ART. III.--It is agreed, that the people of the United States shall

continue to enjoy, unmolested, the right to take fish of every kind on

the Great Bank, and on all the other banks of Newfoundland; also in

the Gulf of St. Lawrence, and at all other places in the sea where the

inhabitants of both countries used at any time heretofore to fish; and

also that the inhabitants of the United States shall have liberty to

take fish of every kind on such part of the coast of Newfoundland as

British fishermen shall use (but not to dry or cure the same on that

island), and also on the coasts, bays, and creeks of all other of

his Britannic majesty's dominions in America; and that the American

fishermen shall have liberty to dry and cure fish in any of the

unsettled bays, harbors, and creeks of Nova Scotia, Magdalen Islands,

and Labrador, so long as the same shall remain unsettled; but as soon as

the same shall be settled, it shall not be lawful for the said fishermen

to dry or cure fish at such settlement, without a previous agreement

for that purpose with the inhabitants, proprietors, or possessors of the

ground.

ART. IV.--It is agreed, that the creditors, on either side, shall meet

with no lawful impediment to the recovery of the full value in sterling

money of all _bona fide_ debts heretofore contracted.

ART. V.--It is agreed, that Congress shall earnestly recommend it to the

legislatures of the respective States, to provide for the restitution

of all estates, rights, and properties, which have been confiscated,

belonging to real British subjects; and also of the estates, rights,

and properties of persons resident in districts in the possession of his

majesty's arms, and who have not borne arms against the United States;

and that persons of any other description shall have free liberty to go

to any part or parts of any of the thirteen United States, and therein

to remain twelve months unmolested in their endeavors to obtain the

restitution of such of their estates, rights, and properties as may have

been confiscated; and that Congress shall also earnestly recommend to

the several States a reconsideration and revision of all acts or laws

regarding the premises, so as to render the said laws or acts perfectly

consistent, not only with justice and equity, but with that spirit of

conciliation which, on the return of the blessings of peace, should

invariably prevail; and that Congress shall also earnestly recommend

to the several States, that the estates, rights, and properties of such

last-mentioned persons shall be restored to them, they refunding to any

persons who may be now in possession, the _bona fide_ price (where any

has been given) which such persons may have paid on purchasing any of

the said lands, rights, or properties, since the confiscation. And it

is agreed, that all persons who have any interest in confiscated lands,

either by debts, marriage settlements, or otherwise, shall meet with no

lawful impediment in the prosecution of their just rights.

ART. VI.--That there shall be no future confiscations made, nor any

prosecutions commenced against any person or persons, for or by reason

of the part which he or they may have taken in the present war; and that

no person shall on that account suffer any future loss or damage,

either in his person, liberty, or property; and that those who may be

in confinement on such charges, at the time of the ratification of

the treaty in America, shall be immediately set at liberty, and the

prosecutions so commenced be discontinued.

ART. VII.--There shall be a firm and perpetual peace between his

Britannic majesty and the said United States, and between the subjects

of the one and the citizens of the other; wherefore all hostilities,

both by sea and land, shall from henceforth cease; all prisoners, on

both sides, shall be set at liberty; and his Britannic majesty shall,

with all convenient speed, and without causing any destruction, or

carrying away any negroes or other property of the American inhabitants,

withdraw all his armies, garrisons, and fleets from the said United

States, and from every post, place, and harbor within the same, leaving

in all fortifications the American artillery that may be therein; and

shall also order and cause all archives, records, deeds, and papers

belonging to any of the said States, or their citizens, which in the

course of the war may have fallen into the hands of his officers, to be

forthwith restored, and delivered to the proper States and persons to

whom they belong.

ART. VIII.--The navigation of the river Mississippi, from its source to

the ocean, shall forever remain free and open to the subjects of Great

Britain and the citizens of the United States.

Art. IX.--In case it should so happen that any place or territory,

belonging to Great Britain or to the United States, should have been

conquered by the arms of either from the other, before the arrival of

the said provisional articles in America, it is agreed that the

same shall be restored without difficulty and without requiring any

compensation.

Art. X.--The solemn ratifications of the present treaty, expedited in

good and due form, shall be exchanged between the contracting parties in

the space of six months, or sooner, if possible, to be computed from the

day of the signature of the present treaty.

1. Footnote: C. J. Peterson, "History of the Navy of the United States."

2. Footnote: Gordon thus notices the settlement of Washington's accounts

with the government.

3. Footnote: Two hundred guineas advanced to General M'Dougat are not

included in the £1982 10, not being yet settled, but included in some of

the other charges, and so reckoned in the general sum.

4. Footnote: 104,364, of the dollars were received after March, 1780,

and although credited forty for one, many did not fetch at the rate of

a hundred for one, while 27,775 of them are returned without deducting

anything from the above account (and therefore actually made a present

to the public).

* * * * *

PART V. WASHINGTON A PRIVATE CITIZEN.

CHAPTER I.

WASHINGTON'S RETURN TO PRIVATE LIFE. 1783-1784.

When Washington retired from the command of the army it was undoubtedly

his intention to devote the remainder of his life to his favorite

pursuit of agriculture. His estate had suffered considerably from his

devotion to public duties, and his private affairs now demanded all his

attention. The Supreme Executive Council of Pennsylvania instructed the

delegates of that State in Congress to propose a public remuneration for

his services, but when the proposition was submitted for his approbation

he promptly declined it. This was in strict consistency with his uniform

character of disinterestedness. A liberal grant would have been voted by

Congress and sanctioned by the nation, but Washington would not consent

to receive it.

His feelings on finding himself a private citizen are expressed in his

correspondence. In a letter to Governor Clinton, written only three

days after his arrival at Mount Vernon, he says: "The scene is at length

closed. I feel myself eased of a load of public care and hope to spend

the remainder of my days in cultivating the affections of good men, and

in the practice of the domestic virtues."

"At length, my dear marquis," said he to his noble and highly-valued

friend, Lafayette, "I have become a private citizen on the banks of the

Potomac, and under the shadow of my own vine and my own fig tree, free

from the bustle of a camp and the busy scenes of public life, I am

solacing myself with those tranquil enjoyments of which the soldier,

who is ever in pursuit of fame--the statesman, whose watchful days and

sleepless nights are spent in devising schemes to promote the welfare

of his own, perhaps the ruin of other countries, as if this globe was

insufficient for us all--and the courtier, who is always watching the

countenance of his prince in the hope of catching a gracious smile--can

have very little conception. I have not only retired from all public

employments, but am retiring within myself, and shall be able to view

the solitary walk and tread the paths of private life with heartfelt

satisfaction. Envious of none I am determined to be pleased with all,

and this, my dear friend, being the order of my march, I will move

gently down the stream of life until I sleep with my fathers."

But a mind accustomed to labor for a nation's welfare does not

immediately divest itself of ancient habits. That custom of thinking on

public affairs, and that solicitude respecting them, which belong to the

patriot in office, follow him into his retreat. In a letter to General

Knox, written soon after his resignation, Washington thus expressed the

feelings attendant upon this sudden transition from public to private

pursuits. "I am just beginning to experience the ease and freedom from

public cares, which however desirable, takes some time to realize, for,

strange as it may seem, it is nevertheless true that it was not until

lately I could get the better of my usual custom of ruminating, as soon

as I awoke in the morning, on the business of the ensuing day, and of my

surprise at finding, after revolving many things in my mind, that I was

no longer a public man or had anything to do with public transactions.

