the second electors so met shall proceed to vote by ballot, for
one of the persons, named in the lists, who shall have the three
highest numbers of the votes of the first electors ; and if upon
the first, or any succeeding ballot, on the day of the meeting,
either of those persons shall have a number of votes, equal to a
majority of the whole number of second electors chosen, he
shall be the President. But if no such choice be made, on the
day appointed for the meeting, either by reason of the non-
attendance of the second electors, or their not agreeing, or any
other matter, the person having the greatest number of votes
of the first electors shall be the President.
^Ei. 30.] FEDERAL CONVENTION. 401
Sec. 5. If it should happen that the chief justice or some
other judge of the Supreme Court, should not attend in due
time, the second electors shall proceed to the execution of their
trust without him.
Sec. 6. If the judges should neglect to cause the notice re
quired by the first section of this article to be given within the
time therein limited, they may, nevertheless, cause it to be
afterwards given ; but their neglect, if wilful, is hereby declared
to be an offence, for which they may be impeached, and if con
victed, they shall be punished as in other cases of conviction on
Sec. 7. The Legislature shall, by permanent laws, provide
such further regulations as may be necessary for the more or
derly election of the President, not contravening the provisions
Sec. 8. The President, before he shall enter upon the execu
tion of his office, shall take an oath or affirmation, faithfully to
execute the same, and to the utmost of his judgment and power
to protect the rights of the people, and preserve the Constitu
tion inviolate. This oath or affirmation shall be administered
by the President of the Senate, for the time being, in the pre
sence of both houses of the Legislature.
Sec. 9. The Senate and the Assembly shall always convene
in session on the day appointed for the meeting of the second
electors, and shall continue sitting till the President take the
oath or affirmation of office. He shall hold his office during
good behavior, removable only by conviction upon an impeach
ment for some crime or misdemeanor.
Sec. 10. The President, at the beginning of every meeting of
the Legislature, as soon as they shall be ready to proceed to
business, .shall convene them together at the place where the
Senate shall sit, and shall communicate to them all such matters
as may be necessary for their information, or as may require
their consideration. He may, by message, during the session,
communicate all other matters which may appear to him proper.
He may, whenever in his opinion the public business shall re
quire it, convene the Senate and Assembly, or either of them,
402 HAMILTON'S WORKS. [JET. 30.
and may prorogue them for a time, not exceeding forty days at
one prorogation ; and if they should disagree about their ad
journment, he may adjourn them to such time as he shall think
proper. He shall have a right to negative all bills, resolutions,
or acts of the two houses of the Legislature, about to be passed
into laws. He shall take care that the laws be faithfully exe
cuted. He shall be the Commander-in-Chief of the army and
navy of the United States and of the militia within the several
States, and shall have the direction of war, when commenced ;
but he shall not take the actual command in the field of an army,
without the consent of the Senate and Assembly. All treaties, con
ventions, and agreements with foreign nations, shall be made by
him, by and with the advice and consent of the Senate. He
shall have the appointment of the principal or chief officer of
each of the departments of war, naval affairs, finances, and for
eign affairs ; and shall have the nomination, and, by and with
the consent of the Senate, the appointment of all other officers
to be appointed under the authority of the United States, ex
cept such for whom different provision is made by this Consti
tution ; and provided, that this shall not be construed to prevent
the Legislature from appointing, by name, in their laws, persons
to special and particular trusts, created in such laws ; nor shall
be construed to prevent principals in office, merely ministerial,
from constituting deputies. In the recess of the Senate he may
fill vacancies in offices, by appointments, to continue in force
until the end of the next session of the Senate ; and he shall
commission all officers. He shall have power to pardon all
offences except treason, for which he may grant reprieves, until
the opinion of the Senate and Assembly can be had, and with
their concurrence, may pardon the same.
Sec. 11. He shall receive a fixed compensation for his ser
vices, to be paid to him at stated times, and not to be increased or
diminished during his continuance in office.
