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FRtR > Documents > Articles of Confederation, 1781
The Articles of the Confederation (1781)
*** Quote ***
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
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