Agreed to by Congress 15 November 1777. In force after ratification by
Maryland, 1 March 1781
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.
(Style)
The Stile of this Confederacy shall be
"The United States of America".
II.
(States Rights)
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.
(Mutual defense)
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.
(Laws of other states to be abided; extradition)
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.
(The Legislature)
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.
(Rights denied the States)
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.
(Appointment of military officers)
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.
(United States to pay for defense; taxes)
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.
(Rights granted the Federal Government)
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.
(Committee of States)
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 may join the United States)
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.
(Assumption of debt)
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.
(Articles are Supreme Law, amendment)
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. |