The Articles of Confederation
Agreed to by Congress November 15,
1777; ratified and in force, March 1, 1781.
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 |
