The Articles of Confederation
Nov. 15, 1777
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.
I. The Stile of this Confederacy shall be "The United
States of America".
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.
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.
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.
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 powerreserved 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 attendence on
Congress, except for treason, felony, or breach of the peace.
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.
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.
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.
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 commited 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
presecribed 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
judeg 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.
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.
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.
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 pleged.
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.
Agreed to by Congress 15 November 1777
In force after ratification by
Maryland, 1 March 1781
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