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diff --git a/3032-h/3032-h.htm b/3032-h/3032-h.htm new file mode 100644 index 0000000..07afff0 --- /dev/null +++ b/3032-h/3032-h.htm @@ -0,0 +1,8303 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" +"http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> +<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> +<head> +<meta http-equiv="Content-Type" content="text/html;charset=utf-8" /> +<meta http-equiv="Content-Style-Type" content="text/css" /> +<title>The Project Gutenberg eBook of The Fathers of the Constitution, by Max Farrand</title> +<link rel="coverpage" href="images/cover.jpg" /> +<style type="text/css" xml:space="preserve"> + + body { margin-left: 20%; margin-right: 20%; text-align:justify;} + p { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + a {text-decoration:none;} + h1,h2 { text-align: center; margin-left: 15%; margin-right: 15%; } + h3 { text-align: center; margin-left: 10%; margin-right: 10%; + font-variant:small-caps; font-weight:normal; font-size:large;} + hr.main { width: 50%; margin-top:2em; margin-bottom:2em;} + hr.break { width: 20%; margin-top:2em; margin-bottom:2em;} + hr.tiny { width: 10%; } + blockquote {font-size: 97%; margin-left: 5%; margin-right: 5%;} + ins {text-decoration:none; border-bottom: thin dotted gray;} + .smcap {font-variant:small-caps;} + .center {text-align:center; } + .pagenum { right: 1%; font-size: x-small; background-color: inherit; color: gray; + text-indent: 0em; text-align: right; position: absolute; + /* To remove the page-numbers, use the hidden visibilty feature */ + /* visibility:hidden; */ + border: 1px solid silver; padding: 1px 2px; + font-style: normal; + font-variant: normal; font-weight: normal; text-decoration: none;} + .sectionnum {font-size:x-small; background-color:inherit; + padding: 1px 1px; + font-style: normal; + font-variant: normal; font-weight: normal; text-decoration: none;} + + table {margin-left:auto; + margin-right:auto;} + td.right {text-align:right;} + td.chaptername {font-variant:small-caps;} + p.noindent { text-indent:0; + margin-left:0; margin-right:0; } + p.signatures { text-indent:0; font-variant:small-caps; + margin-left:15%; margin-right:15%; } + p.footer { text-indent:0; text-align:justify; font-size:80%; } + p.articles { text-indent:0; text-align:center; margin-top:1em; + margin-bottom:1em;} + p.hanging { margin-left:2em; text-indent:0em; } + p.states { text-indent:0; text-align:center; font-style:italic; } + div.contents { margin-right:5%; + margin-left:5%;} + div.footer { border-style:solid; border-color:silver; border-width:thin; + border-top:none; border-bottom:none; + padding-left:10%; padding-right:10%;} + div.titlepage { border-style:solid; border-color:blue; + padding-top:5%; padding-bottom:5%; + margin-right:15%; margin-left:15%; + text-align: center;} + div.chapterhead { padding-top:4em; } + div.noindent { border-style:solid; + padding-top:1em; padding-bottom:1em; + margin-top:1em; margin-bottom:2em; + margin-right:10%; margin-left:10%; + text-align: center;} + +div.fig { display:block; + margin:0 auto; + text-align:center; + margin-top: 1em; + margin-bottom: 1em;} + +</style> + </head> + <body> + +<div style='text-align:center; font-size:1.2em; font-weight:bold'>The Project Gutenberg eBook of The Fathers of the Constitution, by Max Farrand</div> +<div style='display:block; margin:1em 0'> +This eBook is for the use of anyone anywhere in the United States and +most other parts of the world at no cost and with almost no restrictions +whatsoever. You may copy it, give it away or re-use it under the terms +of the Project Gutenberg License included with this eBook or online +at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you +are not located in the United States, you will have to check the laws of the +country where you are located before using this eBook. +</div> +<div style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Title: The Fathers of the Constitution</div> +<div style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Author: Max Farrand</div> +<div style='display:block; margin:1em 0'>Release Date: January, 2002 [eBook #3032]<br /> +[Most recently updated: April 2, 2023]</div> +<div style='display:block; margin:1em 0'>Language: English</div> +<div style='display:block; margin-left:2em; text-indent:-2em'>Produced by: Alev Akman, David Widger and Robert Homa</div> +<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK THE FATHERS OF THE CONSTITUTION ***</div> + +<div class="fig" style="width:55%;"> +<img src="images/cover.jpg" style="width:100%;" alt="[Illustration]" /> +</div> + +<div class="titlepage"> + <span class="pagenum"><a name="Page_i" id="Page_i">i</a></span> + <h1>The Fathers of the Constitution</h1> + <h2>By Max Farrand</h2> + <h3>A Chronicle of the Establishment of the Union</h3> + <p class="noindent"> + Volume 13 of the<br /> + Chronicles of America Series <br /> + ∴<br /> + Allen Johnson, Editor<br /> + Assistant Editors<br /> + Gerhard R. Lomer <br /> + Charles W. Jefferys + </p> + <hr class="tiny" /> + <p class="noindent"> + <i>Abraham Lincoln Edition</i><br /><br /><br /><br /><br /><br /> + </p> + <p class="noindent"> + New Haven: Yale University Press<br /> + Toronto: Glasgow, Brook & Co.<br /> + London: Humphrey Milford<br /> + Oxford University Press<br /> + 1921<br /> + </p> + +</div> +<p class="center" style="font-size:smaller">Copyright, 1921,<br /> +<span class="pagenum"><a name="Page_ii" id="Page_ii">ii</a></span> + by Yale University Press <br /> +</p> + +<p><br /></p> + +<div class="contents"><a id="Contents" name="Contents"></a> + <hr class="main" /> + <h2>Contents</h2> + <span class="pagenum"><a name="Page_iii" id="Page_iii">iii</a></span> + <p class="center"><span class="smcap">The Fathers of the Constitution</span> + </p> +</div> +<table summary="Toc" > +<tbody> + <tr style="font-size:small;"> + <th style="text-align:left">Chapter</th> + <th class="center">Chapter Title</th> + <th>Page</th> + </tr> + <tr> + <td class="right">I.</td> + <td class="chaptername">The Treaty of Peace</td> + <td class="right"><a href="#Page_1">1</a></td> + </tr> + <tr> + <td class="right">II.</td> + <td class="chaptername">Trade and Industry</td> + <td class="right"><a href="#link2HCH0002">22</a></td> + </tr> + <tr> + <td class="right">III.</td> + <td class="chaptername">The Confederation</td> + <td class="right"><a href="#link2HCH0003">35</a></td> + </tr> + <tr> + <td class="right">IV.</td> + <td class="chaptername">The Northwest Ordinance</td> + <td class="right"><a href="#link2HCH0004">55</a></td> + </tr> + <tr> + <td class="right">V.</td> + <td class="chaptername">Darkness Before Dawn</td> + <td class="right"><a href="#link2HCH0005">81</a></td> + </tr> + <tr> + <td class="right">VI.</td> + <td class="chaptername">The Federalist Convention</td> + <td class="right"><a href="#link2HCH0006">108</a></td> + </tr> + <tr> + <td class="right">VII.</td> + <td class="chaptername">Finishing the Work</td> + <td class="right"><a href="#link2HCH0007">125</a></td> + </tr> + <tr> + <td class="right">VIII.</td> + <td class="chaptername">The Union Established</td> + <td class="right"><a href="#link2HCH0008">143</a></td> + </tr> + + <tr> + <td></td> + <td class="chaptername">Appendix</td> + <td class="right"><a href="#link2H_APPE">167</a></td> + </tr> + <tr> + <td></td> + <td class="chaptername">*Declaration of Independence</td> + <td class="right"><a href="#Page_167">167</a></td> + </tr> + <tr> + <td></td> + <td class="chaptername">*Articles of Confederation</td> + <td class="right"><a href="#Page_175">175</a></td> + </tr> + <tr> + <td></td> + <td class="chaptername">*Northwest Territory Ordinance</td> + <td class="right"><a href="#Page_190">190</a></td> + </tr> + <tr> + <td></td> + <td class="chaptername">*Constitution of the United States</td> + <td class="right"><a href="#Page_201">201</a></td> + </tr> + <tr> + <td></td> + <td class="chaptername">Bibliographical Note</td> + <td class="right"><a href="#Page_219">219</a></td> + </tr> + <tr> + <td></td> + <td class="chaptername">Notes on the Portraits</td> + <td class="right"><a href="#Page_225">225</a></td> + </tr> + + <tr> + <td></td> + <td class="chaptername">Index</td> + <td class="right"><a href="#Page_239">239</a></td> + </tr> +</tbody> +</table> + +<p> +<br /> +</p> + +<hr class="main" /> + + <h2>THE FATHERS OF THE CONSTITUTION</h2> + <div style="height: 4em; text-align:center;"> + <br /><span class="pagenum"><a name="Page_1" id="Page_1">1</a></span> + <br /> + <span style="font-size:x-large;">∴</span> + <br /><br /> + </div> + <h2><a href="#Contents">CHAPTER I</a></h2> + <h3>THE TREATY OF PEACE</h3> + <p> + “<span class="smcap">The</span> United States of America”! It + was in the Declaration of Independence that this name was first and + formally proclaimed to the world, and to maintain its verity the war of + the Revolution was fought. Americans like to think that they were then + assuming “among the Powers of the Earth the equal and independent + Station to which the Laws of Nature and of Nature’s God entitle + them”; and, in view of their subsequent marvelous development, they + are inclined to add that it must have been before an expectant world. + </p> + <p> + In these days of prosperity and national greatness it is hard to realize + that the achievement of independence did not place the United States on a + footing of equality with other countries and that, + <span class="pagenum"><a name="Page_2" id="Page_2">2</a></span> + in fact, the new state was more or less an unwelcome member of the world + family. It is nevertheless true that the latest comer into the family of + nations did not for a long time command the respect of the world. This + lack of respect was partly due to the character of the American + population. Along with the many estimable and excellent people who had + come to British North America inspired by the best of motives, there had + come others who were not regarded favorably by the governing classes of + Europe. Discontent is frequently a healthful sign and a forerunner of + progress, but it makes one an uncomfortable neighbor in a satisfied and + conservative community; and discontent was the underlying factor in the + migration from the Old World to the New. In any composite immigrant + population such as that of the United States there was bound to be a large + element of undesirables. Among those who came “for + conscience’s sake” were the best type of religious + protestants, but there were also religious cranks from many countries, of + almost every conceivable sect and of no sect at all. Many of the newcomers + were poor. It was common, too, to regard colonies as inferior places of + residence to which objectionable persons might be encouraged to go and + where the average of the + <span class="pagenum"><a name="Page_3" id="Page_3">3</a></span> + population was lowered by the influx of convicts and thousands of slaves. + </p> + <p> + “The great number of emigrants from Europe”—wrote + Thieriot, Saxon Commissioner of Commerce to America, from Philadelphia in + 1784—“has filled this place with worthless persons to + such a degree that scarcely a day passes without theft, robbery, + or even assassination.” ¹ It would perhaps be too much + to say that the people of the United States were looked upon by the rest + of the world as only half civilized, but certainly they were regarded as + of lower social standing and of inferior quality, and many of them were + known to be rough, uncultured, and ignorant. Great Britain and Germany + maintained American missionary societies, not, as might perhaps be + expected, for the benefit of the Indian or negro, but for the poor, + benighted colonists themselves; and Great Britain refused to commission a + minister to her former colonies for nearly ten years after + their independence had been recognized. + </p> + <div class="footer"> + <a id="footer_3-1" name="footer_3-1"></a> + <p class="footer"> + ¹ Quoted by W. E. Lingelbach, <i>History Teacher’s + Magazine,</i> March, 1913. + </p> + </div> + <p> + It is usually thought that the dregs of humiliation have been reached when + the rights of foreigners are not considered safe in a particular country, + so + <span class="pagenum"><a name="Page_4" id="Page_4">4</a></span> + that another state insists upon establishing therein its own tribunal + for the trial of its citizens or subjects. Yet that is what the French + insisted upon in the United States, and they were supposed to be + especially friendly. They had had their own experience in America. First + the native Indian had appealed to their imagination. Then, at an + appropriate moment, they seemed to see in the Americans a living + embodiment of the philosophical theories of the time: they thought that + they had at last found “the natural man” of Rousseau + and Voltaire; they believed that they saw the social contract theory being + worked out before their very eyes. Nevertheless, in spite of this interest + in Americans, the French looked upon them as an inferior people over whom + they would have liked to exercise a sort of protectorate. To them the + Americans seemed to lack a proper knowledge of the amenities of life. + Commissioner Thieriot, describing the administration of justice in the new + republic, noticed that: “A Frenchman, with the prejudices of + his country and accustomed to court sessions in which the officers have + imposing robes and a uniform that makes it impossible to recognize them, + smiles at seeing in the court room men dressed in street clothes, simple, + often quite + <span class="pagenum"><a name="Page_5" id="Page_5">5</a></span> + common. He is astonished to see the public enter and leave the + court room freely, those who prefer even keeping their hats on.” + Later he adds: “It appears that the court of France wished to set + up a jurisdiction of its own on this continent for all matters involving + French subjects.” France failed in this; but at the very time that + peace was under discussion Congress authorized Franklin to negotiate a + consular convention, ratified a few years later, according to which the + citizens of the United States and the subjects of the French King in the + country of the other should be tried by their respective consuls or + vice-consuls. Though this agreement was made reciprocal in its terms and + so saved appearances for the honor of the new nation, nevertheless in + submitting it to Congress John Jay clearly pointed out that it was + reciprocal in name rather than in substance, as there were few or no + Americans in France but an increasing number of Frenchmen in the + United States. + </p> + <p> + Such was the status of the new republic in the family of nations when the + time approached for the negotiation of a treaty of peace with the mother + country. The war really ended with the surrender of Cornwallis at Yorktown + in 1781. Yet even then the British were unwilling to concede the + independence + <span class="pagenum"><a name="Page_6" id="Page_6">6</a></span> + of the revolted colonies. This refusal of recognition was not + merely a matter of pride; a division and a consequent weakening of the + empire was involved; to avoid this Great Britain seems to have been + willing to make any other concessions that were necessary. The mother + country sought to avoid disruption at all costs. But the time had passed + when any such adjustment might have been possible. The Americans now + flatly refused to treat of peace upon any footing except that of + independent equality. The British, being in no position to continue the + struggle, were obliged to yield and to declare in the first article of the + treaty of peace that “His Britannic Majesty acknowledges the said + United States … to be free, sovereign, and independent + states.” + </p> + <p> + With France the relationship of the United States was clear and friendly + enough at the time. The American War of Independence had been brought to a + successful issue with the aid of France. In the treaty of alliance which + had been signed in 1778 had been agreed that neither France nor the United + States should, without the consent of the other, make peace with Great + Britain. More than that, in 1781, partly out of gratitude but largely as a + result of clever manipulation of factions in + <span class="pagenum"><a name="Page_7" id="Page_7">7</a></span> + Congress by the French Minister in Philadelphia, the Chevalier de la + Luzerne, the American peace commissioners had been instructed “to + make the most candid and confidential communications upon all subjects to + the ministers of our generous ally, the King of France; to undertake + nothing in the negotiations for peace or truce without their knowledge and + concurrence; and ultimately to govern yourselves by their advice and + opinion.” ¹ If France had been actuated only by unselfish + motives in supporting the colonies in their revolt against Great Britain, + these instructions might have been acceptable and even advisable. But + such was not the case. France was working not so much with philanthropic + purposes or for sentimental reasons as for the restoration to her former + position of supremacy in Europe. Revenge upon England was only a part of a + larger plan of national aggrandizement. + </p> + <div class="footer"> + <a id="footer_7-1" name="footer_7-1"></a> + <p class="footer"> + ¹ “Secret Journals of Congress,” June 15, 1781. + </p> + </div> + <p> + The treaty with France in 1778 had declared that war should be continued + until the independence of the United States had been established, and it + appeared as if that were the main purpose of the alliance. For her own + good reasons France had dragged Spain into the struggle. Spain, of course, + fought to cripple Great Britain and not to help the + <span class="pagenum"><a name="Page_8" id="Page_8">8</a></span> + United States. In return for this support France was pledged to assist + Spain in obtaining certain additions to her territory. In so far as these + additions related to North America, the interests of Spain and those of + the United States were far from being identical; in fact, they were + frequently in direct opposition. Spain was already in possession of + Louisiana and, by prompt action on her entry into the war in 1780, she had + succeeded in getting control of eastern Louisiana and of practically all + the Floridas except St. Augustine. To consolidate these holdings and round + out her American empire, Spain would have liked to obtain the title to all + the land between the Alleghany Mountains and the Mississippi. Failing + this, however, she seemed to prefer that the region northwest of the Ohio + River should belong to the British rather than to the United States. + </p> + <p> + Under these circumstances it was fortunate for the United States that the + American Peace Commissioners were broad-minded enough to appreciate the + situation and to act on their own responsibility. Benjamin Franklin, + although he was not the first to be appointed, was generally considered to + be the chief of the Commission by reason of his age, experience, and + reputation. Over seventy-five years + <span class="pagenum"><a name="Page_9" id="Page_9">9</a></span> + old, he was more universally known and + admired than probably any man of his time. This many-sided + American—printer, almanac maker, writer, scientist, and + philosopher—by the variety of his abilities as well as by the charm + of his manner seemed to have found his real mission in the diplomatic + field, where he could serve his country and at the same time, with credit + to himself, preach his own doctrines. + </p> + <p> + When Franklin was sent to Europe at the outbreak of the Revolution, it was + as if destiny had intended him for that particular task. His achievements + had already attracted attention; in his fur cap and eccentric dress + “he fulfilled admirably the Parisian ideal of the forest + philosopher”; and with his facility in conversation, as well as by + the attractiveness of his personality, he won both young and old. But, + with his undoubted zeal for liberty and his unquestioned love of country, + Franklin never departed from the Quaker principles he affected and always + tried to avoid a fight. In these efforts, owing to his shrewdness and his + willingness to compromise, he was generally successful. + </p> + <p> + John Adams, being then the American representative at The Hague, was the + first Commissioner to be appointed. Indeed, when he was first + <span class="pagenum"><a name="Page_10" id="Page_10">10</a></span> + named, in 1779, he was to be sole commissioner to negotiate peace; and it + was the influential French Minister to the United States who was + responsible for others being added to the commission. Adams was a sturdy + New Englander of British stock and of a distinctly English + type—medium height, a stout figure, and a ruddy face. No one + questioned his honesty, his straightforwardness, or his lack of tact. + Being a man of strong mind, of wide reading and even great learning, and + having serene confidence in the purity of his motives as well as in the + soundness of his judgment, Adams was little inclined to surrender his own + views, and was ready to carry out his ideas against every obstacle. By + nature as well as by training he seems to have been incapable of + understanding the French; he was suspicious of them and he disapproved of + Franklin’s popularity even as he did of his personality. + </p> + <p> + Five Commissioners in all were named, but Thomas Jefferson and Henry + Laurens did not take part in the negotiations, so that the only other + active member was John Jay, then thirty-seven years old and already a man + of prominence in his own country. Of French Huguenot stock and type, he + was tall and slender, with somewhat of a scholar’s stoop, and was + usually dressed in black. His + <span class="pagenum"><a name="Page_11" id="Page_11">11</a></span> + manners were gentle and unassuming, but his face, with its penetrating + black eyes, its aquiline nose and pointed chin, revealed a proud and + sensitive disposition. He had been sent to the court of Spain in 1780, and + there he had learned enough to arouse his suspicious, if nothing more, of + Spain’s designs as well as of the French intention to support them. + </p> + <p> + In the spring of 1782 Adams felt obliged to remain at The Hague in order + to complete the negotiations already successfully begun for a commercial + treaty with the Netherlands. Franklin, thus the only Commissioner on the + ground in Paris, began informal negotiations alone but sent an urgent call + to Jay in Spain, who was convinced of the fruitlessness of his mission + there and promptly responded. Jay’s experience in Spain and his + knowledge of Spanish hopes had led him to believe that the French were not + especially concerned about American interests but were in fact willing to + sacrifice them if necessary to placate Spain. He accordingly insisted that + the American Commissioners should disregard their instructions and, + without the knowledge of France, should deal directly with Great Britain. + In this contention he was supported by Adams when he arrived, but it was + hard to persuade Franklin to accept this point + <span class="pagenum"><a name="Page_12" id="Page_12">12</a></span> + of view, for he was unwilling to believe anything so unworthy of his + admiring and admired French. Nevertheless, with his cautious shrewdness, + he finally yielded so far as to agree to see what might come out of direct + negotiations. + </p> + <p> + The rest was relatively easy. Of course there were difficulties and such + sharp differences of opinion that, even after long negotiation, some + matters had to be compromised. Some problems, too, were found insoluble + and were finally left without a settlement. But such difficulties as did + exist were slight in comparison with the previous hopelessness of + reconciling American and Spanish ambitions, especially when the latter + were supported by France. On the one hand, the Americans were the + protégés of the French and were expected to give way before + the claims of their patron’s friends to an extent which threatened + to limit seriously their growth and development. On the other hand, they + were the younger sons of England, uncivilized by their wilderness life, + ungrateful and rebellious, but still to be treated by England as children + of the blood. In the all-important question of extent of territory, where + Spain and France would have limited the United States to the east of the + Alleghany Mountains, Great Britain was persuaded + <span class="pagenum"><a name="Page_13" id="Page_13">13</a></span> + without great difficulty, having once conceded independence to the United + States, to yield the boundaries which she herself had formerly + claimed—from the Atlantic Ocean on the east to the Mississippi River + on the west, and from Canada on the north to the southern boundary of + Georgia. Unfortunately the northern line, through ignorance and + carelessness rather than through malice, was left uncertain at various + points and became the subject of almost continuous controversy until the + last bit of it was settled in 1911. ¹ + </p> + <div class="footer"> + <a id="footer_13-1" name="footer_13-1"></a> + <p class="footer"> + ¹ See Lord Bryce’s Introduction (p. xxiv) to W. A. Dunning, + <i>The British Empire and the United States</i> (1914). + </p> + </div> + <p> + The fisheries of the North Atlantic, for which Newfoundland served as the + chief entrepôt, had been one of the great assets of North America + from the time of its discovery. They had been one of the chief prizes at + stake in the struggle between the French and the British for the + possession of the continent, and they had been of so much value that a + British statute of 1775 which cut off the New England fisheries was + regarded, even after the “intolerable acts” of the previous + year, as the height of punishment for New England. Many Englishmen would + have been glad to see the Americans excluded from these fisheries, but + John Adams, when + <span class="pagenum"><a name="Page_14" id="Page_14">14</a></span> + he arrived from The Hague, displayed an appreciation of New England + interests and the quality of his temper as well by flatly refusing to + agree to any treaty which did not allow full fishing privileges. The + British accordingly yielded and the Americans were granted fishing rights + as “heretofore” enjoyed. The right of navigation of the + Mississippi River, it was declared in the treaty, should “forever + remain free and open” to both parties; but here Great Britain + was simply passing on to the United States a formal right which + she had received from France and was retaining for herself a similar right + which might sometime prove of use, for as long as Spain held both banks at + the mouth of the Mississippi River, the right was of little practical + value. + </p> + <p> + Two subjects involving the greatest difficulty of arrangement were the + compensation of the Loyalists and the settlement of commercial + indebtedness. The latter was really a question of the payment of British + creditors by American debtors, for there was little on the other side of + the balance sheet, and it seems as if the frugal Franklin would have + preferred to make no concessions and would have allowed creditors to take + their own chances of getting paid. But the matter appeared to Adams in a + different light—perhaps his New England + <span class="pagenum"><a name="Page_15" id="Page_15">15</a></span> + conscience was aroused—and in this point of view he was supported by + Jay. It was therefore finally agreed “that creditors on either side + shall meet with no lawful impediment to the recovery of the full value in + sterling money, of all <i>bona fide</i> debts heretofore + contracted.” However just this provision may have been, its + incorporation in the terms of the treaty was a mistake on the part of the + Commissioners, because the Government of the United States had no power to + give effect to such an arrangement, so that the provision had no more + value than an emphatic expression of opinion. Accordingly, when some of + the States later disregarded this part of the treaty, the British had an + excuse for refusing to carry out certain of their own obligations. + </p> + <p> + The historian of the Virginia Federal Convention of 1788, H. B. Grigsby, + relates an amusing incident growing out of the controversy over the + payment of debts to creditors in England: + </p> + <blockquote> + <p> + A Scotchman, John Warden, a prominent lawyer and good classical + scholar, but suspected rightly of Tory leanings during the Revolution, + learning of the large minority against the repeal of laws in conflict with + the treaty of 1783 (<i>i. e.