15 November 1777
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 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, withoutfavor,
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
andauthority 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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