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 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 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 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 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, or 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 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, in 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 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 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, 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 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 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 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 to 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 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
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 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 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 clothe, arm and equip them
in a soldier like 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 cannot
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 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 defence 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.
On the
part & behalf of the State of New Hampshire:
JOSIAH BARTLETT
JOHN WENTWORTH JUNR.
August 8th 1778
On the
part and behalf of The State of Massachusetts Bay
JOHN HANCOCK
SAMUEL ADAMS
ELBRIDGE GERRY
FRANCIS DANA
JAMES LOVELL
SAMUEL HOLTEN
On the
part and behalf of the State of Rhode Island and Providence Plantations
WILLIAM ELLERY
HENRY MARCHANT
JOHN COLLINS
On the
part and behalf of the State of Connecticut
ROGER SHERMAN
SAMUEL HUNTINGTON
OLIVER WOLCOTT
TITUS HOSMER ANDREW ADAMS
On the
Part and Behalf of the State of New York
JAMES DUANE
FRANCIS LEWIS
WM DUER
GOUV MORRIS
On the
Part and in Behalf of the State of New Jersey, November 26, 1778.
JNO WITHERSPOON
NATHANIEL SCUDDER
On the
part and behalf of the State of Pennsylvania
ROBT MORRIS
DANIEL ROBERDEAU
JOHN BAYARD SMITH.
WILLIAM CLINGAN
JOSEPH REED
22nd July 1778
On the
part & behalf of the State of Delaware
THO McKEAN
February 12, 1779
JOHN DICKINSON
May 5th 1779
NICHOLAS VAN DYKE,
On the
part and behalf of the State of Maryland
JOHN HANSON
March 1 1781
DANIEL CARROLL do
On the
Part and Behalf of the State of Virginia
RICHARD HENRY LEE
JOHN BANISTER
THOMAS ADAMS
JNo HARVIE
FRANCIS LIGHTFOOT LEE
On the
part and Behalf of the State of No Carolina
JOHN PENN
July 21st 1778
CORNs HARNETT
JNo WILLIAMS
On the
part & behalf of the State of South Carolina
HENRY LAURENS
WILLIAM HENRY DRAYTON
JNo MATHEWS
RICHD HUTSON
THOs HEYWARD Junr
On the part & behalf of the State of Georgia JNo WALTON
24th July 1778
EDWD TELFAIR
EDWD LANGWORTHY