Draft Articles of Confederation

[June 17 - July 1? 1776] (1)

Articles of Confederation & perpetual union between the Colonies of New Hampshire &c in General Congress met at Philadelphia the Day of 1776.

Art 1st. The name of this Confederation shall be the "United States of America."

Art 2nd. The Said Colonies unite themselves so as never to be divided by any act whatever (of the Legislature of any Colony or Colonies or of the In habitants thereof,) and hereby Severally Enter into a firm League of friendship with each other for their Common Defence, the Security of their liberties, & their mutual & General wellfare, binding the said Colonies (all the inhabitants & their Posterity) to assist one another (with their lives & fortunes) against all force offered to or attacks made upon them or any of them on (pretence) [Account] of Religion, sovereignty, trade, or any other pretence whatever (and faithfully to observe & adhere to all and Singular the articles of this Confederation).

Art 3d. Each Colony shall retain & Enjoy as much of its present laws, rights & Customs as it may think fit and reserve
to it self the Sole and Exclusive regulation & Government of its Internal Police (in all (articles) [matters] that shall not interfere with the articles (agreed upon by) [of] this Confederation)

Art 4th. No Colony or Colonies without the Consent of the (union) [United States assembled,] shall send any Embassy to or receive any Embassy from or Enter into any treaty [Convention] or Conference with the King or Kingdom of Great Brittain or any foreign prince or State nor shall any Colony or Colonies nor any servant or servants [of the United States, or] of any Colony or Colonies accept of any present, Emolument, office or tittle of any kind whatever from the King or Kingdom of G.B. or any foreign prince or State (under any pretence whatever) nor shall the (union)
[United States assembled] or any Colony grant any title of nobility (to any person whatsoever).

Art 5th. No two or more (of the) Colonies shall Enter into any treaty, Confederation, alliance (or agreement) whatever between them (on any pretence whatever,) without the previous & free Consent & allowance of the (union) [United States assembled] specifying accurately the purposes for which the Same is to be Entered into & how long it shall Continue.

Art 6th. The Inhabitants of Each Colony shall henceforth always have the Same Rights [Liberties] privileges [Immunities] & advantages in (all Cases whatever in the other Colonies which they now have) [the other Colonies, which the said Inhabitants now have, in all Cases whatever, except in those provided for by the next following Article.]

Art 7th. The Inhabitants of (all the united Colonies) [each Colony] shall Enjoy all the rights [Liberties] Priviledges (&) imunities [and Advantages] in trade, navigation & Commerce in (Every) [any other] Colony and in going to & from the Same [from and to any Part of the World,] which the natives of (Each) [such] Colony Enjoy; [Art. VIII]. Each Colony may assess or lay Such imposts or Duties as it thinks proper on importations (from,) or Exportations (to, the Brittish Dominions or any foreign State, or the importation of the production or manufacture of Such Dominion, Kingdom or State from another Colony) Provided Such imposts or Duties do not interfere with any Stipulation in (any) treaties hereafter (made and) Entered into by the (whole Union) [United States assembled] with the King or Kingdom of G.B. or with any foreign prince or State.

Art (8th) [IX]- No [standing] army or Body of forces shall be kept up by any Colony or Colonies in time of peace, Except such a number only as may be requisite to Garrison the forts necessary for the Defence of such Colony or Colonies, (nor shall this be done without the Consent of the Union); But Every Colony shall always keep up a well regulated & Disciplined Militia Sufficiently armed & accoutered, and shall provide & Constantly have ready for use, (a proper quantity of Public Stores of Ammunition, field pieces, tents & other Camp Equipage) [in public Stores, a due Number of Field Pieces and Tents, and a proper Quantity of Ammunition, and Camp Equipage.]

Art (9th) [X]. When troops are raised in any of the Colonies for the Common Defence the Commission officers proper for the troops raised in Each Colony Except the General officers shall be appointed (in Such manner as shall be Directed by the Legislature of each Colony Respectively) [by the Legislature of each Colony respectively, or in such manner as shall by them be directed.]

Art (l0th) [XI]. All Charges of wars and all other Expences that shall be incurred for the [common Defence, or] general welfare and allowed by the (union in General Congress) [United States assembled] shall be Defreyed out of the Common treasury, which shall be supplied by the several Colonies in proportion to the Number of (5) in Each Colony a true account of which [distinguishing the white Inhabitants] shall be triennially taken & transmitted to (Congress) [the Assembly of the United States]. The taxes for paying that proportion shall be laid & Levied by the authority & Direction of the Legislature of the (respective) [several] Colonys [within the Time agreed upon by the United States assembled.] (7)

Art (llth) [XIII]. No Colony or Colonies shall Engage in any war without the [previous] Consent of the (union) [United States assembled,] unless such Colony or Colonies (shall) be actually invaded by Enemies, or shall have Received Certain advice of a Resolution being formed by some nation of Indians to invade Such Colony or Colonies and the Danger is so imminent as not to admit of a Delay till the other Colonies Can be Consulted.(9)

Art (12th) [XIV]. A perpetual
alliance offensive & Defensive is to be Entered into by the (whole union) [United States assembled] as soon as may be with the Six nations & all other [neighbouring] nations of Indians, their Limits [to] be ascertained, their lands to be Secured to them and not Encroached on, no purchases [of Lands, hereafter to be made of the Indians] by Colonies or private persons (hereafter to be made of them) before the Limits of the Colonies are ascertained to be (held Good) [valid:] all (Contracts for) [Purchases of] Lands not Included within those Limits where ascertained, to be made [by Contracts] between the (whole Union in General Congress met, and the Great Council of Indians for the General Benefit & advantage of all the united Colonies, persons to be appointed by the union to reside among the Indians in proper Districts who shall take Care to prevent injustice in the trade with them and shall be Enabled at the Common Expence of the united Colonies by occasional supplies to relieve their personal wants & Distresses) [United States assembled, or by Persons for that Purpose authorized by them, and the great Councils of the Indians, for the general Benefit of all the United Colonies.]

