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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.


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 Behaviour, and
shall, at stated Times, receive for their Services, a Compensation,
which shall not be diminished during their Continuance in Office.

SECTION. 2. 1. 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;

2. 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.

3. 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

SECTION. 3. 1. 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.

2. 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.


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. 1. The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.

2. 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

3. No Person held to Service or Labour 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 Labour, but shall
be delivered up on Claim of the Party to whom such Service or Labour may
be due.

SECTION. 3. 1. 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
Legislature of the States concerned as well as of the Congress.

2. 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


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.


1. 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.

2. 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 States to the Contrary

3. 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.


The Ratification of the Conventions of nine States, shall be sufficient
for the Establishment of this Constitution between the States so
ratifying the Same.

DONE in Convention by the Unanimous Consent of the States present the
Seventeenth Day of September in the Year of our Lord one thousand seven
hundred and Eighty seven, and of the Independance of the United States
of America the Twelfth In Witness whereof We have hereunto subscribed
our Names,

GO: WASHINGTON - Presidt. and Deputy from Virginia.













Attest WILLIAM JACKSON Secretary


There are many comprehensive histories which include the period
covered by the present volume, of which a few - without disparaging
the other - are deserving of mention for some particular reason. David
Ramsay's "History of the American Revolution," 2 vols. (1789, and
subsequently reprinted), gives but little space to this particular
period, but it reveals the contemporary point of view. Richard
Hildreth's "History of the United States," 6 vols. (1849-1852), is
another early work that is still of value, although it is written with
a Federalist bias. J. B. McMaster's "History of the People of the United
States from the Revolution to the Civil War," 8 vols. (1883-1913),
presents a kaleidoscopic series of pictures gathered largely from
contemporary newspapers, throwing light upon, and adding color to the
story. E. M. Avery's "History of the United States," of which seven
volumes have been published (1904-1910), is remarkable for its
illustrations and reproductions of prints, documents, and maps. Edward
Channing's "History of the United States," of which four volumes have
appeared (1905-1917), is the latest, most readable, and probably the
best of these comprehensive histories.

Although it was subsequently published as Volume VI in a revised edition
of his "History of the United States of America," George Bancroft's
"History of the Formation of the Constitution," 2 vols. (1882), is
really a separate work. The author appears at his best in these volumes
and has never been entirely superseded by later writers. G. T. Curtis's
"History of the Constitution of the United States," 2 vols. (1854),
which also subsequently appeared as Volume I of his "Constitutional
History of the United States," is one of the standard works, but does
not retain quite the same hold that Bancroft's volumes do.

Of the special works more nearly covering the same field as the present
volume, A. C. McLaughlin's "The Confederation and the Constitution"
(1905), in the "American Nation," is distinctly the best. John Fiske's
"Critical Period of American History" (1888), written with the clearness
of presentation and charm of style which are characteristic of the
author, is an interesting and readable comprehensive account. Richard
Frothingham's "Rise of the Republic of the United States" (1872; 6th
ed.1895), tracing the two ideas of local self-government and of union,
begins with early colonial times and culminates in the Constitution.

The treaty of peace opens up the whole field of diplomatic history,
which has a bibliography of its own. But E. S. Corwin's "French Policy
and the American Alliance" (1916) should be mentioned as the latest and
best work, although it lays more stress upon the phases indicated by the
title. C. H. Van Tyne's "Loyalists in the American Revolution" (1902)
remains the standard work on this subject, but special studies are
appearing from time to time which are changing our point of view.

