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1777
AMERICAN HISTORICAL DOCUMENTS
ARTICLES OF CONFEDERATION
The Articles of Confederation
Agreed to by Congress November 15, 1777;
ratified and in force, March 1, 1781
TO ALL TO WHOM these Presents shall come, we the undersigned
Delegates of the States affixed to our Names send greeting. Whereas
the Delegates of the United States of America in Congress assembled
did on the fifteenth day of November in the Year of our Lord One
Thousand Seven Hundred and Seventy Seven, and in the Second Year of
the Independence of America agree to certain 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 in the Words following, viz.
"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.
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Article I. The Style of this confederacy shall be "The United States
of America."
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Article 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.
-
Article III. The said States hereby severally enter into a firm
league of friendship with each other, for their common defence, 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 pretence whatever.
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Article 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 have 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 restriction 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 offence.
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.
-
Article V. For the more convenient management of the general
interests of the United States, delegates shall be annually
appointed in such manner as the legislature 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 by
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 and
imprisonments, during the time of their going to and from, and
attendance on Congress, except for treason, felony, or breach of the
peace.
-
Article 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, or 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 of 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 vessels 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 defence 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 defence 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 field 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.
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Article VII. When land forces are raised by any state for the common
defence, 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.
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Article VIII. All charges of war, and all other expenses that
shall be incurred for the common defence 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 to 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.
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Article 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 cause whatever; which authority
shall always be exercised in the manner following:- Whenever the
legislative or executive authority or lawful agent 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 to 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 standard 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 and 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
number 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 soldier 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 than its quota, and that any other state
should raise a greater 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 such State, unless the
legislature of such state shall judge that such extra number cannot be
safely spared out of the same, in which case they shall raise officer,
clothe, 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 and 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 defence
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 a
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 delegate;
and the 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.
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Article 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 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 is requisite.
-
Article XI. Canada acceding to this Confederation, and joining 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.
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Article 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.
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Article XIII. Every State shall abide by the determinations 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.
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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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On the part and behalf of the State of New Hampshire:
JOSIAH BARTLETT
JOHN WENTWORTH JUNR.
August 8th 1778
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On the part and behalf of The State of Massachusetts Bay:
JOHN HANCOCK FRANCIS DANA
SAMUEL ADAMS JAMES LOVELL
ELBRIDGE GERRY SAMUEL HOLTEN
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On the part and behalf of the State of Rhode Island and Providence
Plantations:
WILLIAM ELLERY JOHN COLLINS
HENRY MARCHANT
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On the part and behalf of the State of Connecticut:
ROGER SHERMAN TITUS HOSMER
SAMUEL HUNTINGTON ANDREW ADAMS
OLIVER WOLCOTT
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On the Part and Behalf of the State of New York:
JAMES DUANE WM DUER
FRANCIS LEWIS GOUV MORRIS
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On the Part and in Behalf of the State of New Jersey, November 26,
1778.
JNO WITHERSPOON
NATHANIEL SCUDDER
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On the part and behalf of the State of Pennsylvania:
ROBT MORRIS WILLIAM CLINGAN
DANIEL ROBERDEAU JOSEPH REED
JOHN BAYARD SMITH
22nd July 1778
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On the part and behalf of the State of Delaware:
THO McKEAN February 12, 1779
JOHN DICKINSON May 5th 1779
NICHOLAS VAN DYKE,
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On the part and behalf of the State of Maryland:
JOHN HANSON March 1 1781
DANIEL CARROLL DO
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On the Part and Behalf of the State of Virginia:
RICHARD HENRY LEE JNO HARVIE
JOHN BANISTER FRANCIS LIGHTFOOT LEE
THOMAS ADAMS
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On the part and Behalf of the State of No Carolina:
JOHN PENN July 21st 1778
CORNS HARNETT
JNO WILLIAMS
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On the part and behalf of the State of South Carolina:
HENRY LAURENS RICHD HUTSON
WILLIAM HENRY DRAYTON THOS HEYWARD JUNR
JNO MATHEWS
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On the part and behalf of the State of Georgia:
JNO WALTON 24th July 1778
EDWD TELFAIR
EDWD LANGWORTHY