Art ( 13) [XV] . (The union shall in a short time ascertain the Boundaries between Colony & Colony, where they Cannot agree among themselves Either in General Congress or by Erect-
ing some Court for that purpose and shall also in General Congress fix & assign reasonable limits towards the west to those Colonies the words of whose Charters extend to the great South Sea; upon thus ascertaining) [When] the Boundaries of any Colony [shall be ascertained by Agreement, or in the Manner herein after directed,] all the other Colonies shall Guarantee to Such Colony the full & peaceable possession of, and the free & intire Jurisdiction in & over the territory included within Such Boundaries.

Art (14th) [XVI]. For the more Convenient management of the General Interest [of the United States], Delegates (shall) [should] be Annually appointed (by) [in such Manner as the Legislature of] Each Colony [shall direct,] to meet (in General Congress in) [at] the City of Philadelphia in the Colony of Pensylvania until otherwise ordered by (Congress) [the United States assembled;] which meeting shall be on the first Monday of November [in] Every year, with a power reserved (in Each Colony to supersede the Deligates thereof) [to those who appointed the said Delegates, respectively to recal them or any of them] at any time within the year and to send new Deligates in their Stead for the Remainder of the year. Each Colony shall support its own Deligates in (Congress) [a Meeting of the States, and while they act as Members of the Council of State, herein after mentioned].

[Art XVIII]. The (Congress) [United States assembled shall] have the sole & Exclusive power & right of Determining on [Peace and] war Except in the Cases mentioned in the (1lth) [thirteenth] article (& peace &) [- Of] Establishing rules for Deciding in all Cases, what Captures by land or water shall be Legal, (and) in what manner prizes taken by (ships of war) [land or naval Forces] in the service of the (union) [United States] shall be Divided (& apportioned) [or appropriated] Granting (Commissions to the Commanders of ships or vessels of war &) letters of marque & reprisal [in Times of Peace~ ] (and authorising the supreme Legislative power in Each Colony to grant the same, under such Regulation as shall be made by the union, Establishing & regulating) [Appointing] Courts for the trial of all Crimes, frauds & piracies Committed on the high Seas (and) [or on any navigable River, not within the Body-of a County or Parish- Establishing Courts] for Receiving & Determining finally appeals in all (maritime Causes under Such Regulations as may be made by the union;) [Cases of Captures-] Sending & Receiving Ambassadors under any Character, Entering into treaties & alliances, Settling all Disputes & Differences now subsisting or that hereafter may arise between two or more Colonies concerning Boundaries, Jurisdictions or any other Cause whatever, Coining money & regulating the value thereof; (Superintending all Indian affairs & regulating the trade with those nations,) [Regulating the Trade, and managing all Affairs with the Indians-] Limiting the Bounds of those Colonies which by Charter [or] proclamation or under any pretence are Said to extend to the South Sea, and (also of those that appear to have no Determinate Bounds,) [ascertaining those Bounds of any other Colony that appear to be indeterminate -] assigning territories to new Colonies Either in lands to be thus seperated from Colonies & heretofore purchased [or obtained] by the Crown [of Great Britain from the Indians] or hereafter to be purchased [or obtained] from (the Indians and) [them-] Disposing of all such lands for the general benefit of all the united Colonies, ascertaining Boundaries to Such new Colonies, within which forms of Government (shall) [are to] be Established, on the principles of liberty, (and) Establishing & regulating Post offices throughout [all] the united Colonies on the [Lines of] Communication from one Colony to another.l7
The (Congress) [United States assembled] shall have (power &) authority for the Defence & (Security) [Welfare] of the united Colonies & Every of them to agree upon & fix the necessary Sums & Expences to Emit (money or) Bills [or to borrow Money] on the Credit of the united Colonies, to raise naval (& land forces for those purposes, to make rules for governing & regulating such forces, to appoint General officers to Command them, and other officers necessary for managing the General affairs of the union under the Direction of Congress: To appoint a Council of Safety to act in the recess of Congress and such Committees & officers as may be necessary for managing the general affairs of the union under the Direction of the Congress while Sitting & in their recess of the Council of Safety; they may appoint one of their Number to preside & a Suitable person for secretary.) (21)
But the (Congress) [United States assembled] shall (not) [never] levy or impose any taxes or Duties Except in managing the post offices (24) nor interfere in the internal Police of any Colony (or Colonies) any further than such Police may be (expressly) affected by [the Articles of] this Confederation (25) (nor shall any alteration be at any time hereafter made in the terms of this Confederation, unless Such alteration be agreed to in General Congress by the Delegates of Every Colony of the union and be afterwards Confirmed by the Legislature of Every Colony.)
The (Congress) [United States assembled] shall never Engage the united Colonies in a war, [nor grant Letters of Marque and Reprisal in Time of Peace,] nor (Conclude) [enter into] any treaty or alliance (with any other power nor raise land or naval forces, nor agree upon the Coining specie & Emitting the Same or any other money or Bills of Credit unless the Delegates of
Colonies freely Assent to the Same).(28)

