No Carolina:
John Penn July 21st 1778
Corns Harnett
Jno Williams

On the part and behalf of the State of South Carolina:
Henry Laurens
William Henry Drayton
Jno Mathews
Richd Hutson
Thos Heyward Junr

On the part and behalf of the State of Georgia:
Jno Walton 24th July 1778
Edwd Telfair
Edwd Langworthy

Declaration of Independence

The Unanimous Declaration
of the Thirteen United States of America

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

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, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. --Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world.

He has refused his assent to laws, the most wholesome and necessary for the public good.

He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the state remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within.

He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.

He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.

He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

He has kept among us, in times of peace, standing armies without the consent of our legislature.

He has affected to render the military independent of and superior to civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation:

For quartering large bodies of armed troops among us:

For protecting them, by mock trial, from punishment for any murders which they should commit on the inhabitants of these states:

For cutting off our trade with all parts of the world:

For imposing taxes on us without our consent:

For depriving us in many cases, of the benefits of trial by jury:

For transporting us beyond seas to be tried for pretended offenses:

For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule in these colonies:

For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments:

For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated government here, by declaring us out of his protection and waging war against us.

He has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives of our people.

He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.

He has constrained our fellow citizens taken captive on the high seas to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.

He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare, is undistinguished destruction of all ages, sexes and conditions.

In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.

Nor have we been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends.

We, therefore, the representatives of the United States of America, in General Congress, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.

New Hampshire: Josiah Bartlett, William Whipple, Matthew Thornton

Massachusetts: John Hancock, Samual Adams, John Adams, Robert Treat Paine, Elbridge Gerry

Rhode Island: Stephen Hopkins, William Ellery

Connecticut: Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott

New York: William Floyd, Philip Livingston, Francis Lewis, Lewis Morris

New Jersey: Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark

Pennsylvania: Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross

Delaware: Caesar Rodney, George Read, Thomas McKean

Maryland: Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton

Virginia: George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton

North Carolina: William Hooper, Joseph Hewes, John Penn

South Carolina: Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton

Georgia: Button Gwinnett, Lyman Hall, George Walton