- New Hampshire ... Mr. [Josiah] Bartlett
- Massachusetts ... Mr. S[amuel] Adams
- Rhode Island ... Mr. [Stephen] Hopkins
- Connecticut ... Mr. [Roger] Sherman
- New York ... Mr. R[obert R.] Livingston
- New Jersey
- Pensylvania ... Mr. [John] Dickinson
- Delaware ... Mr. [Thomas] McKean
- Maryland ... Mr. [Thomas] Stone
- Virginia ... Mr. [Thomas] Nelson
- North Carolina ... Mr. [Joseph] Hewes
- S. Carolina ... Mr. [Edward] Rutledge
- Georgia ... Mr. [Button] Gwinnett
- Preamble
- Style;(name) for the Confederation is the United States of America
- State Sovereignty and Power retained
- Purpose
- Privileges and Immunities of Free Inhabitants; Free passage of persons and goods; Extradition; Faith in records and proceedings among the States.
- Appointment of Delegates; State Representation; Voting Power of Delegations; immunity of Delegates
- Prohibitions of the States
- Armies of the States
- Paying of War debts
- Powers of Congress; Passing acts in the Congress; Adjournment and records of proceedings
- Power of Committee of the States
- Provision for Canada; additional addmissions
- Prior Bills of Credit and Debt assumed
- State shall by abide to Congress; Altering the Articles
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.
firm league of friendship with each other, for their common defense, 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 pretense whatever.
- No State may send or receive an ambassador,
- No State may enter into any conference, agreement, alliance or treaty with another foreign State.
These prohibition prevented the State from many relations with foreign states, since they may have been against the good of the whole. They prevented States from engaging in war, unless actually attacked or attack is imminent, and also prohibits the States from possessing standing armies or navies, since these were seen by many as a threat to freedom and liberty [Virginia Constitution, North Carolina Constitution, New York Constitution, Maryland Constitution, Pennsylvania Constitution (1776), Vermont Constitution (1777)9]. It also required the State to maintain, train and equip Militias.
These prohibitions to the States ensured the the Congress could act as the primary agent and sole agent in foreign relations for the whole United States without another State interfering or agreeing to contrary agreements. It also ensured that the liberty and freedom of the people were maintained from the State governments, while providing for a force to be able to respond for the defense of the State or the Confederation.
Article VII (Armies of the States)
Article VII Concerning the appointment of Officers for land forces raised for the common defense. All officers under the rank of Colonel, and vacancies shall be appointed as directed by the legislature of the respective State raising the forces. This leaves the appointment of General Officers under the authority of the Congress Assembled. Since state armies and militias may be combined from more than one State to form larger units. This enables Congress to appoint General Officers from different States to command these larger units, while the individual State Units may choose the Commander for the smaller State units.
Article VIII (Paying of War debts)
This dictates the costs of war and all its expenses for the common defense and general welfare will be paid by the treasury of the United States. The States shall supply funds in proportion to the value of all the land within their State granted or surveyed for any person, and the mode of survey will be as the Congress directs and appoints. The authority to lay and collect taxes to raise these revenues is by the direction of the State legislatures as agreed upon by the Congress.
This is to ensure war debts are paid, that each State contributes based upon its inhabited value, but leaves the method and means of collection to the States.
Article IX (Powers of Congress; Passing acts in the Congress; Adjournment and records of proceedings)
Here lies the powers of the Congress Assembled, what it may do, resolving disputes between the States, what Congress it is forbidden from doing and adjournments.
Powers granted to the Congress Assembled
- Congress shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article (Actual or imminent invasion)
- 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.
These powers granted are about foreign relations and agreements, and regarding war. Congress is given the sole authority to make war, and establish rules of capture. It also has the power to appoint trials for crimes on the high seas, while forbidding a member of Congress from part of the trial. Congress also has the power to make treaties, but no treaty in Trade or Commerce may be made which would run contrary to existing state laws on trade and commerce (States are forbidden from passing laws which interfere with treaties in Article VI).
After the Articles of Confederation address disputes between the States, the Articles continue on in laying out powers granted to the Congress Assembled.
- Congress 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 standards 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 or 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.
- When the Congress is in recess, a body may be organized to act for the United States, “A Committee of the States”. The Congress shall designate a Committee of the States to consist of one delegate from each State.