Art (15th) [XIX]. The Council of (Safety) [State] shall Consist of one Delegate from Each Colony (of whom in the first appointment five shall be Determined by lot, to serve for one year, four for two years & four for three years and as the said terms Expire the vacancies shall be filled by appointments for three years from among the Delegates of those Colonies whose Delegates then go out of the Said office, and no person who has served the Said term of three years as a Councillor shall be Elected again untill after a respite of three years) [to be named annually by the Delegates of each Colony, and where they cannot agree, by the United States assembled.]
(The Business & Duty of) this Council (of which members shall be a Quorum shall be in Recess of Congress) [shall have Power] to receive & open all letters Directed to the (Congress) [United States] and to return proper answers, but not to make any Engagements that shall be binding on the united (Colonies or any of them) [States -] to Correspond with the (several assemblies, Colonial Councils & Committees of Safety, Governors & Presidents of Colonies and all persons acting under the authority of the Congress or of the Legislature of any Colony) [Legislature of each
Colony, and all Persons acting under the Authority of the United States, or of the said Legislatures-To apply to such Legislatures, or to the Officers in the several Colonies who are entrusted with the executive Powers of Government, for occasional Aid whenever and wherever necessary-]
To give Counsel to the Commanding officers (of the Land or naval forces in the pay of the Continent whenever it may be Expedient: Supply the Continental forces by Sea & land with all necessaries from time to time: to Expedite the coining or striking of money ordered by the Congress to be Coined or Struck and the Execution of such other measures as the Congress is hereby impowered to resolve upon and may by them be injoined; To transmit to the several Commanding officers, paymasters & commissaries from time to time such sums of money as may be necessary for the pay & Subsistance of the Continental forces & draw upon the treasurers for Such other Sums that may be appropriated by Congress and to order payment for such Contracts as the Said Council may make in persuance of the authority hereby given them; to take charge of all military stores Belonging to the united Colonies, to procure such further Quantities as may probably be wanted & to order any part thereof wheresoever it may be most requisite for the Common Service, to Direct the safe Keeping & Comfortable accommodation of all prisoners of war, to Contribute their counsel & authority toward raising Recruits ordered by Congress.) (35)To procure intelligence of the Condition & Designs of Enemies; to Direct military opperations by sea and land, not Changing any objects or Expeditions Determined on by Congress, unless an alteration of Circumstances which shall come to their Knowledge after the Recess of Congress shall make such Change absolutely necessary. To attend to the Defence & preservation of forts & Strong posts & to prevent the Enemy from acquiring new holds: to apply to the Legislatures or Such officers in the several Colonies as are Entrusted with the Executive powers of Government for the occasional aid of minute men & militia whenever & whereever necessary: In Case of the Death of any officer within the appointment of Congress to Employ a person to fulfil his Duties, until the meeting of Congress unless the office is of such a nature as to admit of a Delay of appointment untill such meeting, to Examine Public Claims & accounts and (36)
To publish & Disperse authentic accounts of military opperations, to Summon a meeting of Congress at an Earlier Day than is appointed for its next meeting if any great & unexpected Emergencies should render it necessary for the Safety & welfare of the united Colonies or any of them; to propose matters for the Consideration of Congress, and lay before them at their next meeting all letters & advices Received by them with a Report of their proceedings, to appoint a proper person for their Clerk who shall take an oath of Secresy before he Enters on the service of his office, in Case of the Death of any member of the said Council immediately to apply to his Surviving Colleagues to appoint some one of themselves to be a member of said Council till the meeting of Congress, if only one survives to give him immediate notice that he may take his seat as a Councillor till such meeting. The Delegates while acting as Councillors to be supported at the expence of the union.

Art [XX]. (Any & every other of the Brittish Colonies on this Continent) [Canada] acceeding to this confederation & entirely joyning in the measures of the united colonies shall be admitted [into] and Entituled to all the advantages (& priviledges) of this union. [But no other Colony shall be admitted into the same, unless such Admission be agreed to by the Delegates of nine Colonies.]

(Art) These articles shall be proposed to the Legislatures of all the united Colonies to be by them Considered and if approved by them, they are advised to authorise their Delegates to ratify the same in (Congress) [the Assembly of the United States,] which being done (the union so agreed to to be perpetual) [the Articles of this Confederation shall inviolably be observed by every Colony, and the Union is to be perpetual: Nor shall any Alteration be at any Time hereafter made in these Articles or any of them, unless such Alteration be agreed to in an Assembly of the United States, and be afterwards confirmed by the Legislatures of every Colony.

Articles of Confederation and perpetual Union between the Colonies of New Hampshire &c (in General Congress met) at Philadelphia the Day of 1776.

Art.[l]. The Name of this Confederacy shall be "The United States of America."

Art. [2] . The said Colonies unite themselves (into one Body politic) so as never to be divided by any Act whatever (of the Legislature of any Colony or Colonies, or of the Inhabitants thereof), and hereby severally enter into a firm League of Friendship with each other, for their Common Defence, the Security of their Liberties, and their mutual & general Wellfare, binding the said Colonies (and all the Inhabitants, dr their Posterity,) to assist one another (with their Lives and Fortunes) 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, (and faithfully to observe and adhere to all b singular the Articles of this Confederation).

Art. [3] .(2) Each Colony shall retain and enjoy as much of its present Laws, Rights & Customs, as it may think fit, and reserves itself the sole and exclusive regulation and Government of its internal Police, in all Matters that shall not interfere with the Articles (agreed upon by) of this Confederation.

Art. [4] .(3) No person in any Colony living peaceably under the Civil Government, shall be molested or prejudiced in his or her person or Estate for his or her religious persuasion, Profession or practice, nor be compelled to frequent or maintain or contribute to maintain any religious Worship, Place of Worship, or Ministry, contrary to his or her Mind, by any Law or ordinance hereafter to be made in any Colony different from the usual Laws & Customs subsisting at the Commencement of this War-provided, that such person frequents regularly some Place of religious Worship on the Sabbath; & no religious Persuasion or practise for the Profession or Exercise of which, persons are not disqualified by the present Laws of the said Colonies respectively, from holding any offices Civil or military, shall by any Law or Ordinance hereafter to be made in any Colony, be rendered a Disqualification of any persons professing or exercising the same from holding any such offices, as fully as they might have done heretofore: Nor shall any further Tests or Qualifications concerning religious persuasion, Profession or Practise, than such as have been usually administered in the said Colonies respectively, be imposed by any Law or Ordinance hereafter to be made in any Colony; and whenever on Election or Appointment to any Offices, or on any other occasions, the Affirmation of persons conscientiously scrupulous of taking an Oath, hath been admitted in any Colony or Colonies, no Oath shall in any such Cases be hereafter imposed by any Law or Ordinance in any such Colony or Colonies, it being the full Intent of these united Colonies that all the Inhabitants thereof respectively of every Sect, Society or religious Denomination shall enjoy under this Confederation, all the Liberties and Priviledges which they have heretofore enjoyed without the least abridgement of their civil Rights for or on Account of their religious Persuasion, profession or practise.

Art. [5]. No Colony or Number of Colonies without the Consent of the union shall send any Embassy to or receive any Embassy from, or enter into any Treaty, Convention or Conference with the King or Kingdom of Great Britain, or any Foreign Prince or State; nor shall any Colony or Colonies, nor any Servant or Servants of any Colony or Colonies, accept of any Present, Emolument, Office or Title of any kind whatever from the King or Kingdom of G.B. or any foreign Prince or State, Nor shall the Union of any Colony grant any Title of Nobility to any person whatsoever.

