I | INTRODUCTION |
Articles of
Confederation, first constitution of the United States. The Articles were
in force from March 1, 1781, to June 21, 1788, when the present Constitution of
the United States went into effect. The Articles were written in 1777 during the
early part of the American Revolution by a committee of the Second Continental
Congress of the 13 colonies. The head of the committee, John Dickinson,
presented a report on the proposed articles to the Congress on July 12, 1776,
eight days after the signing of the Declaration of Independence. Dickinson
initially proposed a strong central government, with control over the western
lands, equal representation for the states, and the power to levy taxes. See
also Public Lands: II. Acquisition of the Public Domain.
Because of their experience with Great Britain,
the 13 states feared a powerful central government; consequently, they changed
Dickinson’s proposed articles drastically before they sent them to all the
states for ratification in November 1777. The Continental Congress had been
careful to give the states as much independence as possible and to specify the
limited functions of the federal government. Despite these precautions, several
years passed before all the states ratified the articles. The delay resulted
from preoccupation with the revolution and from disagreements among the states.
These disagreements included quarrels over boundary lines, conflicting decisions
by state courts, differing tariff laws, and trade restrictions between states.
The small states wanted equal representation with the large states in Congress,
and the large states were afraid they would have to pay an excessive amount of
money to support the federal government. In addition, the states disagreed over
control of the western territories. The states with no frontier borders wanted
the government to control the sale of these territories so that all the states
profited. On the other hand, the states bordering the frontier wanted to control
as much land as they could. Eventually the states agreed to give control of all
western lands to the federal government, paving the way for final ratification
of the articles on March 1, 1781.
II | THE PROVISIONS OF THE ARTICLES |
The articles created a loose confederation of
independent states that gave limited powers to a central government. The
national government would consist of a single house of Congress, where each
state would have one vote. Congress had the power to set up a postal department,
to estimate the costs of the government and request donations from the states,
to raise armed forces, and to control the development of the western
territories. With the consent of nine of the thirteen states, Congress could
also coin, borrow, or appropriate money as well as declare war and enter into
treaties and alliances with foreign nations.
There was no independent executive and no veto
of legislation. Judicial proceedings in each state were to be honored by all
other states. The federal government had no judicial branch, and the only
judicial authority Congress had was the power to arbitrate disputes between
states. Congress was denied the power to levy taxes; the new federal government
was financed by donations from the states based on the value of each state’s
lands. Any amendment to the articles required the unanimous approval of all 13
states.
III | WEAKNESSES |
In attempting to limit the power of the
central government, the Second Continental Congress created one without
sufficient power to govern effectively, which led to serious national and
international problems. The greatest weakness of the federal government under
the Articles of Confederation was its inability to regulate trade and levy
taxes. Sometimes the states refused to give the government the money it needed,
and they engaged in tariff wars with one another, almost paralyzing interstate
commerce. The government could not pay off the debts it had incurred during the
revolution, including paying soldiers who had fought in the war and citizens who
had provided supplies to the cause. Congress could not pass needed measures
because they lacked the nine-state majority required to become laws. The states
largely ignored Congress, which was powerless to enforce cooperation, and it was
therefore unable to carry out its duties.
Congress could not force the states to adhere
to the terms of the Treaty of Paris of 1783 ending the American Revolution,
which was humiliating to the new government, especially when some states started
their own negotiations with foreign countries. In addition, the new nation was
unable to defend its borders from British and Spanish encroachment because it
could not pay for an army when the states would not contribute the necessary
funds. Leaders like Alexander Hamilton of New York and James Madison of Virginia
criticized the limits placed on the central government, and General George
Washington is said to have complained that the federation was “little more than
a shadow without substance.”
On February 21, 1787, Congress called for a
Constitutional Convention to be held in May to revise the articles. Between May
and September, the convention wrote the present Constitution of the United
States, which retained some of the features of the Articles of Confederation but
gave considerably more power to the federal government. It provided for an
executive branch and allowed the government to tax its citizens. Congress also
went from one house to two houses—the Senate and House of Representatives.
IV | TEXT OF THE ARTICLES OF CONFEDERATION |
TO ALL TO 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 fifteenth 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.
V | ARTICLE I |
The Style of this confederacy shall be “The
United States of America.”
VI | 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.
VII | 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.
VIII | 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 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.
IX | 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 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 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.
X | 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, or 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 of 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 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 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 accoutered, 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.
XI | 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.
XII | 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.
XIII | 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
boundary, 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 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 judgment 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 to
defend their claim or cause, the court shall nevertheless proceed to pronounce
sentence, or judgment, which shall in like manner be final and decisive, the
judgment 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 judgment, 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 judgment, 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 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 and 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 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 clothe, arm and equip
them in a soldier like manner, at the expense of the united states, and the
officers and men so clothed, 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, clothed, 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, clothe, arm and equip as many of such extra number as they judge can be
safely spared. And the officers and men so clothed, 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 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.
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 judgment 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.
XIV | 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.
XV | 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.
XVI | 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.
XVII | 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.
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