The following books on economic and industrial aspects are not for
popular reading, but are rather for reference: E. R. Johnson et al.,
"History of the Domestic and Foreign Commerce of the United States" 2
vols. (1915); V. S. Clark, "History of the Manufactures of the
United States, 1607-1860" (1916). G. S. Callender has written short
introductions to the various chapters of his "Selections from the
Economic History of the United States" (1909), which are brilliant
interpretations of great value. P. J. Treat's "The National Land System,
1785-1820" (1910), gives the most satisfactory account of the subject
indicated by the title. Of entirely different character is Theodore
Roosevelt's "Winning of the West," 4 vols. (1889-96; published
subsequently in various editions), which is both scholarly and of
fascinating interest on the subject of the early expansion into the

On the most important subject of all, the formation of the Constitution,
the material ordinarily wanted can be found in Max Farrand's "Records of
the Federal Convention," 3 vols. (1910), and the author has summarized
the results of his studies in "The Framing of the Constitution" (1913).
C. A. Beard's "An Economic Interpretation of the Constitution of
the United States" (1913) gives some interesting and valuable facts
regarding economic aspects of the formation of the Constitution, and
particularly on the subject of investments in government securities.
There is no satisfactory account of the adoption of the Constitution,
but the debates in many of the State conventions are included in
Jonathan Elliot's "Debates on the Federal Constitution," 5 vols.
(1836-1845, subsequently reprinted in many editions).

A few special works upon the adoption of the Constitution in the
individual States may be mentioned: H. B. Grigsby's "History of the
Virginia Federal Convention of 1788," Virginia Historical Society
Collections, N. S., IX and X(1890-91); McMaster and Stone's
"Pennsylvania and the Federal Constitution, 1787-88" (1888); S. B.
Harding's "Contest over the Ratification of the Federal Constitution
in the State of Massachusetts"(1896); O. G. Libby's "The Geographical
Distribution of the Vote of the Thirteen States on the Federal
Constitution, 1787-1788" (University of Wisconsin, "Bulletin, Economics,
Political Science, and History Series," I, No. 1,1894).

Contemporary differences of opinion upon the Constitution will be found
in P. L. Ford's "Pamphlets on the Constitution," etc. (1888). The most
valuable commentary on the Constitution, "The Federalist," is to be
found in several editions of which the more recent are by E. H. Scott
(1895) and P. L. Ford (1898).

A large part of the so-called original documents or first-hand sources
of information is to be found in letters and private papers of prominent
men. For most readers there is nothing better than the "American
Statesmen Series," from which the following might be selected: H. C.
Lodge's "George Washington" (2 vols., 1889) and "Alexander Hamilton"
(1882); J. T. Morse's "Benjamin Franklin" (1889), "John Adams" (1885),
and "Thomas Jefferson" (1883); Theodore Roosevelt's "Gouverneur Morris,"
(1888). Other readable volumes are P. L. Ford's "The True George
Washington" (1896) and "The Many-sided Franklin" (1899); F. S. Oliver's
"Alexander Hamilton, An Essay on American Union" (New ed. London, 1907);
W. G. Brown's "Life of Oliver Ellsworth" (1905); A. McL. Hamilton's "The
Intimate Life of Alexander Hamilton" (1910); James Schouler's "Thomas
Jefferson" (1893); Gaillard Hunt's "Life of James Madison" (1902).

Of the collections of documents it may be worth while to notice:
"Documentary History of the Constitution of the United States," 5 vols.
(1894-1905); B. P. Poore's "Federal and State Constitutions, Colonial
Charters, etc.," 2 vols. (1877); F. N. Thorpe's "The Federal and State
Constitutions, Colonial Charters, and other Organic Laws", 7 vols.
(1909); and the "Journals of the Continental Congress" (1904-1914),
edited from the original records in the Library of Congress by
Worthington C. Ford and Gaillard Hunt, of which 23 volumes have
appeared, bringing the records down through 1782.



Forty signatures were attached to the Constitution of the United
States in the Federal Convention on September 17, 1787, by thirty-nine
delegates, representing twelve States, and the secretary of the
Convention, as the attesting officer. George Washington, who signed as
president of the Convention, was a delegate from Virginia. There
are reproduced in this volume the effigies or pretended effigies
of thirty-seven of them, from etchings by Albert Rosenthal in an
extra-illustrated volume devoted to the Members of the Federal
Convention, 1787, in the Thomas Addis Emmet Collection owned by the
New York Public Library. The autographs are from the same source. This
series presents no portraits of David Brearley of New Jersey, Thomas
Fitzsimons of Pennsylvania, and Jacob Broom of Delaware. With respect
to the others we give such information as Albert Rosenthal, the
Philadelphia artist, inscribed on each portrait and also such other data
as have been unearthed from the correspondence of Dr. Emmet, preserved
in the Manuscript Division of the New York Public Library.