Sec. 12. If he depart out of the United States without the
consent of the Senate and Assembly, he shall thereby abdicate
Sec. 13. He may be impeached for any crime or misde-
^!T. 30.] FEDERAL CONVENTION. 403
meaner by the two houses of the Legislature, two-thirds of each
house concurring ; and if convicted, shall be removed from office.
He may be afterwards tried and punished in the ordinary course
of law. His impeachment shall operate as a suspension from
office until the determination thereof.
Sec. 14. The President of the Senate shall be Yice-President
of the United States. On the death, resignation, impeachment,
removal from office, or absence from the United States, of the
President thereof, the Vice-President shall exercise all the powers
by this Constitution vested in the President, until another shall
be appointed, or until he shall return within the United States, if
his absence was with the consent of the Senate and Assembly.
Sec. 1. There shall be a Chief Justice of the Supreme Court,
and, together with the other Judges thereof, shall hold their
offices during good behavior, removable only by conviction on
impeachment for some crime or misdemeanor. Each Judge
shall have a competent salary, to be paid to him at stated times,
and not to be diminished during his continuance in office.
The Supreme Court shall have original jurisdiction in all
causes, in which the United States shall be a party ; in all con
troversies between the United States and a particular State, or
between two or more States, except such as relate to a claim of
territory between the United States and one or more States,
which shall be determined in the mode prescribed in the Sixth
Article ; in all cases affecting foreign ministers, consuls, and
agents ; and an appellate jurisdiction, both as to law and fact, in
all cases which shall concern the citizens of foreign nations, in all
questions between the citizens of different States, and in all
others in which the fundamental rights of this Constitution are
involved, subject to such exceptions as are herein contained, and
to such regulations as the Legislature- shall provide.
The Judges of all Courts which may be constituted by the
Legislature, shall also hold their places during good behavior,
removable only by conviction on impeachment for some crime
404 HAMILTON'S WORKS. [Mr. 30.
or misdemeanor ; and shall have competent salaries, to be paid
at stated times, and not to be diminished during their continuance
in office ; but nothing herein contained shall be construed to
prevent the Legislature from abolishing such Courts themselves.
All crimes, except upon impeachment, shall be tried by a jury
of twelve men ; and if they shall have been committed within
any State, shall be tried within such State. And all civil causes
arising under this Constitution of the like kind with those which
have been heretofore triable by jury in the respective States,
shall in like manner be tried by jury, unless in special cases the
Legislature shall think proper to make different provision, to
which provision the concurrence of two-thirds of both houses
shall be necessary.
Impeachments of the President and Yice-President of the
U. S., members of the Senate, the Governors and Presidents of
the several States, the principal or chief officers of the departments
enumerated in the Tenth Section of the Fourth Article, ambas
sadors, and other like public ministers, the judges of the Su
preme Court, generals and admirals of the navy, shall be tried
by a Court to consist of the Judges of the Supreme Court, and
the Chief Justice, or First or Senior Judge of the Superior
Court of Law in each State, of whom twelve shall constitute a
Court. A majority of the Judges present may convict. All
other persons shall be tried on impeachment, by a Court to con
sist of the Judges of the Supreme Court, and six Senators drawn
by lot ; a majority of whom may convict. Impeachments shall
clearly specify the particular offence for which the party accused
is to be tried ; and judgment on conviction upon the trial thereof,
shall be either a removal from office singly, or removal from
office and disqualification for holding any future office or place
of trust. But no judgment on impeachment shall prevent prose
cution and punishment in the ordinary course of law, provided
that no judge, concerned in such conviction, shall sit as judge on
the second trial., The Legislature may remove the disabilities
incurred by conviction on impeachment.
