No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due. SECT. 3. New states may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the Congress. The Congress shall have power to dispose of, and make all needful rules and reg. ulations respecting, the territory, or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. SECT. 4. The United States shall guaranty to every state in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence. ARTICLE V. The Congress, whenever two thirds of both Houses shall deem it necessary, shali propose amendments to this Constitution; or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided, that no amendment which may be made prior to the year 1808 shall, in any manner, affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby; any thing in the constitution or laws of any state to the contrary notwithstanding. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath, or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any othce or public trust under the United States. ARTICLE VII. The ratification of the conventions of nine states shall be sufficient for the estab.lish ent of this Constitution between the states so ratifying the same. Do in Convention, by the unanimous consent of the states present, the 17th day of September, in the year of our Lord 1787, and of the independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names. NEW HAMPSHIRE. MASSACHUSETTS. Nathaniel Gorham, GEORGE WASHINGTON, President, and Deputy from Virginia. CONNECTICUT. William Samuel Johnson, NEW YORK. Alexander Hamilton. The Constitution being signed by all the members, except Mr. Randolph, Mr. Mason, and Mr. Gerry, who declined giving it the sanction of their names, the Convention dissolved itself by an adjournment sine die.269 Whilst the last members were signing, Dr. FRANKLIN, looking towards the president's chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that painters had found it difficult to distinguish, in their art, a rising from a setting sun. "I have," said he, "often and often, in the course of the session, and the vicissitudes of my hopes and fears as to its issue, looked at that behind the president, without being able to tell whether it was rising or setting; but now, at length, I have the happiness to know that it is a rising, and not a setting sun." 48 LETTERS WRITTEN AFTER THE ADJOURNMENT OF THE FEDERAL CONVENTION. TO GENERAL WASHINGTON. NEW YORK, September 30, 1787. DEAR SIR, I found, on my arrival here, that certain ideas, unfavorable to the act of the Convention, which had created difficulties in that body, had made their way into Congress. They were patronized chiefly by Mr. R. H. Lee, and Mr. Dane, of Massachusetts. It was first urged, that, as the new Constitution was more than an alteration of the Articles of Confederation, under which Congress acted, and even subverted those Articles altogether, there was a constitutional impropriety in their taking any positive agency in the work. The answer given was, that the resolution of Congress in February had recommended the Convention as the best means of obtaining a firm national government; that, as the powers of the Convention were defined, by their commissions, in nearly the same terms with the powers of Congress given by the Confederation on the subject of alterations, Congress were not more restrained from acceding to the new plan, than the Convention were from proposing it. If the plan was within the powers of the Convention, it was within those of Congress; if beyond those powers, the same necessity which justified the Convention would justify Congress; and a failure of Congress to concur in what was done would imply, either that the Convention had done wrong in exceeding their powers, or that the government proposed was in itself liable to insuperable objections; that such an inference would be the more natural, as Congress had never scrupled to recommend measures foreign to their constitutional functions, whenever the public good seemed to require it; and had in several instances, particularly in the establishment of the new western governments, exercised assumed powers of a very high and delicate nature, under motives infinitely less urgent than the present state of our affairs, if any faith were due to the representations made by Congress themselves, echoed by twelve states in the Union, and confirmed by the general voice of the people. An attempt was made, in the next place, by R. H. L., to amend the act of the Convention before it should go forth from Congress. He proposed a Bill of Rights, provision for juries in civil cases, and several other things corresponding with the ideas of Col. Mason. He was supported by Mr. Melancthon Smith, of this state. It was contended, that Congress had an undoubted right to insert amendments, and that it was their duty to make use of it in a case where the essential guards of liberty had been omitted. On the other side, the right of Congress was not denied, but the inexpediency of exerting it was urged on the following grounds; first, that every circumstance indicated that the introduction of Congress as a party to the reform was intended by the states merely as a matter of form and respect; secondly, that it was evident, from the contradictory objections which had been expressed by the different members who had animadverted on the plan, that a discussion of its merits would consume much time, without producing agreement even among its adversaries; thirdly, that it was clearly the intention of the states that the plan to be proposed should be the act of the Convention, with the assent of Congress, which could not be the case, if alterations were made, the Convention being no longer in existence to adopt them; fourthly, that as the act of the Convention, when altered, would instantly become the mere act of Congress, and must be proposed by them as such, and of course be addressed to the legislatures, not conventions of the states, and 1 quire the ratification of thirteen instead of nine states, and as the unaltered act would go fort: to the states directly from the Convention, under the auspices of that body, some states might ratify the one and some the other of the plans, and confusion and disappointment be the least evils that would ensue. These difficulties, which at one time threatened a serious division in Congress, and popular alterations, with the yeas and nays on the Journals, were at length fortunately terminated by the following resolution: "Congress having received the report of the Convention lately assembled in Philadelphia, Resolved unanimously, that the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the Convention