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THE CHARTERS OF FREEDOM 

A New World Is At Hand

www.archives.gov

          - HISTORY

          - DECLARATION OF INDEPENDENCE

 

A Man is a Subject of Moral Obligation.

This is a first truth of reason.

A first truth has this invariable characteristic,

namely, all moral agents know it by a necessity of nature

and assume its truth in all their practical judgments,

whatever their philosophical theories may be.

http://www.biblestudytools.com/classics/finney-lectures-on-systematic-theology/moral-government/lecture-iii.html

 

From Loyal Subjects To Traitorous Rebels - A Royal Proclamation

 

In 1761, fifteen years before the United States of America burst onto the world stage with the Declaration of Independence, the American colonists were loyal British subjects who celebrated the coronation of their new King, George III. The colonies that stretched from present-day Maine to Georgia were distinctly English in character although they had been settled by Scots, Welsh, Irish, Dutch, Swedes, Finns, Africans, French, Germans, and Swiss, as well as English.

As English men and women, the American colonists were heirs to the thirteenth-century English document, the Magna Carta, which established the principles that no one is above the law (not even the King), and that no one can take away certain rights. So in 1763, when the King began to assert his authority over the colonies to make them share the cost of the Seven Years' War England had just fought and won, the English colonists protested by invoking their rights as free men and loyal subjects. It was only after a decade of repeated efforts on the part of the colonists to defend their rights that they resorted to armed conflict and, eventually, to the unthinkable–separation from the motherland.

 

A Proclamation by the King for Suppressing Rebellion and Sedition

August 23, 1775

 (National Archives, Records of the Continental and Confederation Congresses and the Constitutional Convention)

 

 

By the spring of 1775, peaceful protest gave way to armed conflict at Lexington and Concord. Ignoring one last, futile plea for peace in a message known as the Olive Branch Petition, the King proclaimed in this document that the colonies stood in open rebellion to his authority and were subject to severe penalty, as was any British subject who failed to report the knowledge of rebellion or conspiracy. This document literally transformed loyal subjects into traitorous rebels.

 

George Mason (October,2, 1778)

When the last dutiful & humble petition from Congress received no other Answer than declaring us Rebels, and out of the King’s protection, I from that Moment look’d forward to a Revolution & Independence, as the only means of Salvation; and will risque the last Penny of my Fortune, & the last Drop of my Blood upon the Issue.

 

 

Pulling Down the Statue of George III at Bowling Green in Lower Manhattan

 

After hearing the news about independence on July 9, 1776, people in New York City

celebrated by pulling down a statue of the King they had come to view as a tyrant.

 

 

oil painting (reproduction) by William Walcutt, 1857

Courtesy of Lafayette College Art Collection Easton, Pennsylvania

 

Courage of the Founders ~ The Perilous Road to Independence

Perhaps our Congress will be Exalted on a high Gallows.

 

 

The Agreement of Secrecy, November 9, 1775

Three months after the King declared every rebel a traitor, and with a reward posted for the capture of certain prominent rebel leaders, the delegates to Congress adopted these strict rules of secrecy to protect the cause of American liberty and their own lives.

This document bears the signatures of eighty-seven delegates; thirty-nine signed on November 9, and the other delegates signed as they reported to Congress.

Abraham Clark, signer of the Declaration of Independence

August 6, 1776

The sole governing authority presiding over the tumultuous events of the American Revolution between 1774 and 1789 was a body known as Congress. With no power to regulate commerce or lay taxes, and with little ability to enforce any of its decisions, this group, representing the thirteen colonies, declared independence, conducted a war that defeated one of the greatest military powers of its day, and invented a new political entity that became a sovereign independent nation. Its members pondered everything from the rightness of independence to the number of flints needed by the armies–sometimes with the enemy not far from their doorstep. Asserting their rights, they found themselves labeled as traitors.

The fifty-four men who composed the First Continental Congress represented different interests, religions, and regions; they held conflicting opinions as to how best restore their rights. Most did not know each other; some did not like each other. With no history of successful cooperation, they struggled to overcome their differences and, without any way of knowing if the future held success or nooses for them all, they started down a long and perilous road toward independence.

 

In the Old Raleigh Tavern, a correspondence committee at work,

hand-colored engraving (reproduction) after illustration by Howard Pyle, ca. 1896

 

While none of the members of the Continental Congress was actually tried for treason, fifteen who signed the Declaration of Independence had their homes destroyed, four were taken captive, and one spent the winter of 1776 in the woods, pursued by British soldiers who had burned his home.

Before the end of the Revolutionary War, many of those who served in the Continental Congress suffered direct, personal consequences for their support of American liberty and independence.

 

The Spirit of the Revolution -

The Declaration of 

Independence

We hold these truths to be self-evident, that all men are created equal, that they are endowed

by their Creator with certain unalienable Rights, that among these are Life, Liberty and the

pursuit of Happiness.

 

From the Declaration of Independence, adopted July 4, 1776

In June 1776, as Thomas Jefferson composed a draft of the Declaration of Independence from a second floor parlor of a bricklayer's house in Philadelphia, the largest invasion force in British military history was headed for New York Harbor. By the time the last of the fifty-six signers had affixed their names to the final, edited document months later, an invading force of British soldiers had landed at Staten Island, the British had taken New York City, and the American patriots had committed themselves to a long and bloody struggle for liberty and independence. The Declaration announced to the world the separation of the thirteen colonies from Great Britain and the establishment of the United States of America. It explained the causes of this radical move with a long list of charges against the King. In justifying the Revolution, it asserted a universal truth about human rights in words that have inspired downtrodden people through the ages and throughout the world to rise up against their oppressors. Jefferson was not aiming at originality. The Declaration articulates the highest ideals of the Revolution, beliefs in liberty, equality, and the right to self-determination. Americans embraced a view of the world in which a person's position was determined, not by birth, rank, or title, but by talent, ability, and enterprise. It was a widely held view, circulated in newspapers, pamphlets, sermons, and schoolbooks; but it was Thomas Jefferson, the 33-year-old planter from Virginia, who put the immortal words to it. On July 4, 1776, Congress completed its editing of the document that reduced the text by 25 percent ("mutilations" is what Jefferson called it) and formally adopted the Declaration; on July 19, Congress ordered that a formal copy of the Declaration be prepared for members to sign; and on August 2, the final parchment–the one presently displayed in the nearby case–was presented to Congress and the signing began.

 Drafted by Thomas Jefferson between June 11 and June 28, 1776, the Declaration of Independence is at once the nation's most cherished symbol of liberty and Jefferson's most enduring monument. Here, in exalted and unforgettable phrases, Jefferson expressed the convictions in the minds and hearts of the American people. The political philosophy of the Declaration was not new; its ideals of individual liberty had already been expressed by John Locke and the Continental philosophers. What Jefferson did was to summarize this philosophy in "self-evident truths" and set forth a list of grievances against the King in order to justify before the world the breaking of ties between the colonies and the mother country.

 

 

 

This print suggests what the original parchment looked like when it was presented to Congress for the delegates to sign on August 2, 1776. John Hancock, the President of Congress, was the first to sign; his signature is larger than any other on the page and directly centered below the text. The signatures of the other delegates are arranged from right to left, according to the geographic locations of their states, beginning with New Hampshire, the northernmost, on the right, and ending with Georgia, the southernmost, on the left. Eventually, fifty-six delegates signed, although not all of them were present on August 2; some who were present for the vote on July 4 never signed. The original, signed Declaration shows signs of fading, handling, and aging. As a symbol of the Revolution’s highest ideals, it has been lovingly handled and proudly displayed over many years. Its present condition is evidence, not of indifference or neglect—but of extreme devotion. To preserve it for future generations, today it is on display, sealed in the most scientifically advanced housing that preservation technology can provide.

National Archives, Unaccessioned Record

 

 

The Declaration of Independence: A Transcription

IN CONGRESS, July 4, 1776

The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. He has affected to render the Military independent of and superior to the Civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For Quartering large bodies of armed troops among us: For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: For cutting off our Trade with all parts of the world: For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offences For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies: For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

 

The 56 signatures on the Declaration appear in the positions indicated:

 


Column 1

Georgia: Button Gwinnett
                Lyman Hall
                George Walton

Column 2

North Carolina: William Hooper
                            Joseph Hewes
                            John Penn

South Carolina: Edward Rutledge
                            Thomas Heyward, Jr.
                            Thomas Lynch, Jr.
                            Arthur Middleton
Column 3

Massachusetts: John Hancock

Maryland: Samuel Chase
                  William Paca
                  Thomas Stone
                  Charles Carroll of Carrollton

Virginia: George Wythe
                Richard Henry Lee
                Thomas Jefferson
                Benjamin Harrison
                Thomas Nelson, Jr.
                Francis Lightfoot Lee
                Carter Braxton

Column 4
Pennsylvania: Robert Morris
                         Benjamin Rush
                         Benjamin Franklin
                         John Morton
                         George Clymer
                         James Smith
                         George Taylor
                         James Wilson
                         George Ross

Delaware: Caesar Rodney
                   George Read
                   Thomas McKean

Column 5
New York: William Floyd
                   Philip Livingston
                   Francis Lewis
                   Lewis Morris

New Jersey: Richard Stockton
                      John Witherspoon
                      Francis Hopkinson
                      John Hart
                      Abraham Clark

Column 6
New Hampshire: Josiah Bartlett
                              William Whipple
Massachusetts: Samuel Adams
                            John Adams
                            Robert Treat Paine
                            Elbridge Gerry
Rhode Island: Stephen Hopkins
                         William Ellery
Connecticut: Roger Sherman
                       Samuel Huntington
                       William Williams
                       Oliver Wolcott
New Hampshire: Matthew Thornton

 

 

The Declaration of Independence: A History

Nations come into being in many ways. Military rebellion, civil strife, acts of heroism, acts of treachery, a thousand greater and lesser clashes between defenders of the old order and supporters of the new--all these occurrences and more have marked the emergences of new nations, large and small. The birth of our own nation included them all. That birth was unique, not only in the immensity of its later impact on the course of world history and the growth of democracy, but also because so many of the threads in our national history run back through time to come together in one place, in one time, and in one document: the Declaration of Independence.

Moving Toward Independence

The clearest call for independence up to the summer of 1776 came in Philadelphia on June 7. On that date in session in the Pennsylvania State House (later Independence Hall), the Continental Congress heard Richard Henry Lee of Virginia read his resolution beginning: "Resolved: That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved." The Lee Resolution was an expression of what was already beginning to happen throughout the colonies. When the Second Continental Congress, which was essentially the government of the United States from 1775 to 1788, first met in May 1775, King George III had not replied to the petition for redress of grievances that he had been sent by the First Continental Congress. The Congress gradually took on the responsibilities of a national government. In June 1775 the Congress established the Continental Army as well as a continental currency. By the end of July of that year, it created a post office for the "United Colonies." In August 1775 a royal proclamation declared that the King's American subjects were "engaged in open and avowed rebellion." Later that year, Parliament passed the American Prohibitory Act, which made all American vessels and cargoes forfeit to the Crown. And in May 1776 the Congress learned that the King had negotiated treaties with German states to hire mercenaries to fight in America. The weight of these actions combined to convince many Americans that the mother country was treating the colonies as a foreign entity. One by one, the Continental Congress continued to cut the colonies' ties to Britain. The Privateering Resolution, passed in March 1776, allowed the colonists "to fit out armed vessels to cruize [sic] on the enemies of these United Colonies." On April 6, 1776, American ports were opened to commerce with other nations, an action that severed the economic ties fostered by the Navigation Acts. A "Resolution for the Formation of Local Governments" was passed on May 10, 1776. At the same time, more of the colonists themselves were becoming convinced of the inevitability of independence. Thomas Paine's Common Sense, published in January 1776, was sold by the thousands. By the middle of May 1776, eight colonies had decided that they would support independence. On May 15, 1776, the Virginia Convention passed a resolution that "the delegates appointed to represent this colony in General Congress be instructed to propose to that respectable body to declare the United Colonies free and independent states." It was in keeping with these instructions that Richard Henry Lee, on June 7, 1776, presented his resolution. There were still some delegates, however, including those bound by earlier instructions, who wished to pursue the path of reconciliation with Britain. On June 11 consideration of the Lee Resolution was postponed by a vote of seven colonies to five, with New York abstaining. Congress then recessed for 3 weeks. The tone of the debate indicated that at the end of that time the Lee Resolution would be adopted. Before Congress recessed, therefore, a Committee of Five was appointed to draft a statement presenting to the world the colonies' case for independence.

