nine States shall suffice to establish the System, that provision will
be omitted, every thing will go into confusion, and all our labor be
lost.

M^r Rutlidge viewed the matter in the same light with M^r King.

On the question to postpone in order to take up Col: Hamilton's motion

    N. H. no. Mas. no. C^t ay. N. J. no. P^a no. Del. no. M^d no.
    V^a no. N. C. no. S. C. no. Geo. no.

A Question being then taken on the article XXI. It was agreed to
unanimously.

Col: Hamilton withdrew the remainder of the motion to postpone art.
XXII, observing that his purpose was defeated by the vote just given.

M^r Williamson & M^r Gerry moved to re-instate the words "for the
approbation of Congress" in Art: XXII. which was disagreed to nem: con:

M^r Randolph took this opportunity to state his objections to the
System. They turned on the Senate's being made the Court of Impeachment
for trying the Executive--on the necessity of 3/4 instead of 2/3 of each
house to overrule the negative of the President--on the smallness of the
number of the Representative branch,--on the want of limitation to a
standing army--on the general clause concerning necessary and proper
laws--on the want of some particular restraint on navigation acts--on
the power to lay duties on exports--on the authority of the General
Legislature to interpose on the application of the _Executives_ of the
States--on the want of a more definite boundary between the General &
State Legislatures--and between the General and State Judiciaries--on
the unqualified power of the President to pardon treasons--on the want
of some limit to the power of the Legislature in regulating their own
compensations. With these difficulties in his mind, what course he asked
was he to pursue? Was he to promote the establishment of a plan which he
verily believed would end in Tyranny? He was unwilling he said to impede
the wishes and Judgment of the Convention, but he must keep himself
free, in case he should be honored with a seat in the Convention of his
State, to act according to the dictates of his judgment. The only mode
in which his embarrassments could be removed, was that of submitting the
plan to Cong^s to go from them to the State Legislatures, and from these
to State Conventions having power to adopt reject or amend; the process
to close with another General Convention with full power to adopt or
reject the alterations proposed by the State Conventions, and to
establish finally the Government. He accordingly proposed a Resolution
to this effect.

Doc^r Franklin 2^{ded} the motion.

Col: Mason urged & obtained that the motion should lie on the table for
a day or two to see what steps might be taken with regard to the parts
of the system objected to by M^r Randolph.

M^r Pinkney moved "that it be an instruction to the Committee for
revising the stile and arrangement of the articles agreed on, to prepare
an address to the people, to accompany the present Constitution, and to
be laid with the same before the U. States in Congress."

[67]The motion itself was referred to the Committee nem: con:

[67]M^r Randolph moved to refer to the Committee also a motion relating
to pardons in cases of Treason--which was agreed to nem: con:

    [67] These motions are not entered in the printed
        Journal.--Madison's Note.

                               Adjourned.

                 TUESDAY SEP^R 11. 1787. IN CONVENTION

The Report of the Committee of stile & arrangement not being made &
being waited for,

                          The House Adjourned.

                WEDNESDAY SEP^R 12. 1787. IN CONVENTION

Doc^r Johnson from the Committee of stile &c. reported a digest of the
plan, of which printed copies were ordered to be furnished to the
members. He also reported a letter to accompany the plan, to
Congress.[68]

    [68] A note by Madison in the text says: "(here insert a
        transcript of the former from the annexed sheet as _printed_
        and of the latter from the draft as finally agreed to,)" and
        his footnote says: "This is a literal copy of the printed
        Report. The Copy in the printed Journal contains some of the
        alterations subsequently made in the House." No transcript
        of the report was, however, made by Madison, but the printed
        copy is among his papers. It is a large folio of four pages
        printed on one side of each page, and is accurately
        reproduced here. Madison's copy is marked by him: "as
        reported by Com^e of revision, or stile and arrangement
        Sep^r 12." The report is, in fact, correctly printed in the
        _Journal of the Federal Convention_, 351, _et seq._,
        Madison's statement to the contrary being an error. General
        Bloomfield furnished Brearley's copy to John Quincy Adams,
        and he printed it without the alterations and amendments
        which Brearley had made. The extent of Brearley's
        alterations and amendments may be seen in the copy printed
        in the _Documentary History of the Constitution_, i., 362,
        _et seq._

    WE, THE PEOPLE OF THE UNITED STATES, IN ORDER TO FORM a more
    perfect union, to establish justice, insure domestic
    tranquility, provide for the common defence, promote the general
    welfare, and secure the blessings of liberty to ourselves and
    our posterity, do ordain and establish this Constitution for the
    United States of America.

                               ARTICLE I.

    _Sect._ 1. All legislative powers herein granted shall be vested
    in a Congress of the United States, which shall consist of a
    Senate and House of Representatives.

    _Sect._ 2. The House of Representatives shall be composed of
    members chosen every second year by the people of the several
    states, and the electors in each state shall have the
    qualifications requisite for electors of the most numerous
    branch of the state legislature.

    No person shall be a representative who shall not have attained
    to the age of twenty-five years, and been seven years a citizen
    of the United States, and who shall not, when elected, be an
    inhabitant of that state in which he shall be chosen.

    Representatives and direct taxes shall be apportioned among the
    several states which may be included within this Union,
    according to their respective numbers, which shall be determined
    by adding to the whole number of free persons, including those
    bound to servitude for a term of years, and excluding Indians
    not taxed, three-fifths of all other persons. The actual
    enumeration shall be made within three years after the first
    meeting of the Congress of the United States, and within every
    subsequent term of ten years, in such manner as they shall by
    law direct. The number of representatives shall not exceed one
    for every forty thousand, but each state shall have at least one
    representative: and until such enumeration shall be made, the
    state of New-Hampshire shall be entitled to chuse three,
    Massachusetts eight, Rhode-Island and Providence Plantations
    one, Connecticut five, New-York, six, New-Jersey four,
    Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
    North-Carolina five, South-Carolina five, and Georgia three.

    When vacancies happen in the representation from any state, the
    Executive authority thereof shall issue writs of election to
    fill such vacancies.

    The House of Representatives shall choose their Speaker and
    other officers; and they shall have the sole power of
    impeachment.

    _Sect._ 3. The Senate of the United States shall be composed of
    two senators from each state, chosen by the legislature thereof,
    for six years: and each senator shall have one vote.

    Immediately after they shall be assembled in consequence of the
    first election, they shall be divided[69] as equally as may be
    into three classes. The seats of the senators of the first class
    shall be vacated at the expiration of the second year, of the
    second class at the expiration of the fourth year, and of the
    third class at the expiration of the sixth year, so that
    one-third may be chosen every second year: and if vacancies
    happen by resignation, or otherwise, during the recess of the
    Legislature of any state, the Executive thereof may make
    temporary appointments until the next meeting of the
    Legislature.

        [69] The words, "by lot," were not in the Report as printed;
            but were inserted in manuscript, as a typographical
            error, departing from the text of the Report referred to
            the Committee of style & arrangement.--Marginal note by
            Madison.

    No person shall be a senator who shall not have attained to the
    age of thirty years, and been nine years a citizen of the United
    States, and who shall not, when elected, be an inhabitant of
    that state for which he shall be chosen.

    The Vice-President of the United States shall be, ex
    officio,[70] President of the senate, but shall have no vote,
    unless they be equally divided.

        [70] Ex officio struck out in Madison's copy.

    The Senate shall choose their other officers, and also a
    President pro tempore, in the absence of the Vice-President, or
    when he shall exercise the office of President of the United
    States.

    The Senate shall have the sole power to try all impeachments.
    When sitting for that purpose, they shall be on oath. When the
    President of the United States is tried, the Chief Justice shall
    preside: and no person shall be convicted without the
    concurrence of two-thirds of the members present.

    Judgment in cases of impeachment shall not extend further than
    to removal from office, and disqualification to hold and enjoy
    any office of honor, trust or profit under the United States:
    but the party convicted shall nevertheless be liable and subject
    to indictment, trial, judgment and punishment, according to law.

    _Sect._ 4. The times, places and manner of holding elections for
    senators and representatives, shall be prescribed in each state
    by the legislature thereof: but the Congress may at any time by
    law make or alter such regulations.

    The Congress shall assemble at least once in every year, and
    such meeting shall be on the first Monday in December, unless
    they shall by law appoint a different day.

    _Sect._ 5. Each house shall be the judge of the elections,
    returns and qualifications of its own members, and a majority of
    each shall constitute a quorum to do business: but a smaller
    number may adjourn from day to day, and may be authorized to
    compel the attendance of absent members, in such manner, and
    under such penalties as each house may provide.

    Each house may determine the rules of its proceedings; punish
    its members for disorderly behaviour, and, with the concurrence
    of two-thirds, expel a member.

    Each house shall keep a journal of its proceedings, and from
    time to time publish the same, excepting such parts as may in
    their judgment require secrecy; and the yeas and nays of the
    members of either house on any question shall, at the desire of
    one-fifth of those present, be entered on the journal.

    Neither house, during the session of Congress, shall, without
    the consent of the other, adjourn for more than three days, nor
    to any other place than that in which the two houses shall be
    sitting.

    _Sect._ 6. The senators and representatives shall receive a
    compensation for their services, to be ascertained by law, and
    paid out of the treasury of the United States. They shall in all
    cases, except treason, felony and breach of the peace, be
    privileged from arrest during their attendance at the session of
    their respective houses, and in going to and returning from the
    same; and for any speech or debate in either house, they shall
    not be questioned in any other place.

    No senator or representative shall, during the time for which he
    was elected, be appointed to any civil office under the
    authority of the United States, which shall have been created,
    or the emoluments whereof shall have been encreased during such
    time; and no person holding any office under the United States,
    shall be a member of either house during his continuance in
    office.

    _Sect._ 7. The enacting stile of the laws shall be, "Be it
    enacted by the senators and representatives in Congress
    assembled."

    All bills for raising revenue shall originate in the house of
    representatives: but the senate may propose or concur with
    amendments as on other bills.

    Every bill which shall have passed the house of representatives
    and the senate, shall, before it become a law, be presented to
    the president of the United States. If he approve he shall sign
    it, but if not he shall return it, with his objections to that
    house in which it shall have originated, who shall enter the
    objections at large on their journal, and proceed to reconsider
    it. If after such reconsideration two-thirds of that house shall
    agree to pass the bill, it shall be sent, together with the
    objections, to the other house, by which it shall likewise be
    reconsidered, and if approved by two-thirds of that house, it
    shall become a law. But in all such cases the votes of both
    houses shall be determined by yeas and nays, and the names of
    the persons voting for and against the bill shall be entered on
    the journal of each house respectively. If any bill shall not be
    returned by the President within ten days (Sundays excepted)
    after it shall have been presented to him, the same shall be a
    law, in like manner as if he had signed it, unless the Congress
    by their adjournment prevent its return, in which case it shall
    not be a law.

    Every order, resolution, or vote to which the concurrence of the
    Senate and House of Representatives may be necessary (except on
    a question of adjournment) shall be presented to the President
    of the United States; and before the same shall take effect,
    shall be approved by him, or, being disapproved by him, shall be
    repassed by[71] three-fourths[72] of the Senate and House of
    Representatives, according to the rules and limitations
    prescribed in the case of a bill.

        [71] In the entry of this Report in the printed Journal
            "two-thirds" are substituted for "three-fourths." This
            change was made after the Report was received.--Madison's
            Note. This is a mistake. The printed Journal has it
            "three fourths."

        [72] A marginal note says "two thirds."

    _Sect._ 8. The Congress may by joint ballot appoint a treasurer.
    They shall have power

    To lay and collect taxes, duties, imposts and excises; to pay
    the debts and provide for the common defence and general welfare
    of the United States.[73]

        [73] "but all duties imposts & excises shall be uniform
            throughout the U. States," interlined by Madison.

    To borrow money on the credit of the United States.

    To regulate commerce with foreign nations, among the several
    states, and with the Indian tribes.

    To establish an uniform rule of naturalization, and uniform laws
    on the subject of bankruptcies throughout the United States.

    To coin money, regulate the value thereof, and of foreign coin,
    and fix the standard of weights and measures.

    To provide for the punishment of counterfeiting the securities
    and current coin of the United States.

