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 appearing
that 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. Source: The Federal and State Constitutions Colonial
Charters, and Other Organic Laws of the States, Territories, and Colonies
Now or Heretofore Forming the United States of America Compiled and Edited
Under the Act of Congress of June 30, 1906 by Francis Newton Thorpe Washington,
DC : Government Printing Office, 1909.
We gratefully acknowledge
The Avon Project at the Yale Law School for permission to use materials
they have previously formated for use on their site and invite you to explore
their substantial archieve of legal resources.
