3. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

4. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

5. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation, or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

6. 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 Emolument from the United States, or any of them.

7. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

SECTION. 2. 1. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

2. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

3. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

SECTION. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

SECTION. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

ARTICLE III.

SECTION. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

SECTION. 2. 1. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects;

2. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

3. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

SECTION. 3. 1. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

2. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

ARTICLE IV.

SECTION. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

SECTION. 2. 1. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

2. A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the Executive Authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the Crime.

3. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

SECTION. 3. 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislature of the States concerned as well as of the Congress.

2. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

SECTION 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

ARTICLE V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths 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 Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

ARTICLE. VI.

1. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

2. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any States to the Contrary notwithstanding.

3. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

ARTICLE VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

DONE in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven, and of the Independance of the United States of America the Twelfth In Witness whereof We have hereunto subscribed our Names,

GO: WASHINGTON—Presidt. and Deputy from Virginia.

New Hampshire. JOHN LANGDON, NICHOLAS GILMAN

Massachusetts. NATHANIEL GORHAM, RUFUS KING

Connecticut. WM. SAML. JOHNSON, ROGER SHERMAN

New York. ALEXANDER HAMILTON

New Jersey. WIL: LIVINGSTON, DAVID BREARLEY, WM. PATERSON, JONA: DAYTON

Pennsylvania. B. FRANKLIN, THOMAS MIFFLIN, ROBT. MORRIS, GEO. CLYMER, THOS. FITZSIMONS, JARED INGERSOLL, JAMES WILSON, GOUV MORRIS

Delaware. GEO: READ, GUNNING BEDFORD JUN, JOHN DICKINSON, RICHARD BASSETT, JACO: BROOM

Maryland. JAMES MCHENRY, DAN OF ST THOS JENIFER, DANL. CARROLL

Virginia. JOHN BLAIR — JAMES MADISON JR.

North Carolina. WM. BLOUNT, RICHD. DOBBS SPAIGHT, HU WILLIAMSON

South Carolina. J. RUTLEDGE, CHARLES COTESWORTH PINCKNEY, CHARLES PINCKNEY, PIERCE BUTLER

Georgia. WILLIAM FEW, ABR BALDWIN

Attest WILLIAM JACKSON Secretary

BIBLIOGRAPHICAL NOTE

There are many comprehensive histories which include the period covered by the present volume, of which a few—without disparaging the other—are deserving of mention for some particular reason. David Ramsay's "History of the American Revolution," 2 vols. (1789, and subsequently reprinted), gives but little space to this particular period, but it reveals the contemporary point of view. Richard Hildreth's "History of the United States," 6 vols. (1849-1852), is another early work that is still of value, although it is written with a Federalist bias. J. B. McMaster's "History of the People of the United States from the Revolution to the Civil War," 8 vols. (1883-1913), presents a kaleidoscopic series of pictures gathered largely from contemporary newspapers, throwing light upon, and adding color to the story. E. M. Avery's "History of the United States," of which seven volumes have been published (1904-1910), is remarkable for its illustrations and reproductions of prints, documents, and maps. Edward Channing's "History of the United States," of which four volumes have appeared (1905-1917), is the latest, most readable, and probably the best of these comprehensive histories.

Although it was subsequently published as Volume VI in a revised edition of his "History of the United States of America," George Bancroft's "History of the Formation of the Constitution," 2 vols. (1882), is really a separate work. The author appears at his best in these volumes and has never been entirely superseded by later writers. G. T. Curtis's "History of the Constitution of the United States," 2 vols. (1854), which also subsequently appeared as Volume I of his "Constitutional History of the United States," is one of the standard works, but does not retain quite the same hold that Bancroft's volumes do.

Of the special works more nearly covering the same field as the present volume, A. C. McLaughlin's "The Confederation and the Constitution" (1905), in the "American Nation," is distinctly the best. John Fiske's "Critical Period of American History" (1888), written with the clearness of presentation and charm of style which are characteristic of the author, is an interesting and readable comprehensive account. Richard Frothingham's "Rise of the Republic of the United States" (1872; 6th ed.1895), tracing the two ideas of local self-government and of union, begins with early colonial times and culminates in the Constitution.

The treaty of peace opens up the whole field of diplomatic history, which has a bibliography of its own. But E. S. Corwin's "French Policy and the American Alliance" (1916) should be mentioned as the latest and best work, although it lays more stress upon the phases indicated by the title. C. H. Van Tyne's "Loyalists in the American Revolution" (1902) remains the standard work on this subject, but special studies are appearing from time to time which are changing our point of view.

