ARTICLES OF CONFEDERATION. The title of the compact which was made by the thirteen original states of the United States of America. Story, Const. 215, 223.
The full title was "Articles of Confederal tion and perpetual union between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New • Jersey, Penn sylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Geor gia." It was adopted and went into force on the first day of March, 1781, and remained as the supreme law until the first Wednes day of March, 1789; Owings v. Speed, 5 Wheat. (U. S.) 420, 5 L. Ed. 124.
The accompanying analysis of this important in strument is from Judge Story's Commentaries on the Constitution of the United States.
The style of the confederacy was, by the first ar ticle, declared to be, "The United States of Amer ica." The second article declared that each state retained its sovereignty, freedom, and independence, and every power, jurisdiction, and right which was not by this confederation expressly delegated to the United States, in congress assembled. The third article declared that the states severally en tered into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general wel fare; binding themselves to assist each other against all force offered to or attacks made upon them, or any of them, on account of religion, sover eignty, trade, or any other pretence whatever. The fourth article declared that the free inhabitants of each of the states (vagabonds and fugitives from justice excepted) should be entitled to all the priv ileges of free citizens in the several states ; that the people of each state should have free ingress and regress to and from any other state, and should enjoy all the privileges of trade and commerce, sub ject to the same duties and restrictions as the in habitants; that fugitives from justice should, upon the demand of the executive of the state from which they fled, be delivered up ; and that full faith and credit should be given, in each of the states, to the records, acts, and judicial proceedings of the courts and magistrates of every other state. Having thus provided for the security and inter course of the states, the next article (6th) provided for the organization of a general congress, declar ing that delegates should be chosen in such manner as the legislature of each state should direct; to meet in congress on the first Monday in every year, with a power, reserved to each state, to recall any or all of the delegates, and to send others in their stead. No state was to be represented in congress
by less than two nor more than seven members. No delegate was eligible for more than three in any term of six years ; and no delegate was capable of holding office of emolument under the United States. Each state was to maintain its own delegates, and, in determining questions in congress, was to have one vote. Freedom of speech and debate in con gress was not to. be impeached or questioned in any other place; and the members were to be pro tected from arrest and imprisonment during the time of their going to and from and attendance on congress, except for treason, felony, or breach of the peace.
By subsequent articles, 'congress was invested with the sole and exclusive right and power of de termining on peace and war, unless in case of an invasion of a state by enemies, or an imminent dan ger of an invasion by Indians; of sending and re ceiving ambassadors; entering into treaties and alliances, under certain limitations as to treaties of commerce; of establishing rules for deciding all cases of capture on land and water, and for the division and appropriation of prizes taken by the land or naval forces, in the service of the United States ; of granting letters of marque and reprisal in times of peace; of appointing courts for the trial of piracies and felonies committed on the high seas ; and of establishing courts for receiving and finally determining appeals in all cases of captures. Congress was also invested with power to decide in the last resort, on appeal, all disputes and differ ences between two or more states concerning bound ary, jurisdiction, or any other cause whatsoever; and the mode of exercising that authority was specially prescribed. And all controversies con cerning the private right of soil, claimed under different grants of two or more states before the settlement of their jurisdiction, were to be finally determined in the same manner, upon the petition of either of the grantees. But no state was to be deprived of t/erritory for the benefit of the United States.