The Articles of Confederation
November 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 Title
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.
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
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 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.
Agreed to by Congress 15 November 1777
In force after ratification by Maryland, 1 March 1781
