To all to Whom these Presents shall come, we
the undersigned Delegates of the States affixed to our Names send greetings.
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 Newhampshire, 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 Newhampshire, 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 of 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 be 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 the 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 interest 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[l] 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 purpose 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 in 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 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 all owed 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 or 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 final 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 the 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 shewing 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, Awell
and truly to hear and determine the matter in question, according to the best of
his judgement, 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 manageing 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 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 other such committees and civil officers as may
be necessary for manageing 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 cloath, 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 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 the 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 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 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 to 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.
ARTICLEXI
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 is 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 afterward confirmed by the legislatures of every state.
An 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
Jas. Duane Fra.
Lewis Gouv. Morris Wm.
Duer
On the part and behalf
of the State of New Jersey Novr. 26,
1778
Jno. Witherspoon Nathl. Scudder |
On the part and behalf of the State of Pennsylvania
Robt. Morris Daniel
Roberdeau Jno. Bayard Smith William Clingan Joseph Reed, 22nd July,
1778
On the part &
behalf of the State of Delaware
Thos M'Kean, Feby. 12, 1779 Nicholas Van Dyke John Dickinson, May
5th, 1779
On the part and behalf
of the State of Maryland
John Hanson, March 1, 1781 Daniel Carroll, Mar. 1, 1781
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 21, 1778 Corns. Harnett Jno. Williams
On the part &
behalf of the State of South Carolina
Henry Laurens William
Henry Drayton Jno. Matthews Richd. Hutson Thos. Heyward, Junr
On the part &
behalf of the State of Georgia
Edwd. Telfair Jno.
Walton, 24th July, 1778 Edwd.
Langworthy
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