UNIVERSITY OF CALIFORNIA 
 AT LOS ANGELES
 
 HISTORICAL RELICS 
 
 OF 
 
 GEORGE WASHINGTON 
 
 INHERITED AND COLLECTED BY 
 
 ORIGINAL LETTERS AND DOCUMENTS 
 
 OF GEORGE MASON AND OTHERS ON THE 
 FORMATION OF THE CONSTITUTION 
 
 THE ANDERSON GALLERIES 
 
 NEW YORK
 
 PORTRAIT OF MARY BALL WASHINGTON 
 
 THE MOTHER OF PRESIDENT WASHINGTON 
 
 PAINTED BY ROBERT EDGE PINE 
 
 [ Number 72 ]
 
 HISTORICAL RELICS OF 
 
 GEORGE WASHINGTON 
 
 INHERITED AND COLLECTED BY 
 
 MR. WILLIAM LANIER WASHINGTON 
 ORIGINAL LETTERS AND DOCUMENTS 
 
 BY GEORGE MASON AND OTHERS ON THE 
 
 FORMATION OF THE CONSTITUTION 
 
 ORIGINAL UNPUBLISHED DIARY OF JAMES McHENRY 
 MEMBER OF THE CONSTITUTIONAL CONVENTION AND 
 A MINIATURE OF WASHINGTON PAINTED BY BIRCH 
 
 TO BE SOLD 
 THURSDAY EVENING, APRIL 19, 1917 
 
 BEGINNING AT 8:15 O'CLOCK 
 On Public Exhibition from Thursday, April I2th 
 
 THE ANDERSON GALLERIES 
 
 MADISON AVENUE AT FORTIETH STREET 
 NEW YORK
 
 CONDITIONS OF SALE 
 
 1. All bids to be PER LOT as numbered in the Catalogue. 
 
 2. The highest bidder to be the buyer; in all cases of disputed bids the lot shall be resold, 
 but the Auctioneer will use his judgment as to the good faith of all claims and his decision shall 
 be final. He also reserves the right to reject any fractional or nominal bid which in his judgment 
 may delay or injuriously affect the sale. 
 
 3. Buyers to give their names and addresses and to make such cash payments on account 
 as may be required, in default of which the lots purchased to be resold immediately. 
 
 4. The lots to be taken away at the buyer's expense and risk within twenty-four hours from 
 the conclusion of the sale, and the remainder of the purchase money to be absolutely paid on or 
 before delivery, in default of which The Anderson Galleries, Incorporated, will not be responsi- 
 ble if the lot or lots be lost, stolen, damaged, or destroyed, but they will be left at the sole risk 
 of the purchaser, and subject to storage charges. 
 
 5. To prevent inaccuracy in delivery, and inconvenience in the settlement of purchases, no 
 lot will be delivered during the sale. 
 
 6. All lots will be exposed for public exhibition in The Anderson Galleries before the date 
 of sale, for examination by intending purchasers, and The Anderson Galleries, Incorporated, 
 will not be responsible for the correctness of the description, authenticity, genuineness, or for 
 any defect or fault in or concerning any lot, and makes no warranty whatever, but will sell each 
 lot exactly as it is, WITHOUT RECOURSE. But upon receiving before the date of sale, expert 
 opinion in writing that any lot is not as represented, The Anderson Galleries, Incorporated, will 
 use every effort to furnish proof to the contrary, and in default of such proof the lot will be sold 
 subject to the declaration of the aforesaid expert, he being liable to the owner or owners thereof 
 for damage or injury occasioned by such declaration. 
 
 7. TERMS CASH. Upon failure to comply with the above conditions any sum deposited as 
 part payment shall be forfeited, and all such lots as remain uncleared after twenty-four hours from 
 the conclusion of the sale, will be resold by either private or public sale at such time as The 
 Anderson Galleries, Incorporated, shall determine, without further notice, and if any deficiency 
 arises from such resale it shall be made good by the defaulter at this sale together with all the 
 expenses incurred thereby. This condition shall be without prejudice to the right of The Ander- 
 son Galleries, Incorporated, to enforce the contract with the buyer, without such re-sale. 
 
 8. BIDS. We make no charge for executing orders for our customers and use all bids com- 
 petitively, buying at the lowest price permitted by other bids. 
 
 9. The Anderson Galleries, Incorporated, will afford every facility for the employment of 
 carriers and packers by the purchasers, but will not be responsible for any damage arising from 
 the acts of such carriers and packers. 
 
 Priced Copy of this Catalogue may be secured for $1.00 
 
 The Anderson Galleries 
 
 INCORPORATED 
 
 MADISON AVENUE AT FORTIETH STREET, NEW YORK 
 TELEPHONE, MURRAY HILL, 7680 
 
 SALES CONDUCTED BY MR. FREDERICK A. CHAPMAN
 
 E 
 
 HISTORICAL RELICS OF 
 
 GEORGE WASHINGTON 
 
 INHERITED AND COLLECTED BY 
 MR. WILLIAM LANIER WASHINGTON 
 
 203860
 
 INTRODUCTION 
 
 MR. WILLIAM LANIER WASHINGTON of New York, a direct 
 descendant of two of George Washington's brothers, and the heredi- 
 tary representative of General Washington in the Society of the 
 Cincinnati, has inherited through five family sources a remarkable collection 
 of the relics of Washington, which, with one exception, are now offered at 
 unrestricted public sale. It is the last collection in the possession of a member 
 of the Washington family that is likely to come on the market. Most of the 
 other inherited relics have been deposited permanently at Mount Vernon and 
 in other public institutions. 
 
 The Relics consist of articles of silver and tableware owned by General 
 Washington and used at Mount Vernon, snuff boxes, writing case, the sword- 
 belt buckle used to fasten the belt from which one of Washington's swords 
 depended during the War of the Revolution, shoe buckles, money scales and 
 weights, candlesticks, whist counters, reading glass, two silver Camp Cups 
 and a silver serving spoon used by Washington during the Revolution, Martha 
 Washington's teaspoon and money purse, the wedding ring of Washington's 
 mother, a magnificent portrait of Washington by Rembrandt Peale, the only 
 authentic portrait of Washington's mother, and other relics of the highest 
 interest and importance. 
 
 In the catalogue the Relics are divided into two parts, the first consisting 
 of those inherited by Mr. Washington through various branches of the 
 Washington family and the second of the Washingtoniana gathered from 
 other sources during the past thirty-five years by him and his father, the 
 late Major James Barroll Washington. Certificates of the authenticity of the 
 relics will be furnished to buyers on request. 
 
 Colonel William Augustine Washington, the great-great-grandfather of 
 Mr. William Lanier Washington, was the only son of Augustine Washington, 
 the eldest half-brother of General George Washington; he was the eldest of 
 Washington's nephews and was in closer association with him than any other 
 relative; he was consulted frequently on matters of business, and was the 
 first executor after Martha Washington named in General Washington's will: 
 
 EXTRACT 
 
 "Lastly I constitute and appoint my dearly deloved wife, Martha Washington, my nephews, 
 William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel 
 Washington and Lawrence Lewis and my ward, George Washington Parke Custis (when he shall 
 have arrived at the age of twenty years) Executrix and Executors of this Will and Testament." 
 
 By this will the first choice of the five swords bequeathed by General Wash- 
 ington was given to Colonel William Augustine Washington, and during Gen- 
 
 5
 
 eral Washington's lifetime he received from his uncle personal gifts, among 
 which were the two silver Camp Cups used by General Washington through- 
 out the War of the Revolution, which are now in this sale (Number 32). 
 
 Colonel William Augustine Washington married his half-cousin, Jane 
 Washington, the eldest child of Colonel John Augustine Washington, a younger 
 full brother of General Washington. She was the sister of Bushrod Washing- 
 ton, a Justice of the Supreme Court of the United States who inherited 
 Mount Vernon and General Washington's library and papers under General 
 Washington's will: 
 
 EXTRACT 
 
 "Item To my nephew, Bushrod Washington, I give and bequeath all the papers in my 
 possession which relate to my civil and military administration of the affairs of this Country; 
 I leave him also such of my private papers as are worth preserving, and at the decease of my 
 wife, and before, if she is not inclined to retain them, I give and bequeath my library of books 
 and pamphlets of every kind." 
 
 Lawrence Washington, who bequeathed Mount Vernon to his half-brother, 
 George Washington, did so with the suggestion that if George Washington 
 died without issue the estate should revert to the son of Lawrence Washing- 
 ton's full-brother, Augustine Washington, namely, Colonel William Augustine 
 Washington; but it is believed that General Washington disregarded the 
 suggestion and bequeathed Mount Vernon to his nephew, Justice Bushrod 
 Washington, because he was in less fortunate circumstances than Colonel 
 William Augustine Washington, who was a man of affairs and the owner of 
 four handsome estates. 
 
 Colonel George Corbin Washington (the great-grandfather of Mr. William 
 Lanier Washington) was the son of Colonel William Augustine Washington 
 and his wife, the above-mentioned Jane Washington. He inherited from his 
 father the sword of General Washington and many other relics of his great 
 uncle. 
 
 He also inherited from his uncle, Justice Bushrod Washington, who died 
 childless, all the books of General Washington's library, his papers, his pistols, 
 and the sword which his uncle had received through General Washington's 
 will, as is shown by the following paragraphs in Justice Bushrod Washington's 
 will: 
 
 "Thirteenth All the papers and letter books devised to me by my uncle, General Washing- 
 ton, as well as the books in my study, other than law books, I give to my nephew, George C. 
 Washington. 
 
 "Fourteenth The sword left to me by General Washington I give to the aforesaid George C. 
 Washington, under the same injunctions that it was bestowed to me." 
 
 Colonel George Corbin Washington had only one son who lived to matur- 
 ity, Colonel Lewis William Washington (the grandfather of Mr. William Lanier 
 Washington) who inherited from his father the greater portion of the relics of
 
 General Washington that he had received through three direct family sources, 
 namely, through his father, Colonel William Augustine Washington; through 
 his mother, Jane Washington (daughter of General Washington's full-brother), 
 and through his uncle, Justice Bushrod Washington. 
 
 When Colonel George Corbin Washington's brother Bushrod Washington 
 (a nephew of Justice Bushrod Washington) died he left a young daughter, 
 Frances Washington, whom George Corbin Washington took into his family 
 and to whom he subsequently gave several relics of General Washington. The 
 remainder he left to his only son, Lewis William Washington, as appears by 
 these extracts from his will: 
 
 "Item I give to my son, Lewis W. Washington, all my papers other than those relating to my 
 private business. . . . I also give to my son, Lewis W. Washington, the sword of General George 
 Washington, devised to me by my father, and also the sword and pistol (one of them being lost) 
 of the said General George Washington, devised to me by my uncle, Judge Bushrod Washington. 
 
 "Item I give to my son, Lewis, my law books, public documents, and such other portion 
 of my library as my wife may not wish to retain." 
 
 Colonel Lewis William Washington married, as his second wife, the great- 
 granddaughter of General Washington's only sister, Betty Washington, who 
 had inherited several important relics from General Washington's sister and 
 from General Washington's adopted daughter, Eleanor Parke Custis, among 
 which was the Bible of General Washington's -mother, now at Mount Vernon. 
 
 It will be seen from the foregoing that in the possession of Colonel Lewis 
 William Washington were concentrated the relics of General Washington from 
 five family sources. 
 
 Colonel Lewis William Washington had one son by his first marriage, Major 
 James Barroll Washington, C.S.A., and by his second marriage one son, Wil- 
 liam de Hertburn Washington. The latter died without issue. 
 
 The only living child of the late Major James Barroll Washington is Mr. 
 William Lanier Washington, now of New York City, who inherited several 
 important relics from his half uncle, William de Hertburn Washington, and the 
 relics which belonged to his father. 
 
 Frances Washington, above mentioned, to whom George Corbin Washington 
 gave several important relics of General Washington, died without issue and 
 these relics, among which were the silver Camp Cups, reverted to George Cor- 
 bin Washington's grandson, Major James Barroll Washington and his son, Mr. 
 William Lanier Washington. 
 
 These genealogical summaries are given to explain the history and descent 
 of these relics from General Washington to their present owner, Mr. William 
 Lanier Washington, who being childless and having no near relatives to inherit, 
 has decided to disperse the Collections that they may be cared for perma- 
 nently by public institutions or cherished by patriotic private collectors.
 
 RELICS OF GEORGE WASHINGTON 
 
 CONSIGNED FOR UNRESTRICTED PUBLIC SALE BY 
 
 MR. WILLIAM LANIER WASHINGTON 
 
 Thursday Evening, April 19, 1917, at 8:15 o'clock 
 
 PART I 
 
 The Relics in the First Part of Mr. Washington's Collection 
 were inherited and obtained by him from members of 
 his family on the lines as shown in the Introduction 
 
 COAT BUTTON WORN BY GENERAL WASHINGTON 
 
 Mounted with two contemporary patriotic buttons with the initials 
 "G. W." in centre. Marked with inscription "Long Live the President." 
 Two different varieties of these rare buttons worn while Washington was 
 President of the United States. 3 pieces in frame. 
 
 2 FRAGMENTS OF TWO SILK GOWNS WORN BY MARTHA 
 WASHINGTON 
 
 Mounted in antique mahogany frame.
 
 FOUR ENGRAVED COPPER BUTTONS FROM GENERAL WASH- 
 INGTON'S DRESS COAT 
 Worn while President of the United States. 
 In fine black morocco case with inscription. 
 
 4 SILVER SERVING SPOON OWNED BY GENERAL WASHINGTON 
 Used by General Washington in his camp equipment during the War of 
 the Revolution. Richard Humphreys, Philadelphia, maker, circa 1777. 
 
 In fine black morocco case with inscription. 
 
 10
 
 5 GENERAL WASHINGTON'S WINE GLASS 
 
 Cut glass, Colonial type. One of a set for serving Madeira at Mount 
 Vernon. In very good condition. 
 
