Text of the
Articles of
Confederation -
March 1, 1781
The Articles of Confederation were adopted by the thirteen United
States as their federal form of government towards the very end of the
Revolutionary War. Before this time, thirteen individual states were
cooperating in their war efforts against Great Britain, but they were
not one nation.
The Articles of Confederation were adopted on March 1, 1781 and served
as the form of government for the first 8 years of the new nation's
history. Eventually, weaknesses were revealed in the Articles that
caused the Founding Fathers to get together and make a new document -
the United States Constitution - to correct the weaknesses in the first
arrangement.
The weaknesses in the Articles included such things as - Congress had
no power to tax anyone. Consequently, it could never accomplish
anything because it had no money! Secondly, the Congress could make
decisions, but had no power to enforce them. Thirdly, Congress could
not regulate commerce. This made for thirteen separate sets of commerce
laws in thirteen different states. This put a huge burden on interstate
trade. Fourthly, any decisions made by the Confederation Congress
required a unanimous decision by all thirteen states. This meant that
one state could block any measure that was favored by all the rest. It
was also inherently unfair to states with the largest populations
because states with small populations had an equal vote to theirs.
Articles
of Confederation
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.
I.
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 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.
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
attendence 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 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.
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 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 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.
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.
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.
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.
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.
Agreed to by Congress 15 November 1777 In force after ratification by
Maryland, 1 March 1781
