To General Knox and other friends similar apprehensions were expressed. "I feel infinitely more than I can express to you for the disorders which have arisen in these States. Good God! who besides a Tory could have foreseen, or a Briton have predicted them? I do assure you that even at this moment, when I reflect upon the present aspect of our affairs, it seems to me like the visions of a dream. My mind can scarcely realize it as a thing in actual existence, so strange, so wonderful, does it appear to me. In this, as in most other matters, we are too slow. When this spirit first dawned it might probably have been easily checked, but it is scarcely within the reach of human ken, at this moment, to say when, where, or how it will terminate. There are combustibles in every State to which a spark might set fire. In bewailing, which I have often done with the keenest sorrow, the death of our much-lamented friend, General Greene, I have accompanied my regrets of late with a query, whether he would not have preferred such an exit to the scenes which it is more than probable many of his compatriots may live to bemoan.
"You talk, my good sir, of employing influence to appease the present tumults in Massachusetts. I know not where that influence is to be found, nor if attainable, that it would be a proper remedy for these disorders. Influence is not government. Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once. Under these impressions my humble opinion is that there is a call for decision. Know then precisely what the insurgents aim at. If they have real grievances redress them if possible, or acknowledge the justice of them and your inability to do it in the present moment. If they have not, employ the force of the government against them at once. If this is inadequate all will be convinced that the superstructure is bad or wants support. To be more exposed in the eyes of the world, and more contemptible than we already are, is hardly possible. To delay one or the other of these expedients is to exasperate on the one hand or to give confidence on the other, and will add to their numbers, for, like snowballs, such bodies increase by every movement, unless there is something in the way to obstruct and crumble them before their weight is too great and irresistible.
"These are my sentiments. Precedents are dangerous things. Let the reins of government then be braced and held with a steady hand, and every violation of the constitution be reprehended. If defective, let it be amended, but not suffered to be trampled upon while it has an existence."
Colonel Humphreys having intimated by letter his apprehension that civil discord was near, in which event he would be obliged to act a public part, or to leave the continent—"It is," said Washington in reply, "with the deepest and most heartfelt concern I perceive, by some late paragraphs extracted from the Boston papers, that the insurgents of Massachusetts, far from being satisfied with the redress offered by their General Court, are still acting in open violation of law and government, and have obliged the chief magistrate, in a decided tone, to call upon the militia of the State to support the constitution.
"What, gracious God, is man, that there should be such inconsistency and perfidiousness in his conduct! It is but the other day that we were shedding our blood to obtain the constitutions under which we live—constitutions of our own choice and making—and now we are unsheathing the sword to overturn them. The thing is so unaccountable that I hardly know how to realize it, or to persuade myself that I am not under the illusion of a dream. My mind, previous to the receipt of your letter of the first ultimo, had often been agitated by a thought similar to the one you expressed respecting a friend of yours, but heaven forbid that a crisis should come when he shall be driven to the necessity of making a choice of either of the alternatives there mentioned."
Having learned that the States had generally elected their representatives to the convention, and Congress having given its sanction to it, he on the 28th of March communicated to the governor of Virginia his consent to act as one of the delegates of his State on this important occasion.
When this determination was formed Washington at once commenced his preparations to leave Mount Vernon at an early day, so that he might be able to be present at the meeting of the Cincinnati; but on the 26th of April (1787) he received intelligence by an express that his mother and sister were dangerously ill at Fredericksburg. He immediately set off for that place, and the detention thus occasioned prevented his meeting the Cincinnati. After remaining three days at Fredericksburg, his mother and sister being partially recovered, he returned to Mount Vernon, and was enabled to complete his preparations for leaving home in season to arrive in Philadelphia on the 13th of May, the day before the opening of the convention. {6}
Public honors had awaited him everywhere on his route. At Chester he was met by General Mifflin, then speaker of the Assembly of Pennsylvania, and several officers of the army and other public characters who accompanied him to Gray's Ferry, where his former escort, the "First Troop" of Philadelphia, were waiting to conduct him to the city. On his arrival he paid his first visit to Dr. Franklin, president of the State of Pennsylvania, who had also been elected a member of the convention.
On the next day (May 14, 1787), the convention assembled which was to accomplish one of the most splendid works that ever was achieved by human wisdom. Several days, however, elapsed before a quorum of members could be formed. When the moment for commencing the organization of the convention arrived, Robert Morris, on behalf of the Pennsylvania delegation, nominated Washington as its president. John Rutledge of South Carolina, future chief justice of the United States, seconded the nomination, remarking at the same time that the presence of General Washington forbade any observations on the occasion which might not be proper. He was elected by a unanimous vote. By this act the convention did but fulfill the wishes of the whole nation. A crisis had arrived in which all eyes were turned to the Great Founder for deliverance. To use his own language in a letter written to Mr. Jefferson a few days later (May 30, 1787), "That something is necessary none will deny, for the general government, if it can be called a government, is shaken to its foundation and liable to be overturned by every blast. In a word, it is at an end, and unless a remedy is soon applied anarchy and confusion will inevitably ensue."
