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Great Documents of Freedom!
Articles of Confederation
The Articles of Confederation and Perpetual Union -- 1777
To all to whom these Presents shall come, we the undersigned Delegates of the
States affixed to our Names, send greeting.
Whereas the Delegates of the United States of America, in Congress assembled,
did, on the 15th day of November, in the Year of Our Lord One thousand Seven
Hundred and Seventy seven, and in the Second Year of the Independence of America,
agree to certain articles of Confederation and perpetual Union between the States
of New-hampshire, Massachusetts-bay, Rhodeisland and Providence Plantations,
Connecticut, New York, New Jersey Pennsylvania, Delaware, Maryland, Virginia,
North-Carolina, South-Carolina, and Georgia in the words following, viz. "Articles
of Confederation and perpetual Union between the states of New-hampshire, Massachusetts-bay,
Rhodeisland 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 defence, 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 pretence 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 have 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 restriction 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 offence. 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 more convenient management of the general interests of the united states,
delegates shall be annually appointed in such manner as the legislature 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 recal 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 by 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 and 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 of 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 vessels 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 defence 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 defence 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 field 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 defence, 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 expences that shall be incurred for the common
defence or general welfare, and allowed by the united states in congress assembled,
shall be def rayed 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
to 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 cause 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 favour, 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 standard 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
thro' the same as may be requisite to defray the expences 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 number 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 expences 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 soldier like manner,
at the expence of the united states; and the officers and men so cloathed, armed
and quipped 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 than its quota, and that
any other state should raise a greater 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 such state, unless the legislature of such sta
te shall judge that such extra number cannot be safely spared out of 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 and 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 expences necessary for the defence 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 a 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 delegate; and the 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 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 is requisite.
Article XI.
Canada acceding to this confederation, and joining 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 determinations 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 pur pose, 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 of & behalf of the State of New Hampshire:
Josiah Bartlett
John Wentworth. Junr; August 8th, 1778
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 New York:
Jas Duane
Fra: Lewis
Wm Duer
Gouvr Morris
On the part and behalf of the State of Pennsylvania:
Robert Morris
Daniel Roberdeau
Jon. Bayard Smith
William Clingar
Joseph Reed; 22d July, 1778
On the part and behalf of the State of Maryland:
John Hanson; March 1, 1781
Daniel Carroll, do.
On the part and behalf of the State of North Carolina:
John Penn; July 21st, 1778
Corns Harnett
Jno Williams
On the part and behalf of the State of Georgia:
Jno Walton; 24th July, 1778
Edwd Telfair
Edwd Langworthy
On the part of & 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 Connecticut:
Roger Sherman
Samuel Huntington
Oliver Wolcott
Titus Hosmer
Andrew Adams
On the Part and in Behalf of the State of New Jersey, November 26th, 1778:
Jno Witherspoon
Nathl Scudder
On the part and behalf of the State of Delaware:
Thos McKean; Febr 22d, 1779
John Dickinson; May 5th, 1779
Nicholas Van Dyke
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 South Carolina:
Henry Laurens
William Henry Drayton
Jno Mathews
Richd Hutson
Thos Heyward, junr.