I feel now, however, as I conceive a wearied traveler must do who, after

treading many a painful step with a heavy burden on his shoulders, is

eased of the latter, having reached the haven to which all the former

were directed, and from his house-top is looking back and tracing with

an eager eye the meanders by which he escaped the quicksands and mires

which lay in his way, and into which none but the all-powerful Guide and

Dispenser of human events could have prevented his falling."

For several months after arriving at Mount Vernon, almost every day

brought him the addresses of an affectionate and grateful people. The

glow of expression in which the high sense universally entertained

of his services was conveyed, manifested the warmth of feeling which

animated the American bosom. This unexampled tribute of voluntary

applause, paid by a whole people to an individual no longer in power,

made no impression on the unassuming modesty of his character and

deportment. The same firmness of mind, the same steady and well-tempered

judgment, which had guided him through the most perilous seasons of the

war, still regulated his conduct, and the enthusiastic applauses of an

admiring nation served only to cherish sentiments of gratitude and to

give greater activity to the desire still further to contribute to the

general prosperity.

Soon after peace was proclaimed Congress unanimously passed a resolution

for the erection of an equestrian statue of Washington, at the place

which should be established for the residence of the government.

The Legislature of Virginia, too, at its first session after his

resignation, passed the following resolution:

"Resolved, That the Executive be requested to take measures for

procuring a statue of General Washington, to be of the finest marble and

best workmanship, with the following inscription on its pedestal:

"The General Assembly of the Commonwealth of Virginia have caused this

statue to be erected as a monument of affection and gratitude to George

Washington, who, uniting to the endowments of the hero, the virtues

of the patriot, and exerting both in establishing the liberties of his

country, has rendered his name dear to his fellow-citizens, and given

the world an immortal example of true glory." [5]

In addition to the attention which he bestowed on his own estate

Washington endeavored to ameliorate the condition of agriculture

generally. Nothing could be more wretched than the general state of this

useful art in America. To its amelioration by examples which might be

followed, and by the introduction of systems adapted to the soil, the

climate, and to the wants of the people, the energies of his active and

intelligent mind were now in a great degree directed. No improvement

of the implements to be used on a farm, no valuable experiments in

husbandry, escaped his attention. His inquiries, which were equally

minute and comprehensive, extended beyond the limits of his own country,

and he entered into a correspondence on this interesting subject with

Arthur Young, the celebrated English writer, and with other foreigners

who had been most distinguished for their additions to the stock of

agricultural science.

Mingled with this favorite pursuit were the multiplied avocations

resulting from the high office he had lately filled. He was engaged in

an extensive correspondence with the friends most dear to his heart--the

foreign and American officers who had served under him during the late

war--and with almost every conspicuous political personage of his own,

and with many of other countries. Literary men also were desirous

of obtaining his approbation of their works, and his attention was

solicited to every production of American genius. His countrymen who

were about to travel were anxious to receive from the first citizen of

the rising Republic, some testimonial bearing his signature, and all

those strangers of distinction, who visited this newly-created empire,

were ambitious of being presented to its founder. In addition to

visitors of distinction, and those who had claims of ancient friendship,

he was subjected to the annoyance of visitors, who, without any just

pretension to such an honor, made visits to Mount Vernon merely to

gratify their curiosity, and to the scarcely less wearisome annoyance of

tedious and unnecessary letters. Of these unwelcome intrusions upon his

time Washington thus complained to an intimate military friend. "It is

not, my dear sir, the letters of my friends which give me trouble or add

aught to my perplexity. I receive them with pleasure, and pay as much

attention to them as my avocations will permit. It is references to old

matters with which I have nothing to do--applications which oftentimes

cannot be complied with--inquiries, to satisfy which would employ the

pen of an historian--letters of compliment, as unmeaning perhaps as they

are troublesome, but which must be attended to--and the common-place

business--which employ my pen and my time often disagreeably. Indeed

these, with company, deprive me of exercise, and, unless I can obtain

relief, must be productive of disagreeable consequences. Already I begin

to feel their effects. Heavy and painful oppressions of the head

and other disagreeable sensations often trouble me. I am determined

therefore to employ some person who shall ease me of the drudgery of

this business. At any rate, if the whole of it is thereby suspended,

I am determined to use exercise. My private affairs also require

infinitely more attention than I have given or can give them under

present circumstances. They can no longer be neglected without involving

my ruin."

It was some time after the date of this letter before he introduced into

his family a young gentleman, qualified by education and manners to fill

the station of private secretary and friend. This was Mr. Tobias Lear of

New Hampshire, who had graduated at Harvard college.

The numerous visits which Washington received made Mount Vernon anything

but a place of seclusion and repose, and "during these stirring times

Mrs. Washington performed the duties of a Virginia housewife and

presided at her well-spread board with that ease and elegance of manners

which always distinguished her." [2]

This multiplicity of private avocations could not entirely withdraw the

mind of Washington from objects tending to promote and secure the public

happiness. His resolution never again to appear in the busy scenes of

political life, though believed by himself and by his bosom friends to

be unalterable, could not render him indifferent to those measures on

which the prosperity of his country essentially depended.

It is a very interesting fact that Washington was among the first,

if not the very first of our public men, who were impressed with the

importance of connecting the western with the eastern territory, by

facilitating the means of intercourse between them. To this subject his

attention had been directed in the early part of his life. While the

American States were yet British colonies he had obtained the passage

of a bill for opening the Potomac so as to render it navigable from

tide-water to Wills creek, a distance of about 150 miles. The river

James had also been comprehended in this plan, and he had triumphed so

far over the opposition produced by local interests and prejudices,

that the business was in a train which promised success, when the

Revolutionary War diverted the attention of its patrons, and of all

America, from internal improvements to the still greater objects of

liberty and independence. As that war approached its termination,

subjects which for a time had yielded their pretensions to

consideration, reclaimed that place to which their real magnitude

entitled them, and internal navigation again attracted the attention of

the wise and thinking part of society. Accustomed to contemplate America

as his country and to consider with solicitude the interests of the

whole, Washington now took a more enlarged view of the advantages to be

derived from opening both the eastern and the western waters; and for

this, as well as for other purposes, after peace had been proclaimed,

he traversed the western parts of New England and New York. "I have

lately," said he, in a letter to the Marquis of Chastellux, "made a

tour through the lakes George and Champlain as far as Crown Point;

then returning to Schenectady I proceeded up the Mohawk river to Fort

Schuyler, crossed over to Wood creek, which empties into the Oneida lake

and affords the water communication with Ontario. I then traversed the

country to the head of the eastern branch of the Susquehanna and viewed

the lake Otsego and the portage between that lake and the Mohawk river

at Canajoharie. Prompted by these actual observations, I could not

help taking a more contemplative and extensive view of the vast inland

navigation of these United States, and could not but be struck with the

immense diffusion and importance of it, and with the goodness of that

Providence which has dealt His favors to us with so profuse a hand.

Would to God we may have wisdom enough to improve them. I shall not rest

contented until I have explored the western country and traversed those

lines (or great part of them) which have given bounds to a new empire."

The journey here referred to was performed in company with Governor

Clinton while the army was encamped at Newburg.

