In February 1786 Washington calculated that he had 216 slaves
working on his five farms, and he noted that 92 were children.
After a visit from the slave-owner Philip Dalby on April 9, three days later
Washington wrote to his friend Robert Morris the following letter:
I give you the trouble of this letter at the instance
of Mr. Dalby of Alexandria; who is called to Philadelphia
to attend what he conceives to be a vexatious law-suit
respecting a slave of his, which a Society of Quakers in the
City (formed for such purposes) have attempted to liberate.
The merits of this case will no doubt appear upon trial;
but from Mr. Dalby’s state of the matter, it should seem that
this Society is not only acting repugnant to justice
so far as its conduct concerns strangers,
but, in my opinion extremely impoliticly with respect to
the State—the City in particular;
& without being able (but by Acts of tyranny & oppression)
to accomplish their own ends.
He says the conduct of this society is not sanctioned
by Law: had the case been otherwise,
whatever my opinion of the Law might have been,
my respect for the policy of the State would on this occasion
have appeared in my silence;
because against the penalties of promulgated Laws
one may guard; but there is no avoiding the snares
of individuals, or of private societies—
and if the practice of this Society of which Mr. Dalby speaks,
is not discountenanced, none of those whose misfortune it is
to have slaves as attendants will visit the City
if they can possibly avoid it; because by so doing
they hazard their property—or they must be at the expense
(& this will not always succeed)
of providing servants of another description for the trip.
I hope it will not be conceived from these observations,
that it is my wish to hold the unhappy people
who are the subject of this letter, in slavery.
I can only say that there is not a man living who wishes
more sincerely than I do, to see a plan adopted
for the abolition of it—but there is only one proper
and effectual mode by which it can be accomplished,
& that is by Legislative authority: and this,
as far as my suffrage will go, shall never be wanting.
But when slaves who are happy & content
to remain with their present masters,
are tampered with & seduced to leave them;
when masters are taken at unawares by these practices;
when a conduct of this sort begets
discontent on one side and resentment on the other,
& when it happens to fall on a man
whose purse will not measure with that of the Society,
& he loses his property for want of means to defend it—
it is oppression in the latter case, & not humanity in any;
because it introduces more evils than it can cure.
I will make no apology for writing to you on this subject;
for if Mr. Dalby has not misconceived the matter,
an evil exists which requires a remedy; if he has,
my intentions have been good
though I may have been too precipitate in this address.1
On 10 May 1786 Washington wrote to Lafayette,
For the several articles of intelligence with which
you have been so good as to furnish me,
& for your sentiments on European politics,
I feel myself very much obliged—on these I can depend.
Newspaper Accounts are too sterile, vague & contradictory,
on which to form any opinion,
or to claim even the smallest attention.
The account of, & observations which you have made
on the policy & practice of Great Britain
at the other Courts of Europe, respecting those States;
I was but too well informed & convinced of before.
Unhappily for us, though their Accounts
are greatly exaggerated, yet our conduct
has laid the foundation for them.
It is one of the evils of democratic governments
that the people, not always seeing & frequently mislead,
must often feel before they can act right—
but then evils of this nature
seldom fail to work their own cure.
It is to be lamented nevertheless that
the remedies are so slow, & that those who may wish
to apply them seasonably are not attended to
before they suffer in person, in interest & in reputation.
I am not without hopes that matters will soon
take a favorable turn in the federal constitution—
the discerning part of the community
have long since seen the necessity of giving
adequate powers to Congress for national purposes;
& the ignorant & designing must yield to it ’ere long.
Several late Acts of the different Legislatures
have a tendency thereto; among these, the Impost
which is now acceded to by every State in the Union,
(though clogged a little by that of New York)
will enable Congress to support the national credit
in pecuniary matters better than it has been;
whilst a measure, in which this state has taken the lead
at its last session, will it is to be hoped give efficient powers
to that Body for all commercial purposes.
This is a nomination of some of its first characters to meet
other Commissioners from the several States
in order to consider of & decide upon such powers as shall
be necessary for the sovereign Power of them to act under;
which are to be reported to the respective Legislatures at
their autumnal sessions for, it is to be hoped, final adoption:
thereby avoiding those tedious & futile deliberations
which result from recommendations & partial concurrences;
at the same time that it places it at once
in the power of Congress to meet European Nations
upon decisive & equal ground.
All the Legislatures which I have heard from
have come into the proposition,
& have made very judicious appointments.
Much good is expected from this measure,
and it is regretted by many that more objects
were not embraced by the Meeting.
A General Convention is talked of by many
for the purpose of revising & correcting
the defects of the federal Government,
but whilst this is the wish of some,
it is the dread of others from an opinion
that matters are not yet sufficiently ripe for such an event.
The British still occupy our Posts to the Westward,
& will, I am persuaded, continue to do so
under one pretense or another,
no matter how shallow, as long as they can:
of this, from some circumstances which had occurred,
I have been convinced since August 1783
& gave it as my opinion at that time,
if not officially to Congress as the sovereign,
at least to a number of its members
that they might act accordingly.
It is indeed evident to me, that they had it in contemplation
to do this at the time of the Treaty;
the expression of the Article which respects
the evacuation of them, as well as the tenor of their conduct
since relative to this business,
is strongly masked with deception.
I have not the smallest doubt but that every secret engine
in their power is continually at work
to inflame the Indian mind, with a view to keep it
at variance with these States for the purpose of
retarding our settlements to the Westward,
& depriving us of the fur & peltry trade of that Country….
The benevolence of your heart my Dear Marquis
is so conspicuous upon all occasions,
that I never wonder at any fresh proofs of it;
but your late purchase of an Estate
in the Colony of Cayenne,
with a view of emancipating the slaves on it,
is a generous and noble proof of your humanity.
Would to God a like Spirit would diffuse itself generally
into the minds of the people of this country;
but I despair of seeing it—
some petitions were presented to the Assembly,
at its last Session, for the abolition of slavery,
but they could scarcely obtain a reading.
To set them afloat at once would, I really believe,
be productive of much inconvenience & mischief;
but by degrees it certainly might, and assuredly ought to be
effected and that too by Legislative authority.2
On May 18 Washington wrote to John Jay,
That it is necessary to revise, and amend the articles
of Confederation, I entertain no doubt; but what may be
the consequences of such an attempt is doubtful.
Yet, something must be done, or the fabric must fall.
It certainly is tottering!
Ignorance & design, are difficult to combat.
Out of these proceed illiberality, improper jealousies, and
a train of evils which oftentimes, in republican governments,
must be sorely felt before they can be removed.
The former, that is ignorance, being a fit soil
for the latter to work in, tools are employed
which a generous mind would disdain to use;
and which nothing but time,
and their own puerile or wicked productions,
can show the inefficacy and dangerous tendency of.
I think often of our situation, and view it with concern.
From the high ground on which we stood—
from the plain path which invited our footsteps,
to be so fallen!—so lost! is really mortifying.
But virtue, I fear, has, in a great degree,
taken its departure from our Land,
and the want of disposition to do justice
is the source of the national embarrassments;
for under whatever guise or colorings are given to them,
this, I apprehend, is the origin of the evils we now feel,
& probably shall labor for some time yet.3
Washington in a letter to John Francis Mercer on 9 September 1786
wrote that he would not accept a slave as payment for a debt, saying,
I never mean (unless some particular
circumstances should compel me to it)
to possess another slave by purchase;
it being among my first wishes to see some plan adopted,
by the legislature by which slavery in this Country may be
abolished by slow, sure, & imperceptible degrees.4
Then he explained that to pay his debts, he may have to sell slaves or land.
He always claimed that he never broke up families.
His slaves were multiplying, and he found that they were not profitable.
Because he did not separate families, he had to support children, women, and the elderly.
Mount Vernon ran a deficit from 1776 to 1787, and he expected it to continue.
Daniel Shays fought as a commander in the Revolutionary War
and a leader in the tax rebellion, and he led protests in western
Massachusetts against raised taxes to alleviate the debt crisis.
They stopped a county court in Northampton from functioning on 29 August 1786.
