Articles of Confederation Says Each State Retains It's Sovereignty
Articles of Confederation has the date and first signer's name wrong. It should be Josiah Bartlett and the date should be August 8 according to the Government Printing Office United States Code.
Articles of Confederation
March 1, 1781
To all whom these presents shall come, we the undersigned Delegates of the
States affixed to our Names, send greeting.
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 New Hampshire, Massachusetts Bay,
Rhode Island and Providence Plantations, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina,
and Georgia in the words following, viz. "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 style 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 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.
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 restriction 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 the 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.
ARTICLE V
For the more convenient management of the general interests 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
recal[l] 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, 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.
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 or 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 or 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
defence of such state; but every state shall always keep up a well regulated
and 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.
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.
ARTICLE VIII
All charges of war, and all other expenses 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.
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 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 boundaries, 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 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 the 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 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 jurisdictions as they may
respect such lands, and the states which passed such grants are adjusted,
the said grants or either of them being at the same time claimed to have
originated antecedent to such settlement of jurisdiction, shall on the
petition of either party to the congress of the united states, be finally
determined as near as may be in the same manner as is before prescribed for
deciding disputes respecting territorial jurisdiction between different
states.
The united states in congress assembled shall also have the sole and
exclusive right and power of regulating the alloy and value of coin struck
by their own authority, or by that of the respective states - fixing the
standard 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 thro' 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 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 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 soldier 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 than
its quota, and that any other state should raise 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.
The united states in congress assembled shall never engage in a war, nor
grant letters or 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 expenses 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 state 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 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 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.
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 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.
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.
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.
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
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.
John Bartlett, John Wentworth, junior
August 8th, 1778
State of New Hampshire
John Hancock, Samuel Adams, Elbridge Gerry, Francis Dana, James Lovell,
Samuel Holten,
State of Massachusetts
William Ellery, Henry Marchant, John Collins,
State of Rhode-Island
Roger Sherman, Samuel Huntington, Oliver Wolcott, Titus Hosmer, Andrew
Adams,
State of Connecticut
Ja Duane, Fra: Lewis, Wm. Duer, Gouv. Morris,
State of New York
Jn. Witherspoon, Nath. Scudder,
November 26th, 1778
State of New Jersey
Robert Morris, Daniel Roberdeau, Jon. Bayard Smith, William Clingar, Joseph
Reed,
22d July, 1778
State of Pennsylvania
Tho. McKean, Feb 22d 1779,
John Dickinson, May 5th, 1779,
Nicholas Van Dyke,
State of Delaware
John Hanson, March 1, 1781,
Daniel Carroll, do
State of Maryland
Richard Henry Lee, John Banister, Thomas Adams Jn. Harvie, Francis Lightfoot
Lee,
State of Virginia
John Penn, July 21st, 1778,
Corn. Harnett, Jn. Williams,
State of North Carolina
Henry Laurens, William Henry Drayton, Jn. Mathews, Rich. Hutson, Tho.
Heyward, jun
State of South Carolina
Jn. Walton, 24th July, 1778,
Edw. Telfair, Edw. Langworthy,
State of Georgia
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