INTRODUCTORY NOTE.

The design of this work is to give a literal print of the documents deposited in the Bureau of Rolls and Library of the Department of State relating to the formation of the Constitution of the United States as adopted, amended, and now in force. The narrative, therefore, begins with the record of the proceedings of the Annapolis Convention, and will include all the papers in the Bureau bearing on the making and amending of the Constitution to the date of the latest amendment.

The purpose in view being to avoid controversy and to meet the demand of historical scholars and students by presenting the contents of the papers themselves, as classed and filed in the Department, and as verified by the records, and nothing more, the editorial function is confined to the general form of the text, and to such notes as may be indispensable to clear display. For example, the official files of the Federal Convention were, by authority of the Convention, retained by Washington, its President. Those papers, as transferred by Washington to the Secretary of State in 1796, stand apart, and are so printed.

The present, initial, volume, comprising the appendices to numbers 1 and 3 of the Bulletin of the Bureau, completes the first and second periods of the history as found in the archives. The remaining parts will appear from time to

III

Documentary History of the Constitution

of the United States of America.

1786-1870.

Sundry of the States having in Consequence of a Resolution & Circular Letter from the State of Virginia appointed Commissioners to meet at such time and Place as should be agreed upon by them the said Commissioners, to take into Consideration the Trade & Commerce of the United States &c:the Commissioners of Virginia, Delaware, Pensylvania, New Jersey & New York, met at the City of Annapolis on the 11th of September 1786, but did not think it adviseable to proceed on the Business of their Mission. They therefore broke up after making a Report to the States by which they had been appointed and transmitting to Congress a Copy thereof which is as follows.

To the Honorable the Legislatures of Virginia, Delaware, Pensylvania, New Jersey and New York.

The Commissioners from the said States respectively Assembled at the City of Annapolis, humbly beg leave to Report:

That, pursuant to their several Appointments, they met at Annapolis in the State of Maryland, on the eleventh day of September Instant, and, having proceeded to a communication of their Powers, they found that the States of New

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York, Pensylvania and Virginia had, in substance, and nearly in the same terms, authorized their respective Commissioners "to meet such Commissioners as were or might be appointed "by the other States in the Union, at such time and Place as "should be agreed upon by the said Commissioners, to take "into Consideration the trade and Commerce of the United "States, to consider how far an uniform System in their com"mercial intercourse and regulations might be necessary to "their common interest and permanent harmony, and to

report, to the several States, such an Act relative to this great 'Object, as when unanimously ratified by them, would enable "the United States in Congress Assembled effectually to pro"vide for the same."

That the State of Delaware had given similar Powers to their Commissioners, with this difference only, that the Act to be framed in virtue of those Powers, is required to be reported "to the United States in Congress Assembled to "be agreed to by them and Confirmed by the Legislatures "of every State."

That the State of New Jersey, has enlarged the Object of their Appointment, empowering their Commissioners, "to "consider how far an uniform System in their Commercial "Regulations, and other important matters might be necessary "to the common interest and permanent harmony of the sev"eral States;" and to "report such an Act on the Subject, as "when ratified by them" would "enable the United States in "Congress Assembled effectually to provide for the exigencies "of the Union."

That Appointments of Commissioners have also been made by the States of New Hampshire, Massachusetts, RhodeIsland and North Carolina, none of whom have however

attended, but that no information has been received by your Commissioners of any Appointment having been made by the States of Connecticut, Maryland, South-Carolina or Georgia.

That the express terms of the Powers to your Commissioners supposing a Deputation from all the States, and having for Object the trade and Commerce of the United States, your Commissioners did not conceive it adviseable to proceed on the business of their Mission, under the Circumstance of so partial and defective a Representation.

Deeply impressed however with the magnitude and importance of the Object confided to them on this Occasion, your Commissioners cannot forbear to indulge an expression of their earnest and unanimous wish that speedy measures may be taken to effect a general meeting of the States in a future Convention, for the same, and such other Purposes, as the situation of Public Affairs may be found to require.

If in expressing this wish, or in intimating any other Sentiment, your Commissioners should seem to exceed the strict bounds of their Appointment, they entertain a full Confidence that a Conduct dictated by an anxiety for the welfare of the United States, will not fail to receive an indulgent Construction.

In this persuasion, your Comm.ssioners submit an Opinion, that the Idea of extending the Powers of their Deputies to other Objects than those of Commerce, which has been adopted by the State of New Jersey, was an improvement on the original Plan, and will deserve to be incorporated into that of a future Convention. They are the more naturally led to this Conclusion, as in the course of their Reflections on the Subject, they have been induced to think, that the Power of regulating Trade, is of such comprehensive extent;