Scarcely had he answered those spontaneous offerings of the heart which

flowed in upon him from every part of a grateful nation, when his views

were once more seriously turned to this truly interesting subject. Its

magnitude was also impressed on others, and the value of obtaining the

aid which his influence and active interference would afford to any

exertions for giving this direction to the public mind, and for securing

the happy execution of the plan which might be devised, was perceived by

all those who attached to the great work its real importance. Jefferson,

who had taken an expanded view of it concluded a letter to Washington

containing a detailed statement of his ideas on the subject in these

terms:

"But a most powerful objection always arises to propositions of this

kind. It is, that public undertakings are carelessly managed and much

money spent to little purpose. To obviate this objection is the purpose

of my giving you the trouble of this discussion. You have retired

from public life. You have weighed this determination, and it would be

impertinence in me to touch it. But would the superintendence of this

work break in too much on the sweets of retirement and repose? If they

would I stop here. Your future time and wishes are sacred in my eye. If

it would be only a dignified amusement to you, what a monument of your

retirement would it be! It is one which would follow that of your public

life and bespeak it the work of the same great hand. I am confident that

would you, either alone or jointly with any persons you think proper, be

willing to direct this business, it would remove the only objection, the

weight of which I apprehend."

In September, 1784, Washington fulfilled the intention expressed in his

letter to the Marquis of Chastellux, by making a tour to the western

country. He went on horseback, using pack-horses for his tent and

baggage. He crossed the Alleghenies by Braddock's road, examined his

lands on the Monongahela river, and returned through the wilderness by

a circuitous route, examining the country in order to determine the

practicability of connecting the Potomac and James rivers with the

western waters by means of canals. The whole journey extended some 680

miles. [3]

After returning from this tour Washington's first moments of leisure

were devoted to the task of engaging his countrymen in a work which

appeared to him to merit still more attention from its political than

from its commercial influence on the Union. In a long and interesting

letter to Mr. Harrison then Governor of Virginia, he detailed the

advantages which might be derived from opening the great rivers, the

Potomac and the James, as high as should be practicable. After stating,

with his accustomed exactness, the distances and the difficulties to be

surmounted in bringing the trade of the west to different points on

the Atlantic, he expressed unequivocally the opinion that the rivers of

Virginia afforded a more convenient and a more direct course than could

be found elsewhere for that rich and increasing commerce. This was

strongly urged as a motive for immediately commencing the work. But

the rivers of the Atlantic constituted only a part of the great plan he

contemplated. He suggested the appointment of commissioners who should,

after an accurate examination of the James and the Potomac, search out

the nearest and best portages between those waters and the streams which

run into the Ohio. Those streams were to be accurately surveyed,

the impediments to their navigation ascertained, and their relative

advantages examined. The navigable waters west of the Ohio toward the

great lakes were also to be traced to their sources and those which

emptied into the lakes to be followed to their mouths. "These things

being done, and an accurate map of the whole presented to the public, he

was persuaded that reason would dictate what was right and proper." For

the execution of this latter part of his plan he had also much reliance

on Congress, and, in addition to the general advantages to be drawn from

the measure, he labored in his letters to the members of that body to

establish the opinion that the surveys he recommended would add to the

revenue by enhancing the value of the lands offered for sale. "Nature,"

he said, "had made such an ample display of her bounties in those

regions that the more the country was explored the more it would rise in

estimation."

The assent and cooperation of Maryland being indispensable to the

improvement of the Potomac, he was equally earnest in his endeavors to

impress a conviction of its superior advantages on those individuals

who possessed most influence in that State. In doing so he detailed

the measures which would unquestionably be adopted by New York and

Pennsylvania for acquiring the monopoly of the western commerce, and the

difficulty which would be found in diverting it from the channel it had

once taken. "I am not," he added, "for discouraging the exertions of any

State to draw the commerce of the western country to its seaports. The

more communications we open to it the closer we bind that rising world

(for indeed it may be so called) to our interests, and the greater

strength shall we acquire by it. Those to whom nature affords the best

communication will, if they are wise, enjoy the greatest share of the

trade. All I would be understood to mean, therefore, is, that the gifts

of Providence may not be neglected."

But the light in which this subject would be viewed with most interest

and which gave to it most importance, was its political influence on

the Union. "I need not remark to you, sir," said he, in his letter to

Governor Harrison of Virginia, "that the flanks and rear of the United

States are possessed by other powers--and formidable ones, too: nor need

I press the necessity of applying the cement of interest to bind all

parts of the Union together by indissoluble bonds--especially of binding

that part of it which lies immediately west of us to the middle States.

For what ties, let me ask, should we have upon those people? How

entirely unconnected with them shall we be, and what troubles may we

not apprehend if the Spaniards on their right and Great Britain on

their left, instead of throwing impediments in their way as they now

do, should hold out lures for their trade and alliance? When they get

strength, which will be sooner than most people conceive, what will be

the consequence of their having formed close commercial connections with

both or either of those powers, it needs not, in my opinion, the gift of

prophecy to foretell."

This idea was enlarged and pressed with much earnestness in his letters

to several members of Congress.

The letter to Governor Harrison was communicated to the Assembly of

Virginia, and the internal improvements it recommended were zealously

supported by the wisest members of that body. While the subject remained

undecided, Washington, accompanied by Lafayette, who had crossed the

Atlantic and had arrived at Mount Vernon on the 17th of August, paid a

visit to the capital of the State. Never was reception more cordial

or more demonstrative of respect and affection than was given to

these beloved personages. But amidst the display of addresses and of

entertainments which were produced by the occasion, the great business

of internal improvements was not forgotten, and the ardor of the moment

was seized to conquer those objections to the plan which yet lingered

in the bosoms of members who could perceive in it no future advantage to

compensate for the present expense.

An exact conformity between the acts of Virginia and of Maryland being

indispensable to the improvement of the Potomac, a resolution was passed

soon after the return of Washington to Mount Vernon, requesting him to

attend the Legislature of Maryland, in order to agree on a bill which

might receive the sanction of both States. This agreement being happily

completed, the bills were passed, and thus began that grand system of

internal improvement by which the eastern portion of the Union is bound

to the west. Canals and portages were the forerunners of the railroads

by which every part of the country is now traversed, and the whole

Republic is firmly united in bonds of mutual intercourse, which, it is

fondly hoped will prove perpetual.

The Legislature of Virginia seized the occasion afforded by the passage

of these acts to signalize the affection and gratitude of the State

towards her favorite son. A bill was drafted by Mr. Madison, the

preamble of which was in the following words:

"Whereas, it is the desire of the representatives of this commonwealth

to embrace every suitable occasion of testifying their sense of the

unexampled merits of George Washington, Esquire, toward his country,

and it is their wish in particular that those great works for its

improvement, which, both as springing from the liberty which he has been

so instrumental in establishing and as encouraged by his patronage will

be durable monuments of his glory, may be made monuments also of the

gratitude of his country. Be it enacted, &c."

By this bill the treasurer was instructed to subscribe, in behalf of

the State, for a specified number of shares in each company. Just at

the close of the session, when no refusal of their offer could be

communicated to them, a bill was suddenly brought in which received the

unanimous assent of both houses, authorizing the treasurer to subscribe

for the benefit of Washington the same number of shares in each company

as were to be taken for the State. The actual value of the shares was

$40,000.

Washington was greatly embarrassed by this mark of gratitude. It

afforded him pleasure to see that his character and services were

appreciated by his fellow-citizens. But he would not depart from his

determination to receive no pecuniary reward for his public services.

To Madison, who conveyed to him the first intelligence of this bill, his

difficulties were thus expressed:

"It is not easy for me to decide by which my mind was most affected upon

the receipt of your letter of the sixth instant--surprise or gratitude.