    To establish post offices and post roads.

    To promote the progress of science and useful arts, by securing
    for limited times to authors and inventors the exclusive right
    to their respective writings and discoveries.

    To constitute tribunals inferior to the supreme court.

    To define and punish piracies and felonies committed on the high
    seas, and[74] offences against the law of nations.

        [74] (punish) a typographical omission.--Madison's Note.

    To declare war, grant letters of marque and reprisal, and make
    rules concerning captures on land and water.

    To raise and support armies: but no appropriations of money to
    that use shall be for a longer term than two years.

    To provide and maintain a navy.

    To make rules for the government and regulation of the land and
    naval forces.

    To provide for calling forth the militia to execute the laws of
    the union, suppress insurrections and repel invasions.

    To provide for organizing, arming and disciplining the militia,
    and for governing such part of them as may be employed in the
    service of the United States, reserving to the States
    respectively, the appointment of the officers, and the authority
    of training the militia according to the discipline prescribed
    by Congress.

    To exercise exclusive legislation in all cases whatsoever, over
    such district (not exceeding ten miles square) as may, by
    cession of particular States, and the acceptance of Congress,
    become the seat of the government of the United States, and to
    exercise like authority over all places purchased by the consent
    of the legislature of the state in which the same shall be, for
    the erection of forts, magazines, arsenals, dock-yards, and
    other needful buildings--And

    To make all laws which shall be necessary and proper for
    carrying into execution the foregoing powers, and all other
    powers vested by this constitution in the government of the
    United States, or in any department or officer thereof.

    _Sect._ 9. The migration or importation of such persons as the
    several states now existing shall think proper to admit, shall
    not be prohibited by the Congress prior to the year one thousand
    eight hundred and eight, but a tax or duty may be imposed on
    such importation, not exceeding ten dollars for each person.

    The privilege of the writ of habeas corpus shall not be
    suspended, unless when in cases of rebellion or invasion the
    public safety may require it.

    No bill of attainder shall be passed, nor any ex post facto law.

    No capitation tax shall be laid, unless in proportion to the
    census herein before directed to be taken.[75]

        [75] "No preference shall be given by any regulation of
            commerce or revenue to the ports of one State over those
            of another--nor shall vessels bound to or from one State
            be obliged to enter, clear or pay duties in another,"
            interlined by Madison.

    No tax or duty shall be laid on articles exported from any
    State.

    No money shall be drawn from the treasury, but in consequence of
    appropriations made by law.

    No title of nobility shall be granted by the United States. And
    no person holding any office of profit or trust under them,
    shall, without the consent of the Congress, accept of any
    present, emolument, office, or title, of any kind whatever, from
    any king, prince, or foreign state.

    _Sect._ 10. No state shall coin money, nor emit bills of credit,
    nor make anything but gold or silver coin a tender in payment of
    debts, nor pass any bill of attainder, nor ex post facto laws,
    nor laws altering or impairing the obligation of contracts; nor
    grant letters of marque and reprisal, nor enter into any treaty,
    alliance, or confederation, nor grant any title of nobility.

    No state shall, without the consent of Congress, lay imposts or
    duties on imports or exports, nor with such consent, but to the
    use of the treasury of the United States.[76][77] Nor keep
    troops nor ships of war in time of peace, nor enter into any
    agreement or compact with another state, nor with any foreign
    power. Nor engage in any war, unless it shall be actually
    invaded by enemies, or the danger of invasion be so iminent, as
    not to admit of delay until the Congress can be consulted.

        [76] provided that no State shall be restrained from
            imposing the usual duties on produce exported from such
            State for the sole purpose of defraying the charges of
            inspecting packing storing & indemnifying the losses on
            such produce while in the custody of public officers.
            But all such regulations shall in case of abuse be
            subject to the revision & controul of Congress.--Marginal
            note by Madison.

        [77] "No State shall without the consent of Congress,"
            interlined by Madison.

                                  II.

    _Sect._ 1. The executive power shall be vested in a president of
    the United States of America. He shall hold his office during
    the term of four years, and, altogether with the vice-president,
    chosen for the same term, be elected in the following manner:

    Each State shall appoint, in such manner as the legislature
    thereof may direct, a number of electors, equal to the whole
    number of senators and representatives to which the state may be
    entitled in Congress: but no senator or representative shall be
    appointed an elector, nor any person holding an office of trust
    or profit under the United States.

    The electors shall meet in their respective states, and vote by
    ballot for two persons, of whom one at least shall not be an
    inhabitant of the same state with themselves. And they shall
    make a list of all the persons voted for, and of the number of
    votes for each; which list they shall sign and certify, and
    transmit sealed to the seat of the general government, directed
    to the president of the senate. The president of the senate
    shall in the presence of the senate and house of representatives
    open all the certificates, and the votes shall then be counted.
    The person having the greatest number of votes shall be the
    president, if such number be a majority of the whole number of
    electors appointed; and if there be more than one who have such
    majority, and have an equal number of votes, then the house of
    representatives shall immediately chuse by ballot one of them
    for president; and if no person have a majority, then from the
    five highest on the list the said house shall in like manner
    choose the president. But in choosing the president, the votes
    shall be taken by states and not per capita,[78] the
    representation from each state having one vote. A quorum for
    this purpose shall consist of a member or members from
    two-thirds of the states, and a majority of all the states shall
    be necessary to a choice. In every case, after the choice of the
    president by the representatives,[79] the person having the
    greatest number of votes of the electors shall be the
    vice-president. But if there should remain two or more who have
    equal votes, the senate shall choose from them by ballot the
    vice-president.

        [78] "and not per capita" struck out by Madison.

        [79] "by the representatives" struck out by Madison.

    The Congress may determine the time of chusing the electors, and
    the time in[80] which they shall give their votes; but the
    election shall be on the same day[81] throughout the United
    States.

        [80] The words "day on" substituted by Madison.

        [81] "but the election shall be on the same day" struck
            out & "which day shall be the same" inserted by Madison.

    No person except a natural born citizen, or a citizen of the
    United States, at the time of the adoption of this constitution,
    shall be eligible to the office of president; neither shall any
    person be eligible to that office who shall not have attained to
    the age of thirty-five years, and been fourteen years a resident
    within the United States.

    In case of the removal of the president from office, or of his
    death, resignation, or inability to discharge the powers and
    duties of the said office, the same shall devolve on the
    vice-president, and the Congress may by law provide for the case
    of removal, death, resignation or inability, both of the
    president and vice-president, declaring what officer shall then
    act as president, and such officer shall act accordingly, until
    the disability be removed, or the period for chusing another
    president arrive.[82]

        [82] "the period for chusing another president arrive" struck
            out and "a president be chosen" inserted by Madison.

    The president shall, at stated times, receive a fixed
    compensation for his services, which shall neither be encreased
    nor diminished during the period for which he shall have been
    elected.

    Before he enter on the execution of his office, he shall take
    the following oath or affirmation: "I ----, do solemnly swear
    (or affirm) that I will faithfully execute the office of
    president of the United States, and will to the best of my
    judgment and power, preserve, protect and defend the
    constitution of the United States."

    _Sect._ 2. The president shall be commander in chief of the army
    and navy of the United States, and of the militia of the several
    States: he may require the opinion, in writing, of the principal
    officer in each of the executive departments, upon any subject
    relating to the duties of their respective offices, when called
    into the actual service of the United States,[83] and he shall
    have power to grant reprieves and pardons for offences against
    the United States, except in cases of impeachment.

        [83] It so appears in the printed copy, but the clause "when
            called into the actual service of the United States" was
            intended to follow immediately after "militia of the
            several States."

    He shall have power, by and with the advice and consent of the
    senate, to make treaties, provided two-thirds of the senators
    present concur; and he shall nominate, and by and with the
    advice and consent of the senate, shall appoint ambassadors,
    other public ministers and consuls, judges of the supreme court,
    and all other officers of the United States, whose appointments
    are not herein otherwise provided for.

    The president shall have power to fill up all vacancies that may
    happen during the recess of the senate, by granting commissions
    which shall expire at the end of their next session.

    _Sect._ 3. He shall from time to time give to the Congress
    information of the state of the union, and recommend to their
    consideration such measures as he shall judge necessary and
    expedient: he may, on extraordinary occasions, convene both
    houses, or either of them, and in case of disagreement between
    them, with respect to the time of adjournment, he may adjourn
    them to such time as he shall think proper: he shall receive
    ambassadors and other public ministers: he shall take care that
    the laws be faithfully executed, and shall commission all the
    officers of the United States.

    _Sect._ 4. The president, vice-president and all civil officers
    of the United States, shall be removed from office on
    impeachment for, and conviction of treason, bribery, or other
    high crimes and misdemeanors.

                                  III.

    _Sect._ 1. The judicial power of the United States, both in law
    and equity, shall be vested in one supreme court, and in such
    inferior courts as the Congress may from time to time ordain and
    establish. The judges, both of the supreme and inferior courts,
    shall hold their offices during good behaviour, and shall, at
    stated times, receive for their services, a compensation, which
    shall not be diminished during their continuance in office.

    _Sect._ 2. The judicial power shall extend to all cases, both in
    law and equity, arising under this constitution, the laws of the
    United States, and treaties made, or which shall be made, under
    their authority. To all cases affecting ambassadors, other
    public ministers and consuls. To all cases of admiralty and
    maritime jurisdiction. To controversies to which the United
    States shall be a party. To controversies between two or more
    States; between a state and citizens of another state; between
    citizens of different States; between citizens of the same state
    claiming lands under grants of different States, and between a
    state, or the citizens thereof, and foreign States, citizens or
    subjects.

    In cases affecting ambassadors, other public ministers and
    consuls, and those in which a state shall be a party, the
    supreme court shall have original jurisdiction. In all the other
    cases before mentioned, the supreme court shall have appellate
    jurisdiction, both as to law and fact, with such exceptions, and
    under such regulations as the Congress shall make.

    The trial of all crimes, except in cases of impeachment, shall
    be by jury; and such trial shall be held in the state where the
    said crimes shall have been committed; but when not committed
    within any state, the trial shall be at such place or places as
    the Congress may by law have directed.

    _Sect._ 3. Treason against the United States, shall consist only
    in levying war against them, or in adhering to their enemies,
    giving them aid and comfort. No person shall be convicted of
    treason unless on the testimony of two witnesses to the same
    overt act, or on confession in open court.

    The Congress shall have power to declare the punishment of
    treason, but no attainder of treason shall work corruption of
    blood nor forfeiture, except during the life of the person
    attainted.

                                  IV.

    _Sect._ 1. Full faith and credit shall be given in each state to
    the public acts, records, and judicial proceedings of every
    other state. And the Congress may by general laws prescribe the
    manner in which such acts, records and proceedings shall be
    proved, and the effect thereof.

    _Sect._ 2. The citizens of each state shall be entitled to all
    privileges and immunities of citizens in the several states.

    A person charged in any state with treason, felony, or other
    crime, who shall flee from justice, and be found in another
    state, shall on demand of the executive authority of the state
    from which he fled be delivered up, and removed to the state
    having jurisdiction of the crime.

    No person legally held to service or labour in one state,
    escaping into another, shall in consequence of regulations
    subsisting therein be discharged from such service or labor, but
    shall be delivered up on claim of the party to whom such service
    or labour may be due.

    _Sect._ 3. New states may be admitted by the Congress into this
    union; but no new state shall be formed or erected within the
    jurisdiction of any other state; nor any state be formed by the
    junction of two or more states, or parts of states, without the
    consent of the legislatures of the states concerned as well as
    of the Congress.

    The Congress shall have power to dispose of and make all needful
    rules and regulations respecting the territory or other property
    belonging to the United States: and nothing in this Constitution
    shall be so construed as to prejudice any claims of the United
    States, or of any particular state.

    _Sect._ 4. The United States shall guarantee to every state in
    this union a Republican form of government, and shall protect
    each of them against invasion; and on application of the
    legislature or executive, against domestic violence.

                                   V.