Virginia and Maryland planned to hold an interstate conference
at Annapolis, Maryland in 11-14 September 1786.
At that convention Alexander Hamilton was a trade commissioner,
and he wrote a communiqué urging all the states to send delegates
to the convention at Philadelphia in May 1787.
On 16 September 1786 Edmund Randolph went to Mount Vernon to tell
Washington about Hamilton’s appeal, and James Madison and James Monroe
visited Mount Vernon for three days in late October.
On October 31 Washington wrote in a letter to the Virginia delegate
Henry Lee in the Confederation Congress,
The picture which you have drawn,
& the accounts which are published, of the commotions
& temper of numerous bodies in the Eastern States,
are equally to be lamented and deprecated.
They exhibit a melancholy proof
of what our transatlantic foe have predicted;
and of another thing perhaps,
which is still more to be regretted,
and is yet more unaccountable;
that mankind left to themselves
are unfit for their own government.
I am mortified beyond expression whenever I view
the clouds which have spread over the brightest morn
that ever dawned upon any Country.
In a word, I am lost in amazement,
when I behold what intriguing;
the interested views of desperate characters;
jealousy & ignorance of the Minor part, are capable
of effecting as a scourge on the major part
of our fellow citizens of the Union:
for it is hardly to be imagined that
the great body of the people though they will not act
can be so enveloped in darkness, or short sighted
as not to see the rays of a distant sun
through all this mist of intoxication & folly.
You talk, my good Sir, of employing influence
to appease the tumults in Massachusetts—
I know not where that influence is to be found;
and if attainable,
that it would be a proper remedy for the disorders.
Influence is no government.
Let us have one 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 precisely what the Insurgents aim at.
If they have real grievances, redress them, if possible,
or acknowledge the justice of their complaints
and your inability of doing it, in the present moment.
If they have not, employ the force
of 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 & more
contemptible than we already are, is hardly possible.
To delay one of the other of these,
is to exasperate in one case,
and to give confidence in the other;
and will add to their numbers; for like Snow-balls,
such bodies increase by every movement,
unless there is something in the way to obstruct,
& crumble them before the weight is too great & irresistible.
These are my sentiments.
Precedents are dangerous things.
Let the reins of government then
be braced in time & held with a steady hand;
& every violation of the constitution be reprehended.
If defective, let it be amended, but not suffered
to be trampled on whilst it has an existence.5
On 5 November 1786 Washington wrote to James Madison,
Let prejudices, unreasonable jealousies, and local interest
yield to reason and liberality.
Let us look to our National character,
and to things beyond the present period.
No Morn ever dawned more favorable than ours did—
and no day was ever more clouded than the present!
Wisdom, & good examples are necessary at this time
to rescue the political machine from the impending storm.
Virginia has now an opportunity to set the latter,
and has enough of the former, I hope, to take the lead
in promoting this great & arduous work.
Without some alteration in our political creed,
the superstructure we have been seven years raising
at the expense of much blood and treasure, must fall.
We are fast verging to anarchy & confusion!
A letter which I have just received from General Knox,
who had just returned from Massachusetts
(whither he had been sent by Congress
consequent of the Commotion in that State)
is replete with melancholy information of the temper
& designs of a considerable part of that people.
Among other things he says, “Their creed is, that
the property of the United States, has been protected
from confiscation of Britain by the joint exertions of all,
and therefore ought to be the common property of all.
And he that attempts opposition to this creed
is an enemy to equity & justice,
& ought to be swept from off the face of the Earth.”
Again “They are determined to annihilate all debts
public & private, and have Agrarian Laws, which are
easily effected by the means of unfunded paper Money
which shall be a tender in all cases whatever.”
He adds, “The numbers of these people amount
in Massachusetts to about one fifth part of
several populous Counties, and to them may be collected,
people of similar sentiments from the States of
Rhode Island, Connecticut, & New Hampshire
so as to constitute a body of twelve or fifteen thousand
desperate, and unprincipled men.
They are chiefly of the young
& active part of the Community.”
How melancholy is the Reflection, that in so short a space,
we should have made such large strides towards
fulfilling the prediction of our transatlantic foe!—
“Leave them to themselves,
and their government will soon dissolve.”
Will not the wise & good strive hard to avert this evil?
Or will their supineness suffer ignorance
and the arts of self-interested designing disaffected
& desperate characters, to involve this rising empire
in wretchedness & contempt?
What stronger evidence can be given of the want of energy
in our governments than these disorders?
If there exists not a power to check them,
what security has a man of life, liberty, or property?
To you, I am sure I need not add aught on this subject,
the consequences of a lax, or inefficient government,
are too obvious to be dwelt on.
Thirteen sovereignties pulling against each other,
and all tugging at the federal head
will soon bring ruin on the whole;
whereas a liberal, and energetic Constitution, well guarded,
& closely watched, to prevent encroachments,
might restore us to that degree of respectability
& consequence, to which we had a fair claim,
& the brightest prospect of attaining.6
Shays’ Rebellion insurgents attempted to seize armaments
from the national arsenal at Springfield in late December.
Washington on 26 December 1786 sent a reply to his friend Henry Knox
thanking him for telling him about the insurrection, and he wrote,
Lamentable as the conduct of the Insurgents
of Massachusetts is, I am exceedingly obliged to you
for the advices respecting them; & pray you, most ardently,
to continue the account of their proceedings; because I can
depend upon them from you without having my mind
bewildered with those vague & contradictory reports
which are handed to us in Newspapers;
and which please one hour,
only to make the moments of the next more bitter.
I feel, my dear General Knox,
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 predicted them!
were these people wiser than others,
or did they judge of us from the corruption,
and depravity of their own hearts?
The latter I am persuaded was the case,
and that notwithstanding the boasted virtue of America,
we are far gone in everything ignoble & bad.
I do assure you, that even at this moment,
when I reflect on the present posture of our affairs,
it seems to me to be like the vision of a dream.
My mind does not know how to 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,
probably it might easily have been checked;
but it is scarcely within the reach of human ken,
at this moment, to say when—where—or how it will end.
There are combustibles in every State,
which a spark may set fire to.
In this state, a perfect calm prevails at present,
and a prompt disposition to support,
and give energy to the federal system is discovered,
if the unlucky stirring of the dispute
respecting the navigation of the Mississippi does not become
a leaven that will ferment & sour the mind of it.
The resolutions of the present session respecting
a paper emission, military certificates—&ca
have stamped justice & liberality
on the proceedings of the Assembly, & by a late act,
it seems very desirous of a General Convention
to revise and amend the federal Constitution—
apropos, what prevented the Eastern states
from attending the September meeting at Annapolis?
Of all the states in the Union it should have seemed to me,
that a measure of this sort (distracted as they were
with internal commotions,
and experiencing the want of energy in government)
would have been most pleasing to them.
What are the prevailing sentiments of the one
now proposed to be held at Philadelphia, in May next?
& how will it be attended?
You are at the fountain of intelligence,
and where the wisdom of the Nation,
it is to be presumed, has concentered;
consequently better able (as I have had abundant
experience of your intelligence, confidence, & candor)
to solve these questions.
The Maryland Assembly has been violently agitated
by the question for a paper emission.
It has been carried in the House of Delegates,
but what has, or will be done with the Bill in the Senate
I have not yet heard.
The partisans in favor of the measure in the lower House,
threaten, it is said, a secession if it is rejected
by that Branch of the Legislature—
Thus are we advancing….
In both your letters you intimate,
that the men of reflection, principle & property
in New England feeling the inefficacy
of their present government, are contemplating a change;
but you are not explicit with respect to the nature of it.
It has been supposed, that, the Constitution of the State
of Massachusetts was amongst the most energetic
in the Union—may not these disorders then be ascribed
to an indulgent exercise of the powers of Administration?
If your laws authorized, and your powers
were adequate to the suppression of these tumults,
in the first appearance of them, delay & temporizing
expedients were, in my opinion improper,
these are rarely well applied, & the same causes
would produce similar effects in any form of government,
if the powers of it are not enforced.
I ask this question for information,
I know nothing of the facts.
