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.

ART. VII. When land forces are raised by any State, for the common defence, 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.

ART. VIII. All the charges of war, and all other expenses that shall be incurred for the common defence 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 to 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 legis latures of the several States, within the time agreed upon by the United States in Congress assembled.

ART. 7. This Article is in substance retained in the Constitution. See the enumeration of the powers of Congress, Art. 1, Sec. 8. The power to appoint a commander-in-chief belonged to Congress; but since the adoption of the Constitution, it has belonged to the President with the consent of the Senate.

ART. 8. The inefficiency of the Federal government arose from such causes as begin to appear strongly in this Article.

What is Art. 7? Where is the substance of this article retained? How has a commender-in-chief been appointed?

Art. 8. How were charges for war, etc., provided for? And taxes to be levied? What inefficiency appears here?

ART. 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

No revenue from commerce seems to have been thought of; and the taxation, which was depended on to supply the treasury, was left to the legislatures of the several States. In practice, it was found that the States constantly violated this Article, by refusing or neglecting to supply their proportion, and hence the treasury was empty, and the credit of the Union lost. It was therefore a leading object, in framing the Constitution to put the whole power over the revenue into the hands of the general government, leaving nothing of it to the authority of the States.

ART. 9. This long article defines the powers of Congress. It is necessary to say but little in explanation of it, as it can be sufficiently understood by a perusal, and by comparing it with Art. 1 of the Constitution. Something like a judiciary is here provided for, by making Congress the body to receive ultimate appeals, and directing them to appoint courts, or boards of arbitration, to hear and determine the causes presented. Difficulties had already arisen between some of the States, especially New York and New Hampshire; and questions of jurisdiction, and the right of soil claimed under different and conflicting grants, in the territory which now forms the State of Vermont, were then pending; and it was proba bly with an eye to these cases that these provisions of this Article were formed,

Many of the powers here given to Congress are also conferred on it by the Constitution. But it is obvious to notice the extreme care with which State rights are guarded, even to the point of subjecting an act of Congress to the control of State judgment; for which reason, as well as the utter want of any executive power, the impossibility is apparent that Congress should enforce any of its decisions. It was impossible for Congress to enact a law on any of the subjects on which authority was professedly given them, which could lay an obligation on a State. Their decisions they called ordinances; and they were a perfectly dead letter until they received life from subsequent State legislation.

What was found in practice? What was therefore a leading object of the Constitution?

What does Art. define? What was partially provided for? What is it obvious to notice? What could Congress not do? What did they call their decisions?

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 appropriatedof 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 for an appeal in all disputes and differences now subsisting, or that hereafter may arise between two or more States, concerning boundary, jurisdiction, or any other cause whatever, which authority shall always be exercised in the manner following: Whenever the legislature, 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 judgment 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 to defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall, in like manner, be final and decisive; the judgment 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 judgment, 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 judgment, 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 jurisdiction, 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 antecedant 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 standard 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 and 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 number to preside, provided that