    The Congress, whenever two-thirds of both houses shall deem
    necessary, or on the application of two-thirds[84] of the
    legislatures[85] of the several states, shall propose amendments
    to this constitution, which shall be valid to all intents and
    purposes, as part thereof, when the same shall have been
    ratified by three-fourths at least of[86] the legislatures[87]
    of the several states, or by conventions in three-fourths
    thereof, as the one or the other mode of ratification may be
    proposed by the Congress: Provided, that no amendment which may
    be made prior to the year 1808 shall in any manner affect the
    ----[88] and[89] ---- section[90] of[91] article.

        [84] "of two thirds" struck out by Madison.

        [85] "of two-thirds" inserted by Madison.

        [86] "three-fourths at least of" struck out by Madison.

        [87] "of three-fourths" inserted by Madison.

        [88] "1 & 4 clauses in the 9" inserted by Madison.

        [89] "and" struck out by Madison.

        [90] Changed to "sections" by Madison.

        [91] "the first" inserted by Madison.

                                  VI.

    All debts contracted and engagements entered into before the
    adoption of this Constitution shall be as valid against the
    United States under this Constitution as under the
    confederation.

    This constitution, and the laws of the United States which shall
    be made in pursuance thereof; and all treaties made, or which
    shall be made, under the authority of the United States, shall
    be the supreme law of the land; and the judges in every state
    shall be bound thereby, any thing in the constitution or laws of
    any state to the contrary notwithstanding.

    The senators and representatives beforementioned, and the
    members of the several state legislatures, and all executive and
    judicial officers, both of the United States and of the several
    States, shall be bound by oath or affirmation, to support this
    constitution; but no religious test shall ever be required as a
    qualification to any office or public trust under the United
    States.

                                  VII.

    The ratification of the conventions of nine States, shall be
    sufficient for the establishment of this constitution between
    the States so ratifying the same.

                              LETTER.[92]

    [92] The draft of the letter accompanied the draft of the
        Constitution, but was not printed with it. The Journal
        says (Sept. 12): "The draft of a letter to Congress
        being at the same time reported, was read once
        throughout; and afterwards agreed to by paragraphs."
        (_Const. MSS. and Journal_, p. 367.) The draft is in the
        handwriting of Gouverneur Morris and was undoubtedly
        prepared by him. It was turned over to Washington by
        Jackson with the other papers of the convention. The
        draft of the Constitution must have been among those
        papers he destroyed. Probably it too was written by
        Morris. The letter having been accepted September 12,
        was printed with the final Constitution September 17. It
        does not appear to have caused debate.

    We have now the Honor to submit to the Consideration of the
    United States in Congress assembled that Constitution which has
    appeared to us the most advisable.

    The Friends of our Country have long seen and desired that the
    Power of making War Peace and Treaties, that of levying Money &
    regulating Commerce and the correspondent executive and judicial
    Authorities should be fully and effectually vested in the
    general Government of the Union. But the Impropriety of
    delegating such extensive Trust to one Body of Men is evident.
    Hence results the Necessity of a different organization.

    It is obviously impracticable in the foederal Government of
    these States to secure all Rights of independent Sovereignty to
    each and yet provide for the Interest and Safety of all.
    Individuals entering into Society must give up a Share of
    Liberty to preserve the Rest. The Magnitude of the Sacrifice
    must depend as well on Situation and Circumstances as on the
    Object to be obtained. It is at all times difficult to draw with
    Precision the Line between those Rights which must be
    surrendered and those which may be reserved. And on the present
    Occasion this Difficulty was increased by a Difference among the
    several States as to their Situation Extent Habits and
    particular Interests.

    In all our Deliberations on this Subject we kept steadily in our
    View that which appears to us the greatest Interest of every
    true American The Consolidation of our Union in which is
    involved our Prosperity Felicity Safety perhaps our national
    Existence. This important Consideration seriously and deeply
    impressed on our Minds led each State in the Convention to be
    less rigid in Points of inferior Magnitude than might have been
    otherwise expected. And thus the Constitution which we now
    present is the Result of a Spirit of Amity and of that mutual
    Deference & Concession which the Peculiarity of our political
    Situation rendered indispensable.

    That it will meet the full and entire approbation of every State
    is not perhaps to be expected. But each will doubtless consider
    that had her Interests been alone consulted the Consequences
    might have been particularly disagreable or injurious to others.
    That it is liable to as few Exceptions as could reasonably have
    been expected we hope and believe. That it may promote the
    lasting Welfare of that Country so dear to us all and secure her
    Freedom and Happiness is our most ardent Wish--

M^r Williamson moved to reconsider the clause requiring three fourths of
each House to overrule the negative of the President, in order to strike
out 3/4 and insert 2/3. He had he remarked himself proposed 3/4 instead
of 2/3, but he had since been convinced that the latter proportion was
the best. The former puts too much in the power of the President.

M^r Sherman was of the same opinion; adding that the States would not
like to see so small a minority and the President, prevailing over the
general voice. In making laws regard should be had to the sense of the
people, who are to be bound by them, and it was more probable that a
single man should mistake or betray this sense than the Legislature.

M^r Gov^r Morris. Considering the difference between the two proportions
numerically, it amounts in one House to two members only; and in the
others to not more than five; according to the numbers of which the
Legislature is at first to be composed. It is the interest moreover of
the distant States to prefer 3/4 as they will be oftenest absent and
need the interposing check of the President. The excess rather than the
deficiency, of laws was to be dreaded. The example of N. York shews that
2/3 is not sufficient to answer the purpose.

M^r Hamilton added his testimony to the fact that 2/3 in N. York had
been ineffectual either where a popular object, or a legislative faction
operated; of which he mentioned some instances.

M^r Gerry. It is necessary to consider the danger on the other side
also. 2/3 will be a considerable, perhaps a proper security. 3/4 puts
too much in the power of a few men. The primary object of the
revisionary check in the President is not to protect the general
interest, but to defend his own department. If 3/4 be required, a few
Senators having hopes from the nomination of the President to offices,
will combine with him and impede proper laws. Making the vice-President
Speaker increases the danger.

M^r Williamson was less afraid of too few than of too many laws. He was
most of all afraid that the repeal of bad laws might be rendered too
difficult by requiring 3/4 to overcome the dissent of the President.

Col: Mason had always considered this as one of the most exceptionable
parts of the System. As to the numerical argument of M^r Gov^r Morris,
little arithmetic was necessary to understand that 3/4 was more than
2/3, whatever the numbers of the Legislature might be. The example of
New York depended on the real merits of the laws. The Gentlemen citing
it, had no doubt given their own opinions. But perhaps there were others
of opposite opinions who could equally paint the abuses on the other
side. His leading view was to guard against too great an impediment to
the repeal of laws.

M^r Gov^r Morris dwelt on the danger to the public interest from the
instability of laws, as the most to be guarded against. On the other
side there could be little danger. If one man in office will not consent
where he ought, every fourth year another can be substituted. This term
was not too long for fair experiments. Many good laws are not tried long
enough to prove their merit. This is often the case with new laws
opposed to old habits. The Inspection laws of Virginia & Maryland to
which all are now so much attached were unpopular at first.

M^r Pinkney was warmly in opposition to 3/4 as putting a dangerous power
in the hands of a few Senators headed by the President.

M^r Madison. When 3/4 was agreed to, the President was to be elected by
the legislature and for seven years. He is now to be elected by the
people and for four years. The object of the revisionary power is two
fold. 1. to defend the Executive rights 2. to prevent popular or
factious injustice. It was an important principle in this & in the State
Constitutions to check legislative injustice and encroachments. The
Experience of the States had demonstrated that their checks are
insufficient. We must compare the danger from the weakness of 2/3 with
the danger from the strength of 3/4. He thought on the whole the former
was the greater. As to the difficulty of repeals it was probable that in
doubtful cases the policy would soon take place of limiting the duration
of laws so as to require renewal instead of repeal.

The reconsideration being agreed to. On the question to insert 2/3 in
place of 3/4.

    N. H. div^d. Mas. no. C^t ay. N. J. ay. P^a no. Del. no. M^d ay.
    M^r McHenry no. V^a no. Gen^l Washington M^r Blair, M^r Madison
    no. Col. Mason, M^r Randolph ay. N. C. ay. S. C. ay. Geo. ay.

M^r Williamson, observed to the House that no provision was yet made for
juries in Civil cases and suggested the necessity of it.

M^r Gorham. It is not possible to discriminate equity cases from those
in which juries are proper. The Representatives of the people may be
safely trusted in this matter.

M^r Gerry urged the necessity of Juries to guard ag^{st} corrupt Judges.
He proposed that the Committee last appointed should be directed to
provide a clause for securing the trial by Juries.

Col: Mason perceived the difficulty mentioned by M^r Gorham. The jury
cases cannot be specified. A general principle laid down on this and
some other points would be sufficient. He wished the plan had been
prefaced with a Bill of Rights, & would second a Motion if made for the
purpose. It would give great quiet to the people; and with the aid of
the State declarations, a bill might be prepared in a few hours.

M^r Gerry concurred in the idea & moved for a Committee to prepare a
Bill of Rights. Col: Mason 2^{ded} the motion.

M^r Sherman, was for securing the rights of the people where requisite.
The State Declarations of Rights are not repealed by this Constitution;
and being in force are sufficient. There are many cases where juries are
proper which cannot be discriminated. The Legislature may be safely
trusted.

Col: Mason. The laws of the U. S. are to be paramount to State Bills of
Rights. On the question for a Com^e to prepare a Bill of Rights

    N. H. no. Mas. abs^t. C^t no. N. J. no. P^a no. Del. no. M^d no.
    V^a no. N. C. no. S. C. no. Geo. no.

The Clause relating to exports being reconsidered, at the instance of
Col: Mason, who urged that the restriction on the States would prevent
the incidental duties necessary for the inspection & safekeeping of
their produce, and be ruinous to the Staple States, as he called the
five Southern States, he moved as follows--"provided nothing herein
contained shall be construed to restrain any State from laying duties
upon exports for the sole purpose of defraying the charges of
inspecting, packing, storing and indemnifying the losses in keeping the
commodities in the care of public officers, before exportation." In
answer to a remark which he anticipated, to wit, that the States could
provide for these expences, by a tax in some other way, he stated the
inconveniency of requiring the Planters to pay a tax before the actual
delivery for exportation.

M^r Madison 2^{ded} the motion. It would at least be harmless; and might
have the good effect of restraining the States to bona fide duties for
the purpose, as well as of authorizing explicitly such duties; tho'
perhaps the best guard against an abuse of the power of the States on
this subject, was the right in the Gen^l Government to regulate trade
between State & State.

M^r Gov^r Morris saw no objection to the motion. He did not consider the
dollar per Hhd laid on Tob^o in Virg^a as a duty on exportation, as no
drawback would be allowed on Tob^o taken out of the Warehouse for
internal consumption.

M^r Dayton was afraid the proviso w^d enable Pennsylv^a to tax N. Jersey
under the idea of Inspection duties of which Pen^a would Judge.

M^r Gorham & M^r Langdon, thought there would be no security if the
proviso sh^d be agreed to, for the States exporting thro' other States,
ag^{st} these oppressions of the latter. How was redress to be obtained
in case duties should be laid beyond the purpose expressed?

M^r Madison. There will be the same security as in other cases. The
jurisdiction of the supreme Court must be the source of redress. So far
only had provision been made by the plan ag^{st} injurious acts of the
States. His own opinion was, that this was sufficient. A negative on the
State laws alone could meet all the shapes which these could assume. But
this had been overruled.

M^r Fitzimmons. Incidental duties on Tob^o & flour never have been &
never can be considered as duties on exports.

M^r Dickinson. Nothing will save the States in the situation of N.
Hampshire N. Jersey Delaware &c. from being oppressed by their
neighbors, but requiring the assent of Cong^s to inspection duties. He
moved that this assent sh^d accordingly be required.

M^r Butler 2^{ded} the motion.

                               Adjourned.

                 THURSDAY SEP^R 13. 1787. IN CONVENTION

Col. Mason.[93] He had moved without success for a power to make
sumptuary regulations. He had not yet lost sight of his object. After
descanting on the extravagance of our manners, the excessive consumption
of foreign superfluities, and the necessity of restricting it, as well
with oeconomical as republican views, he moved that a Committee be
appointed to report articles of association for encouraging by the
advice the influence and the example of the members of the Convention,
oeconomy frugality and american manufactures.

