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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --THE ARTICLES OF CONFEDERATION, WITH AMENDMENTS :: :: :: APRIL--OCTOBER, 1777
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ARTICLES
OF
CONFEDERATION and PERPETUAL UNION,
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Art. VII. No veffels of war fhall be kept up in time any State, except fuch number only as fhall be by the United States Affembled for the defence of fuch ftate or its trade, nor fhall any body of forced be kept up by any State in time of peace, except fuch number only as in the judgment of the United States in Congrefs Affembled fhall be deemed requifite to garrifon the forts neceffary for the defence of fuch State, but every State fhall always keep up a well regulated and difciplined Militia, fufficiently armed and accoutred, and fhall provide and conftantly have ready for ufe in public flores a due number of held pieces and tents and a proper quantity of ammunition and camp equipage.
Art. VIII. When land forces are raifed by any State for the common defence, all officers of or under the rank of Colonel fhall be appointed by the legiflatures of each State refpectively by whom fuch forces fhall be raifed, or in fuch manner as fuch State fhall direct, and all vacancies fhall be filled up by the State which firft made the appointment.
Art, IX. All charges of war and all other expences that fhall be incurred for the common defence or general welfare, and allowed by the United States Affembled, fhall he defrayed out of a common treafury, which fhall be fupplied by the feveral States in proportion to the number of inhabitants of every age, fex and quality, except Indians not paying taxes in each State; a true account of which, diftinguifhing the white inhabitants, fhall be triennially taken and tranfmitted to the Affembly of the United States. The taxes for paying that proportion fhall be laid and levied by the authority and direction of the legiflatures of the feveral States within the time agreed upon by the United States affembled.
Art. X. Every State fhall abide by the determinations of the United States in Congrefs Affembled, on all queftions which by this Confederation are fubmitted to them.
Art. XI. No State fhall engage in any war without the confent of the United States in Congrefs Affembled, unlefs fuch State be actually invaded by enemies or fhall have received certain advice of a refid by nation of Indians to invade fuch State, and the danger is fo imminent as not to admit of a delay till the other States can be confulted nor fhall any State grant commiffions to any fhips or veffels of war, nor letters of marque or reprifal, except it be after a declaration of war by the United States Affembled, and then only againft the Kingdom or State and
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the fubjects thereof againft which war has been fo declared, and under fuch regulations as shall be eftablished by the United States Affembled.
Art. XII For the more convenient management of the general interefts of the United States, Delegates fhall be annually appointed in fuch manner as the legislature of each State fhall direct to meet at the city of Philadelphia in Pennfylvania, until otherwife ordered by the United States in Congrefs Affembled, which meeting fhall be on the firft Monday in November in every year, with a power referred to each State to recal its Delegates or any of them at any time within the year, and to fend others in their Read for the remainder of the year. Each State fhall fupport its own Delegates in meeting of the States, and while they aft as members of the Council of State herein after mentioned.
Art. XIII. In determining questions each State shall have one vote.
Art. XIV. The United States Affembled fhall have the fole and exclufive right and power of determining on peace and war, except in the cafes mentioned in the eleventh article--of eftablifhing rules for deciding in all cafes what captures on land or water fhall be legal--in what manner prizes taken by land or naval forces in the fervice of the United States fhall be divided or appropriated--granting letters of marque and reprifal in times of peace--appointing Courts for the trial of piracies and felonies committed on the high feas--eftablifhing Courts for receiving and determining finally, appeals in all cafes of captures--fonding and receiving Ambaffador--entering into treaties and alliances deciding all difputes and differences now fubfifting or that hereafter may arife between tow or more States, concerning boundaries, jurifdiction, or any other fixing the ftandard of weights and meafures throughout the united States--regulating the trade and managing all affairs with the Indians, not members of any of the State--Eftablifhing and regulating Poft-Office from one State to throughout the United States--regulating the trade and managing all affairs with the Indians not members of any of the Eftablifhing and regulating Poft Office from one State to another throughout all the United States, and exacting fuch poftage on the papers paffing through the fame as may be to defray the expences of faid office--appointing General Officers of the land forces in the fervice of the United States--commiffioning other officers of the faid forces as fhall be appointed by of the eighth article--appointing all the officers of the naval forces in service of the United States--making rules for the government and regulation of the faid land and naval forces, and directing their operations.
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The United States in Congrefs Affembled fhall have authority appoint a Council of State and fuch Committees and Civil Officers as may be neceffarry for managing the general affairs of the United States, under their direction while affembled and in their recefs under that of the Council of State--to appoint one of their number to profide and a fuitable perfon for Secretary and to adjourn to any time within the year and to any place within the United States--to agree upon and fix the neceffary fums and expences--to borrow money or emit bills on the credit of the United states--to build and equip a navy--to agree upon the number of land forces, and to make requifitions from each State for its quota in proportion to the number of white inhabitants in fuch State, which requifitions fhall be binding, and thereupon the ligiflature of each State fhall appoint the regimental officers, raife the men, and arm and equip them in a foldier-like manner, and the officers and men fo armed and equipped fhall march to the place appointed and within the time agreed on by the United States affembled.
