THE ARTICLES OF
CONFEDERATION
Courtesy of the U.S.
Historical Documents Archive
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 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 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.