
Nov. 15, 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 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