 In fine black morocco case with inscription. 
 
 6 GENERAL WASHINGTON'S WINE GLASSES 
 
 Two finely cut wine glasses, the remaining portion of one of the finest sets 
 of wine glasses used by General Washington at Mount Vernon on state 
 occasions. They are of English make and were imported by General 
 Washington after his return to Mount Vernon to retire to private life. 
 Both glasses are well preserved. 
 
 In fine morocco case with inscription. 
 
 7 BROOCH FROM ONE OF GENERAL WASHINGTON'S SPOONS 
 
 Wrought in the shape of a small hatchet from a broken silver spoon and 
 engraved with the script monogram "G. W." Length, if^ inches. 
 
 ii
 
 MARTHA WASHINGTON'S TEASPOON 
 
 A silver teaspoon of pure Colonial type. Length, 5^4 inches. Marked in 
 script "M. W.". One of a set in use at Mount Vernon during the life of 
 General Washington, which is said to have been presented to Martha 
 Washington by a French visitor at Mount Vernon. It has had consider- 
 able wear, as the maker's mark is almost obliterated, but the spoon is in 
 excellent condition. 
 
 In fine black morocco case with inscription. 
 
 BRASS CANNON OWNED BY GENERAL WASHINGTON 
 This cannon is six and one-half inches long. It is characteristically en- 
 graved ^and is mentioned in the "Inventory of General Washington's 
 Estate." It is apparently a reduced copy of an historic cannon, and no 
 doubt was a memento of the sterling work of its prototype. 
 In fine black morocco case with inscription. 
 
 12
 
 io MONEY SCALES OWNED BY GENERAL WASHINGTON 
 
 These money scales are listed in the "Inventory of the Estate." The one 
 remaining weight is marked " I Souver-ain."
 
 ii MONEY WEIGHTS OWNED BY GENERAL WASHINGTON 
 
 Two sets of nested weights in bronze and of interesting workmanship, 
 used by General Washington at Mount Vernon and inventoried by the 
 executors of his estate. 
 
 In fine black morocco case with inscription.
 
 ^fefo. 
 
 12 TWO SCROLL EDGE DISHES FROM MOUNT VERNON 
 
 Owned by Justice Bushrod Washington. White porcelain with decorations 
 of floral sprays in brown flecked with gold. Marked "Copeland and Gar- 
 rett" (the original name of the Copeland Porcelain Factory in England). 
 Length, 10 inches; width, 7 inches; depth, 1^2 inch. Very unusual porce- 
 lain in perfect condition. 
 
 13 TWO OCTAGONAL DISHES 
 Match preceding. 8^4 inches wide. 
 
 In perfect condition. 
 
 14 TWO CAKE DISHES 
 
 Match the preceding. Width, 
 In perfect condition. 
 
 inches and 9 inches; depth, i>2 inch.
 
 TORTOISE-SHELL SNUFF BOX OWNED BY WASHINGTON 
 Inlaid with silver and gold pique, marked "G. W." Inherited by the pres- 
 ent owner from his father. The initials on the top appear to be facsimiles 
 of Washington's handwriting. Length, 4^4 inches; width, i^ inches; 
 depth, i inch. 
 
 In fine black morocco case with inscription. 
 
 16 BROOCH MADE FROM GENERAL WASHINGTON'S SPOONS 
 
 This brooch was made many years ago with the script monogram "J. B. 
 W." and given to the mother of the present owner by a member of the 
 family who had these broken spoons and sought to utilize them as a sou- 
 venir. Size, 3 by 2 inches. 
 
 17 GEORGE CORBIN WASHINGTON 
 
 Receipt for a runaway slave returned to Colonel Washington. 
 
 Washington, March 3Oth, 1853. 
 
 Received of Mr. Washington Six dollars and fifty cents in full for apprehending his 
 slave Hamilton. James Bowen. 
 
 16
 
 1 8 GENERAL WASHINGTON'S STEEL SHOE BUCKLES 
 
 Worn informally at Mount Vernon. These buckles are inventoried among 
 the personal effects of General Washington by the executors of his estate. 
 Size, 2f^ by 2^i inches. 
 
 In fine black morocco case with inscription.
 
 i 9 SNUFF BOX OWNED BY GENERAL WASHINGTON 
 
 This snuff box, which is made of tortoise shell inlaid with gold, was given 
 by General Washington to his nephew, Justice Bushrod Washington, of 
 the Supreme Court of the United States. It was given by Justice Bushrod 
 Washington to his nephew, Colonel George Corbin Washington, M.C., the 
 great-grandfather of the present owner. The central ornament of this box 
 has been lost or broken and has been replaced with a portrait of General 
 Washington finely etched in gold on black glass. 
 
 In fine black morocco case with inscription. 
 
 18
 
 20 SIX SILVER TEASPOONS OWNED BY GENERAL WASHINGTON 
 And used by him at Mount Vernon. B. Wenman, New York, maker, circa 
 1795. These spoons are in fine condition and form one of the most inter- 
 esting items of Washington's table silver in existence. 
 
 In fine black morocco case with inscription.
 
 2i SILVER SUGAR TONGS OWNED BY GENERAL WASHINGTON 
 And used by him at Mount Vernon. C. A. Burnett, Alexandria, Va., maker, 
 circa 1797. Burnett made many pieces of silver for the Washington family. 
 
 In fine black morocco case with inscription. 
 
 
 20
 
 22 MINIATURE TRUNK 
 
 Given by General Washington to his adopted daughter, Eleanor Parke 
 Custis. The small trunk is covered with the hide of a deer, on which the 
 hair still remains, and is studded with brass-headed nails. It was used by 
 Nellie Custis, granddaughter of Martha Washington and adopted daughter 
 of General Washington, in which to keep her small belongings. The daugh- 
 ter of Eleanor Parke Custis gave this trunk to her first cousin, Betty Bur- 
 nett Lewis, who was the mother of Mrs. Lewis William Washington, step- 
 grandmother of the present owner. The size of the trunk is as follows: 
 Length, 13^2 inches; width, 8 inches; depth, 6 inches. 
 
 23 SILK BREECHES OWNED BY GENERAL WASHINGTON 
 
 Worn on formal occasions while President of the United States. These 
 breeches are made of light-brown corded silk of superior quality. They 
 remain in excellent condition and are an interesting relic of Washington's 
 personality. 
 
 In glass case with inscription. 
 
 21
 
 24 MARTHA WASHINGTON'S MONEY PURSE 
 
 Knitted in tan silk and embellished with cut steel beads, rings and tassels. 
 In perfect condition. 
 
 In glass case with inscription. 
 
 22
 
 25 GENERAL WASHINGTON'S STEEL SWORD BELT BUCKLE 
 
 Worn during the War of the Revolution. With this buckle General Wash- 
 ington fastened the belt around his waist from which depended his sword 
 throughout the seven years of the War of the Revolution. The sword is 
 in the State Department at Washington, and is one of the most valuable 
 and cherished relics of General Washington. The size of the buckle is 2^2 
 by 1 34 inches. 
 
 In fine black morocco case with inscription.
 
 26 GOLD SEAL WITH WASHINGTON'S COAT-OF-ARMS 
 
 Cut in carnelian and mounted in gold. Given by General Washington to 
 his brother, Colonel John Augustine Washington, the great-great-great- 
 grandfather of the present owner. The photographs show the actual size 
 of the seal. 
 
 In fine black morocco case with inscription. 
 
 24
 
 27 CANDLESTICKS OWNED BY GENERAL WASHINGTON 
 
 This pair of candlesticks were used by General Washington on his desk at 
 Mount Vernon. They are fine Sheffield plate; tapering and fluted shafts 
 and bobeches, moulded and beaded circular bases, in manner of Sheraton 
 Height, 10 inches.
 
 28 READING GLASS OWNED BY GENERAL WASHINGTON 
 
 In his possession at the time of his death in 1799. Mentioned in an article 
 by Annette Lewis Bassett (sister of the step-grandmother of the present 
 owner of the reading glass) in Scribner's Magazine May, 1877, as follows: 
 
 "Washington's sun-glass, in a massive silver rim, with solid silver handle of quaint 
 device, his sword-belt worn through the Revolutionary War, and a number of letters 
 not yet given to the public are all in the possession of one lady." [The name of this 
 lady is not mentioned but she refers no doubt to her sister, the widow of Colonel 
 Lewis William Washington, grandfather of the present owner.] 
 
 Length, 4>1$ inches; diameter of the glass, 2% inches. 
 In fine black morocco case with inscription. 
 
 26
 
 29 WEDDING RING OF GENERAL WASHINGTON'S MOTHER 
 
 Small well-worn broken band of gold, the ring with which Augustine 
 Washington, father of George Washington, married Mary Ball. One of 
 the very few relics of the mother of Washington extant and probably the 
 most valuable of any known to be in existence. It is stated to have been 
 taken from his mother's finger by General Washington at the time of her 
 death and was given by him to his niece, Jane Washington, mother of 
 George Corbin Washington, who in turn gave it to his niece, Frances Wash- 
 ington. Frances Washington before her death gave it to James Barroll 
 Washington, father of the present owner, about 1895. 
 
 In black morocco case with inscription. 
 
 27
 
 30 WHIST COUNTERS OWNED BY GENERAL WASHINGTON 
 
 Mother of pearl, handsomely engraved. In the original book of accounts 
 kept by Lund Washington, overseer of Mount Vernon, from 1762 to 1784, 
 appear entries on page 42, in the account with General Washington's 
 brother, "Mr. Charles Washington," on the debit side, "To won at whist at 
 your House, 7.6 shillings," on the credit side, "By Cash won at Mount 
 Vernon, 5 shillings." 
 
 In mahogany case with inscription engraved on silver tablet. 
 
 28
 
 3 i WRITING CASE OWNED BY GENERAL WASHINGTON 
 
 The writing case is of rosewood with mother-of-pearl mountings. Length, 
 13^ inches; width, 8^ inches; height, 4^2 inches. Attached to it is the 
 statement in the writing of the grandfather of the present owner to the 
 effect that it was given by General Washington to his nephew, Bushrod 
 Washington, Justice of the Supreme Court of the United States, and its 
 later line of descent as follows: 
 
 "This case was presented by General Washington to his nephew, Judge Bushrod 
 Washington, and by him to his nephew, Colonel George Corbin Washington, and by 
 him to his son, Lewis William Washington, in 1854." 
 
 Also attached to the writing case is a statement in the handwriting of 
 its present owner as follows: 
 
 "This writing case was inherited by William de Hertburn Washington, the young- 
 est child of Lewis William Washington, whose statement in his own handwriting is 
 attached to the case. Upon the death of William de Hertburn Washington in 1914, 
 it was inherited by his nephew, William Lanier Washington, the present owner of 
 this case. William Lanier Washington, 1916."
 
 32 TWO SILVER CAMP CUPS OWNED BY GENERAL WASHINGTON 
 Used by General Washington during the War of the Revolution. Edmund 
 Milne, Philadelphia, maker, 1777. Size, 3j4 inches high; 2^ inches 
 wide at the top; 2^ inches wide at the bottom. 
 
 These cups were given by General Washington, during his life, to his 
 nephew, Colonel William Augustine Washington, and are probably one of 
 the most valuable and interesting relics of General Washington in exist- 
 ence. A reproduction of Milne's original bill for the making of these camp 
 cups is shown in this catalogue. The original bill is not offered for sale 
 as it is not now in Mr. Washington's collection, but a photographic fac- 
 simile of the exact size will accompany the cups. The name of the maker 
 is stamped on the bottom of each cup. The cups show considerable use 
 and wear and are somewhat dented and marked but have been retained in 
 the state in which they left Washington's hands. 
 
 In fine black morocco case with inscription.
 
 GENERAL WASHINGTON'S SILVER CAMP CUPS 
 
 ACTUAL SIZE 
 
 [Number 32]
 
 WASHINGTONIANA 
 
 CONSIGNED BY 
 
 MR. WILLIAM LANIER WASHINGTON 
 
 PART II 
 
 The following Relics of General Washington were collected 
 during the past thirty-five years by the late Major James 
 Barroll Washington and his son, Mr. William Lanier Washington 
 
 AUTOGRAPHS 
 
 33 ADAMS (JOHN QUINCY). L.S., i p. 4 to. Washington, Dec. 28, 
 1822. In a frame and glazed. 
 
 To Andrew Gregg, Secretary of State for Pennsylvania. An interesting 
 letter regarding the extradition treaties existing between the United States 
 and Great Britain, and their application. 
 
 34 JEFFERSON (THOMAS). A.L.S., i p. 4 to. Monticello, March n, 
 1795. Framed with a portrait. 
 
 An interesting letter to Justice Bushrod Washington, in which Jefferson 
 asks him to act for the defendant in a legal case in which he is interested. 
 It concludes: "The change of the laws during my absence, & my ignorance 
 of them is my true apology for this question." 
 
 35 LAFAYETTE (MARQUIS DE). A.L.S., \% pp. 410. La Grange, 
 December 10, 1828. In a frame with a portrait, glazed. 
 
 Evidently written to Richard Rush, who was at this time Secretary of the 
 Treasury in the cabinet of President Adams. The letter mentions a forth- 
 coming Treasury report, and the comparisons he has made between Amer- 
 ican and European budgets. 
 
 33
 
 36 WASHINGTON (GEORGE). D.S., i p. large 410. Philadelphia, Decem- 
 ber 22, 1796. In a frame, glazed. 
 
 Appointment of Aquila Giles as marshal. The document is written on 
 vellum and bears the signature of Timothy Pickering as Secretary of State, 
 and the Seal of the United States. With this is a framed steel engraving 
 of General Aquila Giles. (2 pieces.) 
 
