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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
  
  
  
  
  
  
  

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Monday Sepr. 17. 1787. in Convention
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Monday Sepr. 17. 1787. in Convention

The engrossed Constitution being read.

Docr. Franklin rose with a speech in his hand, which


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he had reduced to writing for his own conveniency,
and which Mr. Wilson read in the words following.

Mr. 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


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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

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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 17th. of Sepr. &c.—In witness whereof we
have hereunto subscribed our names."

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

Mr. Gorham said if it was not too late he could


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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.

Mr. King & Mr. Carrol seconded & supported the
ideas of Mr. 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.[103]


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No opposition was made to the proposition of Mr.
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.

Mr. Randolph then rose and with an allusion to the
observations of Docr. 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.

Mr. Govr. 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


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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.

Mr. 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[104] 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.

Mr. 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.

Mr. Blount[105] 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


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without committing himself attest the fact that the
plan was the unanimous act of the States in Convention.

Docr. Franklin expressed his fears from what Mr.
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 Mr. 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.

Mr. 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.

Mr. Gerry described the painful feelings of his situation,
and the embarrassments under which he rose


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to offer any further observations on the subject wch.
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 Docr. Franklin, he could not he
said but view them as levelled at himself and the
other gentlemen who meant not to sign.

Genl 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


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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.

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

Mr. Ingersol[106] 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.

On the motion of Docr. Franklin

N. H. ay. Mas. ay. Ct. ay. N. J. ay. Pa. ay.
Del. ay. Md. ay. Va. ay. N. C. ay. S. C. divd[107] . Geo.
ay.

Mr. 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.

Mr. Wilson preferd the second expedient, he had
at one time liked the first best; but as false suggestions


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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. Mus. ay. C$ ay. N. J. ay. Pena, ay.
Del. ay. Md. no[108] . Va. ay. N. C. ay. S. C. ay.
Geo. ay[109] .

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 Doctr.
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


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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 Mr. Randolph, Mr. Mason and Mr. Gerry, who
declined giving it the sanction of their names, the
Convention dissolved itself by an Adjournment sine
die[110]

[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.


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Page 484

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


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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.


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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


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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


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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


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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;


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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,


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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.


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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,


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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


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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


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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."


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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


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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


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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.


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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


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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.

Section. 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.

Article. V.

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 One
thousand eight hundred and eight 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 it's equal Suffrage
in the Senate.


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Article. 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 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.

Article. 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.

 

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The Word, "the," being interlined
between the seventh
and eighth Lines of the first 
done in Convention by the
Unanimous consent of the
States present the Seventeenth 
Page, The Word "Thirty"
being partly written on an
Erazure in the fifteenth
Line of the first Page, The
Words "is tried" being interlined
between the thirty
second and thirty third
Lines of the first Page and
the Word "the" being interlined
between the forty
third and forty fourth Lines
of the second Page. 
Day of September in
the Year of our Lord one
thousand seven hundred and
Eighty seven and of the
Independence of the United
States of America the Twelfth
In witness whereof We have
hereunto subscribed our
Names, 

Attest William Jackson Secretary

Go:Washington—Presidt.
and deputy from Virginia

           

503

Page 503
           
New Hampshire  John Langdon
Nicholas Gilman
 
Massachusetts  Nathaniel Gorham
Rufus King
 
Connecticut  WM: Saml. Johnson
Roger Sherman
 
New York  Alexander Hamilton 
New Jersey  Wil: Livingston
David Brearley.
Wm: Paterson.
Jona: Dayton
 
Pennsylvania  B Franklin
Thomas Mifflin
Robt Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
 
Delaware  Geo: Read
Gunning Bedford
jun
John Dickinson
Richard Bassett
Jaco: Broom
 
Maryland  James McHenry
Dan of St Thos. Jenifer
Danl Carroll.
 
Virginia  John Blair—
James Madison
Jr. 
North Carolina  Wm.. Blount
Richd. Dobbs Spaight.
Hu Williamson
 
South Carolina  J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler.
 
Georgia  William Few
Abr Baldwin
 
 
[103]

This was the only occasion on which the President entered at all
into the discussions of the Convention.—Madison's note.

[104]

He alluded to Mr. Biount for one.—Madison's note.

[105]

"Mr. Biount 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.

[106]

"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.

[107]

Gen! Pinkney & Mr Butler disliked the equivocal form of the signing,
and on that account voted in the negative.—Madison's note.

[108]

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.

[109]

"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: "Majwm. Jackson 17th. Sep. 1787"
—Wash. MSS.

[110]

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.