ARTICLES OF CONFEDERATION

935

[1231]

HISTORICAL BACKGROUND

While the Declaration of Independence was under consideration in

the Continental Congress, and before it was finally agreed upon, meas-

ures were taken for the establishment of a constitutional form of govern-

ment; and on the 11th of June, 1776, it was ‘‘Resolved, That a committee

be appointed to prepare and digest the form of a confederation to be

entered into between these Colonies’’; which committee was appointed

the next day, June 12, and consisted of a member from each Colony,

namely: Mr. Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr.

R. R. Livingston, Mr. Dickinson, Mr. McKean, Mr. Stone, Mr. Nelson,

Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. On the 12th of July,

1776, the committee reported a draft of the Articles of Confederation,

which was printed for the use of the members under the strictest injunc-

tions of secrecy.

This report underwent a thorough discussion in Congress, from time

to time, until the 15th of November, 1777; on which day, ‘‘Articles

of Confederation and Perpetual Union’’ were finally agreed to in form,

and they were directed to be proposed to the legislatures of all the

United States, and if approved by them, they were advised to authorize

their delegates to ratify the same in the Congress of the United States;

and in that event they were to become conclusive. On the 17th of Novem-

ber, 1777, the Congress agreed upon the form of a circular letter to

accompany the Articles of Confederation, which concluded with a rec-

ommendation to each of the several legislatures ‘‘to invest its delegates

with competent powers, ultimately, and in the name and behalf of the

State, to subscribe articles of confederation and perpetual union of the

United States, and to attend Congress for that purpose on or before

the 10th day of March next.’’ This letter was signed by the President

of Congress and sent, with a copy of the articles, to each State legisla-

ture.

On the 26th of June, 1778, Congress agreed upon the form of a

ratification of the Articles of Confederation, and directed a copy of the

articles and the ratification to be engrossed on parchment; which, on

the 9th of July, 1778, having been examined and the blanks filled,

was signed by the delegates of New Hampshire, Massachusetts Bay,

Rhode Island and Providence Plantations, Connecticut, New York, Penn-

sylvania, Virginia, and South Carolina. Congress then directed that a

circular letter be addressed to the States whose delegates were not

present, or being present, conceived they were not authorized to sign

the ratification, informing them how many and what States had ratified

the Articles of Confederation, and desiring them, with all convenient

dispatch, to authorize their delegates to ratify the same. Of these States,

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ARTICLES OF CONFEDERATION

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North Carolina ratified on the 21st and Georgia on the 24th of July,

1778; New Jersey on the 26th of November following; Delaware on

the 5th of May, 1779; Maryland on the 1st of March, 1781; and on

the 2d of March, 1781, Congress assembled under the new form of

government.

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937

Adopted by the Continental Congress on November 15, 1777, while meeting

at York, Pennsylvania, which served as the site of the National Capital from

September 30, 1777, to June 27, 1778. Ratification of the Articles by the respective

delegates commenced on July 9, 1778, in Philadelphia, Pennsylvania, but was

not completed until March 1, 1781, when the Articles were signed by the delegates

from Maryland.

ø1231¿

ARTICLES OF CONFEDERATION

1231.1ACT 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 GREETINGS

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 Inde-

pendence of America agree to certain articles of Confed-

eration and perpetual Union between the states of

Newhampshire, Massachusetts-bay, Rhodeisland and

Providence Plantations, Connecticut, New York, New Jer-

sey, Pennsylvania, Delaware, Maryland, Virginia, North

Carolina, South Carolina and Georgia in the Words fol-

lowing, viz.

‘‘

ARTICLES OF CONFEDERATION AND PERPETUAL UNION BE

TWEEN THE STATES OF NEWHAMPSHIRE

MASSACHUSETTS

BAY

RHODEISLAND AND PROVIDENCE PLANTATIONS

CON

NECTICUT

NEW YORK

NEW JERSEY

PENNSYLVANIA

DELA

WARE

MARYLAND

VIRGINIA

NORTH CAROLINA

SOUTH

CAROLINA AND GEORGIA

1231.2A

RTICLE I

. The Stile of this confederacy shall be ‘‘The

United States of America.’’

1231.3A

RTICLE II

. Each State retains its Sovereignty, freedom

and independence, and every Power, Jurisdiction and

right, which is not by this confederation expressly dele-

gated to the United States in Congress assembled.

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1231.4 A

RTICLE III

. The said states hereby severally enter into

a firm league of friendship with each other, for their com-

mon 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, sov-

ereignty, trade, or any other pretence whatever.

1231.5 A

RTICLE IV

. The better to secure and perpetuate mutual

friendship and intercourse among the people of the dif-

ferent 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 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 re-

moved 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.

1231.6 A

RTICLE V

. For the more convenient management of

the general interest 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 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 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,

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ARTICLES OF CONFEDERATION

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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 meet-

ing of the states, and while they act as members of the

committee of the states.

In determining questions in the united states, in Con-

gress 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 pro-

tected 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.

1231.7A

RTICLE 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, con-

federation 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 of 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 pro-

posed 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 garri-

son the forts necessary for the defence of such state; but

every state shall always keep up a well regulated and

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ARTICLES OF CONFEDERATION

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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 prop-

er 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 re-

ceived 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 estab-

lished 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.