    [93] The dissensions among the Virginia delegates had leaked
        out, for Joseph Jones, Fredericksburg, September 13, 1787,
        wrote to Madison that a rumor of their disagreement was
        current in Virginia.--Chicago Historical Society MSS.

Doc^r Johnson 2^{ded} the motion which was without debate agreed to,
nem: con: and a Committee appointed, consisting of Col: Mason, Doc^r
Franklin, M^r Dickenson, Doc^r Johnson and M^r Livingston.[94]

    [94] This motion, & appointment of the Co[~m]ittee, not in the
        printed Journal. No report was made by the Com^e--Madison's
        Note.

Col: Mason renewed his proposition of yesterday on the subject of
inspection laws, with an additional clause giving to Congress a controul
over them in case of abuse--as follows:

    "Provided that no State shall be restrained from imposing the
    usual duties on produce exported from such State, for the sole
    purpose of defraying the charges of inspecting, packing,
    storing, and indemnifying the losses on such produce, while in
    the custody of public officers: but all such regulations shall
    in case of abuse, be subject to the revision and controul of
    Congress."

There was no debate & on the question

    N. H. ay. Mas. ay. C^t ay. P^a no. Del. no. M^d ay. V^a ay. N.
    C. ay. S. C. no. Geo. ay.

The Report from the committee of stile & arrangement, was taken up, in
order to be compared with the articles of the plan as agreed to by the
House & referred to the Committee, and to receive the final corrections
and sanction of the Convention.

Art: 1, sect. 2. On motion of M^r Randolph the word "servitude" was
struck out, and "service" unanimously[95] inserted, the former being
thought to express the condition of slaves, & the latter the obligations
of free persons.

    [95] See page 372 of the printed Journal.--Madison's Note.

M^r Dickenson & M^r Wilson moved to strike out, "and direct taxes," from
sect. 2, art. 1, as improperly placed in a clause relating merely to the
Constitution of the House of Representatives.

M^r Gov^r Morris. The insertion here was in consequence of what had
passed on this point; in order to exclude the appearance of counting the
negroes in _the Representation_. The including of them may now be
referred to the object of direct taxes, and incidentally only to that of
Representation.

On the motion to strike out "and direct taxes" from this place

    N. H. no. Mas. no. C^t no. N. J. ay. P^a no. Del. ay. M^d ay.
    V^a no. N. C. no. S. C. no. Geo. no.

Art. 1, sect. 7.--"if any bill shall not be returned by the president
within ten days (sundays excepted) after it shall have been presented to
him &c."

M^r Madison moved to insert between "after" and "it" in sect. 7, Art. 1
the words "the day on which," in order to prevent a question whether the
day on which the bill be presented ought to be counted or not as one of
the ten days.

M^r Randolph 2^{ded} the motion.

M^r Governe^r Morris. The amendment is unnecessary. The law knows no
fractions of days.

A number of members being very impatient & calling for the question

    N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d ay.
    V^a ay. N. C. no. S. C. no. Geo. no.--

Doc^r Johnson made a further report from the Committee of stile &c. of
the following resolutions to be substituted for 22 & 23 articles.

    "Resolved that the preceding Constitution be laid before the U.
    States in Congress assembled, and that it is the opinion of this
    Convention, that it should afterwards be submitted to a
    Convention of Delegates chosen in each State by the people
    thereof, under the recommendation of its Legislature, for their
    assent & ratification; & that each Convention assenting &
    ratifying the same should give notice thereof to the U. S. in
    Cong^s assembled.

    "Resolved that it is the opinion of this Convention that as soon
    as the Conventions of nine States, shall have ratified this
    Constitution, the U. S. in Cong^s assembled should fix a day on
    which electors should be appointed by the States which shall
    have ratified the same; and a day on which the Electors should
    assemble to vote for the President; and the time and place for
    commencing proceedings under this Constitution--That after such
    publication the Electors should be appointed, and the Senators
    and Representatives elected: That the Electors should meet on
    the day fixed for the election of the President, and should
    transmit their votes certified signed, sealed and directed, as
    the Constitution requires, to the Secretary of the U. States in
    Cong^s assembled: that the Senators and Representatives should
    convene at the time & place assigned: that the Senators should
    appoint a President for the sole purpose of receiving, opening,
    and counting the votes for President, and that after he shall be
    chosen, the Congress, together with the President should without
    delay proceed to execute this Constitution."

                               Adjourned.

               FRIDAY SEP^R 14^{TH}. 1787. IN CONVENTION

The Report of the Committee of stile & arrangement being resumed,

M^r Williamson moved to reconsider in order to increase the number of
Representatives fixed for the first Legislature. His purpose was to make
an addition of one half generally to the number allotted to the
respective States; and to allow two to the smallest States.

On this motion

    N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay.
    V^a ay. N. C. ay. S. C. no. Geo. no.

Art. I. sect. 3. the words "by lot"[96] were struck out nem: con: on
motion of M^r Madison, that some rule might prevail in the rotation that
would prevent both the members from the same State from going out at the
same time.

    [96] "By lot" had been reinstated from the Report of five Aug.
        6. as a correction of the printed report by the Com^e of
        stile & arrangement.--Madison's Note.

"Ex officio" struck out of the same section as superfluous; nem: con;
and "or affirmation" after "oath" inserted also unanimously.

M^r Rutlidge and M^r Gov^r Morris moved "that persons impeached be
suspended from their office until they be tried and acquitted."

M^r Madison. The President is made too dependent already on the
Legislature by the power of one branch to try him in consequence of an
impeachment by the other. This intermediate suspension, will put him in
the power of one branch only. They can at any moment, in order to make
way for the functions of another who will be more favorable to their
views, vote a temporary removal of the existing magistrate.

M^r King concurred in the opposition to the amendment.

On the question to agree to it

    N. H. no. Mas. no. C^t ay. N. J. no. P^a no. Del.no. M^d no. V^a
    no. N. C. no. S. C. ay. Geo. ay.

Art. I. sect. 4. "except as to the places of choosing Senators" was
added nem: con: to the end of the first clause, in order to exempt the
seats of Gov^t in the States from the power of Congress.

Art. I. Sect. 5. "Each House shall keep a Journal of its proceedings,
and from time to time publish the same, excepting such parts as may in
their judgment require secrecy."

Col: Mason & M^r Gerry moved to insert after the word "parts," the words
"of the proceedings of the Senate" so as to require publication of all
the proceedings of the House of Representatives.

It was intimated on the other side that cases might arise where secrecy
might be necessary in both Houses. Measures preparatory to a declaration
of war in which the House of Rep^s was to concur, were instanced.

On the question, it passed in the negative.

    N. H. no. (Rh. I. abs.) Mas. no. Con: no,(N. Y. abs.) N. J. no.
    Pen. ay. Del. no. Mary. ay. Virg. no. N. C. ay. S. C. div^d.
    Geor. no.

M^r Baldwin observed that the clause, Art. I. Sect. 6. declaring that no
member of Cong^s "during the time for which he was elected, shall be
appointed to any Civil office under the authority of the U. S. which
shall have been created, or the emoluments whereof shall have been
increased during such time," would not extend to offices _created by the
Constitution_; and the salaries of which would be created, _not
increased_ by Cong^s at their first session. The members of the first
Cong^s consequently might evade the disqualification in this
instance.--He was neither seconded nor opposed; nor did any thing
further pass on the subject.

Art. I. Sect. 8. The Congress "may by joint ballot appoint a Treasurer"

M^r Rutlidge moved to strike out this power, and let the Treasurer be
appointed in the same manner with other officers.

M^r Gorham & M^r King said that the motion, if agreed to, would have a
mischievous tendency. The people are accustomed & attached to that mode
of appointing Treasurers, and the innovation will multiply objections to
the system.

M^r Gov^r Morris remarked that if the Treasurer be not appointed by the
Legislature, he will be more narrowly watched, and more readily
impeached.

M^r Sherman. As the two Houses appropriate money, it is best for them to
appoint the officer who is to keep it; and to appoint him as they make
the appropriation, not by joint but several votes.

Gen^l Pinkney. The Treasurer is appointed by joint ballot in South
Carolina. The consequence is that bad appointments are made, and the
Legislature will not listen to the faults of their own officer.

On the motion to strike out

    N. H. ay. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay.
    V^a no. N. C. ay. S. C. ay. Geo. ay.

Art I sect. 8. "but all such duties imposts & excises, shall be uniform
throughout the U. S." were unanimously annexed to the power of taxation.

To define & punish piracies and felonies on the high seas, and "punish"
offences against the law of nations.

M^r Gov^r Morris moved to strike out "punish" before the words "offences
ag^{st} the law of nations," so as to let these be _definable_ as well
as punishable, by virtue of the preceding member of the sentence.

M^r Wilson hoped the alteration would by no means be made. To pretend to
_define_ the law of nations which depended on the authority of all the
civilized nations of the world, would have a look of arrogance, that
would make us ridiculous.

M^r Gov^r Morris. The word _define_ is proper when applied to _offences_
in this case; the law of nations being often too vague and deficient to
be a rule.

On the question to strike out the word "punish" it passed in the
affirmative

    N. H. ay. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d no.
    V^a no. N. C. ay. S. C. ay. Geo. no.

Doc^r Franklin moved[97] to add after the words "post roads" Art. I.
Sect. 8. "a power to provide for cutting canals where deemed necessary."

    [97] This motion by D^r Franklin not stated in the printed
        Journal, as are some other motions.--Madison's Note.

Wilson 2^{ded} the motion.

M^r Sherman objected. The expence in such cases will fall on the U.
States, and the benefit accrue to the places where the canals may be
cut.

M^r Wilson. Instead of being an expence to the U. S. they may be made a
source of revenue.

M^r Madison suggested an enlargement of the motion into a power "to
grant charters of incorporation where the interest of the U. S. might
require & the legislative provisions of individual States may be
incompetent." His primary object was however to secure an easy
communication between the States which the free intercourse now to be
opened, seemed to call for. The political obstacles being removed, a
removal of the natural ones as far as possible ought to follow. M^r
Randolph 2^{ded} the proposition.

M^r King thought the power unnecessary.

M^r Wilson. It is necessary to prevent _a State_ from obstructing the
_general_ welfare.

M^r King. The States will be prejudiced and divided into parties by it.
In Philad^a & New York. It will be referred to the establishment of a
Bank, which has been a subject of contention in those Cities. In other
places it will be referred to mercantile monopolies.

M^r Wilson mentioned the importance of facilitating by canals, the
communication with the Western settlements. As to Banks he did not think
with M^r King that the power in that point of view would excite the
prejudices & parties apprehended. As to mercantile monopolies they are
already included in the power to regulate trade.

Col: Mason was for limiting the power to the single case of Canals. He
was afraid of monopolies of every sort, which he did not think were by
any means already implied by the Constitution as supposed by M^r Wilson.

The motion being so modified as to admit a distinct question specifying
& limited to the case of canals,

    N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d no.
    V^a ay. N. C. no. S. C. no. Geo. ay.

The other part fell of course, as including the power rejected.

M^r Madison & M^r Pinkney then moved to insert in the list of powers
vested in Congress a power--"to establish an University, in which no
preferences or distinctions should be allowed on account of Religion."

M^r Wilson supported the motion.

M^r Gov^r Morris. It is not necessary. The exclusive power at the Seat
of Government, will reach the object.

On the question

    N. H. no. Mas. no. Con^t div^d. D^r Johnson ay. M^r Sherman no.
    N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay.
    Geo. no.

Col: Mason, being sensible that an absolute prohibition of standing
armies in time of peace might be unsafe, and wishing at the same time to
insert something pointing out and guarding against the danger of them,
moved to preface the clause (Art. 1 sect. 8) "To provide for organizing,
arming and disciplining the militia &c." with the words "And that the
liberties of the people may be better secured against the danger of
standing armies in time of peace." M^r Randolph 2^{ded} the motion.

M^r Madison was in favor of it. It did not restrain Congress from
establishing a military force in time of peace if found necessary; and
as armies in time of peace are allowed on all hands to be an evil, it is
well to discountenance them by the Constitution, as far as will consist
with the essential power of the Gov^t on that head.

