explaining, or conftruing a national treaty, or any part or claufe of it; nor for reftraining, limiting, or in any manner impeding, retarding or counteracting the operation and execution of the fame; for, on being conflitutionally made, ratified and published, they become, in virtue of the confederation, part of the law of the land, and are not only independent of the will and power of fuch legiflatures, but alfo binding and obligatory on them." As the treaty of peace, fo far as it refpects the matters and things provided for in it, is a law to the United States which cannot by all or any of them be altered or changed, all flate acts establishing provisions relative to the fame objects which are incompatible with it, muft in every point of view be improper; fuch acts do neverthe lefs exift; but we do not think it neceflry either to enumerate them particularly, or to make them feverally the fubjects of difcuffion. It appears to us fufficient to obferve and infil that the treaty ought to have free courfe in its operation and execution, and that all obitacles interpofed by itate acts be removed. We mean to act with the mon fcrupulous regard to juftice and candour towards Great Britain, and with an equal degree of delicacy, moderation, and decifion, towards the flates which have given occafion to thefe difcuffions. For thefe reafons we have in general terms, Refolved, That all fuch acts, or parts of acts as may be now exifting in any of the flates, repugnant to the treaty of peace, ought to be forthwith repealed; as well to prevent their continuing to be regarded as violations of that treaty, as to avoid the difagreeable neceffity there might otherwife be of raifing and difcuffing queft ons touching their validity and obligation." Although this refolution applies ftrictly only to fuch of the states as have paffed the exceptionable acts alluded to, yet, to obviate all future difputes and questions, as well as to remove thofe which now exist, we think it beft that every ftate without exception, fhould pafs a law on the fubject. We have therefore "refolved, That it be recommended to the feveral ftates, to make fuch repeal, rather by defcribing and reciting the faid acts; and tor that purpofe to pafs an act, declaring in general terms, that all fuch acts and parts of acts, repugnant to the treaty of peace between the United States and his Britannick m jefty, or any article the reof, fhall be, and thereby are repealed; and that the courts of law and equity in all cafes and queftions cognizable by them refpectively, and arifing from or touching the faid treaty, fall decide and adjudge according to the true intent and meaning of the fame; any thing in the faid acts, or parts of acts, to the contrary thereof notwithstanding." Such laws would answer every purpofe, and be eafily formed. The more they were of the like tenor throughout the states the beiter; they might each recite: Whereas certain laws and ftatutes made and paffed in fome of the United States, are regarded and complained of as repugnant to the treaty of peace with Great Britain, by reafon whereof not only the good faith of the United States pledged by that treaty, has been drawn into queftion, but their effential intereils under that treaty greatly affected: And whereas justice to Great Britain, as well as regard to the honour and intereft of the United States, require that the faid treaty be taithfully executed, and that all obftacles thereto, and particularly fuch it is hereby enacted by the authority of the fame, that fuch of the acts or parts of acts of the legislature of this state, as are repugnant to the treaty of peace between the United States and his Britannick majefty, or any article thereof, fhall be, and hereby are repealed. And further, that the courts of law and equity within this state be, and they hereby are directed and required in all caufes and questions cognizable by them refpectively, and arifing from or touching the faid treaty, to decide and adjudge according to the tenor, true intent and meaning of the fame, any thing in the faid acts or parts of acts, to the contrary thereof in any wife notwithstanding. Such a general law, would, we think, be preferable to one that fhould minutely enumerate the acts and claufes intended to be repealed; because omiffions might accidentally be made in the enumeration, or question might arife, and perhaps not be fatisfactorily determined, refpecting particular acts or claufes, about which contrary opinions may be entertained. By repealing in general terms all acts and claufes repugnant to the treaty, the bufinefs will be turned over to its proper departments, viz. the judicial; and the courts of law will find no difficulty in deciding whether any particular act or claufe is or is not contrary to the treaty. Befides, when it is confidered that the judges in general are men of character and learning, feel, as well as know the obligations of office, and the value of reputation, there is no reafon to doubt that their conduct and judgment relative to thefe, as well as other judicial matters, will be wife and upright. Be pleafed, fir, to lay this