That G.B. will be an unconcerned spectator of the present
insurrections (if they continue) is not to be expected.
That she is at this moment sowing the Seeds of jealousy
& discontent among the various tribes of Indians
on our frontier admits of no doubt, in my mind.
And that she will improve every opportunity to foment
the spirit of turbulence within the bowels
of the United States, with a view of distracting
our governments, & promoting divisions,
is, with me, not less certain.
Her first Maneuvers will, no doubt, be covert,
and may remain so till the period shall arrive
when a decided line of conduct may avail her.
Charges of violating the treaty, & other pretexts,
will not then be wanting to color overt acts,
tending to effect the great objects
of which she has long been in labor.
A Man is now at the head of their American Affairs
well calculated to conduct measures of this kind,
& more than probably was selected for the purpose.
We ought not therefore to sleep nor to slumber—
vigilance in the watching, & vigor in acting,
is, in my opinion, become indispensably necessary.
If the powers are inadequate amend or alter them,
but do not let us sink into the lowest state of humiliation
& contempt, & become a byword in all the earth—
I think with you that the Spring will unfold important
& distressing Scenes, unless much wisdom
& good management is displayed in the interim.7
On the same day Washington also wrote to David Humphreys a letter
which in the largest portion entitled “Private and Confidential” had this:
On the last occasion, only five States were represented—
none East of New York.
Why the New England Governments did not appear
I am yet to learn; for of all others the distractions
& turbulent temper of their people would,
I should have thought, have afforded the strongest evidence
of the necessity of competent powers somewhere.
That the federal Government is nearly,
if not quite at a stand none will deny:
The question then is, can it be propped—
or shall it be annihilated?
If the former, the proposed Convention is an object
of the first magnitude and should be supported
by all the friends of the present Constitution.
In the other case, if on a full and dispassionate revision
thereof, the continuances shall be adjudged impracticable,
or unwise, would it not be better for such a meeting
to suggest some other to avoid, if possible,
civil discord, or other impending evils.
Candor however obliges me to confess that
as we could not remain quiet more than three or four years
(in time of peace) under the constitutions of our own choice,
which it was believed, in many instances,
were formed with deliberation & wisdom,
I see little prospect either of our agreeing upon any other,
or that we should remain long satisfied under it if we could—
Yet I would wish to see anything and everything
essayed to prevent the effusion of blood,
and to avert the humiliating, & contemptible figure
we are about to make, in the Annals of Mankind.
Peace & tranquility prevail in this State.
The Assembly by a very great Majority,
and in very emphatical terms have rejected
an application for paper money;
and spurned the idea of fixing the value
of Military certificates by a scale of depreciation.
In some other respects too, the proceedings
of the present Session have been marked with Justice,
and a strong desire of supporting the federal system.8
On 4 January 1787 Governor James Bowdoin of Massachusetts
called out 4,400 troops without consulting the legislature,
and he
asked businessmen in Boston to contribute to his goal of £6,000.
The banker William Phillips gave £300, and Bowdoin himself subscribed £250.
General Benjamin Lincoln led the militia.
Shays’ forces needed gunpowder, and they attacked the Worcester garrison on January 25.
Four farmers were shot, and the others fled.
Lincoln’s force arrived the next day and camped on the snowy hills near Pelham.
Shays led his men to Petersham, and on February 4 Lincoln’s vanguard attacked the town.
Many Regulators retreated to Vermont as Lincoln’s cavalry captured several hundred men.
Eli Parsons tried to raise soldiers in Vermont on February 13,
but Ethan Allen declined to lead them.
The rebels also appealed to Canada’s Governor Dorchester,
and the British foreign office vetoed that project.
On February 16 the Massachusetts legislature barred rebels
from voting, serving as jurors, or holding office for three years.
In late February a contingent of about 90 Regulators led by
Captain Perez Hamlin marched from New York state to Stockbridge
and then took supplies and 32 prisoners toward Sheffield.
Col. John Ashley was the largest landowner there,
and he led 80 men who routed Hamlin’s men and took 150 prisoners
in the last major battle of the rebellion on February 27.
In Springfield the state militia attacked the insurgents,
killing two and wounding thirty as the others fled out of state again.
Jefferson wrote to an aghast Madison that
“a little rebellion now and then is a good thing.”
Washington was concerned and recommended amending the constitution.
The liberal John Hancock had been governor of Massachusetts from 1780 to 1785,
and in the next election he defeated the conservative Governor Bowdoin.
Hancock then implemented reforms, reducing court fees and enacting
no taxes in 1787, and he pardoned the captured rebels.
Yet Massachusetts still refused to issue paper money or revise its 1780 constitution.
After November 3 until 17 January 1787 Congress
could not meet until seven states were represented.
They were unable to elect a president until February 2 when they chose Arthur St. Clair.
On February 21 the grand committee on the Annapolis recommendations
agreed with them on assembling a convention in Philadelphia in May to
make the federal government adequate for the needs of the nation.
Virginia, New York, and Massachusetts passed similar resolutions.
George Washington urged a stronger constitution
than the
Articles of Confederation and recommended revising the constitution.
He had his doubts and became more optimistic after Congress on
21 February 1787 voted for a convention to revise the Articles of Confederation.
John Jay acquainted him with the proposal to divide the
government into legislative, executive, and judicial branches.
Washington wrote a hopeful letter to Knox on February 25,
and on March 8 to Knox he wrote,
I am glad to hear that Congress are
about to remove some of the stumbling blocks
which lay in the way of the proposed Convention.
A Convention I wish to see tried—
after which, if the present government is not efficient,
conviction of the propriety of a change will disseminate
through every rank, and class of people
and may be brought about in peace—till which,
however necessary it may appear in the eyes
of the more discerning, my opinion is, that it cannot be
effected without great contention, and much confusion.
It is among the evils, and perhaps is not the smallest,
of democratic governments, that the people must feel,
before they will see.
When this happens, they are roused to action—
hence it is that this form of government is so slow.
I am indirectly, and delicately pressed
to attend this convention.9
On 10 March 1787 Washington in a letter to John Jay wrote,
But, is the public mind matured for such
an important change as the one you have suggested?
What would be the consequences of a premature attempt?
My opinion is, that this Country have yet to feel,
and see a little more, before it can be accomplished.
A thirst for power, and the bantling—
I had like to have said monster—sovereignty,
which have taken such fast hold of the States individually,
will, when joined by the many whose personal consequence
in the line of State politics will in a manner be annihilated,
form a strong phalanx against it;
and when to these the few who can hold posts of honor
or profit in the National government are compared with
the many who will see but little prospect of being noticed,
and the discontents of others who may look for
appointments the opposition would be altogether
irresistible till the mass as well as the more discerning
part of the Community shall see the Necessity.
Among men of reflection few will be found I believe,
who are not beginning to think that our system is better
in theory than practice—and that, notwithstanding
the boasted virtue of America it is more than probable
we shall exhibit the last melancholy proof that
Mankind are not competent to their own government
without the means of coercion in the Sovereign.
Yet, I would try what the wisdom
of the proposed Convention will suggest;
and what can be effected by their Councils.
It may be the last peaceable mode
of essaying the practicability of the present form,
without a greater lapse of time
than the exigency of our Affairs will admit.
In strict propriety a Convention so held
may not be legal—Congress however
may give it a coloring by recommendation,
which would fit it more to the taste,
without proceeding to a definition of powers.10
On 23 March 1787 Washington wrote to General Benjamin Lincoln,
Ever since the disorders in your State
began to grow serious
I have been particularly anxious to hear from that quarter;
General Knox has, from time to time transmitted to me
the state of affairs as they came to his hands;
but nothing has given such full & satisfactory information
as the particular detail of events which you have been
so good as to favor me with, and for which you will please
to accept my warmest and most grateful acknowledgments.
Permit me also, my dear Sir, to offer you
my sincerest congratulations upon your success.
The suppression of those tumults
& insurrections with so little bloodshed,
is an event as happy as it was unexpected;
it must have been peculiarly agreeable to you,
being placed in so delicate & critical a situation.