Art. [6]. No two or more Colonies shall enter into any Treaty, Confederation, or Alliance whatever between them without the previous and free Consent & Allowance of the Union, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

Art. [7]. The Inhabitants of each Colony shall henceforth always have the same Rights, Privileges and advantages in all Cases whatever in the other Colonies, which they now have.

Art. [8]. The Inhabitants of all the united Colonies shall enjoy all the Rights, Liberties, Priviledges, Exemptions & Immunities in Trade, Navigation & Commerce in every Colony, and in going to & from the same, which the Natives of such Colony enjoy. (No Colony shall assess or lay any Duties or Imposts on the Importation of the Productions or Manufactures of another Colony, nor settle or establish any Fees for Entries, Clearances, or any Business whatever relative to Importation or Exportation [....])

Art. [9]. Each Colony may assess or lay such Imposts or Duties, as it thinks proper, on Importations or Exportations (to the British Dominions, or any foreign Kingdom or State, on the Importations of the productions or Manufactures of such [ . . . ] or any foreign Kingdom or State from another Colony), provided such Imposts or Duties do not interfere with any Stipulations in Treaties hereafter entered into by the Union, with the King or Kingdom of G.B. or with any foreign Prince or State.

Art. [10]. No (standing) army or Body of Forces shall be kept up by any Colony or Colonies in Time of Peace (or War without the Approbation of the Union) except such a Number only as may be requisite to garrison the Forts necessary for the Defence of such Colony or Colonies; (nor shall this be d one without the Consent of the Union) but every Colony shall always keep up a well regulated & disciplined Militia sufficiently armed and accoutred; and shall (properly) provide and constantly have ready for use a proper Quantity of public Stores of Ammunition, Field pieces, Tents, and other Camp Equipage. (Each Colony shall also be constantly provided with public Stores of Ammunition not less than pounds of lead powder & pounds of leaden Ball for every Militia Man in the Colony with good Tents sufficient for one third of the whole Militia of the Colony, and with Field pieces not less than nor larger than to every thousand Men of the Militia, and a proper Company of Officers to every Train of Artillery, who shall be well exercised in the Management thereof .)

Art. [11].(4) When Troops are raised in any of the Colonies for the Common Defense, the Commission Officers proper for the Troops raised in each Colony, except the General Officers, shall be appointed by the Legislature of each Colony respectively, or in such Manner as shall by them be directed. (It being the Intent of this Confederacy, Notwithstanding the Powers hereafter given to the Union in Genl. Congress, that all Resolutions of Congress for raising Land Forces, should be executed by the Legislature of each Colony respectively where they are to be raised, or by persons authorized by such Legislature for that purpose.)

Art. [12]. All Charges of War and all other Expences that shall be incurr'd for the general Wellfare and allowed by the Union in General Congress, shall be defrayed out of a Common Treasury, which shall be supplied by the several Colonies in proportion to the Number of
(5) in each Colony, a true Account of which shall be triennially taken and transmitted to Congress. The Taxes for paying that proportion shall be laid and levied by the Authority & Direction of the Legislature of the respective Colonies.(6)

Art. [13]. Every Colony shall abide by the Determinations of the Union in general Congress, concerning the Losses, or Expences of (any Contributions of Men or Money) every Colony in the general Cause, and no Colony or Colonies shall in any Case whatever endeavour by Force to procure Redress of any Injury or Injustice supposed to be done by the Union to such Colony or Colonies in not granting to such Colony or Colonies such Indemnifications, Compensations, Retributions, Exemptions or Benefits of any kind, as such Colony or Colonies may think just or reasonable.

Art. [14]. No Colony or Colonies shall engage in any War (with any Nation of Indians) without the Consent of the Union,(8) unless such Colony or Colonies be actually invaded by Enemies, or shall have received certain Advice of a Resolution being formed by some Nation of Indians to invade such Colony or Colonies, and the Danger is so imminent as not to admit of a Delay, till the other Colonies can be consulted.

Art. [15]. A perpetual Alliance offensive & defensive, is to be entered into by the Union as soon as may be with the Six Nations and all other Nations of Indians; (10) their Limits to be ascertained; their Lands to be secured to them, and not encroached on; (11) no Purchases by Colonies, or private persons hereafter to be made of them before the Limits of the Colonies are ascertained, to be held good; all Contracts for Lands not included within those Limits where ascertained, to be made between the whole Union in General Congress met, and the Great Council of Indians, for the general Benefit & Advantage of all the united Colonies. (Persons to be appointed by the Union to reside among the Indians in proper Districts, who shall take Care to prevent Injustice in the Trade with them and shall be enabled at the Common Expence of the united Colonies by occasional Supplies to relieve their personal Wants dr Distresses.)

Art. [16]. (The [ . . . ] of the Union shall in a short Time ascertain the Boundaries between Colony b Colony, where they cannot agree among themselves either in General Congress or by
erecting some Court for that purpose dr shall also in General Congress fix and assign reasonable Limits towards the West to those Colonies the words of whose Charters extend to the South Sea, and) When the Boundaries of any Colony shall be ascertained by agreement among themselves, in the Manner hereinafter directed, all the other Colonies shall garrantee to such Colony the full & peaceable Possession of and the free and entire Jurisdiction in & over the Territory included within such Boundaries.

Art. [17]. For the more convenient Management of the general Interests, Delegates shall be annually appointed by Legislature of each Colony or such Branch thereof as the Colony shall authorize for that purpose,(12) to meet in General Congress at the City of Philadelphia in the Colony of Pennsylvania untill otherwise ordered by Congress, which Meeting shall be on the first Monday in November in every Year, with a Power reserved to those who appointed the said Delegates, to supersede them or any of them, at any Time within the Year, and to send new Delegates in their Stead for the Remainder of the Year. (If any Matter shall come to the Knowledge of a Colony, in Recess of Congress, and shall appear of such Importance as to require its assembling before the Day appointed, such Colony shall communicate the Business to the rest, b if a Majority of them shall agree, that the Congress ought
to be assembled before the Day appointed, the Colony that gave the Intelligence may summon a Congress and appoint the Day b Place of Meeting.) Each Colony shall support its own Delegates in Congress,(13) and while acting as Members of the Co[unci]l of State.