- Appoint other committees and civil officers as necessary, for managing the general affairs of the United States under Congress’ direction.
- To appoint one of their members 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.
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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.
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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.
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To build and equip a navy.
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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 cloath, arm and equip them in a solid- like manner, at the expense of the United States; and the officers and men so cloathed, 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 of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of each State, unless the legislature of such State shall judge that such extra number cannot be safely spread out in the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.
These provisions concern the domestic powers of the Congress Assembled. It shall appoint a President of the Congress with a term limit. The Congress shall have be the sole authority on the striking of coined, will fix the weights and standards. To regulate the trade between and managing the affairs with the Indians, provided they do not conflict with a State rights. The will establish post offices among the states, and determine postage required. To borrow money or emit Bills of credit, and request funds from the States. The appointing of Officers of the Armed Forces of the United States except regimental officers, as well as establishing and regulating the same forces, and request from the States a quota in proportion to the white inhabitants of the state for the Armed Forces. The number requested by quota can be reduced if Congress deems appropriate, or the legislature of the State in concern deems it cannot safely afford that many men. These are done to ensure the regular trade and among the states with Indians, ensure a postal service is operable and regulate the Armed Forces of the United States.
Disputes between States.
Since no Judiciary Branch existed covering the entire Confederation, the Congress is also given a means to resolve disputes between States.
Congress shall 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 causes whatever.
A detailed process on how this is done is included.
- A Legislative or Executive Authority may petition congress on the matter, and request a hearing.
- Congress will notify the State of the day assigned for the hearing.
- Congress will direct the appointment by joint consent (State or States and Congress), commissioner or judges to be the court. If an agreement can not be met, Congress shall name three persons from each state, and from this list each party shall alternate striking names until 13 are left. From those 13, seven to nine will be drawn by lot in Congress, and those persons or any five shall be the commissioners or judges.
- A majority of the judges is required to render a decision.
- If either party neglects to attend on the day appointed, without showing reasons which Congress judges sufficient, or is present and refuse to strike out names, the Congress will nominate three persons out of each state, and the Secretary will strike on behalf of the party absent or refusing.
- Judgments or sentence of the court or commission shall be final
- If any party refuses to submit to the authority of the court, or fails to appear to defend their claim, the court will proceed to pronounce judgment.
- The judgment and proceedings will be forwarded to Congress, and archived for the security of both parties.
- Each commissioner, before sitting in judgment, shall take an oath (“well and truly to hear and determine the matter in question, according to the best of his judgement, without favor, affection or hope of reward”), administered by one of the Supreme or Superior Court Judges in the State the case is tried.
- No State shall be deprived of territory for the benefit of the United States.
This process is meant to be able to resolve any disputes between the States. Anything among two States in dispute may be resolved using this process, and that no territory shall be deprived which may benefit the United States. This is a thorough, but cumbersome process, to ensure a neutral or as neutral of a court as possible, consisting of members that neither side vehemently objects too. It decisions are final, and Congress has no direct role or part of the trial or commission itself, nor has the ability to affect its judgment in any way after it is made.
In addition to this, controversies between private citizens regarding land claims under grants of two different states, either party may petition Congress to be determined in the same manner as a dispute between the States.
Passing acts in the congress Assembled
In order for Congress to pass it resolutions, two different rules applied. One required the ascent of Nine of the Thirteen States in order to pass a resolution or bill. The other rule, cover the remainder of the Business of Congress, this requires only a simple majority of those delegations present to vote in favor for the motion to carry. These rules intentionally made it very difficult, but not impossible for most of the business of the Congress to pass, since nearly all of the significant portions of the powers granted to the congress would require Nine States to vote in favor.
The Following actions require Nine States to vote yea.
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Congress shall never engage in a war,
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Grant letters of marque or reprisal in time of peace,
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Enter into any treaties or alliances,
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Coin money,
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Regulate the value thereof,
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Ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them,
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Emit bills,
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Borrow money on the credit of the United States,
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Appropriate money,
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Agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised,
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Appoint a commander in chief of the army or navy:
These provision required Nine States to vote yea of the 13 for the bill to carry. It was not a 9 of 13 ratio, but it must be nine States. If Nine states were not present at the Congress with their minimum delegation of two delegates (Article V), these items could not be enacted, and debate may not even begin.
The other rule requires only s simple majority for passage.