</i>, especially the laws as to the collection + of debts by foreigners) caustically remarked that some of the members of + the House had voted against paying for the coats on their backs. The story + goes + <span class="pagenum"><a name="Page_16" id="Page_16">16</a></span> + that he was summoned before the House in full session, and was + compelled to beg their pardon on his knees; but as he rose, pretending to + brush the dust from his knees, he pointed to the House and said audibly, + with evident double meaning, ‘Upon my word, a dommed dirty house it + is indeed.’ The Journal of the House, however, shows that the honor + of the delegates was satisfied by a written assurance from Mr. Warden that + he meant in no way to affront the dignity of the House or to insult any of + its members. + </p> + </blockquote> + <p> + The other question, that of compensating the Loyalists for the loss of + their property, was not so simple a matter, for the whole story of the + Revolution was involved. There is a tendency among many scholars of the + present day to regard the policy of the British toward their North + American colonies as possibly unwise and blundering but as being entirely + in accordance with the legal and constitutional rights of the mother + country, and to believe that the Americans, while they may have been + practically and therefore morally justified in asserting their + independence, were still technically and legally in the wrong. It is + immaterial whether or not that point of view is accepted, for its mere + recognition is sufficient to explain the existence of a large number of + Americans who were steadfast in their support of the British side of the + <span class="pagenum"><a name="Page_17" id="Page_17">17</a></span> + controversy. Indeed, it has been estimated that as large a proportion as + one-third of the population remained loyal to the Crown. Numbers must + remain more or less uncertain, but probably the majority of the people in + the United States, whatever their feelings may have been, tried to remain + neutral or at least to appear so; and it is undoubtedly true that the + Revolution was accomplished by an aggressive minority and that perhaps as + great a number were actively loyal to Great Britain. + </p> + <p> + These Loyalists comprised at least two groups. One of these was a wealthy, + property-owning class, representing the best social element in the + colonies, extremely conservative, believing in privilege and fearing the + rise of democracy. The other was composed of the royal office-holders, + which included some of the better families, but was more largely made up + of the lower class of political and social hangers-on, who had been + rewarded with these positions for political debts incurred in England. The + opposition of both groups to the Revolution was inevitable and easily to + be understood, but it was also natural that the Revolutionists should + incline to hold the Loyalists, without distinction, largely responsible + for British pre-Revolutionary policy, asserting that they misinformed the + Government + <span class="pagenum"><a name="Page_18" id="Page_18">18</a></span> + as to conditions and sentiment in America, partly through stupidity and + partly through selfish interest. It was therefore perfectly comprehensible + that the feeling should be bitter against them in the United States, + especially as they had given efficient aid to the British during the war. + In various States they were subjected to personal violence at the hands of + indignant “patriots,” many being forced to flee from their + homes, while their property was destroyed or confiscated, and frequently + these acts were legalized by statute. + </p> + <p> + The historian of the Loyalists of Massachusetts, James H. Stark, must not + be expected to understate the case, but when he is describing, especially + in New England, the reign of terror which was established to suppress + these people, he writes: + </p> + <blockquote> + <p> + Loyalists were tarred and feathered and carried on rails, gagged + and bound for days at a time; stoned, fastened in a room with a fire and + the chimney stopped on top; advertised as public enemies, so that they + would be cut off from all dealings with their neighbors; they had bullets + shot into their bedrooms, their horses poisoned or mutilated; money or + valuable plate extorted from them to save them from violence, and on + pretence of taking security for their good behavior; their houses and + ships burned; they were compelled to pay the guards who watched them in + their houses, and + <span class="pagenum"><a name="Page_19" id="Page_19">19</a></span> + when carted about for the mob to stare at and abuse, + they were compelled to pay something at every town. + </p> + </blockquote> + <p> + There is little doubt also that the confiscation of property and the + expulsion of the owners from the community were helped on by people who + were debtors to the Loyalists and in this way saw a chance of escaping + from the payment of their rightful obligations. The “Act for + confiscating the estates of certain persons commonly called + absentees” may have been a measure of self-defense for the + State but it was passed by the votes of those who undoubtedly profited + by its provisions. + </p> + <p> + Those who had stood loyally by the Crown must in turn be looked out for by + the British Government, especially when the claims of justice were + reinforced by the important consideration that many of those with property + and financial interests in America were relatives of influential persons + in England. The immediate necessity during the war had been partially met + by assisting thousands to go to Canada—where their descendants today + form an important element in the population and are proud of being United + Empire Loyalists—while pensions and gifts were supplied to others. + Now that the war was over the British were determined that Americans + should make good to the + <span class="pagenum"><a name="Page_20" id="Page_20">20</a></span> + Loyalists for all that they had suffered, and His Majesty’s + Commissioners were hopeful at least of obtaining a proviso similar to the + one relating to the collection of debts. John Adams, however, expressed + the prevailing American idea when he said that “paying debts and + compensating Tories” were two very different things, and Jay + asserted that there were certain of these refugees whom Americans never + would forgive. + </p> + <p> + But this was the one thing needed to complete the negotiations for peace, + and the British arguments on the injustice and irregularity of the + treatment accorded to the Loyalists were so strong that the American + Commissioners were finally driven to the excuse that the Government of the + Confederation had no power over the individual States by whom the + necessary action must be taken. Finally, in a spirit of mutual concession + at the end of the negotiations, the Americans agreed that Congress should + “recommend to the legislatures of the respective states to + provide for the restitution” of properties which had been + confiscated “belonging to real British subjects,” + and “that persons of any other description” might + return to the United States for a period of twelve months and be + “unmolested in their endeavours to obtain the restitution.” + </p> + <p> + <span class="pagenum"><a name="Page_21" id="Page_21">21</a></span> + With this show of yielding on the part of the American Commissioners it + was possible to conclude the terms of peace, and the preliminary treaty + was drawn accordingly and agreed to on November 30, 1782. Franklin had + been of such great service during all the negotiations, smoothing down + ruffed feelings by his suavity and tact and presenting difficult subjects + in a way that made action possible, that to him was accorded the + unpleasant task of communicating what had been accomplished to Vergennes, + the French Minister, and of requesting at the same time “a fresh + loan of twenty million francs.” Franklin, of course, presented + his case with much “delicacy and kindliness of manner” + and with a fair degree of success. “Vergennes thought that the + signing of the articles was premature, but he made no inconvenient + remonstrances, and procured six millions of the twenty.” ¹ + On September 3, 1783, the definite treaty of peace was signed in + due time it was ratified by the British Parliament as well as by the + American Congress. The new state, duly accredited, thus took its place in + the family of nations; but it was a very humble place that was first + assigned to the United States of America. + </p> + <div class="footer"> + <a id="footer_21-1" name="footer_21-1"></a> + <p class="footer"> + ¹ Channing, <i>History of the United States,</i> + vol. iii, p. 368. + </p> + </div> + <hr class="main" /> + + <p> + <a name="link2HCH0002" id="link2HCH0002"> + <!-- H2 anchor --> </a> + </p> + <div class="chapterhead"> + <br /><span class="pagenum"><a name="Page_22" id="Page_22">22</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents">CHAPTER II</a></h2> + <h3>TRADE AND INDUSTRY</h3> + <p> + <span class="smcap">Though</span> the word revolution implies a violent + break with the past, there was nothing in the Revolution that transformed + the essential character or the characteristics of the American people. The + Revolution severed the ties which bound the colonies to Great Britain; it + created some new activities; some soldiers were diverted from their former + trades and occupation; but, as the proportion of the population engaged in + the war was relatively small and the area of country affected for any + length of time was comparatively slight, it is safe to say that in general + the mass of the people remained about the same after the war as before. + The professional man was found in his same calling; the artisan returned + to his tools, if he had ever laid them down; the shopkeeper resumed his + business, if it had been interrupted; the merchant went back to his + trading; and the farmer before the Revolution remained a farmer afterward. + </p> + <p> + <span class="pagenum"><a name="Page_23" id="Page_23">23</a></span> + The country as a whole was in relatively good condition and the people + were reasonably prosperous; at least, there was no general distress or + poverty. Suffering had existed in the regions ravaged by war, but no + section had suffered unduly or had had to bear the burden of war during + the entire period of fighting. American products had been in demand, + especially in the West India Islands, and an illicit trade with the enemy + had sprung up, so that even during the war shippers were able to dispose + of their commodities at good prices. The Americans are commonly said to + have been an agricultural people, but it would be more correct to say that + the great majority of the people were dependent upon extractive + industries, which would include lumbering, fishing, and even the fur + trade, as well as the ordinary agricultural pursuits. Save for a few + industries, of which shipbuilding was one of the most important, there was + relatively little manufacturing apart from the household crafts. These + household industries had increased during the war, but as it was with the + individual so it was with the whole country; the general course of + industrial activity was much the same as it had been before the war. + </p> + <p> + A fundamental fact is to be observed in the + <span class="pagenum"><a name="Page_24" id="Page_24">24</a></span> + economy of the young nation: the people were raising far more tobacco and + grain and were extracting far more of other products than they could + possibly use themselves; for the surplus they must find markets. They had, + as well, to rely upon the outside world for a great part of their + manufactured goods, especially for those of the higher grade. In other + words, from the economic point of view, the United States remained in the + former colonial stage of industrial dependence, which was aggravated + rather than alleviated by the separation from Great Britain. During the + colonial period, Americans had + carried on a large amount of this external trade by means of their own + vessels. The British Navigation Acts required the transportation of goods + in British vessels, manned by crews of British sailors, and specified + certain commodities which could be shipped to Great Britain only. They + also required that much of the European trade should pass by way of + England. But colonial vessels and colonial sailors came under the + designation of “British,” and no small part of the prosperity + of New England, and of the middle colonies as well, had been due to the + carrying trade. It would seem therefore as if a primary need of the + American people immediately after the Revolution was to get access to + their old + <span class="pagenum"><a name="Page_25" id="Page_25">25</a></span> + markets and to carry the goods as much as possible in their own + vessels. + </p> + <p> + In some directions they were successful. One of the products in greatest + demand was fish. The fishing industry had been almost annihilated by the + war, but with the establishment of peace the New England fisheries began + to recover. They were in competition with the fishermen of France and + England who were aided by large bounties, yet the superior geographical + advantages which the American fishermen possessed enabled them to maintain + and expand their business, and the rehabilitation of the fishing fleet was + an important feature of their programme. In other directions they were not + so successful. The British still believed in their colonial system and + applied its principles without regard to the interests of the United + States. Such American products as they wanted they allowed to be carried + to British markets, but in British vessels. Certain commodities, the + production of which they wished to encourage within their own dominions, + they added to the prohibited list. Americans cried out indignantly that + this was an attempt on the part of the British to punish their former + colonies for their temerity in revolting. The British Government may well + have derived + <span class="pagenum"><a name="Page_26" id="Page_26">26</a></span> + some satisfaction from the fact that certain restrictions + bore heavily upon New England, as John Adams complained; but it would seem + to be much nearer the truth to say that in a truly characteristic way the + British were phlegmatically attending to their own interests and calmly + ignoring the United States, and that there was little malice in their + policy. + </p> + <p> + European nations had regarded American trade as a profitable field of + enterprise and as probably responsible for much of Great Britain’s + prosperity. It was therefore a relatively easy matter for the United + States to enter into commercial treaties with foreign countries. These + treaties, however, were not fruitful of any great result; for, + “with unimportant exceptions, they left still in force the high + import duties and prohibitions that marked the European tariffs of the + time, as well as many features of the old colonial system. They were + designed to legalize commerce rather than to encourage it.” + ¹ Still, for a year or more after the war the demand for American + products was great enough to satisfy almost everybody. But in 1784 France + and Spain closed their colonial ports and thus excluded the shipping of + the United States. This + <span class="pagenum"><a name="Page_27" id="Page_27">27</a></span> + proved to be so disastrous for their colonies that + the French Government soon was forced to relax its restrictions. The + British also made some concessions, and where their orders were not + modified they were evaded. And so, in the course of a few years, the West + India trade recovered. + </p> + <div class="footer"> + <a id="footer_27-1" name="footer_27-1"></a> + <p class="footer"> + ¹ Clive Day, <i>Encyclopedia of American Government</i>, + Vol. i, p. 340. + </p> + </div> + + <p> + More astonishing to the men of that time than it is to us was the fact + that American foreign trade fell under British commercial control again. + Whether it was that British merchants were accustomed to American ways of + doing things and knew American business conditions; whether other + countries found the commerce not as profitable as they had expected, as + certainly was the case with France; whether “American merchants + and sea captains found themselves under disadvantages due to the absence + of treaty protection which they had enjoyed as English subjects”; + ² or whether it was the necessity of trading on British + capital—whatever the cause may have been—within a + comparatively few years a large part of American trade was in British + hands as it had been before the Revolution. American trade with Europe was + carried on through English merchants very much as the Navigation Acts had + prescribed. + </p> + <div class="footer"> + <a id="footer_27-2" name="footer_27-2"></a> + <p class="footer"> + ² C. R. Fish, <i>American Diplomacy,</i> pp. 56-57. + </p> + </div> + <p> + <span class="pagenum"><a name="Page_28" id="Page_28">28</a></span> + From the very first settlement of the American continent the colonists had + exhibited one of the earliest and most lasting characteristics of the + American people—adaptability. The Americans now proceeded to + manifest that trait anew, not only by adjusting themselves to renewed + commercial dependence upon Great Britain, but by seeking new avenues of + trade. A striking illustration of this is to be found in the development + of trade with the Far East. Captain Cook’s voyage around the world + (1768-1771), an account of which was first published in London in 1773, + attracted a great deal of attention in America; an edition of the <i>New + Voyage</i> was issued in New York in 1774. No sooner was the Revolution + over than there began that romantic trade with China and the northwest + coast of America, which made the fortunes of some families of Salem and + Boston and Philadelphia. This commerce added to the prosperity of the + country, but above all it stimulated the imagination of Americans. In the + same way another outlet was found in trade with Russia by way of the + Baltic. + </p> + <p> + The foreign trade of the United States after the Revolution thus passed + through certain well-marked phases. First there was a short period of + <span class="pagenum"><a name="Page_29" id="Page_29">29</a></span> + prosperity, owing to an unusual demand for American products; this was + followed by a longer period of depression; and then came a gradual + recovery through acceptance of the new conditions and adjustment to them. + </p> + <p> + A similar cycle may be traced in the domestic or internal trade. In early + days intercolonial commerce had been carried on mostly by water, and when + war interfered commerce almost ceased for want of roads. The loss of ocean + highways, however, stimulated road building and led to what might be + regarded as the first “good-roads movement” of the new + nation, except that to our eyes it would be a misuse of the word to call + any of those roads good. But anything which would improve the means of + transportation took on a patriotic tinge, and the building of roads and + the cutting of canals were agitated until turnpike and canal companies + became a favorite form of investment; and in a few years the interstate + land trade had grown to considerable importance. But in the meantime, + water transportation was the main reliance, and with the end of the war + the coastwise trade had been promptly resumed. For a time it prospered; + but the States, affected by the general economic conditions and by + jealousy, tried to interfere with + <span class="pagenum"><a name="Page_30" id="Page_30">30</a></span> + and divert the trade of others to their + own advantage. This was done by imposing fees and charges and duties, not + merely upon goods and vessels from abroad but upon those of their fellow + States. James Madison described the situation in the words so often + quoted: “Some of the States, … having no convenient + ports for foreign commerce, were subject to be taxed by their neighbors, + thro whose ports, their commerce was carryed on. New Jersey, placed + between Phila. & N. York, was likened to a Cask tapped at both ends: + and N. Carolina between Virga. & S. Carolina to a patient bleeding at + both Arms.” ¹ + </p> + <div class="footer"> + <a id="footer_30-1" name="footer_30-1"></a> + <p class="footer"> + ¹ <i>Records of the Federal Convention,</i> + vol. iii, p. 542. + </p> + </div> + + <p> + The business depression which very naturally followed the short revival of + trade was so serious in its financial consequences that it has even been + referred to as the “Panic of 1785.” The United States + afforded a good market for imported articles in 1788 and 1784, all the + better because of the supply of gold and silver which had been sent into + the country by England and France to maintain their armies and fleets and + which had remained in the United States. But this influx of imported goods + was one of the chief factors in causing the depression of 1785, as it + brought ruin to many of + <span class="pagenum"><a name="Page_31" id="Page_31">31</a></span> + those domestic industries which had sprung up in + the days of non-intercourse or which had been stimulated by the artificial + protection of the war. + </p> + <p> + To make matters worse, the currency was in a confused condition. + “In 1784 the entire coin of the land, except coppers, was the + product of foreign mints. English guineas, crowns, shillings and pence + were still paid over the counters of shops and taverns, and with them were + mingled many French and Spanish and some German coins.