The Articles of Confederation
Agreed to by Congress 15 November 1777
In force after ratification by Maryland, 1 March 1781
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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.
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Prepared by Gerald Murphy (The Cleveland Free-Net - aa300)
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