letter before the legiflature of your ftate without delay. We flatter ourselves they will concur with us in opinion that candour and juftice are as neceffary to true policy as they are to found morality, and that the most honourable way of delivering ourfelves from the embarrafliment of miftakes, is fairly to correct and amend them. It certainly is time that all doubts refpecting the public faith be removed, and that all queftions and differences between us and Great Britain be amicably and finally fettled. The states are informed of the reafons why his Britannick majelly ftill continues to occupy the frontier pofts, which by the treaty he agreed to evacuate; and we have the ftrongest affurances that an exact compliance with the treaty on our part fhall be followed by a punctual performance of it on the part of Great Britain. It is important that the feveral legiflatures fhould, as foon as poffible, take thefe matters into confideration; and we request the favour of you to tranfmit to us an authenticated copy of fuch acts, and proceedings of the legiflature of your ftate, as may take place on the fub ject, and in purfuance of this letter. By order of Congrefs, (Signed) ARTHUR St. CLAIR Prefident. States, in Congrefs affembled, that conftitution which has appeared to us the most advifeable. The friends of our country have long feen and defired, that the power of making war, peace, and treaties, that of levying money, and regulating commerce, and the correfpondent executive and judicial authorities, fhould be fully and effectually vefted in the general go. vernment of the union; but the impropriety of delegating fuch extenlive truft to one body of men is evident. Hence refults the neceffity of a different organization. It is obviously impracticable in the foederal government of these ftates, to fecure all rights of inde. pendent fovereignty to each, and yet provide for the intereft and fafety of all. Individuals, entering into a fociety, must give up a fhare of liberty to preferve the rest. The magnitude of the facrifice muft depend as well on fituation and circumftance, as on the object to be obtained. It is at all times difficult to draw with precision the line between thofe rights that must be furrendered, and thofe which may be referved; and, on the prefent occafion, this difficulty was increafed by a difference among the feveral ftates, as to their fituation, extent, habits, and particular interests. In all our deliberations on this fubject, we kept fteadily in our view that which appears to us the greatest intereft of every true Americanthe confolidation of our union, in which is involved our profperity, felicity, fafety, perhaps our national existence. This important confideration, feriously and deeply impreffed on our minds, led each state in the convention to be lefs rigid on points of inferior magnitude than might have been otherwise expected; and thus the conftitution, which we now prefent, is the refult of a fpirit of amity, and of that mutual deference and conceffion which the peculiarity of our political fituation rendered indifpenfable. That it will meet the full and entire approbation of every ftate, is not perhaps to be expected; but each will doubtless confider, that, had her interests been alone confulted, the confequences might have been particularly difagreeable or injurious to others; that it is liable to as few exceptions as could reafonably have been expected, we hope and believe; and that it may promote the lafting welfare of that country, fo dear to us all, and fecure her freedom and happiness, is our most ardent wish. With great refpect, We have the honour to be, Your Excellency's most Obedient and humble fervants, GEGRGE WASHINGTON, Prefident. By unanimous order of the Convention. [To his Excellency the Prefident of Congress.] WE, the people of the United States, in order to form a more perfect union, establish juftice, infure domeftic tranquillity, provide for the common defence, promote the general welfare, and fecure the bleflings of liberty to ourfelves and our pofterity, do ordain and eftablifh this conftitution for the United States of America. ARTICLE I. Sect. 1. All legislative powers herein granted fhall be vested in a congrefs of the United States; which fhall confift of a fenate and house of reprefentatives. Sect. 2. The houfe of reprefentatives fhall be compofed of members chofen, every fecond year, by the people of the feveral ftates; and the electors in each ftate fhall have the qualifications requifite for elec tors tors of the most numerous branch of the ftate legislature. No perfon fhall be a reprefentative who shall not have attained to the age of twenty-five years, and been leven years a citizen of the United States, and who fhall not when elected be an inhabitant of that state in which he shall be chofen. Representatives and direct taxes fhall be apportioned among the feveral states which may be included within this union, according to their refpective numbers, which fhall be determined by adding to the whole number of free perfons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all perfons. The