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 judgment 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 marquee 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 marquee 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 he
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 cloth, 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 marquee 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.