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U.S. Constitution ~Sept 17


On September 17, 1787, members of the Constitutional Convention signed the final draft of the Constitution. Two days earlier, when a final vote was called, Edmund Randolph called for another convention to carefully review the Constitution as it stood. This motion, supported by George Mason and Elbridge Gerry, was voted down and the Constitution was adopted.

James Madison, later known as the “Father of our Constitution,” was among the most influential delegates at the Constitutional Convention. His notes form the largest single source of materials for Farrand’s Records, one of several collections in A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875.

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.

Preamble to the Constitution of the United States of America

James Madison, fourth President of the United States. Gilbert Stuart, artist; Pendleton’s Lithography, circa 1828. Popular Graphic Arts. Prints & Photographs Division

The product of four months of secret debate, the Constitution replaced the Articles of Confederation and proposed an entirely new form of government.

Adopted by the Continental Congress in 1777, but not ratified by the states until 1781, the Articles of Confederation created a loose confederation of sovereign states and a weak central government. With the passage of time, the defects in the Articles of Confederation became apparent. The Continental Congress commanded little respect and no support from state governments anxious to maintain their power. Congress could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states.

Events such as Shays’ Rebellion, an armed uprising by debt-ridden farmers in western Massachusetts in 1786 and early 1787, exposed the weaknesses of the federal government and galvanized calls for revising the Articles of Confederation.

In an effort to deal with problems of interstate commerce, a convention in Annapolis was held in September 1786.  Led by James Madison and Alexander Hamilton, the delegates at the Annapolis Convention issued a proposal for a new convention to revise the Articles of Confederation.

On February 21, 1787, the Continental Congress called for a national convention to meet in Philadelphia to revise the Articles of Confederation. By May 25, the state delegates had reached a quorum and the Constitutional Convention officially began. George Washington was selected unanimously as president of the Convention.

From the outset, delegates clashed over issues of state sovereignty while small and large states battled over the distribution of power. Fears of creating a too powerful central authority ran high. The Convention tackled basic issues including the essential structure of the government, the basis of representation, and the regulation of interstate trade. As he submitted the Constitution to the Continental Congress, George Washington acknowledged the difficult task the Convention faced:

George Washington, first president of the United States. Gilbert Stuart, artist; Pendleton’s Lithography, circa 1828. Popular Graphic Arts. Prints & Photographs Division

It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be preserved; and, on the present occasion, the difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests…thus, the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession, which the peculiarity of our political situation rendered indispensable.

Letter from George Washington to the Confederation Congress, accompanying the Constitution, September 17, 1787.
Annals of CongressA Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Although the Constitutional Convention met for the last time on September 17, 1787, public debate over the Constitution was just beginning. The Constitution specified that at least nine states ratify the new form of government, but everyone hoped for nearly unanimous approval. As the states called their own ratifying conventions, arguments for and against the document resurfaced. Writing under the pseudonym Publius, Alexander Hamilton, James Madison, and John Jay defended the proposed plan in a series of newspaper articles, later collected as the Federalist Papers.

The Constitution was officially adopted by the United States when it was ratified by New Hampshire on June 21, 1788, the ninth state to do so. The first Congress under the new Constitution convened in New York City on March 4, 1789, although a quorum was not achieved until early April. On April 30, 1789, President George Washington delivered the first inaugural address, and within his initial term the first ten amendments—known as the Bill of Rights—were adopted, establishing the fundamental rights of U.S. citizens and assuaging many fears associated with the relatively strong central government the Constitution provides.

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The Battle of Antietam

In the days leading up to the Battle of Antietam, Confederate General Robert E. Lee concentrated his invading army outside Sharpsburg, Maryland. Victorious at Manassas in August, Lee’s Army of Northern Virginia hoped to garner new recruits and supplies in Maryland, a slave-holding state that remained in the Union. However, Union General George B. McClellan who closely pursued his rival enjoyed a strategic advantage. A scout had discovered a copy of the Confederate battle plan and the contents of Lee’s Special Order Number 191 were well known to his rival.

