George Washington's Annotated Copy of a Draft of the U.S. Constitution

We the People of the States of New-Hampshire, Massachusetts,
Rhode-Island and Providence Plantations,
Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina,
South Carolina, and Georgia, do ordain, declare,
and establish the following Constitution for
Government of Ourselves and our Posterity.

Article I.
The stile of this Government shall be, “The United States of America”

II.
The Government shall consist of supreme legislative, executive, and judicial powers.

III.
The legislative power shall be vested in a Congress, to consist of two separate
and distinct bodies of men, a House of Representatives, and a Senate; [strikethrough] each of which shall in all cases, have anegative on the other. The Legislature shall meet on the first Monday in December in every year. [/strikethrough] [manuscript]
* The Legislature shall meet at least once in every year and that meetings shall be on the first Monday in December unless a different day that be appointed by Law. [/manuscript]

IV.
Sect. 1. The Members of the House of Representatives shall be chosen every second year, by the people of the several States comprehended within this Union. The qualifications of the electors shall be the same, from time to time, as those of the electors in the several States, of the most numerous branch of their own legislatures.
Sect. 2. Every Member of the House of Representatives shall be of the age of twenty-five years at least; shall have been a citizen of the United States for at least seven years before his election; and shall be, at the time of his election an inhabitant of the State in which he shall be chosen.
Sect. 3 The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner herein after described, consist of fifty-five Members, of whom three shall be chosen in New-Hampshire, eight in Massachusetts. one in Rhode Island and Providence Plantations, five in Connecticut, six in New-York, four in New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North Carolina, five in South Carolina, and three in Georgia.
Sect. 4. As the proportions of numbers in the different States will alter from time to time; as some of the States may hereafter be divided; as others may be enlarged by addition of territory; as two or more States may be united; as new States will be erected within the limits of the United States, the Legislature shall, in each of these cases, regulate the number of representatives by the number of inhabitants, according to the [illegible] the rate of one for every forty thousand. [in manuscript] Provided that every state shall have at least one representative. [/manuscript]
[Left margin in manuscript; [illegible] reconsidered and struck out] Sect. 5. Al bills for raising or appropriating money, and for fixing the salaries of the officers of government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public Treasury, but in pursuance of appropriations that shall originate in the House of Representatives.
Sect. 6. The House of Representatives shall have the sole power of impeachment. It shall choose its Speaker and other officers.
Sect. 7. Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the State, in the representation from which they shall happen. V.

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[manuscript] seminar following by subsequent to itself on jurisdiction in effective many. The Constitution by the legislation of this State in the … of which States … shall.. or by the Election thereof …. of the legislature. [/manuscript]

V.
Sect. 1. The Senate of the United States shall be chosen by the Legislatures of the several States. Each legislature shall chose two members. Vacancies many be supplied by the Executive until the next meeting of the Legislature. Each member shall have one vote.

[ … in congressional of]
Sect. 2. The Senators shall be chosen for six years; but immediately after the first election they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two and three. The seats of the members 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, of the third class at the expiration of the fifth year, so that a third part of the members may be chosen every second year.

Sect. 3. Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen of the United States for at least seven years before his election; and shall be, at the time of his election, [ a legislator] of the State for which he shall be chosen.

agreed
Sect. 4. The Senate shall chose its own President and other officers.

VI.

agreed
Sect. 1. The times and places and the manner of holding the elections of the members of each House shall be prescribed by the Legislature of each State; but [message of a regulation be same of the preceding stance] may, at any time, be [ amend or] altered by the Legislature of the United States.

disagree to
Sect. 2. The Legislature of the United States shall have authority to establish such uniform qualifications of the members of each house, with regard to property, as to the said Legislature shall seem expedient.