 BOOKS FROM WASHINGTON'S LIBRARY 
 
 37 BURN (RICHARD). The Justice of the Peace and Parish Officer, nth 
 Edition. Vols. i, 3 and 4 (lacks Vol. 2). 3 vols., 8vo, old calf. Lond. 
 1770. 
 
 George Washington's Copy, but without either his autograph or bookplate. The 
 set of four vols. appears on the inventory of his personal effects, and they were in- 
 cluded in the sale held in Philadelphia in 1891. Inserted is a sworn declaration of 
 Lawrence Washington that these volumes belonged to General Washington and were 
 from his Library at Mount Vernon. 
 
 38 AMERICAN MUSEUM; or, Universal Magazine. Issues for Sept., 
 1789 (lacking title); Jan., 1791; Dec., 1791; Jan. to May, and Nov. 
 and Dec., 1792. Bound in one vol., 8vo, half sheep. Phila., 1789-92. 
 
 The issue for Jan., 1791, has autograph of Bushrod Washington on title. Inserted 
 is a statement signed by Lawrence Washington that these numbers, which 
 his father had bound, formed a part of the personal library of George Washington, 
 at Mount Vernon, and giving the subsequent history of the volume, which latterly 
 was the property of Bishop Hurst. 
 
 Lawrence Washington was the son of John Augustine Washington, the last mem- 
 ber of the Washington family who owned Mount Vernon. 
 
 39 MINIATURE OF GENERAL WASHINGTON ON IVORY 
 
 Painted after the portrait of Washington by Joseph Wright. Signed B. L. 
 In a heavy antique gilded frame. 
 
 34
 
 40 TWO OFFICERS' SWORDS 
 
 Used in the War of the Revolution. The ivory handle of one is mounted 
 with wrought steel; the handle of the other is of ivory with bronze mount- 
 ing. Rare specimens. Length, 36 inches. In a mahogany case. 
 
 41 FIGURE OF WASHINGTON 
 
 Three-quarter length showing Washington in uniform holding a sword in 
 his two hands. Composition painted in life-like glazed colors. Size, 
 x 12^ inches. In antique gilded frame. 
 
 42 
 
 PORTRAIT OF GEORGE WASHINGTON 
 
 By Chas. Fenderich. Bust portrait in oils, with head slightly turned 
 looking to the right. It was inherited by Mr. William Lanier Wash- 
 ington from his father who bought it many years ago from a member of 
 the Fenderich family. In gilt frame. Size, 30 x 25 inches. 
 
 With this is a lithograph of the same portrait published by Charles 
 Fenderich. 
 
 35
 
 43 TWELVE TABLE KNIVES 
 
 Ivory handles with silver mounts. On the handles of the knives is a carved 
 head of Washington in relief, after Houdon's famous model. These were 
 part of the set said to have been made in Sheffield and presented to Gen- 
 eral Washington during the late years of his residence at Mount Vernon. 
 It is said that Washington gave them to the wife of a member of his former 
 military staff, from a descendant of whom they were obtained about ten 
 years ago. At the time they were acquired by Mr. Washington they were 
 submitted to the Curator of Metals at the Metropolitan Museum, New 
 York, who after examination, wrote as follows: 
 
 Dear Mr. Washington: 
 
 . . . The maker of your knives, J. Garside, was well known in Sheffield; and 
 from the history of the cutler's company I find that he was an apprentice in 1765. 
 
 Yours very truly, 
 
 [Signed] John H. Buck, Curator. 
 
 Marked, J. Garside, Superior Cutlery. Length of steel, 6> inches; 
 length of handle, 3^ inches; silver mount, ]4 inch. 
 
 44 ELEVEN TABLE KNIVES 
 
 Similar to preceding but smaller in size. Length of steel, 4^ inches; 
 length of handle, 3>< inches; silver mount, y% inch. 
 
 45 CARVING KNIFE, FORK AND STEEL 
 
 Match the preceding. Length of knife blade, 9>< inches; ivory handle, 
 4^ inches; silver mount, y 2 inch. Length of fork, 5 inches; handle, 
 inches; silver mount, y 2 inch. Length of steel, 7>< inches; handle, 
 inches; mount, 1 A inch.
 
 CUTLERY FEOM MOUNT VERNON 
 
 [Numbers 43, 44, and 45]
 
 46 LARGE SHEFFIELD TRAY 
 
 Entwined leaf scroll edge and handles. The center is engraved with a head 
 of Washington surrounded by flags. The eagle is engraved at the foot of 
 the portrait standing on a shield which rests on a sheaf of wheat and 
 corn through which a ribbon runs enumerating the names of the grain- 
 bearing States. Size, 26 x 18 inches. In a glass case. 
 
 47 OVAL STIPPLE PROFILE PORTRAIT OF GEORGE WASHINGTON 
 On the back of this appears the following: 
 
 The God-like Washington died I4th Deer. ,1799. All America in tears. The within 
 is the best likeness I have seen. The hair is of his own head, this will increase its 
 value with time. It's my earnest Request this may be preserved to succeeding Gen- 
 erations. The hair was presented to me by Maj. Billings. Con. Army. Certificate: 
 
 This may certify that the within hair was inclosed by Gen'l Washington in a 
 letter to me dated Newburgh, June '83 as his own hair. Jany. i, 1810. 
 
 And. Billings. 
 
 This portrait was given to the father of the present owner by his aunt 
 by marriage, who was the granddaughter of Major Andrew Billings, attache 
 to General Washington and who inherited the lock of Washington's hair 
 referred to above, but which is not offered with this portrait. 
 
 38
 
 48 MOURNING LOCKET 
 
 Worn at the time of Washington's death. Female figure in mourning 
 leaning on Washington's tomb, on which his portrait appears. Painted 
 on ivory and mounted in gold. Size, i^ x i^ inches. 
 
 49 MOURNING PIN 
 
 Worn at the time of Washington's death. Lozenge shape, mounted in 
 gold with blue and white enamel frame. Painted on ivory with the figure 
 of Washington in the sky. A female figure is leaning on the tomb; she 
 bears in her hand a staff on which the cap of Liberty is hung. Size, i^> 
 x 1/i inches. 
 
 50 MOURNING LOCKET 
 
 Worn in commemoration of Washington's death. Seated female figure is 
 leaning on Washington's tomb, on which his portrait is seen. Painted on 
 ivory and mounted in gold. Size, 2x1^/2 inches.
 
 5i HEAD OF GENERAL WASHINGTON IN SILVER 
 
 Exquisitely hand wrought in solid silver in low relief, after the drawing by 
 St. Memin. The silver wreath surrounding the head is tied at the bottom 
 with a silver bowknot bearing the inscription, "Washington, Born Feb. 
 22, 1732; died Dec. 14, 1799." Height of head, 8> inches; width, 5 
 inches. The wreath is comprised of about seventy laurel leaves, four at the 
 bottom tapering to one at the top. In contemporaneous deep oval gilded 
 frame. 
 
 52 WAX HEAD OF GENERAL WASHINGTON 
 
 From St. Memin's drawing. This model is that from which the silver 
 head (see Lot 51) was made. An exquisite example of wax modelling; 
 in low relief. Height, 8^2 inches; width, 5 inches. 
 
 40
 
 HEAD OF WASHINGTON IN SOLID SILVER 
 
 [Number 51]
 
 53 BUST OF GENERAL WASHINGTON 
 
 Very life-like and colored to nature. Executed in high relief in composi- 
 tion. Under oval glass in antique frame. Size, 9x7 inches. 
 
 54 PITCHER PORTRAIT OF WASHINGTON ON LIVERPOOL WARE 
 Mounted under glass in a black frame with brass rim. This famous " Pitcher 
 Portrait" of Washington is exceedingly rare. Size, 4x4^ inches. 
 
 55 SMALL BRONZE STANDING FIGURE OF WASHINGTON 
 
 Very rare and contemporaneous bronze. On a marble base of two colors. 
 Height of figure, 8 inches; height of base, 4^2 inches. 
 
 42
 
 56 STAFFORDSHIRE STANDING FIGURE OF WASHINGTON 
 One of the rare original figures of Washington made in Staffordshire during 
 his life time. The decoration which is of gold and white is unusual. The 
 lower part of this figure has been damaged and restored so cleverly that it 
 is hardly discernible. Height, 14^ inches. 
 
 57 PORCELAIN BUST OF WASHINGTON 
 
 Excessively rare, in bisque on a white porcelain base, decorated with gold 
 and with the inscription "Washington." Height of bust, 23^ inches; height 
 of base, 2^ inches. The owner of this piece has seen no duplicate and 
 considers it one of the rarest pieces in his collection. 
 
 43
 
 58 BUST OF GEORGE WASHINGTON 
 
 Rare Staffordshire; showing the subject with black coat and flowered 
 waistcoat. This bust of George Washington in its original state is exces- 
 sively rare and the owner knows of but one other similar, which, he is 
 informed, is in the British Museum. This bust has been reproduced several 
 times during the last fifty years and these reproductions should not be 
 confused with the original. Height, 8^2 inches. 
 
 59 CONTEMPORANEOUS LIVERPOOL WARE BOWL 
 
 In the center of the bowl is an oval portrait of Washington supported on 
 either side by two draped figures. The one on the right is represented as 
 saying, "Deafness to the ear that will patiently hear and Dumbness to the 
 Tongue that will utter a Calumny against the immortal Washington," 
 and the one on the left, "My Favorite Son." Underneath, "Long Live 
 the President of the United States." On the outside are two rustic scenes, 
 which appear to reproduce Wakefield, the birthplace of General Washing- 
 ton. Diameter, 6 inches; depth, 2^ inches. 
 
 A very interesting and excessively rare bowl, no other being known. 
 
 44
 
 60 LEAD STATUETTE OF WASHINGTON 
 
 In military costume standing by a cannon; on small base. A very rare 
 contemporary specimen. Height, 9^ inches. 
 
 61 LEAD STATUETTE OF FRANKLIN 
 Standing figure, companion to the above. 
 
 45
 
 
 62 PORTRAIT OF WASHINGTON 
 
 A copy in oils, presumably from the brush of Jane Stuart, daughter of 
 Gilbert Stuart, of Stuart's Lansdowne portrait. Inherited by Mr. William 
 Lanier Washington from his father. Size, 36 x 25 inches. In a contem- 
 porary frame. 
 
 63 THREE ENGRAVED PORTRAITS 
 
 George Washington, engraved by Rollinson, published by I. Reid, New 
 York, 1796, and two others. In one frame. 
 
 64 GEORGE WASHINGTON 
 
 Stipple engraving printed in colors by W. Nutter after Stuart. London, 
 published Jany. 15, 1798, by R. Cribb Holborn. Framed. Very rare. 
 
 65 GEORGE WASHINGTON 
 
 Medallion portrait engraved by B. L. Prevost after Du Similier, and one 
 other. In one frame. 
 
 66 EARLY DAGUERREOTYPE OF WASHINGTON 
 
 Made by S. F. B. Morse, Boston, in May, 1846, of the Gilbert Stuart 
 Athenasum Portrait of Washington. It is well known that Morse did much 
 experimental work in photography and among his earliest attempts was 
 that of a reproduction of Stuart's portrait of Washington. It is said that 
 in order to obtain this daguerreotype photograph an exposure of several 
 hours was required and success was obtained only after many failures. 
 (See Life of Morse.) The daguerreotype plate is 5 x \% inches, with a 
 gilt metal mat showing an oval of 3^4 x 3 inches. 
 
 46
 
 6; BRONZE STATUETTE OF WASHINGTON 
 
 Finely modelled standing figure. On fluted half column of white marble, 
 ormolu mounted. Height of figure, 9^ inches; height of base, 5 inches. 
 
 68 BRONZE STATUETTE OF FRANKLIN 
 Standing figure. Companion to the preceding. 
 
 47
 
 69 RARE CONTEMPORARY CHINTZ PANEL 
 
 A center medallion holds the portrait of Washington and is surmounted by 
 the Coat-of-Arms of the United States, dated 1776, and an inscription, 
 "Liberty and Independence our Country's Pride and Boast." On the 
 right and left are medallion portraits of Jefferson and Madison. Below, 
 on each side, are four scenes of naval engagements in medallions entwined 
 with ribbons and wreaths, which are inscribed with the sayings of the 
 respective commanders, whose flags are flying. 
 
 In the center are three large ovals depicting the battle of Lake Erie 
 with Perry's message: "We have met the enemy and they are ours"; the 
 battle of Lake Champlain, and "The Glorious finishing, New Orleans," 
 with the inscription, "Without the advantages of discipline we have con- 
 quer'd conquerors. Jackson." On either side of this medallion is a flag, 
 one bearing the inscription, "The Peasantry of America who know their 
 Rights and their Duties." The other, "The Right Hand of Fellowship to 
 all Nations who deserve it." At the foot of the piece on the left is the 
 figure of a woman holding a scroll which reads, "Hail Columbia happy 
 Land. Be then forever great and free, the land of love and Liberty." On 
 the right is the figure of a man holding a flag inscribed, "Millions for 
 Defence, not a cent for Tribute. Columbia fears no haughty Foe, who 
 ploughs the stormy main. Her Home's a mighty Continent, her Wealth, her 
 wide Domain." At the base an inscription, "Free trade and Sailors' 
 Rights. Rodgers. Porter." 
 
 Printed in mulberry on deep ivory ground. In fine proof condition. 
 Size, 32 x 24 inches. In gold frame with black glass mat. 
 
 48
 
 VERY RARE CHINTZ PANEL 
 
 [Number 69]
 
 70 BRONZE BUST OF GENERAL WASHINGTON 
 
 Life size. This is the first casting ever made directly from the original 
 plaster model, which was made from life by the famous French sculptor, 
 Jean Antoine Houdon, in 1785. The plaster model, which was left by Hou- 
 don at Mount Vernon, is valued at $50,000 and is one of the two busts made 
 in plaster by Houdon who came to America for the purpose of making the 
 statue of Washington (now in the rotunda of the State House at Rich- 
 mond, Virginia). Houdon is the only sculptor that Washington per- 
 mitted to make life casts from his face, head, and body. The other plaster 
 bust was carried to France by Houdon where it is now preserved by the 
 French Government. This bronze was cast in New York City by the late 
 Maurice Power in his own foundry and was retained for years in his 
 family. It was bought from Maurice Power's widow.
 