Both were greater than I had words to express. The attention and good

wishes which the Assembly has evinced by their act for vesting in me 150

shares in the navigation of the rivers Potomac and James, is more

than mere compliment--there is an unequivocal and substantial meaning

annexed. But, believe me, sir, no circumstance has happened since I left

the walks of public life which has so much embarrassed me. On the one

hand, I consider this act, as I have already observed, as a noble and

unequivocal proof of the good opinion, the affection, and disposition

of my country to serve me, and I should be hurt, if, by declining the

acceptance of it my refusal should be construed into disrespect or the

smallest slight upon the generous intention of the legislature, or that

an ostentatious display of disinterestedness of public virtue was the

source of refusal.

"On the other hand, it is really my wish to have my mind and my actions,

which are the result of reflection as free and independent as the air,

that I may be more at liberty (in things which my opportunities

and experience have brought me to the knowledge of) to express my

sentiments, and, if necessary, to suggest what may occur to me under the

fullest conviction that, although my judgment may be arraigned, there

will be no suspicion that sinister motives had the smallest influence

in the suggestion. Not content then with the bare consciousness of

my having in all this navigation business, acted upon the clearest

conviction of the political importance of the measure, I would wish that

every individual who may hear that it was a favorite plan of mine,

may know also, that I had no other motive for promoting it than the

advantage of which I conceived it would be productive to the Union at

large and to this State in particular, by cementing the eastern and

western territory together, at the same time that it will give vigor and

increase to our commerce and be a convenience to our citizens."

At length he determined, in the same letter which should convey his

resolution not to retain the shares for his private emolument,

to signify his willingness to hold them in trust for such public

institution as the Legislature should approve. The following letter

conveyed this resolution to the General Assembly through the governor of

the State:

OCTOBER, 1785.

"SIR:--Your Excellency having been pleased to transmit me a copy of

the act appropriating to my benefit certain shares in the companies for

opening the navigation of James and Potomac rivers, I take the liberty

of returning to the General Assembly, through your hands, the profound

and grateful acknowledgments inspired by so signal a mark of their

beneficent intentions towards me. I beg you, sir, to assure them that

I am filled on this occasion with every sentiment which can flow from

a heart warm with love for my country, sensible to every token of its

approbation and affection, and solicitous to testify in every instance a

respectful submission to its wishes.

"With these sentiments in my bosom, I need not dwell on the anxiety I

feel in being obliged, in this instance, to decline a favor which is

rendered no less flattering by the manner in which it is conveyed,

than it is affectionate in itself. In explaining this I pass over

a comparison of my endeavors in the public service, with the many

honorable testimonies of approbation which have already so far

overrated, and overpaid them--reciting one consideration only, which

supersedes the necessity of recurring to every other.

"When I was first called to the station with which I was honored during

the late conflict for our liberties, to the diffidence which I had so

many reasons to feel in accepting it, I thought it my duty to join a

firm resolution to shut my hand against every pecuniary recompense. To

this resolution I have invariably adhered, and from it (if I had the

inclination) I do not consider myself at liberty now to depart.

"Whilst I repeat therefore my fervent acknowledgments to the Legislature

for their very kind sentiments and intentions in my favor, and at the

same time beg them to be persuaded that a remembrance of this singular

proof of their goodness towards me will never cease to cherish returns

of the warmest affection and gratitude, I must pray that their act, so

far as it has for its object my personal emolument, may not have its

effect; but if it should please the General Assembly to permit me to

turn the destination of the fund vested in me, from my private emolument

to objects of a public nature, it will be my study, in selecting these,

to prove the sincerity of my gratitude for the honor conferred upon me,

by preferring such as may appear most subservient to the enlightened and

patriotic views of the Legislature."

The wish suggested in this letter immediately received the sanction

of the Legislature, and at a subsequent time the trust was executed

by conveying the shares respectively to the use of a seminary of

learning--which is now called Washington college, and to a university

to be established in the District of Columbia, under the auspices of the

government.

Washington felt too strong an interest in the success of these works to

refuse the presidency of the companies instituted for their completion.

In conducting the affairs of the Potomac company, he took an active

part; to that formed for opening the navigation of the James, he could

only give his counsel.

While Washington was at Richmond attending to the interests of internal

navigation he had been joined by Lafayette, who, since his recent visit

to Mount Vernon, had accompanied the commissioners to Fort Schuyler to

make a treaty with the Indians, and had assisted on that occasion.

He had subsequently made a tour in the eastern States, where he was

received with much distinction and he was now on his return to pay a

farewell visit to Washington at Mount Vernon.

He remained only a week at Mount Vernon. Washington accompanied him

to Annapolis, where Lafayette was honored with a public reception

and address by the Legislature of Maryland, and there, on the 30th of

November, 1784, these distinguished men took leave of each other. From

Annapolis Lafayette proceeded to Trenton, where Congress was then in

session, and on Christmas day he embarked at New York for France in the

frigate Nymphe. The following is an extract from a letter written by

Washington to Lafayette on his return to Mount Vernon:

"The peregrination of the day in which I parted from you ended at

Maryborough. The next day, bad as it was, I got home before dinner.

"In the moment of separation, upon the road as I traveled, and every

hour since, I have felt all that love, respect, and attachment for

you, with which length of years, close connection, and your merits have

inspired me. I often asked myself, as our carriages separated, whether

that was the last sight I ever should have of you? And though I wished

to say No, my fears answered Yes. I called to mind the days of my youth,

and found they had long since fled to return no more; that I was now

descending the hill I had been fifty-two years climbing, and that,

though I was blest with a good constitution, I was of a short-lived

family, and might soon expect to be entombed in the mansion of my

fathers. These thoughts darkened the shades, and gave a gloom to the

picture, and consequently to my prospect of seeing you again. But I will

not repine; I have had my day.

"Nothing of importance has occurred since I parted with you. I found my

family well, and am now immersed in company; notwithstanding which, I

have in haste produced a few more letters to give you the trouble of,

rather inclining to commit them to your care, than to pass them through

many and unknown hands."

Among the letters referred to in the above extract was one to the

Marchioness de Lafayette and another to her little daughter. In the

former he writes: "The Marquis returns to you with all the warmth and

ardor of a newly-inspired lover. We restore him to you in good health,

crowned with wreaths of love and respect from every part of the Union."

1. Footnote: This statue was executed by Houdon, and stands in the

capitol at Richmond. It is in the costume of commander-in-chief of

the army, and is considered an excellent likeness. Another statue

of Washington, by Canova, was in the Roman costume, and in a sitting

posture. It was made for the State of North Carolina, and was

unfortunately destroyed when the capitol was burnt. Another statue

stands in the statehouse at Boston. It was the result of a private

subscription. A fourth, by Greenough, adorns the grounds of the capitol

at Washington.

2. Footnote: Custis, "Memoir of Martha Washington."

3. Footnote: Sparks.

CHAPTER II.

WASHINGTON PRESIDES AT THE FORMATION OP THE CONSTITUTION. 1785-1788.

On first retiring to Mount Vernon (1785), Washington had devoted his

attention to the restoration of his estate to that high condition

of order and productiveness which had been maintained under his own

personal superintendence previous to the war. During his absence of

nine years he had constantly corresponded with his manager and given

particular directions respecting its cultivation. But it had suffered

much in his absence, and he was determined to renovate it by assiduous

care. He gave up the cultivation of tobacco because it had a tendency

to exhaust the soil, and planted wheat in its stead, giving attention at

the same time to the production of grass, maize, potatoes, and oats, and

pursuing the system of rotation in crops now considered so indispensable

by intelligent farmers.