The following books on economic and industrial aspects are not for popular reading, but are rather for reference: E. R. Johnson et al., "History of the Domestic and Foreign Commerce of the United States" 2 vols. (1915); V. S. Clark, "History of the Manufactures of the United States, 1607-1860" (1916). G. S. Callender has written short introductions to the various chapters of his "Selections from the Economic History of the United States" (1909), which are brilliant interpretations of great value. P. J. Treat's "The National Land System, 1785-1820" (1910), gives the most satisfactory account of the subject indicated by the title. Of entirely different character is Theodore Roosevelt's "Winning of the West," 4 vols. (1889-96; published subsequently in various editions), which is both scholarly and of fascinating interest on the subject of the early expansion into the West.

On the most important subject of all, the formation of the Constitution, the material ordinarily wanted can be found in Max Farrand's "Records of the Federal Convention," 3 vols. (1910), and the author has summarized the results of his studies in "The Framing of the Constitution" (1913). C. A. Beard's "An Economic Interpretation of the Constitution of the United States" (1913) gives some interesting and valuable facts regarding economic aspects of the formation of the Constitution, and particularly on the subject of investments in government securities. There is no satisfactory account of the adoption of the Constitution, but the debates in many of the State conventions are included in Jonathan Elliot's "Debates on the Federal Constitution," 5 vols. (1836-1845, subsequently reprinted in many editions).

A few special works upon the adoption of the Constitution in the individual States may be mentioned: H. B. Grigsby's "History of the Virginia Federal Convention of 1788," Virginia Historical Society Collections, N. S., IX and X(1890-91); McMaster and Stone's "Pennsylvania and the Federal Constitution, 1787-88" (1888); S. B. Harding's "Contest over the Ratification of the Federal Constitution in the State of Massachusetts"(1896); O. G. Libby's "The Geographical Distribution of the Vote of the Thirteen States on the Federal Constitution, 1787-1788" (University of Wisconsin, "Bulletin, Economics, Political Science, and History Series," I, No. 1,1894).

Contemporary differences of opinion upon the Constitution will be found in P. L. Ford's "Pamphlets on the Constitution," etc. (1888). The most valuable commentary on the Constitution, "The Federalist," is to be found in several editions of which the more recent are by E. H. Scott (1895) and P. L. Ford (1898).

A large part of the so-called original documents or first-hand sources of information is to be found in letters and private papers of prominent men. For most readers there is nothing better than the "American Statesmen Series," from which the following might be selected: H. C. Lodge's "George Washington" (2 vols., 1889) and "Alexander Hamilton" (1882); J. T. Morse's "Benjamin Franklin" (1889), "John Adams" (1885), and "Thomas Jefferson" (1883); Theodore Roosevelt's "Gouverneur Morris," (1888). Other readable volumes are P. L. Ford's "The True George Washington" (1896) and "The Many-sided Franklin" (1899); F. S. Oliver's "Alexander Hamilton, An Essay on American Union" (New ed. London, 1907); W. G. Brown's "Life of Oliver Ellsworth" (1905); A. McL. Hamilton's "The Intimate Life of Alexander Hamilton" (1910); James Schouler's "Thomas Jefferson" (1893); Gaillard Hunt's "Life of James Madison" (1902).

Of the collections of documents it may be worth while to notice: "Documentary History of the Constitution of the United States," 5 vols. (1894-1905); B. P. Poore's "Federal and State Constitutions, Colonial Charters, etc.," 2 vols. (1877); F. N. Thorpe's "The Federal and State Constitutions, Colonial Charters, and other Organic Laws", 7 vols. (1909); and the "Journals of the Continental Congress" (1904-1914), edited from the original records in the Library of Congress by Worthington C. Ford and Gaillard Hunt, of which 23 volumes have appeared, bringing the records down through 1782.