Art. [18].(14) Each Colony shall have one Vote in Congress.

Art. [19]. The Congress shall have the sole and exclusive Power & Right of determining on War, (except in the Cases mentioned in the Article (15)-see pa. 5 & first Art in this Copy) and Peace,(16) establishing Rules for deciding what Captures by Land or Water shall be legal (in Time of War) and in what Manner Prizes shall be divided & appropriated; granting Commissions to the Commanders of Ships or Vessels of War, & Letters of Marque and Reprizal; establishing & regulating Courts for the Trial of all Crimes, Frauds & piracies committed on the high Seas, & for receiving & determining finally Appeals in all maritime Causes, sending and receiving Embassadors under any Character; entring into Treaties & Alliances; settling all Disputes and Differences now subsisting or that hereafter may arise between two or more Colonies concerning Boundaries, Jurisdictions, or any other Cause whatever; establishing a sameness of Weights & Measures throughout all the united Colonies; coining Money and regulating the Value thereof; superintending all Indian Affairs, & regulating all Trade with those Nations; assigning Territories for new Colonies either in Lands to be separated from Colonies the words of whose Charters extend to the South Sea, or from the Colony of New York, heretofore purchased by the Crown, or Lands hereafter to be purchased from the Indians, & selling all such Lands for the general Benefit and advantage of all the united Colonies, ascertaining convenient and moderate Boundaries to such new Colonies, and giving proper Forms of Government to the Inhabitants within them upon the Principles of Liberty; and establishing and regulating Post-Offices throughout all the united Colonies.
The Congress shall have Authority to agree upon in the Manner herein directed proper Measures for the Defence & Security of the united Colonies & every of them against all their Enemies, and to carry the same into Execution so far forth as they are hereby permitted; to raise naval & land Forces for these purposes; (18) to emit Money or Bills of Credit; to make Rules for governing & regulating such Forces; (19) to appoint General Officers to command them; and other Officers necessary for managing the general Affairs of the Union under the Direction of Congress; (20) to commission other Officers appointed by Virtue of the Article preceding (see pa. 4. last art of this Copy); to appoint a Council of Safety to act in the Recess of Congress, and such Committees and Officers as may be necessary for managing the general Affairs of the Union, under the Direction of Congress while sitting, and in their Recess, of the Council of (Safety) State,(22) a Chamber of Accounts, an Office of Treasury, a Board of War, a Board of Admiralty, out of their own Body, and such Committees out of the same as shall be thought necessary.(20) They may appoint one of their Number to preside, and a suitable person for Secretary. The Chamber of Accounts, the Office of Treasury, the Board of War and Board of Admiralty, shall always act under the Direction of Congress while sitting, and in their Recess, under that of the Council of Safety.
But the Congress shall never impose or levy any Taxes or Duties,(23) except in managing the Post offices, nor interfere in the internal Police of any Colony or Colonies, any farther than such Police may be (expressly) affected by this Confederation; nor shall any Alteration be at any Time hereafter made in the Terms of this Confederation or any of them,(26) unless such Alteration be agreed to in (General Congress by the Delegates of every Colony of the Union and) an Assembly of the United States and be afterwards confirmed by the Legislature of every Colony.

The (Congress shall) United States assembled shall never engage the United Colonies in a War, nor conclude any Alliance or Treaty (27) with any other Power, nor raise naval Forces, nor form a Resolution to raise land Forces, nor agree upon the coining Money & regulating the Value thereof, or the emitting Bills or borrowing money on the Credit of the United Colonies, unless the Delegates of nine Colonies freely assent to the same.(29) No Question on any other Point except for adjourning shall be (put unless all the Colonies are actually represented in Congress when the Question is put) determined unless the Delegates of seven Colonies vote in the affirmative.(30)
No person shall be capable of being a Delegate for more than three Years in any Term of six Years.
No person holding any Office under the United States, for which he receives any pay or Fees by himself or another for his Benefit, shall be capable of being a Delegate.

Art. [20]. The Council of (Safety) State shall consist of one Delegate from each Colony,(3)l (of whom in the first appointment, five shall be determined by Lott to serve for one Year, four for two Years, and four for three Years, and as the said Terms expire, the Vacancies shall be filled by appointments for three Years, from the Delegates of those Colonies, whose Delegates then go out of the said offices; and no person who has served the said Term of three Years as a Councillor, shall be elected again until after a Respite of three Years) annually to be named by the Delegates of each Colony, and where they cannot agree, by the Congress.

The Business and Duty of this Council, (of which seven Members shall be a Quorum,) shall be, (in Recess of Congress) To receive & open all Letters directed to the (Congress) United States, and to return proper Answers, but not to make any Engagements that shall be binding on the united Colonies, or any of them.
To correspond with the several Assemblies, Colonial Councils and Committees of Safety, Governors and Presidents of Colonies, and all persons acting under the Authority of the Congress, or of the Legislature of any Colony.

To give Counsel to the Commanding officers of the Land and naval Forces in the Pay of the Continent whenever it may be expedient.

