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The Articles of Confederation
Agreed to by Congress November 15,
1777; ratified and in force, March 1, 1781.
Preamble
To all to whom these Presents shall come, we the
undersigned Delegates of the States affixed to our Names send greeting.
Articles of Confederation and perpetual Union
between the States of New Hampshire, Massachusetts bay, Rhode Island and
Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.
Article I. The Stile of this Confederacy shall be "The United
States of America."
Article II. Each state retains its sovereignty, freedom, and
independence, and every power, jurisdiction, and right, which is not by this
Confederation expressly delegated to the United States, in Congress
assembled.
Article III. The said States hereby severally enter into a firm league
of friendship with each other, for their common defense, the security of
their liberties, and their mutual and general welfare, binding themselves to
assist each other, against all force offered to, or attacks made upon them,
or any of them, on account of religion, sovereignty, trade, or any other
pretense whatever.
Article IV. The better to secure and perpetuate mutual friendship and
intercourse among the people of the different States in this Union, the free
inhabitants of each of these States, paupers, vagabonds, and fugitives from
justice excepted, shall be entitled to all privileges and immunities of free
citizens in the several States; and the people of each State shall free
ingress and regress to and from any other State, and shall enjoy therein all
the privileges of trade and commerce, subject to the same duties,
impositions, and restrictions as the inhabitants thereof respectively,
provided that such restrictions shall not extend so far as to prevent the
removal of property imported into any State, to any other State, of which
the owner is an inhabitant; provided also that no imposition, duties or
restriction shall be laid by any State, on the property of the United
States, or either of them.
If any person guilty of, or charged with,
treason, felony, or other high misdemeanor in any State, shall flee from
justice, and be found in any of the United States, he shall, upon demand of
the Governor or executive power of the State from which he fled, be
delivered up and removed to the State having jurisdiction of his offense.
Full faith and credit shall be given in each of
these States to the records, acts, and judicial proceedings of the courts
and magistrates of every other State.
Article V. For the most convenient management of the general
interests of the United States, delegates shall be annually appointed in
such manner as the legislatures of each State shall direct, to meet in
Congress on the first Monday in November, in every year, with a power
reserved to each State to recall its delegates, or any of them, at any time
within the year, and to send others in their stead for the remainder of the
year.
No State shall be represented in Congress by less
than two, nor more than seven members; and no person shall be capable of
being a delegate for more than three years in any term of six years; nor
shall any person, being a delegate, be capable of holding any office under
the United States, for which he, or another for his benefit, receives any
salary, fees or emolument of any kind.
Each State shall maintain its own delegates in a
meeting of the States, and while they act as members of the committee of the
States.
In determining questions in the United States in
Congress assembled, each State shall have one vote.
Freedom of speech and debate in Congress shall
not be impeached or questioned in any court or place out of Congress, and
the members of Congress shall be protected in their persons from arrests or
imprisonments, during the time of their going to and from, and attendance on
Congress, except for treason, felony, or breach of the peace.
Article VI. No State, without the consent of the United States in
Congress assembled, shall send any embassy to, or receive any embassy from,
or enter into any conference, agreement, alliance or treaty with any King,
Prince or State; nor shall any person holding any office of profit or trust
under the United States, or any of them, accept any present, emolument,
office or title of any kind whatever from any King, Prince or foreign State;
nor shall the United States in Congress assembled, or any of them, grant any
title of nobility.
No two or more States shall enter into any
treaty, confederation or alliance whatever between them, without the consent
of the United States in Congress assembled, specifying accurately the
purposes for which the same is to be entered into, and how long it shall
continue.
No State shall lay any imposts or duties, which
may interfere with any stipulations in treaties, entered into by the United
States in Congress assembled, with any King, Prince or State, in pursuance
of any treaties already proposed by Congress, to the courts of France and
Spain.
No vessel of war shall be kept up in time of
peace by any State, except such number only, as shall be deemed necessary by
the United States in Congress assembled, for the defense of such State, or
its trade; nor shall any body of forces be kept up by any State in time of
peace, except such number only, as in the judgement of the United States in
Congress assembled, shall be deemed requisite to garrison the forts
necessary for the defense of such State; but every State shall always keep
up a well-regulated and disciplined militia, sufficiently armed and
accoutered, and shall provide and constantly have ready for use, in public
stores, a due number of filed pieces and tents, and a proper quantity of
arms, ammunition and camp equipage.
No State shall engage in any war without the
consent of the United States in Congress assembled, unless such State be
actually invaded by enemies, or shall have received certain advice of a
resolution being formed by some nation of Indians to invade such State, and
the danger is so imminent as not to admit of a delay till the United States
in Congress assembled can be consulted; nor shall any State grant
commissions to any ships or vessels of war, nor letters of marque or
reprisal, except it be after a declaration of war by the United States in
Congress assembled, and then only against the Kingdom or State and the
subjects thereof, against which war has been so declared, and under such
regulations as shall be established by the United States in Congress
assembled, unless such State be infested by pirates, in which case vessels
of war may be fitted out for that occasion, and kept so long as the danger
shall continue, or until the United States in Congress assembled shall
determine otherwise.
