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 ninth article also provides that requisitions for the 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 endued 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 color 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 peculiar color, we think it unequal to reckon upon such in this case. Should it be improper, for special local reasons, to admit them in arms for the defense 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 labor in the 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 VOL. II.

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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 the owners of a different color 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, once at least every five years. The disproportioned increase in the population of different states may render such provision absolutely necessary.

"9. It is provided in the ninth article, that the assent of nine states out of the 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."

The question being taken in congress, whether the purport and meaning of the several amendments proposed by New Jersey should be admitted as part of the confederation, it was decided in the negative; three states in the affirmative, six in the negative, and one divided. The amendments of the other states were, also, negatived.

In July, 1778, a form of ratification was adopted, and the articles were soon after signed by the delegates from all the states,

except New Jersey, Delaware and Maryland. A letter was immediately sent to these states, urging their immediate attention to the subject.

Sensible of the importance of completing the union, the legis lature of New Jersey, in November 1778, authorized the delegates of that state to ratify the federal compact.

The same legislature declared that the articles were still considered “in divers respects unequal and disadvantageous to that state, and that the objections to such of them lately stated and sent to the general congress, on the part of that state, were still viewed as just and reasonable, and sundry of them as of the most essential moment to the welfare and happiness of the people thereof; yet, under the full conviction of the present necessity of acceding to the confederacy proposed, and that separate and detached state interests ought to be postponed to the general good of the union; and moreover, in firm reliance that the candor and justice of the several states, would, in due time, remove as far as possible, the inequality which now subsists."

On the part of New Jersey, therefore, the articles were signed on the 25th of November, 1778. On the first of February 1779, Delaware followed the patriotic example of New Jersey. Her act of accession was accompanied with the following resolutions.

"Resolved, That this state think it necessary for the peace and safety of the state to be included in the union; that a moderate extent of limits should be assigned for such of those states as claim to the Mississippi or South sea; and that the United States in congress assembled, should and ought to have power of fixing their western limits.

"Resolved also, That this state consider themselves justly entitled to a right in common with the members of the union, to that extensive tract of country which lies to the westward of the frontiers of the United States, the property of which was not vested in, or granted to, individuals at the commencement of the present war that the same hath been or may be gained from the king of Great Britain, or the native Indians, by the blood and

treasure of all, and ought therefore to be a common estate, to be granted out on terms beneficial to the United States.

"Resolved also, That the courts of law established within this state, are competent for the purpose of determining all controversies concerning the private right of soil claimed within the same; and they now, and at all times hereafter, ought to have cognizance of all such controversies; that the indeterminate provision proposed in the ninth article of the confederation for deciding upon controversies that may arise about some of those private rights of soil, tends to take away such cognizance, and is contrary to the declaration of the rights of this state; and therefore ought to receive an alteration."

These resolutions were permitted to be filed among the papers of congress, but with an express condition, "that they were not to be considered as admitting any claim thereby set up, or intended to be set up."

On the 22d of February, 1779, the articles were ratified on the part of Delaware.

The assent of Maryland, was now only wanting, to complete the union. She, however, still persisted in her refusal, without an amendment, securing the western lands, for the benefit of all the states. In December 1778, the delegates from that state received special instructions on the subject. These were drawn with much ability, and evinced a determination to withhold the assent of that state to the confederacy, without the security required; and as they contain the reasons for this determination, after the other states had acceded to this great national compact, we here insert them.

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Having conferred upon you," they say to their delegates, a trust of the highest nature, it is evident we place great confidence in your integrity, abilities, and zeal to promote the general welfare of the United States, and the particular interest of this state, where the latter is not incompatible with the former; but to add greater weight to your proceedings in congress, and take away all suspicion that the opinions you there deliver, and the votes you give may be the mere opinions of individuals, and not result

ing from your knowledge of the sense and deliberate judgment of the state you represent, we think it our duty to instruct as followeth on the subject of the confederation, a subject in which, unfortunately, a supposed difference of interest has produced an almost equal division of sentiments among the several states composing the union. We say a supposed difference of interests; for if local attachments and prejudices, and the avarice and ambition of individuals, would give way to the dictates of a sound policy, founded on the principles of justice, (and no other policy but what is founded on those immutable principles deserves to be called sound,) we flatter ourselves, this apparent diversity of interests would soon vanish, and all the states would confederate on terms mutually advantageous to all; for they would then perceive that no other confederation than one so formed can be lasting. Although the pressure of immediate calamities, the dread of their continuance from the appearance of disunion, and some other peculiar circumstances, may have induced some states to accede to the present confederation, contrary to their own interests and judgments, it requires no great share of foresight to predict, that when those causes cease to operate, the states which have thus acceded to the confederation will consider it as no longer binding, and will eagerly embrace the first occasion of asserting their just rights, and securing their independence. Is it possible that those states who are ambitiously grasping at territories, to which in our judgment they have not the least shadow of exclusive right, will use with greater moderation the increase of wealth and power derived from those territories, when acquired, than what they have displayed in their endeavors to acquire them? We think not. We are convinced the same spirit which hath prompted them to insist on a claim so extravagant, so repugnant to every principle of justice, so incompatible with the general welfare of all the states, will urge them on to add oppression to injustice. If they should not be incited by a superiority of wealth and strength to oppress by open force their less wealthy and less powerful neighbors; yet depopulation and consequently the impoverishment of those states will necessarily follow, which, by an