But if the United States in Congrefs Affembled fhall on confideration of circumftances judge proper that any State or States fhould not raife men, or fhould raife a fmaller number than quota or quotas of fuch State or States, and that any other State or States fhould raife a greater number of men than the quota or quotas thereof, fuch extra numbers fhall be railed, officered, armed and equipped in the fame manner as the quota or quotas of loch State or States, unlefs the legiflature of fuch State or States refpectively fhall judge that fuch extra-numbers cannot be fafely fpared out of the fame in which cafe the fhall raife, officer, arm and equip as many of fuch extra-numbers as they judge can be fafely fpared. And the officers and men fo armed and equipped fhall march to the place appointed and within the time agreed on by the United States Affembled.
The United States in Congrefs Affembled fhall never engage in a war. nor grant letters of marque and reprifal in time of peace, nor enter into any treaties or alliances except for peace, nor coin money nor regulate the value thereof, nor agree upon nor fix the fums and expences neceffary for the defence welfare of the United States or any of them, nor emit bills, nor borrow money, nor the credit of the United States, nor appropriate money, nor agree upon the number of veffels of war to he built or purchafed, or the number of land or fea forces to be railed, nor appoint a Commander in Chief of the army or navy unlefs nine States to the fame; nor fhall a queftion on any
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other point, except for adjourning from day to day be determined, unlefs by the votes of a majority of the United States.
No perfon fhall be capable of being a Delegate for more than three years in any term of fix years.
No perfon holding any office under the United States for which he, or another for his benefit, receives any falary, fees or emolument of any kind, fhall be capable of
The Affembly of the United States to publifh the Journal of their Proceedings monthly, except fuch parts thereof relating to treaties, alliances, or military operations, as the their judgment require fecrecy, the yeas and nays of the Delegates of each State on any queftion to be entered on the Journal when it is defired by any Delegate; and the Delegate of a State or any of them, at his or their requeft, to be furnifhed with a tranfcript of the laid Journal, except fuch parts as are above excepted, to lay before the legiflatures of the feveral States.
Art. XV The of State fhall confift of one Delegate from each State, and where they cannot agree, by the United States affembled.
The Council have power to receive and open all letters directed to the united States, and to return proper anfwers; but not to make any engagements that fhall be binding on the united States--To correfpond with the legiflature of every State, and all perfons acting under the authority of the United States, or of the faid legiflatures--To Correfpond with the legiflature, or to the Officers in the feveral States who are entrufted with the executive powers of government, for occafional aid whenever and wherever neceffary--To give counfel to the Commanding Officers, and to direct military operations by fea and land, not changing any ofjects or expeditions determined on by the United States Affembled, unlefs an alteration of circumftances which fhall come to the knowledge of the Council after the recefs of the States, fhall make fuch change abfolutely neceffary--To attend tot he defence and prevation of forts and ftrong pofts--To procure intelligence of the condition and defigns of the enemy--To expedite the execution of fuch meafures as may be refolved on by the United States Affembled, in purfuance of the powers hereby given to them--To draw upon the Treafurers for fuch fums as may be appropriated by the united States Affembled, and for the payment of fuch contracts as the
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faid council may make in purfuance of the powers given to them--To fuperintend and controul or Officers civil and military, acting under the authority of the United States--In cafe of the death or removal of the Officer within the appointment of the United States Affembled, to employ a perfon to fulfill the Duties of the Office until the Affembly of the States and difperfe authentic accounts of military operations Affembly of the States at an that appointed for their next meeting, if any great and expected emergency fhould render it neceffary for the or welfare of the United States or any of them--To prepare matters for the confideration of the United States and to lay before them at their next meeting all letters and vices received by the Council, with a report of the their proceedings--To appoint a proper perfon for the Clerk, fhall take an oath of fecrecy and fidelity before the letters on the exercife of his office--feven Members fhall power to act--In cafe of the death of any Members Council fhall immediately apply to his furviving colleagues to appoint fome one of themfelves to be a Member thereof till the meeting of the States, and of only one may fhall give immediate notice, that he may take his as ac Councillor till fuch meeting.
Art. XVI. Canada acceding to this Confederation entirely joining in the meafures of the United States, fhall be admitted into and entitled to all the advantages of this Union: But no other Colony fhall be admitted into the fame unlefs fuch admiffion be agreed to by the State.
These Articles fhall be propofed to the legiflatures of the United States, to be by them confidered and if approved by them, they are advifed to authorife their Delegates to ratify the fame in the Affembly of the United States, which being done, the Articles of this Confederation fhall inviolably be obferved by every State and the Union be perpetual; Nor fhall any alteration be made in thefe Articles or any of them, unlefs fuch alterations be agreed to in an Affembly of the United States, and be afterwards confirmed by the legislature State.
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