[agreed by Legislation to complete the …]
Sect. 3. In each House a majority of the members shall constitute a quorum to do business; but a smaller number may adjourn from day to day.

agreed
Sect. 4.
Each House shall be the judge of the elections, returns and qualifications of its own members.

agreed
Sect. 5.
Freedom of speech and debate in the Legislature shall not be impeached or questioned in any court or place out of the Legislature; and the members of each House shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at Congress, and in going to and returning from it.

agreed
Sect.6.
Each House may determine the rules of its proceedings; may punish its members for disorderly behavior; any may expel a member.

agreed
Sect. 7.
The House of Representatives, and the Senate, shall keep a journal of their proceedings, and shall, from time to time, publish them: and the yeas and nays of the members of each House, on any question, shall, at the desire of one-fifth part of the members present, be entered on the journal. [Enough … States thereof as in the State judgement…]

[By the … agreed]
Sect. 8. Neither House, without the consent of the other, shall adjourn for more than three days nor to any other place than that at which the two Houses are fitting.

Sect. 9. The members of each House shall be ineligible to, and incapable of holding any office under the authority of the United States, during the time for which they shall respectively be elected: and the members of the Senate shall be ineligible to, and incapable of holding any such office for one year afterwards.

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Sect. 10. The members of each House shall receive a compensation for their
services [crossed out] to be ascertained and paid by the State, in which they shall be
chosen. [/crossed out] [handwritten] to be paid out of the Treasury of the United States;
[handwritten] to be accertained by law.

Sect. 11. The enacting stile of the laws of the United States shall be, “Be
it enacted, [crossed out] and it is hereby enacted by the House of Representatives, and by [/crossed out] [handwritten] by the Senate and Representatives
[crossed out] the Senate of the United States, [/crossed out] in Congress Assembled.

[handwritten] Aug. 15 – [illegible]

{Sect. 12. Each House shall possess the right of originating bills, [crossed out] except in
{[crossed out] the cases beforementioned.

Sect. 13. Every bill, which shall have passed the House of Representatives and
the Senate, shall, before it becomes a law, be presented to the President of the
United States, for his revision : if, upon such revision, he approve of it, he shall
signify his approbation by signing it : But if, upon such revision, it shall appear
to him improper for being passed into a law, he shall return it, together with his
objections against it, to that House in which it shall have originated, who shall
enter the objections at large on their Journal, and proceed to reconsider the bill.
But if, after such reconsideration [redacted] [illegible handwriting] of that House shall, notwithstand-
ing the objections of the President, agree to pass it, it shall, together with his
objections, be sent to the other House, by which it shall likewise be reconsider-
ed, and, if approved by [redacted] [handwritten] three fourths [/handwritten] of the other House also, 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 or against the bill
shall be entered in the Journal of each House respectively. If any bill shall not
be returned by the President within [redacted] [handwritten] last day Congress assembled [/handwritten] after it shall have been pre-
sented to him, it shall be a law, unless the Legislature, by their adjournment,
prevent its return; in which case it shall not be a law. [illegible handwritten]

[handwriting] agreed – –

14. Section. [illegible] resolution
or vote, to which the concurrence of the
Senate and House of representatives may
be neccssary (except on a question of
[illegible] and in the cases herein
after mentioned) shall be [illegible]
to the President for his [illegible]
and, before the same shall have force,
shall be approved by him or, being
disapproved by him, shall be [illegible]
by the Senate and House of representatives
seconding to the rules and disputation,
exercised in the case of a Bill.

VII

Sect. I. The Legislature [redacted] [handwritten] shall [illegible] this a gape to discharge the [illegible] of the United States [/handwriting] shall have the power to lay
and collect taxes, duties, imposts and excises ;
To regulate commerce with foreign nations, and among the several States;
To establish a uniform rule of naturalization throughout the United States;
To coin money;
To fix the standard of weights and measures;
To establish post-offices; [handwritten] & Post Roads
To borrow money [redacted] on the credit of the United States;
To appoint a Treasurer by ballot;
To constitute tribunals inferior to the supreme court;
To make rules concerning captures on land and water;
To [redacted] [handwritten] define & punish [/handwritten] piracies and felonies committed
on the high seas; [redacted] [handwritten To[/handwritten] punish [redacted] conterfeiting the coin of the United [illegible handwriting]
States, and [redacted] offences against the law of nations;
[handwritten] disagreed [/handwritten] To subdue a rebellion in any State, [handwritten] against the government thereof [/handwritten] on the application of its Legislature; [handwritten] or without
To [redacted] war
To raise armies; [handwritten] and support
To [redacted] fleets; [handwritten] build and maintain
To [redacted] the militia, [redacted] to execute the laws of the Uni- [handwritten] [illegible] for the government and regulation of the land not [illegible] from [drawing of a pointing hand]
on, [redacted] suppress insurrections, and repel invasions; [illegible handwriting]
[handwritten] Post[illegible] agreed & h.q. any

