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Confederation, ARTICLES
OF. In July, 1775,
Ben Franklin submitted to the
Continental Congress a plan
of government for the colonies, to exist until the war with Great Britain
was over. It was not acted upon. On July 12, 1776, a committee,
appointed on July 11, reported, through
John Dickinson, of
Pennsylvania, a draft of "Articles of Confederation." Almost
daily debates upon it continued until Aug. 20, when the report was
laid aside, and was not called up for consideration until April
8, 1777. Meanwhile several of the States had adopted constitutions
for their respective governments, and the Congress was practically
acknowledged the supreme head in all matters appertaining to war,
public finances, etc., and was exercising the functions of
sovereignty. From April 8 until November 15 ensuing, the subject was
debated two or three times a week, and several amendments were made.
On November 15, 1777, after a spirited debate, daily, for a fort-night,
a plan of government, known as "Articles of Confederation," was
adopted. Congress again assembled, in Philadelphia, on July 2, 1778,
and on the 9th the "Articles of Confederation," engrossed on
parchment, were signed by the delegates of eight States. A circular
was sent to the other States, urging them "to conclude the glorious
compact which was to unite the strength and councils of the whole."
North Carolina acceded to the Confederation on July 21,
Georgia on
the 24th, and New Jersey on November 26 following. On May 5, 1779, the
delegates from Delaware agreed to the compact; but
Maryland refused
to assent unless the public lands northwest of the Ohio should first
be recognized as the common property of all the States, and held as
a common resource for the discharge of the debts contracted by
Congress for the expense of the war. Maryland alone stood in the way
of the consummation of the union at that time. This point was
finally settled by the cession, by claiming States, to the United
States, of all unsettled and unappropriated lands, for the benefit
of the whole Union. This action having removed all objections, the
delegates from Maryland signed the "Articles of Confederation"
March 1, 1781, and the league of States was perfected.
The following is the text of this document:
The Articles of Confederation
Nov. 15, 1777
To all to whom these Presents shall come, we the
undersigned Delegates of the States affixed to our Names send
greeting.
Articles of Confederation and perpetual Union
between the states of New
Hampshire, Massachusetts-bay
Rhode Island and Providence
Plantations, Connecticut, New York,
New Jersey, Pennsylvania,
Delaware, Maryland, Virginia,
North Carolina,
South Carolina and
Georgia.
Article I.
The Stile of this Confederacy shall be "The
United States of America".
Article II.
Each state retains its sovereignty, freedom, and
independence, and every power, jurisdiction, and right, which is not
by this Confederation expressly delegated to the United States, in
Congress assembled.
Article III.
The said States hereby severally enter into a
firm league of friendship with each other, for their common defense,
the security of their liberties, and their mutual and general
welfare, binding themselves to assist each other, against all force
offered to, or attacks made upon them, or any of them, on account of
religion, sovereignty, trade, or any other pretense whatever.
Article IV.
The better to secure and perpetuate mutual
friendship and intercourse among the people of the different States
in this Union, the free inhabitants of each of these States,
paupers, vagabonds, and fugitives from justice excepted, shall be
entitled to all privileges and immunities of free citizens in the
several States; and the people of each State shall free ingress and
regress to and from any other State, and shall enjoy therein all the
privileges of trade and commerce, subject to the same duties,
impositions, and restrictions as the inhabitants thereof
respectively, provided that such restrictions shall not extend so
far as to prevent the removal of property imported into any State,
to any other State, of which the owner is an inhabitant; provided
also that no imposition, duties or restriction shall be laid by any
State, on the property of the United States, or either of them.
If any person guilty of, or charged with,
treason, felony, or other high misdemeanor in any State, shall flee
from justice, and be found in any of the United States, he shall,
upon demand of the Governor or executive power of the State from
which he fled, be delivered up and removed to the State having
jurisdiction of his offense.
Full faith and credit shall be given in each of
these States to the records, acts, and judicial proceedings of the
courts and magistrates of every other State.
Article V.
For the most convenient management of the general
interests of the United States, delegates shall be annually
appointed in such manner as the legislatures of each State shall
direct, to meet in Congress on the first Monday in November, in
every year, with a power reserved to each State to recall its
delegates, or any of them, at any time within the year, and to send
others in their stead for the remainder of the year.