Considerable controversy has raged, on and off, but especially of late,
in regard to the painted and etched portraits which Rosenthal produced
nearly a generation ago, and in particular respecting portraits which
were hung in Independence Hall, Philadelphia. Statements in the case by
Rosenthal and by the late Charles Henry Hart are in the "American Art
News," March 3, 1917, p. 4. See also Hart's paper on bogus American
portraits in "Annual Report, 1913," of the American Historical
Association. To these may be added some interesting facts which are not
sufficiently known by American students.

In the ninth decade of the nineteenth century, principally from 1885
to 1888, a few collectors of American autographs united in an informal
association which was sometimes called a "Club," for the purpose of
procuring portraits of American historical characters which they desired
to associate with respective autographs as extra-illustrations. They
were pioneers in their work and their purposes were honorable. They
cooperated in effort and expenses, 'in a most commendable mutuality.
Prime movers and workers were the late Dr. Emmet, of New York, and Simon
Gratz, Esq., still active in Philadelphia. These men have done much
to stimulate appreciation for and the preservation of the fundamental
sources of American history. When they began, and for many years
thereafter, not the same critical standards reigned among American
historians, much less among American collectors, as the canons
now require. The members of the "Club" entered into an extensive
correspondence with the descendants of persons whose portraits they
wished to trace and then have reproduced. They were sometimes misled
by these descendants, who themselves, often great-grandchildren or more
removed by ties and time, assumed that a given portrait represented the
particular person in demand, because in their own uncritical minds a
tradition was as good as a fact.

The members of the "Club," then, did the best they could with the
assistance and standards of their time. The following extract from a
letter written by Gratz to Emmet, November 10, 1885, reveals much that
should be better known. He wrote very frankly as follows: "What you say
in regard to Rosenthal's work is correct: but the fault is not his. Many
of the photographs are utterly wanting in expression or character; and
if the artist were to undertake to correct these deficiencies by making
the portrait what he may SUPPOSE it should be, his production (while
presenting a better appearance ARTISTICALLY) might be very much less
of a LIKENESS than the photograph from which he works. Rosenthal always
shows me a rough proof of the unfinished etching, so that I may advise
him as to corrections & additions which I may consider justifiable &

Other correspondence shows that Rosenthal received about twenty dollars
for each plate which he etched for the "Club."

The following arrangement of data follows the order of the names as
signed to the Constitution. The Emmet numbers identify the etchings in
the bound volume from which they have been reproduced.

1. George Washington, President (also delegate from Virginia), Emmet
9497, inscribed "Joseph Wright Pinxit Phila. 1784. Albert Rosenthal
Phila. 1888. Aqua fortis."


2. John Langdon, Emmet 9439, inscribed "Etched by Albert Rosenthal
Phila. 1888 after Painting by Trumbull."

Mr. Walter Langdon, of Hyde Park, N. Y., in January, 1885, sent to Dr.
Emmet a photograph of a "portrait of Governor John Langdon LL.D." An oil
miniature painted on wood by Col. John Trumbull, in 1792, is in the Yale
School of Fine Arts. There is also painting of Langdon in Independence
Hall, by James Sharpless.

3. Nicholas Gilman, Emmet 9441, inscribed "Etched by Albert Rosenthal
Phila. 1888." A drawing by the same artist formerly hung in Independence
Hall. The two are not at all alike. No contemporary attribution is made
and the Emmet correspondence reveals nothing.


4. Nathaniel Gorham, Emmet 9443. It was etched by Albert Rosenthal but
without inscription of any kind or date. A painting by him, in likeness
identical, formerly hung in Independence Hall. No evidence in Emmet

5. Rufus King, Emmet 9445, inscribed "Etched by Albert Rosenthal Phila.
1888 after Painting by Trumbull." King was painted by Col. John Trumbull
from life and the portrait is in the Yale School of Fine Arts. Gilbert
Stuart painted a portrait of King and there is one by Charles Willson
Peale in Independence Hall.