NOTES ON THE PORTRAITS OF MEMBERS OF THE FEDERAL CONVENTION WHO SIGNED THE CONSTITUTION

BY VICTOR HUGO PALTSITS

Forty signatures were attached to the Constitution of the United States in the Federal Convention on September 17, 1787, by thirty-nine delegates, representing twelve States, and the secretary of the Convention, as the attesting officer. George Washington, who signed as president of the Convention, was a delegate from Virginia. There are reproduced in this volume the effigies or pretended effigies of thirty-seven of them, from etchings by Albert Rosenthal in an extra-illustrated volume devoted to the Members of the Federal Convention, 1787, in the Thomas Addis Emmet Collection owned by the New York Public Library. The autographs are from the same source. This series presents no portraits of David Brearley of New Jersey, Thomas Fitzsimons of Pennsylvania, and Jacob Broom of Delaware. With respect to the others we give such information as Albert Rosenthal, the Philadelphia artist, inscribed on each portrait and also such other data as have been unearthed from the correspondence of Dr. Emmet, preserved in the Manuscript Division of the New York Public Library.

Considerable controversy has raged, on and off, but especially of late, in regard to the painted and etched portraits which Rosenthal produced nearly a generation ago, and in particular respecting portraits which were hung in Independence Hall, Philadelphia. Statements in the case by Rosenthal and by the late Charles Henry Hart are in the "American Art News," March 3, 1917, p. 4. See also Hart's paper on bogus American portraits in "Annual Report, 1913," of the American Historical Association. To these may be added some interesting facts which are not sufficiently known by American students.

In the ninth decade of the nineteenth century, principally from 1885 to 1888, a few collectors of American autographs united in an informal association which was sometimes called a "Club," for the purpose of procuring portraits of American historical characters which they desired to associate with respective autographs as extra-illustrations. They were pioneers in their work and their purposes were honorable. They cooperated in effort and expenses, 'in a most commendable mutuality. Prime movers and workers were the late Dr. Emmet, of New York, and Simon Gratz, Esq., still active in Philadelphia. These men have done much to stimulate appreciation for and the preservation of the fundamental sources of American history. When they began, and for many years thereafter, not the same critical standards reigned among American historians, much less among American collectors, as the canons now require. The members of the "Club" entered into an extensive correspondence with the descendants of persons whose portraits they wished to trace and then have reproduced. They were sometimes misled by these descendants, who themselves, often great-grandchildren or more removed by ties and time, assumed that a given portrait represented the particular person in demand, because in their own uncritical minds a tradition was as good as a fact.

The members of the "Club," then, did the best they could with the assistance and standards of their time. The following extract from a letter written by Gratz to Emmet, November 10, 1885, reveals much that should be better known. He wrote very frankly as follows: "What you say in regard to Rosenthal's work is correct: but the fault is not his. Many of the photographs are utterly wanting in expression or character; and if the artist were to undertake to correct these deficiencies by making the portrait what he may SUPPOSE it should be, his production (while presenting a better appearance ARTISTICALLY) might be very much less of a LIKENESS than the photograph from which he works. Rosenthal always shows me a rough proof of the unfinished etching, so that I may advise him as to corrections & additions which I may consider justifiable & advisable."

Other correspondence shows that Rosenthal received about twenty dollars for each plate which he etched for the "Club."

The following arrangement of data follows the order of the names as signed to the Constitution. The Emmet numbers identify the etchings in the bound volume from which they have been reproduced.

1. George Washington, President (also delegate from Virginia), Emmet 9497, inscribed "Joseph Wright Pinxit Phila. 1784. Albert Rosenthal Phila. 1888. Aqua fortis."

NEW HAMPSHIRE

2. John Langdon, Emmet 9439, inscribed "Etched by Albert Rosenthal Phila. 1888 after Painting by Trumbull."

Mr. Walter Langdon, of Hyde Park, N. Y., in January, 1885, sent to Dr. Emmet a photograph of a "portrait of Governor John Langdon LL.D." An oil miniature painted on wood by Col. John Trumbull, in 1792, is in the Yale School of Fine Arts. There is also painting of Langdon in Independence Hall, by James Sharpless.

3. Nicholas Gilman, Emmet 9441, inscribed "Etched by Albert Rosenthal Phila. 1888." A drawing by the same artist formerly hung in Independence Hall. The two are not at all alike. No contemporary attribution is made and the Emmet correspondence reveals nothing.

MASSACHUSETTS

4. Nathaniel Gorham, Emmet 9443. It was etched by Albert Rosenthal but without inscription of any kind or date. A painting by him, in likeness identical, formerly hung in Independence Hall. No evidence in Emmet correspondence.

