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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 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
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 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 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 judge 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 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.
Agreed to by Congress 15 November 1777
In force after ratification by Maryland, 1 March 1781
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