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The Articles of Confederation
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 powerreserved 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, 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.
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 judeg 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 pleged.
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 November 15, 1777. In force after ratification by
Maryland, March 1, 1781
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