When this system was well established he commenced planting and adorning

with trees the grounds surrounding the mansion-house. His diary shows

that he paid great attention to this object, directing the setting out

of a great number and variety of ornamental trees, some of them being

obtained in the neighboring woods and others brought from a great

distance. He also replenished his gardens, orchards, and green-houses

with choice fruits and flowers which were confided to the care of

skilful gardeners.

Meantime the number of guests entertained at Mount Vernon was ever on

the increase. Many were known to have crossed the Atlantic for the sole

purpose of visiting the founder of the Republic. Among these was Mrs.

Catharine Macauley Graham. By the principles contained in her "History

of the Stuarts," this lady had acquired much reputation in republican

America and by all was received with marked attention. She was cordially

received at Mount Vernon, and, if her letters may be credited, the

exalted opinion she had formed of its proprietor was "not diminished by

a personal acquaintance with him."

The French military and naval officers, Lafayette, Rochambeau,

D'Estaing, and others, gave letters of introduction to be presented to

Washington by their friends whenever any of them came to America, and

those letters were always duly honored by hospitable attentions to those

who bore them. His own compatriots were still more numerous and more

assiduous in attention to the retired commander. Officers who had

served with him in the old French war and in the Revolution, members of

Congress, politicians, and magistrates from distant States, were among

the guests at Mount Vernon; so that Washington's time would thus have

been completely taken up but for the efficient aid which he received

in discharging the duties of hospitality from the ease, urbanity, and

excellent management of his accomplished lady.

"His habits," says Mr. Sparks, "were uniform and nearly the same as they

had been previously to the war. He arose before the sun and employed

himself in his study writing letters or reading till the hour of

breakfast. When breakfast was over his horse was ready at the door, and

he rode to his farms and gave directions for the day to the managers

and laborers. Horses were likewise prepared for his guests whenever they

chose to accompany him, or to amuse themselves by excursions into the

country. Returning from his fields and dispatching such business as

happened to be on hand, he went again to his study, and continued there

till 3 o'clock, when he was summoned to dinner. The remainder of the day

and the evening were devoted to company or to recreation in the family

circle. At 10 he retired to rest. From these habits he seldom deviated

unless compelled to do so by particular circumstances." [1]

In a delightful memoir [2] of his own life and times by Mr. Elkanah

Watson, we find the following interesting notice of Washington at home,

and we also learn what subject chiefly occupied his thoughts at the time

of which we are writing:

"I had feasted my imagination for several days," says Mr. Watson, "on

the near prospect of a visit to Mount Vernon--the seat of Washington. No

pilgrim ever approached Mecca with deeper enthusiasm. I arrived there

on the afternoon of January 23d, 1785. I was the bearer of a letter from

General Greene, with another from Colonel Fitzgerald, one of the former

aides of Washington, and also the books from Granville Sharpe. Although

assured that these credentials would secure me a respectful reception,

I felt an unaccountable diffidence as I came into the presence of the

great man. I found him at table with Mrs. Washington and his private

family, and was received with the native dignity and urbanity so

peculiarly combined in the character of a soldier and eminent private

gentleman. He soon put me at ease, by unbending in a free and affable

conversation.

"The cautious reserve which wisdom and policy dictated whilst engaged in

rearing the glorious fabric of our independence was evidently the result

of consummate prudence and not characteristic of his nature. Although

I had frequently seen him in the progress of the Revolution and had

corresponded with him from France in 1781 and 1782, this was the first

occasion on which I had contemplated him in his private relations. I

observed a peculiarity in his smile which seemed to illuminate his

eye; his whole countenance beamed with intelligence, while it commanded

confidence and respect. The gentleman who had accompanied me from

Alexandria left in the evening, and I remained alone in the enjoyment of

the society of Washington for two of the richest days of my life. I saw

him reaping the reward of his illustrious deeds in the quiet shade

of his beloved retirement. He was at the matured age of fifty-three.

Alexander died before he reached that period of life and he had

immortalized his name. How much stronger and nobler the claims of

Washington to immortality! In the impulses of mad, selfish ambition,

Alexander acquired fame by wading to the conquest of the world through

seas of blood. Washington, on the contrary, was parsimonious of the

blood of his countrymen, stood forth the pure and virtuous champion of

their rights, and formed for them, not himself, a mighty empire.

"To have communed with such a man in the bosom of his family I shall

always regard as one of the highest privileges and most cherished

incidents of my life. I found him kind and benignant in the domestic

circle, revered and beloved by all around him, agreeably social, without

ostentation; delighting in anecdote and adventures, without assumption;

his domestic arrangements harmonious and systematic. His servants seemed

to watch his eye, and to anticipate his every wish; hence a look was

equivalent to a command. His servant Billy, the faithful companion of

his military career, was always at his side. Smiling content animated

and beamed on every countenance in his presence.

"The first evening I spent under the wing of his hospitality we sat a

full hour at table, by ourselves, without the least interruption, after

the family had retired. I was extremely oppressed with a severe cold

and excessive coughing, contracted from the exposure of a harsh winter

journey. He pressed me to use some remedies, but I declined doing so. As

usual after retiring my cough increased. When some time had elapsed the

door of my room was gently opened, and on drawing my bed-curtains, to my

utter astonishment, I beheld Washington himself standing at my bedside

with a bowl of hot tea in his hand. I was mortified and distressed

beyond expression. This little incident, occurring in common life with

an ordinary man would not have been noticed, but as a trait of the

benevolence and the private virtue of Washington it deserves to be

recorded.

"He modestly waived all allusions to the events in which he had acted so

glorious and conspicuous a part. Much of his conversation had reference

to the interior country and to the opening of the navigation of the

Potomac, by canals and locks at the Seneca, the Great, and the Little

Falls. His mind appeared to be deeply absorbed in that object, then in

earnest contemplation. He allowed me to take minutes from his former

journal on this subject, of which the following is a partial summary:

"'The stock of the company is divided into 500 shares at £50 sterling

each. The canal company has been incorporated by both Maryland

and Virginia.' Washington had accepted the presidency of it. 'The

preliminary preparations are in full train, to commence operations in

the ensuing spring, not only to remove the obstacles in the Potomac to

a boat navigation from Georgetown to Fort Cumberland, a distance of 190

miles, but to the ultimate construction of a canal to Lake Erie, which

is intended not only to give a direction to the fur trade from Detroit

to Alexandria, but to attract the eventual trade of the country north

of the Ohio which now slumbers in a state of nature.' This scheme was

worthy of the comprehensive mind of Washington.

"To demonstrate the practicability and the policy of diverting the trade

of the immense interior world yet unexplored to the Atlantic cities,

especially in view of the idea that the Mississippi would be opened

by Spain, was his constant and favorite theme. To elucidate the

probability, also, that the Detroit fur trade would take this direction,

he produced the following estimates, which I copied in his presence and

with his aid from the original manuscript:

"From Detroit, at the head of Lake Erie, via Fort Pitt (now Pittsburgh)

and Fort Cumberland, to the head of the Potomac, is 607 Miles.