 BRONZE BUST AFTER HOUDON 
 
 [Number 70]
 
 7i PORTRAIT OF GENERAL GEORGE WASHINGTON 
 
 Painted by Rembrandt Peale, who was born in Bucks County, Pennsyl- 
 vania, February 22, 1778, and died in Philadelphia, October 3, 1860. 
 Slightly more than life size, bust length, facing about three-quarters to the 
 right. A fresh-complexioned and vigorous, fearless face with benignant 
 eyes a most human portrayal. Dressed in blue Continental military 
 coat with gold epaulets, buff-colored reveres, white stock and ruffle. Height, 
 30 inches; width, 25 inches. 
 
 IN BEAUTIFUL FRESH CONDITION AND SO FAR AS KNOWN IT HAS NEVER 
 BEEN REPRODUCED. 
 
 It is well known that Peale painted his first portrait of Washington 
 when he was only seventeen years of age, and at that time obtained three 
 sittings from his great patron. 
 
 Mr. Charles Henry Hart has examined this portrait and has submitted 
 the following report to Mr. Washington: 
 
 "I have examined the portrait of Washington, three quarters to right, in uni- 
 form, on canvas 25 x 30 inches, that you submitted for my opinion. It is painted 
 by Rembrandt Peale and doubtless is one of his trial pictures, painted while he was 
 arriving at his composite portrait of 1823-24. It shows the right side of the face 
 while the composite portrait shows the left side of the face which is the familiar 
 "Rembrandt Peale's Washington." It is, as are all of the 1823-24 type, of heroic 
 size, that is, larger than life and is to me a new type, for which reason it is of especial 
 interest. It is painted in Rembrandt Peale's usual manner and with his high-color 
 palette. 
 
 [Signed] CHAS. HENRY HART." 
 
 Other experts who have examined this portrait have, without excep- 
 tion, declared it to be an unusually excellent example of the work of Rem- 
 brandt Peale. Mr. Hart's report accompanies the portrait.
 
 PORTRAIT OF GENERAL WASHINGTON 
 
 PAINTED BY REMBRANDT PEALE 
 
 [Number 71]
 
 72 PORTRAIT OF THE MOTHER OF WASHINGTON 
 
 Portrait of Mary Ball Washington, painted by Robert Edge Pine. In its 
 original condition. Height, 2i>^ inches; width, 18 inches. 
 
 BY SPECIAL ARRANGEMENT A RESERVE PRICE OF TEN THOUSAND DoL- 
 LARS HAS BEEN PLACED ON THIS PORTRAIT. IF AN INITIAL BID OF THAT 
 AMOUNT IS NOT RECEIVED THE PAINTING WILL BE WITHDRAWN. EVERY 
 OTHER ITEM IN MR. WASHINGTON'S COLLECTION WILL BE SOLD WITHOUT 
 RESERVE OR RESTRICTION. 
 
 This celebrated portrait has been on public exhibition at the Jumel 
 Mansion, General Washington's Headquarters, in New York City, and in 
 February and March of this year was in the Loan Exhibition of early 
 American portraits at the Brooklyn Museum. It is familiar to the public 
 and is the ONLY KNOWN AUTHENTIC PORTRAIT of Washington's mother. 
 
 Mr. Charles Henry Hart, the recognized authority on portraits of the 
 Washington family, made an exhaustive study of this portrait and sub- 
 mitted to Mr. William Lanier Washington a long and elaborate report. 
 He said: 
 
 "The authorship of the painting is perfectly clear to me. It is, without the least 
 doubt, the work of Robert Edge Pine, a British painter who, born in Great Britain 
 in 1730, came to this country in 1784 and died at Philadelphia, November 19, 1788. 
 Pine visited Mount Vernon and Washington notes in his Diary on April 28, 1785, 
 Pine's arrival 'in order to take my picture from life.' He remained at Mount Vernon 
 three weeks and when he left carried letters of high commendation from Washington. 
 In addition to the portraits of Washington and Fanny Bassett, Pine painted at Mount 
 Vernon portraits of Mrs. Washington's three grandchildren." 
 
 Mr. Hart added that the portrait was not only painted from life but 
 was "an absolutely homogeneous painting, that is, all painted at the same 
 period or virtually at the same time." He also said that it was an extremely 
 good example of Pine's work at his best, being firmly and decisively painted, 
 "and no one can help but see instinctively its general resemblance to the 
 well-known lineaments and distinguishing characteristics of the portraits 
 of the Father of his Country." After a further review of the evidence Mr. 
 Hart closed his report as follows: 
 
 "I am pleased to be able to say that from my investigations and researches into 
 the history of this portrait and from my considerable familiarity with portraiture in 
 general and with the portraits of Washington in particular, I am of the opinion that 
 this is a portrait of your ancestress in the sixth generation, Mary Ball, the Mother 
 of Washington." 
 
 Mr. Hart's opinion has been endorsed by many distinguished authori- 
 ties. Lyon G. Tyler, LL.D., president of William and Mary College, wrote 
 to Mr. William Lanier Washington: "The statement of Mr. Charles 
 
 54
 
 Henry Hart is conclusive in my opinion of the authenticity of the Mary 
 Ball portrait. No higher authority could be had." 
 
 Mr. Worthington Chauncey Ford, formerly chief of the Division of 
 Manuscripts in the Library of Congress, author of a Life of Washington, 
 the editor of the Writings of Washington, and now the editor of the Mas- 
 sachusetts Historical Society and the President of the American Historical 
 Association, wrote to Mr. Washington with regard to Mr. Hart's report: 
 "I do not think you could get a more judicious, with a nearer approach 
 to certainty. You now have a document which will serve to answer any 
 critic who questions the probability of the portrait. In all this matter of 
 portraiture you cannot do better than to follow Charles Henry Hart." 
 
 General Roger A. Pryor, late Justice of the Supreme Court, State of 
 New York, wrote: "After a critical examination of the evidence I am sat- 
 isfied beyond a doubt that your picture is an authentic portrait of Wash- 
 ington's mother." 
 
 Mr. Frank W. Bailey, of the Copley Galleries, Boston, an authority on 
 early American portraits, wrote a detailed review of the recent Loan Exhi- 
 bition in Brooklyn which was published in the Boston Evening Transcript of 
 February 10, 1917, in which he said: "Robert Edge Pine has four portraits 
 credited to him, only one of which, that of Mary Ball Washington, shows 
 him to be a painter of excellence. This portrait is undoubtedly a genuine 
 one, is so fine in technique and color that it is difficult to realize it as com- 
 ing from his hand." 
 
 The authenticity of the portrait has also been approved by Mr. Ed- 
 ward Hagaman Hall, historian and author, of New York City; W. Gor- 
 don McCabe, A.M., LL.D., president of the Virginia Historical Society; 
 Mr. William Henry Shelton, curator of Washington Headquarters, New 
 York City; Clarence Winthrop Bowen, LL.D., president of the New 
 York Genealogical and Biographical Society; Mr. Jonce Irwin McGurk, 
 authority on early American portraiture; Mr. Frank Allaben, editor-in- 
 chief of the "Journal of American History," and by all other authorities 
 to whom it has been submitted. 
 
 The report of Mr. Hart, autograph letters from the authorities named 
 above, and newspaper articles regarding the history of the portrait, have 
 been handsomely bound in full morocco in a quarto volume which will 
 be delivered to the purchaser of the portrait. 
 
 [The Portrait reproduced in colors is the frontispiece of this Catalogue.] 
 
 55
 
 ORIGINAL LETTERS AND DOCUMENTS 
 
 OF GEORGE MASON AND OTHERS ON THE 
 
 FORMATION OF THE CONSTITUTION
 
 HISTORICAL NOTE 
 
 IN September, 1786, a meeting was held at Annapolis by Commissioners 
 from New York, New Jersey, Pennsylvania, Delaware, and Virginia to 
 "remedy defects of the Federal Government." Commissioners had been 
 appointed from other States but only those from the States named attended 
 and the net result of the meeting was a recommendation to the States repre- 
 sented to procure the appointment by all the States of Commissioners to meet 
 in Philadelphia in May, 1787, "to devise such provisions as shall appear to 
 them necessary to render the Constitution of the Federal Government ade- 
 quate to the exigencies of the Union." 
 
 That suggestion resulted in the Federal Convention at Philadelphia. The 
 date fixed for the meeting was May 2, 1787, but it was May 25 before a sufficient 
 number of States were represented to constitute a quorum, and on the 29th, 
 Governor Edmund Randolph of Virginia presented fifteen resolutions and 
 Charles Cotesworth Pinckney of South Carolina a draft of a Federal govern- 
 ment, both of which were referred to the Committee of the Whole. These 
 were debated until the I3th of June, when the committee presented to the 
 Convention nineteen resolutions founded on those which were proposed by 
 Mr. Randolph. Later William Paterson of New Jersey submitted some resolu- 
 tions that were referred to the Committee of the Whole but on the iQth of 
 June that committee disagreed with the proposals of Mr. Paterson and again 
 reported the nineteen resolutions previously agreed to. 
 
 From that time until the 23d of July the Convention debated these nine- 
 teen resolutions and on the 24th of July appointed a "Committee of Detail" 
 under a resolution "That the proceedings of the Convention for the establish- 
 ment of a National Government, except what respects the Supreme Executive, 
 be referred to a committee for the purpose of reporting a Constitution conform- 
 ably to the proceedings aforesaid." 
 
 The Convention then adjourned until August 6th to await the action of 
 the committee. This committee consisted of John Rutledge, Edmund Ran- 
 dolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson, who were chosen 
 by ballot. On August 6th the Committee of Detail reported a draft of a Con- 
 stitution which was debated until the 8th of September, when another com- 
 mittee of five was appointed to "revise the style of and arrange the articles 
 agreed to by the house." This was known as the Committee on Style and 
 Arrangement. The members were William S. Johnson, Alexander Hamilton, 
 Gouverneur Morris, James Madison, and Rufus King, and on September I2th 
 it reported the draft of the Constitution as well as a draft of a letter submitting 
 it to Congress, and it was ordered that printed copies be furnished to members 
 and they were delivered the next day. Finally on Saturday, September I5th, 
 the Constitution as amended was "passed in the affirmative all the States 
 concurring." 
 
 59
 
 The Convention met again on Monday, September lyth, and agreed to one 
 more change, and then after passing resolutions placing its Journals in charge 
 of the President subject to the order of Congress if ever formed under the Con- 
 stitution adjourned sine die. 
 
 The Congress of the Confederation was in session in New York when the 
 Federal Convention adjourned and on September 28th it unanimously resolved 
 to refer the proposed Constitution with the "resolutions and letter accom- 
 panying the same" to the State legislatures "in order to be submitted to a 
 convention of delegates duly chosen in each State by the people thereof." 
 
 The last article of the Constitution provided that "The ratification of the 
 conventions of nine States shall be sufficient for the establishment of this Con- 
 stitution between the States so ratifying the same." The dates of these rati- 
 fications by the States are as follows: 
 
 STATE DATE VOTE 
 
 Delaware December 7, 1787 Unanimously 
 
 Pennsylvania December 12, 1787 46 to 23 
 
 New Jersey December 18, 1787 Unanimously 
 
 Georgia January 2, 1788 Unanimously 
 
 Connecticut January 9, 1788 128 to 40 
 
 Massachusetts February 6, 1788 187 to 168 
 
 Maryland April 28, 1788 63 to 12 
 
 South Carolina May 23, 1788 149 to 73 
 
 New Hampshire June 21, 1788 57 to 46 
 
 Virginia June 25, 1788 89 to 79 
 
 New York July 26, 1788 30 to 28 
 
 North Carolina November 21, 1789 193 to 75 
 
 Rhode Island May 29, 1790 34 to 32 
 
 It will be seen that only three State Conventions voted unanimously for 
 the adoption of the proposed Constitution. Many of the most patriotic men 
 in America believed it to be faulty in several particulars and held that until it 
 was amended it should not be adopted. And in consequence the struggle 
 brought out pamphlets and newspaper articles by the score. Among those 
 opposed were such men as Richard Henry Lee, Elbridge Gerry, Luther Martin, 
 George Clinton, James Wadsworth, Patrick Henry, and George Mason. In 
 fact, Washington was the only member of the Virginia delegation to the Federal 
 Convention who signed the new Constitution. Edmund Randolph, the Gover- 
 nor of the State, was led to vote for its adoption only because eight States had 
 already adopted it, and, as he explained, the main question was "Union or no 
 Union." His speech on recording his vote for ratification contained the expres- 
 sion, "But although for every other act of my life I shall seek refuge in the 
 mercy of God, for this I request His justice only." 
 
 The principal objections to the Constitution were finally overcome by the 
 first ten amendments which were declared in force December 15, 1791. 
 
 60
 
 THE MASON PAPERS 
 
 ORIGINAL DOCUMENTS, AUTOGRAPH LETTERS, AND PRINTED DRAFTS OF THE 
 CONSTITUTION OF THE UNITED STATES, 1787, PRESERVED BY GEORGE MASON 
 OF VIRGINIA, A MEMBER OF THE CONVENTION, IN THE HANDWRITING OF GEORGE 
 MASON, EDMUND RANDOLPH, RICHARD HENRY LEE, AND EDWARD RUTLEDGE. 
 
 The following is a list of these very valuable and important papers regarding 
 the formation of the Constitution: 
 
 AUTOGRAPH DOCUMENT, 2 pp. Draft of a speech by George Mason. 
 
