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The
Articles of Confederation
Nov.
15, 1777
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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