… The value + of the gold pieces expressed in dollars was pretty much the same the + country over. But the dollar and the silver pieces regarded as fractions + of a dollar had no less than five different values.” + <a href="#footer_31-1">¹</a> + The importation of foreign goods was fast draining the hard money out of + the country. In an effort to relieve the situation but with the result of + making it much worse, several of the States began to issue paper money; + and this was in addition to the enormous quantities of paper which had + been printed during the Revolution and which was now worth but a small + fraction of its face value. + </p> + <div class="footer"> + <a id="footer_31-1" name="footer_31-1"></a> + <p class="footer"> + <a href="#Page_31">¹</a> + McMaster, <i>History of the People of the + United States</i>, vol. i, pp. 190-191. + </p> + </div> + <p> + The expanding currency and consequent depreciation in the value of money + had immediately + <span class="pagenum"><a name="Page_32" id="Page_32">32</a></span> + resulted in a corresponding rise of prices, which for a + while the States attempted to control. But in 1778 Congress threw up its + hands in despair and voted that “all limitations of prices of + gold and silver be taken off,” although the States for some time + longer continued to endeavor to regulate prices by legislation. + <a href="#footer_32-1">¹</a> + The fluctuating value of the currency increased the opportunities for + speculation which war conditions invariably offer, and “immense + fortunes were suddenly accumulated.” A new financial group + rose into prominence composed largely of those who were not accustomed + to the use of money and who were consequently inclined to spend it + recklessly and extravagantly. + </p> + <div class="footer"> + <a id="footer_32-1" name="footer_32-1"></a> + <p class="footer"> + <a href="#Page_32">¹</a> + W. E. H. Lecky, <i>The American Revolution</i>, + New York, 1898, pp. 288-294. + </p> + </div> + <p> + Many contemporaries comment upon these things, of whom Brissot de Warville + may be taken as an example, although he did not visit the United States + until 1788: + </p> + <blockquote> + <p> + The inhabitants … prefer the splendor of wealth and the show of + enjoyment to the simplicity of manners and the pure pleasures which result + from it. If there is a town on the American continent where the English + luxury displays its follies, it is New York. You will find here the + English fashions: in the dress of the women you will see the most + brilliant silks, gauzes, + <span class="pagenum"><a name="Page_33" id="Page_33">33</a></span> + hats, and borrowed hair; equipages are rare, but + they are elegant; the men have more simplicity in their dress; they + disdain gewgaws, but they take their revenge in the luxury of the table; + luxury forms already a class of men very dangerous to society; I mean + bachelors; the expense of women causes matrimony to be dreaded by men. Tea + forms, as in England, the basis of parties of pleasure; many things are + dearer here than in France; a hairdresser asks twenty shilling a month; + washing costs four shillings a dozen. <a href="#footer_33-1">¹</a> + </p> + </blockquote> + <div class="footer"> + <a id="footer_33-1" name="footer_33-1"></a> + <p class="footer"> + <a href="#Page_33">¹</a> + Quoted by Henry Tuckerman, <i>America and her + Commentators</i>, 1864. + </p> + </div> + + <p> + An American writer of a later date, looking back upon his earlier years, + was impressed by this same extravagance, and his testimony may well be + used to strengthen the impression which it is the purpose of the present + narrative to convey: + </p> + <blockquote> + <p> + The French and British armies circulated immense sums of money in gold + and silver coin, which had the effect of driving out of circulation the + wretched paper currency which had till then prevailed. Immense quantities + of British and French goods were soon imported: our people imbibed a taste + for foreign fashions and luxury; and in the course of two or three years, + from the close of the war, such an entire change had taken place in the + habits and manners of our inhabitants, that it almost appeared as if we + had suddenly become a different nation. The staid and sober habits of our + ancestors, with their plain home-manufactured clothing, + <span class="pagenum"><a name="Page_34" id="Page_34">34</a></span> + were suddenly laid aside, and European goods of fine quality adopted in + their stead. Fine ruffles, powdered heads, silks and scarlets, decorated + the men; while the most costly silks, satins, chintzes, calicoes, muslins, + etc., etc., decorated our females. Nor was their diet less expensive; for + superb plate, foreign spirits, wines, etc., etc., sparkled on the + sideboards of many farmers. The natural result of this change of the + habits and customs of the people—this aping of European manners and + morals, was to suddenly drain our country of its circulating specie; and + as a necessary consequence, the people ran in debt, times became + difficult, and money hard to raise. <a href="#footer_34-1">¹</a> + </p> + </blockquote> + <div class="footer"> + <a id="footer_34-1" name="footer_34-1"></a> + <p class="footer"> + <a href="#Page_34">¹</a>; + Samuel Kercheval, <i>History of the Valley of Virginia</i>, + 1833, pp. 199-200. + </p> + </div> + + <p> + The situation was serious, and yet it was not as dangerous or even as + critical as it has generally been represented, because the fundamental + bases of American prosperity were untouched. The way by which Americans + could meet the emergency and recover from the hard times was fairly + evident—first to economize, and then to find new outlets for their + industrial energies. But the process of adjustment was slow and painful. + There were not a few persons in the United States who were even disposed + to regret that Americans were not safely under British protection and + prospering with Great Britain, instead of suffering in political + isolation. + </p> + <hr class="main" /> + + <p> + <a name="link2HCH0003" id="link2HCH0003"> + <!-- H2 anchor --> </a> + </p> + <div class="chapterhead"> + <br /><span class="pagenum"><a name="Page_35" id="Page_35">35</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents">CHAPTER III</a></h2> + <h3>THE CONFEDERATION</h3> + <p> + <span class="smcap">When</span> peace came in 1783 there were in the + United States approximately three million people, who were spread over + the whole Atlantic coast from Maine to Georgia and back into the interior + as far as the Alleghany Mountains; and a relatively small number of + settlers had crossed the mountain barrier. About twenty per cent of the + population, or some six hundred thousand, were negro slaves. There was + also a large alien element of foreign birth or descent, poor when they + arrived in America, and, although they had been able to raise themselves + to a position of comparative comfort, life among them was still crude and + rough. Many of the people were poorly educated and lacking in cultivation + and refinement and in a knowledge of the usages of good society. Not only + were they looked down upon by other nations of the world; there was + within the United States itself a relatively + <span class="pagenum"><a name="Page_36" id="Page_36">36</a></span> + small upper class inclined to regard the + mass of the people as of an inferior order. + </p> + <p> + Thus, while forces were at work favorable to democracy, the gentry + remained in control of affairs after the Revolution, although their + numbers were reduced by the emigration of the Loyalists and their power + was lessened. The explanation of this aristocratic control may be found in + the fact that the generation of the Revolution had been accustomed to + monarchy and to an upper class and that the people were wont to take their + ideas and to accept suggestions from their betters without question or + murmur. This deferential attitude is attested by the indifference of + citizens to the right of voting. In our own day, before the great + extension of woman suffrage, the number of persons voting approximated + twenty per cent of the population, but after the Revolution less than five + per cent of the white population voted. There were many limitations upon + the exercise of the suffrage, but the small number of voters was only + partially due to these restrictions, for in later years, without any + radical change in suffrage qualifications, the proportion of citizens who + voted steadily increased. + </p> + <p> + The fact is that many of the people did not care to vote. Why should they, + when they were only + <span class="pagenum"><a name="Page_37" id="Page_37">37</a></span> + registering the will or the wishes of their superiors? + But among the relatively small number who constituted the governing class + there was a high standard of intelligence. Popular magazines were unheard + of and newspapers were infrequent, so that men depended largely upon + correspondence and personal intercourse for the interchange of ideas. + There was time, however, for careful reading of the few available books; + there was time for thought, for writing, for discussion, and for social + intercourse. It hardly seems too much to say, therefore, that there was + seldom, if ever, a people—certainly never a people scattered over + so wide a territory—who knew so much about government as did this + controlling element of the people of the United States. + </p> + <p> + The practical character, as well as the political genius, of the Americans + was never shown to better advantage than at the outbreak of the + Revolution, when the quarrel with the mother country was manifesting + itself in the conflict between the Governors, and other appointed agents + of the Crown, and the popularly elected houses of the colonial + legislatures. When the Crown resorted to dissolving the legislatures, the + revolting colonists kept up and observed the forms of government. When the + legislature was prevented from meeting, the members + <span class="pagenum"><a name="Page_38" id="Page_38">38</a></span> + would come together + and call themselves a congress or a convention, and, instead of adopting + laws or orders, would issue what were really nothing more than + recommendations, but which they expected would be obeyed by their + supporters. To enforce these recommendations extra-legal committees, + generally backed by public opinion and sometimes concretely supported by + an organized “mob,” would meet in towns and counties + and would be often effectively centralized where the opponents of the + British policy were in control. + </p> + <p> + In several of the colonies the want of orderly government became so + serious that, in 1775, the Continental Congress advised them to form + temporary governments until the trouble with Great Britain had been + settled. When independence was declared Congress recommended to all the + States that they should adopt governments of their own. In accordance with + that recommendation, in the course of a very few years each State + established an independent government and adopted a written constitution. + It was a time when men believed in the social contract or the + “compact theory of the state,” that states originated + through agreement, as the case might be, between king and nobles, between + king and people, or among the people + <span class="pagenum"><a name="Page_39" id="Page_39">39</a></span> + themselves. In support of this + doctrine no less an authority than the Bible was often quoted, such a + passage for example as II Samuel v, 3: “So all the elders + of Israel came to the King to Hebron; and King David made a covenant with + them in Hebron before the Lord; and they anointed David King over + Israel.” As a philosophical speculation to explain why + people were governed or consented to be governed, this theory went back at + least to the Greeks, and doubtless much earlier; and, though of some + significance in medieval thought, it became of greater importance in + British political philosophy, especially through the works of Thomas + Hobbes and John Locke. A very practical application of the compact theory + was made in the English Revolution of 1688, when in order to avoid the + embarrassment of deposing the king, the convention of the Parliament + adopted the resolution: “That King James the Second, having + endeavored to subvert the Constitution of the Kingdom, by breaking the + original Contract between King and People, and having, by the advice of + Jesuits, and other wicked persons, violated the fundamental Laws, and + withdrawn himself out of this Kingdom, has abdicated the Government, and + that the throne is hereby vacant.” These theories were + developed by Jean + <span class="pagenum"><a name="Page_40" id="Page_40">40</a></span> + Jacques Rousseau in his <i>Contrat Social</i>—a book so attractively + written that it eclipsed all other works upon the subject and resulted in + his being regarded as the author of the doctrine—and through him + they spread all over Europe. + </p> + <p> + Conditions in America did more than lend color to pale speculation; they + seemed to take this hypothesis out of the realm of theory and to give it + practical application. What happened when men went into the wilderness to + live? The Pilgrim Fathers on board the Mayflower entered into an agreement + which was signed by the heads of families who took part in the enterprise: + “We, whose names are underwritten … Do by these presents, + solemnly and mutually, in the Presence of God and one another, covenant + and combine ourselves together into a civil Body Politick.” + </p> + <p> + Other colonies, especially in New England, with this example before them + of a social contract entered into similar compacts or “plantation + covenants,” as they were called. But the colonists were also + accustomed to having written charters granted which continued for a time + at least to mark the extent of governmental powers. Through this + intermingling of theory and practice it was the most + <span class="pagenum"><a name="Page_41" id="Page_41">41</a></span> + natural thing in the + world, when Americans came to form their new State Governments, that they + should provide written instruments framed by their own representatives, + which not only bound them to be governed in this way but also placed + limitations upon the governing bodies. As the first great series of + written constitutions, these frames of government attracted wide + attention. Congress printed a set for general distribution, and numerous + editions were circulated both at home and abroad. + </p> + <p> + The constitutions were brief documents, varying from one thousand to + twelve thousand words in length, which established the framework of the + governmental machinery. Most of them, before proceeding to practical + working details, enunciated a series of general principles upon the + subject of government and political morality in what were called + declarations or bills of rights. The character of these declarations may + be gathered from the following excerpts: + </p> + <blockquote> + <p class="noindent"> + That all men are by nature equally free and independent, and have certain + inherent rights, … the enjoyment of life and liberty, with the + means of acquiring and possessing property, and pursuing and obtaining + happiness and safety. + </p> + <p class="noindent"> + <span class="pagenum"><a name="Page_42" id="Page_42">42</a></span> + That no man, or set of men, are entitled to + exclusive or separate emoluments or privileges from the community, but + in consideration of public services. + </p> + <p class="noindent"> + The body politic is formed by a voluntary association of individuals; it + is a social compact by which the whole people covenants with each citizen + and each citizen with the whole people that all shall be governed by + certain laws for the common good. + </p> + <p class="noindent"> + That all power of suspending laws, or the execution of laws, by any + authority, without consent of the representatives of the people, is + injurious to their rights, and ought not to be exercised. + </p> + <p class="noindent"> + That general warrants, … are grievous and oppressive, and ought + not to be granted. + </p> + <p class="noindent"> + All penalties ought to be proportioned to the nature of the offence. + </p> + <p class="noindent"> + That sanguinary laws ought to be avoided, as far as is consistent with + the safety of the State; and no law, to inflict cruel and unusual pains + and penalties, ought to be made in any case, or at any time hereafter. + </p> + <p class="noindent"> + No magistrate or court of law shall demand excessive bail or sureties, + impose excessive fines … + </p> + <p class="noindent"> + Every individual has a natural and unalienable right to worship God + according to the dictates of his own conscience, and reason; … + </p> + <p class="noindent"> + <span class="pagenum"><a name="Page_43" id="Page_43">43</a></span> + That the freedom of the press is one of the great bulwarks of liberty, + and can never be restrained but by despotic governments. + </p> + </blockquote> + <p> + It will be perceived at once that these are but variations of the English + Declaration of Rights of 1689, which indeed was consciously followed as a + model; and yet there is a world-wide difference between the English model + and these American copies. The earlier document enunciated the rights of + English subjects, the recent infringement of which made it desirable that + they should be reasserted in convincing form. The American documents + asserted rights which the colonists generally had enjoyed and which they + declared to be “governing principles for all peoples in all + future times.” + </p> + <p> + But the greater significance of these State Constitutions is to be found + in their quality as working instruments of government. There was indeed + little difference between the old colonial and the new State Governments. + The inhabitants of each of the Thirteen States had been accustomed to a + large measure of self-government, and when they took matters into their + own hands they were not disposed to make any radical changes in the forms + to which they had become accustomed. Accordingly the State Governments + that were adopted + <span class="pagenum"><a name="Page_44" id="Page_44">44</a></span> + simply continued a framework of government almost + identical with that of colonial times. To be sure, the Governor and other + appointed officials were now elected either by the people or the + legislature, and so were ultimately responsible to the electors instead of + to the Crown; and other changes were made which in the long run might + prove of far-reaching and even of vital significance; and yet the + machinery of government seemed the same as that to which the people were + already accustomed. The average man was conscious of no difference at all + in the working of the Government under the new order. In fact, in + Connecticut and Rhode Island, the most democratic of all the colonies, + where the people had been privileged to elect their own governors, as well + as legislatures, no change whatever was necessary and the old charters + were continued as State Constitutions down to 1818 and 1842, respectively. + </p> + <p> + To one who has been accustomed to believe that the separation from a + monarchical government meant the establishment of democracy, a reading of + these first State Constitutions is likely to cause a rude shock. A shrewd + English observer, traveling a generation later in the United States, went + to the root of the whole matter in remarking of + <span class="pagenum"><a name="Page_45" id="Page_45">45</a></span> + the Americans that, + “When their independence was achieved their mental condition + was not instantly changed. Their deference for rank and for judicial and + legislative authority continued nearly unimpaired.” ¹ + They might declare that “all men are created equal,” + and bills of rights might assert that government rested upon the consent + of the governed; but these constitutions carefully provided that such + consent should come from property owners, and, in many of the States, + from religious believers and even followers of the Christian faith. + “The man of small means might vote, but none save well-to-do + Christians could legislate, and in many states none but a rich + Christian could be a governor.” ² In South Carolina, for + example, a freehold of £10,000 currency was required of the + Governor, Lieutenant Governor, and members of the Council; + £2,000 of the members of the Senate; and, while every elector was + eligible to the House of Representatives, he had to acknowledge the being + of a God and to believe in a future state of rewards and punishments, as + well as to hold “a freehold at least of fifty acres of land, + or a town lot.” + </p> + <div class="footer"> + <a id="footer_45-1" name="footer_45-1"></a> + <p class="footer"> + ¹ George Combe, <i>Tour of the United States,</i> + vol. i, p. 205. + </p> + <a id="footer_45-2" name="footer_45-2"></a> + <p class="footer"> + ² McMaster, <i>Acquisition of Industrial, Popular, and + Political Rights of Man in America</i>, p. 20. + </p> + </div> + <p> + <span class="pagenum"><a name="Page_46" id="Page_46">46</a></span> + It was government by a property-owning class, but in comparison with other + countries this class represented a fairly large and increasing proportion + of the population. In America the opportunity of becoming a property-owner + was open to every one, or, as that phrase would then have been understood, + to most white men. This system of class control is illustrated by the fact + that, with the exception of Massachusetts, the new State Constitutions + were never submitted to the people for approval. + </p> + <p> + The democratic sympathizer of today is inclined to point to those first + State Governments as a continuance of the old order. But to the + conservative of that time it seemed as if radical and revolutionary + changes were taking place. The bills of rights declared, “That no + men, or set of men, are entitled to exclusive or separate emoluments or + privileges from the community, but in consideration of public + services.” Property qualifications and other restrictions on + office-holding and the exercise of the suffrage were lessened. Four States + declared in their constitutions against the entailment of estates, and + primogeniture was abolished in aristocratic Virginia. There was a fairly + complete abolition of all vestiges of feudal tenure in the holding of + land, so that it may be said that in this <span class="pagenum"><a name="Page_47" id="Page_47">47</a></span>period full ownership of + property was established. The further separation of church and state was + also carried out. + </p> + + <p> + Certainly leveling influences were at work, and the people as a whole had + moved one step farther in the direction of equality and democracy, and it + was well that the Revolution was not any more radical and revolutionary + than it was. The change was gradual and therefore more lasting. One finds + readily enough contemporary statements to the effect that, + “Although there are no nobles in America, there is a class of men + denominated ‘gentlemen,’ who, by reason of their wealth, + their talents, their education, their families, or the offices they hold, + aspire to a preëminence,” but, the same observer adds, this + is something which “the people refuse to grant them.” + Another contemporary contributes the observation that there was not + so much respect paid to gentlemen of rank as there should be, and that the + lower orders of people behave as if they were on a footing of equality + with them. + </p> + <p> + Whether the State Constitutions are to be regarded as property-conserving, + aristocratic instruments, or as progressive documents, depends upon the + point of view. And so it is with the spirit of union or of nationality in + the United States. One + <span class="pagenum"><a name="Page_48" id="Page_48">48</a></span> + student emphasizes the fact of there being + “thirteen independent republics differing … widely in + climate, in soil, in occupation, in everything which makes up the social + and economic life of the people”; while another sees + “the United States a nation.” There is something to + be said for both sides, and doubtless the truth lies between + them, for there were forces making for disintegration as well as for + unification. To the student of the present day, however, the latter seem + to have been the stronger and more important, although the possibility was + never absent that the thirteen States would go their separate ways. + </p> + <p> + There are few things so potent as a common danger to bring discordant + elements into working harmony. Several times in the century and a half of + their existence, when the colonies found themselves threatened by their + enemies, they had united, or at least made an effort to unite, for mutual + help. The New England Confederation of 1643 was organized primarily for + protection against the Indians and incidentally against the Dutch and + French. Whenever trouble threatened with any of the European powers or + with the Indians—and that was frequently—a plan would be + broached for getting the colonies to combine their