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 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 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 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.
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 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.
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 pledged.
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.
Passed in Congress November 15, 1777.
Took effect when ratified by three-fourths of the States, which occurred when ratified by Maryland on March 1, 1781.