ARTICLES OF CONFEDERATION & PERPETUAL UNION
Nov. 15, 1777
I. The Stile of this Confederacy shall be "The United States of America."
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.
III. The said States hereby severally enter into a firm league of friendship with each other, for their common defense, 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 pretense whatever.
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 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 offense.
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.
V. For the most convenient management of the
general interests of the United States, delegates shall be annually appointed in
such manner as the legislatures of each State shall direct, to meet in
Congress on the first Monday in November, in every year, with a
powerreserved 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
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 or imprisonments,
during the time of their going to and from, and attendence on Congress,
except for treason, felony, or breach of the peace.
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 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 vessel 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 defense 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 judgement of the United States in Congress
assembled, shall be deemed requisite to garrison the forts necessary for
the defense 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 filed 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.
VII. When land forces are raised by any State for the common defense, 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.
VIII. All charges of war, and all other
expenses that shall be incurred for the common defense 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 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.
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
commited 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 causes 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 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, 'well and truly to hear and
determine the matter in question, according to the best of his judgement,
without favor, affection or hope of reward': provided also, that no State
shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of soil claimed
under different grants of two or more States, whose jurisdictions as they
may respect such lands, and the States which passed such grants are
adjusted, the said grants or either of them being at the same time claimed
to have originated antecedent to such settlement of jurisdiction, shall on
the petition of either party to the Congress of the United States, be
finally determined as near as may be in the same manner as is before
presecribed 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 standards 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 through the
same as may be requisite to defray the expenses of the said office --
appointing all officers of the land forces, in the service of the United
States, excepting regimental officers -- appointing all the officers of the
naval forces, and commissioning all officers whatever in the service of the
United States -- making rules for the government and regulation of the said
land and naval forces, and directing their operations.
The United States in Congress assembled shall have authority to
appoint a committee, to sit in the recess of Congress, to be denominated 'A
Committee of the States', and to consist of one delegate from each State;
and to appoint such other committees and civil officers as may be necessary
for managing the general affairs of the United States under their direction
-- to appoint one of their members 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 solid-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 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 each State, unless the legislature of
such State shall judge that such extra number cannot be safely spread out
in the same, in which case they shall raise, officer, cloath, arm and equip
as many of such extra number as they judeg 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 or 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 defense 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 the 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 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.
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 the 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 be requisite.
XI. Canada acceding to this confederation, and adjoining 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 .
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 pleged.
XIII. Every State shall abide by the
determination 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.
Agreed to by Congress 15 November 1777
In force after ratification by Maryland, 1 March 1781