 |
The Articles of
Confederation of
the United Colonies of New England |
Created November 15. 1777
May 19, 1643
The Articles of Confederation between the Plantations
under the Government of the Massachusetts, the Plantations under the Government
of New Plymouth, the Plantations under the Government of Connecticut, and the
Government of New Haven with the Plantations in Combination therewith:
Whereas we all came into these parts of America with one and the same end and
aim, namely, to advance the Kingdom of our Lord Jesus Christ and to enjoy the
liberties of the Gospel in purity with peace; and whereas in our settling (by a
wise providence of God) we are further dispersed upon the sea coasts and rivers
than was at first intended, so that we can not according to our desire with
convenience communicate in one government and jurisdiction; and whereas we live
encompassed with people of several nations and strange languages which hereafter
may prove injurious to us or our posterity. And forasmuch as the natives have
formerly committed sundry Insolence and outrages upon several Plantations of the
English and have of late combined themselves against us: and seeing by reason of
those sad distractions in England which they have heard of, and by which they
know vie are hindered from that humble way of seeking advice, or reaping those
comfortable fruits of protection, which at other times we might well expect. We
therefore do conceive it our bounder duty, without delay to enter into a present
Consociation amongst ourselves, for mutual help and strength in all our future
concernments: That, as in nation and religion, so in other respects, we be and
continue one according to the tenor and true meaning of the ensuing articles:
Wherefore it is fully agreed and concluded by and between the parties or
Jurisdictions above named, and they jointly and severally do by these presents
agree and conclude that they all be and henceforth be called by the name of the
United Colonies of New England.
2. The said United Colonies for themselves and their posterities do jointly and
severally hereby enter into a firm and perpetual league of friendship and amity
for offence and defence, mutual advice and succor upon all just occasions both
for preserving and propagating the truth and liberties of the Gospel and for
their own mutual safety and welfare.
3. It is further agreed that the Plantations which at present are or hereafter
shall be settled within the limits of the Massachusetts shall be forever under
the Massachusetts and shall have peculiar jurisdiction among themselves in all
cases as an entire body, and that Plymouth, Connecticut, and New Haven shall
each of them have like peculiar jurisdiction and government within their limits;
and in reference to the Plantations which already are settled, or shall
hereafter be erected, or shall settle within their limits respectively; provided
no other Jurisdiction shall hereafter be taken in as a distinct head or member
of this Confederation, nor shall any other Plantation or Jurisdiction in present
being, and not already in combination or under the jurisdiction of any of these
Confederates, be received by any of them; nor shall any two of the Confederates
join in one Jurisdiction without consent of the rest, which consent to be
interpreted as is expressed in the sixth article ensuing.
4. It is by these Confederates agreed that the charge of all just wars, whether
offensive or defensive, upon what part or member of this Confederation soever
they fall, shall both in men, provisions and all other disbursements be borne by
all the parts of this Confederation in different proportions according to their
different ability in manner following, namely, that the Commissioners for each
Jurisdiction from time to time, as there shall be occasion, bring a true account
and number of all their males in every Plantation, or any way belonging to or
under their several Jurisdictions, of what quality or condition soever they be,
from sixteen years old to threescore, being inhabitants there. And that
according to the different numbers which from time to time shall be found in
each Jurisdiction upon a true and just account, the service of men and all
charges of the war be borne by the poll: each Jurisdiction or Plantation being
left to their own just course and custom of rating themselves and people
according to their different estates with due respects to their qualities and
exemptions amongst themselves though the Confederation take no notice of any
such privilege: and that according to their different charge of each
Jurisdiction and Plantation the whole advantage of the war (if it please God so
to bless their endeavors) whether it be in lands, goods, or persons, shall be
proportionately divided among the said Confederates.
5. It is further agreed, that if any of these Jurisdictions or any Plantation
under or in combination with them, be invaded by any enemy whomsoever, upon
notice and request of any three magistrates of that Jurisdiction so invaded, the
rest of the Confederates without any further meeting or expostulation shall
forthwith send aid to the Confederate in danger but in different proportions;
namely, the Massachusetts an hundred men sufficiently armed and provided for
such a service and journey, and each of the rest, forty-five so armed and
provided, or any less number, if less be required according to this proportion.