Among the members of the convention were many men of exalted character and signal abilities. New York sent Alexander Hamilton, himself a host. No member was better fitted for the work or exerted a more important influence in perfecting it. Madison was one of the delegates from Virginia, whose pen was subsequently exerted, in connection with those of Hamilton and Jay in defending and expounding the constitution to the people in the memorable papers of the "Federalist." Massachusetts sent Nathaniel Gorham and Rufus King; New Hampshire, John Langdon and Nicholas Gilman; Pennsylvania counted in her numerous delegates Franklin, Mifflin, James Wilson, Robert Morris, and Gouverneur Morris, with others whose historical names are less distinguished for ability and eloquence, though not less for integrity and patriotism. South Carolina sent John Rutledge, her former governor, one of the ablest and purest men then living, and destined to preside over the supreme judiciary of the Union. Charles Cotesworth Pinckney, one of the bravest of the revolutionary generals, and the future ambassador to France, was also among the delegates of South Carolina. Among the other names on the roll of the convention, we recognize those of another Pinckney, famed for eloquence; Roger Sherman, a veteran statesman and signer of the Declaration of Independence; William Livingston, afterwards Governor of New Jersey, friend and correspondent of Washington, and Doctor Hugh Williamson of North Carolina, an early patriot, who had assisted Franklin in detecting the intrigues of Hutchinson and Oliver.
It would fill far too much space to enumerate all the members of the convention, or even to glance at their respective titles, already earned by public service, to the confidence of their countrymen.
"It was a most fortunate thing for America," says a recent writer, {7} "that the Revolutionary age, with its hardships, its trials, and its mistakes, had formed a body of Statesmen capable of framing for it a durable constitution. The leading persons in the convention which formed the constitution had been actors either in civil or military life in the scenes of the Revolution. In those scenes their characters as American statesmen had been formed. When the condition of the country had fully revealed the incapacity of the government to provide for its wants, these men were naturally looked to to construct a system which would save it from anarchy. And their great capacities, their high disinterested purposes, their freedom from all fanaticism and illiberality, and their earnest, unconquerable faith in the destiny of the country, enabled them to found that government which now upholds and protects the whole fabric of liberty in the States of this Union."
The convention remained in session four months, and their industry and devotion to their important work is amply testified by the fact that they sat from five to seven hours a day. It was a most imposing assemblage. "The severe, unchanging presence of Washington," says the writer last quoted, "presided over all. The chivalrous sincerity and disinterestedness of Hamilton pervaded the assembly with all the power of his fascinating manners. The flashing eloquence of Gouverneur Morris recalled the dangers of anarchy, which must be accepted as the alternative of an abortive experiment. The calm, clear, statesmanlike views of Madison, the searching and profound expositions of King, the prudent influence of Franklin, at length ruled the hour."
On the 17th of September, 1787, the constitution was signed by all the members present, except Edmund Randolph, the governor of Virginia; George Mason and Elbridge Gerry; and it was then forwarded with a letter to Congress. By that assembly it was sent to the State Legislatures to be submitted in each State to a convention of delegates, to be chosen by the people, for approval or rejection. As the State Legislatures assembled at different times, nearly a year would elapse before the result could be known.
Immediately after the convention had ended its labors, Washington returned to Mount Vernon to resume his agricultural pursuits and to watch with intense interest the slow process of ratifying the constitution by the several States. His correspondence with Hamilton, Madison, Jay, Wilson, Governor Langdon of New Hampshire, Generals Knox and Lincoln, and Governor Randolph, at this time, shows that the subject occupied a great share of his attention, and that he was extremely anxious that the constitution should be adopted by all the States.
In a letter to Lafayette (7th of February, 1788), he says: "As to my sentiments with respect to the merits of the new constitution, I will disclose them without reserve, although, by passing through the post-offices they should become known to all the world; for, in truth, I have nothing to conceal on that subject. It appears to me, then, little short of a miracle that the delegates from so many States, different from each other, as you know, in their manners, circumstances, and prejudices, should unite in forming a system of national government so little liable to well-founded objections. Nor am I yet such an enthusiastic, partial, or undiscriminating admirer of it as not to perceive it is tinctured with some real though not radical defects. The limits of a letter would not suffer me to go fully into an examination of them; nor would the discussion be entertaining or profitable. I therefore forbear to touch upon it. With regard to the two great points, the pivots upon which the whole machine must move, my creed is simply—
"First, That the general government is not invested with more powers than are indispensably necessary to perform the functions of a good government, and, consequently, that no objection ought to be made against the quantity of power delegated to it.