To supply the continental Forces by Sea and Land with all Necessaries from Time to Time.(32)
To expedite (the Coining or Striking Money ordered by the Congress to be coined or struck and) the Execution of such Measures as the Congress is hereby impowered to resolve upon, and may by them be injoined.
To transmit to the several Commanding Officers, Paymasters & Commissaries, from Time to Time, such Sums of Money as may be necessary for the Pay and Substance of the Continental Forces,(33) to draw upon the Treasurers for such Sums as may be appropriated by Congress, and to order Payment by them for such Contracts as the said Council may make in Pursuance of the Authorities hereby given them.(34)
To take Charge of all military stores belonging to the united Colonies, to procure such further Quantities as may probably be wanted, and to order any part thereof wheresoever it may be most requisite for the Common Service.(33)
To direct the safe keeping & comfortable Accommodation of all Prisoners of War.(33)
To contribute their Counsel & Authority towards raising Recruits ordered by Congress.(33)
To procure Intelligence of the Condition & Designs of Enemies.
To direct military operations by Sea and Land, not changing any Objects of Expeditions determined on by Congress, unless an Alteration of Circumstances which shall come to their Knowledge after the Recess of Congress, shall make such Change absolutely necessary.
To attend to the Defence and Preservation of Forts and strong Posts and to prevent the Enemy from acquiring new Holds.
To apply to the Legislatures or to such Officers in the several Colonies as are entrusted with the executive Powers of Government, for occasional Aid (of Minute Men & Militia) whenever & wherever necessary.
In Case of the Death or Removal of any Officer within the Appointment of Congress, to employ a person to fulfill his Duties, untill the Meeting of Congress, unless the Office be of such a Nature as to admit a Delay of appointment untill such Meeting.
(To suspend any Officer in the Land or naval Forces.)
To examine public Claims & Accounts and make Report thereof to the Congress.(37)
To superintend and controul or suspend all Officers civil & military acting under the Authority of the Congress.
To publish & disperse authentic Accounts of military operations.
To summon a Meeting of Congress at an earlier Day than is appointed for its next Meeting, if any great & unexpected Emergency should render it necessary for the Safety or Wellfare of the United Colonies or any of them.
To prepare Matters for the Consideration of Congress & To lay before the Congress at their next Meeting all Letters & Advices received by them, with a Report of their proceedings.
To appoint a proper person for their Clerk, who shall take an Oath of Secrecy & Fidelity, before he enters on the Exercise of his Office.
Seven Members shall have power to act.
In Case of the Death of any Member of the said Council, immediately to apply to his surviving Colleagues to appoint some one of themselves to be a Member of the said Council till the Meeting of Congress. If only one survives, to give him immediate notice that he may take his Seat as a Councillor, till such Meeting.

(The Delegates while acting as Members of the Council to be supported at the Expence of the Union .)

Art. [21]. (Any & every other of the British Colonies on this Continent, acceding to this Confederation and entirely joining in the Measures of the united Colonies, shall be admitted & entitled to all the Advantages & Priviledges of this Union.)(38) Canada acceding to this Confederation and entirely joining ln the Measures of the United Colonies, shall be admitted into & entitled to all the Advantages of this Union. But no other Colony on this Continent shall be admitted into the same, unless such admission be agreed to by the Delegates of nine Colonies.

Art. [22].(39) These Articles shall be proposed to the Legislatures of all the united Colonies to be by them considered, and if approved by them they are advised to authorize their Delegates to ratify the same in Congress, which being done, the (Confederation and Union so agreed to is to be perpetual) (the foregoing) Articles of this Confederation shall be inviolably observed by every Colony, and the Union is to be perpetual.(40)

MS (Nh). In the hand of Josiah Bartlett. MS (PHi). In the hand of John Dickinson
1 Pursuant to Richard Henry Lee's motion of June 7 "that a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation," Congress resolved on June 11 to appoint a committee to draft such a plan and selected one delegate from each colony for this purpose the following day. (Since New Jersey was then unrepresented, however, the 13th member of the committee was not actually appointed until Francis Hopkinson arrived on June 28.) The members undoubtedly set to work almost at once on their assigned task, but very little evidence survives to reconstruct the story of how the Articles took form. Only committee members Josiah Bartlett, John Dickinson, and Edward Rutledge have left contemporary testimony pertaining to the committee's work, and their references to the subject are confined to a few points, Bartlett, for example, reported on June 17 that "The affair of voting, whether by Colonies as at present, or otherwise, is not decided, and causes some warm disputes"; and on July I he observed that after working on the plan "for about a fortnight at all oppertunities," including all day Saturday, June 29, "this Day after Congress we are to meet again when I Believe it will be fitted to lay before Congress." Rutledge, in a letter of June 29, explained that he had "been much engaged lately upon a plan of a Confederation which Dickenson has drawn," denouncing Dickinson for "the Vice of Refining too much" and for "the Idea of destroying all Provincial Distinctions and making every thing of the most minute kind bend to what they call the good of the whole." And Dickinson, in a July I speech before Congress opposing independence, mentioned the committee in a passage arguing that the step was unwise because no form of government had been agreed upon that would provide stability once independence was declared: "The Committee on Confederation dispute almost every Article-some of Us totally despair of any reasonable Terms of Confederation." See Josiah Bartlett to John Langdon, June 17, and to Nathaniel Folsom, July l; Edward Rutledge to John Jay, June 29; and John Dickinson's Notes for a Speech in Congress, July 1, 1776.
Of the various papers produced by the committee in the course of their deliberations between June 12 and July 1, little more survives than the two documents printed here and the committee's draft in Dickinson's hand given to Secretary Thomson and reported to Congress on July 12. A few notes in Bartlett's hand pertaining to representation have been printed above under the date June 12, and two pages of Dickinson's notes incorporating revisions in his draft printed here are discussed in note 16 below.
From the two documents analyzed here, however, much of significance can be learned of the evolution of the Articles through committee. Dickinson obviously played the dominant role in creating the Articles, for his draft is heavily interlined and contains numerous deletions and marginalia. Photographs of pages one and three of the document can be examined in A Rising People, the Founding of the United States, 1765-1789 (Philadelphia: American Philosophical Society, 1976), p. 234. It also appears that this document was Dickinson's second draft, and it was probably penned about the time Bartlett remarked to Langdon on June 17 that the committee had been disputing on "the affair of voting." As originally drafted, it included no article on voting; the numerous additions and deletions contained in it were obviously made over a period of several days. Dickinson's 18th article- "Each Colony shall have one Vote in Congress"-appears in the margin of the document; blanks left in the draft initially were undoubtedly filled in at a later date; and the last two paragraphs of the 19th article were certainly added later in direct response to a "Quaere" Dickinson wrote but subsequently lined out in the margin In sum, it seems highly likely that this document was the basic draft Dickinson employed in committee from about June 17 to July 1, and from which he copied the committee draft reported to Congress. Although the latter was not submitted to Congress until July 12, it seems unlikely that much time was devoted to it after the first. At that time the independence debate preempted the attention of Congress, and immediately thereafter the call for the Pennsylvania militia to meet the British military threat to New York and New Jersey dominated Dickinson's activities. It is not known when he gave the committee draft to Thomson, but he probably did not attend Congress after July 4, and he was already at Elizabethtown, N.J., at the head of his battalion, when it was reported and read in Congress.
There is no evidence to indicate that Bartlett's manuscript is anything more than a clean copy of one of Dickinson's drafts. It is strikingly similar to the draft printed here, as Dickinson originally penned it and before making additions or deletions. The absence of both the fourth and thirteenth of Dickinson's articles suggests that Bartlett copied it from an earlier draft, probably at about the same time Dickinson made the draft printed here.
The double column format has been adopted here to facilitate examination of the alterations made in Dickinson's draft during the committee's deliberations. The document is also heavily annotated, and every attempt has been made to identify deletions made in committee through the conventional use of angle brackets and italic type. Deletions made in the ordinary course of composition have been ignored, except in a few cases in which the deleted words are revealing of Dickinson's thought, Dickinson did not number his articles, but numerals have been supplied in brackets to minimize confusion. In the Bartlett draft, angle brackets and regular brackets have been employed unconventionally to facilitate identification of variations between the manuscript and the committee draft reported to Congress on July 12. Thus, words appearing in Bartlett's manuscript but omitted from the committee draft are placed in angle brackets, and words substituted in or added to the latter appear in this text in regular brackets, with both in roman rather than italic type. For further discussion of some of the textual variations between these two documents, see Elwin L. Page, "Josiah Bartlett and the Federation," Historical New Hampshire (October 1947), pp. 1-6. The committee draft is in PCC, item 47, fols. 9-20, and JCC, 5:546-54.
Analyses of the Articles undertaken heretofore have of necessity focused on the evolution of the committee's plan through Congress after July 12 and on the struggle for ratification. Although only briefly concerned with the drafting of the Articles, the most thorough treatment of the committee's work is still Merrill Jensen, The Articles of Confederation, an Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781 (Madison: University of Wisconsin Press, 1940), chaps. 4 and 5. See especially pp. 130-39 for Jensen's analysis of the apportionment of powers and duties between the states and Congress that contains useful insights into the most difficult problem raised by the issue of confederation. It is apparent from the two documents printed here (see articles 19 and 20 of Dickinson's draft) that the allocation of powers was the most troublesome and time-consuming subject debated in the committee, and it was undoubtedly never resolved to the members' satisfaction before the pressure of events required submission of a draft plan of confederation to Congress.
Finally, there can be no doubt that the members of the committee began their work with a copy of Benjamin Franklin's proposed Articles of Confederation before them, for which see JCC, 2:195-99. Several passages from Franklin's plan can be found verbatim in the Bartlett and Dickinson drafts, and many others survive with only slight variations. Indeed, only the 4th, 7th, 8th, and 12th of Franklin's 13 articles are not conspicuously incorporated into the committee's work. See also Benjamin Franklin's Proposed Articles of Confederation, July 21, 1775.
2 At this point in the margin Dickinson penned the following "Quaere." "The Power of Congress interf[erin]g in any Change of the Const[ituti]on? Also the Propriety of garranteeing the respective Constitutions & Frames of Government."