1231.8 A

RTICLE 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.

1231.9 A

RTICLE 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 as-

sembled, shall be defrayed out of a common treasury,

which shall be supplied by the several states, in propor-

tion to the value of all land within each state, granted

to or surveyed for any Person, as such land and the build-

ings and improvements thereon shall be estimated accord-

ing to such mode as the united states in congress assem-

bled, 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.

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1231.10A

RTICLE IX

. The united states in congress assembled,

shall have the sole and exclusive right and power of deter-

mining on peace and war, except in the cases mentioned

in the sixth article—of sending and receiving

embassadors—entering into treaties and alliances, pro-

vided that no treaty of commerce shall be made whereby

the legislative power of the respective states shall be re-

strained from imposing such imposts and duties on for-

eigners, 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 fi-

nally 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 legisla-

tive 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 con-

gress to the legislative or executive authority of the other

state in controversy, and a day assigned for the appear-

ance 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 deter-

mining 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

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ARTICLES OF CONFEDERATION

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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 judg-

ment 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 pro-

nounce 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 commis-

sioner, 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 jurisdiction 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 pre-

scribed for deciding disputes respecting territorial jurisdic-

tion 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—

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ARTICLES OF CONFEDERATION

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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 au-

thority 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 defray-

ing 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

moneys so borrowed or emitted—to build and equip a

navy—to agree upon the number of land forces, and to

make requisition from each state for its quota, in propor-

tion to the number of white inhabitants in such state;

which requisitions shall be binding, and thereupon the

legislature of each state shall appoint the regimental offi-

cers, 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

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ARTICLES OF CONFEDERATION

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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 ascer-

tain 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 com-

mander-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 deter-

mined, 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 month-

ly, except such parts thereof relating to treaties, alliances

or military operations as in their judgment require se-

crecy; 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 legisla-

tures of the several states.

1231.11 A

RTICLE 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

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ARTICLES OF CONFEDERATION

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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.

1231.12A

RTICLE 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.

1231.13A

RTICLE XII

. All bills of credit emitted, monies borrowed

and debts contracted by, or under the authority of con-

gress, before the assembling of the united states, in pursu-

ance of the present confederation, shall be deemed and

considered as a charge against the united states, for pay-

ment and satisfaction whereof the said united states, and

the public faith are hereby solemnly pledged.

1231.14A

RTICLE XIII

. Every state shall abide by the determina-

tions 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 invio-

lably 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 afterward

confirmed by the legislatures of every state.

1231.15AND WHEREAS it has 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 sub-

mitted to them. And that the articles thereof shall be

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ARTICLES OF CONFEDERATION

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inviolably observed by the states we respectively represent

and that the union shall be perpetual.

1231.16 IN WITNESS whereof we have hereunto set our hands

in Congress. DONE at Philadelphia in the state of Penn-

sylvania 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 and behalf of the State of New Hampshire.

OSIAH

ARTLETT

OHN

ENTWORTH

, J

UNR

UGUST

8, 1778.

On the part and behalf of the State of Massachusetts Bay.

OHN

ANCOCK

AMUEL

DAMS

LBRIDGE

ERRY

RANCIS

ANA

AMES

OVELL

AMUEL

OLTEN

On the part and in behalf of the State of Rhode Island and Providence

Plantations.

ILLIAM

LLERY

ENRY

ARCHANT

OHN

OLLINS

On the part and behalf of the State of Connecticut.

OGER

HERMAN

AMUEL

UNTINGTON

LIVER

OLCOTT

ITUS

OSMER

NDREW

DAMS

On the part and behalf of the State of New York.

UANE

RAS

EWIS

ILLIAM

UER

OUVR

ORRIS

On the part and in behalf of the State of New Jersey.

ITHERSPOON

ATHL

CUDDER

, N

. 26,

1778.

On the part and behalf of the State of Pennsylvania.

OBT

. M

ORRIS

ANIEL

OBERDEAU

ONA

AYARD

MITH

ILLIAM

LINGAN

OSEPH

EED

, J

ULY

22, 1778.

On the part and behalf of the State of Delaware.

OHN

ICKINSON

5, 1779,

ICHOLAS

YKE

. M’K

EAN

, F

. 12, 1779.

On the part and behalf of the State of Maryland.

OHN

ANSON

ARCH

1, 1781, D

ANIEL

ARROL

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ARTICLES OF CONFEDERATION

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On the part and behalf of the State of Virginia.

ICHARD

ENRY

OHN

ANISTER

HOMAS

DAMS

ARVIE

RANCIS

IGHTFOOT

On the part and behalf of the State of North Carolina.

OHN

ENN

, J

ULY

21, 1778,

ORNS

. H

ARNETT

ILLIAMS

On the part and behalf of the State of South Carolina.

ENRY

AURENS

ILLIAM

ENRY

RAYTON

ATHEWS

ICHARD

UTSON

HOS

. H

EYWARD

, J

UNR

On the part and behalf of the State of Georgia.

ALTON

, 24th J

ULY

1778,

DWD

ELFAIR

DWD

. L

ANGWORTHY

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