    [United States Senate Manual, 107th Congress]
    [S. Doc. 107-1]
    [Historical Documents]
    [Pages 935-947]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 935]]

                                           [1231]

                ____________________________________________________________

                                  ARTICLES OF CONFEDERATION

                ____________________________________________________________

                                    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 936]]

                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.
                                  articles of confederation

                articles of confederation

    [[Page 937]]

                                           [1231]

                ____________________________________________________________

                                ARTICLES OF CONFEDERATION\1\

                ____________________________________________________________
        1231.1      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

        1231.2      Article i. The Stile of this confederacy shall be ``The
                United States of America.''
        1231.3      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 938]]

        1231.4      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.
        1231.5      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.
        1231.6      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 939]]

                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.
        1231.7      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 940]]

                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.
        1231.8      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.
        1231.9      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 941]]

       1231.10      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.
                    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

    [[Page 942]]

                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 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.
                    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.
                    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--

    [[Page 943]]

                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
                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

    [[Page 944]]

                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 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.
                    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.
       1231.11      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

    [[Page 945]]

                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.
       1231.12      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.
       1231.13      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.
       1231.14      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.
       1231.15      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

    [[Page 946]]

                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 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, May 5, 1779,
                Nicholas Van Dyke,
                Tho. M'Kean, Feb. 12, 1779.

                On the part and behalf of the State of Maryland.

                John Hanson, March 1, 1781,
                Daniel Carrol    Do

    [[Page 947]]

                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 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.

                Jno Walton, 24th July 1778,
                Edwd Telfair,
                Edwd. Langworthy.
                                      ordinance of 1787

                ordinance of 1787