But if such Confederate in danger may be supplied by their next Confederates,
not exceeding the number hereby agreed, they may crave help there, and seek no
further for the present: the charge to be borne as in this article is expressed:
and at the return to be victualled and supplied with powder and shot for their
journey (if there be need) by that Jurisdiction which employed or sent for them;
but none of the Jurisdictions to exceed these numbers until by a meeting of the
Commissioners for this Confederation a greater aid appear necessary. And this
proportion to continue till upon knowledge of greater numbers in each
Jurisdiction which shall be brought to the next meeting, some other proportion
be ordered. But in any such case of sending men for present aid, whether before
or after such order or alteration, it is agreed that at the meeting of the
Commissioners for this Confederation, the cause of such war or invasion be duly
considered: and if it appear that the fault lay in the parties so invaded then
that Jurisdiction or Plantation make just satisfaction, both to the invaders
whom they have injured, and bear all the charges of the war themselves, without
requiring any allowance from the rest of the Confederates towards the same. And
further that if any Jurisdiction see any danger of invasion approaching, and
there be time for a meeting, that in such a case three magistrates of the
Jurisdiction may summon a meeting at such convenient place as themselves shall
think meet, to consider and provide against the threatened danger; provided when
they are met they may remove to what place they please; only whilst any of these
four Confederates have but three magistrates in their Jurisdiction, their
requests, or summons, from any two of them shall be accounted of equal force
with the three mentioned in both the clauses of this article, till there be an
increase of magistrates there.
6. It is also agreed, that for the managing and concluding of all Stairs and
concerning the whole Confederation two Commissioners shall be chosen by and out
of each of these four Jurisdictions: namely, two for the Massachusetts, two for
Plymouth, two for Connecticut, and two for New Haven, being all in
Church-fellowship with us, which shall bring full power from their several
General Courts respectively to hear, examine, weigh, and determine all affairs
of our war, or peace, leagues, aids, charges, and numbers of men for war,
division of spoils and whatsoever is gotten by conquest, receiving of more
Confederates for Plantations into combination with any of the Confederates, and
all things of like nature, which are the proper concomitants or consequents of
such a Confederation for amity, offense, and defence: not intermeddling with the
government of any of the Jurisdictions, which by the third article is preserved
entirely to themselves. But if these eight Commissioners when they meet shall
not all agree yet it [is] concluded that any six of the eight agreeing shall
have power to settle and determine the business in question. But if six do not
agree, that then such propositions with their reasons so far as they have been
debated, be sent and referred to the four General Courts; namely, the
Massachusetts, Plymouth, Connecticut, and New Haven; and if at all the said
General Courts the business so referred be concluded, then to be prosecuted by
the Confederates and all their members. It is further agreed that these eight
Commissioners shall meet once every year besides extraordinary meetings
(according to the fifth article) to consider, treat, and conclude of all affairs
belonging to this Confederation, which meeting shall ever be the first Thursday
in September. And that the next meeting after the date of these presents, which
shall be accounted the second meeting, shall be at Boston in the Massachusetts,
the third at Hartford, the fourth at New Haven, the fifth at Plymouth, the sixth
and seventh at Boston; and then Hartford, New Haven, and Plymouth, and so n
course successively, if in the meantime some middle place be not found out and
agreed on, which may be commodious for all the Jurisdictions.
7. It is further agreed that at each meeting of these eight Commissioners,
whether ordinary or extraordinary, they or six of them agreeing as before, may
choose their President out of themselves whose office work shall be to take care
and direct for order and a comely carrying on of all proceedings in the present
meeting: but he shall be invested with no such power or respect, as by which he
shall hinder the propounding or progress of any business, or any way cast the
scales otherwise than in the precedent article is agreed.
8. It is also agreed that the Commissioners for this Confederation hereafter at
their meetings, whether ordinary or extraordinary, as they may have commission
or opportunity, do endeavor to frame and establish agreements and orders in
general cases of a civil nature, wherein all the Plantations are interested, for
preserving of peace among themselves, for preventing as much as may be all
occasion of war or differences with others, as about the free and speedy passage
of justice in every Jurisdiction, to all the Confederates equally as to their
own, receiving those that remove from one Plantation to another without due
certificate, how all the Jurisdictions may carry it towards the Indians, that
they neither grow insolent nor be injured without due satisfaction, lest war
break in upon the Confederates through such miscarriages. It is also agreed that
if any servant run away from his master into any other of these confederated
Jurisdictions, that in such case, upon the ceritficate of one magistrate in the
Jurisdiction out of which the said servant fled, or upon other due proof; the
said servant shall be delivered, either to his master, or any other that pursues
and brings such certificate or proof. And that upon the escape of any prisoner
whatsoever, or fugitive for any criminal cause, whether breaking prison, or
getting from the officer, or otherwise escaping, upon the certificate of two
magistrates of the Jurisdiction out of which the escape is made, that he was a
prisoner, or such an offender at the time of the escape, the magistrates, or
some of them of that Jurisdiction where for the present the said prisoner or
fugitive abideth, shall forthwith grant such a warrant as the case will bear,
for the apprehending of any such person, and the delivery of him into the hands
of the officer or other person who pursues him. And if there be help required,
for the safe returning of any such offender, then it shall be granted to him
that craves the same, he paying the charges thereof.
