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Articles of Confederation
and Perpetual Union
TO ALL 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.
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
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.
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 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.
Article 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.
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 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.
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 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 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.
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 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.
Article 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.
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 pleged.
Article 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.
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