I am extremely happy to find that your sentiments
upon the disfranchising act are such as they are;
upon my first seeing it I formed an opinion
perfectly coincident with yours—viz.—
that measures more generally lenient might have produced
equally as good an effect without entirely alienating
the affections of the people from the government.
As it now stands, it affects a large body of men,
some of them, perhaps,
it deprives of the means of gaining a livelihood.
The friends and connections of those people
will feel themselves wounded in a degree,
and I think it will rob the State
of a number of its inhabitants if it produces nothing worse.
It gives me great pleasure to hear
that your Eastern settlement succeeds so well.
The sincere regard which I have for you will always
make your prosperity a part of my happiness.11
On 28 March 1787 Washington wrote in a letter to Gov. Edmund Randolph,
There will be, I apprehend, too much cause to charge
my conduct with inconsistency, in again appearing
on a public theatre after a public declaration to the contrary;
and because it will, I fear, have a tendency
to sweep me back into the tide of public affairs,
when retirement and ease is so essentially
necessary for, and is so much desired by me.
However, as my friends, with a degree of solicitude
which is unusual, seem to wish my attendance
on this occasion, I have come to a resolution
to go if my health will permit….
If after the expression of these sentiments,
the Executive should consider me as one of the Delegates,
I would thank your Excellency for the earliest advice of it;
because if I am able, and should go to Philadelphia,
I shall have some previous arrangements to make, and
would set off for that place the first, or second day of May,
that I may be there in time to account, personally,
for my conduct to the General Meeting of the Cincinnati
which is to convene on the first Monday of that month.12
In April the Congress sent out a letter by John Jay to the states
calling on them to comply with the peace treaty as the law of the land.
On 10 April 1787 Washington in a letter to John Lawson
wrote seven rules for his own guidance.
These included taking office free of advance commitments;
not letting private inclinations affect public affairs;
not let blood or friendship influence decisions, to have due regard for fit characters,
pretensions of candidates, and political considerations;
not to displace one man just to appoint another;
distribute appointments to various states;
and consider those who had shed their blood for their country.
James Madison in April wrote “Vices of the Political System of the United States”
on the following problems of the Confederation:
1) failure of states to comply with requisitions,
2) states encroaching on federal authority,
3) states violating treaties and international law,
4) states trespassing on each other’s rights,
5) lack of cooperation for common interests,
6) inability to stop internal violence,
7) the Confederation’s inability to enforce laws,
8) people did not ratify the Articles of Confederation,
9) too many different laws in the states,
10) too many changes in state laws, and
11) unjust state laws.
By 1787 the United States had liquidated about $28 million of its debt,
and in May
the foreign debt to France, Spain, and Holland was estimated to be $10,271,561.
Most states after the war had debts of more than one million pounds,
and the debts of Pennsylvania and Virginia were still over £1 million.
Between 1780 and 1786 Massachusetts collected nearly £1,900,000 in direct taxes.
Congress was not able to meet between May 11 and July 4.
On 9 May 1787 George Washington left Mount Vernon.
On Sunday May 13 he arrived at Chester, Pennsylvania, and from there
the Cincinnati and other dignitaries escorted him to Philadelphia where
people on the sidewalks welcomed him with cheers on May 14,
the day the convention was to begin.
He found that only the delegations of Pennsylvania and Virginia had arrived.
The Virginians worked on their plan for a completely new government.
He first called on Ben Franklin whom in 1781
he had called a “wise, a great and virtuous man.”
Washington dined with Cincinnati members on 15th, and on the 18th
he was
re-elected president with the understanding that the vice president would handle the duties.
He was pleased to spend time with the attractive and
intelligent Elizabeth Willing Powel and her husband.
Edmund Randolph led the Virginia delegation that
included James Madison and James Mason.
On May 25 the convention began with the quorum of seven states represented.
Franklin was detained because of rain, and he had wealthy Robert Morris
nominate Washington for president of the convention.
He was elected unanimously; he wore his old uniform and made a short speech.
He sat in a tall chair on a platform, and he did not participate
in debates even when he was not presiding.
The convention agreed on secrecy regarding the constitutional debates.
On one occasion some papers dropped by a delegate were found,
and Washington reprimanded the offender by saying,
Gentlemen, I am sorry to find that some one member
of this body has been so neglectful of the secrets
of the convention as to drop in the State House
a copy of their proceedings, which by accident
was picked up and delivered to me this morning.
I must entreat the gentlemen to be more careful,
lest our transactions get into the newspapers
and disturb the public repose by premature speculations.
I do not know whose paper it is,
but there it is—let him who owns it take it.13
Then he walked out of the room.
Washington did not write about the convention’s sessions in his diary.
They met each day for six hours from 10 to 4,
and he never missed a session from May to September.
On May 29 Governor Edmund Randolph presented the Virginia Plan.
On June 4 Ben Franklin prophesied that the one chosen to head the union
would be a good man, and most delegates assumed that would be Washington.
On the 6th Madison advocated the direct election for the House of Representatives.
William Paterson of New Jersey in the middle of June
offered another plan backed by smaller states.
The New Jersey Plan was discussed for three days, and then was voted down.
Alexander Hamilton shared his discomfort with Washington.
The other two delegates from New York left the convention on July 5 and never came back.
On July 10 Washington wrote a short letter to Hamilton
urging him to come back to help bring about a favorable issue.
Washington praised Hamilton for his essays using the name “Publius”
that would later be called The Federalist Papers and which were by
James Madison, Hamilton, and John Jay and argued for a strong central government.
Washington prophesied that they would be appreciated by posterity.
In July they agreed that each state shall have the same number of members in the Senate.
This favored small states while the proportional representation
by population in the House of Representative favored the larger states.
Slavery was the most difficult issue, and they debated various compromises.
Only three-fifths of the slaves were to be counted as population,
and the southern states did not want their slaves taken away.
The slave trade was protected for twenty years.
The great abolitionist William Lloyd Garrison (1805-79) later
would call
the Constitution “a covenant with death and an agreement in hell.”14
Some opposed a single president as the executive power,
and Franklin proposed a small executive council.
Many believed that Washington would be the first President,
and they trusted him not to abuse his power.
Congress was given the authority to declare war while
the President was to be Commander-in-Chief of the military.
Elbridge Gerry’s proposal to limit the standing army to 3,000 men was rejected.
They gave the Federal Government more power over the states.
The Convention adjourned from July 27 to August 6 so that
the Committee on Detail could work on the first draft of the constitution.
On the last day of discussion the presiding Washington supported
reducing the number of people for each representative from 40,000 to 30,000
so that the House of Representatives would have more members.
On September 8 they formed the Committee on Style with five members.
According to James Madison and Abraham Baldwin the delegate from Pennsylvania,
Gouverneur Morris, did most of the writing and provided the brilliant preamble.
As they were leaving the State House, the charming Elizabeth Powel
asked the elderly Franklin what kind of government did they produce,
and Ben responded, “A republic, madam, if you can keep it.”15
Franklin also decided that the sun depicted on the back
of the president’s chair was rising, not setting.
On September 12 the delegates were given printed copies of the United States Constitution.
They began with 55 delegates; 42 stayed to the end, and 39 signed the document.
Edmund Randolph, James Mason, and Elbridge Gerry were the three who declined to sign.
Mason considered the lack of a bill of rights a major issue.
On September 24 Washington in a letter to Patrick Henry wrote,
In the first moments after my return I take the liberty
of sending you a copy of the Constitution
which the Federal Convention has submitted
to the People of these States.
I accompany it with no observations—
your own Judgment will at once discover the good,
and the exceptionable parts of it.
And your experience of the difficulties,
which have ever arisen when attempts have been made
to reconcile such variety of interests,
and local prejudices as pervade the several States
will render explanation unnecessary.
I wish the Constitution which is offered
had been made more perfect, but I sincerely believe
it is the best that could be obtained at this time—
and, as a constitutional door is opened for amendment
hereafter—the adoption of it under the present
circumstances of the Union, is in my opinion desirable.
From a variety of concurring accounts it appears to me
that the political concerns of this Country are,
in a manner, suspended by a thread.
