Microsoft Word - Q82 Articles of Confederation (1777) (ARK Edit).doc

Articles of Confederation

November 1777

The Continental Congress, after declaring independence in July 1776, moved to create a formal

link between the now independent states, proposing the Articles of Confederation in November

1777. The Articles created a framework for government for the colonies which lasted throughout

the remainder of the war and even after the Treaty of Paris in 1783. Although formal ratification

did not conclude until 1781, in the interim Congress operated as if it had. Thus, the Articles were

in use for over a decade, beginning in 1777.

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".

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 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 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 more 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

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, 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…

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

attendance 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 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

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 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.

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 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] .…

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 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. …

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. . . .

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….

Agreed to by Congress 15 November 1777; In force after ratification by Maryland, 1

March 1781