Articles of Confederation
and Perpetual Union
(Agreed to by Congress 15 November
1777; in force after ratification by Maryland 1 March 1871)
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 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, Rhode Island 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, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina and Georgia.
Article I
The Style 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 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.
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 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.
Article 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.
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 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.
Article 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.
Article 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.
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 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.
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 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.
Article 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.
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 pleged.
Article 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.
