ARTICLES OF CONFEDERATION - GPO

1 935[1231] ARTICLES OF CONFEDERATIONHISTORICAL BACKGROUNDW hile the Declaration of Independence was under consideration inthe Continental Congress, and before it was finally agreed upon, meas-ures were taken for the establishment of a constitutional form of govern-ment; and on the 11th of June, 1776, it was Resolved, That a committeebe appointed to prepare and digest the form of a CONFEDERATION to beentered into between these Colonies ; which committee was appointedthe next day, June 12, and consisted of a member from each Colony,namely: Mr. Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, R. Livingston, Mr.

2 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 injunc-tions of report underwent a thorough discussion in Congress, from timeto time, until the 15th of November, 1777; on which day, Articlesof CONFEDERATION and Perpetual Union were finally agreed to in form,and they were directed to be proposed to the legislatures of all theUnited States, and if approved by them, they were advised to authorizetheir delegates to ratify the same in the Congress of the United States.

3 And in that event they were to become conclusive. On the 17th of Novem-ber, 1777, the Congress agreed upon the form of a circular letter toaccompany the ARTICLES of CONFEDERATION , which concluded with a rec-ommendation to each of the several legislatures to invest its delegateswith competent powers, ultimately, and in the name and behalf of theState, to subscribe ARTICLES of CONFEDERATION and perpetual union of theUnited States, and to attend Congress for that purpose on or beforethe 10th day of March next. This letter was signed by the Presidentof Congress and sent, with a copy of the ARTICLES , to each State the 26th of June, 1778, Congress agreed upon the form of aratification of the ARTICLES of CONFEDERATION , and directed a copy of thearticles and the ratification to be engrossed on parchment; which, onthe 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, Penn-sylvania, Virginia, and South Carolina.

4 Congress then directed that acircular letter be addressed to the States whose delegates were notpresent, or being present, conceived they were not authorized to signthe ratification, informing them how many and what States had ratifiedthe ARTICLES of CONFEDERATION , and desiring them, with all convenientdispatch, to authorize their delegates to ratify the same. Of these States,VerDate 03-FEB-2003 09:48 Mar 04, 2003 Jkt 082300 PO 00000 Frm 00945 Fmt 0869 Sfmt 0869 D:\DOCS\ SSC2 PsN: SSC2936 ARTICLES OF CONFEDERATION 1231 North Carolina ratified on the 21st and Georgia on the 24th of July,1778; New Jersey on the 26th of November following; Delaware onthe 5th of May, 1779; Maryland on the 1st of March, 1781.

5 And onthe 2d of March, 1781, Congress assembled under the new form 03-FEB-2003 09:48 Mar 04, 2003 Jkt 082300 PO 00000 Frm 00946 Fmt 0869 Sfmt 0869 D:\DOCS\ SSC2 PsN: SSC29371 Adopted by the Continental Congress on November 15, 1777, while meetingat York, Pennsylvania, which served as the site of the National Capital fromSeptember 30, 1777, to June 27, 1778. Ratification of the ARTICLES by the respectivedelegates commenced on July 9, 1778, in Philadelphia, Pennsylvania, but wasnot completed until March 1, 1781, when the ARTICLES were signed by the delegatesfrom Maryland. 1231 ARTICLES OF OF CONFEDERATION OF THE UNITED STATES OF AMERICATO ALL TO WHOM THESE PRESENTS SHALL COME, WE THEUNDERSIGNED DELEGATES OF THE STATES AFFIXED TOOUR NAMES, SEND GREETINGSW hereas the Delegates of the United States of Americain Congress assembled did on the 15th day of Novemberin the Year of our Lord One Thousand Seven Hundredand Seventy seven, and in the Second Year of the Inde-pendence of America agree to certain ARTICLES of Confed-eration and perpetual Union between the states ofNewhampshire, Massachusetts-bay, Rhodeisland andProvidence Plantations, Connecticut.

6 New York, New Jer-sey, Pennsylvania, Delaware, Maryland, Virginia, NorthCarolina, South Carolina and Georgia in the Words fol-lowing, viz. ARTICLES OF CONFEDERATION AND PERPETUAL UNION BE-TWEEN THE STATES OF NEWHAMPSHIRE, MASSACHUSETTS-BAY, RHODEISLAND AND PROVIDENCE PLANTATIONS, CON-NECTICUT, NEW YORK, NEW JERSEY, PENNSYLVANIA, DELA-WARE, MARYLAND, VIRGINIA, NORTH CAROLINA, SOUTHCAROLINA AND I. The Stile of this confederacy shall be TheUnited States of America. II. Each State retains its Sovereignty, freedomand independence, and every Power, Jurisdiction andright, which is not by this CONFEDERATION expressly dele-gated to the United States in Congress 03-FEB-2003 09:48 Mar 04, 2003 Jkt 082300 PO 00000 Frm 00947 Fmt 0869 Sfmt 0869 D:\DOCS\ SSC2 PsN: SSC2938 ARTICLES OF CONFEDERATION III.

7 The said states hereby severally enter intoa firm league of friendship with each other, for their com-mon defence, the security of their Liberties, and theirmutual and general welfare, binding themselves to assisteach other, against all force offered to, or attacks madeupon them, or any of them, on account of religion, sov-ereignty, trade, or any other pretence IV. The better to secure and perpetuate mutualfriendship and intercourse among the people of the dif-ferent states in this union, the free inhabitants of eachof these states, paupers, vagabonds and fugitives fromJustice excepted, shall be entitled to all privileges andimmunities of free citizens in the several states, and thepeople of each state shall have free ingress and regressto and from any other state, and shall enjoy therein allthe privileges of trade and commerce, subject to the sameduties, impositions and restrictions as the inhabitantsthereof respectively.

8 Provided that such restrictions shallnot extend so far as to prevent the removal of propertyimported into any state, to any other state of which theOwner is an inhabitant, provided also that no imposition,duties or restriction shall be laid by any state, on theproperty of the united states, or either of any Person guilty of, or charged with treason, felonyor other high misdemeanor in any state, shall flee fromJustice, and be found in any of the united states, heshall upon demand of the Governor or executive power,of the state from which he fled, be delivered up and re-moved to the state having jurisdiction of his faith and credit shall be given in each of thesestates to the records, acts and judicial proceedings of thecourts and magistrates of every other V.

9 For the more convenient management ofthe general interest of the united states, delegates shallbe annually appointed in such manner as the legislatureof each state shall direct, to meet in Congress on thefirst Monday in November, in every year, with a powerreserved to each state, to recall its delegates, or any ofthem, at any time within the year, and to send othersin their stead, for the remainder of the state shall be represented in Congress by less thantwo, nor by more than seven Members; and no personshall be capable of being a delegate for more than threeyears in any term of six years.

10 Nor shall any person,VerDate 03-FEB-2003 09:48 Mar 04, 2003 Jkt 082300 PO 00000 Frm 00948 Fmt 0869 Sfmt 0869 D:\DOCS\ SSC2 PsN: SSC2939 ARTICLES OF CONFEDERATION being a delegate, be capable of holding any office underthe united states, for which he, or another for his benefitreceives any salary, fees or emolument of any state shall maintain its own delegates in a meet-ing of the states, and while they act as members of thecommittee of the determining questions in the united states, in Con-gress assembled, each state shall have one of speech and debate in Congress shall notbe impeached or questioned in any Court, or place outof Congress.