Articles of Confederation
(circa 1781)
The first draft of this document was delivered to the Continental Congress just eight days after the signing of the
Declaration of Independence. After many changes, it became the United States' first constitution, and was adopted
in its final form in 1781.
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To all to whom these Presents shall come, we the undersigned Delegates of the
States affixed to our Names send greeting.
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.
The Stile of this Confederacy shall be "The United States of America."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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