That the Convention has been looked up to
by the reflecting part of the community with a Solicitude
which is hardly to be conceived, and that,
if nothing had been agreed upon by that body,
anarchy would soon have ensued—
the seeds being ripely sown in every soil.16
The Northwest Territory was acquired in the 1783 Peace Treaty
when Britain ceded that land to the United States.
Seven states were present when the Congress of the United States Confederation
with an organic act approved the Northwest Ordinance on 13 July 1787
that was to have no more than five states.
The Congress appointed a governor, secretary, and three judges for each territory.
When they had at least 5,000 male inhabitants,
they could elect their own legislature; the governor could still veto legislation.
The number of inhabitants for a new state was set at one-thirteenth
of the United States population which came to 60,000 people.
Jefferson’s proposal to ban slavery was included,
though fugitive slaves “may be lawfully reclaimed.”
Southerners voted for it because they wanted to avoid
competition in tobacco and indigo from the northwest;
also a provision for the recovery of fugitive slaves was included.
The Northwest Ordinance protected civil liberties and mandated public support for schools.
Here are the first three Articles:
1. No person, demeaning himself in a peaceable
and orderly manner, shall ever be molested
on account of his mode of worship or religious sentiments,
in the said territory.
2. The inhabitants of the said territory shall always be
entitled to the benefits of the writ of habeas corpus,
and of the trial by jury;
of a proportionate representation of the people
in the legislature;
and of judicial proceedings
according to the course of the common law.
All persons shall be bailable, unless for capital offenses,
where the proof shall be evident or the presumption great.
All fines shall be moderate;
and no cruel or unusual punishments shall be inflicted.
No man shall be deprived of his liberty or property,
but by the judgment of his peers or the law of the land;
and, should the public exigencies make it necessary,
for the common preservation, to take any person’s property,
or to demand his particular services,
full compensation shall be made for the same.
And, in the just preservation of rights and property,
it is understood and declared, that no law ought ever
to be made, or have force in the said territory, that shall,
in any manner whatever, interfere with or affect
private contracts or engagements,
bona fide, and without fraud, previously formed.
3. Religion, morality, and knowledge, being necessary
to good government and the happiness of mankind,
schools and the means of education
shall forever be encouraged.
The utmost good faith shall always be observed
towards the Indians; their lands and property
shall never be taken from them without their consent;
and, in their property, rights, and liberty,
they shall never be invaded or disturbed,
unless in just and lawful wars authorized by Congress;
but laws founded in justice and humanity,
shall from time to time be made for preventing wrongs
being done to them,
and for preserving peace and friendship with them.17
The current laws and customs of French and Canadian
inhabitants of the Illinois territory were preserved.
Washington on October 10 in a letter to David Humphreys wrote,
The Constitution that is submitted,
is not free from imperfections;
but there are as few radical defects in it
as could well be expected, considering the heterogeneous
mass of which the Convention was composed—
and the diversity of interests which were to be reconciled.
A Constitutional door being opened,
for future alterations and amendments,
I think it would be wise in the People
to adopt what is offered to them;
and I wish it may be by as great a majority of them
as in the body that decided on it;
but this is hardly to be expected, because the importance,
and sinister views of too many characters
will be affected by the change.
Much will depend however on literary abilities,
& the recommendation of it by good pens, should it be
openly, I mean publicly attacked in the Gazettes.
Go matters however as they may,
I shall have the consolation to reflect, that no objects
but the public good, and that peace & harmony
which I wished to see prevail in the Convention,
ever obtruded, even for a moment, in my mind,
during the whole session lengthy as it was.
What reception this State will give to the proceedings
(through the great territorial extent of it)
I am unable to inform you.
In these parts of it, it is advocated beyond my expectation.
The great opposition, if great is given, will come from the
Counties Southward and Westward; from whence I have
not, as yet, heard much that can be depended on.18
The two famous celebrities Ben Franklin and George Washington
would help persuade many to accept the radical document.
James Madison, Alexander Hamilton, and John Jay defended their work
in the Federalist Papers to support the ratification of the new Constitution.
Hamilton urged Washington to accept the presidency.
George Washington on November 9 in a letter
to his nephew Bushrod Washington wrote,
In due course of Post, I received your letters of the 19th
& 26th Ult.; and since, the one which
you committed to the care of Mr. Powell.
I thank you for the communications therein,
& for a continuation, in matters of importance,
I shall be obliged to you.
That the Assembly would afford the people an opportunity
of deciding on the proposed Constitution I had hardly a doubt;
the only question with me was, whether it would go forth under
favorable auspices, or be branded with the mark of disapprobation.
The opponents, I expected, (for it has ever been, that the
adversaries to a measure are more active than its friends)
would endeavor to give it an unfavorable complexion,
with a view to bias the public mind.
This, evidently, is the case with the writers in opposition;
for their objections are better calculated to alarm the fears,
than to convince the judgment of their readers.
They build them upon principles which do not exist in the
Constitution—which the known & literal sense of it,
does not support them in; and this too, after being flatly told
that they are treading on untenable ground and after
an appeal has been made to the letter, & spirit thereof,
for proof: and then, as if the doctrine was incontrovertible,
draw such consequences as are necessary to rouse
the apprehensions of the ignorant, & unthinking.
It is not the interest of the major part of these characters
to be convinced; nor will their local views yield to arguments
which do not accord with their present, or future prospects;
and yet, a candid solution of a single question, to which
the understanding of almost every man is competent,
must decide the point in dispute—namely
is it best for the States to unite, or not to unite?
If there are men who prefer the latter, then,
unquestionably, the Constitution which is offered, must,
in their estimation, be inadmissible from the first Word
to the last signature, inclusively.
But those who may think differently, and yet object
to parts of it, would do well to consider, that it does not
lie with one State, nor with a minority of the States,
to superstruct a Constitution for the whole.
The separate interests, as far as it is practicable, must be
consolidated—and local views as far as the general good
will admit, must be attended to.
Hence it is that every state has some objection
to the proposed form; and that these objections
are directed to different points.
That which is most pleasing to one,
is obnoxious to another, and vice versa.
If then the Union of the whole is a desirable object,
the parts which compose it, must yield a little
in order to accomplish it; for without the latter,
the former is unattainable.
For I again repeat it, that not a single state nor a minority
of the States, can force a Constitution on the majority.
But admitting they had (from their importance) the power
to do it, will it not be granted that the attempt would be
followed by civil commotions of a very serious nature?
But to sum up the whole, let the opponents of the proposed
Constitution, in this State, be asked—it is a question
they ought certainly to have asked themselves;
What line of conduct they would advise it to adopt,
if nine other States should accede to it,
of which I think there is little doubt?
Would they recommend that it should stand
on its own basis—separate & distinct from the rest?
Or would they connect it with Rhode Island, or even
say two others, checkerwise, & remain with them
as outcasts from the Society, to shift for themselves?
or will they advise a return to our former dependence
on Great Britain for their protection & support?
or lastly would they prefer the mortification of coming in,
when they will have no credit there from?
I am sorry to add in this place that Virginians entertain
too high an opinion of the importance of their own Country.
In extent of territory—In number of Inhabitants
(of all descriptions) & In wealth I will readily grant that
it certainly stands first in the Union;
but in point of strength, it is, comparatively, weak.
To this point, my opportunities authorize me to speak,
decidedly; and sure I am, in every point of view,
in which the subject can be placed, it is not
(considering also the Geographical situation of the State)
more the interest of any one of them to confederate,
than it is the one in which we live.
The warmest friends to and the best supporters of
the Constitution, do not contend that it is free from
imperfections; but these were not to be avoided,
and they are convinced if evils are likely to flow from them,
that the remedy must come thereafter; because,
in the present moment it is not to be obtained.
And as there is a Constitutional door open for it,
I think the people (for it is with them to judge) can,
as they will have the aid of experience on their side,
decide with as much propriety on the alterations and
amendments which shall be found necessary, as ourselves;
for I do not conceive that we are more inspired—
have more wisdom—or possess more virtue
than those who will come after us.
