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 fifteenth day of November in
the year of our Lord seventeen 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, Rhode Island 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, Rhode Island and
Providence Plantations, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina and Georgia.
ARTICLE I. The style 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 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.
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 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 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 asembled,
specifying accurately the purposes for which the same is to
be entered into, and how long it shall continue.
No state shall lay any impost 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,
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
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, all vacancies
shall be filled up by the state which first made the
appointment.
ARTICLE VIII. All charges of war, and all other
expenses that shall be incurred for the common defence 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 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 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 can not 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 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 proceeds 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
jurisdiction 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 the
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 respective state 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
state within its own limits be not infringed or violated;
establishing and 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 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 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 therepon
the legislature of each state shall appoint the regimental
officers, raise the men and clothe, arm and equip them in a
soldierlike manner, at the expense of the United States; and
the officers and men so clothed, 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 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, clothed, armed and equipped in the same
manner as the quota of such state, unless the legislature of
such state shall judge that such extra number can not be
safely spared out of the same, in which case they shall
raise, officer, clothe, arm and equip as many of such extra
number as they judge can be safely spared. And the officers
and men so clothed, 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 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 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 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
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, moneys
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 quesions 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 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 and behalf of New Hampshire.
Josiah Bartlett |
John Wentworth, Junr. |
August 8th, 1778 |
On the part and behalf of the State of Massachusetts
Bay.
John Hancock |
Francis Dana |
Samuel Adams |
James Lovell |
Elbridge Gerry |
Samuel Holton |
On the part and behalf of Rhode Island and Providence
Plantations.
William Ellery |
John Collins |
Henry Marchant |
On the part and behalf of the State of Connecticut.
Roger Sherman |
Titus Hosmer |
Samuel Huntington |
Andrew Adams |
Oliver Wolcott |
On the part and behalf the State of New York.
Jas. Duane |
Wm. Duer |
Fra. Lewis |
Gouv. Morris |
On the part and behalf of the State of New Jersey
(Novr. 26, 1778.)
Jno. Witherspoon |
Nathl. Scudder |
On the part and behalf of the State of Pennsylvania.
Robt. Morris |
William Clingan |
Daniael Roberdeau |
Joseph Reed |
Jona. Bayard Smith |
22d July 1778 |
On the part and behalf of the State of Delaware.
Tho. M'Kean |
John Dickinson |
Nicholas Van Dyke |
Feby. 12, 1779 |
May 5th, 1779 |
On the part and behalf of the State of Maryland.
John Hanson |
Daniel Carroll |
March 1, 1781 |
On the part and behalf of the State of Virginia.
Richard Henry Lee |
Jno. Harvie |
John Banister |
Francis Lightfoot Lee |
Thomas Adams |
On the part and behalf of the State of North Carolina.
John Penn |
Conrns. Harnett |
July 21st, 1778 |
Jno. Williams |
On the part and behalf of the State of South Carolina.
Henry Laurens |
Richd. Hutson |
William Henry Drayton |
Thos. Heyward Junr. |
Jno. Mathews |
On the part and behalf of the State of Georgia.
Jno. Walton |
Edwd. Telfair |
24th July, 1778 |
Edwd. Langworthy |
|