 The Committee of Five

The committee consisted of two New England men, John Adams of Massachusetts and Roger Sherman of Connecticut; two men from the Middle Colonies, Benjamin Franklin of Pennsylvania and Robert R. Livingston of New York; and one southerner, Thomas Jefferson of Virginia. In 1823 Jefferson wrote that the other members of the committee "unanimously pressed on myself alone to undertake the draught [sic]. I consented; I drew it; but before I reported it to the committee I communicated it separately to Dr. Franklin and Mr. Adams requesting their corrections. . . I then wrote a fair copy, reported it to the committee, and from them, unaltered to the Congress." (If Jefferson did make a "fair copy," incorporating the changes made by Franklin and Adams, it has not been preserved. It may have been the copy that was amended by the Congress and used for printing, but in any case, it has not survived. Jefferson's rough draft, however, with changes made by Franklin and Adams, as well as Jefferson's own notes of changes by the Congress, is housed at the Library of Congress.) Jefferson's account reflects three stages in the life of the Declaration: the document originally written by Jefferson; the changes to that document made by Franklin and Adams, resulting in the version that was submitted by the Committee of Five to the Congress; and the version that was eventually adopted. On July 1, 1776, Congress reconvened. The following day, the Lee Resolution for independence was adopted by 12 of the 13 colonies, New York not voting. Immediately afterward, the Congress began to consider the Declaration. Adams and Franklin had made only a few changes before the committee submitted the document. The discussion in Congress resulted in some alterations and deletions, but the basic document remained Jefferson's. The process of revision continued through all of July 3 and into the late morning of July 4. Then, at last, church bells rang out over Philadelphia; the Declaration had been officially adopted. The Declaration of Independence is made up of five distinct parts: the introduction; the preamble; the body, which can be divided into two sections; and a conclusion. The introduction states that this document will "declare" the "causes" that have made it necessary for the American colonies to leave the British Empire. Having stated in the introduction that independence is unavoidable, even necessary, the preamble sets out principles that were already recognized to be "self-evident" by most 18th- century Englishmen, closing with the statement that "a long train of abuses and usurpations . . . evinces a design to reduce [a people] under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." The first section of the body of the Declaration gives evidence of the "long train of abuses and usurpations" heaped upon the colonists by King George III. The second section of the body states that the colonists had appealed in vain to their "British brethren" for a redress of their grievances. Having stated the conditions that made independence necessary and having shown that those conditions existed in British North America, the Declaration concludes that "these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved." Although Congress had adopted the Declaration submitted by the Committee of Five, the committee's task was not yet completed. Congress had also directed that the committee supervise the printing of the adopted document. The first printed copies of the Declaration of Independence were turned out from the shop of John Dunlap, official printer to the Congress. After the Declaration had been adopted, the committee took to Dunlap the manuscript document, possibly Jefferson's "fair copy" of his rough draft. On the morning of July 5, copies were dispatched by members of Congress to various assemblies, conventions, and committees of safety as well as to the commanders of Continental troops. Also on July 5, a copy of the printed version of the approved Declaration was inserted into the "rough journal" of the Continental Congress for July 4. The text was followed by the words "Signed by Order and in Behalf of the Congress, John Hancock, President. Attest. Charles Thomson, Secretary." It is not known how many copies John Dunlap printed on his busy night of July 4. There are 26 copies known to exist of what is commonly referred to as "the Dunlap broadside," 21 owned by American institutions, 2 by British institutions, and 3 by private owners. (See Appendix A.)

The Engrossed Declaration

 On July 9 the action of Congress was officially approved by the New York Convention. All 13 colonies had now signified their approval. On July 19, therefore, Congress was able to order that the Declaration be "fairly engrossed on parchment, with the title and stile [sic] of 'The unanimous declaration of the thirteen United States of America,' and that the same, when engrossed, be signed by every member of Congress." Engrossing is the process of preparing an official document in a large, clear hand. Timothy Matlack was probably the engrosser of the Declaration. He was a Pennsylvanian who had assisted the Secretary of the Congress, Charles Thomson, in his duties for over a year and who had written out George Washington's commission as commanding general of the ContinentalArmy. Matlack set to work with pen, ink, parchment, and practiced hand, and finally, on August 2, the journal of the Continental Congress records that "The declaration of independence being engrossed and compared at the table was signed." One of the most widely held misconceptions about the Declaration is that it was signed on July 4, 1776, by all the delegates in attendance. John Hancock, the President of the Congress, was the first to sign the sheet of parchment measuring 24¼ by 29¾ inches. He used a bold signature centered below the text. In accordance with prevailing custom, the other delegates began to sign at the right below the text, their signatures arranged according to the geographic location of the states they represented. New Hampshire, the northernmost state, began the list, and Georgia, the southernmost, ended it. Eventually 56 delegates signed, although all were not present on August 2. Among the later signers were Elbridge Gerry, Oliver Wolcott, Lewis Morris, Thomas McKean, and Matthew Thornton, who found that he had no room to sign with the other New Hampshire delegates. A few delegates who voted for adoption of the Declaration on July 4 were never to sign in spite of the July 19 order of Congress that the engrossed document "be signed by every member of Congress." Nonsigners included John Dickinson, who clung to the idea of reconciliation with Britain, and Robert R. Livingston, one of the Committee of Five, who thought the Declaration was premature.

Parchment and Ink

Over the next 200 years, the nation whose birth was announced with a Declaration "fairly engrossed on parchment" was to show immense growth in area, population, economic power, and social complexity and a lasting commitment to a testing and strengthening of its democracy. But what of the parchment itself? How was it to fare over the course of two centuries? In the chronicle of the Declaration as a physical object, three themes necessarily entwine themselves: the relationship between the physical aging of the parchment and the steps taken to preserve it from deterioration; the relationship between the parchment and the copies that were made from it; and finally, the often dramatic story of the travels of the parchment during wartime and to its various homes. Chronologically, it is helpful to divide the history of the Declaration after its signing into five main periods, some more distinct than others. The first period consists of the early travels of the parchment and lasts until 1814. The second period relates to the long sojourn of the Declaration in Washington, DC, from 1814 until its brief return to Philadelphia for the 1876 Centennial. The third period covers the years 1877-1921, a period marked by increasing concern for the deterioration of the document and the need for a fitting and permanent Washington home. Except for an interlude during World War II, the fourth and fifth periods cover the time the Declaration rested in the Library of Congress from 1921 to 1952 and in the National Archives from 1952 to the present.

Early Travels, 1776-1814

Once the Declaration was signed, the document probably accompanied the Continental Congress as that body traveled during the uncertain months and years of the Revolution. Initially, like other parchment documents of the time, the Declaration was probably stored in a rolled format. Each time the document was used, it would have been unrolled and re-rolled. This action, as well as holding the curled parchment flat, doubtless took its toll on the ink and on the parchment surface through abrasion and flexing. The acidity inherent in the iron gall ink used by Timothy Matlack allowed the ink to "bite" into the surface of the parchment, thus contributing to the ink's longevity, but the rolling and unrolling of the parchment still presented many hazards. After the signing ceremony on August 2, 1776, the Declaration was most likely filed in Philadelphia in the office of Charles Thomson, who served as the Secretary of the Continental Congress from 1774 to 1789. On December 12, threatened by the British, Congress adjourned and reconvened 8 days later in Baltimore, MD. A light wagon carried the Declaration to its new home, where it remained until its return to Philadelphia in March of 1777. On January 18, 1777, while the Declaration was still in Baltimore, Congress, bolstered by military successes at Trenton and Princeton, ordered the second official printing of the document. The July 4 printing had included only the names of John Hancock and Charles Thomson, and even though the first printing had been promptly circulated to the states, the names of subsequent signers were kept secret for a time because of fear of British reprisals. By its order of January 18, however, Congress required that "an authentic copy of the Declaration of Independency, with the names of the members of Congress subscribing to the same, be sent to each of the United States, and that they be desired to have the same put upon record." The "authentic copy" was duly printed, complete with signers' names, by Mary Katherine Goddard in Baltimore. Assuming that the Declaration moved with the Congress, it would have been back in Philadelphia from March to September 1777. On September 27, it would have moved to Lancaster, PA, for 1 day only. From September 30, 1777, through June 1778, the Declaration would have been kept in the courthouse at York, PA. From July 1778 to June 1783, it would have had a long stay back in Philadelphia. In 1783, it would have been at Princeton, NJ, from June to November, and then, after the signing of the Treaty of Paris, the Declaration would have been moved to Annapolis, MD, where it stayed until October 1784. For the months of November and December 1784, it would have been at Trenton, NJ. Then in 1785, when Congress met in New York, the Declaration was housed in the old New York City Hall, where it probably remained until 1790 (although when Pierre L'Enfant was remodeling the building for the convening of the First Federal Congress, it might have been temporarily removed). In July 1789 the First Congress under the new Constitution created the Department of Foreign Affairs and directed that its Secretary should have "the custody and charge of all records, books and papers" kept by the department of the same name under the old government. On July 24 Charles Thomson retired as Secretary of the Congress and, upon the order of President George Washington, surrendered the Declaration to Roger Alden, Deputy Secretary of Foreign Affairs. In September 1789 the name of the department was changed to the Department of State. Thomas Jefferson, the drafter of the Declaration, returned from France to assume his duties as the first Secretary of State in March of 1790. Appropriately, those duties now included custody of the Declaration. In July 1790 Congress provided for a permanent capital to be built among the woodlands and swamps bordering the Potomac River. Meanwhile, the temporary seat of government was to return to Philadelphia. Congress also provided that "prior to the first Monday in December next, all offices attached to the seat of the government of the United States" should be removed to Philadelphia. The Declaration was therefore back in Philadelphia by the close of 1790. It was housed in various buildings--on Market Street, at Arch and Sixth, and at Fifth and Chestnut. In 1800, by direction of President John Adams, the Declaration and other government records were moved from Philadelphia to the new federal capital now rising in the District of Columbia. To reach its new home, the Declaration traveled down the Delaware River and Bay, out into the ocean, into the Chesapeake Bay, and up the Potomac to Washington, completing its longest water journey. For about 2 months the Declaration was housed in buildings built for the use of the Treasury Department. For the next year it was housed in one of the "Seven Buildings" then standing at Nineteenth Street and Pennsylvania Avenue. Its third home before 1814 was in the old War Office Building on Seventeenth Street. In August 1814, the United States being again at war with Great Britain, a British fleet appeared in the Chesapeake Bay. Secretary of State James Monroe rode out to observe the landing of British forces along the Patuxent River in Maryland. A message from Monroe alerted State Department officials, in particular a clerk named Stephen Pleasonton, of the imminent threat to the capital city and, of course, the government's official records. Pleasonton "proceeded to purchase coarse linen, and cause it to be made into bags of convenient size, in which the gentlemen of the office" packed the precious books and records including the Declaration. A cartload of records was then taken up the Potomac River to an unused gristmill belonging to Edgar Patterson. The structure was located on the Virginia side of the Potomac, about 2 miles upstream from Georgetown. Here the Declaration and the other records remained, probably overnight. Pleasonton, meanwhile, asked neighboring farmers for the use of their wagons. On August 24, the day of the British attack on Washington, the Declaration was on its way to Leesburg, VA. That evening, while the White House and other government buildings were burning, the Declaration was stored 35 miles away at Leesburg. The Declaration remained safe at a private home in Leesburg for an interval of several weeks--in fact, until the British had withdrawn their troops from Washington and their fleet from the Chesapeake Bay. In September 1814 the Declaration was returned to the national capital. With the exception of a trip to Philadelphia for the Centennial and to Fort Knox during World War II, it has remained there ever since.

