Articles of Confederation
TO ALL TO WHOM these Presents shall
come, we the undersigned Delegates of the States affixed to our Names send
greeting. Whereas the Delegates of the United States of America in
Congress assembled did on the fifteenth day of November in the Year of our
Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year
of the Independence of America agree to certain 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 in the Words following, viz. "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 Style 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
defence, 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 pretence 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 have 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 restriction
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
offence.
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 more convenient management of the
general interests of the united states, delegates shall be annually
appointed in such manner as the legislature 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 by 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 and 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, or 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 of 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 vessels 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 defence 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 judgment of
the united states, in congress assembled, shall be deemed requisite to
garrison the forts necessary for the defence 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 field 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 defence, 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 defence 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 to 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 cause whatever; which
authority shall always be exercised in the manner following. Whenever
the legislative or executive authority or lawful agent 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 judgment 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 to defend their claim or
cause, the court shall nevertheless proceed to pronounce sentence, or
judgment, which shall in like manner be final and decisive, the judgment
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
judgment, 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 judgment, 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 standard 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 and 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
number 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 clothe, arm and equip them in a soldier like
manner, at the expense of the united states, and the officers and men so
clothed, 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 than its quota, and that any other state
should raise a greater number of men than the quota thereof, such extra
number shall be raised, officered, clothed, armed and equipped in the
same manner as the quota of such state, unless the legislature of such
state shall judge that such extra number cannot be safely spared out of
the same, in which case they shall raise officer, clothe, arm and equip
as many of such extra number as they judge can be safely spared. And the
officers and men so clothed, 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 and 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 defence 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 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 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 judgment 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 delegate; and the 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 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
is requisite.
Article XI.
- Canada acceding to this confederation, and
joining 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
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 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 & 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
SAMUEL ADAMS
ELBRIDGE GERRY
FRANCIS DANA
JAMES LOVELL
SAMUEL HOLTEN
On the part and behalf of the State of
Rhode Island and Providence Plantations
WILLIAM ELLERY
HENRY MARCHANT
JOHN COLLINS
On the part and behalf of the State of
Connecticut
ROGER SHERMAN
SAMUEL HUNTINGTON
OLIVER WOLCOTT
TITUS HOSMER ANDREW ADAMS
On the Part and Behalf of the State of
New York
JAMES DUANE
FRANCIS LEWIS
WM DUER
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
DANIEL ROBERDEAU
JOHN BAYARD SMITH.
WILLIAM CLINGAN
JOSEPH REED
22nd July 1778
On the part & 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
JOHN BANISTER
THOMAS ADAMS
JNo HARVIE
FRANCIS LIGHTFOOT LEE
On the part and Behalf of the State of
No Carolina
JOHN PENN
July 21st 1778
CORNs HARNETT
JNo WILLIAMS
On the part & behalf of the State of
South Carolina
HENRY LAURENS
WILLIAM HENRY DRAYTON
JNo MATHEWS
RICHD HUTSON
THOs HEYWARD Junr
On the part & behalf of the State of
Georgia JNo WALTON
24th July 1778
EDWD TELFAIR
EDWD LANGWORTHY
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