Confederation, Articles of: The Articles

The Articles

The preamble and Article 1 established a perpetual union of the Thirteen Colonies under the style of the United States of America. Article 2 asserted that each state retained its sovereignty and every right not expressly delegated to the central government, while Article 3 characterized the confederation as a “league of friendship,” for common defense. In Article 4, the free inhabitants of each state were granted the privileges of free citizens in all the states, extradition was provided for, and it was stipulated that full faith and credit be given the records, acts, and judicial proceedings of the courts of one state by the courts of every other state.

Article 5 provided that each state send annually not less than two nor more than seven delegates to Congress, though each state was to have only one vote. Article 6 left the conduct of war to Congress, and Article 7 empowered the state legislatures to appoint military officers up to and including the rank of colonel. Article 8 provided that the charges of war and other expenses incurred for the common defense should be defrayed out of a common treasury.

Besides placing the conduct of foreign affairs in the hands of Congress, Article 9 authorized a system of settling disputes between states, granted Congress partial control over the currency, sanctioned the establishment of post offices by Congress, and established the Committee of the States, with one delegate from each state, to sit in recess of Congress. The authority of the central government was drastically restricted by this article, which forbade Congress to engage in war, negotiate treaties or alliances, coin money, emit bills of credit, or borrow and appropriate money without obtaining the consent of a majority of the states.

Provisions for the functioning of the Committee of the States and for the possible admission of Canada were made in Articles 10 and 11. Article 12 stated that pecuniary obligations of Congress were to be deemed a charge against the United States. Article 13 stipulated that the Articles of Confederation were to be unanimously ratified by the states before going into effect and that no alteration could be made unless agreed to both by Congress and by the legislature of every state.

By 1779 all the states had ratified the Articles except Maryland, which refused its assent until states claiming territory NW of the Ohio River relinquished their claims, thus guaranteeing the equitable right of all states to the Western lands. When New York, followed by Virginia and Connecticut, offered to cede to Congress its claims to Western territory, Maryland ratified (Mar. 1, 1781) the articles.

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