"To Richmond 840

"To Philadelphia 741

"To Albany 943

"To Montreal 955

"Thus it appeared that Alexandria is 348 miles nearer Detroit than

Montreal, with only two carrying places of about forty miles."

"Since my travels in 1779 I had been deeply and constantly impressed

with the importance of constructing canals to connect the various waters

of America. This conviction was confirmed under the examination of

numerous canals of Europe, and traveling extensively on several of them.

Hearing little else for two days from the persuasive tongue of this

great man I was, I confess, completely under the influence of the canal

mania, and it en kindled all my enthusiasm."

Among the objects which claimed the attention of Washington in his

retirement was a change in the constitution of the Cincinnati. This

society had been formed in May, 1783, when the army was encamped

at Newburg. The prospect of speedily separating from each other had

suggested the plan of forming an association among the officers to serve

as a tie of brotherhood for the future.

This idea was suggested by General Knox and was matured in a meeting

composed of the generals, and of deputies from the regiments, at which

Major-General Steuben presided. An agreement was then entered into by

which the officers were to constitute themselves into one society of

friends, to endure as long as they should endure, or any of their eldest

male posterity, and, in failure thereof, any collateral branches who

might be judged worthy of becoming its supporters and members, were to

be admitted into it. To mark their veneration for that celebrated Roman

between whose situation and their own they found some similitude, they

were to be denominated "The Society of the Cincinnati." Individuals of

the respective States, distinguished for their patriotism and abilities,

might be admitted as honorary members for life, provided their numbers

should at no time exceed a ratio of one to four.

The society was to be designated by a medal of gold representing the

American eagle bearing on its breast the devices of the order, which was

to be suspended by a ribbon of deep blue edged with white, descriptive

of the union of America and France. To the ministers who had represented

the King of France at Philadelphia, to the admirals who had commanded

in the American seas, to the Count de Rochambeau and the generals and

colonels of the French troops who had served in the United States, the

insignia of the order were to be presented and they were to be invited

to consider themselves as members of the society, at the head of which

the Commander-in-Chief was respectfully solicited to place his name. An

incessant attention, on the part of the members, to the preservation

of the exalted rights and liberties of human nature for which they had

fought and bled, and an unalterable determination to promote and cherish

between the respective States union and national honor, were declared

to be the immutable principles of the society. Its objects were to

perpetuate the remembrance of the American revolution, as well as

cordial affection and the spirit of brotherly kindness among the

officers, and to extend acts of beneficence to those officers and their

families whose situation might require assistance. To give effect to the

charitable object of the institution a common fund was to be created by

the deposit of one month's pay on the part of every officer becoming

a member, the product of which fund, after defraying certain necessary

charges, was to be sacredly appropriated to this humane purpose.

The military gentlemen of each State were to constitute a distinct

society, deputies from which were to assemble triennially in order to

form a general meeting for the regulation of general concerns.

Without encountering any open opposition this institution was carried

into complete effect, and its honors were sought, especially by the

foreign officers, with great avidity. But soon after it was organized

those jealousies, which in its first moments had been concealed, burst

forth into open view. In October, 1783, a pamphlet was published by Mr.

Burk of South Carolina, for the purpose of rousing the apprehensions

of the public, and of directing its resentments against the society. In

this work its was denounced as an attempt to form an order of nobility.

The hereditary feature of the constitution and the power of conferring

its honors on distinguished personages, not descended from the officers

of the army, were considered particularly inconsistent with the genius

of our republican institutions. In Massachusetts the subject was

even taken up by the Legislature, and it was well understood that, in

Congress, the society was viewed with secret disapprobation.

It was impossible for Washington to view with indifference this state of

the public feeling. Bound to the officers of his army by the strictest

ties of esteem and affection, conscious of their merits and assured of

their attachment to his person, he was alive to everything which

might affect their reputation or their interests. However innocent the

institution might be in itself or however laudable its real objects, if

the impression it made on the public mind was such as to draw a line

of distinction between the military men of America and their

fellow-citizens, he was earnest in his wishes to adopt such measures as

would efface that impression. However ill founded the public prejudices

might be he thought this a case in which they ought to be respected,

and, if it should be found impracticable to convince the people that

their fears were misplaced, he was disposed "to yield to them in a

degree, and not to suffer that which was intended for the best of

purposes to produce a bad one."

A general meeting was to be held in Philadelphia in May, 1784, and, in

the meantime, he had been appointed the temporary president. Washington

was too much in the habit of considering subjects of difficulty in

various points of view, and of deciding on them with coolness and

deliberation, to permit his affections to influence his judgment. The

most exact inquiries, assiduously made into the true state of the

public mind, resulted in a conviction that opinions unfriendly to the

institution, in its actual form, were extensively entertained, and that

those opinions were founded, not in hostility to the late army, but in

real apprehensions for equal liberty.

A wise and necessary policy required, he thought, the removal of these

apprehensions, and, at the general meeting in May, the hereditary

principle, and the power of adopting honorary members, were

relinquished. The result demonstrated the propriety of this alteration.

Although a few, who always perceive most danger where none exists, and

the visionaries then abounding in Europe, continued their prophetic

denunciations against the order, America dismissed her fears, and,

notwithstanding the refusal of several of the State societies to adopt

the measures recommended by the general meeting, the members of the

Cincinnati were received as brethren into the bosom of their country.

[3]

While Washington was engaged in the cultivation of his extensive estate

his thoughts were by no means withdrawn from the political concerns of

the country, which at this time were assuming rather an ominous aspect.

His correspondence evinces that his advice was much sought for by the

leading men in the country, and that his opinions on the aspect of

the public affairs were freely given. The want of power in the central

government, arising from the defects of the old confederation, was

becoming more and more apparent, and the evils arising from this want

of power were pressing severely on every side. While the war lasted the

external pressure held the government together, but on the return

of peace its dissolution had become imminent. Large debts had been

contracted to pay the expenses of the war, and, although an attempt

had been made to establish a general system of revenue from duties on

imports, individual States had obstructed the prosecution of this plan,

and the government had found itself unable to raise the funds necessary

to pay the interest on the public debt. It had, in fact, no power

to regulate commerce or collect a revenue. This made it incapable of

executing treaties, fulfilling its foreign engagements, or causing

itself to be respected by foreign nations. While at home its weakness

was disgusting the public creditors and raising a clamor of discontent

and disaffection on every side. An alarming crisis was rapidly

approaching.

By the enlightened friends of republican government, this gloomy state

of things was viewed with deep chagrin. Many became apprehensive that

those plans from which so much happiness to the human race had been

anticipated would produce only real misery, and would maintain but a

short and a turbulent existence. Meanwhile, the wise and thinking

part of the community, who could trace evils to their source, labored

unceasingly to inculcate opinions favorable to the incorporation of some

principles into the political system which might correct the obvious

vices, without endangering the free spirit of the existing institutions.

While the advocates for union were exerting themselves to impress its

necessity on the public mind, measures were taken in Virginia, which,

though originating in different views, terminated in a proposition for a

general convention to revise the state of the Union.

To form a compact relative to the navigation of the rivers Potomac and

Pocomoke, and of part of Chesapeake Bay, commissioners were appointed by

the Legislatures of Virginia and Maryland, who assembled in Alexandria

in March, 1785. While at Mount Vernon on a visit [4] they agreed

to propose to their respective governments the appointment of other

commissioners, with power to make conjoint arrangements, to which the

assent of Congress was to be solicited, for maintaining a naval force in

the Chesapeake, and to establish a tariff of duties on imports to which

the laws of both States should conform. When these propositions received

the assent of the Legislature of Virginia an additional resolution

was passed, directing that which respected the duties on imports to be

communicated to all the States in the Union, who were invited to send

deputies to the meeting.