[handwritten] Agreed [/handwritten] And to make all laws that shall be necessary and proper for carrying into exe-
cution the foregoing powers, and all other powers vested, by this Constitution,
in the government of the United States, or in any department or offices thereof.

Sect. 3. Treason [redacted] [handwritten] against [redacted] [/handwritten] shall consist only [redacted] levying
war against [redacted] [handwritten] them or [/handwritten] in adhering to the enemies [redacted]
[handwritten] Agreed – [/handwritten] [redacted] [illegible handwriting] The Legislature [redacted] shall
have power to declare the punishment of treason. No person shall be con-
victed

[drawing of pointing hand] [handwritten] To make laws for organising,
arming, and disciplining the militia
and for governing each 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 the United State: To establish uniform laws on the subject of [illegible]

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[Handwritten in margin: illegible]

[Handwritten: agreed]-victed of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of blood, not forfeiture, except during the life of the person attainted.

[Handwritten: agreed] Sect. 3. The proportions of direct taxation shall be regulated by the whole number of free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, (except Indians not paying taxes) which number shall, within [struck out: illegible] years after the first meeting of the Legislature, and within the term of every ten years afterwards, be taken in such manner as the said Legislature shall direct.

[Handwritten: Referred to a committee] Sect. 4. No tax or duty shall be laid by the Legislature on articles exported from any State; [struck out: illegible]

[Handwritten: Referred to a committee] Sect. 5. No capitation tax shall be laid, unless in proportion to the census herein before directed to be taken.

[Handwritten: Struck out Aug. 29th] Sect. 6. No navigation act shall be passed without the assent of two-thirds of the members present in each House.

[Handwritten: agreed] Sect. 7. The United States shall not grant any title of nobility.

VIII

[Handwritten: agreed] [Struck out: handwritten insert (This Constitution & the Laws of)] the United States made in pursuance [handwritten insertion: thereof] [stricken] and all treaties made [handwritten insert: or which shall be made] under the authority of the United States shall be the supreme law of the several states, and of their citizens and inhabitants; and the judges in the several States shall be bound thereby in their decisions; any thing in the constitutions and laws of the several States to the contrary notwithstanding.

VIIII

[Handwritten: postponed] Sect. 1. The Senate of the United States shall have the power to make treaties, and to appoint ambassadors, [handwritten insert: illegible] and judges to the Supreme Court.

[Handwritten: Struck out] Sect. 2. In all disputes and controversies now subsisting, or that may hereafter subsist between two or more States, respecting jurisdiction or territory, the Senate shall possess the following powers. Whenever the Legislature, or the Executive authority, or the lawful agent of any State, in controversy with another, shall, by memorial to the Senate, state the matter in question, and apply for a hearing; notice of such memorial and application shall be given, by order of the Senate, to the Legislature or Executive authority of the other State in controversy. The Senate shall also assign a day for the appearance of the parties, by their agents, before that House. The agents shall be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question. But if the agents cannot agree, the Senate shall name three persons out of each of the several States, and from the list of such persons each party shall alternately strike out one, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as the Senate shall direct, shall, in the preference, be drawn out by lot; and the persons, whose names shall be so drawn, or any five of them shall be commissioners or judges to hear and finally determine the controversy; provided a majority of the judges, who shall hear the case, agree in determination. If either party shall neglect to attend at the day assigned, without shewing sufficient reasons for not attending, or, being present, shall refuse to strike, the Senate shall proceed to nominate three persons out of each State, and the clerk of the Senate shall strike in behalf of the party absent or refusing. If any of the parties shall refuse to submit to the authority of such court; or shall not appear to prosecute or defend their claim or