 AUTOGRAPH DOCUMENT, 3^ pp. Draft of a Speech by George Mason. 
 
 AUTOGRAPH DOCUMENT, 2 pp. Proposed Amendments to the Constitution by George Mason. 
 
 AUTOGRAPH DOCUMENT, \^4 pp. Article III, with corrections by George Mason. 
 
 AUTOGRAPH DOCUMENT, 9 pp. Edmund Randolph's Draft of a Constitution. 
 
 FIRST SECRETLY PRINTED DRAFT OF A CONSTITUTION. 
 
 SECOND SECRETLY PRINTED DRAFT OF A CONSTITUTION. 
 
 AUTOGRAPH DOCUMENT, i^ pp. Amendments to the Constitution by Richard Henry Lee. 
 
 AUTOGRAPH DOCUMENT, 5 pp. Amendments to the Constitution by George Mason. 
 
 AUTOGRAPH DOCUMENT, 2 pp. Regarding the Virginia Convention by George Mason. 
 
 AUTOGRAPH LETTER SIGNED by Richard Henry Lee, 4 pp. Regarding the powers granted 
 
 to the Executive and Congress. 
 AUTOGRAPH LETTER SIGNED by Richard Henry Lee, 4 pp. Regarding peculations among 
 
 public officers. 
 AUTOGRAPH LETTER SIGNED by George Mason, 5^ pp. Regarding Virginia's Western 
 
 Lands. 
 BIOGRAPHICAL SKETCH of George Mason by Judge Bland. 
 
 George Mason (1725-1792) was one of the greatest statesmen of Virginia. 
 James Madison said he was the ablest debater he had ever known and Thomas 
 Jefferson described him as "a man of the first order of wisdom, of expansive 
 mind, profound judgment, cogent in argument, learned in the lore of our former 
 constitution, and earnest for the republican change on democratic principles." 
 In 1769 Mason drew up the non-importation resolutions which were presented 
 by Washington in the Virginia Assembly and unanimously adopted. In 1774 
 he proposed twenty-four resolutions reviewing the controversy between Great 
 Britain and the Colonies, recommending a Congress, and urging non-intercourse 
 with the mother-country. In 1776 he drafted the Declaration of Rights and the 
 Constitution of Virginia which were unanimously adopted. He repeatedly de- 
 clined the highest public offices, but did consent to serve in the Convention to 
 frame a Constitution for the United States. He took an active part in its de- 
 bates and was distinguished for his liberal principles. In the discussion whether 
 the House of Representatives should be chosen directly by the people, he main- 
 tained that no republican government could stand without popular confidence, 
 and that confidence could only be secured by giving the people the selection of 
 
 61
 
 one branch of the legislature. He also favored the election of the President by 
 the people and for a term of seven years with ineligibihty afterward. In some 
 attempts to render the Constitution more democratic Mason was defeated in 
 the Convention, as these Letters and Documents show, and when the instru- 
 ment was completed he declined to sign it. He was especially dissatisfied with 
 the extended and indefinite powers that were conferred on Congress and the 
 President, and on his return to Virginia he was chosen a member of the Con- 
 vention to which the Constitution was referred for ratification or rejection, and 
 there, with Patrick Henry and others, he continued his opposition, insisting on 
 certain amendments, which are also set forth in these papers. Among the 
 amendments which he proposed was a Bill of Rights and about twenty altera- 
 tions in the body of the measure, and several of these were afterwards adopted. 
 
 The Documents, Letters, and Drafts here offered show Mason's position 
 and that of several of his associates throughout the great contest for the estab- 
 lishment of a strong and effective government. The proceedings of the Federal 
 Convention were secret and at its dissolution all the official papers except the 
 Journals were burned and many of the members destroyed their notes. Two 
 drafts of the Constitution were printed secretly during the debates for the con- 
 fidential use of the members, very few of which have survived. Both drafts 
 are, however, in this Collection, and their interest and importance are greatly 
 enhanced by the manuscript notes in the handwriting of Mason. The Consti- 
 tution as printed the third time by order of the Convention was in the final 
 form as ultimately adopted. 
 
 The Letters of Richard Henry Lee in which he opposed the adoption of the 
 Constitution are exceedingly interesting, particularly the letter in which he pre- 
 dicts a Civil War as an inevitable result of the proposed form of government. 
 The letter of Mason regarding Virginia's Western Lands is also of great histor- 
 ical importance. 
 
 The Documents, Letters, and Drafts naturally belong together, for they 
 were preserved by the same man and relate to the same subject. For this reason 
 
 THEY WILL BE OFFERED AS ONE LOT AT AN UPSET PRICE OF TEN THOUSAND 
 
 DOLLARS. If this bid is not received the Documents, Letters, and Drafts 
 (Numbers 73 to 86) will be sold separately without reserve as catalogued. 
 
 62
 
 ORIGINAL LETTERS AND DOCUMENTS 
 
 ON THE FORMATION OF THE CONSTITUTION 
 PRESERVED BY GEORGE MASON OF VIRGINIA 
 A MEMBER OF THE FEDERAL CONVENTION 
 
 NOTE The following Documents, Letters, and Drafts (Numbers 73 to 86) 
 are offered as one Lot at an upset price of Ten Thousand Dollars. If this 
 bid is not received they will be sold separately without reserve as catalogued. 
 
 73 MASON (GEORGE). Autograph Document, 2 pp., small 4to, written 
 during the sitting of the Federal Convention, probably May, 1787. Pre- 
 served under silk gauze. 
 
 On one side of the sheet, he has written "G. Mason begs the favour of 
 Majr. Jackson [the Convention's secretary] to correct the following Resolu- 
 tion, in the manner it hath been agreed to by the Convention." Then follows 
 the resolution upon the manner of election of the "second branch of the 
 Legislature of the United States," with the desired change made in Major 
 Jackson's hand from "triennially" to "biennially." This resolution was 
 discussed in the Convention at the sitting on May 3ist. This side of the 
 sheet has been crossed out in ink, but not in a manner to interfere with 
 its legibility. 
 
 The reverse side contains a draft of his speech upon the manner of 
 electing the two branches of the legislature, which was discussed at the 
 same time as above. He makes a clear distinction between the "Circum- 
 stances, Situation, Character, & Genius" of the American and other Peo- 
 ples, and continues, "Conclusions have been drawn that the People of these 
 United States would refuse to adopt a Government founded more on an equal 
 representation of the People themselves, than on the distinct representation of 
 each separate individual State. // the different States in our Union always 
 had been as now run substantially 5* in reality distinct sovereign nations, this 
 kind of reasoning would have great Force; but if the premises on which it is 
 founded are mere assumptions . . . no satisfactory conclusions can be drawn 
 from them." 
 
 63
 
 74 MASON (GEORGE). Autograph Document, ^ l / 2 pp., small 4to, closely 
 written; preserved under silk gauze. Contains draft of his Speech be- 
 fore the Federal Convention, advocating three persons instead of one as 
 Supreme Executive of the United States. [June, 1787.] 
 
 This speech contains more material and is more firmly expressed than 
 that mentioned in the Madison Papers as being delivered to the Conven- 
 tion on June 4th. He argues that his council of three would provide for 
 sickness or disability in the executive, would greatly strengthen the "Coun- 
 cil of Revision," and that the tendency to vest strong and extensive powers 
 in the executive would, were that executive only one person, result in the 
 republican form of government degenerating into a monarchy. He con- 
 siders that the virtues he admits centralized power to possess are fully 
 compensated for in a democracy by "the attachment of the Citizens to their 
 Laws, to their Freedom, & to their Country. Every husbandman will be 
 quickly converted to a soldier, when he knows & feels that he is to fight not in 
 defence of the rights of a particular Family, or a Prince, but for his own . . . 
 and who that reflects seriously upon the situation of America, in the beginning 
 of the late war without Arms without Soldiers without Trade, Money, or 
 Credit in a manner destitute of all Resources, but must ascribe our Success 
 to this pervading all-powerful Principle." He concludes, "// the executive 
 is vested in three Persons, one chosen from the Northern, one from the Middle 
 y one from the Southern States, will it not contribute to quiet the minds of the 
 people . . . & consequently [be] the best Security for the Stability & Dura- 
 tion of our Government upon the invaluable principles of Liberty." 
 
 This interesting proposal was finally defeated in the Convention by a 
 vote of 7 States against 3, but the support it received indicates the very 
 strong fear felt throughout the country that the granting of large powers 
 to one individual might tend to establish a monarchial system in the young 
 Republic. 
 
 75 MASON (GEORGE). Autograph Manuscript, 2 pp., folio, containing 
 Amendments to be proposed to the Federal Constitution during the 
 sitting of the Convention, 1787. Preserved under silk gauze. 
 
 Contains a list of eighteen amendments and suggestions, with the results 
 of ^voting marked against some, viz.: "Disagreed," "Refused," "Agreed 
 to"; others have nothing marked, presumably those the object of which 
 had been secured by other amendments. 
 
 The fourth proposal on this list, respecting the provision of State mili- 
 tia, reads: "That the Liberties of the People may be better secured against 
 the danger of regular Troops or Standing Armys in time of Peace." 
 
 64
 
 The eleventh, which was carried and embodied in the Constitution, 
 limits the appointing power of the President as follows: "but the Congress 
 may by Law vest the appointment of such inferior officers as they may think 
 proper in the President alone, in the Courts of Law, or the Heads of Depart- 
 ments." 
 
 The fifteenth, relating to Treason objects because "no Exception or 
 Provision [is made] for the wife who may be innocent, & ought not to 
 be involvd in Ruin from the Guilt of the Husband." This was rejected by 
 the Convention and the clause remained "during ihe life of the person 
 attainted." 
 
 Regarding the Fifth Article of the Constitution he says: "By this 
 Article Congress only have the power of proposing Amendments at any future 
 time to this Constitution, & shoud it prove ever so oppressive, the whole people 
 of America cant make, or even propose, Alterations to it; a doctrine utterly 
 subsersive [subversive] of the fundamental principles of the Rights and Liber- 
 ties of the People." 
 
 Other proposals relate to the office of Vice President, the Journal of the 
 Senate, navigation acts, taxes and duties on trade between States, etc. 
 
 76 MASON (GEORGE). Autograph Document, presumably by a Member 
 of the Constitutional Convention, with interesting corrections and addi- 
 tions in George Mason's autograph. \% pp., 4to. [1787.] Preserved 
 under silk gauze. 
 
 Kate Mason Rowland, in her life of George Mason, calls this a chip 
 from the convention in an unknown hand, and reprints it entire in the 
 appendix. The document is of considerable interest, as it is in substance 
 the same as the parts of Article III of the completed Constitution, relating 
 to the Judiciary, the difference in the drafts being largely in form. 
 
 There are several interlineations in Mason's hand, and a large para- 
 graph moving that Judges hold their offices during good behaviour is crossed 
 out, presumably by Mason, as such motions were sure to meet his strongest 
 opposition.
 
 RANDOLPH'S DRAFT 
 
 77 RANDOLPH (EDMUND). Autograph Document. Draft of his Propo- 
 sitions for the Constitution offered in the Committee of Detail of the 
 Convention, with amendments by Edward Rutledge. 9 pp., folio, pre- 
 served under silk gauze. 5 pieces. 
 
 Edmund Randolph, Governor of the State and leader of the Virginia 
 delegation to the Federal Convention, introduced the general plan (the 
 first offered) of a Constitution. He also drafted a detailed proposition of 
 his own, which was discovered in 1887 among the papers of George Mason. 
 THE DOCUMENT DESCRIBED ABOVE is that draft, which was used as a basis 
 of discussion by the Committee of Detail on which he served. At the close 
 of the Convention of 1787, its secretary, William Jackson, made a holo- 
 caust of the papers on his table and many documents of historic value 
 were destroyed. Fortunately a few of the members realized what momen- 
 tous history was made in those months, and rescued papers to which they 
 could make personal claim. Among these was George Mason, who retained 
 this most important document by Randolph, with the others here de- 
 scribed. 
 
 It is really a preliminary plan for a Constitution one of detail as well 
 as general principles. Numerous erasures and interpolations occur, many 
 in the hand of Edward Rutledge, some of which suggest consultation 
 with other leaders. As each item was disposed of it was ticked off. The 
 title "House of Delegates" is one of several indications that its author 
 began on the basis of the Virginia Constitution (the first republican Con- 
 stitution ever written), which he helped to frame in his twenty-third year. 
 
 Some of the items and clauses scored out and rejected exhibit the 
 variety of ideas and opinions in the Committee as to the requirements, 
 provisions, and restrictions thought necessary for the safe conduct of the 
 Union. The confused look of the MS. in places bears evidence of the 
 opposition each new proposal was subjected to before it was considered 
 safe. One of the provisions scored out as rejected concerned the qualifi- 
 cations of citizenship which were sanity of mind, residence for one year, 
 possession of real property within the State, or enrolment in the militia 
 for one year. Another original proposition was the arrangement for the 
 payment of Senators, which required a jury of merchants and farmers to 
 declare what was the average value of wheat during the past six years in 
 the State where the Legislature was sitting, and for the six subsequent 
 years the Senators were to receive per diem the average value of a certain 
 number of bushels of wheat. The Executive power, according to this plan, 
 was to be vested in a single person, elected by the Legislature by ballot. 
 
 66
 
 RANDOLPH'S DRAFT OF A CONSTITUTION 
 
 [Number 77]
 
 He was to hold office for seven years and be ineligible thereafter. An amend- 
 ment by Rutledge at this point suggested the title of "Governor of the 
 United People and States of America:' The document is rich in ideas which 
 served as a basis for the construction of the Constitution of the United 
 States. 
 