5. Rufus King, Emmet 9445, inscribed "Etched by Albert Rosenthal Phila. 1888 after Painting by Trumbull." King was painted by Col. John Trumbull from life and the portrait is in the Yale School of Fine Arts. Gilbert Stuart painted a portrait of King and there is one by Charles Willson Peale in Independence Hall.

6. William Samuel Johnson, Emmet 9447, inscribed "Etched by Albert Rosenthal Phila. 1888 from Painting by Gilbert Stuart." A painting by Rosenthal after Stuart hung in Independence Hall. Stuart's portrait of Dr. Johnson "was one of the first, if not the first, painted by Stuart after his return from England." Dated on back 1792. Also copied by Graham Mason, Life of Stuart, 208.

7. Roger Sherman, Emmet 9449, inscribed "Etched by Albert Rosenthal Phila. 1888 after Painting by Earle." The identical portrait copied by Thomas Hicks, after Ralph Earle, is in Independence Hall.

NEW YORK

8. Alexander Hamilton, Emmet 9452, inscribed "Etched by Albert Rosenthal 1888 after Trumbull." A full length portrait, painted by Col. John Trumbull, is in the City Hall, New York. Other Hamilton portraits by Trumbull are in the Metropolitan Museum of Art, New York, the Boston Museum of Art, and in private possession.

NEW JERSEY

9. William Livingston, Emmet 9454, inscribed "Etched by Albert Rosenthal Phila., 1888." A similar portrait, painted by Rosenthal, formerly hung in Independence Hall. No correspondence relating to it is in the Emmet Collection.

10. David Brearley. There is no portrait. Emmet 9456 is a drawing of a Brearley coat-of-arms taken from a book-plate.

11. William Paterson, Emmet 9458, inscribed "Albert Rosenthal Phila. 1888." A painted portrait by an unknown artist was hung in Independence Hall. The Emmet correspondence reveals nothing.

12. Jonathan Dayton, Emmet 9460, inscribed "Albert Rosenthal." A painting by Rosenthal also formerly hung in Independence Hall. The two are dissimilar. The etching is a profile, but the painting is nearly a full-face portrait. The Emmet correspondence reveals no evidence.

PENNSYLVANIA

13. Benjamin Franklin, Emmet 9463, inscribed "C. W. Peale Pinxit. Albert Rosenthal Sc."

14. Thomas Mifflin, Emmet 9466, inscribed "Etched by Albert Rosenthal Phila. 1888 after Painting by Gilbert Stuart." A portrait by Charles Willson Peale, in civilian dress, is in Independence Hall. The Stuart portrait shows Mifflin in military uniform.

15. Robert Morris, Emmet 9470, inscribed "Gilbert Stuart Pinxit. Albert Rosenthal Sc." The original painting is in the Historical Society of Pennsylvania. Stuart painted Morris in 1795. A copy was owned by the late Charles Henry Hart; a replica also existed in the possession of Morris's granddaughter.—Mason, "Life of Stuart," 225.

16. George Clymer, Emmet 9475, inscribed "Etched by Albert Rosenthal Phila. 1888 after Painting by C. W. Peale." There is a similar type portrait, yet not identical, in Independence Hall, where the copy was attributed to Dalton Edward Marchant.

17. Thomas Fitzsimons. There is no portrait and the Emmet correspondence offers no information.

18. Jared Ingersoll, Emmet 9468, inscribed "Etched by Albert Rosenthal after Painting by C. W. Peale." A portrait of the same origin, said to have been copied by George Lambdin, "after Rembrandt Peale," hung in Independence Hall.

19. James Wilson, Emmet 9472, inscribed "Etched by Albert Rosenthal 1888." Seems to have been derived from a painting by Charles Willson Peale in Independence Hall.

20. Gouverneur Morris, Emmet 9477, inscribed "Etched by Albert Rosenthal Phila. 1888 after a copy by Marchant from Painting by T. Sully." The Emmet correspondence has no reference to it.

DELAWARE

21. George Read, Emmet 9479, inscribed "Etched by Albert Rosenthal Phila. 1888." There is in Emmet 9481 a stipple plate "Engraved by J. B. Longacre from a Painting by Pine." It is upon the Longacre-Pine portrait that Rosenthal and others, like H. B. Hall, have depended for their portrait of Read.