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[Handwritten: Stricken out] or cause, the court shall nevertheless proceed to pronounce judgement. The judgement shall be final an conclusive. The proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public records for the security of the parties concerned. Every committee shall, before he sit in judgement, take an oath, to be administered by one of the judges of the Supreme of Superior court of the State where the cause shall be tried, “well” and truly to hear and determine the matter in question, according to the “best of his judgement, without favor, affection or hope of reward.”

[Handwritten: Stricken out] Sect. 3. All controversies concerning lands claimed under different grants of two or more States, whose jurisdictions, as they respect such lands, shall have been decided or adjusted subsequent to such grants, or any of them, shall on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different States.

X
Sect. 1. The Executive Power of the United States shall be vested in a single person. His title shall be, “The President of the United States of America” and his title shall be “His Excellency.” He shall be elected by [joint (this is handwritten)] ballet by the Legislature. [Notation in margin: ___ which election a majority of the votes of the members present shall be required] He shall hold his office during the term of seven years; but shall not be elected a second time.

Sect 2. He shall, from time to time, give [inserted – to the Legislature] of the State of the Union: [inserted: and] recommend to their consideration such measures as he shall judge necessary, and expedient: he may convene them on extraordinary occasions. [insert – and] In case of disagreement between the two Houses, with regard to the time of adjournment, he may adjourn them to such time as he [insert – shall] think proper: he shall take care that the laws of the United States be duly and faithfully executed: he shall commission all the officers of the United States; and shall appoint [to offices] in all cases not otherwise provided for by this constitution. He shall receive Ambassadors [there is a handwritten insertion which is illegible]. He shall have power to give reprieves and pardons: [there is a handwritten insertion which is illegible]. He shall be commander in Chief of the Army and Navy of the United States and of the Militia of the several States. He shall, at stated times, receive for his services, a compensation, which shall neither be encreased(original spelling) of diminished during his continuance in office. Before he shall enter on the duties of his department, he shall take the following Oath or Affirmation, ” I ____ solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States of America, [there is a handwritten insertion which is illegible] He shall be removed from his office o impeachment by the House of Representatives, and conviction in the Supreme Court, of treason, bribery, or corruption. In case of his removal as aforesaid, death, resignation, or disability to discharge the powers and duties of his office, the President of the Senate shall exercise these powers and duties until another President of the United States be chosen, or until the disability of the President be removed.

XI

[Handwritten: agreed] Sect 1. The Judicial Power of the United States [insert – both in law & equity] shall be vested in one Supreme Court, and in such Inferior Courts as shall, when necessary, from time to time, be constituted by the Legislature of the United States.
Sect 2. The Judges of the Supreme Court, and of the Inferior Courts, shall hold their offices during good behaviour (original spelling in document). They shall, at stated times, receive for their services,a compensation, which shall not not be diminished during their continuance in office.

Sect. 3 The jurisdiction of the Supreme Court[crossed out and judicial power inserted] shall extend [insertion – both in law and equity] to all cases arising under laws [there is a crossout of the words passed by the Legislature and insertion which is illegible] of the United States; to all cases affecting Ambassadors, other Public Ministers and Consuls; [an illegible insertion] to the trial of impeachment

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[Handwritten: illegible]-peachments of Officers of the United States; to all cases of Admiralty and Maritime Jurisdiction; to controversies between two or more States [handwritten insert: illegible] [struck out] between a State and citizens of another State, between citizens of different States, [handwritten insert: illegible] and between a State or the citizens thereof and foreign States, citizens or subjects. In cases of Impeachment, cases affecting Ambassadors, other Public Ministers and Consuls, and those in which a State shall be party [struck out] [handwritten insert: the Supreme Court shall have original jurisdiction]. In all the other cases beforementioned [struck out] [handwritten insert: illegible] with such exceptions and under such regulations as the Legislature shall make. [Remaining text of paragraph struck out].