M^r Gov^r Morris opposed the motion as setting a dishonorable mark of
distinction on the military class of Citizens.

M^r Pinkney & M^r Bedford concurred in the opposition.

On the question

    N. H. no. Mas. no. C^t no. N. J. no. P^a no. Mar^d no. V^a ay.
    N. C. no. S. C. no. Geo. ay.

Col: Mason moved to strike out from the clause (art. 1 sect 9.) "no bill
of attainder nor any ex post facto law shall be passed" the words "nor
any ex post facto law." He thought it not sufficiently clear that the
prohibition meant by this phrase was limited to cases of a criminal
nature, and no Legislature ever did or can altogether avoid them in
Civil cases.

M^r Gerry 2^{ded} the motion but with a view to extend the prohibition
to "civil cases," which he thought ought to be done.

On the question; all the States were--no.

M^r Pinkney & M^r Gerry, moved to insert a declaration "that the liberty
of the Press should be inviolably observed."

M^r Sherman. It is unnecessary. The power of Congress does not extend to
the Press. On the question, it passed in the negative

    N. H.[98] no. Mas. ay. C^t no. N. J. no. P^a no. Del. no.
    M^d ay. V^a ay. N. C. no. S. C. ay. Geo. no.

        [98] In the printed Journal N. Hampshire ay.--Madison's
            Note.

Art 1. Sect. 9. "no capitation tax shall be laid, unless &c."

M^r Read moved to insert after "capitation" the words, "or other direct
tax." He was afraid that some liberty might otherwise be taken to saddle
the States, with a readjustment by this rule, of past requisitions of
Cong^s--and that his amendment by giving another cast to the meaning
would take away the pretext. M^r Williamson 2^{ded} the motion which was
agreed to. On motion of Col: Mason "or enumeration" inserted after, as
explanatory of "Census" Con. & S. C. only, no.[99]

    [99] The words "Con. & S. C. only no" are in the handwriting of
        John C. Payne, Madison's brother-in-law.

At the end of the clause "no tax or duty shall be laid on articles
exported from any State" was added the following amendment conformably
to a vote on the [31] of [August] viz--no preference shall be given by
any regulation of commerce or revenue to the ports of one State over
those of another: nor shall vessels bound to or from one State, be
obliged to enter, clear or pay duties in another.

Col. Mason moved a clause requiring "that an Account of the public
expenditures should be annually published" M^r Gerry 2^{ded} the motion,

M^r Gov^r Morris urged that this w^d be impossible in many cases.

M^r King remarked, that the term expenditures went to every minute
shilling. This would be impracticable. Cong^s might indeed make a
monthly publication, but it would be in such general statements as would
afford no satisfactory information.

M^r Madison proposed to strike out "annually" from the motion & insert
"from time to time," which would enjoin the duty of frequent
publications and leave enough to the discretion of the Legislature.
Require too much and the difficulty will beget a habit of doing nothing.
The articles of Confederation require halfyearly publications on this
subject. A punctual compliance being often impossible, the practice has
ceased altogether.

M^r Wilson 2^{ded}. & supported the motion. Many operations of finance
cannot be properly published at certain times.

M^r Pinkney was in favor of the motion.

M^r Fitzimmons. It is absolutely impossible to publish expenditures in
the full extent of the term.

M^r Sherman thought "from time to time" the best rule to be given.

"Annual" was struck out--& those words--inserted nem: con:

The motion of Col: Mason so amended was then agreed to nem: con: and
added after--"appropriations by law" as follows--"And a regular
statement and account of the receipts & expenditures of all public money
shall be published from time to time."

The first clause of Art. 1 Sect. 10--was altered so as to read--"no
State shall enter into any Treaty alliance or confederation; grant
letters of marque and reprisal; coin money; emit bills of credit; make
any thing but gold & silver coin a tender in payment of debts; pass any
bill of attainder, ex post facto law, or law impairing the obligation of
contracts, or grant any title of nobility."

M^r Gerry entered into observations inculcating the importance of public
faith, and the propriety of the restraint put on the States from
impairing the obligation of contracts, alledging that Congress ought to
be laid under the like prohibitions, he made a motion to that effect. He
was not 2^{ded}.

                                 Adjourned.

              SATURDAY SEP^R 15^{TH}. 1787. IN CONVENTION

M^r Carrol reminded the House that no address to the people had yet been
prepared. He considered it of great importance that such an one should
accompany the Constitution. The people had been accustomed to such on
great occasions, and would expect it on this. He moved that a Committee
be appointed for the special purpose of preparing an address.

M^r Rutlidge objected on account of the delay it would produce and the
impropriety of addressing the people before it was known whether
Congress would approve and support the plan. Congress if an address be
thought proper can prepare as good a one. The members of the Convention
can also explain the reasons of what has been done to their respective
Constituents.

M^r Sherman concurred in the opinion that an address was both
unnecessary and improper.

On the motion of M^r Carrol

    N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay.
    V^a ay. N. C.[100] abs^t. S. C.[100] no. Geo. no.

        [100] In the printed Journal N. Carolina no--S. Carol:
            omitted.--Madison's Note.

M^r Langdon. Some gentlemen have been very uneasy that no increase of
the number of Representatives has been admitted. It has in particular
been thought that one more ought to be allowed to N. Carolina. He was of
opinion that an additional one was due both to that State and to Rho:
Island, & moved to reconsider for that purpose.

M^r Sherman. When the Committee of eleven reported the
apportionment--five Representatives were thought the proper share of N.
Carolina. Subsequent information however seemed to entitle that State to
another.

On the motion to reconsider

    N. H. ay. Mas. no. C^t ay. N. J. no. Pen. div^d. Del. ay.
    M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Langdon moved to add 1 member to each of the Representations of N.
Carolina & Rho: Island.[101]

    [101] The MS. official Journal says: "It was moved and seconded
        to"----and here finally ends, and the minutes for September
        15 are crossed out (Const. MSS.). They are given in the
        printed Journal, and a note says the journal for that day
        and Monday was completed from minutes furnished by Madison
        (p. 379). October 22, 1818, Adams wrote to Madison asking
        him to complete the Journal. He replied from Montpelier,
        November 2:

        "I have received your letter of 22 ult: and enclose such
        extracts from my notes relating to the two last days of the
        Constitution, as may fill in the chasm in the Journals,
        according to the mode in which the proceedings are
        recorded."--State Dept. MSS., Miscl. Letters.

        Later (June 18, 1819) Adams sent him lists of yeas and nays,
        and he replied (Montpelier, June 27, 1819): "I return the
        list of yeas & nays in the Convention, with the blanks
        filled in according to your request, as far as I could do it
        by tracing the order of the yeas & nays & their coincidency
        with those belonging to successive questions in my
        papers."--Mad. MSS.

M^r King was ag^{st} any change whatever as opening the door for delays.
There had been no official

proof that the numbers of N. C. are greater than before estimated, and
he never could sign the Constitution if Rho: Island is to be allowed two
members that is one fourth of the number allowed to Massts., which will
be known to be unjust.

M^r Pinkney urged the propriety of increasing the number of Rep^s
allotted to N. Carolina.

M^r Bedford contended for an increase in favor of Rho: Island, and of
Delaware also it passed in the negative.

On the question for allowing two Rep^s to Rho: Island, it passed in the
negative.

    N. H. ay. Mas. no. C^t no. N. J. no. P^a no. Del. ay. M^d ay.
    V^a no. N. C. ay. S. C. no. Geo. ay.

On the question for allowing six to N. Carolina, it passed in the
negative

    N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay.
    V^a ay. N. C. ay. S. C. ay. Geo. ay.

Art 1. Sect. 10. (paragraph 2) "No State shall, without the consent of
Congress lay imposts or duties on imports or exports; nor with such
consent, but to the use of the Treasury of the U. States."

In consequence of the proviso moved by Col: Mason; and agreed to on the
13 Sep^r, this part of the section was laid aside in favor of the
following substitute viz: "No State shall, without the consent of
Congress, lay any imposts or duties on imports or exports, except what
may be absolutely necessary for executing its Inspection laws; and the
nett produce of all duties and imposts, laid by any State on imports or
exports, shall be for the use of the Treasury of the U. S.; and all such
laws shall be subject to the revision and controul of the Congress"

On a motion to strike out the last part "and all such laws shall be
subject to the revision and controul of the Congress" it passed in the
negative.

    N. H. no. Mas. no. C^t no. N. J. no. P^a div^d. Del. no. M^d no.
    V^a ay. N. C. ay. S. C. no. Geo. ay.

The substitute was then agreed to; Virg^a alone being in the negative.

The remainder of the paragraph being under consideration--viz--"nor keep
troops nor ships of war in time of peace, nor enter into any agreement
or compact with another State, nor with any foreign power. Nor engage in
any war, unless it shall be actually invaded by enemies, or the danger
of invasion be so imminent as not to admit of delay, until Congress can
be consulted."

M^r M^cHenry & M^r Carrol moved that "no State shall be restrained from
laying duties of tonnage for the purpose of clearing harbours and
erecting lighthouses."

Col. Mason in support of this explained and urged the situation of the
Chesapeak which peculiarly required expences of this sort.

M^r Gov^r Morris. The States are not restrained from laying tonnage as
the Constitution now stands. The exception proposed will imply the
contrary, and will put the States in a worse condition than the
gentleman (Col. Mason) wishes.

M^r Madison. Whether the States are now restrained from laying tonnage
duties, depends on the extent of the power "to regulate commerce." These
terms are vague, but seem to exclude this power of the States. They may
certainly be restrained by Treaty. He observed that there were other
objects for tonnage Duties as the support of seamen &c. He was more &
more convinced that the regulation of Commerce was in its nature
indivisible and ought to be wholly under one authority.

M^r Sherman. The power of the U. States to regulate trade being supreme
can controul interferences of the State regulations when such
interferences happen; so that there is no danger to be apprehended from
a concurrent jurisdiction.

M^r Langdon insisted that the regulation of tonnage was an essential
part of the regulation of trade, and that the States ought to have
nothing to do with it. On motion "that no State shall lay any duty on
tonnage without the consent of Congress."

    N. H. ay. Mas. ay. C^t div^d. N. J. ay. P^a no. Del. ay. M^d ay.
    V^a no. N. C. no. S. C. ay. Geo. no.

The remainder of the paragraph was then remoulded and passed as follows
viz--"No State shall without the consent of Congress, lay any duty of
tonnage, keep troops or ships of war in time of peace, enter into any
agreement or compact with another State, or with a foreign power, or
engage in war, unless actually invaded, or in such imminent danger as
will not admit of delay."

Art II. sect. 1. (paragraph 6) "or the period for chusing another
president arrive" were changed into "or a President shall be elected"
conformably to a vote of the ---- of ----.

M^r Rutlidge and Doc^r Franklin moved to annex to the end of paragraph
7. Sect. 1. Art II--"and he (the President) shall not receive, within
that period, any other emolument from the U. S. or any of them." on
which question

    N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. Del. no. M^d ay.
    V^a ay. N. C. no. S. C. ay. Geo.--ay.

Art: II. Sect. 2. "he shall have power to grant reprieves and pardons
for offences against the U. S. &c."

M^r Randolph moved to except "cases of treason." The prerogative of
pardon in these cases was too great a trust. The President may himself
be guilty. The Traitors may be his own instruments.

Col: Mason supported the motion.

M^r Gov^r Morris had rather there should be no pardon for treason, than
let the power devolve on the Legislature.

M^r Wilson. Pardon is necessary for cases of treason, and is best placed
in the hands of the Executive. If he be himself a party to the guilt he
can be impeached and prosecuted.

M^r King thought it would be inconsistent with the Constitutional
separation of the Executive & Legislative powers to let the prerogative
be exercised by the latter. A Legislative body is utterly unfit for the
purpose. They are governed too much by the passions of the moment. In
Massachusetts, one assembly would have hung all the insurgents in that
State: the next was equally disposed to pardon them all. He suggested
the expedient of requiring the concurrence of the Senate in acts of
Pardon.

M^r Madison admitted the force of objections to the Legislature, but the
pardon of treasons was so peculiarly improper for the President that he
should acquiesce in the transfer of it to the former, rather than leave
it altogether in the hands of the latter. He would prefer to either an
association of the Senate as a Council of advice, with the President.