22. Gunning Bedford, Jr., Emmet 9483, inscribed "Etched by Albert Rosenthal Phila. 1888." Rosenthal also painted a portrait, "after Charles Willson Peale," for Independence Hall. The etching is the same portrait. On May 13, 1883, Mr. Simon Gratz wrote to Dr. Emmet: "A very fair lithograph can, I think, be made from the photograph of Gunning Bedford, Jun.; which I have just received from you. I shall call the artist's attention to the excess of shadow on the cravat." The source was a photograph furnished by the Bedford descendants.

23. John Dickinson, Emmet 9485, inscribed "Etched by Albert Rosenthal Phila. 1888 after Painting by C. W. Peale." The Peale painting is in Independence Hall.

24. Richard Bassett, Emmet 9487, inscribed "Albert Rosenthal." There was also a painting by Rosenthal in Independence Hall. While similar in type, they are not identical. They vary in physiognomy and arrangement of hair. There is nothing in the Emmet correspondence about this portrait.

25. Jacob Broom. There is no portrait and no information in the Emmet correspondence.

MARYLAND

26. James McHenry, Emmet 9490, inscribed "Etched by Albert Rosenthal Phila. 1888." Rosenthal also painted a portrait for Independence Hall "after Saint-Memin." They are not alike. The etching faces three-quarters to the right, whilst the St. Memin is a profile portrait. In January, 1885, Henry F. Thompson, of Baltimore, wrote to Dr. Emmet: "If you wish them, you can get Portraits and Memoirs of James McHenry and John E. Howard from their grandson J. Howard McHenry whose address is No. 48 Mount Vernon Place, Baltimore."

27. Daniel of St. Thomas Jenifer, Emmet 9494, inscribed "Etched by Albert Rosenthal Phila. 1888 after Trumbull." Rosenthal also painted a portrait for Independence Hall. They are not identical. A drawn visage is presented in the latter. In January, 1885, Henry F. Thompson of Baltimore, wrote to Dr. Emmet: "Mr. Daniel Jenifer has a Portrait of his Grand Uncle Daniel of St. Thomas Jenifer and will be glad to make arrangements for you to get a copy of it.... His address is No. 281 Linden Ave, Baltimore." In June, of the same year, Simon Gratz wrote to Emmet: "The Dan. of St. Thos. Jenifer is so bad, that I am almost afraid to give it to Rosenthal. Have you a better photograph of this man (from the picture in Washington [sic.]), spoken of in one of your letters?"

28. Daniel Carroll, Emmet 9492, inscribed "Etched by Albert Rosenthal, Phila. 1888." Henry F. Thompson, of Baltimore, in January, 1885, wrote to Dr. Emmet: "If you will write to Genl. John Carroll No. 61 Mount Vernon Place you can get a copy of Mr. Carroll's (generally known as Barrister Carroll) Portrait."

VIRGINIA

29. John Blair, Emmet 9500, inscribed "Albert Rosenthal Etcher." He also painted a portrait for Independence Hall. The two are of the same type but not alike. The etching is a younger looking picture. There is no evidence in the Emmet correspondence.

30. James Madison, Jr., Emmet 9502, inscribed "Etched by Albert Rosenthal Phila. 1888 after Painting by G. Stuart." Stuart painted several paintings of Madison, as shown in Mason, Life of Stuart, pp. 218-9. Possibly the Rosenthal etching was derived from the picture in the possession of the Coles family of Philadelphia.

NORTH CAROLINA

31. William Blount, Emmet 9504, inscribed "Etched by Albert Rosenthal Phila. 1888." He also painted a portrait for Independence Hall. The two are alike. In November, 1885, Moses White, of Knoxville, Tenn., wrote thus: "Genl. Marcus J. Wright, published, last year, a life of Win. Blount, which contains a likeness of him.... This is the only likeness of Gov. Blount that I ever saw." This letter was written to Mr. Bathurst L. Smith, who forwarded it to Dr. Emmet.

32. Richard Dobbs Spaight, Emmet 9506, inscribed "Etched by Albert Rosenthal Phila. 1887." In Independence Hall is a portrait painted by James Sharpless. On comparison these two are of the same type but not alike. The etching presents an older facial appearance. On November 8, 1886, Gen. John Meredith Read, writing from Paris, said he had found in the possession of his friend in Paris, J. R. D. Shepard, "St. Memin's engraving of his great-grandfather Governor Spaight of North Carolina." In 1887 and 1888, Dr. Emmet and Mr. Gratz were jointly interested in having Albert Rosenthal engrave for them a portrait of Spaight. On December 9, 1887, Gratz wrote to Emmet: "Spaight is worthy of being etched; though I can scarcely agree with you that our lithograph is not a portrait of the M. O. C. Is it taken from the original Sharpless portrait, which hangs in our old State House? ... However if you are sure you have the right man in the photograph sent, we can afford to ignore the lithograph."