On the 21st of January, 1786, a few days after the passage of these

resolutions, another was adopted appointing Edmund Randolph, James

Madison, Walter Jones, St. George Tucker, and Meriwether Smith,

commissioners, "who were to meet such as might be appointed by the other

States in the Union, at a time and place to be agreed on, to take into

consideration the trade of the United States; to examine the relative

situation and trade of the said States; to consider how far a uniform

system in their commercial relations may be necessary to their common

interest and their permanent harmony, and to report to the several

States such an act relative to this great object, as, when unanimously

ratified by them, will enable the United States in Congress assembled

effectually to provide for the same."

In the circular letter transmitting these resolutions to the respective

States, Annapolis, in Maryland, was proposed as the place, and the

ensuing September (1786) as the time of meeting.

Before the arrival of the period at which these commissioners were

to assemble the idea was carried by those who saw and deplored the

complicated calamities which flowed from the inefficacy of the general

government, much further than was avowed by the resolution of Virginia.

"Although," said Mr. Jay, one of the most conspicuous patriots of the

Revolution, in a letter to Washington, dated the 16th of March, 1786,

"you have wisely retired from public employments, and calmly view,

from the temple of fame, the various exertions of that sovereignty

and independence which Providence has enabled you to be so greatly and

gloriously instrumental in securing to your country, yet I am persuaded

you cannot view them with the eye of an unconcerned spectator.

"Experience has pointed out errors in our national government which call

for correction, and which threaten to blast the fruit we expected from

our tree of liberty. The convention proposed by Virginia may do some

good, and would perhaps do more, if it comprehended more objects. An

opinion begins to prevail that a general convention for revising the

articles of confederation would be expedient. Whether the people are yet

ripe for such a measure, or whether the system proposed to be attained

by it is only to be expected from calamity and commotion, is difficult

to ascertain.

"I think we are in a delicate situation, and a variety of considerations

and circumstances give me uneasiness. It is in contemplation to take

measures for forming a general convention. The plan is not matured. If

it should be well connected and take effect, I am fervent in my wishes

that it may comport with the line of life you have marked out for

yourself to favor your country with your counsels on such an important

and single occasion. I suggest this merely as a hint for consideration."

To the patriots who accomplished the great revolution which gave to the

American people a national government capable of maintaining the union

of the States and of preserving republican liberty, we must ever feel

grateful and admire and honor them for their services during that

arduous and doubtful struggle which terminated in the triumph of human

reason and the establishment of a free government. To us who were not

actors in those busy scenes, but who enjoy the fruits of the labor

without having participated in the toils or the fears of the patriots

who achieved such glorious results, the sentiments entertained by the

most enlightened and virtuous of America at that eventful period cannot

be uninteresting.

"Our affairs," said Mr. Jay, in a letter of the 27th of June (1786),

"seem to lead to some crisis, some revolution--something that I cannot

foresee or conjecture. I am uneasy and apprehensive, more so than during

the war. Then, we had a fixed object and, though the means and time of

obtaining it were often problematical, yet I did firmly believe that we

should ultimately succeed, because I did firmly believe that justice

was with us. The case is now altered, we are going and doing wrong and

therefore I look forward to evils and calamities, but without being able

to guess at the instrument, nature, or measure of them.

"That we shall again recover and things again go well, I have no doubt.

Such a variety of circumstances would not, almost miraculously, have

combined to liberate and make us a nation for transient and unimportant

purposes. I therefore believe we are yet to become a great and

respectable people, but when or how, only the spirit of prophecy can

discern.

"There doubtless is much reason to think and to say that we are

woefully, and, in many instances, wickedly misled. Private rage for

property suppresses public considerations, and personal rather than

national interests have become the great objects of attention. New

governments have not the aid of habit and hereditary respect, and,

being generally the result of preceding tumult and confusion, do

not immediately acquire stability or strength. Besides, in times of

commotion, some men will gain confidence and importance who merit

neither, and who, like political mountebanks, are less solicitous about

the health of the credulous crowd than about making the most of their

nostrums and prescriptions.

"What I most fear is that the better kind of people (by which I mean

the people who are orderly and industrious, who are content with their

situations, and not uneasy in their circumstances) will be led by the

insecurity of property, the loss of confidence in their rulers, and the

want of public faith and rectitude, to consider the charms of liberty

as imaginary and delusive. A state of uncertainty and fluctuation must

disgust and alarm such men and prepare their minds for almost any change

that may promise them quiet and security."

To this interesting letter Washington made the following reply:

"Your sentiments, that our affairs are drawing rapidly to a crisis,

accord with my own. What the event will be, is also beyond the reach of

my foresight. We have errors to correct; we have probably had too good

an opinion of human nature in forming our confederation. Experience has

taught us that men will not adopt and carry into execution measures the

best calculated for their own good without the intervention of coercive

power. I do not conceive we can exist long as a nation, without lodging

somewhere a power which will pervade the whole Union in as energetic

a manner as the authority of the State governments extends over the

several States. To be fearful of investing Congress, constituted as that

body is with ample authorities for national purposes, appears to me the

very climax of popular absurdity and madness. Could Congress exert them

for the detriment of the people, without injuring themselves in an equal

or greater proportion? Are not their interests inseparably connected

with those of their constituents? By the rotation of appointment, must

they not mingle frequently with the mass of citizens? Is it not

rather to be apprehended, if they were possessed of the powers before

described, that the individual members would be induced to use them,

on many occasions, very timidly and inefficaciously, for fear of losing

their popularity and future election? We must take human nature as

we find it; perfection falls not to the share of mortals. Many are of

opinion that Congress have too frequently made use of the suppliant

humble tone of requisition, in applications to the States, when they had

a right to assert their imperial dignity, and command obedience. Be that

as it may, requisitions are a perfect nullity, where thirteen sovereign,

independent, disunited States are in the habit of discussing, and

refusing or complying with them at their option. Requisitions are

actually little better than a jest and a by-word throughout the land.

If you tell the Legislatures they have violated the treaty of peace,

and invaded the prerogatives of the confederacy, they will laugh in your

face. What then is to be done? Things cannot go on in the same train

forever. It is much to be feared, as you observe, that the better kind

of people, being disgusted with these circumstances, will have their

minds prepared for any revolution whatever. We are apt to run from one

extreme into another. To anticipate and prevent disastrous contingencies

would be the part of wisdom and patriotism.

"What astonishing changes a few years are capable of producing! I am

told that even respectable characters speak of a monarchical form of

government without horror. From thinking proceeds speaking; thence to

acting is often but a single step. But how irrevocable and tremendous!

what a triumph for our enemies to verify their predictions! what a

triumph for the advocates of despotism, to find that we are incapable

of governing ourselves, and that systems founded on the basis of equal

liberty are merely ideal and fallacious! Would to God that wise measures

may be taken in time to avert the consequences we have but too much

reason to apprehend.

"Retired as I am from the world, I frankly acknowledge I cannot feel

myself an unconcerned spectator. Yet, having happily assisted in

bringing the ship into port, and having been fairly discharged, it is

not my business to embark again on a sea of troubles.