MT. 30.] FEDERAL CONVENTION. 405
Controversies about the right of territory between the United
States and particular States, shall be determined by a court to
be constituted in manner following. The State or States claiming
in opposition to the United States, as parties, shall nominate a
number of persons equal to double the number of the Judges of
the Supreme Court, for the time being, of whom none shall be
citizens by birth of the States which are parties, nor inhabitants
thereof, when nominated, and of whom not more than two shall
have their actual residence in one State. Out of the persons so
nominated, the Senate shall elect one-half, who, together with
the Judges of the Supreme Court, shall form the court. Two-
thirds of the whole number may hear and determine the contro
versy by plurality of voices. The States concerned, may, at
their option, claim a decision by the Supreme Court only. All
the members of the court hereby instituted shall, prior to the
hearing of the cause, take an oath impartially, and according
to the best of their judgments and consciences, to hear and deter
mine the controversy.
Sec. 1. The Legislature of the United States shall have
power to pass all laws which they shall judge necessary to the
common defence and safety, and to the general welfare of the
Union. But no bill, resolution, or act of the Senate and Assem
bly, shall have the force of a law until it shall have received the
assent of the President, or of the Vice-President when exercising
the powers of the President ; and if such assent shall not have
been given within ten days after such bill, resolution, or other
act shall have been presented for that purpose, the same shall not
be a law. No bill, resolution, or other act, not assented to, shall
be revived in the same session of the Legislature. The mode of
signifying such assent shall be by signing the bill, act, or resolu
tion, and returning it so signed to either house of the Legis
406 HAMILTON'S WORKS. [JBi. 30.
Sec. 2. The enacting style of all laws shall be : " Be it enacted
by the people of the United States of America."
Sec. 3. No bill of attainder shall be passed, nor any ex post
facto law ; nor shall any title of nobility be granted by the United
States or by either of them ; nor shall any person holding an office
or place of trust under the United States, without the permission
of the Legislature accept any present, emolument, office, or
title from a foreign prince or state. Nor shall any religious sect,
or denomination, or religious test for any office or place, be ever
established by law.
Sec. 4. Taxes on lands, houses, and other real estate, and capi
tation taxes, shall be proportioned in each State by the whole
number of free persons, except Indians not taxed, and by three
fifths of all other persons.
Sec. 5. The two houses of the Legislature may by joint ballot
appoint a Treasurer of the United States. Neither house (in the
session of both houses), without the consent of the other shall ad
journ for more than three days at a time. The Senators and Eepre-
sentatives in attending, going to and coming from the session of
their respective houses, shall be privileged from arrest except for
crimes and breaches of the peace. The place of meeting shall
always be at the seat of Government which shall be fixed by law.
Sec. 6. The laws of the United States and the treaties which
have been made under the articles of the Confederation, and
which shall be made under this Constitution, shall be the supreme
law of the land, and shall be so construed by the Courts of the
Sec. 7. The Legislature shall convene at least once in each
year, which, unless otherwise provided for by law, shall be the
first Monday in December.
Sec. 8. The members of the two houses of the Legislature shall
receive a reasonable compensation for their services, to be paid out
of the treasury of the United States, and ascertained by law. The
law for making such provision shall be passed, with the concurrence
of the first Assembly, and shall extend to succeeding Assemblies ;
and no succeeding Assembly shall concur in an alteration of such
provision so as to increase its own compensation ; but there shall
be always a law in existence for making such provision.
jEi.30.] FEDERAL CONVENTION. 407
Sec. 1. The Governor or President of each State shall be
appointed under the authority of the United States, and shall
have a right to negative all laws about to be passed in the State
of which he shall be Governor or President, subject to such
qualifications and regulations as the Legislature of the United
States shall prescribe. He shall in other respects have the same
powers only which the Constitution of the State does or shall
allow its Governor or President, except as to the appointment
of officers of the militia.
Sec. 2. Each Governor or President of a State shall hold his
office until a successor be actually appointed, unless he die or
resign or be removed from office by conviction on impeach
ment. There shall be no appointment of such Governor or Pre
sident in the recess of the Senate.
The Governors and Presidents of the several States at the
time of the ratification of this Constitution, shall continue in
office in the same manner and with the same powers as if they
had been appointed pursuant to the first section of this article.
