The Articles of
Confederation and Perpetual Union — 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 15th 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, 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 New-hampshire,
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 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 recal 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 expences that shall be incurred for the common defence or general
welfare, and allowed by the united states in congress assembled, shall
be def rayed 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 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 or 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 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 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 cloth, 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 quipped 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 sta te 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 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.
(the 1777 Articles of Confederation
are now defunct
{why?), but it shows the kind thinking
of the early United States toward Canada)
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 pur pose, 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
of & behalf of the State of New Hampshire:
Josiah Bartlett
John Wentworth. Junr; August 8th, 1778
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 New York:
Jas Duane
Fra: Lewis
Wm Duer
Gouvr Morris
On the part
and behalf of the State of Pennsylvania:
Robert Morris
Daniel Roberdeau
Jon. Bayard Smith
William Clingan
Joseph Reed; 22d July, 1778
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 North Carolina:
John Penn; July 21st, 1778
Corns Harnett
Jno Williams
On the part
and behalf of the State of Georgia:
Jno Walton; 24th July, 1778
Edwd Telfair
Edwd Langworthy
On the part
of & 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 Connecticut:
Roger Sherman
Samuel Huntington
Oliver Wolcott
Titus Hosmer
Andrew Adams
On the Part
and in Behalf of the State of New Jersey, November 26th, 1778:
Jno Witherspoon
Nathl Scudder
On the part
and behalf of the State of Delaware:
Thos McKean; Febr 22d, 1779
John Dickinson; May 5th, 1779
Nicholas Van Dyke
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 South Carolina:
Henry Laurens
William Henry Drayton
Jno Mathews
Richd Hutson
Thos Heyward, junr.