M^r Randolph could not admit the Senate into a share of the power. The
great danger to liberty lay in a combination between the President &
that body.

Col: Mason. The Senate has already too much power. There can be no
danger of too much lenity in legislative pardons, as the Senate must
concur, & the President moreover can require 2/3 of both Houses.

On the motion of M^r Randolph

    N. H. no.--Mas. no. C^t div^d. N. J. no. P^a no. Del. no. M^d
    no. V^a ay. N. C. no. S. C. no. Geo. ay.

Art II. Sect. 2. (paragraph 2) To the end of this, M^r Govern^r Morris
moved to annex "but the Congress may by law vest the appointment of such
inferior officers as they think proper, in the President alone, in the
Courts of law, or in the heads of Departments." M^r Sherman 2^{ded} the
motion.

M^r Madison. It does not go far enough if it be necessary at all.
Superior officers below Heads of Departments ought in some cases to have
the appointment of the lesser offices.

M^r Gov^r Morris. There is no necessity. Blank commissions can be sent--

On the motion

    N. H. ay. Mas. no. C^t ay. N. J. ay. P^a ay. Del. no. M^d div^d.
    V^a no. N. C. ay. S. C. no. Geo. no.

The motion being lost by an equal division of votes. It was urged that
it be put a second time some such provision being too necessary to be
omitted, and on a second question it was agreed to nem: con.

Art. II. Sect. 1. The words "and not per capita" were struck out as
superfluous and the words "by the Representatives" also--as improper,
the choice of President being in another mode as well as eventually by
the House of Rep^s.

Art II. Sect. 2. After "officers of the U. S. whose appointments are not
otherwise provided for," were added the words "and which shall be
established by law."

Art III. Sect. 2. parag: 3. M^r Pinkney & M^r Gerry moved to annex to
the end, "And a trial by jury shall be preserved as usual in civil
cases."

M^r Gorham. The constitution of Juries is different in different States
and the trial itself is _usual_ in different cases in different States.

M^r King urged the same objections.

Gen^l Pinkney also. He thought such a clause in the Constitution would
be pregnant with embarrassments.

The motion was disagreed to nem: con:

Art. IV. Sect. 2. parag: 3. the term "legally" was struck out, and
"under the laws thereof" inserted after the word "State" in compliance
with the wish of some who thought the term legal equivocal, and favoring
the idea that slavery was legal in a moral view.

Art. IV. Sect 3. "New States may be admitted by the Congress into this
Union: but no new State shall be formed or erected within the
jurisdiction of any other State; nor any State be formed by the junction
of two or more States, or parts of States, without the consent of the
Legislatures of the States concerned as well as of the Cong^s."

M^r Gerry moved to insert after "or parts of States" the words "or a
State and part of a State" which was disagreed to by a large majority;
it appearing to be supposed that the case was comprehended in the words
of the clause as reported by the Committee.

Art. IV. Sect. 4. After the word "Executive" were inserted the words
"when the Legislature cannot be convened."

Art. V. "The Congress, whenever two thirds of both Houses shall deem
necessary, or on the application of two thirds of the Legislatures of
the several States shall propose amendments to this Constitution, which
shall be valid to all intents and purposes as part thereof, when the
same shall have been ratified by three fourths at least of the
Legislatures of the several States, or by Conventions in three fourths
thereof, as the one or the other mode of ratification may be proposed by
the Congress: Provided that no amendment which may be made prior to the
year 1808 shall in any manner affect the 1 & 4 clauses in the 9. Section
of article 1."

M^r Sherman expressed his fears that three fourths of the States might
be brought to do things fatal to particular States, as abolishing them
altogether or depriving them of their equality in the Senate. He thought
it reasonable that the proviso in favor of the States importing slaves
should be extended so as to provide that no State should be affected in
its internal police, or deprived of its equality in the Senate.

Col: Mason thought the plan of amending the Constitution exceptionable &
dangerous. As the proposing of amendments is in both the modes to
depend, in the first immediately, and in the second ultimately, on
Congress, no amendments of the proper kind would ever be obtained by the
people, if the Government should become oppressive, as he verily
believed would be the case.

M^r Gov^r Morris & M^r Gerry moved to amend the article so as to require
a Convention on application of 2/3 of the Sts.

M^r Madison did not see why Congress would not be as much bound to
propose amendments applied for by two thirds of the States as to call a
Convention on the like application. He saw no objection however against
providing for a Convention for the purpose of amendments, except only
that difficulties might arise as to the form, the quorum &c. which in
constitutional regulations ought to be as much as possible avoided.

The motion of M^r Gov^r Morris & M^r Gerry was agreed to nem: con: (see
the first part of the article as finally past).

M^r Sherman moved to strike out of art. V. after "legislatures" the
words "of three fourths" and so after the word "Conventions" leaving
future Conventions to act in this matter, like the present Conventions
according to circumstances.

On this motion

    N. H. div^d. Mas. ay. C^t ay. N. J. ay. P^a no. Del. no. M^d no.
    V^a no. N. C. no. S. C. no. Geo--no.

M^r Gerry moved to strike out the words "or by Conventions in three
fourths thereof." On this motion

    N. H. no. Mas. no. C^t ay. N. J. no. P^a no. Del. no. M^d no.
    V^a no. N. C. no. S. C. no. Geo. no.

M^r Sherman moved according to his idea above expressed to annex to the
end of the article a further proviso "that no State shall without its
consent be affected in its internal police, or deprived of its equal
suffrage in the Senate."

M^r Madison. Begin with these special provisos, and every State will
insist on them, for their boundaries, exports &c.

On the motion of M^r Sherman

    N. H. no. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d no.
    V^a no. N. C. no. S. C. no. Geo. no.

M^r Sherman then moved to strike out art. V altogether.

M^r Brearley 2^{ded} the motion, on which

    N. H. no. Mas. no. C^t ay. N. J. ay. P^a no. Del div^d. M^d no.
    V^a no. N. C. no. S. C. no. Geo. no.

M^r Gov^r Morris moved to annex a further proviso--"that no State,
without its consent shall be deprived of its equal suffrage in the
Senate."

This motion being dictated by the circulating murmurs of the small
States was agreed to without debate, no one opposing it, or on the
question, saying no.

Col: Mason expressing his discontent at the power given to Congress by a
bare majority to pass navigation acts, which he said would not only
enhance the freight, a consequence he did not so much regard--but would
enable a few rich merchants in Philad^a N. York & Boston, to monopolize
the Staples of the Southern States & reduce their value perhaps 50 Per
C^t moved a further proviso that no law in the nature of a navigation
act be passed before the year 1808, without the consent of 2/3 of each
branch of the Legislature.

On this motion

    N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay.
    V^a ay. N. C. abs^t. S. C. no. Geo. ay.

M^r Randolph animadverting on the indefinite and dangerous power given
by the Constitution to Congress, expressing the pain he felt at
differing from the body of the Convention, on the close of the great &
awful subject of their labours, and anxiously wishing for some
accommodating expedient which would relieve him from his embarrassments,
made a motion importing "that amendments to the plan might be offered by
the State Conventions, which should be submitted to and finally decided
on by another general Convention." Should this proposition be
disregarded, it would he said be impossible for him to put his name to
the instrument. Whether he should oppose it afterwards he would not then
decide but he would not deprive himself of the freedom to do so in his
own State, if that course should be prescribed by his final judgment.

Col: Mason 2^{ded} & followed M^r Randolph in animadversions on the
dangerous power and structure of the Government, concluding that it
would end either in monarchy, or a tyrannical aristocracy; which, he was
in doubt, but one or other, he was sure. This Constitution had been
formed without the knowledge or idea of the people. A second Convention
will know more of the sense of the people, and be able to provide a
system more consonant to it. It was improper to say to the people, take
this or nothing. As the Constitution now stands, he could neither give
it his support or vote in Virginia; and he could not sign here what he
could not support there. With the expedient of another Convention as
proposed, he could sign.

M^r Pinkney. These declarations from members so respectable at the close
of this important scene, give a peculiar solemnity to the present
moment. He descanted on the consequences of calling forth the
deliberations & amendments of the different States on the subject of
Government at large. Nothing but confusion & contrariety could spring
from the experiment. The States will never agree in their plans, and the
Deputies to a second Convention coming together under the discordant
impressions of their Constituents, will never agree. Conventions are
serious things, and ought not to be repeated. He was not without
objections as well as others to the plan. He objected to the
contemptible weakness & dependence of the Executive. He objected to the
power of a majority only of Cong^s over Commerce. But apprehending the
danger of a general confusion, and an ultimate decision by the sword, he
should give the plan his support.

M^r Gerry stated the objections which determined him to withhold his
name from the Constitution. 1. the duration and re-eligibility of the
Senate. 2. the power of the House of Representatives to conceal their
journals. 3. the power of Congress over the places of election. 4. the
unlimited power of Congress over their own compensation. 5.
Massachusetts has not a due share of Representatives allotted to her. 6.
3/5 of the Blacks are to be represented as if they were freemen. 7.
Under the power over commerce, monopolies may be established. 8. The
vice president being made head of the Senate. He could however he said
get over all these, if the rights of the Citizens were not rendered
insecure 1. by the general power of the Legislature to make what laws
they may please to call necessary and proper. 2. raise armies and money
without limit. 3. to establish a tribunal without juries, which will be
a Star-chamber as to Civil cases. Under such a view of the Constitution,
the best that could be done he conceived was to provide for a second
general Convention.

On the question on the proposition of M^r Randolph. All the States
answered no.

On the question to agree to the Constitution as amended. All the States
ay.

The Constitution was then ordered to be engrossed. and the House
adjourned.

                  MONDAY SEP^R 17. 1787. IN CONVENTION

The engrossed Constitution being read.

Doc^r Franklin rose with a speech in his hand, which he had reduced to
writing for his own conveniency, and which M^r Wilson read in the words
following.

    M^r President

    I confess that there are several parts of this constitution
    which I do not at present approve, but I am not sure I shall
    never approve them: For having lived long, I have experienced
    many instances of being obliged by better information or fuller
    consideration, to change opinions even on important subjects,
    which I once thought right, but found to be otherwise. It is
    therefore that the older I grow, the more apt I am to doubt my
    own judgment, and to pay more respect to the judgment of others.
    Most men indeed as well as most sects in Religion think
    themselves in possession of all truth, and that wherever others
    differ from them it is so far error. Steele a Protestant in a
    Dedication tells the Pope, that the only difference between our
    Churches in their opinions of the certainty of their doctrines
    is, the Church of Rome is infallible and the Church of England
    is never in the wrong. But though many private persons think
    almost as highly of their own infallibility as of that of their
    sect, few express it so naturally as a certain french lady, who
    in a dispute with her sister, said "I don't know how it happens,
    Sister but I meet with nobody but myself, that is always in the
    right--_Il n'y a que moi qui a toujours raison_."

    In these sentiments, Sir, I agree to this Constitution with all
    its faults, if they are such; because I think a general
    Government necessary for us, and there is no form of Government
    but what may be a blessing to the people if well administered,
    and believe farther that this is likely to be well administered
    for a course of years, and can only end in Despotism, as other
    forms have done before it, when the people shall become so
    corrupted as to need despotic Government, being incapable of any
    other. I doubt too whether any other Convention we can obtain
    may be able to make a better Constitution. For when you assemble
    a number of men to have the advantage of their joint wisdom, you
    inevitably assemble with those men, all their prejudices, their
    passions, their errors of opinion, their local interests, and
    their selfish views. From such an assembly can a perfect
    production be expected? It therefore astonishes me, Sir, to find
    this system approaching so near to perfection as it does; and I
    think it will astonish our enemies, who are waiting with
    confidence to hear that our councils are confounded like those
    of the Builders of Babel; and that our States are on the point
    of separation, only to meet hereafter for the purpose of cutting
    one another's throats. Thus I consent, Sir, to this Constitution
    because I expect no better, and because I am not sure, that it
    is not the best. The opinions I have had of its errors, I
    sacrifice to the public good. I have never whispered a syllable
    of them abroad. Within these walls they were born, and here they
    shall die. If every one of us in returning to our Constituents
    were to report the objections he has had to it, and endeavor to
    gain partizans in support of them, we might prevent its being
    generally received, and thereby lose all the salutary effects &
    great advantages resulting naturally in our favor among foreign
    nations as well as among ourselves, from our real or apparent
    unanimity. Much of the strength & efficiency of any Government
    in procuring and securing happiness to the people, depends, on
    opinion, on the general opinion of the goodness of the
    Government, as well as of the wisdom and integrity of its
    Governors. I hope therefore that for our own sakes as a part of
    the people, and for the sake of posterity, we shall act heartily
    and unanimously in recommending this Constitution (if approved
    by Congress & confirmed by the Conventions) wherever our
    influence may extend, and turn our future thoughts & endeavors
    to the means of having it well administered.

