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The Articles of Confederation
THE ARTICLES OF CONFEDERATION
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 indepen-
dence, 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 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 imprison-
ments, 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 commis-
sions to any ships or vessels of war, nor letters of marque or repri-
sal, 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 commited on the high seas and es-
tablishing 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 judge-
ment, 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 jurisdic-
tion, 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 legisla-
tive 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 regimen-
tal 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 adjourn-
ing 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 ex-
cepted, 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 as-
sembled, 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 con-
stituents, 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<br>
In force after ratification by Maryland, 1 March 1781
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