Ch. 1.1. Primary Source: The Articles of Confederation, 1777
The text of the Articles provided here is taken from the National Archives website “America’s Historical Documents,” on the page for the Articles of Confederation. Titles indicating the subject-matter of each article have been added in brackets. In addition, a few key phrases or lines are underlined, and some of the key phrases or clauses that re-appear in similar form in the Constitution of 1787 or in the Bill of Rights of 1789 are bolded. For the sake of brevity, some passages have been cut, but you can consult the full text on the above site.
… Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the year of our Lord 1777…, agree to certain articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts [], Rhode Island [], Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia…
Article I [Name]. The Stile of this confederacy shall be, “The United States of America.”
Article II [State Sovereignty]. 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 [Purpose]. 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 [National Citizenship]. 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.
Article V [Voting in Congress; Protections for Delegates]. …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 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…
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 [Treaties and Warfare: Limits on States]. 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 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… 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 vessels of war shall be kept up in time of peace…, 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 disciplined militia, sufficiently armed and accounted, 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…
Article VII [Appointment of Military Officers]. 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…
Article VIII [Funds for the Common Defense]. 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…, estimated, according to such mode as the united states…shall… 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 [Powers of Congress]. 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…; – of establishing rules for deciding… what captures on land or water shall be legal…; – 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…
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…; – establishing and regulating post-offices… throughout all the united states…; – 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…; 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 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 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 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…
Article X [Committee during Recess of Congress]. 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…
Article XI [Canada]. Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into…this union…
Article XII [Prior U.S. Debts]. 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 [Perpetual Union, etc.]. 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.