beautifully engrossed and in almost perfect condition. It differs from the Secretary's copy of November 18, 1777, in capitalization and punctuation and a few other minor particulars.

All these documents have been several times printed. Franklin's Draft (a little modernized) is in Spark's edition of Franklin's Works, V. 91–96, and in Secret Journals of Congress, I. 283-289; Dickinson's Draft in Secret Journals of Congress, I. 290–304. The Articles of Confederation are in the Secret Journals, I. 387-401, Revised Statutes, and Hickey's Constitution, where it unwarrantably purports to be an exact transcript of the original; and in many other places.

On the constitutional history of the articles see Richard Frothingham's Rise of the Republic of the United States; George Bancroft, History of the United States (10 vol. ed.) viii. 53-98, 532, 539, 569–578, ix. 46–51 and History of the Constitution; Joseph Story, Commentaries, 222-224; George T. Curtis, History of the Constitution, I. 114-140; Timothy Pitkin, History of the United States, II. ch. xi.; biographies of Franklin, Dickinson, and Washington; H. B. Adams, in Maryland's Influence upon Land Cessions.

JULY 21, 1775.-FRANKLIN'S DRAFT.

ARTICLES OF CONFEDERATION

entered into

and perpetual Union, proposed by the Delegates of the several Colonies of New Hampshire [etc.] in general Congress met at Philadelphia, May, 10. 1775.

Art. I. The Name of this Confederacy shall henceforth be The United Colonies of North America.

Art. II.

The said United Colonies hereby severally enter into a firm League of Friendship with each other, binding on themselves and their Posterity for their common Defence against their Enemies, for the Security of their Liberties & Property, the Safety of their Persons & Families, & their mutual and general Welfare *

* Franklin appears to have written this passage at first: "for Defence and Offence, the Security of their Liberties & Property, the Safety of their Persons & Families, & their Common and general Welfare."

い

Art. III.

That each Colony shall enjoy and retain as much as it may think fit of its own present Laws, Customs, Rights, Privileges, and peculiar Jurisdictions within its own Limits; and may amend its own Constitution as shall seem best to its own Assembly or Convention.

Art. IV.

That for the more Convenient Management of general Interests, Delegates shall be annually elected in each Colony to meet in General Congress at such Time and Place as shall be agreed on in the next preceeding Congress. Only where particular Circumstances do not make a Deviation necessary, it is understood to be a Rule, that each succeeding Congress be held in a different Colony till the whole Number be gone through, and so in perpetual Rotation; and that accordingly the next Congress after the present shall be held at Annapolis in Maryland.

Art V.

That the Power and Duty of the Congress shall extend to Gen. Officers the Determining on War and Peace, the as Treasurer sending & receiving ambassadors, and entering

Secry into Alliances, [the Reconciliation with Great Britain;] the settling of all Disputes & Differences between Colony Colony about Limits or any other cause if such should arise; and the Planting of new Colonies: when proper. The Congress shall also make such general Ordinances as tho' necessary to the General Welfare, particular Assemblies cannot be competent to; viz. those that may relate to our general Commerce; or general Currency; to the Establishment of Posts: & the Regulation of our Common Forces. The Congress shall also have the Appointment of all General Officers civil and military, appertaining to the general Confederacy, such as General Treasurer, Secretary, &c.

Art. VI.

All Charges of Wars, and all other general Expences to be incurr'd for the common Welfare, shall be defray'd out

of a common Treasury, which is to be supply'd by each Colony in proportion to its Number of Male Polls between 16 & 60 Years of Age; the Taxes for paying that proportion are to be laid and levied by the Laws of each Colony.

Art. VII.

The Number of Delegates to be elected & sent to the Congress by each Colony, shall be regulated from time to time by the Number of such Polls return'd; so as that one Delegate be allow'd for every [5000] Polls. And the Delegates are to bring with them to every Congress an authenticated Return of the number of Polls in their respective Provinces, which is to be triennially taken, for the Purposes above mentioned.

Art. VIII.

