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 style 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 attendance 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 judgment 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 committed 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 judgment 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
judgment, which shall in like manner be final and decisive, the judgment
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
judgment, 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 judgment, 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 clothe, arm and equip them in a solid-like
manner, at the expense of the United States; and the officers and men so
clothed, 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, clothed, 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 clothed, 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 judgment 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.
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Articles
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