efforts, sometimes + <span class="pagenum"><a name="Page_49" id="Page_49">49</a></span> + for the immediate necessity and sometimes for a broader purpose. The best + known of these plans was that presented to the Albany Congress of 1754, + which had been called to make effective preparation for the inevitable + struggle with the French and Indians. The beginning of the troubles which + culminated in the final breach with Great Britain had quickly brought + united action in the form of the Stamp Act Congress of 1765, in the + Committees of Correspondence, and then in the Continental Congress. + </p> + <p> + It was not merely that the leaven of the Revolution was already working to + bring about the freer interchange of ideas; instinct and experience led + the colonies to united action. The very day that the Continental Congress + appointed a committee to frame a declaration of independence, another + committee was ordered to prepare articles of union. A month later, as soon + as the Declaration of Independence had been adopted, this second + committee, of which John Dickinson of Pennsylvania was chairman, presented + to Congress a report in the form of Articles of Confederation. Although + the outbreak of fighting made some sort of united action imperative, this + plan of union was subjected to debate intermittently for over sixteen + months + <span class="pagenum"><a name="Page_50" id="Page_50">50</a></span> + and even after being adopted by Congress, toward the end of 1777, + it was not ratified by the States until March, 1781, when the war was + already drawing to a close. The exigencies of the hour forced Congress, + without any authorization, to act as if it had been duly empowered and in + general to proceed as if the Confederation had been formed. + </p> + <p> + Benjamin Franklin was an enthusiast for union. It was he who had submitted + the plan of union to the Albany Congress in 1754, which with modifications + was recommended by that congress for adoption. It provided for a Grand + Council of representatives chosen by the legislature of each colony, the + members to be proportioned to the contribution of that colony to the + American military service. In matters concerning the colonies as a whole, + especially in Indian affairs, the Grand Council was to be given extensive + powers of legislation and taxation. The executive was to be a President or + Governor-General, appointed and paid by the Crown, with the right of + nominating all military officers, and with a veto upon all acts of the + Grand Council. The project was far in advance of the times and ultimately + failed of acceptance, but in 1775, with the beginning of the troubles with + Great Britain, Franklin took his Albany plan and, after modifying + <span class="pagenum"><a name="Page_51" id="Page_51">51</a></span> + it in + accordance with the experience of twenty years, submitted it to the + Continental Congress as a new plan of government under which the colonies + might unite. + </p> + <p> + Franklin’s plan of 1775 seems to have attracted little attention in + America, and possibly it was not generally known; but much was made of it + abroad, where it soon became public, probably in the same way that other + Franklin papers came out. It seems to have been his practice to make, with + his own hand, several copies of such a document, which he would send to + his friends with the statement that as the document in question was + confidential they might not otherwise see a copy of it. Of course the + inevitable happened, and such documents found their way into print to the + apparent surprise and dismay of the author. Incidentally this practice + caused confusion in later years, because each possessor of such a document + would claim that he had the original. Whatever may have been the procedure + in this particular case, it is fairly evident that Dickinson’s + committee took Franklin’s plan of 1775 as the starting point of its + work, and after revision submitted it to Congress as their report; for + some of the most important features of the Articles of Confederation + <span class="pagenum"><a name="Page_52" id="Page_52">52</a></span> + are + to be found, sometimes word for word, in Franklin’s draft. + </p> + <p> + This explanation of the origin of the Articles of Confederation is helpful + and perhaps essential in understanding the form of government established, + because that government in its main features had been devised for an + entirely different condition of affairs, when a strong, centralized + government would not have been accepted even if it had been wanted. It + provided for a “league of friendship,” with the primary + purpose of considering preparation for action rather than of taking the + initiative. Furthermore, the final stages of drafting the Articles of + Confederation had occurred at the outbreak of the war, when the people of + the various States were showing a disposition to follow readily + suggestions that came from those whom they could trust and when they + seemed to be willing to submit without compulsion to orders from the same + source. These circumstances, quite as much as the inexperience of Congress + and the jealousy of the States, account for the inefficient form of + government which was devised; and inefficient the Confederation certainly + was. The only organ of government was a Congress in which every State was + entitled to one vote and was represented by a + <span class="pagenum"><a name="Page_53" id="Page_53">53</a></span> + delegation whose members + were appointed annually as the legislature of the State might direct, + whose expenses were paid by the State, and who were subject to recall. + In other words, it was a council of States whose representatives had + little incentive to independence of action. + </p> + <p> + Extensive powers were granted to this Congress “of determining + on peace and war, … of entering into treaties and + alliances,” of maintaining an army and a navy, of establishing + post offices, of coining money, and of making requisitions upon the States + for their respective share of expenses “incurred for the common + defence or general welfare.” But none of these powers could be + exercised without the consent of nine States, which was equivalent to + requiring a two-thirds vote, and even when such a vote had been obtained + and a decision had been reached, there was nothing to compel the + individual States to obey beyond the mere declaration in the Articles + of Confederation that, “Every State shall abide by the + determinations of the United States in Congress assembled.” + </p> + <p> + No executive was provided for except that Congress was authorized + “to appoint such other committees and civil officers as may be + necessary for managing the general affairs of the + <ins title="Transcriber's Note: Removed period after United States."> + United States</ins> + <span class="pagenum"><a name="Page_54" id="Page_54">54</a></span> + under their direction.” In judicial matters, Congress was to + serve as “the last resort on appeal in all disputes and + differences” between States; and Congress might + establish courts for the trial of piracy and felonies committed on the + high seas and for determining appeals in cases of prize capture. + </p> + <p> + The plan of a government was there but it lacked any driving force. + Congress might declare war but the States might decline to participate in + it; Congress might enter into treaties but it could not make the States + live up to them; Congress might borrow money but it could not be sure of + repaying it; and Congress might decide disputes without being able to make + the parties accept the decision. The pressure of necessity might keep the + States together for a time, yet there is no disguising the fact that the + Articles of Confederation formed nothing more than a gentlemen’s + agreement. + </p> + <hr class="main" /> + + + <p> + <a name="link2HCH0004" id="link2HCH0004"> + <!-- H2 anchor --> </a> + </p> + <div class="chapterhead"> + <br /><span class="pagenum"><a name="Page_55" id="Page_55">55</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents">CHAPTER IV</a></h2> + <h3>THE NORTHWEST ORDINANCE</h3> + <p> + <span class="smcap">The</span> population of the United States was like + a body of water that was being steadily enlarged by internal springs and + external tributaries. It was augmented both from within and from without, + from natural increase and from immigration. It had spread over the whole + coast from Maine to Georgia and slowly back into the interior, at first + along the lines of river communication and then gradually filling up the + spaces between until the larger part of the available land east of the + Alleghany Mountains was settled. There the stream was checked as if + dammed by the mountain barrier, but the population was trickling through + wherever it could find an opening, slowly wearing channels, until finally, + when the obstacles were overcome, it broke through with a rush. + </p> + <p> + Twenty years before the Revolution the expanding population had reached + the mountains and was + <span class="pagenum"><a name="Page_56" id="Page_56">56</a></span> + ready to go beyond. The difficulty of crossing the + mountains was not insuperable, but the French and Indian War, followed by + Pontiac’s Conspiracy, made outlying frontier settlement dangerous if + not impossible. The arbitrary restriction of western settlement by the + Proclamation of 1763 did not stop the more adventurous but did hold back + the mass of the population until near the time of the Revolution, when a + few bands of settlers moved into Kentucky and Tennessee and rendered + important but inconspicuous service in the fighting. But so long as the + title to that territory was in doubt no considerable body of people would + move into it, and it was not until the Treaty of Peace in 1783 determined + that the western country as far as the Mississippi River was to belong to + the United States that the dammed-up population broke over the mountains + in a veritable flood. + </p> + <p> + The western country and its people presented no easy problem to the United + States: how to hold those people when the pull was strong to draw them + from the Union; how to govern citizens so widely separated from the older + communities; and, of most immediate importance, how to hold the land + itself. It was, indeed, the question of the ownership of the land beyond + the mountains which + <span class="pagenum"><a name="Page_57" id="Page_57">57</a></span> + delayed the ratification of the Articles of + Confederation. Some of the States, by right of their colonial charter + grants “from sea to sea,” were claiming large parts + of the western region. Other States, whose boundaries were fixed, could + put forward no such claims; and, as they were therefore limited in their + area of expansion, they were fearful lest in the future they should be + overbalanced by those States which might obtain extensive property in the + West. It was maintained that the Proclamation of 1763 had changed this + western territory into “Crown lands,” and as, by the + Treaty of Peace, the title had passed to the United States, the + non-claimant States had demanded in self-defense that the western land + should belong to the country as a whole and not to the individual States. + Rhode Island, Maryland, and Delaware were most seriously affected, and + they were insistent upon this point. Rhode Island and at length Delaware + gave in, so that by February, 1779, Maryland alone held out. In May of + that year the instructions of Maryland to her delegates were read in + Congress, positively forbidding them to ratify the plan of union unless + they should receive definite assurances that the western country would + become the common property of the United States. As the consent of all + <span class="pagenum"><a name="Page_58" id="Page_58">58</a></span> + of the Thirteen States was necessary to the establishment of the + Confederation, this refusal of Maryland brought matters to a crisis. The + question was eagerly discussed, and early in 1780 the deadlock was broken + by the action of New York in authorizing her representatives to cede her + entire claim in western lands to the United States. + </p> + <p> + It matters little that the claim of New York was not as good as that of + some of the other States, especially that of Virginia. The whole situation + was changed. It was no longer necessary for Maryland to defend her + position; but the claimant States were compelled to justify themselves + before the country for not following New York’s example. Congress + wisely refrained from any assertion of jurisdiction, and only urgently + recommended that States having claims to western lands should cede them in + order that the one obstacle to the final ratification of the Articles of + Confederation might be removed. + </p> + <p> + Without much question Virginia’s claim was the strongest; but the + pressure was too great even for her, and she finally yielded, ceding to + the United States, upon certain conditions, all her lands northwest of the + Ohio River. Then the Maryland delegates were empowered to ratify the + Articles of Confederation. + <span class="pagenum"><a name="Page_59" id="Page_59">59</a></span> + This was early in 1781, and in a very short + time the other States had followed the example of New York and Virginia. + Certain of the conditions imposed by Virginia were not acceptable to + Congress, and three years later, upon specific request, that State + withdrew the objectionable conditions and made the cession absolute. + </p> + <p> + The territory thus ceded, north and west of the Ohio River, constituted + the public domain. Its boundaries were somewhat indefinite, but subsequent + surveys confirmed the rough estimate that it contained from one to two + hundred millions of acres. It was supposed to be worth, on the average, + about a dollar an acre, which would make this property an asset sufficient + to meet the debts of the war and to leave a balance for the running + expenses of the Government. It thereby became one of the strong bonds + holding the Union together. + </p> + <blockquote> + <p> + “Land!” was the first cry of the storm-tossed mariners of + Columbus. For three centuries the leading fact of American history has + been that soon after 1600 a body of Europeans, mostly Englishmen, settled + on the edge of the greatest piece of unoccupied agricultural land in the + temperate zone, and proceeded to subdue it to the uses of man. For three + centuries the chief task of American mankind has been to go up + <span class="pagenum"><a name="Page_60" id="Page_60">60</a></span> + westward against the land and to possess it. Our wars, our independence, + our state building, our political democracy, our plasticity with respect + to immigration, our mobility of thought, our ardor of initiative, our + mildness and our prosperity, all are but incidents or products of this + prime historical fact. ¹ + </p> + </blockquote> + <div class="footer"> + <a id="footer_60-1" name="footer_60-1"></a> + <p class="footer"> + ¹ Lecture by J. Franklin Jameson before the Trustees of the + Carnegie Institution, at Washington, in 1912, printed in the + <i>History Teacher’s Magazine</i>, + vol. iv, 1913, p. 5. + </p> + </div> + + <p> + It is seldom that one’s attention is so caught and held as by the + happy suggestion that American interest in land—or rather interest + in American land—began with the discovery of the continent. Even a + momentary consideration of the subject, however, is sufficient to indicate + how important was the desire for land as a motive of colonization. The + foundation of European governmental and social organizations had been laid + in feudalism—a system of landholding and service. And although + European states might have lost their original feudal character, and + although new classes had arisen, land-holding still remained the basis of + social distinction. + </p> + <p> + One can readily imagine that America would be considered as El Dorado, + where one of the rarest commodities as well as one of the most precious + possessions was found in almost unlimited quantities and could be had for + the asking. It is no wonder + <span class="pagenum"><a name="Page_61" id="Page_61">61</a></span> + that family estates were sought in America and that to the lower classes + it seemed as if a heaven were opening on earth. Even though available + land appeared to be almost unlimited in quantity and easy to acquire, it + was a possession that was generally increasing in value. Of course + wasteful methods of farming wore out some lands, especially in the South; + but, taking it by and large throughout the country, with time and + increasing density of population the value of the land was increasing. + The acquisition of land was a matter of investment or at least of + speculation. In fact, the purchase of land was one of the favorite + get-rich-quick schemes of the time. George Washington was not the only + man who invested largely in western lands. A list of those who did would + read like a political or social directory of the time. Patrick Henry, + James Wilson, Robert Morris, Gouverneur Morris, Chancellor Kent, Henry + Knox, and James Monroe were among them. ¹ + </p> + <div class="footer"> + <a id="footer_61-1" name="footer_61-1"></a> + <p class="footer"> + ¹ Not all the speculators were able to keep what they acquired. + Fifteen million acres of land in Kentucky were offered for sale in 1800 + for non-payment of taxes. Channing, <i>History of the United + States,</i> vol. iv, p. 91. + </p> + </div> + + <p> + It is therefore easy to understand why so much importance attached to the + claims of the several States and to the cession of that western land by + <span class="pagenum"><a name="Page_62" id="Page_62">62</a></span> + them to the United States. But something more was necessary. If the land + was to attain anything like its real value, settlers must be induced to + occupy it. Of course it was possible to let the people go out as they + pleased and take up land, and to let the Government collect from them as + might be possible at a fixed rate. But experience during colonial days had + shown the weakness of such a method, and Congress was apparently + determined to keep under its own control the region which it now + possessed, to provide for orderly sale, and to permit settlement only so + far as it might not endanger the national interests. The method of land + sales and the question of government for the western country were + recognized as different aspects of the same problem. The Virginia offer of + cession forced the necessity of a decision, and no sooner was the Virginia + offer framed in an acceptable form, in 1783, than two committees were + appointed by Congress to report upon these two questions of land sales and + of government. + </p> + <p> + Thomas Jefferson was made chairman of both these committees. He was then + forty years old and one of the most remarkable men in the country. Born on + the frontier—his father from the upper middle class, his mother + “a Randolph”—he had + <span class="pagenum"><a name="Page_63" id="Page_63">63</a></span> + been trained to an outdoor life; but he was also a prodigy in his studies + and entered William and Mary College with advanced standing at the age of + eighteen. Many stories are told of his precocity and ability, all of which + tend to forecast the later man of catholic tastes, omnivorous interest, + and extensive but superficial knowledge; he was a strange combination of + natural aristocrat and theoretical democrat, of philosopher and practical + politician. After having been a student in the law office of George Wythe, + and being a friend of Patrick Henry, Jefferson early espoused the cause of + the Revolution, and it was his hand that drafted the Declaration of + Independence. He then resigned from Congress to assist in the organization + of government in his own State. For two years and a half he served in the + Virginia Assembly and brought about the repeal of the law of entailment, + the abolition of primogeniture, the recognition of freedom of conscience, + and the encouragement of education. He was Governor of Virginia for two + years and then, having declined reëlection, returned to Congress in + 1783. There, among his other accomplishments, as chairman of the + committee, he reported the Treaty of Peace and, as chairman of another + committee, devised and persuaded Congress to adopt + <span class="pagenum"><a name="Page_64" id="Page_64">64</a></span> + a national system of coinage which in its essentials is still in use. + </p> + <p> + It is easy to criticize Jefferson and to pick flaws in the things that he + said as well as in the things that he did, but practically every one + admits that he was closely in touch with the course of events and + understood the temper of his contemporaries. In this period of transition + from the old order to the new, he seems to have expressed the genius of + American institutions better than almost any other man of his generation. + He possessed a quality that enabled him, in the Declaration of + Independence, to give voice to the hopes and aspirations of a rising + nationality and that enabled him in his own State to bring about so many + reforms. + </p> + <p> + Just how much actual influence Thomas Jefferson had in the framing of the + American land policy is not clear. Although the draft of the committee + report in 1784 is in Jefferson’s handwriting, it is altogether + probable that more credit is to be given to Thomas Hutchins, the + Geographer of the United States, and to William Grayson of Virginia, + especially for the final form which the measure took; for Jefferson + retired from the chairmanship and had already gone to Europe when the + Land Ordinance was adopted by Congress in 1785. This ordinance + <span class="pagenum"><a name="Page_65" id="Page_65">65</a></span> + has been superseded by later enactments, to which references are usually + made; but the original ordinance is one of the great pieces of American + legislation, for it contained the fundamentals of the American land system + which, with the modifications experience has introduced, has proved to be + permanently workable and which has been envied and in several instances + copied by other countries. Like almost all successful institutions of that + sort, the Land Ordinance of 1785 was not an immediate creation but was a + development out of former practices and customs and was in the nature of a + compromise. Its essential features were the method of survey and the + process for the sale of land. New England, with its town system, had in + the course of its expansion been accustomed to proceed in an orderly + method but on a relatively small scale. The South, on the other hand, had + granted lands on a larger scale and had permitted individual selection in + a haphazard manner. The plan which Congress adopted was that of the New + England survey with the Southern method of extensive holdings. The system + is repellent in its rectangular orderliness, but it made the process of + recording titles easy and complete, and it was capable of indefinite + expansion. These were matters of cardinal + <span class="pagenum"><a name="Page_66" id="Page_66">66</a></span> + importance, for in the course of one hundred and forty + years the United States was to have under its control nearly two thousand + million acres of land. + </p> + <p> + The primary feature of the land policy was the orderly survey in advance + of sale. In the next place the township was taken as the unit, and its + size was fixed at six miles square. Provision was then made for the sale + of townships alternately entire and by sections of one mile square, or 640 + acres each. In every township a section was reserved for educational + purposes; that is, the land was to be disposed of and the proceeds used + for the development of public schools in that region. And, finally, the + United States reserved four sections in the center of each township to be + disposed of at a later time. It was expected that a great increase in the + value of the land would result, and it was proposed that the Government + should reap a part of the profits. + </p> + <p> + It is evident that the primary purpose of the public land policy as first + developed was to acquire revenue for the Government; but it was also + evident that there was a distinct purpose of encouraging settlement. The + two were not incompatible, but the greater interest of the Government was + in obtaining a return for the property. + </p> + <p> + <span class="pagenum"><a name="Page_67" id="Page_67">67</a></span> + The other committee of which Jefferson was chairman made its report of a + plan for the government of the western territory upon the very day that + the Virginia cession was finally accepted, March 1, 1784; and with some + important modifications Jefferson’s ordinance, or the Ordinance of + 1784 as it was commonly called, was ultimately adopted. In this case + Jefferson rendered a service similar to that of framing the Declaration of + Independence. His plan was somewhat theoretical and visionary, but largely + practical, and it was constructive work of a high order, displaying not so + much originality as sympathetic appreciation of what had already been