The power under the Constitution
will always be with the people.
It is entrusted for certain defined purposes and for a certain
limited period to representatives of their own choosing;
and whenever it is exercised contrary to their interests,
or not according to their wishes, their Servants can,
and undoubtedly will be, recalled.
There will not be wanting those who will bring forward
complaints of mal-administration whensoever they occur.
To say that the Constitution may be strained,
and an improper interpretation given to some of the clauses
or articles of it, will apply to any that can be framed—
in a word renders any one nugatory—for not one,
more than another, can be binding,
if the spirit and letter of the expression is disregarded.
It is agreed on all hands that no government can be well
administered without powers; and yet, the instant these
are delegated, although those who are entrusted with the
Administration are taken from the people—
return shortly to them again—and must feel the bad effect
of oppressive measures—the persons holding them,
as if their natures were immediately metamorphosed,
are denominated tyrants,
and no disposition is allowed them but to do wrong.
Of these things in a government so constituted and guarded
as the proposed one is, I can have no idea;
and do firmly believe that whilst many ostensible reasons
are held out against the adoption of it, the true ones
are yet behind the Curtain;
not being of a nature to appear in open day.
I believe further, supposing these objections to be founded
in purity itself that as great evils result
from too much jealousy, as from the want of it.
And I adduce several of the Constitutions of these States,
as proof thereof.
No man is a warmer advocate for proper restraints,
and wholesome checks in every department of government
than I am; but neither my reasoning, nor my experience,
has yet been able to discover the propriety
of preventing men from doing good,
because there is a possibility of their doing evil.
If Mr. Ronald can place the finances of this Country
upon so respectable a footing as he has intimated,
he will deserve its warmest, and most grateful thanks.
In the attempt, my best wishes
which is all I have to offer—will accompany him.
I hope there remains virtue enough in the Assembly
of this State, to preserve inviolate public treaties,
and private contracts.
If these are infringed, farewell to respectability,
and safety in the Government.
I never possessed a doubt, but if any had ever existed
in my breast, re-iterated proofs would have convinced me
of the impolicy, of all commutable taxes.
If wisdom is not to be acquired from experience,
where is it to be found?
But why ask the question?
Is it not believed by every one that these are time-serving
jobs by which a few are enriched, at the public expense!
but whether the plan originates for this purpose,
or is the child of ignorance, oppression is the result.
You have, I find, broke the ice (as the saying is).
One piece of advice only I will give you on the occasion
(if you mean to be a respectable member,
and to entitle yourself to the Ear of the House)
and that is—except in local matters which respect
your Constituents and to which you are obliged,
by duty, to speak, rise but seldom
let this be on important matters—and then
make yourself thoroughly acquainted with the subject.
Never be agitated by more than a decent warmth,
& offer your sentiments with modest diffidence.
Opinions thus given, are listened to with more attention
than when delivered in a dictatorial style.
The latter, if attended to at all, although they may
force conviction, is sure to convey disgust also.19
The states Pennsylvania, New Jersey, Delaware, Georgia,
and Connecticut had adopted the Constitution by January 1788,
and Massachusetts, Maryland, and South Carolina ratified it by May.
A ninth state was needed to make it effective,
and New Hampshire ratified it 57 to 47 on June 21.
The Virginia convention on June 25 voted 89 to 79 to become the tenth state
that ratified the Constitution, and that news delighted Washington on June 28.
New York became the eleventh to ratify.
North Carolina ratified the Constitution on 21 November 1789,
and Rhode Island finally did so on 29 May 1790.
Here is the United States Constitution as it was ratified in 1788:
Article. I.
Section. 1.
All legislative Powers herein granted shall be vested
in a Congress of the United States, which
shall consist of a Senate and House of Representatives.Section. 2.
The House of Representatives shall be composed
of Members chosen every second Year by the People
of the several States, and the Electors in each State
shall have the Qualifications requisite for Electors
of the most numerous Branch of the State Legislature.
No Person shall be a Representative who
shall not have attained to the Age of twenty five Years,
and been seven Years a Citizen of the United States,
and who shall not, when elected,
be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned
among the several States which may be included
within this Union, according to their respective Numbers,
which shall be determined by adding
to the whole Number of free Persons,
including those bound to Service for a Term of Years, and
excluding Indians not taxed, three fifths of all other Persons.
The actual Enumeration shall be made within three Years
after the first Meeting of the Congress of the United States,
and within every subsequent Term of ten Years,
in such Manner as they shall by Law direct.
The Number of Representatives shall not exceed
one for every thirty Thousand,
but each State shall have at Least one 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.Section. 3.
The Senate of the United States shall be composed
of two Senators from each State,
chosen by the Legislature thereof, for six Years;
and each Senator shall have one Vote.
Immediately after they shall be assembled
in Consequence of the first Election, they shall be divided
as equally as may be into three Classes.
The Seats of the Senators of the first Class shall be vacated
at the Expiration of the second Year,
of the second Class at the Expiration of the fourth Year,
and of the third Class at the Expiration of the sixth Year,
so that one third may be chosen every second Year;
and if Vacancies happen by Resignation, or otherwise,
during the Recess of the Legislature of any State,
the Executive thereof may make temporary Appointments
until the next Meeting of the Legislature,
which shall then fill such Vacancies.
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,
and also a President pro tempore,
in the Absence of the Vice President,
or when he shall exercise
the Office of President of the United States.
The Senate shall have the sole Power
to try all Impeachments.
When sitting for that Purpose,
they shall be on Oath or Affirmation.
When the President of the United States is tried,
the Chief Justice shall preside:
And no Person shall be convicted without
the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment
shall not extend further than to removal from Office,
and disqualification to hold and enjoy any Office of honor,
Trust or Profit under the United States:
but the Party convicted shall nevertheless
be liable and subject to Indictment,
Trial, Judgment and Punishment, according to Law.Section. 4.
The Times, Places and Manner of holding Elections
for Senators and Representatives, shall be prescribed
in each State by the Legislature thereof;
but the Congress may at any time by Law
make or 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.Section. 5.
Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members,
and a Majority of each shall constitute a Quorum
to do Business;
but a smaller Number may adjourn from day to day,
and may be authorized to compel the Attendance
of absent Members, in such Manner,
and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behavior,
and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings,
and from time to time publish the same,
excepting such Parts as may
in their Judgment require Secrecy;
and the Yeas and Nays of the Members of either House
on any question shall, at the Desire
of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall,
without the Consent of the other,
adjourn for more than three days,
nor to any other Place than that
in which the two Houses shall be sitting.Section. 6.
The Senators and Representatives shall receive
a Compensation for their Services,
to be ascertained by Law,
and paid out of the Treasury of the United States.
They shall in all Cases, except Treason,
Felony and Breach of the Peace, be privileged from Arrest
during their Attendance at the Session
of their respective Houses,
and in going to and returning from the same;
and for any Speech or Debate in either House,
they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time
for which he was elected, be appointed to any civil Office
under the Authority of the United States,
which shall have been created,
or the Emoluments whereof shall have been increased
during such time;
and no Person holding any Office under the United States,
shall be a Member of either House
during his Continuance in Office.Section. 7.
All Bills for raising Revenue
shall originate in the House of Representatives;
but the Senate may propose or concur
with Amendments as on other Bills.
Every Bill which shall have passed
the House of Representatives and the Senate, shall,
before it become a Law,
be presented to the President of the United States;
If he approve he shall sign it, but if not he shall return it,
with his Objections to that House in which
it shall have originated, who shall enter the Objections
at large on their Journal, and proceed to reconsider it.
If after such Reconsideration two thirds of that House
shall agree to pass the Bill, it shall be sent,
together with the Objections, to the other House,
by which it shall likewise be reconsidered,
and if approved by two thirds of that House,
it shall become a Law.
But in all such Cases the Votes of both Houses
shall be determined by yeas and Nays,
and the Names of the Persons voting for and against the Bill
shall be entered on the Journal of each House respectively.
