Chapter  02
 1778

Articles of Confederation

NOTE.  The original is indorsed: Act of Confederation of The
United States of America.

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 Newhampshire, 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 Newhampshire, 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 an 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 whatsoever.

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 accoutred, 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 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 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 shewing 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 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 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 cloath, 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 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 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 secresy; 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
authorised 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.

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
under-signed 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.

On the part & behalf of the State of New Hampshire

  JOSIAH BARTLETT, JOHN WENTWORTH Jun'r. 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 ELLARY, 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

  JA'S. DUANE, FRA'S. LEWIS, W'M DUER., GOUV MORRIS

On the Part and in Behalf of the State of New Jersey. Nov'r. 26, 1778  

  JNO. WITHERSPOON, NATHL. SCUDDER

On the part and behalf of the State of Pennsylvania

  ROB'T. MORRIS, DANIEL ROBERDEAU, JON'A. BAYARD SMITH., WILLIAM
  CLINGAN, JOSEPH REED 22d July 1778

On the part & behalf of the State of Delaware

  THO McKEAN Feby 12 1779, JOHN DICKINSON May 5th 1779, NICHOLAS VAN DYKE

On the part and behalf of the State of Maryland

  JOHN HANSON March 1 1781, DANIEL CARROLL d'o

On the Part and Behalf of the State of Virginia

  RICHARD HENRY LEE, JOHN BANISTER, THOMAS ADAMS, JN'O. HARVIE,
  FRANCIS LIGHTFOOT LEE

On the part and Behalf of the State of N'o Carolina

  JOHN PENN July 21st 1778, CORN'S HARNETT, JN'O. WILLIAMS

On the part & behalf of the State of South-Carolina

  HENRY LAURENS., WILLIAM HENRY DRAYTON, JN'O. MATHEWS, RICH'D. HUTSON.,
  THO'S. HEYWARD Jun'r

On the part & behalf of the State of Georgia

JN'O. WALTON 24th July 1778, ELW'D. TELFAIR., EDW'D. LANGWORTHY.