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shall hinder the propounding or progresse of any businesse, or any way cast the Scales, otherwise than in the precedent Article is agreed.
VIII. It is also agreed that the Commissioners for this Confederacon hereafter at their meetings, whether ordinary or extraordinary, as they may have commission or opertunitie, do endeavoure to frame and establish agreements and orders in generall cases of a civill nature wherein all the plantacons are interested for preserving peace among themselues, and preventing as much as may bee all occations of warr or difference with others, as about the free and speedy passage of Justice in every Jurisdiccon, to all the Confederats equally as their owne, receiving those that remoue from one plantacon to another without due certefycats; how all the Jurisdiccons may carry it towards the Indians, that they neither grow insolent nor be injured without due satisfaccon, lest warr break in vpon the Confederates through such miscarryage. It is also agreed that if any servant runn away from his master into any other of these confederated Jurisdiccons, That in such Case, vpon the Certyficate of one Majistrate in the Jurisdiccon out of which the said servant fled, or upon other due proofe, the said servant shalbe deliuered either to his Master or any other that pursues and brings such Certificate or proofe. And that vpon the escape of any prisoner whatsoever or fugitiue for any criminal cause, whether breaking prison or getting from the officer or otherwise escaping, upon the certificate of two Majistrats of the Jurisdiccon out of which the escape is made that he was a prisoner or such an offender at the tyme of the escape. The Majestrates or some of them of that Jurisdiccon where for the present the said prisoner or fugitive abideth shall forthwith graunt such a warrant as the case will beare for the apprehending of any such person, and the delivery of him into the hands of the officer or other person that pursues him. And if there be help required for the safe returneing of any
such offender, then it shalbe graunted to him that craves the same, he paying the charges thereof.
IX. And for that the justest warrs may be of dangerous consequence, espetially to the smaler plantacons in these vnited Colonies, it is agreed that neither the Massachusetts, Plymouth, Connectacutt nor New-Haven, nor any of the members of any of them shall at any tyme hereafter begin, undertake, or engage themselues or this confederacon, or any part thereof in any warr whatsoever (sudden exegents with the necessary consequents thereof excepted) which are also to be moderated as much as the case will permit, without the consent and agreement of the forenamed eight Commissioners, or at least six of them, as in the sixt Article is provided : And that po charge be required of any of the Confederats in case of a defensiue
warr till the said Commissioners haue mett and approued the justice of the warr, and have agreed vpon the sum of money to be levyed, which sum is then to be payd by the severall Confederates in proporcon according to the fourth Article.
X. That in extraordinary occations when meetings are summoned hy three Majistrats of any Jurisdiccon, or two as in the fift Article, If any of the Commissioners come not, due warneing being given or sent, It is agreed that foure of the Commissioners shall have power to direct a warr which cannot be delayed and to send for due proporcons of men out of eich Jurisdiccon, as well as six might doe if all mett; but not less than six shall determine the justice of the warr or allow the demaunde of bills of charges or cause any levies to be made for the same.
XI. It is further agreed that if any of the Confederates shall hereafter break any of these present Articles, or be any other wayes injurious to any one of thother Jurisdiccons, such breach of Agreement, or injurie, shalbe duly considered and ordered by the Commissioners for thother Jurisdiccons, that both peace and this present Confederacon may be entirely preserued without violation.
XII. Lastly, this perpetuall Confederacon and the seueral Articles and Agreements thereof being read and seriously considered, both by the Generall Court for the Massachusetts, and by the Commissioners for Plymouth, Connectacutt and New-Haven, were fully allowed and confirmed by three of the forenamed Confederates, namely, the Massachusetts, Connectacutt and New-Haven, Onely the Commissioners for Plymouth, having no Commission to conclude, desired respite till they might advise with their Generall Court, wherevpon it was agreed and concluded by the said court of the Massachusetts, and the Commissioners for the other two Confederates, That if Plymouth Consent, then the whole treaty as it stands in these present articles is and shall contiuue firme and stable without alteracon: But if Plymouth come not in, yet the other three Confederates doe by these presents confirme the whole Confederacon and all the Articles thereof, onely, in September next, when the second meeting of the Commissioners is to be at Bostone, new consideracon may be taken of the sixt Article, which concernes number of Commissioners for meeting and concluding the affaires of this Confederacon to the satisfaccon of the court of the Massachusetts, and the Commissioners for thother two Confederates, but the rest to stand vnquestioned.
In testymony whereof, the Generall Court of the Massachusetts by their Secretary, and for the Commissioners Connectacutt and New-Haven haue subscribed these presente articles, this sixth of the third month, commonly called May, Anno Domini 1643.
At a Meeting of the Commissioners for the Confederacon, held at Boston, the Seaventh of September. It appeareing that the Generall Court of New Plymouth, and the severall Towneships thereof have read, considered and approoued these articles of Confederacon, as appeareth by Commission from their Generall Court beareing Date the xxixth of August, 1643, to Mr. Edward Winslowe and Mr. Will Collyer, to ratifye and confirm the same on their behalf, wee therefore, the Commissioners for the Mattachusetts, Conecktacutt and New Haven, doe also for our seuerall Gouernments, subscribe vnto them.
JOHN WINTHROP, Governor of Massachusetts.
EDWA. HOPKINS. THOMAS GREGSON.
This Plan was presented to the Board of Trade in 1697, in opposition to the Board's plan for consolidating the Colonies. It is the first of the native or American plans of Union. See Bancroft, Vol. II., p. 74; Hildreth, Vol. II., p. 198; Frothingham, p. 110; and The American Government, Chap. IV.
A Briefe and Plaine Scheme how the English Colonies in the North parts of America, viz. : Boston, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Virginia, and Carolina may be made more usefule to the Crowne, and one another's peace and safety with an universal concurrence.
Ist. That the severall Colonies before mentioned do meet once a year, and oftener if need be during the war, and at least once in two years in times of peace, by their stated and appointed Deputies, to debate and resolve of such measures as are most advisable for their better understanding, and the public tranquility and safety.
2d. That in order to it two persons well qualified for sense, sobriety, and substance be appointed by each Province, as their Representatives or Deputies, which in the whole make the Congress to cousist of twenty persons.
3d. That the King's Commissioner for that purpose specially appointed shall have the chaire and preside in the said Congresse.
4th. That they shall meet as near as conveniently may be to the most centrale Colony for use of the Deputies.
5th. Since that may in all probability be New York, both because it is near the Center of the Colonies and for that it is a Frontier and in the King's nomination, the Gov. of that Colony may therefore also be the King's High Commissioner during the session after the manner of Scotland.
6th. That their business shall be to hear and adjust all matters of Complaint or difference between Province and Province. As, ist, where persons quit their own Province and goe to another, that they may avoid their just debts, tho they be able to pay them; and, where offenders fly Justice, or Justice cannot well be had upon such offenders in the Provinces that entertaine them; 3dly, to prevent or cure injuries in point of Commerce: 4th, to consider of ways and means to support the union and safety of these Provinces against the publick enemies. In which Congresse the Quotas of men and charges will be much easier, and more equally sett, then it is possible for any establishment made here to do; for the Provinces knowing their own condition and one another's, can debate that matter with more freedome and satisfaction and better adjust and balance their affairs in all respects for their common safety.