done + and an instinctive forecast of future development. Jefferson seemed to be + able to gather up ideas, some conscious and some latent in men’s + minds, and to express them in a form that was generally acceptable. + </p> + <p> + It is interesting to find in the Articles of Confederation (Article XI) + that, “Canada acceding to this confederation, and joining in + the measures of the United States, shall be admitted into, and entitled to + all the advantages of this Union: but no other colony shall be admitted + into the same unless such admission be agreed to by nine States.” + The real importance of this article lay in the suggestion + <span class="pagenum"><a name="Page_68" id="Page_68">68</a></span> + of an enlargement of the Confederation. The Confederation was never + intended to be a union of only thirteen States. Before the cession of + their western claims it seemed to be inevitable that some of the States + should be broken up into several units. At the very time that the + formation of the Confederation was under discussion Vermont issued a + declaration of independence from New York and New Hampshire, with the + expectation of being admitted into the Union. It was impolitic to + recognize the appeal at that time, but it seems to have been generally + understood that sooner or later Vermont would come in as a + full-fledged State. + </p> + <p> + It might have been a revolutionary suggestion by Maryland, when the + cession of western lands was under discussion, that Congress should have + sole power to fix the western boundaries of the States, but her further + proposal was not even regarded as radical, that Congress should + “lay out the land beyond the boundaries so ascertained into + separate and independent states.” It seems to have been + taken as a matter of course in the procedure of Congress and was accepted + by the States. But the idea was one thing; its carrying out was quite + another. Here was a great extent of western territory which would be + valuable only as it could + <span class="pagenum"><a name="Page_69" id="Page_69">69</a></span> + be sold to prospective settlers. One of the + first things these settlers would demand was protection—protection + against the Indians, possibly also against the British and the Spanish, + and protection in their ordinary civil life. The former was a detail of + military organization and was in due time provided by the establishment of + military forts and garrisons; the latter was the problem which + Jefferson’s committee was attempting to solve. + </p> + <p> + The Ordinance of 1784 disregarded the natural physical features of the + western country and, by degrees of latitude and meridians of longitude, + arbitrarily divided the public domain into rectangular districts, to the + first of which the following names were applied: Sylvania, Michigania, + Cherronesus, Assenisipia, Metropotamia, Illinoia, Saratoga, Washington, + Polypotamia, Pelisipia. The amusement which this absurd and thoroughly + Jeffersonian nomenclature is bound to cause ought not to detract from the + really important features of the Ordinance. In each of the districts into + which the country was divided the settlers might be authorized by + Congress, for the purpose of establishing a temporary government, to adopt + the constitution and laws of any one of the original States. When any such + area should have twenty thousand free + <span class="pagenum"><a name="Page_70" id="Page_70">70</a></span> + inhabitants it might receive authority from Congress to establish a + permanent constitution and government and should be entitled to a + representative in Congress with the right of debating but not of voting. + And finally, when the inhabitants of any one of these districts should + equal in number those of the least populous of the thirteen original + States, their delegates should be admitted into Congress on an equal + footing. + </p> + <p> + Jefferson’s ordinance, though adopted, was never put into operation. + Various explanations have been offered for this failure to give it a fair + trial. It has been said that Jefferson himself was to blame. In the + original draft of his ordinance Jefferson had provided for the abolition + of slavery in the new States after the year 1800, and when Congress + refused to accept this clause Jefferson, in a manner quite characteristic, + seemed to lose all interest in the plan. There were, however, other + objections, for there were those who felt that it was somewhat indefinite + to promise admission into the Confederation of certain sections of the + country as soon as their population should equal in number that of the + least populous of the original States. If the original States should + increase in population to any extent, the new States might never be + admitted. + <span class="pagenum"><a name="Page_71" id="Page_71">71</a></span> + But on the other hand, if from any cause the population of one + of the smaller States should suddenly decrease, might not the resulting + influx of new States prove dangerous? + </p> + <p> + But the real reason why the ordinance remained a dead letter was that, + while it fixed the limits within which local governments might act, it + left the creation of those governments wholly to the future. At Vincennes, + for example, the ordinance made no change in the political habits of the + people. “The local government bowled along merrily under this + system. There was the greatest abundance of government, for the more the + United States neglected them the more authority their officials + assumed.” ¹ Nor could the ordinance operate until settlers + became numerous. It was partly, indeed, to hasten settlement that the + Ordinance of 1785 for the survey and sale of the public lands was passed. + ² + </p> + <div class="footer"> + <a id="footer_71-1" name="footer_71-1"></a> + <p class="footer"> + ¹ Jacob Piat Dunn, Jr., <i>Indiana: A Redemption from + Slavery,</i> 1888. + </p> + <a id="footer_71-2" name="footer_71-2"></a> + <p class="footer"> + ² Although the machinery was set in motion, by the appointment + of men and the beginning of work, it was not until 1789 that the survey + of the first seven ranges of townships was completed and the land + offered for sale. + + </p> + </div> + + + <p> + In the meantime efforts were being made by Congress to improve the + unsatisfactory ordinance for the government of the West. Committees were + <span class="pagenum"><a name="Page_72" id="Page_72">72</a></span> + appointed, reports were made, and at intervals of weeks or months the + subject was considered. Some amendments were actually adopted, but + Congress, notoriously inefficient, hesitated to undertake a fundamental + revision of the ordinance. Then, suddenly, in July, 1787, after a brief + period of adjournment, Congress took up this subject and within a week + adopted the now famous Ordinance of 1787. + </p> + <p> + The stimulus which aroused Congress to activity seems to have come from + the Ohio Company. From the very beginning of the public domain there was a + strong sentiment in favor of using western land for settlement by + Revolutionary soldiers. Some of these lands had been offered as bounties + to encourage enlistment, and after the war the project of soldiers’ + settlement in the West was vigorously agitated. The Ohio Company of + Associates was made up of veterans of the Revolution, who were looking for + homes in the West, and of other persons who were willing to support a + worthy cause by a subscription which might turn out to be a good + investment. The company wished to buy land in the West, and Congress had + land which it wished to sell. Under such circumstances it was easy to + strike a bargain. The land, as we have seen, was + <span class="pagenum"><a name="Page_73" id="Page_73">73</a></span> + roughly estimated at one dollar an acre; but, as the company wished to + purchase a million acres, it demanded and obtained wholesale rates of + two-thirds of the usual price. It also obtained the privilege of paying at + least a portion in certificates of Revolutionary indebtedness, some of + which were worth about twelve and a half cents on the dollar. Only a + little calculation is required to show that a large quantity of land was + therefore sold at about eight or nine cents an acre. It was in connection + with this land sale that the Ordinance of 1787 was adopted. + </p> + <p> + The promoter of this enterprise undertaken by the Ohio Company was + Manasseh Cutler of Ipswich, Massachusetts, a clergyman by profession who + had served as a chaplain in the Revolutionary War. But his interests and + activities extended far beyond the bounds of his profession. When the + people of his parish were without proper medical advice he applied himself + to the study and practice of medicine. At about the same time he took up + the study of botany, and because of his describing several hundred species + of plants he is regarded as the pioneer botanist of New England. His next + interest seems to have grown out of his Revolutionary associations, for it + <span class="pagenum"><a name="Page_74" id="Page_74">74</a></span> + centered in this project for settlement of the West, and he was appointed + the agent of the Ohio Company. It was in this capacity that he had come to + New York and made the bargain with Congress which has just been described. + Cutler must have been a good lobbyist, for Congress was not an efficient + body, and unremitting labor, as well as diplomacy, was required for so + large and important a matter. Two things indicate his method of procedure. + In the first place he found it politic to drop his own candidate for the + governorship of the new territory and to endorse General Arthur St. Clair, + then President of Congress. And in the next place he accepted the + suggestion of Colonel William Duer for the formation of another company, + known as the Scioto Associates, to purchase five million acres of land on + similar terms, “but that it should be kept a profound + secret.” It was not an accident that Colonel Duer was + Secretary of the Board of the Treasury through whom these purchases were + made, nor that associated with him in this speculation were + “a number of the principal characters in the city.” + These land deals were completed afterwards, but there is little doubt that + there was a direct connection between them and the adoption of the + ordinance of government. + </p> + <p> + <span class="pagenum"><a name="Page_75" id="Page_75">75</a></span> + The Ordinance of 1787 was so successful in its working and its renown + became so great that claims of authorship, even for separate articles, + have been filed in the name of almost every person who had the slightest + excuse for being considered. Thousands of pages have been written in + eulogy and in dispute, to the helpful clearing up of some points and to + the obscuring of others. But the authorship of this or of that clause is + of much less importance than the scope of the document as a working plan + of government. As such the Ordinance of 1787 owes much to + Jefferson’s Ordinance of 1784. Under the new ordinance a governor + and three judges were to be appointed who, along with their other + functions, were to select such laws as they thought best from the statute + books of all the States. The second stage in self-government would be + reached when the population contained five thousand free men of age; then + the people were to have a representative legislature with the usual + privilege of making their own laws. Provision was made for dividing the + whole region northwest of the Ohio River into three or four or five + districts and the final stage of government was reached when any one of + these districts had sixty thousand free inhabitants, for it might then + establish its + <span class="pagenum"><a name="Page_76" id="Page_76">76</a></span> + own constitution and government and be admitted into the Union on an + equal footing with the original States. + </p> + <p> + The last-named provision for admission into the Union, being in the nature + of a promise for the future, was not included in the body of the document + providing for the government, but was contained in certain + “articles of compact, between the original States and the + people and States in the said territory, [which should] forever + remain unalterable, unless by common consent.” These articles + of compact were in general similar to the bills of rights in State + Constitutions; but one of them found no parallel in any State + Constitution. Article VI reads: “There shall be neither slavery nor + involuntary servitude in the said territory, otherwise than in the + punishment of crimes, whereof the party shall have been duly + convicted.” This has been hailed as a farsighted, humanitarian + measure, and it is quite true that many of the leading men, in the South + as well as in the North, were looking forward to the time when slavery + would be abolished. But the motives predominating at the time were + probably more nearly represented by Grayson, who wrote to James Monroe, + three weeks after the ordinance was passed: “The + <span class="pagenum"><a name="Page_77" id="Page_77">77</a></span> + clause respecting slavery was agreed to by the southern members for the + purpose of preventing tobacco and indigo from being made on the northwest + side of the Ohio, as well as for several other political reasons.” + </p> + <p> + It is over one hundred and forty years since the Ordinance of 1787 was + adopted, during which period more than thirty territories of the United + States have been organized, and there has never been a time when one or + more territories were not under Congressional supervision, so that the + process of legislative control has been continuous. Changes have been made + from time to time in order to adapt the territorial government to changed + conditions, but for fifty years the Ordinance of 1787 actually remained in + operation, and even twenty years later it was specifically referred to by + statute. The principles of territorial government today are identical with + those of 1787, and those principles comprise the largest measure of local + self-government compatible with national control, a gradual extension of + self-government to the people of a territory, and finally complete + statehood and admission into the Union on a footing of equality with the + other States. + </p> + <p> + In 1825, when the military occupation of Oregon + <span class="pagenum"><a name="Page_78" id="Page_78">78</a></span> + was suggested in Congress, Senator Dickerson of New Jersey objected, + saying, “We have not adopted a system of colonization and it is + to be hoped we never shall.” Yet that is just what America has + always had. Not only were the first settlers on the Atlantic coast + colonists from Europe; but the men who went to the frontier were also + colonists from the Atlantic seaboard. And the men who settled the States + in the West were colonists from the older communities. The Americans + had so recently asserted their independence that they regarded + the name of colony as not merely indicating dependence but as implying + something of inferiority and even of reproach. And when the American + colonial system was being formulated in 1783-87 the word + “Colony” was not used. The country under consideration was + the region west of the Alleghany Mountains and in particular the + territory north and west of the Ohio River and, being so referred to in + the documents, the word “Territory” became the term + applied to all the colonies. + </p> + <p> + The Northwest Territory increased so rapidly in population that in 1800 it + was divided into two districts, and in 1802 the eastern part was admitted + into the Union as the State of Ohio. The rest of + <span class="pagenum"><a name="Page_79" id="Page_79">79</a></span> + the territory was divided in 1805 and again in 1809; Indiana was admitted + as a State in 1816 and Illinois in 1818. So the process has gone on. + There were thirteen original States and six more have become members of + the Union without having been through the status of territories, making + nineteen in all; while twenty-nine States have developed from the colonial + stage. The incorporation of the colonies into the Union is not merely a + political fact; the inhabitants of the colonies become an integral part + of the parent nation and in turn become the progenitors of new colonies. + If such a process be long continued, the colonies will eventually + outnumber the parent States, and the colonists will outnumber the citizens + of the original States and will themselves become the nation. Such has + been the history of the United States and its people. By 1850, indeed, + one-half of the population of the United States was living west of the + Alleghany Mountains, and at the present time approximately seventy per + cent are to be found in the West. + </p> + <p> + The importance of the Ordinance of 1787 was hardly overstated by Webster + in his famous debate with Hayne when he said: “We are accustomed + … to praise the lawgivers of antiquity; we help to perpetuate the + fame of Solon and Lycurgus; + <span class="pagenum"><a name="Page_80" id="Page_80">80</a></span> + but I doubt whether one single law of any lawgiver, + ancient or modern, has produced effects of more distinct, marked and + lasting character than the Ordinance of 1787.” While improved + means of communication and many other material ties have served to hold + the States of the Union together, the political bond was supplied by the + Ordinance of 1787, which inaugurated the American colonial system. + </p> + <hr class="main" /> + + <div class="chapterhead"> + <a name="link2HCH0005" id="link2HCH0005"> + <!-- H2 anchor --> </a> + <br /><span class="pagenum"><a name="Page_81" id="Page_81">81</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents">CHAPTER V</a></h2> + <h3>DARKNESS BEFORE DAWN</h3> + + <p> + <span class="smcap">John Fiske</span> summed up the prevailing impression + of the government of the Confederation in the title to his volume, + <i>The Critical Period of American History.</i> “The period + of five years,” says Fiske, “following the peace of 1783 was + the most critical moment in all the history of the American people. The + dangers from which we were saved in 1788 were even greater than were the + dangers from which we were saved in 1865.” Perhaps the plight of + the Confederation was not so desperate as he would have us believe, but + it was desperate enough. Two incidents occurring between the signing of + the preliminary terms of peace and the definitive treaty reveal + the danger in which the country stood. The main body of continental troops + made up of militiamen and short-term volunteers—always prone to + mutinous conduct—was collected at Newburg on the Hudson, watching + the British in New York. + <span class="pagenum"><a name="Page_82" id="Page_82">82</a></span> + Word might come at any day that the treaty had been signed, and the army + did not wish to be disbanded until certain matters had been + settled—primarily the question of their pay. The officers + had been promised half-pay for life, but nothing definite had been done + toward carrying out the promise. The soldiers had no such hope to + encourage them, and their pay was sadly in arrears. In December, 1782, the + officers at Newburg drew up an address in behalf of themselves and their + men and sent it to Congress. Therein they made the threat, thinly veiled, + of taking matters into their own hands unless their grievances were + redressed. + </p> + <p> + There is reason to suppose that back of this movement—or at least in + sympathy with it—were some of the strongest men in civil as in + military life, who, while not fomenting insurrection, were willing to + bring pressure to bear on Congress and the States. Congress was unable or + unwilling to act, and in March, 1783, a second paper, this time anonymous, + was circulated urging the men not to disband until the question of pay had + been settled and recommending a meeting of officers on the following day. + If Washington’s influence was not counted upon, it was at least + hoped that he would not interfere; but as soon as he learned of + <span class="pagenum"><a name="Page_83" id="Page_83">83</a></span> + what had been done he issued general orders calling for a meeting of + officers on a later day, thus superseding the irregular meeting that + had been suggested. On the day appointed the Commander-in-Chief appeared + and spoke with so much warmth and feeling that his “little address + … drew tears from many of the officers.” He inveighed against + the unsigned paper and against the methods that were talked of, for they + would mean the disgrace of the army, and he appealed to the patriotism of + the officers, promising his best efforts in their behalf. The effect was + so strong that, when Washington withdrew, resolutions were adopted + unanimously expressing their loyalty and their faith in the justice of + Congress and denouncing the anonymous circular. + </p> + <p> + The general apprehension was not diminished by another incident in June. + Some eighty troops of the Pennsylvania line in camp at Lancaster marched + to Philadelphia and drew up before the State House, where Congress was + sitting. Their purpose was to demand better treatment and the payment of + what was owed to them. So far it was an orderly demonstration, although + not in keeping with military regulations; in fact the men had broken away + from camp under the lead of + <span class="pagenum"><a name="Page_84" id="Page_84">84</a></span> + noncommissioned officers. But when they had been stimulated by drink the + disorder became serious. The humiliating feature of the situation was + that Congress could do nothing, even in self-protection. They appealed to + the Pennsylvania authorities and, when assistance was refused, the members + of Congress in alarm fled in the night and three days later gathered in + the college building in Princeton. + </p> + <p> + Congress became the butt of many jokes, but men could not hide the chagrin + they felt that their Government was so weak. The feeling deepened into + shame when the helplessness of Congress was displayed before the world. + Weeks and even months passed before a quorum could be obtained to ratify + the treaty recognizing the independence of the United States and + establishing peace. Even after the treaty was supposed to be in force the + States disregarded its provisions and Congress could do nothing more than + utter ineffective protests. But, most humiliating of all, the British + maintained their military posts within the northwestern territory ceded to + the United States, and Congress could only request them to retire. The + Americans’ pride was hurt and their pockets were touched as well, + for an important issue at stake was the control of the lucrative fur + trade. So resentment + <span class="pagenum"><a name="Page_85" id="Page_85">85</a></span> + grew into anger; but the British held on, and the United States + was powerless to make them withdraw. To make matters worse, the + Confederation, for want of power to levy taxes, was facing bankruptcy, and + Congress was unable to devise ways and means to avert a crisis. + </p> + <p> + The Second Continental Congress had come into existence in 1775. It was + made up of delegations from the various colonies, appointed in more or + less irregular ways, and had no more authority than it might assume and + the various colonies were willing to concede; yet it was the central body + under which the Revolution had been inaugurated and carried through to a + successful conclusion. Had this Congress grappled firmly with the + financial problem and forced through a system of direct taxation, the + subsequent woes of the Confederation might have been mitigated and perhaps + averted. In their enthusiasm over the Declaration of Independence the + people—by whom is meant the articulate class consisting largely of + the governing and commercial elements—would probably have accepted + such a usurpation of authority. But with their lack of experience it is + not surprising that the delegates to Congress did not appreciate the + necessity of such radical action and so were unwilling to take the + <span class="pagenum"><a name="Page_86" id="Page_86">86</a></span> + responsibility for it. They counted upon the goodwill and support of their + constituents, which simmered down to a reliance upon voluntary grants from + the States in response to appeals from Congress. These desultory grants + proved to be so unsatisfactory that, in 1781, even before the Articles of + Confederation had been ratified, Congress asked for a grant of additional + power to levy a duty of five per cent <em>ad valorem</em> upon all goods + imported into the United States, the revenue from which was to be applied + to the discharge of the principal and interest on debts “contracted + … for supporting the present war.” Twelve States agreed, but + Rhode Island, after some hesitation, finally rejected the measure in + November, 1782. + </p> + <p> + The Articles of Confederation authorized a system of requisitions + apportioned among the “several States in proportion to the value of + all land within each State.” But, as there was no power vested in + Congress to force the States to