Articles of Confederation
[The Continental Congress appointed a committee to ascertain the
form of government the colonies should establish; a draft of
which was reported on 12 July 1776, and which, after many
changes, the Congress adopted on 15 November 1777. These articles
were not instituted until each state approved them, the last
being Maryland on 1 March 1781; and the articles were then
superseded by the Constitution in 1789.]
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, Virginia, North Carolina, South Carolina
and Georgia in the Words following, viz.
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 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 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
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 interest 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, 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
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 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 or 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 favour,
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 jurisdiction
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 thro’ 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 cloath,
arm and equip them in a soldier 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 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,
cloathed, armed and equipped in the same as the quota of such
State, unless the legislature of such State shall judge that such
extra number cannot be safely spared outside of 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 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 secresy; 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
Jas. Duane
Fra. Lewis
Gouv. Morris
Wm. Duer
On the part and in behalf of the State of New Jersey, Novr. 26,
1778
Jno. Witherspoon
Nathl. Scudder
On the part and behalf of the State of Pennsylvania
Robt. Morris
Daniel Roberdeau
Jno. Bayard Smith
William Clingan
Joseph Reed, 22d July 1778
On the part & behalf of the State of Delaware
Thos.M’Kean, Feby. 12, 1779
Nicholas Van Dyke
John Dickinson, May 5th, 1779
On the part and behalf of the State of Maryland
John Hanson, March 1, 1781
Daniel Carroll, Mar. 1, 1781
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 North Carolina
John Penn, July 21, 1778
Corns. Harnett
Jno. Williams
On the part & behalf of the State of South Carolina
Henry Laurens
William Henry Drayton
Jno. Matthews
Richd. Hutson
Thos. Heyward, Junr
On the part & behalf of the State of Georgia
Edwd. Telfair
Jno. Walton, 24th July, 1778
Edwd. Langworthy
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