|
Articles
of Confederation
1 Mar. 1781 Tansill 27--37
To all to whom these
Presents shall come, we the under signed 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,
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 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 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 judgment 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 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
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.
Article 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 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
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 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 thereupon the legislature of each state
shall appoint the regimental officers, raise the men and cloath, arm and
equip them in a soldier 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 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 state 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 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 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
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.
Josiah Bartlett,
John Wentworth, junr August 8th, 1778, } On the part & behalf of the
State of New Hampshire.
John Hancock,
Samuel Adams,
Elbridge Gerry,
Francis Dana,
James Lovell,
Samuel Holten, } On the part and behalf of the State of Massachusetts
Bay.
William Ellery,
Henry Marchant,
John Collins, } On the part and behalf of the State of Rhode-Island and
Providence Plantations.
Roger Sherman,
Samuel Huntington,
Oliver Wolcott,
Titus Hosmer,
Andrew Adams, } On the part and behalf of the State of Connecticut.
Jas Duane,
Fra: Lewis,
Wm Duer,
Gouvr Morris, } On the part and behalf of the State of New York.
Jno Witherspoon,
Nathl Scudder, } On the Part and in Behalf of the State of New Jersey,
November 26th, 1778.
Robert Morris,
Daniel Roberdeau,
Jon. Bayard Smith,
William Clingar,
Joseph Reed, 22d July, 1778, } On the part and behalf of the State of
Pennsylvania.
Thos McKean, Febr 22d, 1779,
John Dickinson, May 5th, 1779,
Nicholas Van Dyke, } On the part & behalf of the State of Delaware.
John Hanson, March 1, 1781,
Daniel Carroll, do } On the part and behalf of the State of Maryland.
Richard Henry Lee,
John Banister,
Thomas Adams,
Jno Harvie,
Francis Lightfoot Lee, } On the Part and Behalf of the State of Virginia.
John Penn, July 21st, 1778,
Corns Harnett,
Jno Williams, } On the part and behalf of the State of North Carolina.
Henry Laurens,
William Henry Drayton,
Jno Mathews,
Richd Hutson,
Thos Heyward, junr. } On the part and on behalf of the State of South
Carolina.
Jno Walton, 24th July, 1778,
Edwd Telfair, Edwd Langworthy,
}On the part and behalf of the State of Georgia
Documents Illustrative of the Formation of the Union of the American
States. Edited by Charles C. Tansill. 69th Cong., 1st sess. House Doc.
No. 398. Washington, D.C.: Government Printing Office, 1927.
Handlin, Oscar, and Handlin, Mary, eds. The Popular Sources of Political
Authority: Documents on the Massachusetts Constitution of 1780.
Cambridge: Belknap Press of Harvard University Press, 1966.
|
