| Articles
of Confederation |
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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