No State shall be represented in Congress by less
than two, nor more than seven members; and no person shall be
capable of being a delegate for more than three years in any term of
six years; nor shall any person, being a delegate, be capable of
holding any office under the United States, for which he, or another
for his benefit, receives any salary, fees or emolument of any kind.
Each State shall maintain its own delegates in a
meeting of the States, and while they act as members of the
committee of the States.
In determining questions in the United States in
Congress assembled, each State shall have one vote.
Freedom of speech and debate in Congress shall
not be impeached or questioned in any court or place out of
Congress, and the members of Congress shall be protected in their
persons from arrests or imprisonments, during the time of their
going to and from, and attendence on Congress, except for treason,
felony, or breach of the peace.
Article VI.
No State, without the consent of the United
States in Congress assembled, shall send any embassy to, or receive
any embassy from, or enter into any conference, agreement, alliance
or treaty with any King, Prince or State; nor shall any person
holding any office of profit or trust under the United States, or
any of them, accept any present, emolument, office or title of any
kind whatever from any King, Prince or foreign State; nor shall the
United States in Congress assembled, or any of them, grant any title
of nobility.
No two or more States shall enter into any
treaty, confederation or alliance whatever between them, without the
consent of the United States in Congress assembled, specifying
accurately the purposes for which the same is to be entered into,
and how long it shall continue.
No State shall lay any imposts or duties, which
may interfere with any stipulations in treaties, entered into by the
United States in Congress assembled, with any King, Prince or State,
in pursuance of any treaties already proposed by Congress, to the
courts of France and Spain.
No vessel of war shall be kept up in time of
peace by any State, except such number only, as shall be deemed
necessary by the United States in Congress assembled, for the
defense of such State, or its trade; nor shall any body of forces be
kept up by any State in time of peace, except such number only, as
in the judgement of the United States in Congress assembled, shall
be deemed requisite to garrison the forts necessary for the defense
of such State; but every State shall always keep up a well-regulated
and disciplined militia, sufficiently armed and accoutered, and
shall provide and constantly have ready for use, in public stores, a
due number of filed pieces and tents, and a proper quantity of arms,
ammunition and camp equipage.
No State shall engage in any war without the
consent of the United States in Congress assembled, unless such
State be actually invaded by enemies, or shall have received certain
advice of a resolution being formed by some nation of Indians to
invade such State, and the danger is so imminent as not to admit of
a delay till the United States in Congress assembled can be
consulted; nor shall any State grant commissions to any ships or
vessels of war, nor letters of marque or reprisal, except it be
after a declaration of war by the United States in Congress
assembled, and then only against the Kingdom or State and the
subjects thereof, against which war has been so declared, and under
such regulations as shall be established by the United States in
Congress assembled, unless such State be infested by pirates, in
which case vessels of war may be fitted out for that occasion, and
kept so long as the danger shall continue, or until the United
States in Congress assembled shall determine otherwise.
Article VII.
When land forces are raised by any State for the
common defense, all officers of or under the rank of colonel, shall
be appointed by the legislature of each State respectively, by whom
such forces shall be raised, or in such manner as such State shall
direct, and all vacancies shall be filled up by the State which
first made the appointment.
Article VIII.
All charges of war, and all other expenses that
shall be incurred for the common defense or general welfare, and
allowed by the United States in Congress assembled, shall be
defrayed out of a common treasury, which shall be supplied by the
several States in proportion to the value of all land within each
State, granted or surveyed for any person, as such land and the
buildings and improvements thereon shall be estimated according to
such mode as the United States in Congress assembled, shall from
time to time direct and appoint.
The taxes for paying that proportion shall be
laid and levied by the authority and direction of the legislatures
of the several States within the time agreed upon by the United
States in Congress assembled.
Article IX.
The United States in Congress assembled, shall
have the sole and exclusive right and power of determining on peace
and war, except in the cases mentioned in the sixth article of
sending and receiving ambassadors entering into treaties and
alliances, provided that no treaty of commerce shall be made whereby
the legislative power of the respective States shall be restrained
from imposing such imposts and duties on foreigners, as their own
people are subjected to, or from prohibiting the exportation or
importation of any species of goods or commodities whatsoever
of establishing rules for deciding in all cases, what captures on
land or water shall be legal, and in what manner prizes taken by
land or naval forces in the service of the United States shall be
divided or appropriated of granting letters of marque and reprisal
in times of peace appointing courts for the trial of piracies and
felonies commited on the high seas and establishing courts for
receiving and determining finally appeals in all cases of captures,
provided that no member of Congress shall be appointed a judge of
any of the said courts.