[Handwritten: illegible] Sect. 4. [Struck out] [Handwritten insert: 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, then the trial shall be at such place or places as the Legislature may direct.- The privilege of the writ of habeas corpus shall not be suspended; except where in case of rebellion or insurrection the public safety may require it.]

[Handwritten: agreed] Sect. 5. Judgement, in cases of Impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit under the United States. But the party convicted shall nevertheless be liable and subject to indictment, trial, judgement and punishment, according to law.

XII

[Handwritten: agreed] No State shall coin money; [handwritten insert: illegible] nor grant letters of marque or reprisal; nor enter into any treaty, alliance, or confederation; nor grant any title of nobility.

XIII

[Handwritten: agreed] No State, without consent of the Legislature of the United States, shall [struck out] lay imports or duties on imports [handwritten insert: illegible]; nor keep troops or ships of war in time of peace; nor enter into any agreement or compact with another State, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent, as not to admit of a delay, until the Legislature of the United States can be consulted.

XIIII

[Handwritten: agreed] The citizens of each State shall be entitled to all privileges and immunities of citizens of the several States.

XIV

[Handwritten: agreed] Any person charged with treason, felony, or [struck out] [handwritten insert: illegible] in any State, who shall flee from justice, and shall be found in any other State, shall, on demand from the Executive Power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence. [Handwritten insert: If any person bound to service or labor in any of the United States shall escape into another State, he or she shall not be discharged from such service or labor in consequence of any regulations (illegible) in the State in which they (illegible); but shall be delivered up to the person justly claiming their services or labor.]

XVI

[Handwritten: Referred to the Com. (illegible) to be amended Sep. 23.] Full faith [handwritten insert: and credit] shall be given in each State to the [handwritten insert: illegible] [struck out] records and judicial proceedings of [struck out] every other State; [handwritten insert: and the Legislature may by general laws proscribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof.

XVII [Handwritten insert: See the margins]

[Struck out] [Handwritten insert: XVII New States may be admitted by the Legislature into this Union, but no new State shall be hereafter formed or erected (remainder illegible).]

[It appears that some of the original Roman numeral section numbers were revised by hand]

[7]

XVIII

[handwritten notation in margin: agreed] The United States shall guaranty to each State a Republican form of government; and shall protect each State against [stricken out: foreign] invasions, and on the application of its Legislature, [inserted, somewhat unclear: or of the executive] against domestic violence.

XVIIII

[handwritten notation in margin: agreed] On the application of the Legislatures of two thirds of the States in the Union, for an amendment to this Constitution, the Legislature of the United States shall call a Convention for that purpose.

XX

[handwritten notation in margin: agreed] The Members of the Legislatures, and the executive and judicial officers of the United States, and of the several States, shall be bound by oath [inserted: or affirmation] to support this Constitution.

XXI

[handwritten notation in margin: agreed] The ratification of the Convention of [inserted in blank space: nine] States shall be sufficient for organising this Constitution. [handwritten addition: between the said States.]

XXII

This Constitution shall be laid before the United States in Congress assembled, [stricken out: for their approbation]; and it is the opinion of this Convention that it should be afterwards submitted to a Convention chosen in each State, under the recommendation of its Legislature, in order to receive the ratification of such Convention.

XXIII

To introduce this government, it is the opinion of this Convention, that each assenting Convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the Convention of [inserted in blank space: nine] States, should appoint and publish a day, as early as may be, and appoint a place for commencing proceedings under this Constitution; that after such publication, the Legislatures of the several States should elect Members of the Senate, and direct the election of Members of the House of Representatives; and that the Members of the Legislature should meet at the time and place assigned by Congress, and should, as soon as may be, after their meeting, [stricken out: choose the President of the United States, and] proceed to execute this Constitution.