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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 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, Rhodeisland 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, Rhodeisland
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
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 expences 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 commo n
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 expences 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 expences
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 cloth, arm and
equip them in a soldier like manner, at the expence of the united
states; and the officers and men so cloathed, armed and quipped
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 expences 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 pr esents, 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 of & behalf of the
State of New Hampshire:
- Josiah Bartlett, John Wentworth. Junr; August 8th, 1778.
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 New
York:
- Jas Duane, Fra: Lewis, Wm Duer, Gouvr Morris.
On the part and behalf of the State of
Pennsylvania:
- Robert Morris, Daniel Roberdeau, Jon. Bayard Smith, William
Clingar, Joseph Reed; 22d July, 1778.
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
North Carolina:
- John Penn; July 21st, 1778, Corns Harnett, Jno Williams.
On the part and behalf of the State of
Georgia:
- Jno Walton; 24th July, 1778, Edwd Telfair, Edwd
Langworthy.
On the part of & 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
Connecticut:
- Roger Sherman,Samuel Huntington,Oliver Wolcott,Titus
Hosmer,Andrew Adams.
On the Part and in Behalf of the State of
New Jersey,
November 26th, 1778:
- Jno Witherspoon, Nathl Scudder.
On the part and behalf of the State of
Delaware:
- Thos McKean; Febr 22d, 1779,
- John Dickinson; May 5th, 1779,
- Nicholas Van Dyke.
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 South
Carolina:
- Henry Laurens, William Henry Drayton, Jno Mathews, Richd Hutson,
Thos Heyward, junr.
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