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 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
them-selves 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 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 re-moved 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
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 conferrence, 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 accounted, 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 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 Sates, 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 determine-ing 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 in-fringed 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 con-federation, 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 con-firmed 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.