Washington, 1814-76

The Declaration remained in Washington from September 1814 to May 1841. It was housed in four locations. From 1814 to 1841, it was kept in three different locations as the State Department records were shifted about the growing city. The last of these locations was a brick building that, it was later observed, "offered no security against fire." One factor that had no small effect on the physical condition of the Declaration was recognized as interest in reproductions of the Declaration increased as the nation grew. Two early facsimile printings of the Declaration were made during the second decade of the 19th century: those of Benjamin Owen Tyler (1818) and John Binns (1819). Both facsimiles used decorative and ornamental elements to enhance the text of the Declaration. Richard Rush, who was Acting Secretary of State in 1817, remarked on September 10 of that year about the Tyler copy: "The foregoing copy of the Declaration of Independence has been collated with the original instrument and found correct. I have myself examined the signatures to each. Those executed by Mr. Tyler, are curiously exact imitations, so much so, that it would be difficult, if not impossible, for the closest scrutiny to distinguish them, were it not for the hand of time, from the originals." Rush's reference to "the hand of time" suggests that the signatures were already fading in 1817, only 40 years after they were first affixed to the parchment. One later theory as to why the Declaration was aging so soon after its creation stems from the common 18th-century practice of taking "press copies." Press copies were made by placing a damp sheet of thin paper on a manuscript and pressing it until a portion of the ink was transferred. The thin paper copy was retained in the same manner as a modern carbon copy. The ink was reimposed on a copper plate, which was then etched so that copies could be run off the plate on a press. This "wet transfer" method may have been used by William J. Stone when in 1820 he was commissioned by Secretary of State John Quincy Adams to make a facsimile of the entire Declaration, signatures as well as text. By June 5, 1823, almost exactly 47 years after Jefferson's first draft of the Declaration, the (Washington) National Intelligencer was able to report "that Mr. William J. Stone, a respectable and enterprising Engraver of this City, has, after a labor of three years, completed a fac simile of the original of the Declaration of Independence, now in the archives of the government; that it is executed with the greatest exactness and fidelity; and that the Department of State has become the purchaser of the plate." As the Intelligencer went on to observe: "We are very glad to hear this, for the original of that paper which ought to be immortal and imperishable, by being so much handled by copyists and curious visitors, might receive serious injury. The facility of multiplying copies of it now possessed by the Department of State will render further exposure of the original unnecessary." The language of the newspaper report, like that of Rush's earlier comment, would seem to indicate some fear of the deterioration of the Declaration even prior to Stone's work. The copies made from Stone's copperplate established the clear visual image of the Declaration for generations of Americans. The 200 official parchment copies struck from the Stone plate carry the identification "Engraved by W. J. Stone for the Department of State, by order" in the upper left corner followed by "of J. Q. Adams, Sec. of State July 4th 1823." in the upper right corner. "Unofficial" copies that were struck later do not have the identification at the top of the document. Instead the engraver identified his work by engraving "W. J. Stone SC. Washn." near the lower left corner and burnishing out the earlier identification. The longest of the early sojourns of the Declaration was from 1841 to 1876. Daniel Webster was Secretary of State in 1841. On June 11 he wrote to Commissioner of Patents Henry L. Ellsworth, who was then occupying a new building (now the National Portrait Gallery), that "having learned that there is in the new building appropriated to the Patent Office suitable accommodations for the safe-keeping, as well as the exhibition of the various articles now deposited in this Department, and usually, exhibited to visitors . . . I have directed them to be transmitted to you." An inventory accompanied the letter. Item 6 was the Declaration. The "new building" was a white stone structure at Seventh and F Streets. The Declaration and Washington's commission as commander in chief were mounted together in a single frame and hung in a white painted hall opposite a window offering exposure to sunlight. There they were to remain on exhibit for 35 years, even after the Patent Office separated from the State Department to become administratively a part of the Interior Department. This prolonged exposure to sunlight accelerated the deterioration of the ink and parchment of the Declaration, which was approaching 100 years of age toward the end of this period. During the years that the Declaration was exhibited in the Patent Office, the combined effects of aging, sunlight, and fluctuating temperature and relative humidity took their toll on the document. Occasionally, writers made somewhat negative comments on the appearance of the Declaration. An observer in the United States Magazine (October 1856) went so far as to refer to "that old looking paper with the fading ink." John B. Ellis remarked in The Sights and Secrets of the National Capital (Chicago, 1869) that "it is old and yellow, and the ink is fading from the paper." An anonymous writer in the Historical Magazine (October 1870) wrote: "The original manuscript of the Declaration of Independence and of Washington's Commission, now in the United States Patent Office at Washington, D.C., are said to be rapidly fading out so that in a few years, only the naked parchment will remain. Already, nearly all the signatures attached to the Declaration of Independence are entirely effaced." In May 1873 the Historical Magazine published an official statement by Mortimer Dormer Leggett, Commissioner of Patents, who admitted that "many of the names to the Declaration are already illegible." The technology of a new age and the interest in historical roots engendered by the approaching Centennial focused new interest on the Declaration in the 1870s and brought about a brief change of home.

The Centennial and the Debate Over Preservation, 1876-1921

In 1876 the Declaration traveled to Philadelphia, where it was on exhibit for the Centennial National Exposition from May to October. Philadelphia's Mayor William S. Stokley was entrusted by President Ulysses S. Grant with temporary custody of the Declaration. The Public Ledger for May 8, 1876, noted that it was in Independence Hall "framed and glazed for protection, and . . . deposited in a fireproof safe especially designed for both preservation and convenient display. [When the outer doors of the safe were opened, the parchment was visible behind a heavy plate-glass inner door; the doors were closed at night.] Its aspect is of course faded and time-worn. The text is fully legible, but the major part of the signatures are so pale as to be only dimly discernible in the strongest light, a few remain wholly readable, and some are wholly invisible, the spaces which contained them presenting only a blank." Other descriptions made at Philadelphia were equally unflattering: "scarce bears trace of the signatures the execution of which made fifty-six names imperishable," "aged-dimmed." But on the Fourth of July, after the text was read aloud to a throng on Independence Square by Richard Henry Lee of Virginia (grandson of the signer Richard Henry Lee), "The faded and crumbling manuscript, held together by a simple frame was then exhibited to the crowd and was greeted with cheer after cheer." By late summer the Declaration's physical condition had become a matter of public concern. On August 3, 1876, Congress adopted a joint resolution providing "that a commission, consisting of the Secretary of the Interior, the Secretary of the Smithsonian Institution, and the Librarian of Congress be empowered to have resort to such means as will most effectually restore the writing of the original manuscript of the Declaration of Independence, with the signatures appended thereto." This resolution had actually been introduced as early as January 5, 1876. One candidate for the task of restoration was William J. Canby, an employee of the Washington Gas Light Company. On April 13 Canby had written to the Librarian of Congress: "I have had over thirty years experience in handling the pen upon parchment and in that time, as an expert, have engrossed hundreds of ornamental, special documents." Canby went on to suggest that "the only feasible plan is to replenish the original with a supply of ink, which has been destroyed by the action of light and time, with an ink well known to be, for all practical purposes, imperishable." The commission did not, however, take any action at that time. After the conclusion of the Centennial exposition, attempts were made to secure possession of the Declaration for Philadelphia, but these failed and the parchment was returned to the Patent Office in Washington, where it had been since 1841, even though that office had become a part of the Interior Department. On April 11, 1876, Robert H. Duell, Commissioner of Patents, had written to Zachariah Chandler, Secretary of the Interior, suggesting that "the Declaration of Independence, and the commission of General Washington, associated with it in the same frame, belong to your Department as heirlooms. Chandler appears to have ignored this claim, for in an exchange of letters with Secretary of State Hamilton Fish, it was agreed-with the approval of President Grant-to move the Declaration into the new, fireproof building that the State Department shared with the War and Navy Departments (now the Old Executive Office Building). On March 3, 1877, the Declaration was placed in a cabinet on the eastern side of the State Department library, where it was to be exhibited for 17 years. It may be noted that not only was smoking permitted in the library, but the room contained an open fireplace. Nevertheless this location turned out to be safer than the premises just vacated; much of the Patent Office was gutted in a fire that occurred a few months later. On May 5, 1880, the commission that had been appointed almost 4 years earlier came to life again in response to a call from the Secretary of the Interior. It requested that William B. Rogers, president of the National Academy of Sciences appoint a committee of experts to consider "whether such restoration [of the Declaration] be expedient or practicable and if so in what way the object can best be accomplished." The duly appointed committee reported on January 7, 1881, that Stone used the "wet transfer" method in the creation of his facsimile printing of 1823, that the process had probably removed some of the original ink, and that chemical restoration methods were "at best imperfect and uncertain in their results." The committee concluded, therefore, that "it is not expedient to attempt to restore the manuscript by chemical means." The group of experts then recommended that "it will be best either to cover the present receptacle of the manuscript with an opaque lid or to remove the manuscript from its frame and place it in a portfolio, where it may be protected from the action of light." Finally, the committee recommended that "no press copies of any part of it should in future be permitted." Recent study of the Declaration by conservators at the National Archives has raised doubts that a "wet transfer" took place. Proof of this occurrence, however, cannot be verified or denied strictly by modern examination methods. No documentation prior to the 1881 reference has been found to support the theory; therefore we may never know if Stone actually performed the procedure. Little, if any, action was taken as a result of the 1881 report. It was not until 1894 that the State Department announced: "The rapid fading of the text of the original Declaration of Independence and the deterioration of the parchment upon which it is engrossed, from exposure to light and lapse of time, render it impracticable for the Department longer to exhibit it or to handle it. For the secure preservation of its present condition, so far as may be possible, it has been carefully wrapped and placed flat in a steel case." A new plate for engravings was made by the Coast and Geodetic Survey in 1895, and in 1898 a photograph was made for the Ladies' Home Journal. On this latter occasion, the parchment was noted as "still in good legible condition" although "some of the signatures" were "necessarily blurred." On April 14, 1903, Secretary of State John Hay solicited again the help of the National Academy of Sciences in providing "such recommendations as may seem practicable . . . touching [the Declaration's] preservation." Hay went on to explain: "It is now kept out of the light, sealed between two sheets of glass, presumably proof against air, and locked in a steel safe. I am unable to say, however, that, in spite of these precautions, observed for the past ten years, the text is not continuing to fade and the parchment to wrinkle and perhaps to break." On April 24 a committee of the academy reported its findings. Summarizing the physical history of the Declaration, the report stated: "The instrument has suffered very seriously from the very harsh treatment to which it was exposed in the early years of the Republic. Folding and rolling have creased the parchment. The wet press-copying operation to which it was exposed about 1820, for the purpose of producing a facsimile copy, removed a large portion of the ink. Subsequent exposure to the action of light for more than thirty years, while the instrument was placed on exhibition, has resulted in the fading of the ink, particularly in the signatures. The present method of caring for the instrument seems to be the best that can be suggested." The committee added its own "opinion that the present method of protecting the instrument should be continued; that it should be kept in the dark and dry as possible, and never placed on exhibition." Secretary Hay seems to have accepted the committee's recommendation; in the following year, William H. Michael, author of The Declaration of Independence (Washington, 1904), recorded that the Declaration was "locked and sealed, by order of Secretary Hay, and is no longer shown to anyone except by his direction." World War I came and went. Then, on April 21, 1920, Secretary of State Bainbridge Colby issued an order creating yet another committee: "A Committee is hereby appointed to study the proper steps that should be taken for the permanent and effective preservation from deterioration and from danger from fire, or other form of destruction, of those documents of supreme value which under the law are deposited with the Secretary of State. The inquiry will include the question of display of certain of these documents for the benefit of the patriotic public." On May 5, 1920, the new committee reported on the physical condition of the safes that housed the Declaration and the Constitution. It declared: "The safes are constructed of thin sheets of steel. They are not fireproof nor would they offer much obstruction to an evil-disposed person who wished to break into them." About the physical condition of the Declaration, the committee stated: "We believe the fading can go no further. We see no reason why the original document should not be exhibited if the parchment be laid between two sheets of glass, hermetically sealed at the edges and exposed only to diffused light." The committee also made some important "supplementary recommendations." It noted that on March 3, 1903, President Theodore Roosevelt had directed that certain records relating to the Continental Congress be turned over by the Department of State to the Library of Congress: "This transfer was made under a provision of an Act of February 25, 1903, that any Executive Department may turn over to the Library of Congress books, maps, or other material no longer needed for the use of the Department." The committee recommended that the remaining papers, including the Declaration and the Constitution, be similarly given over to the custody of the Library of Congress. For the Declaration, therefore, two important changes were in the offing: a new home and the possibility of exhibition to "the patriotic public."

