Changes

The Articles of Confederation served as the written document that established the functions of the national government of the United States after it declared independence from Great Britain. It established a weak central government that mostly, but not entirely, prevented the individual states from conducting their foreign diplomacy.

The Albany Plan, an earlier, pre-independence attempt at joining the colonies into a larger union, had failed in part because the individual colonies were concerned about losing power to another central institution. As the American Revolution gained momentum, however, many political leaders saw the advantages of a centralized government that could coordinate the Revolutionary War. In June of 1775, the New York provincial Congress sent a plan of union to the Continental Congress, which, like the Albany Plan, continued to recognize the authority of the British Crown.

The Continental Congress voted on Jan 10, 1781, to establish a Department of Foreign Affairs; on Aug 10 of that year, it elected Robert R. Livingston as Secretary of Foreign Affairs. The Secretary’s duties involved corresponding with U.S. representatives abroad and with ministers of foreign powers. The Secretary was also charged with transmitting Congress’ instructions to U.S. agents abroad and was authorized to attend sessions of Congress. A further Act of Feb 22, 1782, allowed the Secretary to ask and respond to questions during sessions of the Continental Congress.

====What were the Articles of Confederation?====

The Articles created a sovereign, national government, and, as such, limited the rights of the states to conduct their own diplomacy and foreign policy. However, this proved difficult to enforce, as the national government could not prevent the state of Georgia from pursuing its own independent policy regarding Spanish Florida, attempting to occupy disputed territories and threatening war if Spanish officials did not work to curb Indian attacks or refrain from harboring escaped slaves. Nor could the Confederation government prevent the landing of convicts that the British Government continued to export to its former colonies.

====The Articles of Confederation====

To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.

V.

No State shall be represented in Congress by less than two, nor more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees or emolument of any kind.

The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons, which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgement and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgement, which shall in like manner be final and decisive, the judgement or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided that every commissioner, before he sits in judgement, shall take an oath to be administered by one of the judges of the supreme or superior court of the State, where the cause shall be tried, 'well and truly to hear and determine the matter in question, according to the best of his judgement, without favor, affection or hope of reward': provided also, that no State shall be deprived of territory for the benefit of the United States.

The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States -- fixing the standards of weights and measures throughout the United States -- regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated -- establishing or regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office -- appointing all officers of the land forces, in the service of the United States, excepting regimental officers -- appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States -- making rules for the government and regulation of the said land and naval forces, and directing their operations.

XII.

XIII.

And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said Articles of Confederation and perpetual Union. Know Ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual Union, and all and singular the matters and things therein contained: And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said Confederation are submitted to them. And that the Articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual.

Agreed to by Congress 15 November 1777 In force after ratification by Maryland, 1 March 1781

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Republished from [https://history.state.gov/| Office of the Historian, United States Department of State]

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