Articles of Confederation (1777)

Articles of Confederation (1777) Transcript Overview

The Articles of Confederation were agreed upon by delegates from various states in a congressional assembly as a foundational framework for governance following the American Revolution. Below is a detailed breakdown of the Articles as encapsulated in the transcript from 1777.

Preamble

  • Delegates: The document begins with greetings addressed to all entities who may receive it, signifying the collaborative nature of the agreement among states.

  • Date and Context: The Articles were agreed upon on November 15, 1777, during the second year of American independence.

  • States Involved: The signatory states are New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

Article I: Name and Union

  • The confederacy shall be known as “The United States of America.”

Article II: Sovereignty of States

  • Sovereignty: Each state retains its sovereignty, freedom, and independence.

  • Rights Retained: Powers, jurisdictions, and rights not expressly delegated to the United States (in Congress assembled) remain with the states.

Article III: League of Friendship

  • Mutual Protection: States agree to form a league of friendship for mutual defense and general welfare.

  • Assistance Clause: States are obliged to assist each other against adversities concerning religion, sovereignty, trade, or other justifications.

Article IV: Rights of Inhabitants

  • Privileges and Immunities: Free inhabitants of each state are entitled to privileges and immunities as free citizens of all states (excluding paupers, vagabonds, and fugitives from justice).

  • Interstate Relations: People can travel freely across state lines and enjoy trade rights subject to local restrictions but not preventing property removal by rightful owners.

  • Fugitive Offenders: Individuals charged with serious crimes must be extradited to the state of the crime upon demand.

  • Full Faith and Credit: States must respect the public records, acts, and judicial proceedings of other states.

Article V: Congress Structure

  • Delegation: Each state appoints delegates as decided by its legislature, meeting annually on the first Monday of November.

  • Delegate Limitations: No state shall have less than two or more than seven members; service terms for delegates capped at three years within any six-year period. Delegates are barred from accepting paid offices while serving.

  • Voting Power: Each state has one vote in Congress, ensuring equality regardless of size.

  • Freedom of Speech: Delegates’ speech and debate in Congress are protected from legal action except in cases of serious crimes.

Article VI: Conduct of States

  • Restrictions on States: No state can send or receive embassies without consent from Congress, nor enter into treaties or alliances independently without such consent.

  • War Powers: States cannot engage in war without congressional consent unless facing immediate invasion.

  • Military and Naval Forces: States may not maintain military forces without consent, except for a regulated militia.

Article VII: Military Appointments

  • Land Forces: States raising land forces must appoint officers under the rank of colonel through their legislatures.

Article VIII: Financial Responsibilities

  • War Expenses: All charges of war and expenses for common defense are covered by a common treasury funded by the states based on land valuation.

  • Tax Levy Authority: States are responsible for laying taxes to cover their share of federal expenses.

Article IX: Congressional Powers

  • Exclusive Powers: Congress has the authority to manage peace and war, send ambassadors, and oversee treaties.

  • Judicial Authority: Congress functions as an appellate authority in disputes between states about boundaries or jurisdiction.

Article X: Powers of the Committee of the States

  • Authority in Recess: During congressional recesses, the Committee of the States (composed of delegates) can carry out functions delegated by Congress, provided consent involves nine states.

Article XI: Admission of Canada

  • Union Access: Canada may join the confederation upon agreement by nine states, but other colonies require similar consent.

Article XII: Financial Obligations

  • Debt Responsibilities: All financial engagements incurred before the confederation's assembly are obligations of the United States and are backed by public faith.

Article XIII: Compliance and Amendment

  • Inviolability of Articles: States must adhere to the resolutions of Congress regarding matters covered by the Articles. The Articles must be upheld as eternal unless amended by a Congress consensus and ratified by state legislatures.

  • Delegates' Ratification: The text concludes with delegates affirming their commitment to these Articles on July 9, 1778, asserting that their states will observe all stipulations and nurture a perpetual union.