The Library of Congress . . . and Fort Knox, 1921-52

There was no action on the recommendations of 1920 until after the Harding administration took office. On September 28, 1921, Secretary of State Charles Evans Hughes addressed the new President: "I enclose an executive order for your signature, if you approve, transferring to the custody of the Library of Congress the original Declaration of Independence and Constitution of the United States which are now in the custody of this Department. . . . I make this recommendation because in the Library of Congress these muniments will be in the custody of experts skilled in archival preservation, in a building of modern fireproof construction, where they can safely be exhibited to the many visitors who now desire to see them." President Warren G. Harding agreed. On September 29, 1921, he issued the Executive order authorizing the transfer. The following day Secretary Hughes sent a copy of the order to Librarian of Congress Herbert Putnam, stating that he was "prepared to turn the documents over to you when you are ready to receive them." Putnam was both ready and eager. He presented himself forthwith at the State Department. The safes were opened, and the Declaration and the Constitution were carried off to the Library of Congress on Capitol Hill in the Library's "mail wagon," cushioned by a pile of leather U.S. mail sacks. Upon arrival, the two national treasures were placed in a safe in Putnam's office. On October 3, Putnam took up the matter of a permanent location. In a memorandum to the superintendent of the Library building and grounds, Putnam proceeded from the premise that "in the Library" the documents "might be treated in such a way as, while fully safe-guarding them and giving them distinction, they should be open to inspection by the public at large." The memorandum discussed the need for a setting "safe, dignified, adequate, and in every way suitable . . . Material less than bronze would be unworthy. The cost must be considerable." The Librarian then requested the sum of $12,000 for his purpose. The need was urgent because the new Bureau of the Budget was about to print forthcoming fiscal year estimates. There was therefore no time to make detailed architectural plans. Putnam told an appropriations committee on January 16, 1922, just what he had in mind. "There is a way . . . we could construct, say, on the second floor on the western side in that long open gallery a railed inclosure, material of bronze, where these documents, with one or two auxiliary documents leading up to them, could be placed, where they need not be touched by anybody but where a mere passer-by could see them, where they could be set in permanent bronze frames and where they could be protected from the natural light, lighted only by soft incandescent lamps. The result could be achieved and you would have something every visitor to Washington would wish to tell about when he returned and who would regard it, as the newspapermen are saying, with keen interest as a sort of 'shrine.'" The Librarian's imaginative presentation was successful: The sum of $12,000 was appropriated and approved on March 20, 1922. Before long, the "sort of 'shrine'" was being designed by Francis H. Bacon, whose brother Henry was the architect of the Lincoln Memorial. Materials used included different kinds of marble from New York, Vermont, Tennessee, the Greek island of Tinos, and Italy. The marbles surrounding the manuscripts were American; the floor and balustrade were made of foreign marbles to correspond with the material used in the rest of the Library. The Declaration was to be housed in a frame of gold-plated bronze doors and covered with double panes of plate glass with specially prepared gelatin films between the plates to exclude the harmful rays of light. A 24-hour guard would provide protection. On February 28, 1924, the shrine was dedicated in the presence of President and Mrs. Calvin Coolidge, Secretary Hughes, and other distinguished guests. Not a word was spoken during a moving ceremony in which Putnam fitted the Declaration into its frame. There were no speeches. Two stanzas of America were sung. In Putnam's words: "The impression on the audience proved the emotional potency of documents animate with a great tradition." With only one interruption, the Declaration hung on the wall of the second floor of the Great Hall of the Library of Congress until December 1952. During the prosperity of the 1920s and the Depression of the 1930s, millions of people visited the shrine. But the threat of war and then war itself caused a prolonged interruption in the steady stream of visitors. On April 30, 1941, worried that the war raging in Europe might engulf the United States, the newly appointed Librarian of Congress, Archibald MacLeish, wrote to the Secretary of the Treasury, Henry Morgenthau, Jr. The Librarian was concerned for the most precious of the many objects in his charge. He wrote "to enquire whether space might perhaps be found" at the Bullion Depository in Fort Knox for his most valuable materials, including the Declaration, "in the unlikely event that it becomes necessary to remove them from Washington." Secretary Morgenthau replied that space would indeed be made available as necessary for the "storage of such of the more important papers as you might designate." On December 7, 1941, the Japanese attacked Pearl Harbor. On December 23, the Declaration and the Constitution were removed from the shrine and placed between two sheets of acid-free manilla paper. The documents were then carefully wrapped in a container of all-rag neutral millboard and placed in a specially designed bronze container. It was late at night when the container was finally secured with padlocks on each side. Preparations were resumed on the day after Christmas, when the Attorney General ruled that the Librarian needed no "further authority from the Congress or the President" to take such action as he deemed necessary for the "proper protection and preservation" of the documents in his charge. The packing process continued under constant armed guard. The container was finally sealed with lead and packed in a heavy box; the whole weighed some 150 pounds. It was a far cry from the simple linen bag of the summer of 1814. At about 5 p.m. the box, along with other boxes containing vital records, was loaded into an armed and escorted truck, taken to Union Station, and loaded into a compartment of the Pullman sleeper Eastlake. Armed Secret Service agents occupied the neighboring compartments. After departing from Washington at 6:30 p.m., the Declaration traveled to Louisville, KY, arriving at 10:30 a.m., December 27, 1941. More Secret Service agents and a cavalry troop of the 13th Armored Division met the train, convoyed its precious contents to the Bullion Depository at Fort Knox, and placed the Declaration in compartment 24 in the outer tier on the ground level. The Declaration was periodically examined during its sojourn at Fort Knox. One such examination in 1942 found that the Declaration had become detached in part from its mount, including the upper right corner, which had been stuck down with copious amounts of glue. In his journal for May 14, 1942, Verner W. Clapp, a Library of Congress official, noted: "At one time also (about January 12, 1940) an attempt had been made to reunite the detached upper right hand corner to the main portion by means of a strip of 'scotch' cellulose tape which was still in place, discolored to a molasses color. In the various mending efforts glue had been splattered in two places on the obverse of the document." The opportunity was taken to perform conservation treatment in order to stabilize and rejoin the upper right corner. Under great secrecy, George Stout and Evelyn Erlich, both of the Fogg Museum at Harvard University, traveled to Fort Knox. Over a period of 2 days, they performed mending of small tears, removed excess adhesive and the "scotch" tape, and rejoined the detached upper right corner. Finally, in 1944, the military authorities assured the Library of Congress that all danger of enemy attack had passed. On September 19, the documents were withdrawn from Fort Knox. On Sunday, October 1, at 11:30 a.m., the doors of the Library were opened. The Declaration was back in its shrine. With the return of peace, the keepers of the Declaration were mindful of the increasing technological expertise available to them relating to the preservation of the parchment. In this they were readily assisted by the National Bureau of Standards, which even before World War II, had researched the preservation of the Declaration. The problem of shielding it from harsh light, for example, had in 1924 led to the insertion of a sheet of yellow gelatin between the protective plates of glass. Yet this procedure lessened the visibility of an already faded parchment. Could not some improvement be made? Following reports of May 5, 1949, on studies in which the Library staff, members of the National Bureau of Standards, and representatives of a glass manufacturer had participated, new recommendations were made. In 1951 the Declaration was sealed in a thermopane enclosure filled with properly humidified helium. The exhibit case was equipped with a filter to screen out damaging light. The new enclosure also had the effect of preventing harm from air pollution, a growing peril. Soon after, however, the Declaration was to make one more move, the one to its present home. (See Appendix B.)

