The sixt Article, which att first view seemes to Inable the
Comissioners, will evidently evince the Contrary. For, the
Confederation being betwixt the Collonies, the 4th, and fift, 9, and
10th Articles provid Rules in severall Cases according to which the
Confeaderates have bound themselves to Acte; And the sixt Article
onely orders and appoints whoe and in what mannor the said Rules and
agreements should bee executed viz. by Comissioners Improved to acte
in cases specif[y]ed and regulated,--for theire number, mannor of
proceeding, times and places of meeting, in the sixt and seaventh
Articles; And that by nessesitie; because the supreame power of the
severall Jurisdictions Could not assemble, they were enforced to
Substitute deligates to order such things as were of present and
urgent Nessesitie, or meerly prudenciall or polliticall or of Inferior
nature, and that according to _themselves_ [the Rules] prescribed by
the Confeaderates. But such things [as] require the Choise Actes of
Authoritie; or [are] in theire nature of Morrall Consideration and may
admite of more time of Deliberation (as an offencive warr), The Wisdome
of the Countrivers of the Confederacy did not Judg meete to Refere to
Comissioners, and therfore [they] have not provided any Rules in such
cases in these Consernments as they did in all cases of an Inferior
nature;
_More Generally_:[88] The Comissioners of the united Collonies are
not, soe fare as wee can deserne, Invested with power to Conclude an
offencive warr to engage the Collonies to which they belonge to put
the same in execution further then they are enabled by Comission or
Instructions under the seale of theire Collonie; much lesse can it
stand with the Jurisdiction and Right of Government reserved to ever[y]
Collonie for six Comissioners of the other Collonies to put forth
any Acte of power in a vindictive warr wherby they shall comaund the
Collonie decenting to assist them in the same; neither can it bee the
meaning of the severall Collonies whoe are soe tender of theire power
in Governing theire owne that they should put theire power out of
theire owne hands in the most waighty points (A bondage hardly to bee
borne by the most Subjective people), And cannot bee conceived soe free
a people as the united Collonies should submite unto;
Public-domain text, read in full here on John Shaqi.
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