Constitutional Convention. 5/14/1787-9/17/1787 Constitution [First printing of second draft] [Committee of Style]
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Gilder Lehrman Collection #: GLC00819.02 Author/Creator: Constitutional Convention. 5/14/1787-9/17/1787 Place Written: Philadelphia, Pennsylvania Type: Document Date: 12 September 1787 Pagination: 4 p. ; 42.7 x 51.9 cm. Order a Copy
Second draft of the Constitution, by the Committee of Style, printed on recto of each leaf and tied (leaves 1-2 only) with a ribbon, uncut and unbound. With the notes of Pierce Butler. Originally bound with blue ribbon. Document has creasemarks along margin where it would have been folded along bindings. Printed by Dunlap and Claypoole. Folded measurements are 42.7 x 26.3 cm.
Notes: Included here are only those passages to which Butler made changes.
WE, the People of the United States, in order to form a more perfect union, [struck: to] establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
ARTICLE I.
Sect. 3. [. . . .] chosen by [inserted: Lott] the legislature thereof [. . . .] the Executive thereof may make temporary appointments until the next meeting of the Legislature, [inserted: which shall then fill such Vacancies.] [. . . .] The Vice-President of the United States shall be, [struck: ex-officio,] President of the Senate [. . . .] When fitting for that purpose, they shall be on oath [inserted: or affirmation.]
Sect. 4. [. . . .] but the Congress may at any time by law make or alter such regulations [inserted: except as to the place of choosing Senators.] [2]
Sect 7. [. . . .] or being disapproved by him, shall be repassed by [struck: three-fourths] [inserted: two-thirds]
Sect. 8. The Congress [struck: may by joint ballot appoint a treasurer. They] shall have power To lay and collect taxes [. . . .]general welfare of the United States, [inserted: But all Duties Imports & Excises shall be uniform throughout the United States.] To regulate commerce with foreign nations [inserted: and] among the several states [. . . .]
Sect. 9. The migration or importation of such persons as [inserted: any of the] states now existing [. . . .] No bill of attainder shall be passed, [struck: nor any] ex post facto law [inserted: or Ennumeration [sic] shall be prop'sed] No capitation tax [inserted: or other direct tax] shall be laid [. . . .] No tax or duty shall be laid on articles exported from any state [inserted: No preference shall be given by any regulation of Commerce or Revenue to the Parts 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 [inserted: and a regular statement and acct. of the rated expenditures of all public money shall be published from time to time.] [. . . .] or grant any title of nobility. [inserted: No State shall Enter into any Treaty, alliance or Confederation, Grant letters of Marque or refusal, Coin money, Emit Bills of Credit, make anything but Gold and Silver Coin or under in payment of Debts, pass any Bill of attainder ex post facto laws or law Impairing the obligation of Contracts or grant any Title of Nobility.] [3]
[inserted: No State shall without the Consent of Congress lay any Imposts or duties on Imports or Exports except what may be absolutely necessary for Executing Its inspection Laws and the Net produce of all {struck: such} duties lay'd by any State {inserted: on Imports or Exports} will be per the use of the Treasury of the US--And all such Laws shall be subject to the Revision and Contract of Congress provided that no State shall be restrained from imposing the usual duties on produce exported from such State for the sole purpose of defraying the Charges of Inspecting, packing, storing and {illegible} the taxes on such produce while in the Custody of publick [sic] officers In case such regulations shall in Case of abuse be subject to the revision and Control of Congress.] [inserted: No State shall without the consent of Congress] keep troops or ships [. . . .] unless it shall be actually invaded [struck: by enemies] [struck: or the danger of invasion be so] [inserted: or such imminent danger as will] not admit of delay until Congress can be consulted.
II
Sect. 1. [. . . .] chosen for the same term, be elected [struck: in the following manner] [inserted: as follows]: [. . . .]but no senator or representative [struck: shall be appointed an elector, nor any], person holding any office of trust or profit under the United States [inserted: shall be appointed an Elector.] [. . . .] the votes shall be taken by states [struck: and not per capita] [. . . .] after the choice of the president [struck: by the representatives], the person having the greatest number [. . . .] The Congress may determine the time of chusing [sic] the electors, and the [struck: time in] [inserted: day on] which they shall give their votes; [struck: but the election] [inserted: which day] shall be [struck: on] the same [struck: day] throughout the United States [. . . .] such officer shall act accordingly, until the disability be removed, or [struck: the period for chusing another president arrive] [inserted: a president shall be Elected.] The president shall, at stated times, receive a [struck: fixed compensation] [inserted: a Compensation] for his services [. . . .] shall have been elected [inserted: and he shall not receive within that period any other reimbursement from the United States or any of them.]
Sect. 2. [. . . .] whose appointments are not herein otherwise provided for, [inserted: 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 Court of Law or in the Heads of Departments.] [. . . .]
III.
Sect. 1. The judicial power of the United States, [struck: both in law and equity] shall be vested in one supreme court [. . . .]
Sect. 2. The judicial power shall extend to all cases, [struck: both] in law and equity [. . .]
IV.
Sect. 2. [. . . .] No person [struck: legally] held to service or labour in one state, [inserted: under the Law thereof,] escaping into another, shall in consequence [inserted: of any Law] or regulation [struck: subsisting] therein be discharged from such service [. . . .]
Sect. 4. [. . . .] and on application of the legislature or [inserted: of the] executive, [inserted: when the Legislature can't be convened] against domestic violence.
V.
The Congress, whenever two-thirds of both houses shall deem necessary, or on the application [inserted: of the Legislature] of two-thirds [struck: of the legislatures] of the several states, shall propose amendments to this constitution, which [inserted: in either case] shall be valid to all intents [. . .] the same shall have been ratified by [struck: three-fourths at least of ] the legislatures or [inserted: three-fourths of ] the several states, [. . . .] Provided that no amendment which may be made prior to the year 1808 shall in any manner affect [inserted: say the 1st and 4th Clauses of the 9th Section of the first Article. No State without its consent shall be deprived of suffrage in the Senate.]
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