33. Hugh Williamson, Emmet 9508, inscribed "Etched by Albert Rosenthal after Painting by J. Trumbull Phila. 1888," Rosenthal also painted a copy "after John Wesley Jarvis" for Independence Hall. The two are undoubtedly from the same original source. The Emmet correspondence presents no information on this subject.

SOUTH CAROLINA

34. John Rutledge, Emmet 9510, inscribed "Etched by Albert Rosenthal Phila. 1888 after J. Trumbull." The original painting was owned by the Misses Rutledge, of Charleston, S. C.

35. Charles Cotesworth Pinckney, Emmet 9519, inscribed "Etched by Albert Rosenthal Phila. 1888. Painting by Trumbull." An oil miniature on wood was painted by Col. John Trumbull, in 1791, which is in the Yale School of Fine Arts. Pinckney was also painted by Gilbert Stuart and the portrait was owned by the family at Runnymeade, S. C. Trumbull's portrait shows a younger face.

36. Charles Pinckney, Emmet 9514, inscribed "Etched by Albert Rosenthal Phila. 1888." He also painted a portrait for Independence Hall. They are alike. In the Emmet correspondence the following information, furnished to Dr. Emmet, is found: "Chas. Pinckney—Mr. Henry L. Pinckney of Stateburg [S. C.] has a picture of Gov. Pinckney." The owner of this portrait was a grandson of the subject. On January 12, 1885, P. G. De Saussure wrote to Emmet: "Half an hour ago I received from the Photographer two of the Pictures [one being] Charles Pinckney copied from a portrait owned by Mr. L. Pinckney—who lives in Stateburg, S. C." The owner had put the portrait at Dr. Emmet's disposal, in a letter of December 4, 1884, in which he gave its dimensions as "about 3 ft. nearly square," and added, "it is very precious to me."

37. Pierce Butler, Emmet 9516, inscribed "Etched by Albert Rosenthal Phila. 1888." He also painted a portrait for Independence Hall. They are dissimilar and dubious. Three letters in the Emmet correspondence refer to the Butler portraiture. On January 31, 1887, Mrs. Sarah B. Wister, of Philadelphia, wrote to Dr. Emmet: "I enclose photograph copies of two miniatures of Maj. Butler wh. Mr. Louis Butler [a bachelor then over seventy years old living in Paris, France] gave me not long ago: I did not know of their existence until 1882, & never heard of any likeness of my great-grandfather, except an oil-portrait wh. was last seen more than thirty years ago in a lumber room in his former house at the n. w. corner of 8th & Chestnut streets [Phila.], since then pulled down." On February 8th, Mrs. Wister wrote: "I am not surprised that the two miniatures do not strike you as being of the same person. Yet I believe there is no doubt of it; my cousin had them from his father who was Maj. Butler's son. The more youthful one is evidently by a poor artist, & therefore probably was a poor likeness." In her third letter to Dr. Emmet, on April 5, 1888, Mrs. Wister wrote: "I sent you back the photo. from the youthful miniature of Maj. Butler & regret very much that I have no copy of the other left; but four sets were made of wh. I sent you one & gave the others to his few living descendants. I regret this all the more as I am reluctant to trust the miniature again to a photographer. I live out of town so that there is some trouble in sending & calling for them; (I went personally last time, & there are no other likenesses of my great grandfather extant.)"

GEORGIA

38. William Few, Emmet 9518, inscribed "Etched by Albert Rosenthal Phila. 1888." He also painted a portrait "after John Ramage," for Independence Hall. They are identical.

39. Abraham Baldwin, Emmet 9520, inscribed" Etched by Albert Rosenthal Phila. 1888." There is also a painting "after Fulton" in Independence Hall. They are of the same type but not exactly alike, yet likely from the same original. The variations may be just artist's vagaries. There is no information in the Emmet correspondence.

40. William Jackson, Secretary, Emmet 9436, inscribed "Etched by Albert Rosenthal Phila. 1888 after Painting by J. Trumbull." Rosenthal also painted a copy after Trumbull for Independence Hall. They are identical.

THE END