The National Archives, 1952 to the Present

In 1933, while the Depression gripped the nation, President Hoover laid the cornerstone for the National Archives Building in Washington, DC. He announced that the Declaration of Independence and the Constitution would eventually be kept in the impressive structure that was to occupy the site. Indeed, it was for their keeping and display that the exhibition hall in the National Archives had been designed. Two large murals were painted for its walls. In one, Thomas Jefferson is depicted presenting the Declaration to John Hancock, President of the Continental Congress while members of that Revolutionary body look on. In the second, James Madison is portrayed submitting the Constitution to George Washington. The final transfer of these special documents did not, however, take place until almost 20 years later. In October 1934 President Franklin D. Roosevelt appointed the first Archivist of the United States, Robert Digges Wimberly Connor. The President told Connor that "valuable historic documents," such as the Declaration of Independence and the U.S. Constitution, would reside in the National Archives Building. The Library of Congress, especially Librarian Herbert Putnam, objected. In a meeting with the President 2 months after his appointment, Connor explained to Roosevelt how the documents came to be in the Library and that Putnam felt another Act of Congress was necessary in order for them to be transferred to the Archives. Connor eventually told the President that it would be better to leave the matter alone until Putnam retired. When Herbert Putnam retired on April 5, 1939, Archibald MacLeish was nominated to replace him. MacLeish agreed with Roosevelt and Connor that the two important documents belonged in the National Archives. Because of World War II, during much of which the Declaration was stored at Fort Knox, and Connor's resignation in 1941, MacLeish was unable to enact the transfer. By 1944, when the Declaration and Constitution returned to Washington from Fort Knox, MacLeish had been appointed Assistant Secretary of State. Solon J. Buck, Connor's successor as Archivist of the United States (1941-48), felt that the documents were in good hands at the Library of Congress. His successor, Wayne Grover, disagreed. Luther Evans, the Librarian of Congress appointed by President Truman in June 1945, shared Grover's opinion that the documents should be transferred to the Archives. In 1951 the two men began working with their staff members and legal advisers to have the documents transferred. The Archives position was that the documents were federal records and therefore covered by the Federal Records Act of 1950, which was "paramount to and took precedence over" the 1922 act that had appropriated money for the shrine at the Library of Congress. Luther Evans agreed with this line of reasoning, but he emphasized getting the approval of the President and the Joint Committee on the Library. Senator Theodore H. Green, Chairman of the Joint Committee on the Library, agreed that the transfer should take place but stipulated that it would be necessary to have his committee act on the matter. Evans went to the April 30, 1952, committee meeting alone. There is no formal record of what was said at the meeting, except that the Joint Committee on the Library ordered that the documents be transferred to the National Archives. Not only was the Archives the official depository of the government's records, it was also, in the judgment of the committee, the most nearly bombproof building in Washington. At 11 a.m., December 13, 1952, Brigadier General Stoyte O. Ross, commanding general of the Air Force Headquarters Command, formally received the documents at the Library of Congress. Twelve members of the Armed Forces Special Police carried the 6 pieces of parchment in their helium-filled glass cases, enclosed in wooden crates, down the Library steps through a line of 88 servicewomen. An armored Marine Corps personnel carrier awaited the documents. Once they had been placed on mattresses inside the vehicle, they were accompanied by a color guard, ceremonial troops, the Army Band, the Air Force Drum and Bugle Corps, two light tanks, four servicemen carrying submachine guns, and a motorcycle escort in a parade down Pennsylvania and Constitution Avenues to the Archives Building. Both sides of the parade route were lined by Army, Navy, Coast Guard, Marine, and Air Force personnel. At 11:35 a.m. General Ross and the 12 special policemen arrived at the National Archives Building, carried the crates up the steps, and formally delivered them into the custody of Archivist of the United States Wayne Grover. (Already at the National Archives was the Bill of Rights, protectively sealed according to the modern techniques used a year earlier for the Declaration and Constitution.) The formal enshrining ceremony on December 15, 1952, was equally impressive. Chief Justice of the United States Fred M. Vinson presided over the ceremony, which was attended by officials of more than 100 national civic, patriotic, religious, veterans, educational, business, and labor groups. After the invocation by the Reverend Frederick Brown Harris, chaplain of the Senate, Governor Elbert N. Carvel of Delaware, the first state to ratify the Constitution, called the roll of states in the order in which they ratified the Constitution or were admitted to the Union. As each state was called, a servicewoman carrying the state flag entered the Exhibition Hall and remained at attention in front of the display cases circling the hall. President Harry S. Truman, the featured speaker, said:

"The Declaration of Independence, the Constitution, and the Bill of Rights are now assembled in one place for display and safekeeping. . . . We are engaged here today in a symbolic act. We are enshrining these documents for future ages. . . . This magnificent hall has been constructed to exhibit them, and the vault beneath, that we have built to protect them, is as safe from destruction as anything that the wit of modern man can devise. All this is an honorable effort, based upon reverence for the great past, and our generation can take just pride in it."

Senator Green briefly traced the history of the three documents, and then the Librarian of Congress and the Archivist of the United States jointly unveiled the shrine. Finally, Justice Vinson spoke briefly, the Reverend Bernard Braskamp, chaplain of the House of Representatives gave the benediction, the U.S. Marine Corps Band played the "Star Spangled Banner," the President was escorted from the hall, the 48 flagbearers marched out, and the ceremony was over. (The story of the transfer of the documents is found in Milton O. Gustafson, " The Empty Shrine: The Transfer of the Declaration of Independence and the Constitution to the National Archives," The American Archivist 39 (July 1976): 271-285.) The present shrine provides an imposing home. The priceless documents stand at the center of a semicircle of display cases showing other important records of the growth of the United States. The Declaration, the Constitution, and the Bill of Rights stand slightly elevated, under armed guard, in their bronze and marble shrine. The Bill of Rights and two of the five leaves of the Constitution are displayed flat. Above them the Declaration of Independence is held impressively in an upright case constructed of ballistically tested glass and plastic laminate. Ultraviolet-light filters in the laminate give the inner layer a slightly greenish hue. At night, the documents are stored in an underground vault. In 1987 the National Archives and Records Administration installed a $3 million camera and computerized system to monitor the condition of the three documents. The Charters Monitoring System was designed by the Jet Propulsion Laboratory to assess the state of preservation of the Constitution, the Declaration of Independence, and the Bill of Rights. It can detect any changes in readability due to ink flaking, off-setting of ink to glass, changes in document dimensions, and ink fading. The system is capable of recording in very fine detail 1-inch square areas of documents and later retaking the pictures in exactly the same places and under the same conditions of lighting and charge-coupled device (CCD) sensitivity. (The CCD measures reflectivity.) Periodic measurements are compared to the baseline image to determine if changes or deterioration invisible to the human eye have taken place. The Declaration has had many homes, from humble lodgings and government offices to the interiors of safes and great public displays. It has been carried in wagons, ships, a Pullman sleeper, and an armored vehicle. In its latest home, it has been viewed with respect by millions of people, everyone of whom has had thereby a brief moment, a private moment, to reflect on the meaning of democracy. The nation to which the Declaration gave birth has had an immense impact on human history, and continues to do so. In telling the story of the parchment, it is appropriate to recall the words of poet and Librarian of Congress Archibald MacLeish. He described the Declaration of Independence and the Constitution as "these fragile objects which bear so great a weight of meaning to our people." The story of the Declaration of Independence as a document can only be a part of the larger history, a history still unfolding, a "weight of meaning" constantly, challenged, strengthened, and redefined.

Appendix A

The 26 copies of the Dunlap broadside known to exist are dispersed among American and British institutions and private owners. The following are the current locations of the copies. National Archives, Washington, DC Library of Congress, Washington, DC (two copies) Maryland Historical Society, Baltimore, MD University of Virginia, Charlottesville, VA (two copies) Independence National Historic Park, Philadelphia, PA American Philosophical Society, Philadelphia, PA Historical Society of Pennsylvania, Philadelphia, PA Scheide Library, Princeton University, Princeton, NJ [The Library is privately owned.] New York Public Library, New York Pierpont Morgan Library, New York Massachusetts Historical Society, Boston, MA Harvard University, Cambridge, MA Chapin Library, Williams College, Williamstown, MA Yale University, New Haven, CT American Independence Museum, Exeter, NH Maine Historical Society, Portland, ME Indiana University, Bloomington, IN Chicago Historical Society, Chicago, IL J. Erik Jonsson Central Library, Dallas Public Library, Dallas, TX Declaration of Independence Road Trip [Norman Lear and David Hayden] Private collector National Archives, United Kingdom (three copies)

Appendix B

The locations given for the Declaration from 1776 to 1789 are based on the locations for meetings of the Continental and Confederation Congresses: Philadelphia: August-December 1776 Baltimore: December 1776-March 1777 Philadelphia: March-September 1777 Lancaster, PA: September 27, 1777 York, PA: September 30, 1777-June 1778 Philadelphia: July 1778-June 1783 Princeton, NJ: June-November 1783 Annapolis, MD: November 1783-October 1784 Trenton, NJ: November-December 1784 New York: 1785-1790 Philadelphia: 1790-1800 Washington, DC (three locations): 1800-1814 Leesburg, VA: August-September 1814 Washington, DC (three locations): 1814-1841 Washington, DC (Patent Office Building): 1841-1876 Philadelphia: May-November 1876 Washington, DC (State, War, and Navy Building): 1877-1921 Washington, DC (Library of Congress): 1921-1941 Fort Knox*: 1941-1944 Washington, DC (Library of Congress): 1944-1952 Washington, DC (National Archives): 1952-present *Except that the document was displayed on April 13, 1943, at the dedication of the Thomas Jefferson Memorial in Washington, DC.

 

 

For Further Reading:

Bailyn, Bernard. The Origins of Independence. New York: Alfred A. Knopf, 1968.

Becker, Carl L. The Declaration of Independence: A Study in the History of Political Ideas. New York: Alfred A. Knopf, 1942.

The Formation of the Union. Washington, DC: National Archives Trust Fund Board, 1970.

Ferris, Robert G., ed. Signers of the Declaration: Historic Places Commemorating the Signing of the Declaration of Independence. Washington, DC: National Park Service, 1973.

Goff, Frederick, R. The John Dunlap Broadside: The First Printing of the Declaration of Independence. Washington, DC: Library of Congress, 1976.

Gustafson, Milton O. "The Empty Shrine: The Transfer of the Declaration of Independence and the Constitution to the National Archives." The American Archivist 39 (July 1976): 271-285.

 Lucas, Stephen E. "The Stylistic Artistry of the Declaration of Independence." Prologue: Quarterly of the National Archives 22 (Spring 1990): 25-43.

Malone, Dumas. The Story of the Declaration of Independence. New York: Oxford University Press, 1954.

 

 Constitution of the United States

 

The Federal Convention convened in the State House (Independence Hall) in Philadelphia on May 14, 1787, to revise the Articles of Confederation. Because the delegations from only two states were at first present, the members adjourned from day to day until a quorum of seven states was obtained on May 25. Through discussion and debate it became clear by mid-June that, rather than amend the existing Articles, the Convention would draft an entirely new frame of government. All through the summer, in closed sessions, the delegates debated, and redrafted the articles of the new Constitution. Among the chief points at issue were how much power to allow the central government, how many representatives in Congress to allow each state, and how these representatives should be elected--directly by the people or by the state legislators. The work of many minds, the Constitution stands as a model of cooperative statesmanship and the art of compromise.

 

The Constitution of the United States:

A Transcription

Note: The following text is a transcription of the Constitution in its original form.

Items that are hyperlinked have since been amended or superseded.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

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 chuse 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 chuse 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 chuse 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 chusing 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 Behaviour, 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 encreased 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 Defence 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 Controul 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 chuse 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 chuse the President. But in chusing 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 chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing 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 Behaviour, 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 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.

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.

The Word, "the," being interlined between the seventh and eighth Lines of the first Page, the Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

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,

G°. Washington Presidt and deputy from Virginia

Delaware Geo: Read Gunning Bedford jun John Dickinson Richard Bassett Jaco: Broom

Maryland James McHenry Dan of St Thos. Jenifer Danl. Carroll

Virginia John Blair James Madison Jr.

North Carolina Wm. Blount Richd. Dobbs Spaight Hu Williamson

South Carolina J. Rutledge Charles Cotesworth Pinckney Charles Pinckney Pierce Butler Georgia William Few Abr Baldwin New Hampshire John Langdon Nicholas Gilman

Massachusetts Nathaniel Gorham Rufus King Connecticut Wm. Saml. Johnson Roger Sherman

New York Alexander Hamilton

New Jersey Wil: Livingston David Brearley Wm. Paterson Jona: Dayton

Pennsylvania B Franklin Thomas Mifflin Robt. Morris Geo. Clymer Thos. FitzSimons Jared Ingersoll James Wilson Gouv Morris

 

 

 

A More Perfect Union:

The Creation of the U.S. Constitution

 

 General George Washington was unanimously

elected president of the Philadelphia convention.

