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Nov. 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 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 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 -- 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 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
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