be deprived of any of their rights by implication; nor in any manner whatever but by their own voluntary consent or by submission to a conqueror.*

Now let us examine the Articles of Confederation, as they were styled, and see the nature and extent of the powers delegated by them. The stipulations entered into by these Articles, as appear from their face, may be divided into two classes:

First, mutual Covenants between the parties, which, at that time, we have seen, were beyond question separate, distinct, Sovereign States.

Secondly, delegations of power by the several Parties to the Compact to all the States, to be exercised by them jointly, in a general Congress of the States.

The mutual Covenants between the States, upon analysis, may be stated as follows:

1st. The style of the Confederacy was to be "The United States of America."

2d. Each State retained its Sovereignty, freedom and Independence, and every power and right which is not expressly delegated to the United States.

3d. The object of the Confederation was for their mutual defence, the security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force offered to or attacks made upon them, or any of them, on account of religion, Sovereignty, trade, or any other pretence whatever.

4th. In determining all questions in Congress each State was to have one vote.

5th. Each State was to maintain its own Delegates. 6th. The free inhabitants of each State, Paupers, Vaga

* Tucker's Blackstone, vol. i, Appendix, p. 143.

† See Appendix B.

bonds and Fugitives from Justice excepted, were to be entitled to all privileges and immunities of free citizens in the several States.

7th. All Fugitives from Justice from one State into another were to be delivered up on demand.

8th. Full faith and credit were to be given to the records of each State in all the others.

9th. Congress was to grant no title of nobility.

10th. No person holding any office was to receive a present from a foreign power.

11th. No State was to form any agreement or alliance with a foreign power without the consent of the States in Congress assembled.

12th. No two or more States were to form any alliance between themselves, without the like consent of the States in Congress assembled.

13th. No State, without the like consent of Congress, was to keep war ships or an army in time of peace, but each was to keep a well organized and disciplined militia with munitions of war.

14th. No State was to lay any duty upon foreign imports which would interfere with any treaty made by Congress.

15th. No State was to issue letters of marque or to engage in war without the consent of the Congress, unless actually invaded or menaced with invasion.

16th. When land forces were raised, each State was to raise the quota required by Congress, arm and equip them, at the expense of all the States, and to appoint all officers of and under the rank of colonel.

17th. Each State was to levy and raise the quota of tax required by Congress.

18th. The faith of all the States was pledged to pay all the bills of credit emitted, or money borrowed, on their joint account, by the Congress.

19th. It was agreed and covenanted that Canada might accede to the Union, so formed, if she chose to do so.

20th (and lastly). Each State was to abide by the determination of all the States, in Congress assembled, on all questions which, by the Confederation, were submitted to them. The Articles of Confederation were to be inviolably observed by every State, and the Union was to be perpetual. No article of the Confederation was to be altered without the consent of every State. So much for the mutual covenants.

Secondly. The Delegations of power by each of the States to all the States, in general Congress assembled, upon a like analysis, may be stated as follows:

1st. The sole and exclusive power to determine on war and peace, except in case a State should be invaded or menaced with invasion.

2d. To send and receive Ambassadors.

3d. To make Treaties, with a Proviso, etc.

4th. To establish rules for Captures.

5th. To grant Letters of Marque and Reprisal.

6th. To appoint Courts for Trial of Piracies and other crimes, specified.

7th. To decide Questions of Dispute, between two or more States, in a prescribed manner.

8th. The sole and exclusive power to coin Money, and regulate the value.

9th. To fix the standard of Weights and Measures. 10th. To regulate trade with the Indian Tribes.

11th. To establish Post-Offices.

12th. To appoint all officers of land forces, except Regimental.

13th. To appoint all officers of the Naval Forces.

14th. To make rules and regulations for the Govern ment of Land and Naval Forces.

15th. To appropriate and apply public money for public expenses, the common defence and general welfare. 16th. To borrow money and emit bills of credit. 17th. To build and equip a navy.

18th. To agree upon the number of land forces, and make requisitions upon the States, for their quotas, in proportion to the number of white inhabitants in each State.

The foregoing powers were delegated, with this limita tion-the war power, the treaty power, the power to coin money, the power to regulate the value thereof, the power of fixing the quotas of money to be raised by the States, the power to emit bills of credit, the power to borrow money, the power to appropriate money, the power to regulate the number of land and naval forces, the power to appoint a commander-in-chief for the army or navy, were never to be exercised, unless nine of the States were assenting to the same.

These are the general provisions of the Articles of Confederation of 1777-1781.

JUDGE BYNUM. They are much more numerous and embrace a great many more subjects than I was aware of.

MR. STEPHENS. They embrace nearly the entire ground covered by the present Constitution. That is apparent to all who will carefully compare the provisions of both instruments. But the present object, before going into an examination of a like analysis of the provisions of the new Constitution, is to trace the workings of the old one, the evils or mischiefs discovered in its practical operation, and the remedies sought to be applied in the new. What then were the striking defects in the old system, so far as the want of additional powers was concerned and the remedy which the new Constitution supplied? Without any fear of successful contradiction, it may be said that these consisted of but two.

One

was the want of power on the part of the States in Congress assembled, to regulate trade with foreign nations, and between the States, as well as with the Indian Tribes; and the other was the want of a like power to lay taxes directly upon the people of the several States, or to raise revenue by levying duties upon imports, without resorting to requisitions, or quotas, upon the States, in their organized political capacity. This is abundantly clear from the history of the times, and the action of the States in Congress assembled, under the Articles of Confederation. The first movement for additional power, or a change of the Constitution, in any respect, was in Congress, on the 3d of February, 1781.* This was an adoption by the States, in Congress assembled, of the following resolution:

"Resolved, That it be recommended to the several States, as indispensably necessary, that they vest a power in Congress to levy, for the use of the United States, a duty of five per cent. ad valorem, at the time and place of importation, upon all goods, wares, and merchandise, of foreign growth or manufacture, which may be imported into any of the said States, from any foreign port, island, or plantation, after the Ist day of May, 1781; except arms, ammunition, clothing, and other articles imported on account of the United States, or any of them; and except wool cards, and cotton cards, and wire for making them; and, also, except salt, during the war.

"Also, a like duty of five per cent. on all prizes and prize goods, condemned in the court of admiralty of any of these States, as lawful prize.

"That the moneys arising from said duties be appro

* Elliot's Debates, vol. i, p. 92.