The United States in Congress assembled shall
also be the last resort on appeal in all disputes and differences
now subsisting or that hereafter may arise between two or more
States concerning boundary, jurisdiction or any other causes
whatever; which authority shall always be exercised in the manner
following. Whenever the legislative or executive authority or lawful
agent of any State in controversy with another shall present a
petition to Congress stating the matter in question and praying for
a hearing, notice thereof shall be given by order of Congress to the
legislative or executive authority of the other State in
controversy, and a day assigned for the appearance of the parties by
their lawful agents, who shall then be directed to appoint by joint
consent, commissioners or judges to constitute a court for hearing
and determining the matter in question: but if they cannot agree,
Congress shall name three persons out of each of the United States,
and from the list of such persons each party shall alternately
strike out one, the petitioners beginning, until the number shall be
reduced to thirteen; and from that number not less than seven, nor
more than nine names as Congress shall direct, shall in the presence
of Congress be drawn out by lot, and the persons whose names shall
be so drawn or any five of them, shall be commissioners or judges,
to hear and finally determine the controversy, so always as a major
part of the judges who shall hear the cause shall agree in the
determination: and if either party shall neglect to attend at the
day appointed, without showing reasons, which Congress shall judge
sufficient, or being present shall refuse to strike, the Congress
shall proceed to nominate three persons out of each State, and the
secretary of Congress shall strike in behalf of such party absent or
refusing; and the judgement and sentence of the court to be
appointed, in the manner before prescribed, shall be final and
conclusive; and if any of the parties shall refuse to submit to the
authority of such court, or to appear or defend their claim or
cause, the court shall nevertheless proceed to pronounce sentence,
or judgement, which shall in like manner be final and decisive, the
judgement or sentence and other proceedings being in either case
transmitted to Congress, and lodged among the acts of Congress for
the security of the parties concerned: provided that every
commissioner, before he sits in judgement, shall take an oath to be
administered by one of the judges of the supreme or superior court
of the State, where the cause shall be tried, 'well and truly to
hear and determine the matter in question, according to the best of
his judgement, without favor, affection or hope of reward': provided
also, that no State shall be deprived of territory for the benefit
of the United States.
All controversies concerning the private right of
soil claimed under different grants of two or more States, whose
jurisdictions as they may respect such lands, and the States which
passed such grants are adjusted, the said grants or either of them
being at the same time claimed to have originated antecedent to such
settlement of jurisdiction, shall on the petition of either party to
the Congress of the United States, be finally determined as near as
may be in the same manner as is before presecribed for deciding
disputes respecting territorial jurisdiction between different
States.
The United States in Congress assembled shall
also have the sole and exclusive right and power of regulating the
alloy and value of coin struck by their own authority, or by that of
the respective States fixing the standards of weights and measures
throughout the United States regulating the trade and managing all
affairs with the Indians, not members of any of the States, provided
that the legislative right of any State within its own limits be not
infringed or violated establishing or regulating post offices from
one State to another, throughout all the United States, and exacting
such postage on the papers passing through the same as may be
requisite to defray the expenses of the said office appointing all
officers of the land forces, in the service of the United States,
excepting regimental officers appointing all the officers of the
naval forces, and commissioning all officers whatever in the service
of the United States making rules for the government and regulation
of the said land and naval forces, and directing their operations.
The United States in Congress assembled shall have authority to
appoint a committee, to sit in the recess of Congress, to be
denominated 'A Committee of the States', and to consist of one
delegate from each State; and to appoint such other committees and
civil officers as may be necessary for managing the general affairs
of the United States under their direction to appoint one of
their members to preside, provided that no person be allowed to
serve in the office of president more than one year in any term of
three years; to ascertain the necessary sums of money to be raised
for the service of the United States, and to appropriate and apply
the same for defraying the public expenses to borrow money, or emit
bills on the credit of the United States, transmitting every
half-year to the respective States an account of the sums of money
so borrowed or emitted to build and equip a navy to agree upon the
number of land forces, and to make requisitions from each State for
its quota, in proportion to the number of white inhabitants in such
State; which requisition shall be binding, and thereupon the
legislature of each State shall appoint the regimental officers,
raise the men and cloath, arm and equip them in a solid-like manner,
at the expense of the United States; and the officers and men so
cloathed, armed and equipped shall march to the place appointed, and
within the time agreed on by the United States in Congress
assembled. But if the United States in Congress assembled shall, on
consideration of circumstances judge proper that any State should
not raise men, or should raise a smaller number of men than the
quota thereof, such extra number shall be raised, officered,
cloathed, armed and equipped in the same manner as the quota of each
State, unless the legislature of such State shall judge that such
extra number cannot be safely spread out in the same, in which case
they shall raise, officer, cloath, arm and equip as many of such
extra number as they judeg can be safely spared. And the officers
and men so cloathed, armed, and equipped, shall march to the place
appointed, and within the time agreed on by the United States in
Congress assembled.