    On the whole, Sir, I cannot help expressing a wish that every
    member of the Convention who may still have objections to it,
    would with me, on this occasion doubt a little of his own
    infallibility, and to make manifest our unanimity, put his name
    to this instrument.--He then moved that the Constitution be
    signed by the members and offered the following as a convenient
    form viz: "Done in Convention by the unanimous consent of _the
    States_ present the 17^{th} of Sep^r &c.--In witness whereof we
    have hereunto subscribed our names."

This ambiguous form had been drawn up by M^r G. M. in order to gain the
dissenting members, and put into the hands of Doc^r Franklin that it
might have the better chance of success.

M^r Gorham said if it was not too late he could wish, for the purpose of
lessening objections to the Constitution, that the clause declaring "the
number of Representatives shall not exceed one for every forty thousand"
which had produced so much discussion, might be yet reconsidered, in
order to strike out 40,000 & insert "thirty thousand." This would not he
remarked establish that as an absolute rule, but only give Congress a
greater latitude which could not be thought unreasonable.

M^r King & M^r Carrol seconded & supported the ideas of M^r Gorham.

When the President rose, for the purpose of putting the question, he
said that although his situation had hitherto restrained him from
offering his sentiments on questions depending in the House, and it
might be thought, ought now to impose silence on him, yet he could not
forbear expressing his wish that the alteration proposed might take
place. It was much to be desired that the objections to the plan
recommended might be made as few as possible. The smallness of the
proportion of Representatives had been considered by many members of the
Convention an insufficient security for the rights & interests of the
people. He acknowledged that it had always appeared to himself among the
exceptionable parts of the plan, and late as the present moment was for
admitting amendments, he thought this of so much consequence that it
would give much satisfaction to see it adopted.[102]

    [102] This was the only occasion on which the President entered
        at all into the discussions of the Convention.--Madison's
        Note.

No opposition was made to the proposition of M^r Gorham and it was
agreed to unanimously.

On the question to agree to the Constitution enrolled in order to be
signed. It was agreed to all the States answering ay.

M^r Randolph then rose and with an allusion to the observations of Doc^r
Franklin apologized for his refusing to sign the Constitution
notwithstanding the vast majority & venerable names that would give
sanction to its wisdom and its worth. He said however that he did not
mean by this refusal to decide that he should oppose the Constitution
without doors. He meant only to keep himself free to be governed by his
duty as it should be prescribed by his future judgment. He refused to
sign, because he thought the object of the convention would be
frustrated by the alternative which it presented to the people. Nine
States will fail to ratify the plan and confusion must ensue. With such
a view of the subject he ought not, he could not, by pledging himself to
support the plan, restrain himself from taking such steps as might
appear to him most consistent with the public good.

M^r Gov^r Morris said that he too had objections, but considering the
present plan as the best that was to be attained, he should take it with
all its faults. The majority had determined in its favor, and by that
determination he should abide. The moment this plan goes forth all other
considerations will be laid aside, and the great question will be, shall
there be a national Government or not? and this must take place or a
general anarchy will be the alternative. He remarked that the signing in
the form proposed related only to the fact that the _States_ present
were unanimous.

M^r Williamson suggested that the signing should be confined to the
letter accompanying the Constitution to Congress, which might perhaps do
nearly as well, and would be found satisfactory to some members[103] who
disliked the Constitution. For himself he did not think a better plan
was to be expected and had no scruples against putting his name to it.

    [103] He alluded to M^r Blount for one.--Madison's Note.

M^r Hamilton expressed his anxiety that every member should sign. A few
characters of consequence, by opposing or even refusing to sign the
Constitution, might do infinite mischief by kindling the latent sparks
which lurk under an enthusiasm in favor of the Convention which may soon
subside. No man's ideas were more remote from the plan than his own were
known to be; but is it possible to deliberate between anarchy and
Convulsion on one side, and the chance of good to be expected from the
plan on the other.

M^r Blount[104] said he had declared that he would not sign, so as to
pledge himself in support of the plan, but he was relieved by the form
proposed and would without committing himself attest the fact that the
plan was the unanimous act of the States in Convention.

    [104] "Mr. Blount is a character strongly marked for integrity
        and honor. He has been twice a Member of Congress, and in
        that office discharged his duty with ability and
        faithfulness. He is no Speaker, nor does he possess any of
        those talents that make Men shine;--he is plain, honest, and
        sincere. Mr. Blount is about 36 years of age."--Pierce's
        Notes, _Amer. Hist. Rev._, iii., 329.

Doc^r Franklin expressed his fears from what M^r Randolph had said, that
he thought himself alluded to in the remarks offered this morning to the
House. He declared that when drawing up that paper he did not know that
any particular member would refuse to sign his name to the instrument,
and hoped to be so understood. He possessed a high sense of obligation
to M^r Randolph for having brought forward the plan in the first
instance, and for the assistance he had given in its progress, and hoped
that he would yet lay aside his objections, and by concurring with his
brethren, prevent the great mischief which the refusal of his name might
produce.

M^r Randolph could not but regard the signing in the proposed form, as
the same with signing the Constitution. The change of form therefore
could make no difference with him. He repeated that in refusing to sign
the Constitution he took a step which might be the most awful of his
life, but it was dictated by his conscience, and it was not possible for
him to hesitate, much less, to change. He repeated also his persuasion,
that the holding out this plan with a final alternative to the people,
of accepting or rejecting it in toto, would really produce the anarchy &
civil convulsions which were apprehended from the refusal of individuals
to sign it.

M^r Gerry described the painful feelings of his situation, and the
embarrassments under which he rose to offer any further observations on
the subject w^{ch}. had been finally decided. Whilst the plan was
depending, he had treated it with all the freedom he thought it
deserved. He now felt himself bound as he was disposed to treat it with
the respect due to the Act of the Convention. He hoped he should not
violate that respect in declaring on this occasion his fears that a
Civil war may result from the present crisis of the U.S. In
Massachusetts, particularly he saw the danger of this calamitous
event--In that State there are two parties, one devoted to Democracy,
the worst he thought of all political evils, the other as violent in the
opposite extreme. From the collision of these in opposing and resisting
the Constitution, confusion was greatly to be feared. He had thought it
necessary, for this & other reasons that the plan should have been
proposed in a more mediating shape, in order to abate the heat and
opposition of parties. As it had been passed by the Convention, he was
persuaded it would have a contrary effect. He could not therefore by
signing the Constitution pledge himself to abide by it at all events.
The proposed form made no difference with him. But if it were not
otherwise apparent, the refusals to sign should never be known from him.
Alluding to the remarks of Doc^r Franklin, he could not he said but view
them as levelled at himself and the other gentlemen who meant not to
sign.

Gen^l Pinkney. We are not likely to gain many converts by the ambiguity
of the proposed form of signing. He thought it best to be candid and let
the form speak the substance. If the meaning of the signers be left in
doubt, his purpose would not be answered. He should sign the
Constitution with a view to support it with all his influence, and
wished to pledge himself accordingly.

Doc^r Franklin. It is too soon to pledge ourselves before Congress and
our Constituents shall have approved the plan.

M^r Ingersol[105] did not consider the signing, either as a mere
attestation of the fact, or as pledging the signers to support the
Constitution at all events; but as a recommendation, of what, all things
considered, was the most eligible.

    [105] "Mr. Ingersol is a very able Attorney and possesses a
        clear legal understanding. He is well educated in the
        Classic's, and is a Man of very extensive reading. Mr.
        Ingersol speaks well, and comprehends his subject fully.
        There is modesty in his character that keeps him back. He is
        about 36 years old."--Pierce's Notes, _Amer. Hist. Rev._,
        iii., 329.

On the motion of Doc^r Franklin

    N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay.
    V^a ay. N. C. ay. S. C. div^d.[106] Geo. ay.

        [106] Gen^l Pinkney & M^r Butler disliked the equivocal form
            of the signing, and on that account voted in the
            negative.--Madison's Note.

M^r King suggested that the Journals of the Convention should be either
destroyed, or deposited in the custody of the President. He thought if
suffered to be made public, a bad use would be made of them by those who
would wish to prevent the adoption of the Constitution.

M^r Wilson preferd the second expedient, he had at one time liked the
first best; but as false suggestions may be propagated it should not be
made impossible to contradict them.

A question was then put on depositing the Journals and other papers of
the Convention in the hands of the President, on which,

    N. H. ay. M^{tts} ay. C^t ay. N. J. ay. Pen^a ay. Del. ay.
    M^d no.[107] V^a ay. N. C. ay. S. C. ay. Geo. ay.[108]

        [107] This negative of Maryland was occasioned by the
            language of the instructions to the Deputies of that
            State, which required them to report to the State, the
            _proceedings_ of the Convention.--Madison's Note.

        [108] "Major Jackson presents his most respectful
            compliments to General Washington--

            "He begs leave to request his signature to forty
            Diplomas intended for the Rhode Island Society of the
            Cincinnati.

            "Major Jackson, after burning all the loose scraps of
            paper which belong to the Convention, will this evening
            wait upon the General with the Journals and other papers
            which their vote directs to be delivered to His
            Excellency.

            "Monday evening"

            Endorsed in Washington's hand: "Maj^r W^m Jackson
            17^{th} Sep. 1787."--Wash. MSS.

The President having asked what the Convention meant should be done with
the Journals &c. whether copies were to be allowed to the members if
applied for. It was Resolved nem. con: "that he retain the Journal and
other papers, subject to the order of Congress, if ever formed under the
Constitution."

The members then proceeded to sign the instrument.

Whilst the last members were signing it Doct^r Franklin looking towards
the President's Chair, at the back of which a rising sun happened to be
painted, observed to a few members near him, that Painters had found it
difficult to distinguish in their art a rising from a setting sun. I
have said he, often and often in the course of the Session, and the
vicissitudes of my hopes and fears as to its issue, looked at that
behind the President without being able to tell whether it was rising or
setting: But now at length I have the happiness to know that it is a
rising and not a setting Sun.

The Constitution being signed by all the members except M^r Randolph,
M^r Mason and M^r Gerry, who declined giving it the sanction of their
names, the Convention dissolved itself by an Adjournment sine die[109]--

    [109] The few alterations and corrections made in these debates
        which are not in my handwriting, were dictated by me and
        made in my presence by John C. Payne. James
        Madison.--Madison's Note.

    [Following is a literal copy of the engrossed Constitution as
    signed. It is in four sheets, with an additional sheet
    containing the resolutions of transmissal. The note indented at
    the end is in the original precisely as reproduced here.]

WE THE PEOPLE of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
common defence, promote the general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.

                              Article. I.

Section. 1. All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and House
of Representatives.

Section. 2. The House of Representatives shall be composed of Members
chosen every second Year by the People of the several States, and the
Electors in each State shall have the Qualifications requisite for
Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the
Age of twenty five Years, and been seven Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that State
in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several
States which may be included within this Union, according to their
respective Numbers, which shall be determined by adding to the whole
Number of free Persons, including those bound to Service for a Term of
Years, and excluding Indians not taxed, three fifths of all other
Persons. The actual Enumeration shall be made within three Years after
the first Meeting of the Congress of the United States, and within every
subsequent Term of ten Years, in such Manner as they shall by Law
direct. The Number of Representatives shall not exceed one for every
thirty Thousand, but each State shall have at Least one Representative;
and until such enumeration shall be made, the State of New Hampshire
shall be entitled to chuse three, Massachusetts eight, Rhode-Island and
Providence Plantations one, Connecticut five, New-York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the
Executive Authority thereof shall issue Writs of Election to fill such
Vacancies.