At dawn on September 17, 1862 the hills of Sharpsburg thundered with artillery and musket fire as the Northern and Southern armies struggled for possession of the Miller farm cornfield. For three hours, the battle lines swept back and forth across the field.

Of all the days on all the fields where American soldiers have fought, the most terrible by almost any measure was September 17, 1862. The battle waged on that date, close by Antietam Creek at Sharpsburg in western Maryland, took a human toll never exceeded on any other single day in the nation’s history. So intense and sustained was the violence, a man recalled, that for a moment in his mind’s eye the very landscape around him turned red.

Stephen W. Sears. Landscape Turned Red: The Battle of Antietam. New Haven: Ticknor & Fields, 1983

[Antietam, Md. Battlefield on the Day of the Battle]. Alexander Gardner, photographer, September 17, 1862. Civil War Glass Negatives and Related Prints. Prints & Photographs Division

By mid-morning, the Confederate line was established along a country lane called Sunken Road. The soldiers crouched behind its high banks, unleashing heavy fire upon advancing Union troops. Eventually, the overwhelming number of Northerners broke the Confederate line. As the Southerners spun to defend their position, Union troops rained bullets lengthwise down the lane onto them. The road came to be known as Bloody Lane because of the tragic toll of death suffered there.

The Southerners retreated towards Sharpsburg, covered by cannon fire from General Stonewall Jackson’s artillery. The Union troops fell back in the face of the cannon fire and failed to pursue the Confederates.

Antietam, Md. Confederate Dead by a Fence on the Hagerstown Road. Alexander Gardner, photographer, September 1862. Civil War Glass Negatives and Related Prints. Prints & Photographs Division

Cautious to a fault, McClellan failed to advance quickly on the Confederates who had reached the town. Eventually, General Ambrose Burnside attacked, but was repelled by the ragged Southerners and newly arrived troops under Major General A. P. Hill.

Letter, Mary Todd Lincoln to Abraham Lincoln advising her husband to remove the hesitant Gen. George B. McClellan from command, 2 November [1862]. Page 1 of letter.

Your name is on every lip and many prayers and good wishes are hourly sent up for your welfare — and McClellan and his slowness are as vehemently discussed…All the distinguished in the land…would almost worship you if you would put a fighting general in the place of McClellan…

Letter, Mary Todd Lincoln to Abraham Lincoln…., 2 November [1862]Words and Deeds in American History: Selected Documents Celebrating the Manuscript Division’s First 100 Years. Manuscript Division

By nightfall, Confederates occupied the town of Sharpsburg ending the single bloodiest day in American history. More than 23,000 men were killed, wounded, or missing in action. The next day, Lee began his retreat across the Potomac River.

Keedysville, Md., vicinity. Confederate Wounded at Smith’s Barn, with Dr. Anson Hurd, 14th Indiana Volunteers, in attendance. Alexander Gardner, photographer, September 1862. Civil War Glass Negatives and Related Prints. Prints & Photographs Division

The Thomas Biggs Harned Collection of Walt Whitman Papers includes Whitman’s Hospital Notebook; the poet describes a barn and farmhouse used as a field hospital. Whitman’s 1862 Notebook provides an account of the fight for the bridge at Antietam.

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Search the digital collections on Antietam to locate additional documents and photographs:

Signed in convention September 17, 1787. Ratified June 21, 1788. Portions of Article II, Section 1, were changed by the 12th Amendment and the 25th Amendment


 

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 Offenses 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.

Resource: constitutioncenter.org

September 16 ~ History


 

1620 – The Mayflower departed from Plymouth, England. The ship arrived at Provincetown, MA, on November 21st and then at Plymouth, MA, on December 26th. There were 102 passengers on board.

1893 – The “Cherokee Strip” in Oklahoma was swarmed by hundreds of thousands of settlers.

1990 – An eight-minute videotape of an address by U.S. President George H.W. Bush was shown on Iraqi television. The message warned that action of Saddam Hussein could plunge them into a war “against the world.”

1994 – Exxon Corporation was ordered by federal jury to pay $5 billion in punitive damages to the people harmed by the 1989 Exxon Valdez spill.

1994 – Two astronauts from the space shuttle Discovery went on the first untethered spacewalk in 10 years.