The United States in Congress assembled shall
never engage in a war, nor grant letters of marque or reprisal in
time of peace, nor enter into any treaties or alliances, nor coin
money, nor regulate the value thereof, nor ascertain the sums and
expenses necessary for the defense and welfare of the United States,
or any of them, nor emit bills, nor borrow money on the credit of
the United States, nor appropriate money, nor agree upon the number
of vessels of war, to be built or purchased, or the number of land
or sea forces to be raised, nor appoint a commander in chief of the
army or navy, unless nine States assent to the same: nor shall a
question on any other point, except for adjourning from day to day
be determined, unless by the votes of the majority of the United
States in Congress assembled.
The Congress of the United States shall have
power to adjourn to any time within the year, and to any place
within the United States, so that no period of adjournment be for a
longer duration than the space of six months, and shall publish the
journal of their proceedings monthly, except such parts thereof
relating to treaties, alliances or military operations, as in their
judgement require secrecy; and the yeas and nays of the delegates of
each State on any question shall be entered on the journal, when it
is desired by any delegates of a State, or any of them, at his or
their request shall be furnished with a transcript of the said
journal, except such parts as are above excepted, to lay before the
legislatures of the several States.
Article X.
The Committee of the States, or any nine of them,
shall be authorized to execute, in the recess of Congress, such of
the powers of Congress as the United States in Congress assembled,
by the consent of the nine States, shall from time to time think
expedient to vest them with; provided that no power be delegated to
the said Committee, for the exercise of which, by the Articles of
Confederation, the voice of nine States in the Congress of the
United States assembled be requisite.
Article XI.
Canada acceding to this confederation, and
adjoining in the measures of the United States, shall be admitted
into, and entitled to all the advantages of this Union; but no other
colony shall be admitted into the same, unless such admission be
agreed to by nine States.
Article XII.
All bills of credit emitted, monies borrowed, and
debts contracted by, or under the authority of Congress, before the
assembling of the United States, in pursuance of the present
confederation, shall be deemed and considered as a charge against
the United States, for payment and satisfaction whereof the said
United States, and the public faith are hereby solemnly pleged.
Article XIII.
Every State shall abide by the determination of
the United States in Congress assembled, on all questions which by
this confederation are submitted to them. And the Articles of this
Confederation shall be inviolably observed by every State, and the
Union shall be perpetual; nor shall any alteration at any time
hereafter be made in any of them; unless such alteration be agreed
to in a Congress of the United States, and be afterwards confirmed
by the legislatures of every State.
And Whereas it hath pleased the Great Governor of
the World to incline the hearts of the legislatures we respectively
represent in Congress, to approve of, and to authorize us to ratify
the said Articles of Confederation and perpetual Union. Know Ye that
we the undersigned delegates, by virtue of the power and authority
to us given for that purpose, do by these presents, in the name and
in behalf of our respective constituents, fully and entirely ratify
and confirm each and every of the said Articles of Confederation and
perpetual Union, and all and singular the matters and things therein
contained: And we do further solemnly plight and engage the faith of
our respective constituents, that they shall abide by the
determinations of the United States in Congress assembled, on all
questions, which by the said Confederation are submitted to them.
And that the Articles thereof shall be inviolably observed by the
States we respectively represent, and that the Union shall be
perpetual.
In Witness whereof we have hereunto set our hands
in Congress. Done at Philadelphia in the State of Pennsylvania the
ninth day of July in the Year of our Lord One Thousand Seven Hundred
and Seventy-Eight, and in the Third Year of the independence of
America. |