The officers of the Militia in the several States may be ap
pointed under the authority of the U. S ; the Legislature whereof
may authorize the Governors or Presidents of States to make
such appointments, with such restrictions as they shall think
Sec. 1. No person shall be eligible to the office of President
of the United States unless he be now a citizen of one of the
States, or hereafter be born a citizen of the United States.
Sec. 2. No person shall be eligible as a Senator or Kepresentative
unless at the time of his election he be a citizen and inhabitant
of the State in which he is chosen ; provided that he shall not
be deemed to be disqualified by a temporary absence from the
Sec. 3. No person entitled by this Constitution to elect
408 HAMILTON'S WORKS. [>ET. 30.
or to be elected President of the United States, or a Senator or
Eepresentative in the Legislature thereof, shall be disqualified but
by the conviction of some offence for which the law shall have
previously ordained the punishment of disqualification. But the
Legislature may by law provide that persons holding offices
under the United States, or either of them, shall not be eligible
to a place in the Assembly or Senate, and shall be, during their
continuance in office, suspended from sitting in the Senate.
Sec. 4. No person having an office or place of trust under the
United States shall, without permission of the Legislature, accept
any present, emolument, office, or title from any foreign prince
Sec. 5. The citizens of each State shall be entitled to the
rights, privileges, and immunities of citizens in every other
State ; and full faith and credit shall be given in each State to
the public acts, records, and judicial proceedings of another.
Sec. 6. Fugitives from justice from one State who shall be
found in another, shall be delivered up on the application of the
State from which they fled.
Sec. 7. No new State shall be erected within the limits of
another, or by the j unction of two or more, without the concur
rent consent of the Legislatures of the United States and of the
States concerned. The Legislature of the United States may ad
mit new States into the Union.
/Sec. 8. The United States are hereby declared to be bound to
guarantee to each State a republican form of government, and to
protect each State as well against domestic violence as foreign
Sec. 9. All treaties, contracts, and engagements of the United
States of America, under the articles of Confederation and per
petual Union, shall have equal validity under this Constitution.
Sec. 10. No State shall enter into a treaty, alliance, or con
tract, with another, or with a foreign power, without the consent
of the United States.
Sec. 11. The members of the Legislature of the United States,
and of each State, and all officers, executive and judicial, of the
one and of the other, shall take an oath or affirmation to support
the Constitution of the United States.
JET. 30.] FEDERAL CONVENTION. 409
Sec. 12. This Constitution may receive such alterations and
amendments as may be proposed by the Legislature of the United
States, with the concurrence of two-thirds of the members of
both houses, and ratified by the legislatures of, or by conventions
of deputies chosen by the people in, two-thirds of the States
composing the Union.
This Constitution shall be submitted to the consideration of
Conventions in the several States, the members whereof shall be
chosen by the people of such States respectively under the direc
tion of their respective legislatures. Each Convention which
shall ratify the same, shall appoint the first Eepresentatives and
Senators from such State according to the rule prescribed in the
section of the article. The Kepresentatives so appointed
shall continue in office for one year only. Each Convention so
ratifying shall give notice thereof to the Congress of the United
States, transmitting at the same time a list of the Representa
tives and Senators chosen. When the Constitution shall have
been duly ratified, Congress shall give notice of a day and place
for the meeting of the Senators and Eepresentatives from the
several States; and when these, or a majority of them, shall
have assembled, according to such notice, they shall by joint bal
lot, by plurality of votes, elect a President of the United States ;
and the Constitution thus organized shall be carried into effect.
BRIEF OF SPEECH ON SUBMITTING HIS PLAN OF CONSTITUTION.
I. Importance of the occasion.
II. A solid plan, without regard to temporary opinions.
III. If an ineffectual plan be again proposed, it will beget despair,
and no government will grow out of CONSENT.
IY. There seem to be but three lines of conduct.
410 HAMILTON'S WORKS. [Ate. 30.
I. A league offensive, treaty of commerce, and apportionment
of the public debt.
