ARTICLES OF CONFEDERATION—1777

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 Seventyseven, and in the Second Year of the Independence of America agree to certain arti- cles of Confederation and perpetual Union between the States of Newhampshire, Massachu- setts-bay, Rhodeisland and Providence Planta- tions, 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, Massachusettsbay, Rhodeisland and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia.

1 Congress Resolved, on the 11th of June, 1776, that a committee should be appointed to prepare and digest the form of a confed- eration to be entered into between the Colonies; and on the day following, after it had been determined that the committee should consist of a member from each Colony, the following per- sons were appointed to perform that duty, to wit: Mr. Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R. Livingston, Mr. Dickinson, Mr. M’Kean, Mr. Stone, Mr. Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. Upon the report of this com- mittee, the subject was, from time to time, debated, until the 15th of November, 1777, when a copy of the confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was finally agreed to. Congress, at the same time, directed that the articles should be proposed to the legislatures of all the United States, to be considered, and if approved of by them, they were advised to authorize their dele- gates to ratify the same in the Congress of the United States; which being done, the same should become conclusive. Three hundred copies of the Articles of Confederation were ordered to be printed for the use of Congress; and on the 17th of November, the form of a circular letter to accompany them was brought in by a committee appointed to prepare it, and being agreed to, thirteen copies of it were ordered to be made out, to be signed by the president and forwarded to the several States, with copies of the confederation. On the 29th of November ensuing, a com- mittee of three was appointed, to procure a translation of the ar- ticles to be made into the French language, and to report an ad- dress to the inhabitants of Canada, &c. On the 26th of June, 1778, the form of a ratification of the Articles of Confederation was adopted, and, it having been engrossed on parchment, it was signed on the 9th of July on the part and in behalf of their re- spective States, by the delegates of New Hampshire, Massachu- setts Bay, Rhode Island and Providence Plantations, Connecti- cut, New York, Pennsylvania, Virginia, and South Carolina, agreeably to the powers vested in them. The delegates of North Carolina signed on the 21st of July, those of Georgia on the 24th of July, and those of New Jersey on the 26th of November follow- ing. On the 5th of May, 1779, Mr. Dickinson and Mr. Van Dyke signed in behalf of the State of Delaware, Mr. M’Kean having previously signed in February, at which time he produced a power to that effect. Maryland did not ratify until the year 1781. She had instructed her delegates, on the 15th of December, 1778, not to agree to the confederation until matters respecting the western lands should be settled on principles of equity and sound policy; but, on the 30th of January, 1781, finding that the en- emies of the country took advantage of the circumstance to dis- seminate opinions of an ultimate dissolution of the Union, the

Page I

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, ju- risdiction and right, which is not by this confed- eration 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 reli- gion, sovereignty, trade, or any other pretence whatever.

ARTICLE IV. The better to secure and perpet- uate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, pau- pers, vagabonds and fugitives from justice ex- cepted, shall be entitled to all privileges and im- munities of free citizens in the several States; and the people of each State shall have free in- gress 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 restric- tions 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 inhab- itant; 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 trea- son, 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 manage- ment of the general interests of the United

legislature of the State passed an act to empower their delegates to subscribe and ratify the articles, which was accordingly done by Mr. Hanson and Mr. Carroll, on the 1st of March of that year, which completed the ratifications of the act; and Congress as- sembled on the 2d of March under the new powers.

NOTE.—The proof of this document, as published above, was read by Mr. Ferdinand Jefferson, the Keeper of the Rolls of the Department of State, at Washington, who compared it with the original in his custody. He says: ‘‘The initial letters of many of the words in the original of this instrument are capitals, but as no system appears to have been observed, the same words some- times beginning with a capital and sometimes with a small let- ter, I have thought it best not to undertake to follow the origi- nal in this particular. Moreover, there are three forms of the let- ter s: the capital S, the small s and the long s, the last being used indiscriminately to words that should begin with a capital and those that should begin with a small s.’’

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 dele- gates, 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 dele- gate 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 mem- bers of Congress shall be protected in their per- sons 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 be- tween them, without the consent of the United States in Congress assembled, specifying accu- rately 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 pro- posed 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 dis- ciplined militia, sufficiently armed and accou- tered, 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 assem- bled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of In- dians 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 con- sulted: nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declara- tion of war by the United States in Congress as- sembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regula- tions 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 va- cancies 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, grant- ed 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 Con- gress assembled.

