Tuesday, December 05, 2017

ARTICLES OF CONFEDERATION - LESSON 3



Article IX

OBJECTIVE

The 1776 Declaration suggests that the IDEAL method of problem solving and decision making was used to frame our INTENDED FORM of GOVERNMENT.

(1) The Cause was accurately IDENTIFIED, (2) a Remedy was DESCRIBED, a process for accomplishment was EVALUATED and (3) ACTED upon. And, today, we LEARN from our successes and failures and look, again, to the IDEAL.

 The Declaration of Independence, July 4, 1776

In Congress, July 4, 1776

The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to (1) dissolve the political bands which have connected them with another, and to (2) 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 (3) declare the causes which impel them to the separation.

Words have meaning relevant to the time, the place, and the intent for which they are used.

What went wrong?
Why did it go wrong?
When did it go wrong?
How did it go wrong?
Who profited?

Relevant links are provided for convenience.

JOHNSON’S 1755 DICTIONARY – Navigate by (1) letter, (2) spelling and (3) clicking Go at

JOHNSON’S 1785 DICTIONARY - Volume I – A through K

JOHNSON’S 1785 DICTIONARY - Volume II – L through Z https://archive.org/stream/dictionaryofengl02johnuoft#page/n744/mode/1up or PDF at

WEBSTER’S 1828 DICTIONARY

WEBSTER’S 1913 DICTIONARY


ARTICLES OF CONFEDERATION – 1777

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[1] - 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[2] taken by land or naval forces in the service of the united Sates, 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 cause 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 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 or 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 favour, 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 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 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[3], 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[4] shall be binding; and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them, in a soldier-like manner, at the expense of the united states; and the officers and men so clothed, 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 than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared. And the officers and men so clothed, 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 and 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 defence 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 a 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 judgment 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 delegate; and the 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.

RESOURCES and TALKING POINTS


LESSON I - ARTICLES OF CONFEDERATION - INTRODUCTION http://theultimateweapons.blogspot.com/2017/11/articles-of-confederation-introduction.html

LESSON 2 - ARTICLES OF CONFEDERATION - Article IV - Article VIII
http://theultimateweapons.blogspot.com/2017/11/articles-of-confederation-lesson-2.html



[2] https://www.britannica.com/topic/prize-court - Excerpt:  Although prize courts are municipal courts, and their character and organization are thus determined by national tradition and law, they apply customary and conventional international law. There is a practice of long standing for belligerents, at the outbreak of war, to enact prize law through statutory legislation; such enactments are presumed to be declaratory of international law but are, in any event, binding on the courts.  .  .  .  The United States has held no prize courts since 1899 for the additional reason of its more liberal policy of requisitioning foreign vessels with compensation rather than appropriating them as prizes”

How much does it cost to produce currency and coin?  Currency
Each year, the Federal Reserve Board projects the likely demand for new currency, and places an order with the Department of the Treasury's Bureau of Engraving and Printing, which produces U.S. currency and charges the Board for the cost of production. The 2017 currency budget is $726.6 million and reflects the following costs per denomination:

Denomination
Cost of Production
$1 and $2
5.4 cents per note
$5
11.5 cents per note
$10
10.9 cents per note
$20
12.2 cents per note
$50
19.4 cents per note
$100
15.5 cents per note

A written demand; a formal request or requirement. The formal demand by one government upon another, or by the governor of one state upon the governor of another state, of the surrender of a fugitive from justice. The taking or seizure of property by government.  -  Requisition refers to the seizure of Personal Property, whereas condemnation entails the taking of real property. 
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.