3 In the margin: "All this Article rejected." This rejected article provides striking evidence of the radical nature of Dickinson's efforts to vest substantial authority in Congress and impose explicit restrictions upon the states. Since the rights of persons were generally believed to be a local matter unrelated to the problem of constructing a confederation between independent states, it is not surprising that the article was rejected out of hand. No suggestion that this issue was germane to the work of the committee has been found in the writing of any other delegate, but Dickinson's continued concern for religious liberty can also be seen in the first query he appended to the committee's draft of the Articles reported to Congress: "Should not the first Article provide for a Toleration and agt. Establishments hereafter to be made?" See JCC, 5:547n.1.
4 In the margin Dickinson penned two paragraphs whose relationship to this article and to one another is not clear. Only the second-which has been printed in italic type in angle brackets-has been crossed out, but both were obviously superseded by the 11th article printed here. The first reads as follows. "When Troops are to be raised in any of the Colonies for the Common Defence, the Resolutions of the Union in General Congress for raising them, shall be executed by the Legislature of each Colony respectively where such Forces are to be raised, or by such persons as the said Legislatures shall authorize for that purpose, unless it be agreed by the Delegates of nine Colonies, that the Troops shall be raised immediately by the Union, without the Aid of the said Legislatures; and even in that Case, the Officers proper (front below)."
5 One line left blank in both the Bartlett and Dickinson drafts. In the committee draft submitted to Congress, Dickinson also left a large blank space when he initially penned this article but inserted the following words at a later time, and probably with a different pen: "Inhabitants of every Age, Sex and Quality, except Indians paying Taxes." See PCC, item 47, fol. 12; and JCC, 5:548.
6 Following this article Dickinson left a query in the margin: "The propriety of raising Troops in each Colony in due proportion to its share of Taxes, and the Number of Troops to be raised, and allowing Colonies to raise & pay Troops in Lieu of Taxes."
7 In the committee draft this paragraph is followed by a 12th article which differs only slightly from the 13th article of the Dickinson draft. See JCC, 5:548-49.
8 In the margin: "Q. How far the Expence of any War is to be defrayed by the Union? "
9 The committee draft here includes a section restricting the issuance of letters of marque, part of which appears in Bartlett's article 14. See JCC, 5:549.
10 In the margin: "Q. How far any Colony may interfere in Indian Affairs?"
11 In the committee draft, Dickinson wrote "Art. 14th" in the margin at this point instead of at "A perpetual Alliance," the point at which the new article begins in both drafts printed here. The JCC text nevertheless actually follows the format of these earlier drafts, as Worthington C. Ford apparently decided to correct silently what he must have considered a slip of the pen by the author. Cf. PCC, item 47, fol. 13; and JCC, 5:549.
12 In the margin: "Q. How Representation in Congress to be regulated? How many shall make a Quorum, save in the [Executive?]....
"The Oath of every Delegate. What Points shall be determined by a Majority of the Colonies present, what by a Majority of all, or of two Thirds?
"If any Delegate may be allowed to vote by Proxy given to one of his Colleagues, or a Delegate of another Colony-if he is sick or absent?"
13 From the appearance of the MS it is obvious that Dickinson added the remainder of this sentence at a later date. This conclusion is also confirmed by Dickinson's use here of the term "Council of State," a term that was agreed upon relatively late in the committee's deliberations to replace "Council of Safety." After he originally wrote this article, Dickinson placed two queries in the margin which he subsequently lined out, both of which employed the latter term. "II not supplied by Council of Safety?" and "If each Colony shall support its own Delegates while meeting as Members of the Council of Safety?"
14 The placement of this article in the margin of the MS indicates that the provision was agreed to after Dickinson had penned this draft and that he used this copy of the document to incorporate changes later agreed to in committee.
15 A reference to the 14th article of this draft.
16 Although this Dickinson draft consists of 12 MS pages, two additional pages are located with the document. These 13th and 14th pages are actually two separate work sheets used by Dickinson in the course of composition, and they contain approximately two-thirds of the remainder of this article, much of which appears in the margin of Dickinson's draft. Apparently the document became too crowded to bear further interlineation, and he therefore resorted to additional sheets of paper in his efforts to improve the document.
17 Seven clauses follow at this point in the committee draft, many of which appear later in this article in Bartlett's draft. See JCC, 5:551. The numerous variations in this article between Bartlett's draft and the Dickinson and committee drafts indicate that the attempt to specify the powers of Congress gave the committee great difficulty and consumed much of their time in the later stages of their deliberations.
l8 In the margin: "Q. To direct the Marches, Cruises & Operations of such Forces."
19 In the margin: "Q. An Oath to be admd. to every Offr. in the Land & naval Forces & to every Soldier & Mariner to obey Congress & not to violate the laws or Rights & Liberties of any Colony?
"Q. The Power of Congress to erect Forts? establish Garrs. for the Genl. Wellfare & to call out the militia.
"Q. The Power of laying Embargos?
"Q. The Power of arresting, securing & trying persons in the service of the united Colonies? "
20 Dickinson inserted regular brackets around this clause, apparently sometime later during the committee's deliberations.
21 In the committee draft this sentence concludes: "Forces-To agree upon the Number of Land Forces to be raised, and to make Requisitions from the Legislature of each Colony, or the Persons therein authorized by the Legislature to execute such Requisitions, for the Quota of each Colony, which is to be in Proportion to the Number of white Inhabitants in that Colony, which Requisitions shall be binding, and thereupon the Legislature of each Colony or the Persons authorized as aforesaid, shall appoint the Regimental Officers, raise the Men, and arm and equip them in a soldier-like Manner; and the Officers and Men so armed and equipped, shall march to the Place appointed, and within the Time agreed on by the United States assembled." The committee draft also contains two additional paragraphs, on quotas for raising troops in the colonies and on "Weights and Measures," before continuing with the subject of taxes, See JCC, 5:551.
22 In the margin: "Q. Powers of the Chamber of Accounts, Off. of Treasury, & Board of War and Admiralty. Need they be defined, as they are to act under the Congress & in their Recess under the Council of Safety?
"Q. Commrs, for Indian Affairs?
"Q. Need any of those be mentioned?"
23 In the margin: "Q. If Congress may be allowed to impose any Duties for the Regulation of Trade or raising a Revenue for the general Benefit, provided they are equal & common to all the Colonies?"
24 At this point Bartlett's draft contains a "Quere" in parenthesis: "whether or not on the Indians trade &c."
25 The remainder of this sentence appears at the conclusion of article 20 of the committee draft.