6. William Samuel Johnson, Emmet 9447, inscribed "Etched by Albert
Rosenthal Phila. 1888 from Painting by Gilbert Stuart." A painting by
Rosenthal after Stuart hung in Independence Hall. Stuart's portrait of
Dr. Johnson "was one of the first, if not the first, painted by Stuart
after his return from England." Dated on back 1792. Also copied by
Graham Mason, Life of Stuart, 208.

7. Roger Sherman, Emmet 9449, inscribed "Etched by Albert Rosenthal
Phila. 1888 after Painting by Earle." The identical portrait copied by
Thomas Hicks, after Ralph Earle, is in Independence Hall.


8. Alexander Hamilton, Emmet 9452, inscribed "Etched by Albert Rosenthal
1888 after Trumbull." A full length portrait, painted by Col. John
Trumbull, is in the City Hall, New York. Other Hamilton portraits by
Trumbull are in the Metropolitan Museum of Art, New York, the Boston
Museum of Art, and in private possession.


9. William Livingston, Emmet 9454, inscribed "Etched by Albert Rosenthal
Phila., 1888." A similar portrait, painted by Rosenthal, formerly hung
in Independence Hall. No correspondence relating to it is in the Emmet

10. David Brearley. There is no portrait. Emmet 9456 is a drawing of a
Brearley coat-of-arms taken from a book-plate.

11. William Paterson, Emmet 9458, inscribed "Albert Rosenthal Phila.
1888." A painted portrait by an unknown artist was hung in Independence
Hall. The Emmet correspondence reveals nothing.

12. Jonathan Dayton, Emmet 9460, inscribed "Albert Rosenthal." A
painting by Rosenthal also formerly hung in Independence Hall. The two
are dissimilar. The etching is a profile, but the painting is nearly a
full-face portrait. The Emmet correspondence reveals no evidence.


13. Benjamin Franklin, Emmet 9463, inscribed "C. W. Peale Pinxit. Albert
Rosenthal Sc."

14. Thomas Mifflin, Emmet 9466, inscribed "Etched by Albert Rosenthal
Phila. 1888 after Painting by Gilbert Stuart." A portrait by Charles
Willson Peale, in civilian dress, is in Independence Hall. The Stuart
portrait shows Mifflin in military uniform.

15. Robert Morris, Emmet 9470, inscribed "Gilbert Stuart Pinxit. Albert
Rosenthal Sc." The original painting is in the Historical Society of
Pennsylvania. Stuart painted Morris in 1795. A copy was owned by the
late Charles Henry Hart; a replica also existed in the possession of
Morris's granddaughter. - Mason, "Life of Stuart," 225.

16. George Clymer, Emmet 9475, inscribed "Etched by Albert Rosenthal
Phila. 1888 after Painting by C. W. Peale." There is a similar type
portrait, yet not identical, in Independence Hall, where the copy was
attributed to Dalton Edward Marchant.

17. Thomas Fitzsimons. There is no portrait and the Emmet correspondence
offers no information.

18. Jared Ingersoll, Emmet 9468, inscribed "Etched by Albert Rosenthal
after Painting by C. W. Peale." A portrait of the same origin, said to
have been copied by George Lambdin, "after Rembrandt Peale," hung in
Independence Hall.

19. James Wilson, Emmet 9472, inscribed "Etched by Albert Rosenthal
1888." Seems to have been derived from a painting by Charles Willson
Peale in Independence Hall.

20. Gouverneur Morris, Emmet 9477, inscribed "Etched by Albert Rosenthal
Phila. 1888 after a copy by Marchant from Painting by T. Sully." The
Emmet correspondence has no reference to it.


21. George Read, Emmet 9479, inscribed "Etched by Albert Rosenthal

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Online LibraryMax FarrandThe Fathers of the Constitution; a chronicle of the establishment of the Union → online text (page 12 of 13)