The House of Representatives shall chuse their Speaker and other
Officers; and shall have the sole Power of Impeachment.

Section. 3. The Senate of the United States shall be composed of two
Senators from each State, chosen by the Legislature thereof, for six
Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first
Election, they shall be divided as equally as may be into three Classes.
The Seats of the Senators of the first Class shall be vacated at the
Expiration of the second Year, of the second Class at the Expiration of
the fourth Year, and of the third Class at the Expiration of the sixth
Year, so that one third may be chosen every second Year; and if
Vacancies happen by Resignation, or otherwise, during the Recess of the
Legislature of any State, the Executive thereof may make temporary
Appointments until the next Meeting of the Legislature, which shall then
fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of
thirty Years, and been nine Years a Citizen of the United States, and
who shall not, when elected, be an Inhabitant of that State for which he
shall be chosen.

The Vice President of the United States shall be President of the
Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro
tempore, in the Absence of the Vice President, or when he shall exercise
the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When
sitting for that Purpose, they shall be on Oath or Affirmation. When the
President of the United States ^{is tried,} the Chief Justice shall
preside: And no Person shall be convicted without the Concurrence of two
thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to
removal from Office, and disqualification to hold and enjoy any Office
of honor, Trust or Profit under the United States: but the Party
convicted shall nevertheless be liable and subject to Indictment, Trial,
Judgment and Punishment, according to Law.

Section. 4. The Times, Places and Manner of holding Elections for
Senators and Representatives, shall be prescribed in each State by the
Legislature thereof; but the Congress may at any time by Law make or
alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such
Meetings shall be on the first Monday in December, unless they shall by
Law appoint a different Day.

Section. 5. Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each shall
constitute a Quorum to do Business; but a smaller Number may adjourn
from day to day, and may be authorized to compel the Attendance of
absent Members, in such Manner, and under such Penalties as each House
may provide.

Each House may determine the Rules of its Proceedings, punish its
Members for disorderly Behaviour, and, with the Concurrence of two
thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to
time publish the same, excepting such Parts as may in their Judgment
require Secrecy; and the Yeas and Nays of the Members of either House on
any question shall, at the Desire of one fifth of those Present, be
entered on the Journal.

Neither House, during the Session of Congress, shall, without the
Consent of the other, adjourn for more than three days, nor to any other
Place than that in which the two Houses shall be sitting.

Section. 6. The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law, and paid out
of the Treasury of the United States. They shall in all Cases, except
Treason, Felony and Breach of the Peace, be privileged from Arrest
during their Attendance at the Session of their respective Houses, and
in going to and returning from the same; and for any Speech or Debate in
either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was
elected, be appointed to any civil Office under the Authority of the
United States, which shall have been created, or the Emoluments whereof
shall have been encreased during such time; and no Person holding any
Office under the United States, shall be a Member of either House during
his Continuance in Office.

Section. 7. All Bills for raising Revenue shall originate in the House
of Representatives; but the Senate may propose or concur with Amendments
as on other Bills.

Every Bill which shall have passed the House of Representatives and the
Senate, shall, before it become a Law, be presented to the President of
the United States; If he approve he shall sign it, but if not he shall
return it, with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their Journal,
and proceed to reconsider it. If after such Reconsideration two thirds
of that House shall agree to pass the Bill, it shall be sent, together
with the Objections, to the other House, by which it shall likewise be
reconsidered, and if approved by two thirds of that House, it shall
become a Law. But in all such Cases the Votes of both Houses shall be
determined by yeas and Nays, and the Names of the Persons voting for and
against the Bill shall be entered on the Journal of each House
respectively. If any Bill shall not be returned by the President within
ten Days (Sundays excepted) after it shall have been presented to him,
the Same shall be a Law, in like Manner as if he had signed it, unless
the Congress by their Adjournment prevent its Return, in which Case it
shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate
and House of Representatives may be necessary (except on a question of
Adjournment) shall be presented to the President of the United States;
and before the Same shall take Effect, shall be approved by him, or
being disapproved by him, shall be repassed by two thirds of the Senate
and House of Representatives, according to the Rules and Limitations
prescribed in the Case of a Bill.

Section. 8. The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States,
and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the
subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix
the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and
current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for
Limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas,
and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use
shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval
Forces;

To provide for calling forth the Militia to execute the Laws of the
Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and
for governing such Part of them as may be employed in the Service of the
United States, reserving to the States respectively, the Appointment of
the Officers, and the Authority of training the Militia according to the
discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of
particular States, and the Acceptance of Congress, become the Seat of
the Government of the United States, and to exercise like Authority over
all Places purchased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;--And

To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any
Department or Officer thereof.

Section. 9. The Migration or Importation of such Persons as any of the
States now existing shall think proper to admit, shall not be prohibited
by the Congress prior to the Year one thousand eight hundred and eight,
but a Tax or duty may be imposed on such Importation, not exceeding ten
dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or Invasion the public Safety may
require it.

No bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion
to the Census or Enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to
the Ports of one State over those of another: nor shall Vessels bound
to, or from, one State, be obliged to enter, clear, or pay Duties in
another.

No Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law; and a regular Statement and Account of the
Receipts and Expenditures of all public Money shall be published from
time to time.

No Title of Nobility shall be granted by the United States: And no
Person holding any Office of Profit or Trust under them, shall, without
the Consent of the Congress, accept of any present, Emolument, Office,
or Title, of any kind whatever, from any King, Prince, or foreign State.

Section. 10. No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money; emit
Bills of Credit; make any Thing but gold and silver Coin a Tender in
Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of ^{the} Congress, lay any Imposts
or Duties on Imports or Exports, except what may be absolutely necessary
for executing it's inspection Laws: and the net Produce of all Duties
and Imposts, laid by any State on Imports or Exports, shall be for the
Use of the Treasury of the United States; and all such Laws shall be
subject to the Revision and Controul of ^{the} Congress.

No State shall, without the Consent of Congress, lay any Duty of
Tonnage, keep Troops, or Ships of War in time of Peace, enter into any
Agreement or Compact with another State, or with a foreign Power, or
engage in War, unless actually invaded, or in such imminent Danger as
will not admit of delay.

                              Article. II.

Section. 1. The executive Power shall be vested in a President of the
United States of America. He shall hold his Office during the Term of
four Years, and, together with the Vice President, chosen for the same
Term, be elected, as follows.

Each State shall appoint, in such Manner as the Legislature thereof may
direct, a Number of Electors, equal to the whole Number of Senators and
Representatives to which the State may be entitled in the Congress: but
no Senator or Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot
for two Persons, of whom one at least shall not be an Inhabitant of the
same State with themselves. And they shall make a List of all the
Persons voted for, and of the Number of Votes for each; which List they
shall sign and certify, and transmit sealed to the Seat of the
Government of the United States, directed to the President of the
Senate. The President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certificates, and the Votes
shall then be counted. The Person having the greatest Number of Votes
shall be the President, if such Number be a Majority of the whole Number
of Electors appointed; and if there be more than one who have such
Majority, and have an equal Number of Votes, then the House of
Representatives shall immediately chuse by Ballot one of them for
President; and if no Person have a Majority, then from the five highest
on the List the said House shall in like manner chuse the President. But
in chusing the President, the Votes shall be taken by States, the
Representation from each State having one Vote; a quorum for this
Purpose shall consist of a Member or Members from two thirds of the
States, and a Majority of all the States shall be necessary to a Choice.
In every Case, after the Choice of the President, the Person having the
greatest Number of Votes of the Electors shall be the Vice President.
But if there should remain two or more who have equal votes, the Senate
shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day
on which they shall give their Votes; which Day shall be the same
throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United
States, at the time of the adoption of this Constitution, shall be
eligible to the Office of President; neither shall any Person be
eligible to that Office who shall not have attained to the Age of thirty
five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death,
Resignation, or Inability to discharge the Powers and Duties of the said
Office, the Same shall devolve on the Vice President, and the Congress
may by Law provide for the Case of Removal, Death, Resignation or
Inability, both of the President and Vice President, declaring what
Officer shall then act as President, and such Officer shall act
accordingly, until the Disability be removed, or a President shall be
elected.

The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be encreased nor diminished during the
Period for which he shall have been elected, and he shall not receive
within that Period any other Emolument from the United States, or any of
them.

Before he enter on the Execution of his Office, he shall take the
following Oath or Affirmation:--"I do solemnly swear (or affirm) that I
will faithfully execute the Office of President of the United States,
and will to the best of my Ability, preserve, protect and defend the
Constitution of the United States."

Section. 2. The President shall be Commander in Chief of the Army and
Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States; he may require
the Opinion, in writing, of the principal Officer in each of the
executive Departments, upon any Subject relating to the Duties of their
respective Offices, and he shall have Power to grant Reprieves and
Pardons for Offences against the United States, except in Cases of
Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate,
to make Treaties, provided two thirds of the Senators present concur;
and he shall nominate, and by and with the Advice and Consent of the
Senate, shall appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may by Law vest the
Appointment of such inferior Officers, as they think proper, in the
President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen
during the Recess of the Senate, by granting Commissions which shall
expire at the End of their next Session.

Section. 3. He shall from time to time give to the Congress Information
of the State of the Union, and recommend to their Consideration such
Measures as he shall judge necessary and expedient; he may, on
extraordinary Occasions, convene both Houses, or either of them, and in
Case of Disagreement between them, with Respect to the Time of
Adjournment, he may adjourn them to such Time as he shall think proper;
he shall receive Ambassadors and other public Ministers; he shall take
Care that the Laws be faithfully executed, and shall Commission all the
Officers of the United States.

Section. 4. The President, Vice President and all civil Officers of the
United States, shall be removed from Office on Impeachment for, and
Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

                             Article. III.

Section. 1. The judicial Power of the United States, shall be vested in
one supreme Court, and in such inferior Courts as the Congress may from
time to time ordain and establish. The Judges, both of the supreme and
inferior Courts, shall hold their Offices during good Behaviour, and
shall, at stated Times, receive for their Services, a Compensation,
which shall not be diminished during their Continuance in Office.

Section. 2. The judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under their Authority;--to
all Cases affecting Ambassadors, other public Ministers and Consuls;--to
all Cases of admiralty and maritime Jurisdiction;--to Controversies to
which the United States shall be a Party;--to Controversies between two
or more States;--between a State and Citizens of another State;--between
Citizens of different States,--between Citizens of the same State
claiming Lands under Grants of different States, and between a State, or
the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls,
and those in which a State shall be Party, the supreme Court shall have
original Jurisdiction. In all the other Cases before mentioned, the
Supreme Court shall have appellate Jurisdiction, both as to Law and
Fact, with such Exceptions, and under such regulations as the Congress
shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by
Jury; and such Trial shall be held in the State where the said Crimes
shall have been committed; but when not committed within any State, the
Trial shall be at such Place or Places as the Congress may by Law have
directed.

Section. 3. Treason against the United States, shall consist only in
levying War against them, or in adhering to their Enemies, giving them
Aid and Comfort. No Person shall be convicted of Treason unless on the
Testimony of two Witnesses to the same overt Act, or on Confession in
open Court.

The Congress shall have Power to declare the Punishment of Treason, but
no Attainder of Treason shall work Corruption of Blood, or Forfeiture
except during the Life of the Person attainted.

                              Article. IV.

Section. 1. Full Faith and Credit shall be given in each State to the
public Acts, Records, and judicial Proceedings of every other State. And
the Congress may by general Laws prescribe the Manner in which such
Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2. The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who
shall flee from Justice, and be found in another State, shall on Demand
of the executive Authority of the State from which he fled, be delivered
up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws
thereof, escaping into another, shall, in Consequence of any Law or
Regulation therein, be discharged from such Service or Labour, but shall
be delivered up on Claim of the Party to whom such Service or Labour may
be due.

Section. 3. New States may be admitted by the Congress into this Union;
but no new State shall be formed or erected within the Jurisdiction of
any other State; nor any State be formed by the Junction of two or more
States, or Parts of States, without the Consent of the Legislatures of
the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules
and Regulations respecting the Territory or other Property belonging to