 

May 25, 1787, Freshly spread dirt covered the cobblestone street in front of the Pennsylvania State House, protecting the men inside from the sound of passing carriages and carts. Guards stood at the entrances to ensure that the curious were kept at a distance. Robert Morris of Pennsylvania, the "financier" of the Revolution, opened the proceedings with a nomination--Gen. George Washington for the presidency of the Constitutional Convention. The vote was unanimous. With characteristic ceremonial modesty, the general expressed his embarrassment at his lack of qualifications to preside over such an august body and apologized for any errors into which he might fall in the course of its deliberations.

To many of those assembled, especially to the small, boyish-looking, 36-year-old delegate from Virginia, James Madison, the general's mere presence boded well for the convention, for the illustrious Washington gave to the gathering an air of importance and legitimacy But his decision to attend the convention had been an agonizing one. The Father of the Country had almost remained at home.

Suffering from rheumatism, despondent over the loss of a brother, absorbed in the management of Mount Vernon, and doubting that the convention would accomplish very much or that many men of stature would attend, Washington delayed accepting the invitation to attend for several months. Torn between the hazards of lending his reputation to a gathering perhaps doomed to failure and the chance that the public would view his reluctance to attend with a critical eye, the general finally agreed to make the trip. James Madison was pleased.

 

The Articles of Confederation

 

The determined Madison had for several years insatiably studied history and political theory searching for a solution to the political and economic dilemmas he saw plaguing America. The Virginian's labors convinced him of the futility and weakness of confederacies of independent states. America's own government under the Articles of Confederation, Madison was convinced, had to be replaced. In force since 1781, established as a "league of friendship" and a constitution for the 13 sovereign and independent states after the Revolution, the articles seemed to Madison woefully inadequate. With the states retaining considerable power, the central government, he believed, had insufficient power to regulate commerce. It could not tax and was generally impotent in setting commercial policy It could not effectively support a war effort. It had little power to settle quarrels between states. Saddled with this weak government, the states were on the brink of economic disaster. The evidence was overwhelming. Congress was attempting to function with a depleted treasury; paper money was flooding the country, creating extraordinary inflation--a pound of tea in some areas could be purchased for a tidy $100; and the depressed condition of business was taking its toll on many small farmers. Some of them were being thrown in jail for debt, and numerous farms were being confiscated and sold for taxes.

In 1786 some of the farmers had fought back. Led by Daniel Shays, a former captain in the Continental army, a group of armed men, sporting evergreen twigs in their hats, prevented the circuit court from sitting at Northampton, MA, and threatened to seize muskets stored in the arsenal at Springfield. Although the insurrection was put down by state troops, the incident confirmed the fears of many wealthy men that anarchy was just around the corner. Embellished day after day in the press, the uprising made upper-class Americans shudder as they imagined hordes of vicious outlaws descending upon innocent citizens. From his idyllic Mount Vernon setting, Washington wrote to Madison: "Wisdom and good examples are necessary at this time to rescue the political machine from the impending storm."

Madison thought he had the answer. He wanted a strong central government to provide order and stability. "Let it be tried then," he wrote, "whether any middle ground can be taken which will at once support a due supremacy of the national authority," while maintaining state power only when "subordinately useful." The resolute Virginian looked to the Constitutional Convention to forge a new government in this mold.

The convention had its specific origins in a proposal offered by Madison and John Tyler in the Virginia assembly that the Continental Congress be given power to regulate commerce throughout the Confederation. Through their efforts in the assembly a plan was devised inviting the several states to attend a convention at Annapolis, MD, in September 1786 to discuss commercial problems. Madison and a young lawyer from New York named Alexander Hamilton issued a report on the meeting in Annapolis, calling upon Congress to summon delegates of all of the states to meet for the purpose of revising the Articles of Confederation. Although the report was widely viewed as a usurpation of congressional authority, the Congress did issue a formal call to the states for a convention. To Madison it represented the supreme chance to reverse the country's trend. And as the delegations gathered in Philadelphia, its importance was not lost to others. The squire of Gunston Hall, George Mason, wrote to his son, "The Eyes of the United States are turned upon this Assembly and their Expectations raised to a very anxious Degree. May God Grant that we may be able to gratify them, by establishing a wise and just Government."

 The Delegates

Seventy-four delegates were appointed to the convention, of which 55 actually attended sessions. Rhode Island was the only state that refused to send delegates. Dominated by men wedded to paper currency, low taxes, and popular government, Rhode Island's leaders refused to participate in what they saw as a conspiracy to overthrow the established government. Other Americans also had their suspicions. Patrick Henry, of the flowing red Glasgow cloak and the magnetic oratory, refused to attend, declaring he "smelt a rat." He suspected, correctly, that Madison had in mind the creation of a powerful central government and the subversion of the authority of the state legislatures. Henry along with many other political leaders, believed that the state governments offered the chief protection for personal liberties. He was determined not to lend a hand to any proceeding that seemed to pose a threat to that protection.

With Henry absent, with such towering figures as Jefferson and Adams abroad on foreign missions, and with John Jay in New York at the Foreign Office, the convention was without some of the country's major political leaders. It was, nevertheless, an impressive assemblage. In addition to Madison and Washington, there were Benjamin Franklin of Pennsylvania--crippled by gout, the 81-year-old Franklin was a man of many dimensions printer, storekeeper, publisher, scientist, public official, philosopher, diplomat, and ladies' man; James Wilson of Pennsylvania--a distinguished lawyer with a penchant for ill-advised land-jobbing schemes, which would force him late in life to flee from state to state avoiding prosecution for debt, the Scotsman brought a profound mind steeped in constitutional theory and law; Alexander Hamilton of New York--a brilliant, ambitious former aide-de-camp and secretary to Washington during the Revolution who had, after his marriage into the Schuyler family of New York, become a powerful political figure; George Mason of Virginia--the author of the Virginia Bill of Rights whom Jefferson later called "the Cato of his country without the avarice of the Roman"; John Dickinson of Delaware--the quiet, reserved author of the "Farmers' Letters" and chairman of the congressional committee that framed the articles; and Gouverneur Morris of Pennsylvania-- well versed in French literature and language, with a flair and bravado to match his keen intellect, who had helped draft the New York State Constitution and had worked with Robert Morris in the Finance Office.

There were others who played major roles - Oliver Ellsworth of Connecticut; Edmund Randolph of Virginia; William Paterson of New Jersey; John Rutledge of South Carolina; Elbridge Gerry of Massachusetts; Roger Sherman of Connecticut; Luther Martin of Maryland; and the Pinckneys, Charles and Charles Cotesworth, of South Carolina. Franklin was the oldest member and Jonathan Dayton, the 27-year-old delegate from New Jersey was the youngest. The average age was 42. Most of the delegates had studied law, had served in colonial or state legislatures, or had been in the Congress. Well versed in philosophical theories of government advanced by such philosophers as James Harrington, John Locke, and Montesquieu, profiting from experience gained in state politics, the delegates composed an exceptional body, one that left a remarkably learned record of debate. Fortunately we have a relatively complete record of the proceedings, thanks to the indefatigable James Madison. Day after day, the Virginian sat in front of the presiding officer, compiling notes of the debates, not missing a single day or a single major speech. He later remarked that his self-confinement in the hall, which was often oppressively hot in the Philadelphia summer, almost killed him.

The sessions of the convention were held in secret--no reporters or visitors were permitted. Although many of the naturally loquacious members were prodded in the pubs and on the streets, most remained surprisingly discreet. To those suspicious of the convention, the curtain of secrecy only served to confirm their anxieties. Luther Martin of Maryland later charged that the conspiracy in Philadelphia needed a quiet breeding ground. Thomas Jefferson wrote John Adams from Paris, "I am sorry they began their deliberations by so abominable a precedent as that of tying up the tongues of their members."

The Virginia Plan

On Tuesday morning, May 29, Edmund Randolph, the tall, 34-year- old governor of Virginia, opened the debate with a long speech decrying the evils that had befallen the country under the Articles of Confederation and stressing the need for creating a strong national government. Randolph then outlined a broad plan that he and his Virginia compatriots had, through long sessions at the Indian Queen tavern, put together in the days preceding the convention. James Madison had such a plan on his mind for years. The proposed government had three branches--legislative, executive, and judicial--each branch structured to check the other. Highly centralized, the government would have veto power over laws enacted by state legislatures. The plan, Randolph confessed, "meant a strong consolidated union in which the idea of states should be nearly annihilated." This was, indeed, the rat so offensive to Patrick Henry.

The introduction of the so-called Virginia Plan at the beginning of the convention was a tactical coup. The Virginians had forced the debate into their own frame of reference and in their own terms.

For 10 days the members of the convention discussed the sweeping and, to many delegates, startling Virginia resolutions. The critical issue, described succinctly by Gouverneur Morris on May 30, was the distinction between a federation and a national government, the "former being a mere compact resting on the good faith of the parties; the latter having a compleat and compulsive operation." Morris favored the latter, a "supreme power" capable of exercising necessary authority not merely a shadow government, fragmented and hopelessly ineffective.

The New Jersey Plan

This nationalist position revolted many delegates who cringed at the vision of a central government swallowing state sovereignty. On June 13 delegates from smaller states rallied around proposals offered by New Jersey delegate William Paterson. Railing against efforts to throw the states into "hotchpot," Paterson proposed a "union of the States merely federal." The "New Jersey resolutions" called only for a revision of the articles to enable the Congress more easily to raise revenues and regulate commerce. It also provided that acts of Congress and ratified treaties be "the supreme law of the States."

For 3 days the convention debated Paterson's plan, finally voting for rejection. With the defeat of the New Jersey resolutions, the convention was moving toward creation of a new government, much to the dismay of many small-state delegates. The nationalists, led by Madison, appeared to have the proceedings in their grip. In addition, they were able to persuade the members that any new constitution should be ratified through conventions of the people and not by the Congress and the state legislatures- -another tactical coup. Madison and his allies believed that the constitution they had in mind would likely be scuttled in the legislatures, where many state political leaders stood to lose power. The nationalists wanted to bring the issue before "the people," where ratification was more likely.

Hamilton's Plan

 

Alexander Hamilton on June 18 called the British government "the best in the world"

 and proposed a model strikingly similar. The erudite New Yorker, however,

 later became one of the most ardent spokesmen for the new Constitution.

 

Strongly militating against any serious attempt to establish monarchy was the enmity so prevalent in the revolutionary period toward royalty and the privileged classes. Some state constitutions had even prohibited titles of nobility. In the same year as the Philadelphia convention, Royall Tyler, a revolutionary war veteran, in his play The Contract, gave his own jaundiced view of the upper classes:

 

Exult each patriot heart! this night is shewn

A piece, which we may fairly call our own;

Where the proud titles of "My Lord!" "Your Grace!"

To humble Mr. and plain Sir give place.

 

Most delegates were well aware that there were too many Royall Tylers in the country, with too many memories of British rule and too many ties to a recent bloody war, to accept a king. As the debate moved into the specifics of the new government, Alexander Hamilton and others of his persuasion would have to accept something less.