If any Bill shall not be returned by the President
within ten Days (Sundays excepted)
after it shall have been presented to him,
the Same shall be a Law,
in like Manner as if he had signed it, unless
the Congress by their Adjournment prevent its Return,
in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence
of the Senate and House of Representatives
may be necessary (except on a question of Adjournment)
shall be presented to the President of the United States;
and before the Same shall take Effect,
shall be approved by him, or being disapproved by him,
shall be repassed by two thirds
of the Senate and House of Representatives, according to
the Rules and Limitations prescribed in the Case of a Bill.Section. 8.
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts
and provide for the common Defense
and general Welfare of the United States;
but all Duties, Imposts and Excises
shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations,
and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization,
and uniform Laws on the subject of Bankruptcies
throughout the United States;
To coin Money, regulate the Value thereof,
and of foreign Coin,
and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting
the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts,
by securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed
on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;
To raise and support Armies,
but no Appropriation of Money to that Use
shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government
and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining,
the Militia, and for governing such Part of them
as may be employed in the Service of the United States,
reserving to the States respectively, the Appointment
of the Officers, and the Authority of training the Militia
according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square)
as may, by Cession of particular States,
and the Acceptance of Congress,
become the Seat of the Government of the United States,
and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State
in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards,
and other needful Buildings;—And
To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers,
and all other Powers vested by this Constitution
in the Government of the United States,
or in any Department or Officer thereof.Section. 9.
The Migration or Importation of such Persons
as any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress
prior to the Year one thousand eight hundred and eight,
but a Tax or duty may be imposed on such Importation,
not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus
shall not be suspended, unless when in Cases of Rebellion
or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid,
unless in Proportion to the Census
or enumeration herein before directed to be taken.
No Tax or Duty shall be laid
on Articles exported from any State.
No Preference shall be given by any Regulation
of Commerce or Revenue to the Ports of one State
over those of another:
nor shall Vessels bound to, or from, one State,
be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury,
but in Consequence of Appropriations made by Law;
and a regular Statement and Account of the Receipts
and Expenditures of all public Money
shall be published from time to time.
No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust
under them, shall, without the Consent of the Congress,
accept of any present, Emolument, Office, or Title,
of any kind whatever, from any King, Prince, or foreign State.Section. 10.
No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal;
coin Money; emit Bills of Credit;
make any Thing but gold and silver Coin
a Tender in Payment of Debts;
pass any Bill of Attainder, ex post facto Law,
or Law impairing the Obligation of Contracts,
or grant any Title of Nobility.
No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports,
except what may be absolutely necessary
for executing it’s inspection Laws:
and the net Produce of all Duties and Imposts,
laid by any State on Imports or Exports,
shall be for the Use of the Treasury of the United States;
and all such Laws shall be subject
to the Revision and 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.
Section. 1.
The executive Power shall be vested
in a President of the United States of America.
He shall hold his Office during the Term of four Years,
and, together with the Vice President,
chosen for the same Term, be elected, as follows
Each State shall appoint, in such Manner
as the Legislature thereof may direct, a Number of Electors,
equal to the whole Number of Senators and Representatives
to which the State may be entitled in the Congress:
but no Senator or Representative, or Person
holding an Office of Trust or Profit under the United States,
shall be appointed an Elector.
The Electors shall meet in their respective States,
and vote by Ballot for two Persons,
of whom one at least shall not be an Inhabitant
of the same State 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 of the Removal of the President from Office,
or of his Death, Resignation, or Inability to discharge
the Powers and Duties of the said Office,
the Same shall devolve on the Vice President,
and the Congress may by Law provide
for the Case of Removal, Death, Resignation or Inability,
both of the President and Vice President,
declaring what Officer shall then act as President,
and such Officer shall act accordingly,
until the Disability be removed,
or a President shall be elected.
The President shall, at stated Times,
receive for his Services, a Compensation,
which shall neither be 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 enter on the Execution of his Office,
he shall take the following Oath or Affirmation:—
"I do solemnly swear (or affirm) that I will faithfully execute
the Office of President of the United States,
and will to the best of my Ability, preserve, protect
and defend the Constitution of the United States."Section. 2.
The President shall be Commander in Chief
of the Army and Navy of the United States,
and of the Militia of the several States,
when called into the actual Service of the United States;
he may require the Opinion, in writing,
of the principal Officer in each of the executive Departments,
upon any Subject relating to the Duties
of their respective Offices,
and he shall have Power to grant Reprieves and Pardons
for Offences against the United States,
except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent
of the Senate, to make Treaties,
provided two thirds of the Senators present concur;
and he shall nominate, and by and with the Advice
and Consent of the Senate, shall appoint Ambassadors,
other public Ministers and Consuls,
Judges of the supreme Court,
and all other Officers of the United States,
whose Appointments are not herein otherwise provided for,
and which shall be established by Law:
but the Congress may by Law vest the Appointment
of such inferior Officers, as they think proper,
in the President alone, in the Courts of Law,
or in the Heads of Departments.
The President shall have Power to fill up all Vacancies
that may happen during the Recess of the Senate,
by granting Commissions
which shall expire at the End of their next Session.Section. 3.
He shall from time to time give to the Congress
Information of the State of the Union,
and recommend to their Consideration such Measures
as he shall judge necessary and expedient;
he may, on extraordinary Occasions, convene both Houses,
or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment,
he may adjourn them to such Time as he shall think proper;
he shall receive Ambassadors and other public Ministers;
he shall take Care that the Laws be faithfully executed,
and shall Commission all the Officers of the United States.Section. 4.
The President, Vice President
and all civil Officers of the United States,
shall be removed from Office on Impeachment for,
and Conviction of, Treason, Bribery,
or other high Crimes and Misdemeanors.Article. III.
Section. 1.
The judicial Power of the United States,
shall be vested in one supreme Court,
and in such inferior Courts as the Congress
may from time to time ordain and establish.
The Judges, both of the supreme and inferior Courts,
shall hold their Offices during good Behavior,
and shall, at stated Times, receive for their Services,
a Compensation, which shall not be diminished
during their Continuance in Office.Section. 2.
The judicial Power shall extend to all Cases,
in Law and Equity, arising under this Constitution,
the Laws of the United States, and Treaties made,
or which shall be made, under their Authority;—
to all Cases affecting Ambassadors,
other public Ministers and Consuls;—
to all Cases of admiralty and maritime Jurisdiction;—
to Controversies to which the United States
shall be a Party;—
to Controversies between two or more States;—
between a State and Citizens of another State,—
between Citizens of different States,—between Citizens
of the same State claiming Lands under Grants
of different States, and between a State, or the Citizens
thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers
and Consuls, and those in which a State shall be Party,
the supreme Court shall have original Jurisdiction.
In all the other Cases before mentioned,
the supreme Court shall have appellate Jurisdiction,
both as to Law and Fact, with such Exceptions,
and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed;
but when not committed within any State,
the Trial shall be at such Place or Places
as the Congress may by Law have directed.Section. 3.
Treason against the United States,
shall consist only in levying War against them, or
in adhering to their Enemies, giving them Aid and Comfort.
No Person shall be convicted of Treason
unless on the Testimony of two Witnesses
to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare
the Punishment of Treason, but no Attainder of Treason
shall work Corruption of Blood, or Forfeiture
except during the Life of the Person attainted.Article. IV.
Section. 1.
Full Faith and Credit shall be given
in each State to the public Acts, Records,
and judicial Proceedings of every other State.
And the Congress may by general Laws prescribe
the Manner in which such Acts, Records and Proceedings
shall be proved, and the Effect thereof.Section. 2.
The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony,
or other Crime, who shall flee from Justice,
and be found in another State, shall on Demand
of the executive Authority of the State from which he fled,
be delivered up, to be removed
to the State having Jurisdiction of the Crime.
No Person held to Service or 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.Section. 3.
New States may be admitted by the Congress
into this Union; but no new State shall be formed or erected
within the Jurisdiction of any other State;
nor any State be formed by the Junction
of two or more States, or Parts of States,
without the Consent of the Legislatures
of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make
all needful Rules and Regulations respecting the Territory
or other Property belonging to the United States;
and nothing in this Constitution shall be so construed
as to Prejudice any Claims of the United States,
or of any particular State.Section. 4.
