[United States Senate Manual, 104th Congress]
[S. Doc. 104-1]
[Historical Documents]
[Pages 867-879]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 867]]
[756]
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ARTICLES OF CONFEDERATION
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HISTORICAL BACKGROUND
While the Declaration of Independence was under
consideration in the Continental Congress, and before it was
finally agreed upon, measures were taken for the
establishment of a constitutional form of government; 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 injunctions 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 November, 1777, the Congress agreed upon the
form of a circular letter to accompany the Articles of
Confederation, which concluded with a recommendation 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
legislature.
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,
Pennsylvania, 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,
[[Page 868]]
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.
[[Page 869]]
[756]
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ARTICLES OF CONFEDERATION\1\
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756.1 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 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 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.
\1\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.
``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
756.2 Article i. The Stile of this confederacy shall be ``The
United States of America.''
756.3 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.
[[Page 870]]
756.4 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 whatever.
756.5 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 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.
756.6 Article 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,
[[Page 871]]
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.
756.7 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 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
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
[[Page 872]]
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.
756.8 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.
756.9 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.
[[Page 873]]
756.10 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 embassadors--
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.
756.11 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
[[Page 874]]
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 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.
756.12 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 prescribed for deciding
disputes respecting territorial jurisdiction between
different states.
756.13 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
[[Page 875]]
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.
756.14 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 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 proportion 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 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
[[Page 876]]
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.
756.15 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.
756.16 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 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 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.
756.17 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 nine states, shall
from time to time think expedient to vest
[[Page 877]]
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.
756.18 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.
756.19 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.
756.20 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 afterward confirmed
by the legislatures of every state.
756.21 AND 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 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.
[[Page 878]]
756.22 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 8, 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 in 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.
Jas Duane,
Fras Lewis,
William Duer,
Gouvr Morris.
On the part and in behalf of the State of New Jersey.
Jno Witherspoon,
Nathl Scudder, Nov. 26, 1778.
On the part and behalf of the State of Pennsylvania.
Robt. Morris,
Daniel Roberdeau,
Jona Bayard Smith,
William Clingan,
Joseph Reed, July 22, 1778.
On the part and behalf of the State of Delaware.
John Dickinson,May5,1779,
Nicholas Van Dyke,
Tho. M'Kean, Feb. 12, 1779.
On the part and behalf of the State of Maryland.
JohnHanson,March1,1781,
Daniel Carrol Do
On the part and behalf of the State of Virginia.
Richard Henry Lee,
John Banister,
Thomas Adams,
Jno Harvie,
Francis Lightfoot Lee.
[[Page 879]]
On the part and behalf of the State of North Carolina.
John Penn, July 21, 1778,
Corns. Harnett,
Jno Williams.
On the part and behalf of the State of South Carolina.
Henry Laurens,
William Henry Drayton,
Jno Mathews,
Richard Hutson,
Thos. Heyward, Junr.
On the part and behalf of the State of Georgia.
JnoWalton,24thJuly1778,
Edwd Telfair,
Edwd. Langworthy.