"Nor could it be expected that my sentiments and opinions would have

much weight on the minds of my countrymen. They have been neglected,

though given as a last legacy in the most solemn manner. I had then

perhaps some claims to public attention. I consider myself as having

none at present."

The convention at Annapolis was attended by commissioners from only

six States--New York, New Jersey, Pennsylvania, Delaware, Maryland,

and Virginia. These, after appointing Mr. Dickinson their chairman,

proceeded to discuss the objects for which they had convened. Perceiving

that more ample powers would be required to effect the beneficial

purposes which they contemplated, and hoping to procure a representation

from a greater number of States, the convention determined to rise

without coming to any specific resolutions on the particular subject

which had been referred to them.

Previous to their adjournment, however, they agreed on a report to be

made to their respective States, in which they represented the necessity

of extending the revision of the Federal system to all its defects, and

recommended that deputies for that purpose be appointed by the several

Legislatures, to meet in convention in the city of Philadelphia on the

second day of the ensuing May (1787).

The reasons for preferring a convention to a discussion of this subject

in Congress, were stated to be, "that in the latter body it might be

too much interrupted by the ordinary business before them and would,

besides, be deprived of the valuable counsels of sundry individuals who

were disqualified by the constitution or laws of particular States or by

peculiar circumstances from a seat in that assembly."

A copy of this report was transmitted to Congress in a letter from

the chairman, stating the inefficacy of the Federal government and

the necessity of devising such further provisions as would render it

adequate to the exigencies of the Union. On receiving this report, the

Legislature of Virginia (1786) passed an act for the appointment of

deputies to meet such as might be appointed by other States, to assemble

in convention at Philadelphia at the time and for the purposes specified

in the recommendation from the convention which had met at Annapolis.

When the plan of a convention was thus ripened and its meeting appointed

to be at Philadelphia in May, 1787, Mr. Madison communicated to

Washington the intention of that State to elect him one of her

representatives on this important occasion. He explicitly declined

being a candidate, yet the Legislature placed him at the head of her

delegation, in the hope that mature reflection would induce him to

attend upon the service. The governor of the State, Mr. Randolph,

informed him of his appointment by the following letter:

"By the enclosed act you will readily discover that the assembly are

alarmed at the storms which threaten the United States. What our enemies

have foretold seems to be hastening to its accomplishment, and cannot be

frustrated but by an instantaneous, zealous, and steady union among the

friends of the Federal government. To you I need not press our present

dangers. The inefficacy of Congress you have often felt in your official

character, the increasing languor of our associated republics you hourly

see; and a dissolution would be, I know, to you a source of the deepest

mortification. I freely then entreat you to accept the unanimous

appointment of the General Assembly to the convention at Philadelphia.

For the gloomy prospect still admits one ray of hope--that those who

began, carried on, and consummated the Revolution, can yet restore

America from the impending ruin."

"Sensible as I am," said Washington in his answer, "of the honor

conferred on me by the General Assembly of this commonwealth, in

appointing me one of the deputies to a convention proposed to be held

in the city of Philadelphia in May next, for the purpose of revising

the Federal constitution, and desirous as I am on all occasions of

testifying a ready obedience to the calls of my country, yet, sir, there

exist at this moment circumstances which I am persuaded will render this

fresh instance of confidence incompatible with other measures which

I had previously adopted and from which, seeing little prospect of

disengaging myself, it would be disingenuous not to express a wish

that some other character, on whom greater reliance can be had, may be

substituted in my place, the probability of my nonattendance being too

great to continue my appointment.

"As no mind can be more deeply impressed than mine is with the critical

situation of our affairs, resulting in a great measure from the want of

efficient powers in the Federal head and due respect to its ordinances,

so consequently those who do engage in the important business of

removing these defects will carry with them every good wish of mine,

which the best dispositions toward their obtainment can bestow."

The governor declined the acceptance of his resignation of the

appointment and begged him to suspend his determination until the

approach of the period of the meeting of the convention, that his

final judgment might be the result of a full acquaintance with all

circumstances.

Thus situated, Washington reviewed the subject that he might, upon

thorough deliberation, make the decision which duty and patriotism

enjoined. He had, by a circular letter to the State societies, declined

being re-elected the president of the Cincinnati, and had announced that

he should not attend their general meeting at Philadelphia in the next

May, and he apprehended that if he attended the convention at the time

and place of their meeting he should give offense to all the officers of

the late army who composed this body. He was under apprehension that the

States would not be generally represented on this occasion, and that a

failure in the plan would diminish the personal influence of those who

engaged in it. Some of his confidential friends were of opinion that the

occasion did not require his interposition and that he ought to reserve

himself for a state of things which would unequivocally demand his

agency and influence. Even on the supposition that the plan should

succeed they thought that he ought not to engage in it, because his

having been in convention would oblige him to make exertions to

carry the measures that body might recommend into effect, and would

necessarily "sweep him into the tide of public affairs." His own

experience since the close of the Revolutionary War created in his mind

serious doubts whether the respective States would quietly adopt

any system calculated to give stability and vigor to the national

government. "As we could not," to use his own language, "remain quiet

more than three or four years in times of peace under the constitutions

of our own choosing, which were believed in many States to have been

formed with deliberation and wisdom, I see little prospect either of our

agreeing on any other, or that we should remain long satisfied under it,

if we could. Yet I would wish anything and everything essayed to prevent

the effusion of blood and to divert the humiliating and contemptible

figure we are about to make in the annals of mankind."

These considerations operated powerfully to confirm him in the

determination first formed, not to attend the convention. On the other

hand he realized the greatness of the emergency. The confederation

was universally considered as a nullity. The advice of a convention,

composed of respectable characters from every part of the Union, would

probably have great influence with the community, whether it should

be to amend the articles of the old government or to form a new

constitution.

Amidst the various sentiments which at this time prevailed respecting

the state of public affairs, many entertained the supposition that the

"times must be worse before they could be better," and that the American

people could be induced to establish an efficient and liberal national

government only by the scourge of anarchy. Some seemed to think that the

experiment of a republican government in America had already failed and

that one more energetic would soon by violence be introduced. Washington

entertained some apprehension that his declining to attend the

convention would be considered as a dereliction of republican

principles.

While he was balancing these opposite circumstances in his mind the

insurrection of Massachusetts occurred, [5] which turned the scale of

opinion in favor of his joining the convention. He viewed this event

as awfully alarming. "For God's sake, tell me," said he, in a letter to

Colonel Humphreys, "what is the cause of all these commotions? Do they

proceed from licentiousness, British influence disseminated by the

Tories, or real grievances which admit of redress? If the latter, why

was redress delayed until the public mind had become so much agitated?

If the former, why are not the powers of the government tried at once?

It is as well to be without as not to exercise them."

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.

"GEORGE WASHINGTON,

"_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.

THE CONSTITUTION OF THE UNITED STATES.

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.

ARTICLE I.

Sect. 1. All legislative powers herein granted shall be vested in a

Congress of the United States, which shall consist of a Senate and House

of Representatives.

Sect. 2. The House of Representatives shall be composed of members

chosen every second year by the people of the several States; and the

electors in each State shall have the qualifications requisite for

electors of the most numerous branch of the State legislature.

No person shall be a representative who shall not have attained to the

age of twenty-five years, and been seven years a citizen of the United

States, and who shall not, when elected, be an inhabitant of that State

in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several

States which may be included within this union, according to their

respective numbers, which shall be determined by adding to the whole

number of free persons, including those bound to 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.

ARTICLE II.

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.