The United States shall guarantee to every State
in this Union a Republican Form of Government,
and shall protect each of them against Invasion;
and on Application of the Legislature, or of the Executive
(when the Legislature cannot be convened)
against domestic Violence.Article. V.
The Congress, whenever two thirds of both Houses
shall deem it necessary, shall propose Amendments
to this Constitution, or, on the Application of the Legislatures
of two thirds of the several States,
shall call a Convention for proposing Amendments, which,
in either Case, shall be valid to all Intents and Purposes,
as Part of this Constitution, when ratified by the Legislatures
of three fourths of the several States,
or by Conventions in three fourths thereof,
as the one or the other Mode of Ratification
may be proposed by the Congress;
Provided that no Amendment which may be made
prior to the Year One thousand eight hundred and eight
shall in any Manner affect the first and fourth Clauses
in the Ninth Section of the first Article;
and that no State, without its Consent,
shall be deprived of 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 Office or public Trust under the United States.Article. VII.
The Ratification of the Conventions of nine States,
shall be sufficient for the Establishment of this Constitution
between the States so ratifying the Same.20
On June 29 Washington wrote to Benjamin Lincoln,
I beg you will accept my thanks for the communications
handed to me in your letter of the 3d instant.
And my congratulations on the increasing good dispositions
of the Citizens of your State—
of which the late Elections are strongly indicative.
No one can rejoice more than I do at every step taken
by the People of this great Country to preserve the Union—
establish good order and government—and to render
the Nation happy at home & respectable abroad.
No Country upon Earth ever had it more in its power
to attain these blessings than United America.
Wondrously strange then, and much to be regretted
indeed would it be, were we to neglect the means,
and to depart from the road to which
Providence has pointed us to, so plainly;
I cannot believe it will ever come to pass!
The great Governor of the Universe
has led us too long and too far on the road
to happiness and glory, to forsake us in the midst of it.
By folly and improper conduct,
proceeding from a variety of causes,
we may now and then get bewildered;
but I hope and trust that there is good sense
and virtue enough left to recover the right path
before we shall be entirely lost.
You will, before this letter can have reached you,
have heard of the Ratification
of the new Government of this State.
The final question without previous amendments
was taken the 25th. Ayes 89—Noes 79;
but something recommendatory, or declaratory of the rights,
accompanied the ultimate decision.
This account and the news of the adoption
by New Hampshire arrived in Alexandria
nearly about the same time on Friday evening;
and, as you will suppose, was cause
for great rejoicing among the Inhabitants
who have not I believe an Antifederalist among them.
Our Accounts from Richmond are, that the debates,
through all the different Stages of the business,
though brisk and animated, have been conducted
with great dignity and temper;
that the final decision exhibited an awful and solemn scene,
and that there is every reason to expect
a perfect acquiescence therein by the minority;
not only from the declaration of Mr. Henry, the great leader
of it, who has signified that though he cannot be reconciled
to the Constitution in its present form, and shall give it every
constitutional opposition in his power yet that he will submit
to it peaceably, as he thinks every good Citizen ought to do
when it is in exercise and that he will both by precept and
example inculcate this doctrine to all around him.
There is little doubt entertained here now of the
ratification of the proposed Constitution by North Carolina;
and however great the opposition to it may be in New York
the leaders thereof will, I should conceive,
consider well the consequences before they reject it.
With respect to Rhode Island, the power that governs there
has so far baffled all calculation on this question
that no man would choose to hazard an opinion lest
he might be suspected of participating in its phrensy.21
New York ratified the Constitution on July 26.
North Carolina delayed doing so until November 1789,
and Rhode Island declined to organize a convention until 1790
when they voted to join the Union.
The old Congress established 4 March 1789 as the day
the new government would become effective.
Alexander Hamilton wrote to Washington that the survival of the
new government will very likely depend on Washington becoming President.
Washington in response wrote back on 3 October 1788,
I am particularly glad, in the present instance,
you have dealt thus freely and like a friend.
Although I could not help observing from several
publications and letters that my name had been sometimes
spoken of, and that it was possible the Contingency
which is the subject of your letter might happen;
yet I thought it best to maintain a guarded silence
and to lack the counsel of my best friends
(which I certainly hold in the highest estimation)
rather than to hazard an imputation
unfriendly to the delicacy of my feelings.
For, situated as I am, I could hardly bring the question
into the slightest discussion,
or ask an opinion even in the most confidential manner;
without betraying, in my judgment,
some impropriety of conduct, or without feeling
an apprehension that a premature display of anxiety,
might be construed into a vainglorious desire
of pushing myself into notice as a Candidate.
Now, if I am not grossly deceived in myself,
I should unfeignedly rejoice, in case the Electors,
by giving their votes in favor of some other person,
would save me from the dreaded Dilemma
of being forced to accept or refuse.
If that may not be—I am, in the next place,
earnestly desirous of searching out the truth,
and of knowing whether there does not exist a probability
that the government would be just as happily and effectually
carried into execution, without my aid, as with it.
I am truly solicitous to obtain all the previous information
which the circumstances will afford, and to determine
(when the determination can with propriety
be no longer postponed) according to the principles
of right reason, and the dictates of a clear conscience;
without too great a reference
to the unforeseen consequences,
which may affect my person or reputation.
Until that period, I may fairly hold myself open to conviction
though I allow your sentiments to have weight in them;
and I shall not pass by your arguments
without giving them as dispassionate a consideration,
as I can possibly bestow upon them.22
President-elect Washington drafted this form letter to give to job seekers,
Should it inevitably prove my lot to hold
the Chief Magistracy, I have determined to enter
into the office without being under any pre-engagements
to any person of any nature whatsoever.
This answer I have already given
and especially for the—office in the district of—.
And this line of conduct I have observed
because I thought the justice I owed to my own reputation
and the justice I owed to my country required that
I should be perfectly free to act while in office
with a supreme and undeviating regard
for individual merit and the public good.
Although I can easily conceive that the general principle
on which nominations ought in good policy and equity
to be made may be easily ascertained,
still I cannot possibly form a conception
of a more delicate and arduous task
than the particular of those principles to practice.
With the best possible intentions
it will be impossible to give universal satisfaction.23
David Humphreys was a friend of Washington, and as secretary
he would write many rejection letters for Washington.
In late 1788 or early 1789 in his notebook Humphreys wrote that Washington said,
The unfortunate condition of the persons,
whose labor in part I employed,
has been the only unavoidable subject of regret.
To make the Adults among them as easy & as comfortable
in their circumstances as their actual state of ignorance
& improvidence would admit; & to lay a foundation
to prepare the rising generation for a destiny
different from that in which they were born;
afforded some satisfaction to my mind,
& could not I hoped be displeasing
to the justice of the Creator.24
Notes
1. Washington Writings, p. 593-594.
2. Ibid., p. 595-597.
3. Ibid., p. 600.
4. Ibid., p. 607.
5. Ibid., p. 608-609.
6. Ibid., p. 621.
7. Ibid., p. 628-630.
8. Ibid., p. 632-634.
9. Ibid., p. 641-642.
10. Ibid., p. 643-644.
11. George Washington: A Biography in His Own Words ed. Ralph K. Andrist,
p. 280-281.
12. Washington Writings, p. 644-645.
13. Washington: A Life by Ron Chernow, p. 530.
14. Ibid., p. 537.
15. Ibid., p. 539.
16. Washington Writings, p. 656.
17. Documents of American History ed. Henry Steele Commager, p. 130-131.
18. From George Washington to David Humphreys, 10 October 1787 (on line)
19. Washington Writings, p. 659-663.
20. Documents of American History ed. Henry Steele Commager, p. 138-145.
21. Washington Writings, p. 688-689.
22. Ibid., p. 696-697.
23. George Washington: A Life by Willard Sterne Randall, p. 441.
24. An Imperfect God: George Washington, His Slaves,
and the Creation of America by Henry Wincek, p. 272.
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