 The last page is an outline or draft of "An address to satisfy the people 
 of the propriety of the proposed reform:' This is entirely in Randolph's 
 hand. It was evidently his plan, when the Constitution was to be sub- 
 mitted to the people, to address the country at large, through a communi- 
 cation explaining the principles of the proposed Constitution and advocat- 
 ing its adoption as the best substitute for the unsatisfactory Articles of 
 Confederation which were then very weakly holding the Union together. 
 
 FIRST PRINTED DRAFT 
 
 78 FIRST PRINTED DRAFT OF THE CONSTITUTION OF THE 
 UNITED STATES. Five printed proof sheets of the Constitution, 
 with Manuscript Notes, Amendments, and Interlineations in the auto- 
 graph of George Mason. Pp. 3 to 7 (i and 2 missing), 5 pp. folio (edges 
 slightly frayed, and a small hole in 4 sheets from a former fold affecting 
 two or three words, all mounted). 
 
 In James Madison's "Journal of the Constitutional Convention," this 
 appears as the FIRST DRAFT ORDERED TO BE PRINTED. It is the result of 
 the deliberations of that body from May 25 to Aug. 6, 1787. The form 
 is that reported by the Committee of Detail (or Committee of Five) con- 
 sisting of Rutledge, Randolph, Wilson, Ellsworth, and Gorham. It com- 
 prises twenty-three Articles, whereas the final form is condensed into 
 seven. Unfortunately the present copy lacks the first two sheets, which 
 contain Articles I to 5 and the first nine sections of Article 6. Each mem- 
 ber received a copy and the separate articles were taken up for debate in 
 detail. As they were agreed to, rejected, or modified, notes to that effect 
 were made on this copy by George Mason. 
 
 One of the interesting points about this draft is the plan of the Execu- 
 tive as compared with that finally adopted. The Executive power was to 
 be vested in a single person, elected by the Legislature, and holding his 
 office for seven years, and ineligible for election a second time. The mar- 
 ginal notes appear to be both personal objections on Mason's part and 
 amendments as the result of debate. The clauses and sections which 
 were later embodied in the second draft are here indicated as "agreed." 
 
 68
 
 The clause relating to Legislative power to subdue rebellion in any State 
 was rejected and left to be reconsidered. The section providing for the 
 settlement of disputes between States was disagreed to for obvious reasons, 
 as being too involved. Mason's influence can be seen in Article XXI, 
 which specifies what shall constitute ratification. His jealousy for State 
 rights is here displayed in the MS. amendment at the end of the clause: 
 " The ratification of nine States shall be sufficient for organizing the Consti- 
 tution between such States." This is marked "agreed." 
 
 THIS IS THE FIRST DRAFT OF THE PROPOSED CONSTITUTION ORDERED 
 TO BE PRINTED BY THE FEDERAL CONVENTION. It W3S secretly Struck off 
 
 for the members as a basis for the continuation of the discussion. Both 
 this and the later drafts are of the greatest rarity, the number printed 
 being probably not over sixty copies. Nearly all copies were destroyed. 
 Ford, in his Bibliography of the Constitution, locates only four copies, 
 two in the archives of the Department of State, and one each in the 
 Library of Congress and the Massachusetts Historical Society. This Draft 
 was printed by Dunlap of Philadelphia. 
 
 SECOND PRINTED DRAFT 
 
 79 FOUR PRINTED PROOF SHEETS OF THE PROPOSED CON- 
 STITUTION OF THE UNITED STATES, with Manuscript Objec- 
 tions, Amendments, and Interlineations in the autograph of George 
 Mason. 4 pp., folio, printed, with 2 pp. folio of manuscript matter on 
 the reverse of two of the printed leaves. Two preserved under silk 
 gauze and two mounted (and very slightly damaged in former fold, 
 making illegible one or two words). 
 
 On August 6, 1787, the Committee of Detail reported a draft of a Consti- 
 tution. This draft, drawn up principally from the first set of resolutions 
 submitted by Edmund Randolph, was debated until September 8th, dur- 
 ing which period many other resolutions were introduced, some adopted 
 and others rejected. On September I2th another revision of style and 
 rearrangement of articles was made, when it was ordered that printed copies 
 be furnished the members. On the next day they were distributed. The 
 present is Mason's copy of that draft, THE SECOND PRINTED FORM OF THE 
 PROPOSED CONSTITUTION OF THE UNITED STATES. No doubt this was 
 printed by Dunlap, as the first certainly was. 
 
 Many of the amendments, corrections, and interlineations on this draft 
 in Mason's autograph were embodied in the final version as submitted for 
 
 69
 
 ratification to the State Conventions. They were the subjects of long and 
 earnest discussion among the delegates, and represent decisions of the 
 greatest importance. 
 
 Following are some of the most important and interesting of the manu- 
 script corrections and interlineations which are found embodied in the 
 present Constitution. Where they were adopted in their entirety the 
 whole paragraph is quoted, and ALL WORDS IN MASON'S HANDWRITING 
 
 ARE HERE QUOTED IN ITALICS. 
 
 In Article I, Sect. 2, third paragraph, the word "servitude" has been 
 changed to read "service." This paragraph also reads: "The number of 
 representatives shall not exceed one for every forty thousand." In the 
 final version the words "forty thousand" were changed to "thirty thou- 
 sand." In the sixth paragraph of Sect. 3, same Article, the words "or 
 affirmation" are inserted after "When sitting for that purpose they shall 
 be on oath." Sect. 4, first paragraph: "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 place of chusing Senators." 
 Sect. 7, fourth paragraph, makes it necessary for a bill to be repassed by 
 "two-thirds" of both the Senate and the House after a veto by the Presi- 
 dent; the original reading is "three-fourths." Sect. 8, second paragraph, 
 MS. amendment reads: "but all duties, imposts & excises shall be uniform 
 throughout the United States." Sect. 9, fourth paragraph has been amended 
 to read: "No capitation or other direct tax shall be laid, unless in propor- 
 tion to the census or Enumeration herein before directed to be taken. 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." Sixth para- 
 graph, same section: "No money shall be drawn from the treasury, but 
 in consequence of appropriations made by law; and a regular Statement y 
 Acct. of the Rects. y expenditure of all public money shall be published from 
 time to time." The first paragraph of Sect. 10 has been entirely deleted 
 and the following MS. amendment made: "Sect. 10. No State shall enter 
 into any Treaty, Alliance or Confederation, grant letters of marque y reprisal, 
 coin money, emit Bills of Credit, make anything but Gold or Silver coin a Ten- 
 der in payment of debts, pass any Bill of Attainder, ex post facto Law, or Law 
 impairing the obligations of Contracts, or grant any Title of Nobility." Sect. 
 10, second paragraph, amended to read: "No State shall without the con- 
 sent of Congress lay any Imposts or Duties on Exports or Imports, except 
 what may be absolutely necessary for executing its Inspection Laws y the nett 
 produce of all such Duties and Imposts laid by any State, shall be for the use 
 
 70
 
 - 
 
 .w 
 /*/>., I. r.16?, 
 
 t4fi4~t5 
 
 fl 
 
 enter into any agrccmeuo^lr compafl \vkli anotlicr llatc,-uor wJ'''^* 
 r, unlefs KMH naualiy invaded T' JS 
 
 M- admit 
 It. 
 
 'El 
 
 , 
 l>i > IK, aTrfbt 
 
 It. 
 
 The executive power fliall be verted in a preCidrnt of the United States of America. He 
 is office during the term of four years, and, together with the vicc-pretidcnt, chofcn for 
 
 "- l *t 
 
 The Congtcfs may deterging jhe time of chilling the c! 
 all give their votes; UuUSJuifiSSa iliail bcNthe fame i 
 
 flsall g 
 
 in. 
 
 S<- ( 7. t . The judicial power of the United States, both in law and equity, fliall be vetted in one ' 
 supreme court, andjn fuch inferior courts as the Congrefs may from time to time ordain and 
 rlUblilh. The judges, both of 'the fupreme and inferior courts, fliall hold their offices during 
 good behaviour, and fliall, at dated times, receive for their fervices, acompcofation, which fliall 
 not be diminifhcd during their continuance in office. 
 
 Scil. 2. The judicial power (hall extend to all cafes, bodtio Jaw a/id, equity, arifing under thi 
 conflitution, the laws p! the I'nitcd States, and treaties made, or whicft ui^il be made, under 
 * their 
 
 4 
 
 SECOND PRINTED DRAFT OF THE CONSTITUTION 
 
 [Number 79]
 
 of the Treasury of the United States and all such Laws shall be subject to the 
 Countroul of 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 any war, unless actually invaded or in such danger as will 
 not admit of delay" 
 
 In Article II, Sect. I, the seventh clause amended to: "The President 
 shall at stated times receive for his services, a Compensation which shall 
 neither be encreased nor diminished during the period for which he shall 
 have been elected and he shall not receive within that period any other Emolu- 
 ment from the United States or either of them." A marginal note referring 
 to Sect. 2, which relates to the President's power of pardoning, says: 
 "an amendment offered to except his power of pardon in the case of Treason 
 y vest it in the Legislature, rejected" 
 
 Article V, amended to read: "The Congress, whenever two [thirds of 
 both houses shall deem necessary or on the application] of two-thirds of 
 the legislatures of the several States, shall propose amendments to this 
 Constitution, which shall be valid to all intents and purposes, as part 
 thereof, when the same shall have been ratified by the legislatures of at 
 least y^ihs 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 Con- 
 gress: Provided, that no amendment, which may be made prior to the 
 year 1808 shall in any manner affect the 1st ff $.th clauses in the Qth section 
 of the 1st Article, and that no State without its consent 
 
 There are numerous other minor changes in construction, of import- 
 ance as a whole, but irrelevant to the object here set forth, which is to 
 detail the manuscript amendments, as determined by debate, and which 
 appear as positive articles or clauses of the finally ratified Constitution. 
 
 At the final meeting of the Convention for the signing of the Constitu- 
 tion, three delegates, George Mason, Edmund Randolph, and Elbridge 
 Gerry, declined giving it the sanction of their names. On the back of two 
 of the sheets of this draft is a formal statement of Mason's objections, 
 drawn up in his autograph and entitled "Objections to this Constitution of 
 Government." Briefly summarized, it would seem that he greatly feared a 
 too strong central government and regarded the powers of Congress as det- 
 rimental to State rights. He construes the representation in the House 
 to be a mere shadow and not the substance of representation of the people, 
 and fears the laws directly affecting the masses were to be made by men 
 not directly concerned and not acquainted with their effects and conse- 
 quences. He looks upon the Senate as a non-representative body and ob- 
 
 72
 
 jects to their authority to originate appropriations, alter money bills, and 
 regulate the salaries of officers appointed by the Executive with the Sen- 
 ate's concurrence. The Federal Judiciary plan is disapproved, as he sees 
 in it a menace to the State courts. The Vice President he regards as an 
 unnecessary officer, who, he says, "for want of other employment is made 
 president of the Senate; thereby dangerously blending the executive 5? legisla- 
 tive powers; besides always giving to some one of the States unnecessary & 
 unjust pre-eminence over the others." The President's power of pardon is 
 another cause for alarm, which power, he says, "may be sometimes exercised 
 to screen from punishment those whom he had secretly instigated to commit 
 the crime, & thereby prevent a Discovery of his own Guilt." Next he points 
 out the opposite interest of the five Southern to the eight Northern States, 
 and claims that commercial regulations could be forced through the Sen- 
 ate by these Northern States to the great injury and impoverishment of 
 the Southern States. In closing he says: "77m Government will set out a 
 moderate Aristocracy; it is at present impossible to foresee whether it will, 
 in its operation, produce a Monarchy, or a corrupt tyrannical Aristocracy; 
 it will most probably vibrate some years between the two, and then terminate 
 in the one or the other." 
 
 THE IMPORTANCE AND VALUE OF THIS DOCUMENT ARE INCREASED BY 
 THE FACT THAT NEARLY ALL SUCH PAPERS WERE DESTROYED. FORD 
 SUCCEEDED IN LOCATING ONLY THREE COPIES IN PUBLIC INSTITUTIONS 
 THE DEPARTMENT OF STATE, THE LIBRARY OF CONGRESS, AND THE MAS- 
 SACHUSETTS HISTORICAL SOCIETY, AND ONLY ONE OTHER COPY is KNOWN 
 TO BE IN PRIVATE HANDS, AND THAT IS NOT AVAILABLE FOR PUBLIC SALE. 
 
 IT WOULD BE DIFFICULT TO IMAGINE A MORE INTERESTING ITEM OF 
 AMERICANA THAN THIS, SHOWING AS IT DOES THE GRADUAL AND CAREFUL 
 CONSTRUCTION OF THE CONSTITUTION OF OUR REPUBLIC. 
 
 73
 
 LEE AND MASON LETTERS AND DOCUMENTS 
 
 80 LEE (RICHARD HENRY). Autograph Document, itf pp., large folio, 
 preserved under silk gauze; and mounted wrapper with full address, 
 also in Lee's hand, to "George Mason, Esquire, of Gunston Hall, in 
 Fairfax County, Richmond, Virginia," franked and dated "Richd. H. 
 Lee, 1787 [Alexandria, Nov. 2]." 2 pieces. 
 
 This document contains many suggestions which Mason embodied in 
 his Declaration of Rights as amendments to the Federal Constitution 
 when it was presented to Virginia for ratification. Among them are: Lib- 
 erty of Conscience, Freedom of the Press, Trial by Jury in Vicinage of 
 Accused, Right of Popular Assembly and Petition, Opposition to Standing 
 Armies and Excessive Bail, etc. Virginia's Declaration of Rights was the 
 first to be drafted and adopted in America, and the first anywhere in which 
 the majesty of the individual, without qualification, is asserted. Many of 
 the "Rights" were eventually accepted by Congress and the States as 
 amendments to the Federal Constitution. 
 