26 In the margin: "Q. If this part ought not to be transpos'd towards the End?"
27 In the margin: "Q. Of a treaty of Peace?"
28 In the committee draft this paragraph concludes: "nor coin Money nor regulate the Value thereof, nor agree upon nor fix the Sums and Expenses necessary for the Defence and Welfare of the United Colonies or any of them nor emit Bills, nor borrow Money on the Credit of the United Colonies, nor raise Naval Forces, nor agree upon the Number of Land Forces to be raised, unless the Delegates of nine Colonies freely assent to the same: Nor shall a Question on any other Point, except for adjourning, be determined, unless the Delegates of seven Colonies vote in the affirmative." In the committee draft two paragraphs restricting the eligibility of delegates to Congress and one on the publication of their journals of proceedings follow. See JCC, 5:552-53
29 In the margin: "Q. In what other Cases, such assent should be required?"
30 Dickinson originally ended his draft at this point and placed a query in the margin on the subject of limitations on eligibility for election of delegates to Congress. He subsequently lined out the query and added the following two paragraphs of the article.
31 In the margin: "Q. Oath of a Councillor?"
32 In the margin: "Q. If these powers are not granted to the War Office & Admiralty."
33 In the margin: "Same Quaere."
34 In the margin: "Q. If this is not too large a Power?"
35 In the committee draft this sentence concludes: "and to direct military Operations by Sea and Land, not changing any Objects or Expeditions determined on by the United States assembled, unless an Alteration of Circumstances which shall come to the Knowledge of the Council after the Recess of the States, shall make such Change absolutely necessary."
From this point to the conclusion of the article the variations between this document and the committee draft are too numerous to annotate separately and clearly. See JCC, 5:553-54.
36 At this point Bartlett left approximately one line blank.
37 In the margin: "Q. If this power is not given to the Treasury."
38 The two following sentences were written in the margin after the preceding passage was crossed out.
39 In the committee draft this concluding paragraph does not appear as a separate article. It is clear from the MS, however, that Dickinson had written "Art" in the margin at this point and that the letters have been erased. See PCC, item 47, fol. 20; and JCC, 5:554. Whether the erasure was the work of Dickinson cannot of course be determined.
40 Dickinson penned the following observations at the bottom of the page after the conclusion of this article.
"Q, The problem of proceedings of Congress every Month & the Yeas & Nays.
"Oath on Behalf of every Colony, all the Inhabitants & their posterity to observe & adhere to all the Acts of this Confederacy.
"Q. [....] The Cons[titu]tion to be in Congress."

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