comply, the situation was in no way + improved when the Articles were ratified and put into operation. In fact, + matters grew worse as Congress itself steadily lost ground in popular + estimation, until it had become little better than a laughing-stock, and + with the ending of the war its requests were more honored in the + <span class="pagenum"><a name="Page_87" id="Page_87">87</a></span> + breach than in the observance. In 1782 Congress asked for $8,000,000 and + the following year for $2,000,000 more, but by the end of 1783 less than + $1,500,000 had been paid in. + </p> + <p> + In the same year, 1783, Congress made another attempt to remedy the + financial situation by proposing the so-called Revenue Amendment, + according to which a specific duty was to be laid upon certain articles + and a general duty of five per cent <i>ad valorem</i> upon all other + goods, to be in operation for twenty-five years. In addition to this it + was proposed that for the same period of time $1,500,000 annually should + be raised by requisitions, and the definite amount for each State was + specified until “the rule of the Confederation” could be + carried into practice. It was then proposed that the article providing + for the proportion of requisitions should be changed so as to be based + not upon land values but upon population, in estimating which slaves + should be counted at three-fifths of their number. In the course of + three years thereafter only two States accepted the proposals in full, + seven agreed to them in part, and four failed to act at all. Congress + in despair then made a further representation to the States upon the + critical condition of the finances and accompanied this with + <span class="pagenum"><a name="Page_88" id="Page_88">88</a></span> + an urgent appeal, which resulted in all the States except New York + agreeing to the proposed impost. But the refusal of one State was + sufficient to block the whole measure, and there was no further hope for + a treasury that was practically bankrupt. In five years Congress had + received less than two and one-half million dollars from + requisitions, and for the fourteen months ending January 1, 1786, the + income was at the rate of less than $375,000 a year, which was not enough, + as a committee of Congress reported, “for the bare maintenance of + the Federal Government on the most economical establishment and in time of + profound peace.” In fact, the income was not sufficient even to + meet the interest on the foreign debt. + </p> + <p> + In the absence of other means of obtaining funds Congress had resorted + early to the unfortunate expedient of issuing paper money based solely on + the good faith of the States to redeem it. This fiat money held its value + for some little time; then it began to shrink and, once started on the + downward path, its fall was rapid. Congress tried to meet the emergency by + issuing paper in increasing quantities until the inevitable happened: the + paper money ceased to have any value and practically disappeared from + circulation. Jefferson said that + <span class="pagenum"><a name="Page_89" id="Page_89">89</a></span> + by the end of 1781 one thousand dollars of Continental scrip was worth + about one dollar in specie. + </p> + <p> + The States had already issued paper money of their own, and their + experience ought to have taught them a lesson, but with the coming of hard + times after the war, they once more proposed by issuing paper to relieve + the “scarcity of money” which was commonly supposed to be one + of the principal evils of the day. In 1785 and 1786 paper money parties + appeared in almost all the States. In some of these the conservative + element was strong enough to prevent action, but in others the movement + had to run its fatal course. The futility of what they were doing should + have been revealed to all concerned by proposals seriously made that the + paper money which was issued should depreciate at a regular rate each + year until it should finally disappear. + </p> + <p> + The experience of Rhode Island is not to be regarded as typical of what + was happening throughout the country but is, indeed, rather to be + considered as exceptional. Yet it attracted widespread attention and + revealed to anxious observers the dangers to which the country was subject + if the existing condition of affairs were allowed to continue. The + machinery of the State Government + <span class="pagenum"><a name="Page_90" id="Page_90">90</a></span> + was captured by the paper-money party in the spring election of 1786. The + results were disappointing to the adherents of the paper-money cause, for + when the money was issued depreciation began at once, and those who tried + to pay their bills discovered that a heavy discount was demanded. In + response to indignant demands the legislature of Rhode Island passed an + act to force the acceptance of paper money under penalty and thereupon + tradesmen refused to make any sales at all—some closed their shops, + and others tried to carry on business by exchange of wares. The farmers + then retaliated by refusing to sell their produce to the shopkeepers, and + general confusion and acute distress followed. It was mainly a quarrel + between the farmers and the merchants, but it easily grew into a division + between town and country, and there followed a whole series of town + meetings and county conventions. The old line of cleavage was fairly well + represented by the excommunication of a member of St. John’s + Episcopal Church of Providence for tendering bank notes, and the expulsion + of a member of the Society of the Cincinnati for a similar cause. + </p> + <p> + The contest culminated in the case of Trevett <i>vs.</i> Weeden, 1786, + which is memorable in the judicial + <span class="pagenum"><a name="Page_91" id="Page_91">91</a></span> + annals of the United States. The legislature, not being satisfied with + ordinary methods of enforcement, had provided for the summary trial of + offenders without a jury before a court whose judges were removable by the + Assembly and were therefore supposedly subservient to its wishes. In the + case in question the Superior Court boldly declared the enforcing act to + be unconstitutional, and for their contumacious behavior the judges were + summoned before the legislature. They escaped punishment, but only one of + them was re¨elected to office. + </p> + <p> + Meanwhile disorders of a more serious sort, which startled the whole + country, occurred in Massachusetts. It is doubtful if a satisfactory + explanation ever will be found, at least one which will be universally + accepted, as to the causes and origin of Shays’ Rebellion in 1786. + Some historians maintain that the uprising resulted primarily from a + scarcity of money, from a shortage in the circulating medium; that, + while the eastern counties were keeping up their foreign trade + sufficiently at least to bring in enough metallic currency to relieve the + stringency and could also use various forms of credit, the western + counties had no such remedy. Others are inclined to think that the + difficulties of + <span class="pagenum"><a name="Page_92" id="Page_92">92</a></span> + the farmers in western Massachusetts were caused largely by the return to + normal conditions after the extraordinarily good times between 1776 and + 1780, and that it was the discomfort attending the process that drove them + to revolt. Another explanation reminds one of present-day charges against + undue influence of high financial circles, when it is insinuated and even + directly charged that the rebellion was fostered by conservative interests + who were trying to create a public opinion in favor of a more strongly + organized government. + </p> + <p> + Whatever other causes there may have been, the immediate source of trouble + was the enforced payment of indebtedness, which to a large extent had been + allowed to remain in abeyance during the war. This postponement of + settlement had not been merely for humanitarian reasons; it would have + been the height of folly to collect when the currency was greatly + depreciated. But conditions were supposed to have been restored to normal + with the cessation of hostilities, and creditors were generally inclined + to demand payment. These demands, coinciding with the heavy taxes, drove + the people of western Massachusetts into revolt. Feeling ran high against + lawyers who prosecuted suits for creditors, and this antagonism was easily + transferred + <span class="pagenum"><a name="Page_93" id="Page_93">93</a></span> + to the courts in which the suits were brought. The rebellion in + Massachusetts accordingly took the form of a demonstration against the + courts. A paper was carried from town to town in the County of Worcester, + in which the signers promised to do their utmost “to prevent the + sitting of the Inferior Court of Common Pleas for the county, or of any + other court that should attempt to take property by distress.” + </p> + <p> + The Massachusetts Legislature adjourned in July, 1786, without remedying + the trouble and also without authorizing an issue of paper money which the + hard-pressed debtors were demanding. In the months following mobs + prevented the courts from sitting in various towns. A special session of + the legislature was then called by the Governor but, when that special + session had adjourned on the 18th of November, it might just as well have + never met. It had attempted to remedy various grievances and had made + concessions to the malcontents, but it had also passed measures to + strengthen the hands of the Governor. This only seemed to inflame the + rioters, and the disorders increased. After the lower courts a move was + made against the State Supreme Court, and plans were laid for a concerted + movement against the cities in the eastern + <span class="pagenum"><a name="Page_94" id="Page_94">94</a></span> + part of the State. Civil war + seemed imminent. The insurgents were led by Daniel Shays, an officer in + the army of the Revolution, and the party of law and order was represented + by Governor James Bowdoin, who raised some four thousand troops and placed + them under the command of General Benjamin Lincoln. + </p> + <p> + The time of year was unfortunate for the insurgents, especially as + December was unusually cold and there was a heavy snowfall. Shays could + not provide stores and equipment and was unable to maintain discipline. A + threatened attack on Cambridge came to naught for, when preparations were + made to protect the city, the rebels began a disorderly retreat, and in + the intense cold and deep snow they suffered severely, and many died from + exposure. The center of interest then shifted to Springfield, where the + insurgents were attempting to seize the United States arsenal. The local + militia had already repelled the first attacks, and the appearance of + General Lincoln with his troops completed the demoralization of + Shays’ army. The insurgents retreated, but Lincoln pursued + relentlessly and broke them up into small bands, which then wandered + about the country preying upon the unfortunate inhabitants. When spring + came, most + <span class="pagenum"><a name="Page_95" id="Page_95">95</a></span> + of them had been subdued or had taken refuge in the neighboring States. + </p> + <p> + Shays’ Rebellion was fairly easily suppressed, even though it + required the shedding of some blood. But it was the possibility of further + outbreaks that destroyed men’s peace of mind. There were similar + disturbances in other States; and there the Massachusetts insurgents found + sympathy, support, and finally a refuge. When the worst was over, and + Governor Bowdoin applied to the neighboring States for help in capturing + the last of the refugees, Rhode Island and Vermont failed to respond to + the extent that might have been expected of them. The danger, therefore, + of the insurrection spreading was a cause of deep concern. This feeling + was increased by the impotence of Congress. The Government had sufficient + excuse for intervention after the attack upon the national arsenal in + Springfield. Congress, indeed, began to raise troops but did not dare to + admit its purpose and offered as a pretext an expedition against the + Northwestern Indians. The rebellion was over before any assistance could + be given. The inefficiency of Congress and its lack of influence were + evident. Like the disorders in Rhode Island, Shays’ Rebellion in + Massachusetts helped to bring + <span class="pagenum"><a name="Page_96" id="Page_96">96</a></span> + about a reaction and strengthened the + conservative movement for reform. + </p> + <p> + These untoward happenings, however, were only symptoms: the causes of the + trouble lay far deeper. This fact was recognized even in Rhode Island, for + at least one of the conventions had passed resolutions declaring that, in + considering the condition of the whole country, what particularly + concerned them was the condition of trade. Paradoxical as it may seem, the + trade and commerce of the country were already on the upward grade and + prosperity was actually returning. But prosperity is usually a process of + slow growth and is seldom recognized by the community at large until it is + well established. Farsighted men forecast the coming of good times in + advance of the rest of the community, and prosper accordingly. The + majority of the people know that prosperity has come only when it is + unmistakably present, and some are not aware of it until it has begun to + go. If that be true in our day, much more was it true in the eighteenth + century, when means of communication were so poor that it took days for a + message to go from Boston to New York and weeks for news to get from + Boston to Charleston. It was a period of adjustment, and as we look back + after the event we can see that the American + <span class="pagenum"><a name="Page_97" id="Page_97">97</a></span> + people were adapting + themselves with remarkable skill to the new conditions. But that was not + so evident to the men who were feeling the pinch of hard times, and when + all the attendant circumstances, some of which have been described, are + taken into account, it is not surprising that commercial depression should + be one of the strongest influences in, and the immediate occasion of, + bringing men to the point of willingness to attempt some radical changes. + </p> + <p> + The fact needs to be reiterated that the people of the United States were + largely dependent upon agriculture and other forms of extractive industry, + and that markets for the disposal of their goods were an absolute + necessity. Some of the States, especially New England and the Middle + States, were interested in the carrying trade, but all were concerned in + obtaining markets. On account of jealousy interstate trade continued a + precarious existence and by no means sufficed to dispose of the surplus + products, so that foreign markets were necessary. The people were + especially concerned for the establishment of the old trade with the West + India Islands, which had been the mainstay of their prosperity in colonial + times; and after the British Government, in 1783, restricted + <span class="pagenum"><a name="Page_98" id="Page_98">98</a></span> + that trade to + British vessels, many people in the United States were attributing hard + times to British malignancy. The only action which seemed possible was to + force Great Britain in particular, but other foreign countries as well, to + make such trade agreements as the prosperity of the United States + demanded. The only hope seemed to lie in a commercial policy of reprisal + which would force other countries to open their markets to American goods. + Retaliation was the dominating idea in the foreign policy of the time. So + in 1784 Congress made a new recommendation to the States, prefacing it + with an assertion of the importance of commerce, saying: “The + fortune of every Citizen is interested in the success thereof; for it is + the constant source of wealth and incentive to industry; and the value of + our produce and our land must ever rise or fall in proportion to the + prosperous or adverse state of trade.” + </p> + <p> + And after declaring that Great Britain had “adopted regulations + destructive of our commerce with her West India Islands,” it was + further asserted: “Unless the United States in Congress assembled + shall be vested with powers competent to the protection of commerce, + they can never command reciprocal advantages in trade.” It was + <span class="pagenum"><a name="Page_99" id="Page_99">99</a></span> + therefore proposed to give + to Congress for fifteen years the power to prohibit the importation or + exportation of goods at American ports except in vessels owned by the + people of the United States or by the subjects of foreign governments + having treaties of commerce with the United States. This was simply a + request for authorization to adopt navigation acts. But the individual + States were too much concerned with their own interests and did not or + would not appreciate the rights of the other States or the interests of + the Union as a whole. And so the commercial amendment of 1784 suffered the + fate of all other amendments proposed to the Articles of Confederation. In + fact only two States accepted it. + </p> + <p> + It usually happens that some minor occurrence, almost unnoticed at the + time, leads directly to the most important consequences. And an incident + in domestic affairs started the chain of events in the United States that + ended in the reform of the Federal Government. The rivalry and jealousy + among the States had brought matters to such a pass that either Congress + must be vested with adequate powers or the Confederation must collapse. + But the Articles of Confederation provided no remedy, and it had been + found that amendments to that + <span class="pagenum"><a name="Page_100" id="Page_100">100</a></span> + instrument could not be obtained. It was + necessary, therefore, to proceed in some extra-legal fashion. The Articles + of Confederation specifically forbade treaties or alliances between the + States unless approved by Congress. Yet Virginia and Maryland, in 1785, + had come to a working agreement regarding the use of the Potomac River, + which was the boundary line between them. Commissioners representing both + parties had met at Alexandria and soon adjourned to Mount Vernon, where + they not only reached an amicable settlement of the immediate questions + before them but also discussed the larger subjects of duties and + commercial matters in general. When the Maryland legislature came to act + on the report, it proposed that Pennsylvania and Delaware should be + invited to join with them in formulating a common commercial policy. + Virginia then went one step farther and invited all the other States to + send commissioners to a general trade convention and later announced + Annapolis as the place of meeting and set the time for September, 1786. + </p> + <p> + This action was unconstitutional and was so recognized, for James Madison + notes that “from the Legislative Journals of Virginia it appears, + that a vote to apply for a sanction of Congress was + <span class="pagenum"><a name="Page_101" id="Page_101">101</a></span> + followed by a vote against a communication of the Compact to + Congress,” and he mentions other similar violations of the + central authority. That this did not attract more attention was + probably due to the public interest being absorbed just at that + time by the paper money agitation. Then, too, the men concerned + seem to have been willing to avoid publicity. Their purposes are + well brought out in a letter of Monsieur Louis Otto, French + Chargé d’Affaires, written on October 10, 1786, + to the Comte de Vergennes, Minister for Foreign Affairs, though + their motives may be somewhat misinterpreted. + </p> + <blockquote> + <p> + Although there are no nobles in America, there is a class of men + denominated “gentlemen,” who, by reason of their wealth, + their talents, their education, their families, or the offices they hold, + aspire to a preeminence which the people refuse to grant them; and, + although many of these men have betrayed the interests of their order to + gain popularity, there reigns among them a connection so much the more + intimate as they almost all of them dread the efforts of the people to + despoil them of their possessions, and, moreover, they are creditors, and + therefore interested in strengthening the government, and watching over + the execution of the laws. + </p> + <p> + These men generally pay very heavy taxes, while the small proprietors + escape the vigilance of the collectors. + <span class="pagenum"><a name="Page_102" id="Page_102">102</a></span> + The majority of them being + merchants, it is for their interest to establish the credit of the United + States in Europe on a solid foundation by the exact payment of debts, and + to grant to congress powers extensive enough to compel the people to + contribute for this purpose. The attempt, my lord, has been vain, by + pamphlets and other publications, to spread notions of justice and + integrity, and to deprive the people of a freedom which they have so + misused. By proposing a new organization of the federal government all + minds would have been revolted; circumstances ruinous to the commerce of + America have happily arisen to furnish the reformers with a pretext for + introducing innovations. + </p> + <p> + They represented to the people that the American name had become + opprobrious among all the nations of Europe; that the flag of the United + States was everywhere exposed to insults and annoyance; the husbandman, no + longer able to export his produce freely, would soon be reduced to want; + it was high time to retaliate, and to convince foreign powers that the + United States would not with impunity suffer such a violation of the + freedom of trade, but that strong measures could be taken only with the + consent of the thirteen states, and that congress, not having the + necessary powers, it was essential to form a general assembly instructed + to present to congress the plan for its adoption, and to point out the + means of carrying it into execution. + </p> + <p> + The people, generally discontented with the obstacles in the way of + commerce, and scarcely suspecting the secret motives of their opponents, + ardently embraced this measure, and appointed commissioners, who were to + assemble at Annapolis in the beginning of September. + </p> + <p> + <span class="pagenum"><a name="Page_103" id="Page_103">103</a></span> + The authors of this proposition had no hope, nor even desire, to see the + success of this assembly of commissioners, which was only intended to + prepare a question much more important than that of commerce. The measures + were so well taken that at the end of September no more than five states + were represented at Annapolis, and the commissioners from the northern + states tarried several days at New York in order to retard their arrival. + </p> + <p> + The states which assembled, after having waited nearly three weeks, + separated under the pretext that they were not in sufficient numbers to + enter on business, and, to justify this dissolution, they addressed to the + different legislatures and to congress a report, the translation of which + I have the honor to enclose to you. ¹ + </p> + </blockquote> + <div class="footer"> + <a id="footer_103-1" name="footer_103-1"></a> + <p class="footer"> + ¹ Quoted by Bancroft, <i>History of the Formation of the +Constitution,</i> vol. ii, Appendix, pp. 399-400. + </p> + </div> + + <p> + Among these “men denominated ‘gentlemen’” + to whom the French Chargé d’Affaires alludes, was James + Madison of Virginia. He was one of the younger men, unfitted by + temperament and physique to be a soldier, who yet had found his + opportunity in the Revolution. Graduating in 1771 from Princeton, + where tradition tells of the part he took in patriotic demonstrations + on the campus—characteristic of students then as now—he + had thrown himself heart and soul into the American cause. He was a + member of the convention to + <span class="pagenum"><a name="Page_104" id="Page_104">104</a></span> + frame the first State Constitution for Virginia in + 1776, and from that time on, because of his ability, he was an important + figure in the political history of his State and of his country. He was + largely responsible for bringing about the conference between Virginia and + Maryland and for the subsequent steps resulting in the trade convention at + Annapolis. And yet Madison seldom took a conspicuous part, preferring to + remain in the background and to allow others to appear as the leaders. + When the Annapolis Convention assembled, for example, he suffered + Alexander Hamilton of New York to play the leading rôle. + </p> + <p> + Hamilton was then approaching thirty years of age and was one of the + ablest men in the United States. Though his best work was done in later + years, when he proved himself to be perhaps the most brilliant of American + statesmen, with an extraordinary genius for administrative organization, + the part that he took in the affairs of this period was important. He was + small and slight in person but with an expressive face, fair complexion, + and cheeks of “almost feminine rosiness.” The usual + aspect of his countenance was thoughtful and even severe, but in + conversation his face lighted up with a remarkably attractive smile. He + carried himself + <span class="pagenum"><a name="Page_105" id="Page_105">105</a></span> + erectly and with dignity, so that in spite of his small + figure, when he entered a room “it was apparent, from the + respectful attention of the company, that he was a distinguished + person.” A contemporary, speaking of the opposite and almost + irreconcilable traits of Hamilton’s character, pronounced a + bust of him as giving a complete exposition of his character: + “Draw a handkerchief around the mouth of the bust, and the remnant of + the countenance represents fortitude and intrepidity such as we have often + seen in the plates of Roman heroes. Veil in the same manner the face and + leave the mouth and chin only discernible, and all this fortitude melts + and vanishes into almost feminine softness.” + </p> + <p> + Hamilton was a leading spirit in the Annapolis Trade Convention and wrote + the report that it adopted. Whether or not there is any truth in the + assertion of the French chargé that Hamilton and others thought it + advisable to disguise their purposes, there is no doubt that the Annapolis + Convention was an all-important step in the progress of reform, and its + recommendation was the direct occasion of the calling of the great + convention that framed the Constitution of the United States. + </p> + <p> + <span class="pagenum"><a name="Page_106" id="Page_106">106</a></span> + The recommendation of the Annapolis delegates was in the form of a report + to the legislatures of their respective States, in which they referred to + the defects in the Federal Government and called for “a + convention of deputies from the different states for the special purpose + of entering into this investigation and digesting a Plan for supplying + such defects.” Philadelphia was suggested as the place of + meeting, and the time was fixed for the second Monday in May of the + next year. + </p> + <p> + Several of the States acted promptly upon this recommendation and in + February, 1787, Congress adopted a resolution accepting the proposal and + calling the convention “for the sole and express purpose of revising the + Articles of Confederation and reporting … such alterations … + as shall … render the Federal Constitution adequate to the + exigencies of Government and the preservation of the Union.” + Before the time fixed for the meeting of the Philadelphia Convention, or + shortly after that date, all the States had appointed deputies with the + exception of New Hampshire and Rhode Island. New Hampshire was favorably + disposed toward the meeting but, owing to local conditions, failed to act + before the Convention was well under way. Delegates, however, arrived in + time to share + <span class="pagenum"><a name="Page_107" id="Page_107">107</a></span> + in some of the most important proceedings. Rhode Island + alone refused to take part, although a letter signed by some of the + prominent men was sent to the Convention pledging their support. + </p> + <hr class="main" /> + + <div class="chapterhead"> + <a name="link2HCH0006" id="link2HCH0006"> + <!