 Lee was one of the most earnest opponents of the adoption of the Fed- 
 eral Constitution; his fear that a consolidated national power would ulti- 
 mately destroy the State governments, and his firm individualist outlook 
 are clearly shown in the opening sentences of his present document. " It having 
 been found from universal experience that the most express declarations and 
 reservations are necessary to protect the just rights and liberty of Mankind 
 from the silent, powerful, and ever active conspiracy of those who govern . . . 
 [and] such precautions are proper to restrain and regulate the exercise of the 
 great powers necessarily given to Rulers." 
 
 8 1 MASON (GEORGE). Autograph Document, 5 pp., small 410, headed 
 "Amendments Proposed to the new Constitution of Government"; and 
 another draft of the second part of the same, viz., the Amendments 
 added to the Declaration of Rights, 4 pp., small 410. All preserved 
 under silk gauze. [1787-88.] 
 
 These documents include all of the amendments to the Federal Con- 
 stitution submitted to Congress by Virginia. They embrace a "Declara- 
 tion of Rights" and a list of thirteen amendments, as described below. 
 
 They are in two portions, both commencing: " That there be a Declara- 
 tion or Bill of Rights, asserting, and securing from Encroachment the essen- 
 tial and unalienable Rights of the People, in some such Manner as the follow- 
 ing." In the first portion the Bill of Rights immediately follows, each 
 paragraph numbered I to 20, with numbers interchanged. The sense of 
 
 74
 
 *** 
 
 
 i 
 
 e^^tfu4+6>*4A4, 4~ &#**** ^ie^tt^ i&*$c2i& ^y : 
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 *s '/ - ' / ; , i'." 7 " 
 
 & e^t.#l: :(~trt- ffic /i*t.&&ts 2<tjLff^fte^ct^ f ' i)>u&-/fctfl ) U*lttX, (y e^n-ff/tA-fa 
 
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 / ^ ' / 
 
 /, . , ^^^^.2^^^ 
 
 -fatrej iA$.{i4--t'fre4!e6&' & 
 
 MASON'S DECLARATION OF RIGHTS 
 
 [Number 81]
 
 the various sections of this Bill of Rights is largely that of the original 
 Declaration of Rights of Virginia, drawn up by Mason in 1776, though 
 the form in some cases differs slightly and the sixteen clauses of the Declar- 
 ation are here extended to twenty. Sections I, 2, 4, 5, 7, n, 13, 16, 17, 
 and 20 of the present "Bill" are substantially the same as Sections I, 2, 
 4, 5, 7, 10, 9, n, 12, and 14, of the "Declaration." 
 
 Section 3 here contains the addition of "and that the doctrine of non- 
 resist[ance] against arbitrary power and oppression is absurd, slavish, and 
 destructive of the good and happiness of mankind" ; Section 6 is preceded by 
 the assertion, " That the Right of the People to participate in the Legislature 
 is the best Security of Liberty, and the foundation of all free Government" ; 
 Section 8 excepts "time of actual War, Invasion, or Rebellion' ; Section 9 
 is embodied in 8 of the Declaration; Section 14 limits and disapproves of 
 the granting of search warrants; Section 16 adds the Right to Freedom of 
 Speech; Section 15 asserts the Right of Public Assembly and of Petition; 
 Section 17 adds "That the People have a Right to bear arms"; Section 18 is 
 " That no Soldier in time of Peace ought to be quartered in any House with- 
 out the Consent of the Owner, and in time of war only by the Civil Magistrate 
 in such manner as the laws direct" ; and Section 19, " That any person reli- 
 giously scrupulous of bearing arms ought to be exempted, upon payment of 
 an Equivalent, to employ another to bear Arms in his Stead." 
 
 The second portion begins: "And that there be also the following Amend- 
 ments to the Constitution." Immediately following are the thirteen amend- 
 ments, the first : " That each State in the Union shall retain its Sovereignty, 
 Freedom and Independence, and every power, jurisdiction and right, which 
 is not by this Constitution expressly delegated to the Congress of the United 
 States." Others relate to Representatives; the powers of Congress in 
 elections, and in taxation and excise; impeachment; the restriction of 
 Representatives, Senators, and Judges from holding any other office dur- 
 jng their terms of service, etc. The sixth amendment proposes " That there 
 shall be a constitutional responsible Council, to assist in the administration 
 of Government, with the power of chusing out of their own Body a President, 
 who in case of Death, Resignation or Disability of the President of the United 
 States, shall act, pro tempore, as Pice-President, instead of a V ice-President 
 elected in the manner prescribed by the Constitution," etc. Amendments 7 
 to 1 1 forbid Navigation Laws without the consent of two-thirds of both 
 Houses, Standing Armies in times of Peace, and the President from com- 
 manding the Army or Navy in person without a like majority, the enlist- 
 ment of soldiers for over four years, and a mutiny act for a longer period 
 than two years. 
 
 The document throughout is in the autograph of George Mason. He 
 
 76
 
 was one of Virginia's delegates to the Federal Convention, and one of the 
 three who refused to sign the Constitution. Mason was again chosen a 
 member of the State Convention to ratify or reject the Constitution on 
 its presentation to Virginia. He led his State's opposition to its ratifica- 
 tion and so determined did that become that many of those who saw how 
 indispensable a strong Federal power was, despaired of the adoption of the 
 only instrument that provided it. It was with the greatest satisfaction 
 to all its friends that Virginia finally ratified the Federal Constitution, 
 practically assuring its success, although adding the present amendments, 
 many of which were subsequently accepted by Congress. 
 
 The draft of the second part (in another hand) would seem to be an 
 earlier one, and was probably written by a member of the convention for 
 his convenience in debate. All of the clauses up to the tenth are in effect 
 similar to that described above, although in a few places the language 
 differs slightly. Those sections not included in the version in Mason's 
 hand relate to Militia; the power of Congress in legislation; the Judicial 
 power over diplomatic officers and in controversies between States; criminal 
 prosecutions, etc. 
 
 A few changes and corrections, and the re-arrangement of the numbers 
 would indicate that this was the completed draft submitted to the Conven- 
 tion by Mason, and that the alterations were made in debate. The im- 
 portance of this document can be appreciated only by keeping in view the 
 fact that the ratification of the Constitution by a majority of the Conven- 
 tion was contingent on the submission to Congress of these amendments, 
 and that by submitting them to Congress Virginia implicitly informed the 
 country that by her ratification she did not relinquish but re-asserted 
 those State rights which in the minds of many of her statesmen were 
 more important than the adoption of the Federal Constitution. 
 
 MASON (GEORGE). Autograph Document, 2 pp. small folio, relating 
 to the work of the Virginia State Convention appointed to ratify or reject 
 the proposed Federal Constitution. [1788.] Preserved under silk gauze 
 (small corner cut off, eliminating probably two words). 
 One side contains four forms of the resolution to embody the Declara- 
 tion of Rights and Amendments in the Constitution. The forms differ 
 somewhat, the final one being that ratification should be made after the 
 adoption of the Amendments, and that the Rights and Amendments be 
 communicated to the other States of the American Union. The first part 
 of this form was carried and ratification made conditional on the submis- 
 sion to Congress of the Amendments. 
 
 The other side contains a resolution of very great interest, evidently 
 
 77
 
 made before the final adjournment of the State Convention, but after the 
 ratification of the Constitution on June 25, 1788. It says that a letter 
 received by Governor Randolph of Virginia from Governor Clinton of New 
 York suggesting "free and cordial Intercourse & communication of Senti- 
 ments between the Conventions," should have been laid before the Virginia 
 Convention for consideration but was withheld until the day after the 
 ratification. While the conventions of Virginia and New York were sit- 
 ting, great anxiety was felt for the Constitution, which then required 
 ratification by one more State to become effective. Governor Randolph 
 was a warm advocate of ratification and this resolution proves that he 
 dreaded collusion between the opponents of the Constitution in the two 
 States to such an extent that he withheld the communication from New 
 York, the delivery of which to the Virginia convention might have seriously 
 strengthened the hands of the opponents of ratification and resulted in 
 ultimate abandonment of the Federal Constitution. The majority in Vir- 
 ginia in favor of ratification was only ten, and this majority was not ob- 
 tained till the Bill of Rights and a long list of Amendments had been drawn 
 up to be submitted to Congress. 
 
 83 LEE (RICHARD HENRY). Autograph Letter Signed, 4 pp., 410, New 
 York, October i, 1787. Preserved under silk gauze. To [George Mason], 
 regarding Congressional action on the proposed Constitution. 
 
 Richard Henry Lee was sitting in Congress as a member from Virginia 
 when the proposed Constitution was reported to that body, and he earnestly 
 opposed its adoption. He thought the granting of broad powers to the Exec- 
 utive and Congress would gradually weaken the State governments and 
 eventually obliterate them as units in the government. He was most zealous 
 of the retention of State rights and took the gloomy view that its adoption, 
 without the amendments advocated by the majority of the Virginia and 
 South Carolina delegates, would eventually result in a Civil War. It is 
 interesting here to note that thus early the interests of the North and South 
 were thought to be in opposition, and that a prediction was made which 
 eventually came true. He writes in part: 
 
 " The greatness of the powers given, & the multitude of Places to be created, 
 produces a coalition of Monarchy men, Military men, Aristocrats, and Drones, 
 whose noise, impudence y zeal exceeds all belief Whilst the Commercial 
 plunder of the South stimulates the rapacious trader. In this state of things, 
 the Patriot voice is raised in vain for such changes and securities as reason 
 
 78
 
 > f 
 
 , 
 ^^^^^(9^ 
 
 *'* 
 
 *Y sKt-s L*c-?T^' / fa'l^vL4**r 
 
 
 LEE'S OBJECTIONS TO THE CONSTITUTION 
 
 [Number 83]
 
 and Experience prove to be necessary against the encroachments of power 
 upon the indispensable rights of human nature. Upon due consideration of 
 the Constitution under which we now act, some of us were clearly of the opinion 
 that the i$th Article of the Confederation precluded us from giving an opinion 
 concerning a plan subversive of the present system and eventually forming a 
 New Confederacy of Nine instead of 13 States. The contrary doctrine was 
 asserted with great violence in expectation of the strong majority with which 
 they might send it forward under terms of much approbation. Having pro- 
 cured an opinion that Congress was qualified to consider, to amend, to approve 
 or disapprove the next game was to determine that tho a right to amend existed, 
 it would be highly inexpedient to exercise that right; but merely to transmit 
 it with respectful marks of approbation In this state of things I avail my- 
 self of the right to amend, & move the amendments, copy of which I send here- 
 with y called the ayes sf nays to fix them on the journal This greatly 
 alarmed the Majority & vexed them extremely for the plan is, to push the 
 business on with great dispatch, and with as little opposition as possible; that 
 it may be adopted before it has stood the test of reflection fcs? due examination 
 They found it most eligible at last to transmit it merely, without approving or 
 disapproving; provided nothing but the transmission should appear on the 
 Journal This compromise was settled and they took the opportunity of in- 
 serting the word Unanimously, which applied only to simple transmissions, 
 hoping to have it mistaken for an Unanimous approbation of the thing It 
 states that Congress having received the Constitution unanimously transmit it 
 &c. It is certain that no Approbation was given This Constitution has a 
 great many excellent regulations in it, and if it should be reasonably amended 
 would be a fine system As it is, I think 'tis past doubt that if it should 
 be established, either a tyranny will result from it, or it will be prevented by a 
 Civil War I am clearly of opinion with you that it should be sent back 
 with amendments reasonable and assent to it with-held until such amendments 
 are admitted, 9 ' etc. 
 
 Then follow suggestions for bringing about concerted action between 
 Virginia and South Carolina to enforce the amendments before ratification 
 by the State Conventions. 
 
 84 LEE (RICHARD HENRY). Autograph Letter Signed, 4 pp., folio. 
 Chantilly [Va.], June the 9th, 1779. Preserved under silk gauze (outer 
 margins, before being strengthened were slightly frayed but are not in 
 any part illegible). 
 
 Presumably addressed to George Mason, among whose papers it was 
 found. Mason had been elected to Congress, and although he refused to 
 
 80
 
 serve he carried on an extensive correspondence with prominent Virginians 
 and was of great service to the Colony in keeping alive an enthusiastic in- 
 terest in public affairs. 
 
 The letter largely relates to and severely condemns the peculations 
 then so disturbing the public confidence. He writes: " The force of party, 
 and the power of fortune, it seems to me, are leagued to distress if not to ruin 
 America. . . . The inundation of money appears to have overflowed virtue, 
 and I fear will bury the liberty of America in the same grave. . . . Now, to 
 get into office is another thing for getting into wealth on public funds and to 
 the public injury." "In choosing the executive officers of the government, 
 integrity, ability, and industry must be attended to, or we are inevitably ruined. 
 . . . To me it appears of indispensable necessity that instructions be given 
 to your delegates in terms peremptory and express that they move Congress 
 that the most immediate and effectual settlement be made of all public ac- 
 counts." He deprecates the action of the Assembly in issuing another 
 million pounds and is apprehensive of its effect on other States. Of mili- 
 tary matters he writes: "It is, I think, to be feared, that the enemies' late 
 success in this State will encourage other visits." He wishes that all stores 
 and provisions might be further removed from the Ships of War as they 
 are a continual temptation, and suggests that moveable batteries in the 
 form of "Gallies" be provided, as "Forts on land will be avoided when the 
 foe is weak, and always fall when they are strong." He mentions also the 
 coming of peace and, in connection with it, "Navigation of the Mississippi 
 and our domestic fishery on the Banks of Newfoundland." 
 
 85 MASON (GEORGE). Autograph Letter Signed, ^/ 2 pp., folio. Gunston 
 Hall [Va.], Octor. iQth, 1782. To Edmund Randolph, Attorney General, 
 Richmond. With addressed wrapper. Each piece preserved under silk 
 gauze. 4 pieces. 
 