9. And for that the justest wars may be of dangerous consequence, especially to
the smaller Plantations in these United Colonies, it is agreed that neither the
Massachusetts, Plymouth, Connecticut, nor New Haven, nor any of the members of
them, shall at any time hereafter begin, undertake, or engage themselves, or
this Confederation, or any part thereof in any war whatsoever (sudden
exigencies, with the necessary consequents thereof excepted), which are also to
be moderated as much as the case will permit, without the consent and agreement
of the forementioned eight Commissioners, or at least six of them, as in the
sixth article is provided: and that no charge be required of any of the
Confederates, in case of a defensive war, till the said Commissioners have met,
and approved the justice of the war, and have agreed upon the sum of money to be
levied, which sum is then to be paid by the several Confederates in proportion
according to the fourth article
10. That in extraordinary occasions, when meetings are summoned by three
magistrates of any Jurisdiction, or two as in the fifth article, ii) any of the
Commissioners come not, due warning being given or sent, it is agreed that four
of the Commissioners shall have power to direct a war which cannot be delayed,
and to send for due proportions of men out of each Jurisdiction, as well as six
might do if all met; but not less than six shall determine the justice of the
war, or allow the demands or bills of charges, or cause any levies to be made
for the same.
11. It is further agreed that if any of the Confederates shall hereafter break
any of these present articles, or be any other ways injurious to any one of the
other Jurisdictions; such breach of agreement or injury shall be duly considered
and ordered by the Commissioners for the other Jurisdictions, that both peace
and this present Confederation may be entirely preserved without violation.
12. Lastly, this perpetual Confederation, and the several articles and
agreements thereof being read and seriously considered, both by the General
Court for the Massachusetts, and by the Commissioners for Plymouth, Connecticut,
and New Haven, were fully allowed and confirmed by three of the forenamed
Confederates, namely, the Massachusetts, Connecticut, and New Haven; only the
Commissioners for Plymouth having no commission to concludes desired respite
until they might advise with their General Court; whereupon it was agreed and
concluded by the said Court of the Massachusetts, and the Commissioners for the
other two Confederates, that, if Plymouth consent, then the whole treaty as it
stands in these present articles is, and shall continue, firm and stable without
alteration: but if Plymouth come not in yet the other three Confederates do by
these presents confirm the whole Confederation, and all the articles thereof;
only in September next when the second meeting of the Commissioners is to be at
Boston, new consideration may be taken of the sixth article, which concerns
number of Commissioners for meeting and concluding the affairs of this
Confederation to the satisfaction of the Court of the Massachusetts, and the
Commissioners for the other two Confederates, but the rest to stand
unquestioned.
In testimony whereof, the General Court of the Massachusetts by their Secretary,
and the Commissioners for Connecticut and New Haven, have subscribed these
present articles of this nineteenth of the third month, commonly called May,
Anno Domini 1643.
At a meeting of the Commissioners for the Confederation held at Boston the 7th
of September, it appethat the General Court of New Plymouth and the several
townships thereof have read, considered, and approved these Articles of
Confederation, as appeareth by commission of their General Court bearing date
the 29th of August, 1643, to Mr. Edward Winslow and Mr. William Collier to
ratify and confirm the same on their behalf: we therefore, the Commissioners for
the Massachusetts, Connecticut, and New Haven, do also from our several
Governments subscribe unto them.
Signatories of The Articles
of Confederation
New Hampshire: Josiah Bartlett and
John Wentworth Jr.
Massachusetts Bay: John Hancock,
Samuel Adams, Rlbridge Gerry, Francis Dana, James
Lovell & Samuel Holten
Rhode Island and Providence
Plantations: William Ellery, Henry Marchant, & John Collins
Connecticut: Roger Sherman, Samuel
Huntington, Oliver Wolcott, Titus Hosmer & Andrew Adams
New York: James Duane, Francis
Lewis, William Duer & Gouverneur Morris
New Jersey: John Witherspoon &
Nathaniel Scudder
Pennsylvania: Robert Morris, Daniel
Roberdeau, Jonathan Bayard Smith, William Clingan & Joseph
Reed
Delaware: Thomas McKean, John
Dickinson & Nicholas Van Dyke
Maryland: John Hanson & Daniel
Carroll
Virginia: Richard Henry Lee, John
Banister, Thomas Adams, John Harvie & Francis Lightfoot Lee
North Carolina: John Penn, Cornelius
Harnett & John Williams
South Carolina: Henry Laurens,
William Henry Drayton, John Matthews, Richard Hutson &
Thomas Heyward Jr.
Georgia: John Walton, Edward Telfair
& Edward Langworthy
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