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Contents

The Articles of Confederation

Agreed to by Congress November 15, 1777; ratified and in force, March 1,
1781.

Preamble

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 Stile 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 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.

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 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 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 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 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 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 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 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
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 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
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 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 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 pledged.

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.

On the part and behalf of the State of New Hampshire:
Josiah Bartlett
John Wentworth Junr. 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 Ellery
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:
James Duane
Francis Lewis
Wm Duer
Gouv Morris

On the Part and in Behalf of the State of New Jersey, November 26,
1778.
Jno Witherspoon
Nath. Scudder

On the part and behalf of the State of Pennsylvania:
Robt Morris
Daniel Roberdeau
John Bayard Smith
William Clingan
Joseph Reed 22nd July 1778

On the part and behalf of the State of Delaware:
Tho Mckean February 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

On the Part and Behalf of the State of Virginia:
Richard Henry Lee
John Banister
Thomas Adams
Jno Harvie
Francis Lightfoot Lee

On the part and Behalf of the State of No Carolina:
John Penn July 21st 1778
Corns Harnett
Jno Williams

On the part and behalf of the State of South Carolina:
Henry Laurens
William Henry Drayton
Jno Mathews
Richd Hutson
Thos Heyward Junr

On the part and behalf of the State of Georgia:
Jno Walton 24th July 1778
Edwd Telfair
Edwd Langworthy