ARTICLE IX. The United States in Congress as- sembled, shall have the sole and exclusive right and power of determining on peace and war, ex- cept in the cases mentioned in the sixth arti- cle—of sending and receiving ambassadors—en- tering 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 expor- tation 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 serv- ice of the United States shall be divided or ap- propriated—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 receiv- ing and determining finally appeals in all cases of captures, provided that no member of Con- gress shall be appointed a judge of any of the said courts.

ARTICLES OF CONFEDERATION—1777 Page II

Page III ARTICLES OF CONFEDERATION—1777

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 concern- ing boundary, jurisdiction or any other cause whatever; which authority shall always be exer- cised in the manner following. Whenever the leg- islative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress, stating the mat- ter 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 con- stitute 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 per- sons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that num- ber not less than seven, nor more than nine names as Congress shall direct, shall in the pres- ence 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 deter- mination: and if either party shall neglect to at- tend at the day appointed, without showing rea- sons, which Congress shall judge sufficient, or being present shall refuse to strike, the Con- gress shall proceed to nominate three persons out of each State, and the Secretary of Congress shall strike in behalf of such party absent or re- fusing; and the judgment and sentence of the court to be appointed, in the manner before pre- scribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the au- thority of such court, or to appear or defend their claim or cause, the court shall neverthe- less proceed to pronounce sentence, or judg- ment, 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: pro- vided 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 de- prived 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 re- spect such lands, and the States which passed such grants are adjusted, the said grants or ei- ther 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 fi- nally determined as near as may be in the same

manner as is before prescribed for deciding dis- putes 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 respec- tive States.—fixing the standard of weights and measures throughout the United States.—regu- lating 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 vio- lated—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 req- uisite to defray the expenses of the said office— appointing all officers of the land forces, in the service of the United States, excepting regimen- tal 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 ap- point 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 re- spective 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 in- habitants 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 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 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 as- sent 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 ma- jority of the United States in Congress assem- bled.

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 month- ly, except such parts thereof relating to trea- ties, 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 de- sired 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 as- sembled, 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 as- sembled is requisite.

ARTICLE XI. Canada acceding to this confed- eration, and joining in the measures of the United States, shall be admitted into, and enti- tled 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, mon- ies 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 con- federation are submitted to them. And the arti- cles of this confederation shall be inviolably ob- served 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 has pleased the Great Governor of the world to incline the hearts of the Legisla- tures 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 mat- ters and things therein contained: and we do fur- ther solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Con- gress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably ob- served by the States we re[s]pectively 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 hun- dred and seventy-eight, and in the third year of the independence of America.2

On the part & behalf of the State of New Hampshire

ARTICLES OF CONFEDERATION—1777 Page IV

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,

WM. DUER, GOUV. MORRIS.

On the part and in behalf of the State of New Jersey, Novr. 26, 1778

JNO. WITHERSPOON. NATHL. SCUDDER.

On the part and behalf of the State of Pennsylvania

2 From the circumstances of delegates from the same State having signed the Articles of Confederation at different times, as appears by the dates, it is probable they affixed their names as they happened to be present in Congress, after they had been au- thorized by their constituents.

Page V

ARTICLES OF CONFEDERATION—1777

ROBT. MORRIS, DANIEL ROBERDEAU, JONA. BAYARD

SMITH,

WILLIAM CLINGAN, JOSEPH REED, 22d

July, 1778.

JOHN BANISTER, FRANCIS LIGHTFOOT THOMAS ADAMS, LEE.

On the part and behalf of the State of No. Carolina

JOHN PENN, CORNS. HARNETT, July 21st, 1778. JNO. WILLIAMS.

On the part & behalf of the State of South Carolina

On the part & behalf of the State of Delaware

THO. M’KEAN, Feby. 12, 1779.

JOHN DICKINSON, May 5th, 1779.

NICHOLAS VAN DYKE.

On the part and behalf of the State of Maryland

JOHN HANSON, DANIEL CARROLL, March 1, 1781. Mar. 1, 1781.

On the part and behalf of the State of Virginia

RICHARD HENRY LEE, JNO. HARVIE,

HENRY LAURENS, WILLIAM HENRY

DRAYTON, JNO. MATHEWS,

RICHD. HUTSON,
THOS. HEYWARD, Junr.

On the part & behalf of the State of Georgia

JNO. WALTON, 24th EDWD. TELFAIR, July, 1778. EDWD. LANGWORTHY.