At every Meeting of the Congress One half of the Mem bers return'd exclusive of Proxies be necessary to make a Quorum, and Each Delegate at the Congress, shall have a Vote in all Cases; and if necessarily absent, shall be allowed to appoint any other Delegate from the same Colony to be his Proxy, who may vote for him.

Art. IX.

An executive Council shall be appointed by the Congress out of their own Body, consisting of (12) Persons; of whom in the first Appointment one third, viz. (4), shall be one Year, (4) for two Years, and (4) for three Years; and as the said Terms expire, the Vacancies shall be filled by Appointments for three Years, whereby One Third of the Members will be changed annually. And each Person who has served the said Term of three Years as Counsellor, shall have a Respite of three years, before he can be elected again. This Council (of whom two thirds shall be a Quorum) in the Recess of the Congress is to execute what shall have been enjoin'd thereby; to manage the general continental Business and Interests; to receive Applications from foreign Countries; to prepare Matters for the Consideration of the Congress; to fill up (Pro tempore) continental Offices that fall vacant; and to draw on the General Treasurer for such Monies as may be neces

sary for general Services, appropriated by the Congress to such Services.

Art. X.

No Colony shall engage in an offensive War with any Nation of Indians without the Consent of the Congress, or grand Council above-mentioned, who are first to consider the Justice and Necessity of such War.

Art. XI.

A perpetual Alliance offensive and defensive, is to be entered into as soon as may be with the Six Nations; their Limi[s] ascertain'd & to be secur'd to them; their Land not to be encroach'd on, nor any private or Colony Purchases made of them hereafter to be held good; nor any Contract for Lands to be made but between the Great Council of the Indians at Onondaga & the General Congress. The Boundaries and Limits of all the other Indians shall also [be] ascertain'd & secur'd to them in the same manner; and Persons appointed to reside among them in proper Districts, who shall take care to prevent Injustice in the Trade with them and be enabled at our general Expence by occasional small Supplies, to relieve their personal Wants and Distresses. And all Purchases from them shall be by the Congress for the General Advantage & Benefit of the United Colonies.

Art. XII

As all new Institutions may have Imperfections which only Time and Experience can discover, it is agreed, that the General Congress from time to time shall propose such Amendments of this Constitution as may be found necessary; which being approv'd by a Majority of the Colony Assemblies shall be equally binding with the rest of the Articles of this Confederation.

Art. XIII

Any and every Colony from Great Britain upon the Continent of North America not at present engag'd in our Association, upon Application and joining the said Association, be receiv'd into this Confederation, viz. [Ireland] the West

India Islands, Quebec, St. Johns, Nova Scotia, Bermudas, & the East & West Floridas: and shall thereupon be entitled to all the Advantages of our Union, mutua[1] Assistance and Commerce.

These Articles shall be propos'd to the several Provincial Conventions or Assemblies, to be by them consider'd, and if approv'd they are advis'd to impower their Delegates to agree to and ratify the same in the ensuing Congress. After which the Union thereby establish'd shall continue firm till the Terms of Reconciliation proposed in the Petition of the last Congress to the King are agreed to; till the Acts since made restraining the American Commerce & Fisheries a[re] repeal'd; till Reparation is made for the Injury done to Boston by shutting up its Port; for the Burning of Charlestown; & for the expence of this unjust War; and till all the British Troops are withdrawn from America. On the Arrival of these Events, the Co[lonies shall] return to their former Connection and Friendship with Britain: But on Failure thereof this Confederation is to be perpetual.

[Endorsement. *]

Sketch of

-Manuscript in Papers of the Continental Congress, No. 47, Vol. 1.

JUNE 11, 1776.-APPOINTMENT OF A COMMITTEE. Resolved That the committee to prepare the Declaration consist of five members

The members chosen Mr Jefferson Mr J Adams, Mr Franklin Mr Shewrman & Mr R. R. Livingston

Resolved That a committee be appointed to prepare & digest the form of a confederation to be entered into between these colonies. Manuscript Journal of Congress, Vol. 3.

*The first three lines of the endorsement are in the same handwriting as the body of the instrument. The last two lines appear to be in the handwriting of Thompson, Secretary of Congress. A later endorsement is : "This Sketch in handwriting of Doct Franklin."