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ARTICLES OF CONFEDERATION
TO ALL TO WHOM THESE PRESENTS SHALL COME,
WE THE 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 Newhampshire, Massachusetts-bay,
Rhode Island and Providence Plantations, Connecticut, New York, New
Jersey, Pennsylvania, Delaware, 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, 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
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 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 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 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, 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 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 jurisdiction 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 thro' 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 cloath, arm and equip them in a soldier 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
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 as the quota of such State,
unless the legislature of such State shall judge that such extra number
cannot be safely spared outside 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 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 secresy; 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.
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