"Secondly, That these powers, as the appointment of all rulers will forever arise from, and at short stated intervals recur to the free suffrage of the people, are so distributed among the legislative, executive, and judicial branches in to which the general government is arranged that it can never be in danger of degenerating into a monarchy, an oligarchy, an aristocracy, or any other despotic or oppressive form so long as there shall remain any virtue in the body of the people.
"I would not be understood, my dear Marquis, to speak of consequences which may be produced in the revolution of ages, by corruption of morals, profligacy of manners, and listlessness in the preservation of the natural and unalienable rights of mankind, nor of the successful usurpations that may be established at such an unpropitious juncture upon the ruins of liberty, however providentially guarded and secured, as these are contingencies against which no human prudence can effectually provide. It will at least be a recommendation to the proposed constitution that it is provided with more checks and barriers against the introduction of tyranny and those of a nature less liable to be surmounted than any government hitherto instituted among mortals. We are not to expect perfection in this world: but mankind, in modern times, have apparently made some progress in the science of government. Should that which is now offered to the people of America be found an experiment less perfect than it can be made, a constitutional door is left open for its amelioration."
A letter of Mr. Jefferson, written to one of his friends while the constitution was under consideration, gives some interesting particulars respecting its reception and the opinions of some of the States and leaders in regard to it:
"The constitution," he says, "has been received with very general enthusiasm; the bulk of the people are eager to adopt it. In the eastern States the printers will print nothing against it unless the writer subscribes his name. Massachusetts and Connecticut have called conventions in January to consider it. In New York there is a division; the governor, Clinton, is known to be hostile. Jersey, it is thought, will accept; Pennsylvania is divided, and all the bitterness of her factions has been kindled anew. But the party in favor of it is the strongest, both in and out of the Legislature. This is the party anciently of Morris, Wilson, etc. Delaware will do what Pennsylvania shall do. Maryland is thought favorable to it, yet it is supposed that Chase and Paca will oppose it. As to Virginia, two of her delegates, in the first place, refused to sign it; these were Randolph, the governor, and George Mason. Besides these, Henry, Harrison, Nelson, and the Lees are against it. General Washington will be for it, but it is not in his character to exert himself much in the case. Madison will be its main pillar," etc.
With respect to Washington, Jefferson was mistaken. His letters show that he did exert himself very zealously to remove the objections of recusant States and statesmen, especially the Virginia leaders who were all numbered among his personal friends.
The following letter to Jonathan Trumbull, of Connecticut, written at Mount Vernon on the 20th of July, 1788, when the final event was pretty certain, evinces the lively interest he took in the progress of affairs and the deep religious feeling of thankfulness with which, as usual, he recognized the hand of Providence in the result:
"You will have perceived from the public papers," he writes, "that I was not erroneous in my calculation, that the constitution would be accepted by the convention of this State. The majority, it is true, was small and the minority respectable in many points of view. But the great part of the minority here, as in most other States, have conducted themselves with great prudence and political moderation, insomuch that we may anticipate a pretty general and harmonious acquiescence. We shall impatiently wait the result from New York and North Carolina. The other State, which has not yet acted, is nearly out of the question.
"I am happy to hear from General Lincoln and others that affairs are taking a good turn in Massachusetts, but the triumph of salutary and liberal measures over those of an opposite tendency seems to be as complete in Connecticut as in any other State, and affords a particular subject of congratulation. Your friend, Colonel Humphreys, informs me from the wonderful revolution of sentiment in favor of Federal measures and the marvelous change for the better in the elections of your State, that he shall begin to suspect that miracles have not ceased. Indeed, for myself, since so much liberality has been displayed in the construction and adoption of the proposed general government, I am almost disposed to be of the same opinion. Or at least we may, with a kind of pious and grateful exultation, trace the finger of Providence through those dark and mysterious events which first induced the States to appoint a general convention and then led them one after another, by such steps as were best calculated to effect the object into an adoption of the system recommended by that general convention, thereby, in all human probability, laying a lasting foundation for tranquility and happiness, when we had but too much reason to fear that confusion and misery were coming rapidly upon us."
North Carolina and Rhode Island did not at first accept the constitution and New York was apparently dragged into it by a repugnance to being excluded from the confederacy. At length the conventions of eleven States assented to and ratified the constitution. When officially informed of this fact, Congress passed an act appointing a day for the people throughout the Union to choose electors of a president of the United States in compliance with the provision in the constitution and another day for the electors to meet and vote for the person of their choice. The choice of electors was to take place in February, 1789, and the electors were to meet and choose a president on the first Wednesday in March following.
A few days before the close of the convention, Washington prepared and submitted a draft of a letter to Congress, which was adopted. The constitution having been duly signed, it was transmitted to Congress, with the letter from the president of the convention.