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nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of the majority of the United States in Congress assembled.
This provision requires only a simple majority of those delegations present in order to pass the other business of the Congress not listed above. Most items of this description would be insignificant to the United States, and many may have been simple motions on making changes to a bill, before its final vote which would require the Nine States to enact.
Adjournment and Records of proceedings
Congress was able to chose when they adjourned, and where they may call Congress back in session, with only one stipulation, “no period of adjournment be for a longer duration than the space of six months”. Congress shall also publish its proceedings monthly, except the parts regarding treaties, alliances or military operations and they judge their secrecy is required. These proceedings shall include, “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 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.”
This is a means to ensure the regular session of Congress, that it is not in recess for an excessive time between its required First Monday of November session opening. It is also to make sure the record goes to legislatures of each states to see and/or verify how their appointed delegate voted in Congress. This will also ensure it may serve as the public record, that cannot be refuted, since all states are provided with the same record.
Article X (Power of Committee of the States)
Article X concerns the powers of the Committee of the States stated in Article IX. The Committee of the States acts as the governing power of the United States while Congress is in recess, and is appointed by the Congress, with one representative from each State. The Committee of the States 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 the nine States, shall from time to time think expedient to vest them with
The Committee of the State was however prohibited in conducting any business which would require the vote of Nine States in the Congress Assembled as described in Article IX. The Committee of the States basically consisted of administrative duties of the government, since most of the power of government required Nine Votes to conduct. But the Committee would be able to take care of the day to day business as it was required, and represent the United States.
Article XI (Provision for Canada; additional admissions)
This Article makes a provision for Canada to join the Confederation upon its ratification of the Articles of Confederation, and will be entitled to all rights as the rest of the States.
All other “colonies” may only be admitted upon the ascent of Nine States.
This provision allows for the expansion of the Confederation, with an open invitation to Canada requiring only their ratification of the Articles of Confederation. This provision would never be used. Canada never expressed interest in joining Confederation remaining loyal to the British crown, and the only expansion that occurred during the Articles of Confederation occurred on the acquiring of the North West Territories, which happened while the Convention in Philadelphia was drafting a new Constitution.
Article XII (Prior Bills of Credit and Debt assumed)
This states all debts, bills of credit, and monies borrowed of the United States, that occurred prior to the ratification of the Articles of Confederation, will be honored.
Article XIII State shall by abide to Congress; Altering the Articles
The Final Articles does not outright make the Articles of Confederation the Supreme Law only that they must be observed, and that Acts of Congress shall be abided by all the States in concern.
Every State shall abide by the determination 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
This clause also states the Union is perpetual [continuing forever10] implying that once a State enters the Union, it is forever in the Union.
Also included in the last Article is the means to amend the Articles of Confederation. In order for the Articles to be altered, the alteration must be agreed to by the Congress, and ratified by each legislature in the Union. No changes to the structure or power of the Articles of Confederation could occur with any dissent from any one House in any of the State Legislatures. This process made it nearly impossible to make any needed changes to the Articles of Confederation, since only one House in the Union would have to oppose it. A State Legislature could not be counted as ratifying the amendment unless both chambers[if the State has two chambers which many did11] approved of the ratification.
Signed Portion
The last part attest to their signatures, and their represented states commitment to abide by the Articles of Confederation, and be in perpetual Union. Even though it does not expressively say so, the Articles of Confederation did not take full effect until all states agreed to them, just as they must do to alter them.
The Order in which State signed the Articles of Confederation.
July 9, 1778
- New Hampshire
July 21, 1778
- North Carolina
- South Carolina
July 24, 1778
- Georgia
August 8, 1778
- Massachusetts
- Rhode Island
- Connecticut
- New York
November 26, 1778
- New Jersey
- Pennsylvania
February 12, 1779 & May 5, 1779
- Delaware
March 1, 1781
- Maryland
- Virginia
The Articles of Confederation Operated as the first Constitution of the United States from March 1781 until the new Constitution took effect on March 4, 1789. It took Six years from assignment in Committee, even before the Declaration of Independence was approved, to it finally being ratified as the American Revolution was drawing near to a close. It did operate as the frame work for the Congress before it was ratified, to provide an organized structure to the governments. After ratification was final, it only lasted eight years, before being replaced with a more robust Constitution, in order to make a more perfect Union.
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