the punctuation, obliteration, and amendments, but did not specify what part was in print and what part in manuscript. It also stated the Constitution to have been reported on the 13th, while the journal showed that it had been reported on the 12th of September. He said he had taken the date from what was written on the Brearley paper itself. I then showed by the journal that the report had been made on the 12th, and ordered to be printed for the use of the members, so that Brearley’s manuscript minute, “Brought into the Convention 13th September,” had reference to the printed paper, and not to the report itself, which had been brought in the day before.
Smyth then struck out of his projected certificate the 13th and inserted 12th; but I still objected that as the copy did not specify what part was print and what part manuscript, it was not fair for comparison with the printed journal of the Convention, which professedly gave only the printed part of Brearley’s paper.
Smyth then cut off his proposed certificate from his copy and threw the certificate away. I immediately picked it up, and asked him to let me have the copy itself—which he refused. He said he meant to keep that himself. I might have a fac-simile of it. A fac-simile of the paper was what he wanted.
I then said that the book had not been printed from the printed paper, but from a copy of it made at this office, and which had been returned to it from the printers, and was still in the office. Smyth said he had what he wanted—the copy from the original paper.
I then said I was ready to explain any variation which there might be between the original paper and the printed book, and, turning to Jackson, I desired him to notice that Smyth had refused to let me have the copy which he had made; adding that I might perhaps be under a necessity of requiring his testimony hereafter.
This at length brought Smyth to; Jackson having repeated to him that I had said I should hereafter need his testimony. I then showed to Jackson the copy of Brearley’s paper, which was sent to the printers at Boston, and from which the book was printed. In this copy the punctuation was not precisely the same as in Brearley’s printed paper, from which it was copied, but it was the same at the passage upon which Smyth wished to fix the charge of falsification. Jackson asked how it was in the copy of the Constitution printed in the first volume of Bioren’s edition of the laws, published under direction of Mr. Monroe when Secretary of State, and Mr. Rush, Attorney-General. Smyth said there were some differences of punctuation in that. I sent for the original roll of the Constitution itself, and for a copy printed from it in 1820 by my direction and then collated with the roll. The punctuation in no two of the