H. AT> amendment of the present Confederation, by adding
such powers as the public mind seems nearest being
matured to grant.
III. The forming a new government to pervade the whole, with
decisive powers ; in short, with complete sovereignty.
Last seems to be the prevailing sentiment.
I. Its practicability to be examined.
Immense extent unfavorable to representation.
Double sets of officers.
Difficulty of judging of local circumstances.
Distance has a physical effect on men's minds.
Difficulty of drawing proper characters from home.
Execution of laws, feeble at a distance from government
particularly in the collection of revenue.
Sentiment of obedience )
I. Objections to the present Confederation.
Intrusts the great interests of the nation to hands incapa
ble of managing them.
All matters in which foreigners are concerned.
The care of the public peace debts.
Power of treaty, without power of execution.
Common defence, without power to raise troops have a
fleet raise money.
Power to contract debts, without the power to pay.
These great interests of the State must be well managed,
or the public prosperity must be the victim.
Legislates upon communities.
Where the legislatures are to act, they will deliberate.
To ask money, not to collect it, and by an unjust mea
No sanction ! !
Amendment of Confederation according to present ideas.
1. Difficult, because not agreed upon any thing. Ex Im
^ET.30.] FEDERAL CONVENTION. 411
Commerce different theories.
To ascertain the practicability of this, let us examine the
principles of civil obedience.
Supports of Government.
I. Interest to support it.
II. Opinion of utility and necessity.
III. Habitual sense of obligation.
I. Interest particular and general interests.
Esprit de corps.
Vox populi, Vox Dei.
II. Opinion of utility and necessity.
First will decrease with the growth of the States.
This does not apply to Federal Government.
This may dissolve, and yet the order of the community
Anarchy not a necessary consequence.
III. HABITUAL sense of obligation.
This results from administration of private justice.
Demand of service or money odious.
IY. FOKCE of two kinds.
COERCION of laws COERCION of arms.
First does not exist and the last useless.
Attempt to use it, a war between the States.
Delinquency not confined to one.
1. From municipal jurisdiction.
2. Appointment of officers.
3. Military jurisdiction.
4. Fiscal jurisdiction.
All these now reside in (the) particular States.
Their governments are the chief sources of honor and
412 HAMILTON'S WORKS. [>E T . 30.
To effect any thing, passions must be turned towards the Gen
Present Confederation cannot be amended, unless the most
important powers be given to Congress, constituted as they are.
This would be liable to all (the) objections against any form
of general government, with the addition of the want of checks.
Perpetual effort in each member.
Influence of individuals in office to excite jealousy and
clamor State leaders.
Demosthenes says Athens seventy-three years Lacedsemon
twenty-seven Thebans after battle of Leuctra.
Phocions consecrated ground Philip, &c.
Charlemagne and his successors.
ELECTOES now seven, excluding others.
To strengthen the Federal Government, powers too great
must be given to a single hand.
League offensive and defensive, &c.
Particular governments might exert themselves, &c.
But liable to usual vicissitudes.)
Internal peace affected.
Proximity of situation natural enemies.
Partial confederacies from unequal extent.
Power inspires ambition.
Weakness begets jealousy.
Objn. GENIUS of republics pacific.
> Answer. Jealousy of commerce as well as jealousy of power,
^ET. 30.] FEDERAL CONVENTION. 413
Sparta Athens Thebes Borne Carthage Venice Han-
England as many popular as royal wars.
Lewis the XIY. Austria Bourbons William and Anne.
Wars depend upon trifling circumstances.
Where Duchess of Marlborough's glove.
Distractions set afloat vicious humors.
Standing armies by dissensions.
Domestic factions Montesquieu.
Monarchy in Southern States.
ISf Federal rights Fisheries.
Loss of -advantages.
Foreign nations would .not respect our rights nor grant us
Would reduce us to a passive commerce.
Fisheries navigation of the lakes Mississippi Fleet.