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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.
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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 attendance on Congress, except for
treason, felony, or breach of the peace.
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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.
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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.
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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 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 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 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.
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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.
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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.
Agreed
to by Congress 15 November 1777
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