actual enumeration fhall be made within three years after the first meeting of the congrefs of the United States, and within every fubfequent term of ten years, in fuch manner as they fhall by law direct. The number of reprefentatives fhall not exceed one for every thirty thousand, but each state fhall have at least one reprefentative; and until fuch enumeration fhall be made, the state of New Hampshire fhall be entitled to chufe three, Maflachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York fix, New Jerfey four, Pennfylvania. eight, Delaware one, Maryland fix, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen to the reprefentation from any ftate, the executive authority thereof fhall iffue writs of election to fill fuch vacancies. The houfe of reprefentatives fhall chufe their speaker and other officers; and fhall have the fole power of impeachment, Sect. 3. The fenate of the United States fhall be compofed of two fenators from each ftate, chofen by the legiflature thereof, for fix years; and each fenator fhall have one vote. affembled in confequence of the Immediately after they fhall be first election, they fhall be divided, claffes. The feats of the fenators as nearly as may be, into three of the first class fhall be vacated at the expiration of the fecond year; of the fecond clafs, at the expiration of the fourth year; and of the third clafs, at the expiration of the fixth year; fo that one-third may be chofen every fecond year; and if otherwife, during the recefs of the vacancies happen by refignation, or legiflature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature which fhall then fill fuch vacancies. fhall not have attained to the age States fhall be prefident of the fe- The fenate fall chufe their other officers, and alfo a prefident pro power to try all impeachments. When the prefident of the United two-thirds of the members prefent. Judgement in cafes of impeachment shall not extend further than to removal from office, and difqualification to hold and enjoy any office of honour, truft, or profit, under the United States; but the party convicted fhall nevertheless be liable and fubject to indictment, trial, judgement, and punishment, according to law. Sect. 4. The times, places, and manner of holding elections for fenators and reprefentatives, fhall be prefcribed in each ftate by the legiflature thereof; but the congrefs may at any time by law make or alter fuch regulations, except as to the places of chuting Senators. The congrefs fall affemble at least once in every year, and fuch meeting fhall be on the first Monday in December, unless they fhall by law appoint a different day. Sect. 5. Each houfe fall be the judge of the clections, returns, and qualifications of its own members, and a majority of each thall conttitute a quorum to do business; but a fmaller number may adjourn from day to day, and may be authorifed to compel the attendance of abfent members, in fuch manner, and under fuch penalties, as each houfe may provide. Each houfe may determine the rules of its proceedings, punish its members for diforderly behaviour, and, with the concurrence of two thirds, expel a member. Each houfe fhall keep a journal of its proceedings, and from time to time publish the fame, excepting fuch parts as may in their judgement require fecrecy; and the yeas and nays of the members of either houfe on any queftion fhail, at the defire of one-fifth of thofe prefent, be entered on the journal. Neither houfe, during the feffion of congrefs, fhall, without the confent of the other, adjourn for more than three days, nor to any other place than that in which the two houfes fhall be fitting. Sect. 6. The fenators and reprefentatives fhall receive a compenfation for their fervices, to be afcertained by law, and paid out of the treafury of the United States. They fhall in all cafes, except treason, felony, and breach of the peace, be privileged from arreft during their attendance at the feffion of their refpective houses, and in going to and returning from the fame; and for any fpeech or debate in either houfe, they fhall not be queftioned in any other place. No fenator or reprefentative fhall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which fhall have been created, or the emolument whereof fhall have been increased during foch time; and no perfon, holding any office under the United States, fhall be a member of either houfe during his continuance in office. Sect. 7. All bills for raifing revenue fall originate in the houfe of reprefentatives; but the fenate may propofe or concur with amendments, as on other bills. Every bill which shall have paffed the houfe of reprefentatives and the fenate fhall, before it become a law, be prefented to the prefident of the United States: if he approve, he fhall fign it; but, if not, he fla!l return it with his objections to that houfe in which it thall have originated, who fhall enter the objections at large on their journal, and proceed to reconfider it. If, after fuch reconfideration, two-thirds of that houfe fhall agree to pass the bill, it fhall be fent, together with the objections, |