By the end of June, debate between the large and small states over the issue of representation in the first chamber of the legislature was becoming increasingly acrimonious. Delegates from Virginia and other large states demanded that voting in Congress be according to population; representatives of smaller states insisted upon the equality they had enjoyed under the articles. With the oratory degenerating into threats and accusations, Benjamin Franklin appealed for daily prayers. Dressed in his customary gray homespun, the aged philosopher pleaded that "the Father of lights . . . illuminate our understandings." Franklin's appeal for prayers was never fulfilled; the convention, as Hugh Williamson noted, had no funds to pay a preacher.

On June 29 the delegates from the small states lost the first battle. The convention approved a resolution establishing population as the basis for representation in the House of Representatives, thus favoring the larger states. On a subsequent small-state proposal that the states have equal representation in the Senate, the vote resulted in a tie. With large-state delegates unwilling to compromise on this issue, one member thought that the convention "was on the verge of dissolution, scarce held together by the strength of an hair."

By July 10 George Washington was so frustrated over the deadlock that he bemoaned "having had any agency" in the proceedings and called the opponents of a strong central government "narrow minded politicians . . . under the influence of local views." Luther Martin of Maryland, perhaps one whom Washington saw as "narrow minded," thought otherwise. A tiger in debate, not content merely to parry an opponent's argument but determined to bludgeon it into eternal rest, Martin had become perhaps the small states' most effective, if irascible, orator. The Marylander leaped eagerly into the battle on the representation issue declaring, "The States have a right to an equality of representation. This is secured to us by our present articles of confederation; we are in possession of this privilege."

 

The Great Compromise

Also crowding into this complicated and divisive discussion over representation was the North-South division over the method by which slaves were to be counted for purposes of taxation and representation. On July 12 Oliver Ellsworth proposed that representation for the lower house be based on the number of free persons and three-fifths of "all other persons," a euphemism for slaves. In the following week the members finally compromised, agreeing that direct taxation be according to representation and that the representation of the lower house be based on the white inhabitants and three-fifths of the "other people." With this compromise and with the growing realization that such compromise was necessary to avoid a complete breakdown of the convention, the members then approved Senate equality. Roger Sherman had remarked that it was the wish of the delegates "that some general government should be established." With the crisis over representation now settled, it began to look again as if this wish might be fulfilled.

For the next few days the air in the City of Brotherly Love, although insufferably muggy and swarming with blue-bottle flies, had the clean scent of conciliation. In this period of welcome calm, the members decided to appoint a Committee of Detail to draw up a draft constitution. The convention would now at last have something on paper. As Nathaniel Gorham of Massachusetts, John Rutledge, Edmund Randolph, James Wilson, and Oliver Ellsworth went to work, the other delegates voted themselves a much needed 10-day vacation.

During the adjournment, Gouverneur Morris and George Washington rode out along a creek that ran through land that had been part of the Valley Forge encampment 10 years earlier. While Morris cast for trout, Washington pensively looked over the now lush ground where his freezing troops had suffered, at a time when it had seemed as if the American Revolution had reached its end. The country had come a long way.

The First Draft

On Monday August 6, 1787, the convention accepted the first draft of the Constitution. Here was the article-by-article model from which the final document would result some 5 weeks later. As the members began to consider the various sections, the willingness to compromise of the previous days quickly evaporated. The most serious controversy erupted over the question of regulation of commerce. The southern states, exporters of raw materials, rice, indigo, and tobacco, were fearful that a New England-dominated Congress might, through export taxes, severely damage the South's economic life. C. C. Pinckney declared that if Congress had the power to regulate trade, the southern states would be "nothing more than overseers for the Northern States."

On August 21 the debate over the issue of commerce became very closely linked to another explosive issue--slavery. When Martin of Maryland proposed a tax on slave importation, the convention was thrust into a strident discussion of the institution of slavery and its moral and economic relationship to the new government. Rutledge of South Carolina, asserting that slavery had nothing at all to do with morality, declared, "Interest alone is the governing principle with nations." Sherman of Connecticut was for dropping the tender issue altogether before it jeopardized the convention. Mason of Virginia expressed concern over unlimited importation of slaves but later indicated that he also favored federal protection of slave property already held. This nagging issue of possible federal intervention in slave traffic, which Sherman and others feared could irrevocably split northern and southern delegates, was settled by, in Mason's words, "a bargain." Mason later wrote that delegates from South Carolina and Georgia, who most feared federal meddling in the slave trade, made a deal with delegates from the New England states. In exchange for the New Englanders' support for continuing slave importation for 20 years, the southerners accepted a clause that required only a simple majority vote on navigation laws, a crippling blow to southern economic interests.

The bargain was also a crippling blow to those working to abolish slavery. Congregationalist minister and abolitionist Samuel Hopkins of Connecticut charged that the convention had sold out: "How does it appear . . . that these States, who have been fighting for liberty and consider themselves as the highest and most noble example of zeal for it, cannot agree in any political Constitution, unless it indulge and authorize them to enslave their fellow men . . . Ah! these unclean spirits, like frogs, they, like the Furies of the poets are spreading discord, and exciting men to contention and war." Hopkins considered the Constitution a document fit for the flames.

On August 31 a weary George Mason, who had 3 months earlier written so expectantly to his son about the "great Business now before us," bitterly exclaimed that he "would sooner chop off his right hand than put it to the Constitution as it now stands." Mason despaired that the convention was rushing to saddle the country with an ill-advised, potentially ruinous central authority He was concerned that a "bill of rights," ensuring individual liberties, had not been made part of the Constitution. Mason called for a new convention to reconsider the whole question of the formation of a new government. Although Mason's motion was overwhelmingly voted down, opponents of the Constitution did not abandon the idea of a new convention. It was futilely suggested again and again for over 2 years.

One of the last major unresolved problems was the method of electing the executive. A number of proposals, including direct election by the people, by state legislatures, by state governors, and by the national legislature, were considered. The result was the electoral college, a master stroke of compromise, quaint and curious but politically expedient. The large states got proportional strength in the number of delegates, the state legislatures got the right of selecting delegates, and the House the right to choose the president in the event no candidate received a majority of electoral votes. Mason later predicted that the House would probably choose the president 19 times out of 20.

In the early days of September, with the exhausted delegates anxious to return home, compromise came easily. On September 8 the convention was ready to turn the Constitution over to a Committee of Style and Arrangement. Gouverneur Morris was the chief architect. Years later he wrote to Timothy Pickering: "That Instrument was written by the Fingers which wrote this letter." The Constitution was presented to the convention on September 12, and the delegates methodically began to consider each section. Although close votes followed on several articles, it was clear that the grueling work of the convention in the historic summer of 1787 was reaching its end.

Before the final vote on the Constitution on September 15, Edmund Randolph proposed that amendments be made by the state conventions and then turned over to another general convention for consideration. He was joined by George Mason and Elbridge Gerry. The three lonely allies were soundly rebuffed. Late in the afternoon the roll of the states was called on the Constitution, and from every delegation the word was "Aye."

On September 17 the members met for the last time, and the venerable Franklin had written a speech that was delivered by his colleague James Wilson. Appealing for unity behind the Constitution, Franklin declared, "I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats." With Mason, Gerry, and Randolph withstanding appeals to attach their signatures, the other delegates in the hall formally signed the Constitution, and the convention adjourned at 4 o'clock in the afternoon.

Weary from weeks of intense pressure but generally satisfied with their work, the delegates shared a farewell dinner at City Tavern. Two blocks away on Market Street, printers John Dunlap and David Claypoole worked into the night on the final imprint of the six-page Constitution, copies of which would leave Philadelphia on the morning stage. The debate over the nation's form of government was now set for the larger arena.

As the members of the convention returned home in the following days, Alexander Hamilton privately assessed the chances of the Constitution for ratification. In its favor were the support of Washington, commercial interests, men of property, creditors, and the belief among many Americans that the Articles of Confederation were inadequate. Against it were the opposition of a few influential men in the convention and state politicians fearful of losing power, the general revulsion against taxation, the suspicion that a centralized government would be insensitive to local interests, and the fear among debtors that a new government would "restrain the means of cheating Creditors."

The Federalists and the Anti-Federalists

Because of its size, wealth, and influence and because it was the first state to call a ratifying convention, Pennsylvania was the focus of national attention. The positions of the Federalists, those who supported the Constitution, and the anti-Federalists, those who opposed it, were printed and reprinted by scores of newspapers across the country. And passions in the state were most warm. When the Federalist-dominated Pennsylvania assembly lacked a quorum on September 29 to call a state ratifying convention, a Philadelphia mob, in order to provide the necessary numbers, dragged two anti-Federalist members from their lodgings through the streets to the State House where the bedraggled representatives were forced to stay while the assembly voted. It was a curious example of participatory democracy.

On October 5 anti-Federalist Samuel Bryan published the first of his "Centinel" essays in Philadelphia's Independent Gazetteer. Republished in newspapers in various states, the essays assailed the sweeping power of the central government, the usurpation of state sovereignty, and the absence of a bill of rights guaranteeing individual liberties such as freedom of speech and freedom of religion. "The United States are to be melted down," Bryan declared, into a despotic empire dominated by "well-born" aristocrats. Bryan was echoing the fear of many anti-Federalists that the new government would become one controlled by the wealthy established families and the culturally refined. The common working people, Bryan believed, were in danger of being subjugated to the will of an all-powerful authority remote and inaccessible to the people. It was this kind of authority, he believed, that Americans had fought a war against only a few years earlier. The next day James Wilson, delivering a stirring defense of the Constitution to a large crowd gathered in the yard of the State House, praised the new government as the best "which has ever been offered to the world." The Scotsman's view prevailed. Led by Wilson, Federalists dominated in the Pennsylvania convention, carrying the vote on December 12 by a healthy 46 to 23.

The vote for ratification in Pennsylvania did not end the rancor and bitterness. Franklin declared that scurrilous articles in the press were giving the impression that Pennsylvania was "peopled by a set of the most unprincipled, wicked, rascally and quarrelsome scoundrels upon the face of the globe." And in Carlisle, on December 26, anti-Federalist rioters broke up a Federalist celebration and hung Wilson and the Federalist chief justice of Pennsylvania, Thomas McKean, in effigy; put the torch to a copy of the Constitution; and busted a few Federalist heads.

In New York the Constitution was under siege in the press by a series of essays signed "Cato." Mounting a counterattack, Alexander Hamilton and John Jay enlisted help from Madison and, in late 1787, they published the first of a series of essays now known as the Federalist Papers. The 85 essays, most of which were penned by Hamilton himself, probed the weaknesses of the Articles of Confederation and the need for an energetic national government. Thomas Jefferson later called the Federalist Papers the "best commentary on the principles of government ever written."

Against this kind of Federalist leadership and determination, the opposition in most states was disorganized and generally inert. The leading spokesmen were largely state-centered men with regional and local interests and loyalties. Madison wrote of the Massachusetts anti-Federalists, "There was not a single character capable of uniting their wills or directing their measures. . . . They had no plan whatever." The anti-Federalists attacked wildly on several fronts: the lack of a bill of rights, discrimination against southern states in navigation legislation, direct taxation, the loss of state sovereignty. Many charged that the Constitution represented the work of aristocratic politicians bent on protecting their own class interests. At the Massachusetts convention one delegate declared, "These lawyers, and men of learning and moneyed men, that . . . make us poor illiterate people swallow down the pill . . . they will swallow up all us little folks like the great Leviathan; yes, just as the whale swallowed up Jonah!" Some newspaper articles, presumably written by anti-Federalists, resorted to fanciful predictions of the horrors that might emerge under the new Constitution pagans and deists could control the government; the use of Inquisition-like torture could be instituted as punishment for federal crimes; even the pope could be elected president.

