[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[Historical Documents]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]

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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 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]

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                            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,

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            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

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            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.

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   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

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            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--

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            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

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            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

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            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

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            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