-- H2 anchor --> </a> + <br /><span class="pagenum"><a name="Page_108" id="Page_108">108</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents">CHAPTER VI</a></h2> + <h3>THE FEDERAL CONVENTION</h3> + + <p> + <span class="smcap">The</span> body of delegates which met in + Philadelphia in 1787 was the most important convention that + ever sat in the United States. The Confederation + was a failure, and if the new nation was to be justified in the eyes of + the world, it must show itself capable of effective union. The members of + the Convention realized the significance of the task before them, which + was, as Madison said, “now to decide forever the fate of + Republican government.” Gouverneur Morris, with unwonted + seriousness, declared: “The whole human race will be affected + by the proceedings of this Convention.” + James Wilson spoke with equal gravity: “After the lapse of + six thousand years since the creation of the world America now presents + the first instance of a people assembled to weigh deliberately and calmly + and to decide leisurely and peaceably upon the form of government by + which they will bind themselves and their posterity.” + </p> + <p> + <span class="pagenum"><a name="Page_109" id="Page_109">109</a></span> + Not all the men to whom this undertaking was entrusted, and who were + taking themselves and their work so seriously, could pretend to social + distinction, but practically all belonged to the upper ruling class. At + the Indian Queen, a tavern on Fourth Street between Market and Chestnut, + some of the delegates had a hall in which they lived by themselves. The + meetings of the Convention were held in an upper room of the State House. + The sessions were secret; sentries were placed at the door to keep away + all intruders; and the pavement of the street in front of the building was + covered with loose earth so that the noises of passing traffic should not + disturb this august assembly. It is not surprising that a tradition grew + up about the Federal Convention which hedged it round with a sort of awe + and reverence. Even Thomas Jefferson referred to it as “an + assembly of demigods.” If we can get away from the glamour + which has been spread over the work of the Fathers of the Constitution and + understand that they were human beings, even as we are, and influenced by + the same motives as other men, it may be possible to obtain a more + faithful impression of what actually took place. + </p> + <p> + Since representation in the Convention was to be + <span class="pagenum"><a name="Page_110" id="Page_110">110</a></span> + by States, just as it had + been in the Continental Congress, the presence of delegations from a + majority of the States was necessary for organization. It is a commentary + upon the times, upon the difficulties of travel, and upon the leisurely + habits of the people, that the meeting which had been called for the 14th + of May could not begin its work for over ten days. The 25th of May was + stormy, and only twenty-nine delegates were on hand when the Convention + organized. The slender attendance can only partially be attributed to the + weather, for in the following three months and a half of the Convention, + at which fifty-five members were present at one time or another, the + average attendance was only slightly larger than that of the first day. In + such a small body personality counted for much, in ways that the historian + can only surmise. Many compromises of conflicting interests were reached + by informal discussion outside of the formal sessions. In these small + gatherings individual character was often as decisive as weighty argument. + </p> + <p> + George Washington was unanimously chosen as the presiding officer of the + Convention. He sat on a raised platform; in a large, carved, high-backed + chair, from which his commanding figure and dignified bearing exerted a + potent influence on the + <span class="pagenum"><a name="Page_111" id="Page_111">111</a></span> + assembly, an influence enhanced by the formal + courtesy and stately intercourse of the times. Washington was the great + man of his day and the members not only respected and admired him; some of + them were actually afraid of him. When he rose to his feet he was almost + the Commander-in-Chief again. There is evidence to show that his support + or disapproval was at times a decisive factor in the deliberations of the + Convention. + </p> + <p> + Virginia, which had taken a conspicuous part in the calling of the + Convention, was looked to for leadership in the work that was to be done. + James Madison, next to Washington the most important member of the + Virginia delegation, was the very opposite of Washington in many + respects—small and slight in stature, inconspicuous in dress + as in figure, modest and retiring, but with a quick, active mind and + wide knowledge obtained both from experience in public affairs and + from extensive reading. Washington was the man of action; Madison, + the scholar in politics. Madison was the younger by nearly twenty + years, but Washington admired him greatly and gave him the support + of his influence—a matter of no little consequence, for Madison + was the leading expert worker of the Convention in the business of + framing the Constitution. + <span class="pagenum"><a name="Page_112" id="Page_112">112</a></span> + Governor Edmund Randolph, with his tall + figure, handsome face, and dignified manner, made an excellent + impression in the position accorded to him of nominal leader of + the Virginia delegation. Among others from the same State who should be + noticed were the famous lawyers, George Wythe and George Mason. + </p> + <p> + Among the deputies from Pennsylvania the foremost was James Wilson, the + “Caledonian,” who probably stood next in importance + in the convention to Madison and Washington. He had come to America as a + young man just when the troubles with England were beginning and by sheer + ability had attained a position of prominence. Several times a member of + Congress, a signer of the Declaration of Independence, he was now regarded + as one of the ablest lawyers in the United States. A more brilliant member + of the Pennsylvania delegation, and one of the most brilliant of the + Convention, was Gouverneur Morris, who shone by his cleverness and quick + wit as well as by his wonderful command of language. But Morris was + admired more than he was trusted; and, while he supported the efforts for + a strong government, his support was not always as great a help as might + have been expected. A crippled arm and a wooden leg + <span class="pagenum"><a name="Page_113" id="Page_113">113</a></span> + might detract from his + personal appearance, but they could not subdue his spirit and + audacity. ¹ + </p> + <div class="footer"> + <a id="footer_113-1" name="footer_113-1"></a> + <p class="footer"> + ¹ There is a story which illustrates admirably the audacity of + Morris and the austere dignity of Washington. The story runs that + Morris and several members of the Cabinet were spending an evening at + the President’s house in Philadelphia, where they were discussing + the absorbing question of the hour, whatever it may have been. + “The President,” Morris is said to have related + on the following day, “was standing with his arms behind + him—his usual position—his back to the + fire. I started up and spoke, stamping, as I walked up and down, with + my wooden leg; and, as I was certain I had the best of the argument, as + I finished I stalked up to the President, slapped him on the back, and + said. ‘Ain’t I right, General?’ The President did not + speak, but the majesty of the American people was before me. Oh, his + look! How I wished the floor would open and I could descend to the + cellar! You know me,” continued Mr. Morris, “and you + know my eye would never quail before any other + mortal.”—W. T. Read, <i>Life and Correspondence of + George Read</i> (1870) p. 441. + </p> + </div> + + <p> + There were other prominent members of the Pennsylvania delegation, but + none of them took an important part in the Convention, not even the aged + Benjamin Franklin, President of the State. At the age of eighty-one his + powers were failing, and he was so feeble that his colleague Wilson read + his speeches for him. His opinions were respected, but they do not seem to + have carried much weight. + </p> + <p> + Other noteworthy members of the Convention, though hardly in the first + class, were the handsome and charming Rufus King of Massachusetts, one of + the coming men of the country, and Nathaniel + <span class="pagenum"><a name="Page_114" id="Page_114">114</a></span> + Gorham of the same State, who + was President of Congress—a man of good sense rather than of great + ability, but one whose reputation was high and whose presence was a + distinct asset to the Convention. Then, too, there were the delegates from + South Carolina: John Rutledge, the orator, General Charles Cotesworth + Pinckney of Revolutionary fame, and his cousin, Charles Pinckney. The last + named took a conspicuous part in the proceedings in Philadelphia but, so + far as the outcome was concerned, left his mark on the Constitution mainly + in minor matters and details. + </p> + <p> + The men who have been named were nearly all supporters of the plan for a + centralized government. On the other side were William Paterson of New + Jersey, who had been Attorney-General of his State for eleven years and + who was respected for his knowledge and ability; John Dickinson of + Delaware, the author of the <i>Farmer’s Letters</i> and + chairman of the committee of Congress that had framed the Articles of + Confederation—able, scholarly, and sincere, but nervous, sensitive, + and conscientious to the verge of timidity—whose refusal to sign the + Declaration of Independence had cost him his popularity, though he was + afterward returned to Congress and became president successively of + <span class="pagenum"><a name="Page_115" id="Page_115">115</a></span> + Delaware and of Pennsylvania; Elbridge Gerry of Massachusetts, a + successful merchant, prominent in politics, and greatly interested in + questions of commerce and finance; and the Connecticut delegates, forming + an unusual trio, Dr. William Samuel Johnson, Roger Sherman, and Oliver + Ellsworth. These men were fearful of establishing too strong a government + and were at one time or another to be found in opposition to Madison and + his supporters. They were not mere obstructionists, however, and while not + constructive in the same way that Madison and Wilson were, they must be + given some credit for the form which the Constitution finally assumed. + Their greatest service was in restraining the tendency of the majority to + overrule the rights of States and in modifying the desires of individuals + for a government that would have been too strong to work well in practice. + </p> + <p> + Alexander Hamilton of New York, as one of the ablest members of the + Convention, was expected to take an important part, but he was out of + touch with the views of the majority. He was aristocratic rather than + democratic and, however excellent his ideas may have been, they were too + radical for his fellow delegates and found but little support. He threw + his strength in favor of a strong + <span class="pagenum"><a name="Page_116" id="Page_116">116</a></span> + government and was ready to aid the + movement in whatever way he could. But within his own delegation he was + outvoted by Robert Yates and John Lansing, and before the sessions were + half over he was deprived of a vote by the withdrawal of his colleagues. + Thereupon, finding himself of little service, he went to New York and + returned to Philadelphia only once or twice for a few days at a time, and + finally to sign the completed document. Luther Martin of Maryland was an + able lawyer and the Attorney-General of his State; but he was supposed to + be allied with undesirable interests, and it was said that he had been + sent to the Convention for the purpose of opposing a strong government. He + proved to be a tiresome speaker and his prosiness, when added to the + suspicion attaching to his motives, cost him much of the influence which + he might otherwise have had. + </p> + <p> + All in all, the delegates to the Federal Convention were a remarkable body + of men. Most of them had played important parts in the drama of the + Revolution; three-fourths of them had served in Congress, and practically + all were persons of note in their respective States and had held important + public positions. They may not have been the “assembly of + demigods” which Jefferson called + <span class="pagenum"><a name="Page_117" id="Page_117">117</a></span> + them, for another contemporary + insisted “that twenty assemblies of equal number might be collected + equally respectable both in point of ability, integrity, and + patriotism.” Perhaps it would be safer to regard the Convention + as a fairly representative body, which was of a somewhat higher order than + would be gathered together today, because the social conditions of those + days tended to bring forward men of a better class, and because the + seriousness of the crisis had called out leaders of the highest type. + </p> + <hr class="break" /> + <p> + Two or three days were consumed in organizing the + Convention—electing officers, considering the delegates’ + credentials, and adopting rules of procedure; and when these necessary + preliminaries had been accomplished the main business was opened with the + presentation by the Virginia delegation of a series of resolutions + providing for radical changes in the machinery of the Confederation. The + principal features were the organization of a legislature of two houses + proportional to population and with increased powers, the establishment of + a separate executive, and the creation of an independent judiciary. This + was in reality providing for a new government and was probably quite + beyond the + <span class="pagenum"><a name="Page_118" id="Page_118">118</a></span> + ideas of most of the members of the Convention, who had come + there under instructions and with the expectation of revising the + Articles of Confederation. But after the Virginia Plan had been the + subject of discussion for two weeks so that the members had become a + little more accustomed to its proposals, and after minor modifications had + been made in the wording of the resolutions, the Convention was won over + to its support. To check this drift toward radical change the opposition + headed by New Jersey and Connecticut presented the so-called New Jersey + Plan, which was in sharp contrast to the Virginia Resolutions, for it + contemplated only a revision of the Articles of Confederation, but after a + relatively short discussion, the Virginia Plan was adopted by a vote of + seven States against four, with one State divided. + </p> + <p> + The dividing line between the two parties or groups in the Convention had + quickly manifested itself. It proved to be the same line that had divided + the Congress of the Confederation, the cleavage between the large States + and the small States. The large States were in favor of representation in + both houses of the legislature according to population, while the small + States were opposed to any change which would deprive them of their equal + <span class="pagenum"><a name="Page_119" id="Page_119">119</a></span> + vote in Congress, and though outvoted, they were not ready to yield. The + Virginia Plan, and subsequently the New Jersey Plan, had first been + considered in committee of the whole, and the question of + “proportional representation,” as it was then called, + would accordingly come up again in formal session. Several weeks had been + occupied by the proceedings, so that it was now near the end of June, and + in general the discussions had been conducted with remarkably good temper. + But it was evidently the calm before the storm. And the issue was finally + joined when the question of representation in the two houses again came + before the Convention. The majority of the States on the 29th of June once + more voted in favor of proportional representation in the lower house. But + on the question of the upper house, owing to a peculiar combination of + circumstances—the absence of one delegate and another’s + change of vote causing the position of their respective States to be + reversed or nullified—the vote on the 2d of July resulted in a tie. + This brought the proceedings of the Convention to a standstill. A + committee of one member from each State was appointed to consider the + question, and, “that time might be given to the Committee, + and to such as chose to attend + <span class="pagenum"><a name="Page_120" id="Page_120">120</a></span> + to the celebration on the + anniversary of Independence, the Convention adjourned” over + the Fourth. The committee was chosen by ballot, and its composition was a + clear indication that the small-State men had won their fight, and that a + compromise would be effected. + </p> + <p> + It was during the debate upon this subject, when feeling was running high + and when at times it seemed as if the Convention in default of any + satisfactory solution would permanently adjourn, that Franklin proposed + that “prayers imploring the assistance of Heaven … be + held in this Assembly every morning.” Tradition relates that + Hamilton opposed the motion. The members were evidently afraid of the + impression which would be created outside, if it were suspected that + there were dissensions in the Convention, and the motion was not put to + a vote. + </p> + <p> + How far physical conditions may influence men in adopting any particular + course of action it is impossible to say. But just when the discussion in + the Convention reached a critical stage, just when the compromise + presented by the committee was ready for adoption or rejection, the + weather turned from unpleasantly hot to being comfortably cool. And, after + some little time spent in the consideration + <span class="pagenum"><a name="Page_121" id="Page_121">121</a></span> + of details, on the 16th of + July, the great compromise of the Constitution was adopted. There was no + other that compared with it in importance. Its most significant features + were that in the upper house each State should have an equal vote and that + in the lower house representation should be apportioned on the basis of + population, while direct taxation should follow the same proportion. The + further proviso that money bills should originate in the lower house and + should not be amended in the upper house was regarded by some delegates as + of considerable importance, though others did not think so, and eventually + the restriction upon amendment by the upper house was dropped. + </p> + <p> + There has long been a prevailing belief that an essential feature of the + great compromise was the counting of only three-fifths of the slaves in + enumerating the population. This impression is quite erroneous. It was one + of the details of the compromise, but it had been a feature of the revenue + amendment of 1783, and it was generally accepted as a happy solution of + the difficulty that slaves possessed the attributes both of persons and of + property. It had been included both in the amended Virginia Plan and in + the New Jersey Plan; and when it was embodied in the compromise it was + <span class="pagenum"><a name="Page_122" id="Page_122">122</a></span> + described as “the ratio recommended by Congress in their + resolutions of April 18, 1783.” A few months later, in explaining + the matter to the Massachusetts convention, Rufus King said that, + “This rule … was adopted because it was the language of all + America.” In reality the three-fifths rule was a mere incident in that + part of the great compromise which declared that “representation + should be proportioned according to direct taxation.” As + a further indication of the attitude of the Convention upon + this point, an amendment to have the blacks counted equally with the + whites was voted down by eight States against two. + </p> + <p> + With the adoption of the great compromise a marked difference was + noticeable in the attitude of the delegates. Those from the large States + were deeply disappointed at the result and they asked for an adjournment + to give them time to consider what they should do. The next morning, + before the Convention met, they held a meeting to determine upon their + course of action. They were apparently afraid of taking the responsibility + for breaking up the Convention, so they finally decided to let the + proceedings go on and to see what might be the ultimate outcome. Rumors of + these dissensions had reached the ears of the public, and it + <span class="pagenum"><a name="Page_123" id="Page_123">123</a></span> + may have been + to quiet any misgivings that the following inspired item appeared in + several local papers: “So great is the unanimity, we hear, that + prevails in the Convention, upon all great federal subjects, that it has + been proposed to call the room in which they assemble Unanimity + Hall.” + </p> + <p> + On the other hand the effect of this great compromise upon the delegates + from the small States was distinctly favorable. Having obtained equal + representation in one branch of the legislature, they now proceeded with + much greater willingness to consider the strengthening of the central + government. Many details were yet to be arranged, and sharp differences of + opinion existed in connection with the executive as well as with the + judiciary. But these difficulties were slight in comparison with those + which they had already surmounted in the matter of representation. By the + end of July the fifteen resolutions of the original Virginia Plan had been + increased to twenty-three, with many enlargements and amendments, and the + Convention had gone as far as it could effectively in determining the + general principles upon which the government should be formed. There were + too many members to work efficiently when it came to the actual framing of + a constitution with all the inevitable + <span class="pagenum"><a name="Page_124" id="Page_124">124</a></span> + details that were necessary in + setting up a machinery of government. Accordingly this task was turned + over to a committee of five members who had already given evidence of + their ability in this direction. Rutledge was made the chairman, and the + others were Randolph, Gorham, Ellsworth, and Wilson. To give them time to + perfect their work, on the 26th of July the Convention adjourned for ten + days. + </p> + <hr class="main" /> + + <div class="chapterhead"> + <a name="link2HCH0007" id="link2HCH0007"> + <!