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Articles Of
Confederation
Agreed to by Congress
November 15, 1777; ratified and in force, March 1, 1781.
Preamble 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.
Article I. The Stile of this
Confederacy shall be "The United States of America."
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 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.
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 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.
Article 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.
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, 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.
Article 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.
Article 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.
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 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 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 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.
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 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.
Article 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.
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.
Article 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.
On the part and behalf of the State of New Hampshire:
Josiah
Bartlett
John Wentworth Junr. August 8th 1778
On the part and behalf of The State of Massachusetts Bay:
John
Hancock
Samuel Adams
Elbridge Gerry
Francis Dana
James
Lovell
Samuel Holten
On the part and behalf of the State of Rhode Island and Providence
Plantations:
William Ellery
Henry Marchant
John Collins
On the part and behalf of the State of Connecticut:
Roger
Sherman
Samuel Huntington
Oliver Wolcott
Titus Hosmer
Andrew
Adams
On the Part and Behalf of the State of New York:
James Duane
Francis
Lewis
Wm Duer
Gouv Morris
On the Part and in Behalf of the State of New
Jersey, November 26, 1778. .
Jno Witherspoon
Nath. Scudder
On the part and behalf of the State of Pennsylvania:
Robt Morris
Daniel
Roberdeau
John Bayard SmithWilliam Clingan
Joseph Reed 22nd July
1778
On the part and behalf of the State of Delaware:
Tho Mckean February 12,
1779
John Dickinson May 5th 1779
Nicholas Van Dyke
On the part and behalf of the State of Maryland:
John Hanson March 1
1781
Daniel Carroll
On the Part and Behalf of the State of Virginia:
Richard Henry Lee
John
Banister
Thomas Adams
Jno Harvie
Francis Lightfoot
Lee
On the part and Behalf of the State of No Carolina:
John Penn July 21st
1778
Corns Harnett
Jno
Williams
On the part and behalf of the State of South Carolina:
Henry
Laurens
William Henry Drayton
Jno Mathews
Richd Hutson
Thos
Heyward Junr
On the part and behalf of the State of Georgia:
Jno Walton 24th July
1778
Edwd Telfair
Edwd
Langworthy
The Continental Congress
adopted the Articles of Confederation , the first constitution of the United States, on November
15, 1777. However, ratification of the Articles of Confederation by all thirteen
states did not occur until March 1, 1781. The Articles created a loose
confederation of sovereign states and a weak central government, leaving most of
the power with the state governments. The need for a stronger Federal government
soon became apparent and eventually led to the Constitutional Convention in
1787. The present United States Constitution replaced the Articles of
Confederation on March 4, 1789.
While the Constitution replaced the Articles of Confederation, they did not
nullify them, they are still apart of our laws today.