One anti-Federalist argument gave opponents some genuine difficulty--the claim that the territory of the 13 states was too extensive for a representative government. In a republic embracing a large area, anti-Federalists argued, government would be impersonal, unrepresentative, dominated by men of wealth, and oppressive of the poor and working classes. Had not the illustrious Montesquieu himself ridiculed the notion that an extensive territory composed of varying climates and people, could be a single republican state? James Madison, always ready with the Federalist volley, turned the argument completely around and insisted that the vastness of the country would itself be a strong argument in favor of a republic. Claiming that a large republic would counterbalance various political interest groups vying for power, Madison wrote, "The smaller the society the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party and the more easily will they concert and execute their plans of oppression." Extend the size of the republic, Madison argued, and the country would be less vulnerable to separate factions within it.

Ratification

By January 9, 1788, five states of the nine necessary for ratification had approved the Constitution--Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut. But the eventual outcome remained uncertain in pivotal states such as Massachusetts, New York, and Virginia. On February 6, withFederalists agreeing to recommend a list of amendments amounting to a bill of rights, Massachusetts ratified by a vote of 187 to 168. The revolutionary leader, John Hancock, elected to preside over the Massachusetts ratifying convention but unable to make up his mind on the Constitution, took to his bed with a convenient case of gout. Later seduced by the Federalists with visions of the vice presidency and possibly the presidency, Hancock, whom Madison noted as "an idolater of popularity," suddenly experienced a miraculous cure and delivered a critical block of votes. Although Massachusetts was now safely in the Federalist column, the recommendation of a bill of rights was a significant victory for the anti-Federalists. Six of the remaining states later appended similar recommendations.

When the New Hampshire convention was adjourned by Federalists who sensed imminent defeat and when Rhode Island on March 24 turned down the Constitution in a popular referendum by an overwhelming vote of 10 to 1, Federalist leaders were apprehensive. Looking ahead to the Maryland convention, Madison wrote to Washington, "The difference between even a postponement and adoption in Maryland may . . . possibly give a fatal advantage to that which opposes the constitution." Madison had little reason to worry. The final vote on April 28 63 for, 11 against. In Baltimore, a huge parade celebrating the Federalist victory rolled. through the downtown streets, highlighted by a 15-foot float called "Ship Federalist." The symbolically seaworthy craft was later launched in the waters off Baltimore and sailed down the Potomac to Mount Vernon.

On July 2, 1788, the Confederation Congress, meeting in New York, received word that a reconvened New Hampshire ratifying convention had approved the Constitution. With South Carolina's acceptance of the Constitution in May, New Hampshire thus became the ninth state to ratify. The Congress appointed a committee "for putting the said Constitution into operation."

In the next 2 months, thanks largely to the efforts of Madison and Hamilton in their own states, Virginia and New York both ratified while adding their own amendments. The margin for the Federalists in both states, however, was extremely close. Hamilton figured that the majority of the people in New York actually opposed the Constitution, and it is probable that a majority of people in the entire country opposed it. Only the promise of amendments had ensured a Federalist victory.

The Bill of Rights

The call for a bill of rights had been the anti-Federalists' most powerful weapon. Attacking the proposed Constitution for its vagueness and lack of specific protection against tyranny, Patrick Henry asked the Virginia convention, "What can avail your specious, imaginary balances, your rope-dancing, chain-rattling, ridiculous ideal checks and contrivances." The anti-Federalists, demanding a more concise, unequivocal Constitution, one that laid out for all to see the right of the people and limitations of the power of government, claimed that the brevity of the document only revealed its inferior nature. Richard Henry Lee despaired at the lack of provisions to protect "those essential rights of mankind without which liberty cannot exist." Trading the old government for the new without such a bill of rights, Lee argued, would be trading Scylla for Charybdis.

A bill of rights had been barely mentioned in the Philadelphia convention, most delegates holding that the fundamental rights of individuals had been secured in the state constitutions. James Wilson maintained that a bill of rights was superfluous because all power not expressly delegated to thenew government was reserved to the people. It was clear, however, that in this argument the anti-Federalists held the upper hand. Even Thomas Jefferson, generally in favor of the new government, wrote to Madison that a bill of rights was "what the people are entitled to against every government on earth."

By the fall of 1788 Madison had been convinced that not only was a bill of rights necessary to ensure acceptance of the Constitution but that it would have positive effects. He wrote, on October 17, that such "fundamental maxims of free Government" would be "a good ground for an appeal to the sense of community" against potential oppression and would "counteract the impulses of interest and passion."

Madison's support of the bill of rights was of critical significance. One of the new representatives from Virginia to the First Federal Congress, as established by the new Constitution, he worked tirelessly to persuade the House to enact amendments. Defusing the anti-Federalists' objections to the Constitution, Madison was able to shepherd through 17 amendments in the early months of the Congress, a list that was later trimmed to 12 in the Senate. On October 2, 1789, President Washington sent to each of the states a copy of the 12 amendments adopted by the Congress in September. By December 15, 1791, three-fourths of the states had ratified the 10 amendments now so familiar to Americans as the "Bill of Rights."

Benjamin Franklin told a French correspondent in 1788 that the formation of the new government had been like a game of dice, with many players of diverse prejudices and interests unable to make any uncontested moves. Madison wrote to Jefferson that the welding of these clashing interests was "a task more difficult than can be well conceived by those who were not concerned in the execution of it." When the delegates left Philadelphia after the convention, few, if any, were convinced that the Constitution they had approved outlined the ideal form of government for the country. But late in his life James Madison scrawled out another letter, one never addressed. In it he declared that no government can be perfect, and "that which is the least imperfect is therefore the best government."

The Document Enshrined

The fate of the United States Constitution after its signing on September 17, 1787, can be contrasted sharply to the travels and physical abuse of America's other great parchment, the Declaration of Independence. As the Continental Congress, during the years of the revolutionary war, scurried from town to town, the rolled-up Declaration was carried along. After the formation of the new government under the Constitution, the one-page Declaration, eminently suited for display purposes, graced the walls of various government buildings in Washington, exposing it to prolonged damaging sunlight. It was also subjected to the work of early calligraphers responding to a demand for reproductions of the revered document. As any visitor to the National Archives can readily observe, the early treatment of the now barely legible Declaration took a disastrous toll. The Constitution, in excellent physical condition after more than 200 years, has enjoyed a more serene existence. By 1796 the Constitution was in the custody of the Department of State along with the Declaration and traveled with the federal government from New York to Philadelphia to Washington. Both documents were secretly moved to Leesburg, VA, before the imminent attack by the British on Washington in 1814. Following the war, the Constitution remained in the State Department while the Declaration continued its travels--to the Patent Office Building from 1841 to 1876, to Independence Hall in Philadelphia during the Centennial celebration, and back to Washington in 1877. On September 29, 1921, President Warren Harding issued an Executive order transferring the Constitution and the Declaration to the Library of Congress for preservation and exhibition. The next day Librarian of Congress Herbert Putnam, acting on authority of Secretary of State Charles Evans Hughes, carried the Constitution and the Declaration in a Model-T Ford truck to the library and placed them in his office safe until an appropriate exhibit area could be constructed. The documents were officially put on display at a ceremony in the library on February 28, 1924. On February 20, 1933, at the laying of the cornerstone of the future National Archives Building, President Herbert Hoover remarked, "There will be aggregated here the most sacred documents of our history--the originals of the Declaration of Independence and of the Constitution of the United States." The two documents however, were not immediately transferred to the Archives. During World War II both were moved from the library to Fort Knox for protection and returned to the library in 1944. It was not until successful negotiations were completed between Librarian of Congress Luther Evans and Archivist of the United States Wayne Grover that the transfer to the National Archives was finally accomplished by special direction of the Joint Congressional Committee on the Library.

On December 13, 1952, the Constitution and the Declaration were placed in helium-filled cases, enclosed in wooden crates, laid on mattresses in an armored Marine Corps personnel carrier, and escorted by ceremonial troops, two tanks, and four servicemen carrying submachine guns down Pennsylvania and Constitution avenues to the National Archives. Two days later, President Harry Truman declared at a formal ceremony in the Archives Exhibition Hall.

"We are engaged here today in a symbolic act. We are enshrining these documents for future ages. This magnificent hall has been constructed to exhibit them, and the vault beneath, that we have built to protect them, is as safe from destruction as anything that the wit of modern man can devise. All this is an honorable effort, based upon reverence for the great past, and our generation can take just pride in it."

Bibliographic note: Web version based on the Introduction by Roger A. Bruns to A More Perfect Union : The Creation of the United States Constitution. Washington, DC : Published for the National Archives and Records Administration by the National Archives Trust Fund Board, 1986. 33 p.

Web version may differ from printed version.

 

Bill of Rights

 

During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.

On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.

 

The Preamble to The Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

 Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

 

AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

 Note: Article III, section 2, of the Constitution was modified by amendment 11.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

AMENDMENT XII

Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, 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. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

*Superseded by section 3 of the 20th amendment.

AMENDMENT XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

*Changed by section 1 of the 26th amendment.

AMENDMENT XV

Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude--

Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

AMENDMENT XVI

Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by amendment 16.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

AMENDMENT XVIII

Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.

Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XIX

Passed by Congress June 4, 1919. Ratified August 18, 1920.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XX

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment.

 In addition, a portion of the 12th amendment was superseded by section 3.

Section 1. The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3rd day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

AMENDMENT XXI

Passed by Congress February 20, 1933. Ratified December 5, 1933.

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2. The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XXII

Passed by Congress March 21, 1947. Ratified February 27, 1951.

Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

AMENDMENT XXIII

Passed by Congress June 16, 1960. Ratified March 29, 1961.

Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXIV

Passed by Congress August 27, 1962. Ratified January 23, 1964.

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXV

Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article II, section 1, of the Constitution was affected by the 25th amendment.

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

AMENDMENT XXVI

Passed by Congress March 23, 1971. Ratified July 1, 1971.

Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.

Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXVII

Originally proposed Sept. 25, 1789. Ratified May 7, 1992.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

 

 IMPACT OF CHARTERS

The Power of the Courts ~ Marbury v. Madison, 1803

 

"The people made the Constitution, and the people can unmake it.

It is the creature of their will, and lives only by their will."

Chief Justice John Marshall, 1821

 

Although most of the Framers of the Constitution anticipated that the Federal judiciary would be the weakest branch of Government, the U.S. Supreme Court has come to wield enormous power with decisions that have reached into the lives of every citizen and resolved some of the most dramatic confrontations in U.S. history. The word of the Supreme Court is final. Overturning its decisions often requires an amendment to the Constitution or a revision of Federal law.

The power of the Supreme Court has evolved over time, through a series of milestone court cases. One of the Court's most fundamental powers is judicial review–the power to judge the constitutionality of any act or law of the executive or legislative branch. Some of the Framers expected the Supreme Court to take on the role of determining the constitutionality of Congress's laws, but the Constitution did not explicitly assign it to the Court. Marbury v. Madison, the 1803 landmark Supreme Court case, established the power of judicial review. From the modest claim of William Marbury, who sought a low-paying appointment as a District of Columbia Justice of the Peace, emerged a Supreme Court decision that established one of the cornerstones of the American constitutional system.

 

 

 

 

Order served on Secretary of State James Madison

by the U.S. Supreme Court, March 22, 1802