time of peace, nor enter into any treaties, or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the United States, or any of them; not emit bills of credit, 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 shall assent to the same; nor shall a question on any 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 space than six months, and shall publish the journals of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secresy; and the yeas and nays of the delegation of each state, on any question, shall be entered upon the journals when it is desired by any delegate; and the delegates of a state, or either of them, at his or their request, shall be furnished with a copy of said journal, except such parts as are above excepted, to lay before the legislatures of the several states. Article 10. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States, in Congress assembled, by the consent of the nine states, shall see fit, from time to time, to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confede .... ration, the voice of nine states in the Congress of the United States assembled, is requisite. Article 11. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and be entitled to all the advantages of this union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine states. Article 12. All bills of credit emitted, monies borrowed, and debts contracted, by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof, the said United States and the public faith are hereby solemnly pledged. Article 13. Every state shall abide by the determinations of the United States, in Congress assembled, on all questions, which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration, at any time hereafter, be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterward confirmed by the legislature of every state." This confederation was submitted to the several states for their approbation and acceptance,* and when duly approved by all the states, went into operation, and became the palladium of the United States, through the revolutionary war, and down to the year 1789, when the present Federal Constitution was organized, and went into operation. Such was the virtue of the American character, that even this rope of sand possessed powers and energies **Twelve states ratified this confederation in December following. sufficient to manage the affairs of a rising state, and regulate and controul all their essential concerns, for the best interest of the whole; but when peace had removed the pressure of the common danger, and private interest began to claim precedence of the public good, and corrupt intrigue began to trample upon the public virtue, and public rights, then it became necessary to revise this compact, and raise in its place that stupendous monument of wisdom and virtue, the Federal Constitution. This will be noticed in its place. Congress next resolved, "that the commissioners at the courts of France and Spain, be directed to exert their utmost endeavours to obtain a loan of two millions sterling, on the faith of the United States." Congress next proceeded to resolve, "that it be recommended to the legislatures of the several states, to appoint persons to seize such clothing as may be necessary for the army, wherever it may be found, within their respective states, and when the value of the same has been duly estimated, that it be applied accordingly." Lt. Col. Barton, who took Gen. Prescot prisoner at Rhode-Island, as has been noticed, was now recommended to Congress, upon which they resolved, " that he be promoted to the rank and pay of a colonel in the service of the United States, in consideration of his merits, and that he be recommended to Gen. Washington, to be employed in such services as he may deem best adapted to his genius." Congress next resolved, "that one month's extra pay be given to each officer and soldier under the immediate command of his excellency Gen. Washington, in testimony of their approbation, of their great patience, fidelity, and zeal in the service of their country." Congress next proceeded to resolve, "that the embarkation of Gen. Burgoyne and his army, agreeable to the convention of Saratoga, be delayed until the same should be properly ratified by the court of Great Britain, in conser quence of an unguarded expression of the general in one of his letters, in which he declared "the convention to have been broken on the part of the Americans." Gen. Burgoyne met this resolve by such explanations, together with a proposed renewal of the convention of Saratoga, in such manner, as should be approved by Congress, but without effect. On the first of December the ship Alamand arrived from Marseilles, with 48 pieces of brass cannon, 4 pounders, with carriages complete; 199 inch mortars; 2500 9 inch bombs; 2000 4 pound balls; a quantity of intrenching tools; 3000 fusees; 1110 for dragoons; 18,000 pounds of gun-powder; and 61,051 pounds of brimstone, from the house of de Beaumarchais, in France. On the 16th of December, Mr. Gerard delivered the prelimenaries of a treaty to the American Commissioners, for the two nations of France and America. On the 16th of February the treaty was signed, and in 48 hours it was known in London; and produced great excitement in the councils of Great Britain. On the 21st of March the American commissioners, Messrs. Franklin, Deane, and Lee, were admitted to a public audience at the court of Versailles, and were presented to the king by Mr. Vergennes, the French minister, in character of the ministers plenipotentiary of the United States of America. The French ambassador had left London the 15th, agreeable to order; having first announced the signing of this treaty to the British minister. On the 13th of April, the London fleet, consisting of 12 ships of the line and four frigates, sailed for America, under the command of the Count De Estain, bearing Mr. Deane and Mr. Gerard; the latter was to act as minister of France to the United States. The same day Gen. Burgoyne arrived in London; not as a conqueror, but in such disgrace as to be refused admission into the presence of his royal master. On the 5th of June Admiral Byron was dispatched to America, with a formidable squadron, to take the command on that station, and relieve Sir William Howe. * At this time the illustrious Earl of Chatham, the glory of Old England, was borne away in the arms of death, no longer to witness the tarnished honour of that country, which under God he had raised to the summit of renown, and on the 9th his remains were honourably interred at the public expence, in Westminster Abbey. Well might Old England say in the bitterness of her soul, "That sun is set; O rise some other such, or all is talk of old achievements, and despair of new." As soon as the court of Versailles had learnt the determination of Admiral Byron, and that the British fleet was ordered to sail, the Count De Orvilliers immediately put to sea with a fleet of 32 ships of the line, and a cloud of frigates, to enforce the ordinance of the king, of the 28th of March, for making reprisals on the ships of Britain. Great Britain pursued the same measures, and the British fleet put to sea under the command of Admiral Keppel. On the 23d of July both fleets appeared to approach each other for action; but a scene of manoeuvering commenced, in which the skill of the commanders in naval tactics, was displayed for three days, and on the 27th a sharp action commenced, that continued about three hours, in which both fleets suffered severely, and both claimed the victory. Both fleets withdrew and returned into port to repair the damages they had sustained. This opened the war between England and France, |