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CHAPTER III. AN ACT of Accession to, and Approbation of Certain

proposed Articles of Confederation aud perpetual Union between the United States of America, and to authorize the Delegates of the State of New York to ratify the same on the part and behalf of this State, in the Congress of the said United States.

PASSED 6th February, 1778. WHEREAS the Freedom, Sovereignty and Independence of the said States which, with a Magnanimity, Fortitude, Constancy and Love of Liberty, hitherto unparalleled, they have asserted and maintained against their cruel and unrelenting Enemies, the King and Parliament of the Realm of Great Britain will for their lasting and unshaken Security, in a great measure depend, under God, on a wise, well concerted, intimate and equal Confederation of the said United States. And whereas the Honorable the Congress of the said United States, have transmitted, for the Consideration of the Legislature of this State, and for their Ratification in case they shall approve of the same, the following Articles of Confederation, to wit:


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We, the undersigned, delegates of the states affixed to our names,

send greeting : Articles of Whereas, the Delegates of the United States of America in confederation. 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 Planta-
tions, Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North-Carolina, South-Caro-
lina, 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 Planta.
tions, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware,

Maryland, Virginia, North-Carolina, South-Carolina, and Georgia. Style of the ARTICLE 1. The style of this confederacy shall be, “The racy.

United States of America." Rights re. ART. 2. Each state retains its soveerignty, freedom, and the states. independence, and every power, jurisdiction, and right, which

is not by this confederation expressly delegated to the United

States in congress assembled. Objects of ART. 3. The said states hereby severally enter into a firm federacy. 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. Lataal ART. 4. The better to secure and perpetuate mutual friendof the free ship and intercourse among the people of the different states inhabitants

in this union, the free inhabitants of each of these states, ral 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. Persons If any person guilty of or charged with treason, felony, or gailty krimen to be other high misdemeanor, in any state, shall flee from justice, glven up.

and be found in any of the United States, he shall, upon

the con

of the seve


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 Faith to be to the records, acts, and judicial proceedings of the courts acts of each and magistrates of every other state.

ART. 5. For the more convenient management of the Delegates general interests of the United States, delegates shall be ally ap

pointed, annually appointed in such manner as the legislature of each dc state shall direct, to meet in congress on the first Monday in November, in every year, with a power reserved to each state Each stato to recall its delegates or any of them, at any time within the its dele year, and to send others in their stead for the remainder of gates, &c.

the year.


to have ono vote.

No state shall be represented in congress by less than two Number nor by more than seven members; and no person shall be cations of 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 Delegates, of the states, and while they act as members of the com- tained. mittee of the states.

In determining questions in the United States in congress Each state assembled, each state shall have one vote.

Freedom of speech and debate in congress shall not be Privileges impeached or questioned in any court or place out of con- of congress. gress; 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.

ART. 6. No state, without the consent of the United States No state to in congress assembled, shall send any embassy to, or receive wiih forany embassy from, or enter into any conference, agreement, powers. alliance, or treaty, with any king, prince, or state; nor shall Persons any persom holding any office of profit or trust under the offices not United States, or any of them, accept of any present, emolu- to accept. ment, office, or title of any kind whatever, from any king, prince, or foreign state; nor shall the United States in congress 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 between of the United States in congress assembled, specifying accu- states prorately 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 inter- No stato to fere with any stipulations in treaties entered into by the ring im. United States in congress assembled, with any king, prince, duties. or state, in pursuance of any treaties already proposed by congress to the courts of France and Spain.

not to grant titles of nobility, Treaties

two or moro

military establish

militia, &c.

No state, except in certain cases, to engage in war; nor grant com

armed ves. sels, &c.

No vessels of war shall be kept up in time of peace by any Regulations new packing state, except such number only as shall be deemed necessary

by the United States in congress assembled for the defence ments, the 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 accoutred, and shall provide and have constantly 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 missions to 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.

ART. 7. When land forces are raised by any state for the

common defence, all officers of or under the rank of colonel, forcers to be shall be appointed by the legislature of each state respec

tively, 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.

ART. 8. All charges of war, and all other expenses that

shall be incurred for the common defence or general welfare, frayed ont and allowed by the United States in congress assembled, shall

be defrayed out of a common treasury, which shall be supplied Treasury, 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 laying that proportion shall be laid and levied the states. by the authority and direction of the legislatures of the seve

ral states, within the time agreed upon by the United States in congress assembled.

ART. 9. The United States in congress assembled shall have the sole and exclusive right and power of determining on

Certain officers of the land

by cach state.

All charges of war, &c. to be de

of a commor: treaHry.


Taxce to be

Powers of the con grass.

adıniralty courts.

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 Members of for receiving and determining finally appeals in all cases of congress captures; provided, that no member of congress shall be judges of appointed a judge of any of the said courts.

The United States in congress assembled shall also be the Congress to last resort on appeal in all disputes and differences now sub-pntes sisting or that hereafter may arise between two or more states states. concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the man- Mode of ner following: whenever the legislative or executive authority therein. 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 Judges to than seven nor more than nine names, as congress shall direct, cd by lot. 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 Opinions of judges, who shall hear the cause, shall agree in the determi- of judges to

prevail, &c. nation : 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 Judgment of the court to be appointed in the manner before prescribed, and conshall be final and conclusive ; and if any of the parties shall refuse to submit to the authority of such court, or to appear,

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