Article VII. When land forces are raised by any State for the common
defense, all officers of or under the rank of colonel, shall be appointed by
the legislature of each State respectively, by whom such forces shall be
raised, or in such manner as such State shall direct, and all vacancies
shall be filled up by the State which first made the appointment.
Article VIII. All charges of war, and all other expenses that shall be
incurred for the common defense or general welfare, and allowed by the
United States in Congress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several States in proportion to the
value of all land within each State, granted or surveyed for any person, as
such land and the buildings and improvements thereon shall be estimated
according to such mode as the United States in Congress assembled, shall
from time to time direct and appoint.
The taxes for paying that proportion shall be
laid and levied by the authority and direction of the legislatures of the
several States within the time agreed upon by the United States in Congress
assembled.
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 -- 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 taken by land or naval
forces in the service of the United States 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 causes 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 judgement 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 judgement, which shall in
like manner be final and decisive, the judgement 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 judgement, 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 judgement, without
favor, 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 standards 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 or
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 members 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, 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 shall be binding, and
thereupon the legislature of each State shall appoint the regimental
officers, raise the men and cloath, arm and equip them in a solid- like
manner, at the expense of the United States; and the officers and men so
cloathed, 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 of men than the quota thereof, such extra number shall be raised,
officered, cloathed, armed and equipped in the same manner as the quota of
each State, unless the legislature of such State shall judge that such extra
number cannot be safely spread out in the same, in which case they shall
raise, officer, cloath, arm and equip as many of such extra number as they
judge can be safely spared. And the officers and men so cloathed, 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 or 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 defense 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 the 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 judgement 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 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.
Article X. 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 from time to time think expedient to vest them with;
provided that no power be delegated to the said Committee, for the exercise
of which, by the Articles of Confederation, the voice of nine States in the
Congress of the United States assembled be requisite.
Article XI. Canada acceding to this confederation, and adjoining in
the measures of the United States, shall be admitted into, and 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 XII. 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 XIII. Every State shall abide by the determination 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 afterwards confirmed by the legislatures of every State.
And Whereas it hath pleased the Great Governor of
the World to incline the hearts of the legislatures we respectively
represent in Congress, to approve of, and to authorize us to ratify the said
Articles of Confederation and perpetual Union. Know Ye that we the
undersigned delegates, by virtue of the power and authority to us given for
that purpose, do by these presents, in the name and in behalf of our
respective constituents, fully and entirely ratify and confirm each and
every of the said Articles of Confederation and perpetual Union, and all and
singular the matters and things therein contained: And we do further
solemnly plight and engage the faith of our respective constituents, that
they shall abide by the determinations of the United States in Congress
assembled, on all questions, which by the said Confederation are submitted
to them. And that the Articles thereof shall be inviolably observed by the
States we respectively represent, and that the Union shall be perpetual.
In Witness whereof we have hereunto set our hands
in Congress. Done at Philadelphia in the State of Pennsylvania the ninth day
of July in the Year of our Lord One Thousand Seven Hundred and
Seventy-Eight, and in the Third Year of the independence of America.
On the part and behalf of the State
of New Hampshire:
Josiah Bartlett
John Wentworth Junr.
August 8th 1778
On the part and behalf of The State
of Massachusetts Bay: John Hancock
Francis Dana
Samuel Adams
James Lovell
Elbridge Gerry
Samuel Holten
On the part and behalf of the State
of Rhode Island and Providence Plantations:
William Ellery
John Collins
Henry Marchant
On the part and behalf of the State
of Connecticut:
Roger Sherman
Titus Hosmer
Samuel Huntington
Andrew Adams
Oliver Wolcott
On the Part and Behalf of the State
of New York:
James Duane
Wm Duer
Francis Lewis
Gouv Morris
On the Part and in Behalf of the
State of New Jersey, November 26, 1778.
Jno Witherspoon
Nathaniel Scudder
On the part and behalf of the State
of Pennsylvania:
Robt Morris
William Clingan
Daniel Roberdeau
Joseph Reed
John Bayard Smith
22nd July 1778
On the part and behalf of the State
of Delaware:
Tho Mckean February 12, 1779
John Dickinson May 5th 1779
Nicholas Van Dyke
On the part and behalf of the State
of Maryland:
John Hanson March 1 1781
Daniel Carroll Do
On the Part and Behalf of the State
of Virginia:
Richard Henry Lee
Jno Harvie
John Banister
Francis Lightfoot Lee
Thomas Adams
On the part and Behalf of the State
of No Carolina:
John Penn July 21St 1778
Corns Harnett
Jno Williams
On the part and behalf of the State
of South Carolina:
Henry Laurens
Richd Hutson
William Henry Drayton
Thos Heyward Junr
Jno Mathews
On the
part and behalf of the State of Georgia:
Jno Walton 24th July 1778
Edwd Telfair
Edwd Langworthy
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