The 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 |