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THE ARTICLES OF CONFEDERATION (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, accpt 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 Stats 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 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.
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