made and provided in that case." Eleven states were present the absent ones, Rhode Island and Maryland. A more direct approbation would have been of advantage in this and some other states, where stress will be laid on the agency of Congress in the matter, and a handle be taken by adversaries of any ambiguity on the subject. With regard to Virginia and some other states, reserve on the part of Congress will do no injury. The circumstance of unanimity must be favorable every where. The general voice of this city seems to espouse the new Constitution. It is supposed, nevertheless, that the party in power is strongly opposed to it. The country must finally decide, the sense of which is as yet wholly unknown. As far as Boston and Connecticut have been heard from, the first impression seems to be auspicious. I am waiting with anxiety for the echo from Virginia, but with very faint hopes of its corresponding with my wishes. TO EDMUND RANDOLPH. NEW YORK, October 21, 1787. DEAR SIR, We hear that opinions are various in Virginia on the plan of the Convention. I have received, within a few days, a letter from the chancellor, by which I find that he gives it his approbation; and another from the president of William and Mary, which, though it does not absolutely reject the Constitution, criticises it pretty freely. The newspapers in the Northern and Middle States begin to teem with controversial publications. The attacks seem to be principally levelled against the organization of the government, and the omission of the provisions contended for in favor of the press, and juries, &c. A new combatant, however, with considerable address and plausibility, strikes at the foundation. He represents the situation of the United States to be such as to render any government improper and impracticable which forms the states into one nation, and is to operate directly on the people. Judging from the newspapers, one would suppose that the adversaries were the most numerous and the most earnest. But there is no other evidence that it is the fact. On the contrary, we learn that the Assembly of New Hampshire, which received the Constitution on the point of their adjournment, were extremely pleased with it. All the information from Massachusetts denotes a favorable impression there. The legislature of Connecticut have unanimously recommended the choice of a convention in that state, and Mr. Baldwin, who is just from the spot, informs me, that, from present appearances, the opposition will be inconsiderable; that the Assembly, if it depended on them, would adopt the system almost unanimously; and that the clergy and all the literary men are exerting themselves in its favor. Rhode Island is divided; the majority being violently against it. temper of this state cannot yet be fully discerned. A strong party is in favor of it. But they will probably be outnumbered, if those whose numbers are not yet known should take the opposite side. New Jersey appears to be zealous. Meetings of the people in different counties are declaring their approbation, and instructing their representatives. There will probably be a strong opposition in Pennsylvania. The other side, however, continue to be sanguine. Dr. Carroll, who came hither lately from Maryland, tells me, that the public voice there appears at present to be decidedly in favor of the Constitution. Notwithstanding all these circumstances, I am far from considering the public mind as fully known, or finally settled on the subject. The They amount on y to a strong presumption that the general sentiment in the Eastern and Middle States is friendly to the proposed system at this time. TO THOMAS JEFFERSON. [EXTRACT.] NEW YORK, October 24, 1787 DEAR SIR, When the plan of the Constitution proposed by the Convention came before Congress for their sanction, a very serious effort was made by R. H. Lee and Mr. Dane, from Massachusetts, to embarrass it. It was first contended, that Congress could not properly give any positive countenance to a measure which had for its object the subversion of the Constitution under which they acted. This ground of attack failing, the former gentleman urged the expediency of sending out the plan with amendments, and proposed a number of them corresponding with the objections of Col. Mason. This experiment had still less effect. In order, however, to obtain unanimity, it was necessary to couch the resolution in very moderate terms. TO GENERAL WASHINGTON. [EXTRACT.] NEW YORK, October 28, 1787. DEAR SIR,The mail of yesterday brought me your favor of the 22d instant. The communications from Richmond give me as much pleasure as they exceed my expectations. As I find by a letter from a member of the Assembly, however, that Col. Mason has not got down, and it appears that Mr. Henry is not at bottom a friend, I am not without fears that their combined influence and management may yet create difficulties. There is one consideration which I think ought to have some weight in the case, over and above the intrinsic inducements to embrace the Constitution, and which I have suggested to some of my correspondents. There is at present a very strong probability that nine states at least will pretty speedily concur in establishing it. What will become of the tardy remainder? They must be either left, as outcasts from the society, to shift for themselves, or be compelled to come in, or must come in of themselves when they will be allowed no credit for it. Can either of these situations be as eligible as a prompt and manly determination to support the Union, and share its common fortunes? My last stated pretty fully the information which had arrived here from different quarters, concerning the proposed Constitution. I recollect nothing that is now to be added, further than that the Assembly of Massachusetts, now sitting, certainly gives it a friendly reception. I enclose a Boston paper, by which it appears that Gov. Hancock has ushered it to them in as propitious a manner as could have been required. Mr. Charles Pinckney's character is, as you observe, well marked by the publications which I enclosed. His printing the secret paper at this time could have no motive but the appetite for expected praise; for the subject to which it relates has been dormant a considerable time, and seems likely to remain so. TO EDMUND RANDOLPH. NEW YORK, November 18, 1787. DEAR SIR, I have not, since my arrival, collected any additional information concerning the progress of the Federal Constitution. I discovered no evidence, on my journey through New Jersey, that any opposition whatever would be made in that state. The Convention of Pennsylvania is to meet on Tuesday next. The |