 Very important letter, closely written, dealing with the question of 
 Virginia's Western territory. He says: "/ quitted my seat in the House of 
 Delegates, from a conviction that I was no longer able to do any essential 
 Service. Some of the public Measures have been so contrary to my Notions 
 of policy and of Justice, that I wished to be no longer concerned with, or an- 
 swerable for them, and to spend the Remnant of my Life in Quiet and Retire- 
 ment. Yet with all her faults, my Country will ever have my warmest wishes 
 and Affections; and I would at any time, most cheerfully, sacrifice my own 
 Ease and domestic enjoyment to the Public-Good: but tho' I look upon assert- 
 ing the Right to our Western Territory, and thereby putting a Stop to the dan- 
 Si
 
 gerous usurpations of Congress, before they shall have been established into 
 precedents, to be a matter of the utmost Importance, I do not know that it is 
 in my power to give the Committee any assistance." 
 
 He recounts the information and evidence he had previously submitted, 
 mentioning "Col. Washington, now His Excellency General Washington" 
 and "the present Revolution," giving a very important historical sketch of 
 the Western lands. Referring to the mutual guarantees to the States, he 
 says: "It was upon these express conditions that Virginia acceded to the 
 Articles of Confederation: the present attempt therefore to dismember Virginia, 
 without her Consent, is a flagrant Breach of Public Faith, and if Carry ed into 
 Execution, dissolves the federal Compact. . . . Congress are properly the 
 Delegates of the different States, with certain powers defined. . . . They may 
 in time proceed to fill up their own Vacancy s, vote themselves members for 
 life, and what not! . . . Posterity will reflect with indignation, that this 
 fatal Lust of Sovereignty which lost Great Britain her western World . . . 
 shoud even during our contest against it, be revived among ourselves, and fos- 
 tered by the very men who were appointed to oppose it." 
 
 He continues to urge resistance, giving many interesting arguments on 
 behalf of Virginia's retention of all her lands, and counselling firmness in 
 contending for the rights of the separate States. 
 
 The history of this dispute and the evidence it shows of the increasing 
 weight of national opinion and necessity are of the utmost interest in that 
 contentious, formative period. Virginia's claim to the Western lands had, 
 since the outbreak of war, been questioned by the other States and she had 
 only recently, as a compromise, offered to cede to the United States the 
 territory above the Ohio. This Congress refused to accept, and it was over 
 a year after the date of this letter and after a dispute into which much bit- 
 terness was injected, that Virginia assented to the cession of all of her terri- 
 tory excepting her present boundaries and those of West Virginia and 
 Kentucky. In return Virginia demanded and it was accorded that her 
 soldiers in the Revolution be allowed certain parts of the ceded lands. 
 
 86 [MASON (GEORGE).] George Mason, of Virginia. [By Judge Bland], 
 taken from Niles's "Principles and Acts of the Revolution." Fragment 
 consisting of pp. 121-128. 8 pp., 8vo, all preserved under silk gauze. 
 [Baltimore, 1822.] 
 
 82
 
 ORIGINAL UNPUBLISHED DIARY 
 OF JAMES McHENRY IN THE 
 
 CONSTITUTIONAL CONVENTION 
 
 MINIATURE OF WASHINGTON 
 
 PAINTED BY WILLIAM BIRCH 
 
 CONSIGNED FOR SALE BY 
 MR. JOHN McHENRY 
 
 OF BALTIMORE, MD.
 
 UNPUBLISHED MANUSCRIPT JOURNAL OF THE FED- 
 ERAL CONSTITUTIONAL CONVENTION BY JAMES 
 McHENRY, DELEGATE FROM MARYLAND 
 
 87 McHENRY (JAMES, Secretary on the Staff of General Washington, 
 and second Secretary of War). Original Manuscript Diary or Journal 
 kept during his attendance at the Federal Constitutional Convention, 
 from May 25, the opening, to September 18, the closing, day. About 
 75 P a 8 es > 8vo, in contemporary undressed calf. 1787. 
 
 James McHenry, delegate from Maryland, took an active part in the 
 formation of the Constitution. He labored hard and successfully in his 
 own State to bring about its ratification, notwithstanding the powerful 
 opposition of Luther Martin and Samuel Chase. 
 
 This Journal gives a remarkably clear account of the deliberations of 
 the Federal Convention. McHenry took his seat on the opening day of 
 the session and, realizing the importance and historic value of the forth- 
 coming proceedings, kept this record from day to day. The first entry is 
 dated Philadelphia, 14 May, 1787. Nothing of importance took place, 
 however, until the 25th when, as stated in the Journal, "seven States being 
 represented, viz. : New v ork, New Jersey, Pennsylvania, Delaware, Vir- 
 ginia, North Carolina, and South Carolina, George Washington was unani- 
 mously elected President of the Convention." A committee was then 
 appointed to prepare and report rules for conducting business. This detail 
 being satisfactorily arranged, Governor Edmund Randolph of Virginia 
 opened the business of the Convention. He proceeded to outline the 
 objections to the "Articles of Confederation," the inadequacy of which called 
 forth this meeting. Randolph's speech is given in full, in addition to the 
 resolutions he offered as a basis or working plan for the Constitution. 
 These resolutions were fifteen in number and bore the distinction of being 
 the first plan to be offered for the closer and firmer welding of a Union 
 which had been rapidly drifting towards dissolution. After Mr. Ran- 
 dolph's address and resolutions, the Convention resolved itself into a 
 committee of the whole "to take into consideration the state of the Amer- 
 ican Union." 
 
 On May 3Oth began the true battle between the partisans of State 
 rights and the group which favored strong centralized power and after- 
 ward became known as the "Federalists." By this time ten States were 
 represented in the Convention, and Randolph's resolutions were taken up 
 in order. The ist, 2nd, and 3rd resolutions were briefly discussed and 
 apparently left in abeyance, their fate depending on that of the 5th, on 
 which they indirectly hinged. This resolution, which provided that the 
 
 85
 
 second branch of the legislature be elected by the first, out of a number 
 of persons nominated by State legislatures, was negatived. Other details 
 are entered until June ist, when a note reads: "Reed, an express from home 
 that my brother lay dangerously sick in consequence of which I set out imme- 
 diately for Baltimore" 
 
 McHenry was back in his seat on August 4th, having left Baltimore 
 on the 2nd. It might be said that at this time began the real formative 
 period in earnest. The first entry after his return, dated the 4th, is of 
 great interest and importance. It reveals, probably for the first time, the 
 name of the printer of the first draft of the Constitution, which was known 
 to have been printed in great secrecy. The entry reads: "Returned to 
 Philada. The Committee of Constitution ready to report. Their report in 
 the hands of Dunlap the printer to strike off copies for the members." The 
 final draft, which was sent to Congress for ratification, bears the name of 
 the printers "Dunlap and Claypoole," but the first and second drafts, 
 described elsewhere in this catalogue, bore no indication whatever of the 
 printer. 
 
 On August 6th the Convention adjourned till the following day to give 
 the members an opportunity to consider the report. Mr. McHenry sug- 
 gested a meeting with Messrs. Carroll, Jenifer, Mercer, and Martin, of the 
 Maryland delegation, to confer on the report and to prepare to act in uni- 
 son. This stormy conference took place at Mr. Carroll's lodgings and, 
 finding that they could come to no conclusion, another meeting was de- 
 cided upon for the next evening. As the author writes, " Unless we could 
 appear in unison in the Convention with some degree of unanimity it would 
 be unnecessary to remain in it, sacrificing time & money without being able 
 to render any service." Here occurs an interesting note describing an inci- 
 dent of that meeting. "7 saw Mr. Mercer make out a list of members' names 
 who had attended or were attending in Convention with 'for' and 'against' 
 marked opposite most of them asked carelessly what question occasioned his 
 being so particular, upon which he told me laughingly that it was no question 
 but that those marked with a 'for' were for a King. I then asked him how he 
 knew that, to which he said 'no matter, the thing is so,'" etc. 
 
 In order to fix the opinions of his colleagues, McHenry drew up four propo- 
 sitions on the most consequential articles, to lay before them at their meeting 
 on the following evening. The propositions are given here in full. The Diary 
 then proceeds with the business of the Convention on the yth. The discussion 
 then centered on the right of suffrage. Gouverneur Morris held that to give 
 that right to all freemen the government would undoubtedly become an 
 aristocracy, as it would put it in the power of men whose business created 
 numerous dependents. Dr. Franklin also spoke on the subject: "He ob- 
 
 86
 
 **1**'~~" 
 
 C-S 
 
 ' / 
 
 fc*~ 
 Wt*. 
 
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 f4 
 
 . it u> 
 
 tt- 
 
 / / / n. 
 
 ***-* 
 
 FIRST PAGE OF McHENRY'S UNPUBLISHED DIARY 
 
 [Number 87]
 
 served that in time of war a country owed much to the lower class of citizens. 
 Our late war was an instance of what they could suffer and perform. If denied 
 the right of suffrage it would debase their spirit and detach them from the 
 interest of the country. One thousand of our seamen were confined in English 
 prisons had bribes offered them to go on board English vessels which they 
 rejected." On the evening of that day the meetings in Mr. Carroll's lodg- 
 ings were resumed, Mr. Martin being absent. After discussion of the 
 propositions offered by McHenry and of the propriety of the articles of 
 Constitution as they respected Maryland, they finally agreed to act in 
 concert in the Convention. 
 
 The proceedings of the Convention are then resumed. The disposition 
 of the various articles follows. When the discussion becomes long and 
 opinions strongly clash McHenry gives an outline of the speeches of the 
 various advocates. One of the points which came up on August gth for 
 extended debate was the term of residence in the country necessary to 
 make eligible a candidate for the Legislature. Morris, Mason, Madison, 
 and Franklin spoke at length and with warmth on this matter. From then 
 on matters progressed rapidly although not without debate of every view- 
 point and angle. By September ist the system was in shape to refer to a 
 grand committee. They worked diligently and made some of the most 
 inportant revisions that had thus far been thought of. One of the prin- 
 cipal of these was the plan for the election of the President, which is that 
 of today. On September 8th the whole report was agreed to, and with 
 some amendments was referred to the Committee of Detail. On Septem- 
 ber 1 3th the second printed report was received. This was read, discussed, 
 and a few further changes made, and on the I5th, was ordered engrossed 
 and 500 copies struck. On the lyth the final Constitution was delivered 
 and the delegates proceeded to sign it, Mr. Randolph, Mr. Mason, and 
 Mr. Gerry being the only members present who withheld their names. 
 
 On the page directly preceding this entry the author gives his reasons 
 for signing the Constitution. Although opposed to many parts of the 
 system, he recognized in it the only remedy at hand for the inconveniences 
 which the Union was then laboring under. He also frankly admits that 
 his own judgment might be at fault in too strongly opposing the points 
 with which he disagreed. This statement is signed and dated, Phila. iyth 
 Sept., 1787, the final day of the Convention. On this day Dr. Franklin 
 also made an address in which he gave his reasons for signing, as described 
 here, "It was plain, insinuating, persuasive and in any event of the sys- 
 tem, guarded the Doctor's fame." 
 
 The next day the gentlemen of the Convention dined together at the 
 City Tavern.
 
 On these final pages are given two interesting anecdotes apropos of the 
 Convention and the result of their labors. "A lady asked Dr. Franklin, 
 'Well, Doctor, what have we got, a republic or a monarchy?' 'A republic,' 
 replied the Doctor, 'if you can keep it';" and "Mr. Martin said one day in 
 company with Mr. Jenifer, speaking of the system before Convention, ' I'll be 
 hanged if ever the people of Maryland agree to it.' * I advise you,' said Mr. 
 Jenifer, 'to stay in Philadelphia lest you should be hanged." 
 
 The Journal is of the greatest importance and interest. It embraces 
 practically all events of importance that took place in the Convention. 
 When it is remembered the secrecy with which these proceedings were 
 surrounded, a work of this kind is of the highest historical value, reveal- 
 ing as it does the personal views, opinions, and even ambitions of many 
 of the individuals. 
 
 89
 
 MINIATURE PORTRAIT OF WASHINGTON 
 BY WILLIAM BIRCH 
 
 WASHINGTON (GEORGE). Original Miniature Portrait of Washing- 
 ton, oval, three-quarter face, half length, painted on enamel, by William 
 Birch (contemporary crack across lower part of neck.) Height, 3>^; 
 width, 3 inches. In gilt frame, with small oval ebony frame set in crim- 
 son plush. 
 
 This very beautiful miniature presents Washington in a costume of 
 dark brown velvet, with ruffles of white lace. The complexion is warm and 
 rich, but without the florid tint so often noted in contemporary portraits. 
 The hair is powdered and worn in a queue. 
 
 Elizabeth Bryant Johnson in her "Original Portraits of Washington," 
 writes: "It is said in outline to be drawn precisely like the first Stuart, though 
 the unpleasant impression, arising from the false teeth, is happily avoided." 
 
 The portrait is consigned by Mr. John McHenry of Baltimore, to whose 
 family it has belonged since its purchase by James McHenry, from the 
 artist. Miss Johnson, in the above-named volume, says: "James McHenry 
 of Maryland, who was Washington's Military Secretary, was appointed by 
 him Secretary of War in 1796. About that time be bought a certain minia- 
 ture of Washington, by Birch, selecting it from several in the artist's studio, 
 and esteeming it the finest likeness, notwithstanding it was somewhat disfig- 
 ured by a crack in the enamel." According to the same authority, a fac- 
 simile of this miniature was owned by Charles C. Barney of Richmond. 
 Its owner esteemed it so highly that when he had to run the gauntlet after 
 the evacuation of Richmond, he took it from its frame, secured it on his 
 person, and so was able to save it from possible mishap. 
 
 90
 
 MINIATURE OF GENERAL WASHINGTON 
 PAINTED BY WILLIAM BIRCH 
 
 [Number 88]
 
 REDFIELD-KENDRICI 
 NEW YORK c
 

 


 
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