"IN CONVENTION, September 17, 1787.
"SIR:—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, and 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 for a different organization.
"It is obviously impracticable in the federal government of these States to secure all the 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 circumstance, 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 on 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 and 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 State will doubtless consider, that had her interests alone been consulted, the consequences might have been particularly disagreeable 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.
"With great respect, we Have the honor to be, sir, your Excellency's most obedient and humble servants.
"President.
"By unanimous Order of the Convention.
"His EXCELLENCY THE PRESIDENT OF CONGRESS."
We give this important document in full, as contained in the Supplement to the Journal of the Federal Convention.
We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, 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.
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 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 choose 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 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, 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 choose their other officers, 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.
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, except as to the places of choosing senators.
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 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 a 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, to 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 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 any of the States, now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808, 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.
SECT. 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 its 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 control 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.
SECT. I. 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 any 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 choose, 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, 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 choose from them, by ballot, the vice-president.
The Congress may determine the time of choosing 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 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 increased 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 enters 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."
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, 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.
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.
SECT. 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 behavior; 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 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 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, or forfeiture, except during the life of the person attainted.
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, to be removed to the State having jurisdiction of the crime.
No person held to service or labor 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 labor; but shall be delivered up, on claim of the party to whom such service or labor 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 of the executive (when the legislature cannot be convened), against domestic violence.
The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution; or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths 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 first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.
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 before mentioned, 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.
The ratification of the conventions of nine States shall be sufficient for the establishment of this constitution between the States so ratifying the same.
Done in convention, by the unanimous consent of the States present, the 17th day of September, in the year of our Lord 1787, and of the independence of the United States of America, the twelfth. In witness whereof, we have hereunto subscribed our names.
President, and Deputy from Virginia.
New Hampshire.
Massachusetts.
Connecticut.
New York.
New Jersey.
Pennsylvania.
Delaware.
Maryland.
Virginia.
North Carolina.
South Carolina.
Georgia.
Attest: WILLIAM JACKSON, Secretary.
1. Footnote: "Life of Washington," p. 389.
2. Footnote: "Men and Times of the Revolution, or Memoirs of Elkanah Watson."
3. Footnote: Marshall, "Life of Washington."
4. Footnote: It is a very interesting fact that the proposition in which the Convention that formed the Constitution originated should have been made at Mount Vernon, in Washington's presence, if not by himself. As Faneuil Hall is called the Cradle of Liberty, Mount Vernon may be regarded as the Cradle of the Constitution.
5. Footnote: The occasion and effect of this insurrection, commonly called Shay's Rebellion, are thus described by a recent writer. The jealousy felt toward the statesmen of the Republic, or toward the upper by the middle class—if the terms may be allowed—was likely to operate fatally in marring the project of a Constitution, and rendering any innovation for the purpose impracticable; since the dissentient States were resolved not to choose delegates, or accede to the desire of Virginia.
These democratic opinions of the middle classes, however, and the resolutions founded upon them, were eventually shaken and overturned by the extreme to which they were carried by the lower orders. These were no sooner inspired by the same political feelings, than, after their fashion, they rose in insurrection; bade defiance not only to Congress, but to the State authorities themselves; and, collecting in armed bands, threatened to effect a serious revolution by taking law and property into their own hands. The New England States, principally Massachusetts, were the scenes of these disorders, which took place toward the close of 1786.
A body of 2,000 men, assembled in the northwestern region of the State, chose one of their number, Daniel Shay, for leader. They asked for suspension of taxes, and the remission of paper money; but it was known that their favorite scheme was that of an agrarian law—a general division of property. Respectable classes were, of course, thrown into alarm; Congress recovered a portion of that vigor which had marked it during the war; troops were dispatched, under General Lincoln and other officers, against the insurgents; and the citizens of the New England towns forgot their late jealousy of the military so far as to join them in the task of putting down their domestic foes. Funds were raised by private subscription to supply the emptiness of the public treasury; and an efficient force was enabled to march, in the midst of winter, against the insurgents, who were soon dispersed and reduced.
The rebellion thus suppressed was productive of the most salutary result. The middle classes, terrified at the exaggeration of their own doctrines, and at the risk of exciting the mob as supporters, rallied universally to the support of Congress.
Jealousy of those above was counterbalanced by fear of those below; and the majority of the State Legislatures was brought to coincide with the views of the Federal statesmen. Convinced by late experience of the necessity of an established and general government, even for purposes of domestic security, the hitherto refractory States named, without hesitation, their delegates to the appointed convention for forming a constitution. Rhode Island alone refused.
6. Footnote: Sparks, "Writings of Washington."
7. Footnote: George Ticknor Curtis, "History of the Constitution of the United States."