-- H2 anchor --> </a> + <br /><span class="pagenum"><a name="Page_125" id="Page_125">125</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents">CHAPTER VII</a></h2> + <h3>FINISHING THE WORK</h3> + + <p> + <span class="smcap">Rutledge</span> and his associates on the committee + of detail accomplished so much in such a short time that it seems as if + they must have worked day and night. Their efforts marked a distinct + stage in the development of the Constitution. The committee left no + records, but some of the members retained among their private papers + drafts of the different stages of the report they were framing, and we + are therefore able to surmise the way in which the committee proceeded. + Of course the members were bound by the resolutions which had been + adopted by the Convention and they held + themselves closely to the general principles that had been laid down. But + in the elaboration of details they seem to have begun with the Articles of + Confederation and to have used all of that document that was consistent + with the new plan of government. Then they made use of the New Jersey + Plan, which had been + <span class="pagenum"><a name="Page_126" id="Page_126">126</a></span> + put forward by the smaller States, and of a third + plan which had been presented by Charles Pinckney; for the rest they drew + largely upon the State Constitutions. By a combination of these different + sources the committee prepared a document bearing a close resemblance to + the present Constitution, although subjects were in a different order and + in somewhat different proportions, which, at the end of ten days, by + working on Sunday, they were able to present to the Convention. This draft + of a constitution was printed on seven folio pages with wide margins for + notes and emendations. + </p> + <p> + The Convention resumed its sessions on Monday, the 6th of August, and for + five weeks the report of the committee of detail was the subject of + discussion. For five hours each day, and sometimes for six hours, the + delegates kept persistently at their task. It was midsummer, and we read + in the diary of one of the members that in all that period only five days + were “cool.” Item by item, line by line, the printed draft of + the Constitution was considered. It is not possible, nor is it necessary, + to follow that work minutely; much of it was purely formal, and yet any + one who has had experience with committee reports knows how much + importance attaches to matters of phrasing. Just as the + <span class="pagenum"><a name="Page_127" id="Page_127">127</a></span> + Virginia Plan was made more acceptable to the majority by changes in + wording that seem to us insignificant, so modifications in phrasing + slowly won support for the draft of the Constitution. + </p> + <p> + The adoption of the great compromise, as we have seen, changed the whole + spirit of the Convention. There was now an expectation on the part of the + members that something definite was going to be accomplished, and all were + concerned in making the result as good and as acceptable as possible. In + other words, the spirit of compromise pervaded every action, and it is + essential to remember this in considering what was accomplished. + </p> + <p> + One of the greatest weaknesses of the Confederation was the inefficiency + of Congress. More than four pages, or three-fifths of the whole printed + draft, were devoted to Congress and its powers. It is more significant, + however, that in the new Constitution the legislative powers of the + Confederation were transferred bodily to the Congress of the United + States, and that the powers added were few in number, although of course + of the first importance. The Virginia Plan declared that, in addition to + the powers under the Confederation, Congress should have the right + “to legislate in all cases to which the separate States are + incompetent.” + <span class="pagenum"><a name="Page_128" id="Page_128">128</a></span> + This statement was elaborated in the printed draft + which granted specific powers of taxation, of regulating commerce, of + establishing a uniform rule of naturalization, and at the end of the + enumeration of powers two clauses were added giving to Congress + authority: + </p> + <blockquote> + <p> + To call forth the aid of the militia, in order to execute the laws of the + Union, enforce treaties, suppress insurrections, and repel invasions; + </p> + <p> + And to make all laws that shall be necessary and proper for carrying into + execution the foregoing powers. + </p> + </blockquote> + <p> + On the other hand, it was necessary to place some limitations upon the + power of Congress. A general restriction was laid by giving to the + executive a right of veto, which might be overruled, however, by a + two-thirds vote of both houses. Following British tradition—yielding + as it were to an inherited fear—these delegates in America were led + to place the first restraint upon the exercise of congressional authority + in connection with treason. The legislature of the United States was given + the power to declare the punishment of treason; but treason itself was + defined in the Constitution, and it was further asserted that a person + could be convicted of treason only on the testimony of two witnesses, and + that attainder of treason should not + <span class="pagenum"><a name="Page_129" id="Page_129">129</a></span> + “work corruption of blood nor forfeiture except during the life + of the person attainted.” Arising more nearly out of their own + experience was the prohibition of export taxes, of capitation taxes, + and of the granting of titles of nobility. + </p> + <p> + While the committee of detail was preparing its report, the Southern + members of that committee had succeeded in getting a provision inserted + that navigation acts could be passed only by a two-thirds vote of both + houses of the legislature. New England and the Middle States were strongly + in favor of navigation acts for, if they could require all American + products to be carried in American-built and American-owned vessels, they + would give a great stimulus to the ship-building and commerce of the + United States. They therefore wished to give Congress power in this matter + on exactly the same terms that other powers were granted. The South, + however, was opposed to this policy, for it wanted to encourage the + cheapest method of shipping its raw materials. The South also wanted a + larger number of slaves to meet its labor demands. To this need New + England was not favorably disposed. To reconcile the conflicting interests + of the two sections a compromise was finally reached. The requirement of a + two-thirds vote of both houses for + <span class="pagenum"><a name="Page_130" id="Page_130">130</a></span> + the passing of navigation acts which + the Southern members had obtained was abandoned, and on the other hand it + was determined that Congress should not be allowed to interfere with the + importation of slaves for twenty years. This, again, was one of the + important and conspicuous compromises of the Constitution. It is liable, + however, to be misunderstood, for one should not read into the sentiment + of the members of the Convention any of the later strong prejudice against + slavery. There were some who objected on moral grounds to the recognition + of slavery in the Constitution, and that word was carefully avoided by + referring to “such Persons as any States now existing shall think + proper to admit.” And there were some who were especially opposed + to the encouragement of that institution by permitting the slave trade, + but the majority of the delegates regarded slavery as an accepted + institution, as a part of the established order, and public sentiment on + the slave trade was not much more emphatic and positive than it is now + on cruelty to animals. As Ellsworth said, “The morality or wisdom + of slavery are considerations belonging to the States themselves,” + and the compromise was nothing more or less than a bargain between the + sections. + </p> + <p> + <span class="pagenum"><a name="Page_131" id="Page_131">131</a></span> + The fundamental weakness of the Confederation was the inability of the + Government to enforce its decrees, and in spite of the increased powers of + Congress, even including the use of the militia “to execute the laws + of the Union,” it was not felt that this defect had been entirely + remedied. Experience under the Confederation had taught men that something + more was necessary in the direction of restricting the States in matters + which might interfere with the working of the central Government. As in + the case of the powers of Congress, the Articles of Confederation were + again resorted to and the restrictions which had been placed upon the + States in that document were now embodied in the Constitution with + modifications and additions. But the final touch was given in connection + with the judiciary. + </p> + <p> + There was little in the printed draft and there is comparatively little in + the Constitution on the subject of the judiciary. A Federal Supreme Court + was provided for, and Congress was permitted, but not required, to + establish inferior courts; while the jurisdiction of these tribunals was + determined upon the general principles that it should extend to cases + arising under the Constitution and laws of the United States, to treaties + and cases in which + <span class="pagenum"><a name="Page_132" id="Page_132">132</a></span> + foreigners and foreign countries were involved, and to + controversies between States and citizens of different States. Nowhere in + the document itself is there any word as to that great power which has + been exercised by the Federal courts of declaring null and void laws or + parts of laws that are regarded as in contravention to the Constitution. + There is little doubt that the more important men in the Convention, such + as Wilson, Madison, Gouverneur Morris, King, Gerry, Mason, and Luther + Martin, believed that the judiciary would exercise this power, even though + it should not be specifically granted. The nearest approach to a + declaration of this power is to be found in a paragraph that was inserted + toward the end of the Constitution. Oddly enough, this was a modification + of a clause introduced by Luther Martin with quite another intent. As + adopted it reads: “That this Constitution and the Laws of the United + States … and all Treaties … 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 State to the Contrary + notwithstanding.” This paragraph may well be regarded as the + keystone of the constitutional arch of national power. Its significance + lies in the fact that the Constitution is + <span class="pagenum"><a name="Page_133" id="Page_133">133</a></span> + regarded not as a treaty nor as an agreement between + States, but as a law; and while its enforcement is backed by armed power, + it is a law enforceable in the courts. + </p> + <p> + One whole division of the Constitution has been as yet barely referred to, + and it not only presented one of the most perplexing problems which the + Convention faced but one of the last to be settled—that providing + for an executive. There was a general agreement in the Convention that + there should be a separate executive. The opinion also developed quite + early that a single executive was better than a plural body, but that was + as far as the members could go with any degree of unanimity. At the outset + they seemed to have thought that the executive would be dependent upon the + legislature, appointed by that body, and therefore more or less subject to + its control. But in the course of the proceedings the tendency was to + grant greater and greater powers to the executive; in other words, he was + becoming a figure of importance. No such office as that of President of + the United States was then in existence. It was a new position which they + were creating. We have become so accustomed to it that it is difficult for + us to hark back to the time when there was no such officer and to + <span class="pagenum"><a name="Page_134" id="Page_134">134</a></span> + realize the difficulties and the fears of the men who were responsible for + creating that office. + </p> + <p> + The presidency was obviously modeled after the governorship of the + individual States, and yet the incumbent was to be at the head of the + Thirteen States. Rufus King is frequently quoted to the effect that the + men of that time had been accustomed to considering themselves subjects of + the British king. Even at the time of the Convention there is good + evidence to show that some of the members were still agitating the + desirability of establishing a monarchy in the United States. It was a + common rumor that a son of George III was to be invited to come over, and + there is reason to believe that only a few months before the Convention + met Prince Henry of Prussia was approached by prominent people in this + country to see if he could be induced to accept the headship of the + States, that is, to become the king of the United States. The members of + the Convention evidently thought that they were establishing something + like a monarchy. As Randolph said, the people would see “the form + at least of a little monarch,” and they did not want him to have + despotic powers. When the sessions were over, a lady asked Franklin: + “Well, Doctor, what have we got, + <span class="pagenum"><a name="Page_135" id="Page_135">135</a></span> + a republic or a monarchy?” “A republic,” replied the + doctor, “if you can keep it.” + </p> + <p> + The increase of powers accruing to the executive office necessitated + placing a corresponding check upon the exercise of those powers. The + obvious method was to render the executive subject to impeachment, and it + was also readily agreed that his veto might be overruled by a two-thirds + vote of Congress; but some further safeguards were necessary, and the + whole question accordingly turned upon the method of his election and the + length of his term. In the course of the proceedings of the Convention, at + several different times, the members voted in favor of an appointment by + the national legislature, but they also voted against it. Once they voted + for a system of electors chosen by the State legislatures and twice they + voted against such a system. Three times they voted to reconsider the + whole question. It is no wonder that Gerry should say: “We seem to + be entirely at a loss.” + </p> + <p> + So it came to the end of August, with most of the other matters disposed + of and with the patience of the delegates worn out by the long strain of + four weeks’ close application. During the discussions it had become + apparent to every one that an election + <span class="pagenum"><a name="Page_136" id="Page_136">136</a></span> + of the President by the people + would give a decided advantage to the large States, so that again there + was arising the divergence between the large and small States. In order to + hasten matters to a conclusion, this and all other vexing details upon + which the Convention could not agree were turned over to a committee made + up of a member from each State. It was this committee which pointed the + way to a compromise by which the choice of the executive was to be + entrusted to electors chosen in each State as its legislature might + direct. The electors were to be equal in number to the State’s + representation in Congress, including both senators and representatives, + and in each State they were to meet and to vote for two persons, one of + whom should not be an inhabitant of that State. The votes were to be + listed and sent to Congress, and the person who had received the greatest + number of votes was to be President, provided such a number was a majority + of all the electors. In case of a tie the Senate was to choose between the + candidates and, if no one had a majority, the Senate was to elect + “from the five highest on the list.” + </p> + <p> + This method of voting would have given the large States a decided + advantage, of course, in that they would appoint the greater number of + electors, + <span class="pagenum"><a name="Page_137" id="Page_137">137</a></span> + but it was not believed that this system would ordinarily result + in a majority of votes being cast for one man. Apparently no one + anticipated the formation of political parties which would concentrate the + votes upon one or another candidate. It was rather expected that in the + great majority of cases—“nineteen times in twenty,” one + of the delegates said—there would be several candidates and that the + selection from those candidates would fall to the Senate, in which all the + States were equally represented and the small States were in the majority. + But since the Senate shared so many powers with the executive, it seemed + better to transfer the right of “eventual election” to the + House of Representatives, where each State was still to have but one vote. + Had this scheme worked as the designers expected, the interests of large + States and small States would have been reconciled, since in effect the + large States would name the candidates and, “nineteen times in + twenty,” the small States would choose from among them. + </p> + <p> + Apparently the question of a third term was never considered by the + delegates in the Convention. The chief problem before them was the method + of election. If the President was to be chosen by the legislature, he + should not be eligible to + <span class="pagenum"><a name="Page_138" id="Page_138">138</a></span> + reëlection. On the other hand, if there was to + be some form of popular election, an opportunity for reëlection was + thought to be a desirable incentive to good behavior. Six or seven years + was taken as an acceptable length for a single term and four years a + convenient tenure if reëlection was permitted. It was upon these + considerations that the term of four years was eventually agreed upon, + with no restriction placed upon reëlection. + </p> + <p> + When it was believed that a satisfactory method of choosing the President + had been discovered—and it is interesting to notice the members of + the Convention later congratulated themselves that at least this feature + of their government was above criticism—it was decided to give still + further powers to the President, such as the making of treaties and the + appointing of ambassadors and judges, although the advice and consent of + the Senate was required, and in the case of treaties two-thirds of the + members present must consent. + </p> + <p> + The presidency was frankly an experiment, the success of which would + depend largely upon the first election; yet no one seems to have been + anxious about the first choice of chief magistrate, and the reason is not + far to seek. From the moment the members agreed that there should be a + single + <span class="pagenum"><a name="Page_139" id="Page_139">139</a></span> + executive they also agreed upon the man for the position. Just as + Washington had been chosen unanimously to preside over the Convention, so + it was generally accepted that he would be the first head of the new + state. Such at least was the trend of conversation and even of debate on + the floor of the Convention. It indicates something of the conception of + the office prevailing at the time that Washington, when he became + President, is said to have preferred the title, “His High + Mightiness, the President of the United States and Protector of their + Liberties.” + </p> + <p> + The members of the Convention were plainly growing tired and there are + evidences of haste in the work of the last few days. There was a tendency + to ride rough-shod over those whose temperaments forced them to demand + modifications in petty matters. This precipitancy gave rise to + considerable dissatisfaction and led several delegates to declare that + they would not sign the completed document. But on the whole the sentiment + of the Convention was overwhelmingly favorable. Accordingly on Saturday, + the 8th of September, a new committee was appointed, to consist of five + members, whose duty it was “to revise the stile of and arrange the + articles which had been agreed to by + <span class="pagenum"><a name="Page_140" id="Page_140">140</a></span> + the House.” The committee was + chosen by ballot and was made up exclusively of friends of the new + Constitution: Doctor Johnson of Connecticut, Alexander Hamilton, who had + returned to Philadelphia to help in finishing the work, Gouverneur Morris, + James Madison, and Rufus King. On Wednesday the twelfth, the Committee + made its report, the greatest credit for which is probably to be given to + Morris, whose powers of expression were so greatly admired. Another day + was spent in waiting for the report to be printed. But on Thursday this + was ready, and three days were devoted to going over carefully each + article and section and giving the finishing touches. By Saturday the work + of the Convention was brought to a close, and the Constitution was then + ordered to be engrossed. On Monday, the 17th of September, the Convention + met for the last time. A few of those present being unwilling to sign, + Gouverneur Morris again cleverly devised a form which would make the + action appear to be unanimous: “Done in Convention by the unanimous + consent of the states present … in witness whereof we have hereunto + subscribed our names.” Thirty-nine delegates, representing twelve + States, then signed the Constitution. + </p> + <p> + <span class="pagenum"><a name="Page_141" id="Page_141">141</a></span> + When Charles Biddle of Philadelphia, who was acquainted with most of the + members of the Convention, wrote his <i>Autobiography</i>, which + was published in 1802, he declared that for his part he considered the + government established by the Constitution to be “the best in the + world, and as perfect as any human form of government can be.” But + he prefaced that declaration with a statement that some of the best + informed members of the Federal Convention had told him “they did + not believe a single member was <em>perfectly</em> satisfied with the + Constitution, but they believed it was the best they could ever agree + upon, and that it was infinitely better to have such a one than break up + without fixing on some form of government, which I believe at one time + it was expected they would have done.” + </p> + <p> + One of the outstanding characteristics of the members of the Federal + Convention was their practical sagacity. They had a very definite object + before them. No matter how much the members might talk about democracy in + theory or about ancient confederacies, when it came to action they did not + go outside of their own experience. The Constitution was devised to + correct well-known defects and it contained few provisions which had not + been tested by practical political experience. Before + <span class="pagenum"><a name="Page_142" id="Page_142">142</a></span> + the Convention met, + some of the leading men in the country had prepared lists of the defects + which existed in the Articles of Confederation, and in the Constitution + practically every one of these defects was corrected and by means which + had already been tested in the States and under the Articles of + Confederation. + </p> + <hr class="main" /> + + <div class="chapterhead"> + <a name="link2HCH0008" id="link2HCH0008"> + <!-- H2 anchor --> </a> + <br /><span class="pagenum"><a name="Page_143" id="Page_143">143</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents">CHAPTER VIII</a></h2> + <h3>THE UNION ESTABLISHED</h3> + + <p> + <span class="smcap">The</span> course of English history shows + that Anglo-Saxon tradition is strongly in favor of observing precedents + and of trying to maintain at least the form of law, even in revolutions. + When the English people found it impossible to bear with James II and + made it so uncomfortable for him that he fled the country, they shifted + the responsibility from their own shoulders by charging him with + “breaking the original Contract between King and People.” + When the Thirteen Colonies had reached the point where they felt that + they must separate from England, their spokesman, Thomas Jefferson, + found the necessary justification in the fundamental compact of the + first settlers “in the wilds of America” where “the + emigrants thought proper to adopt that system of laws under which they + had hitherto lived in the mother country”; and in the Declaration + of Independence he charged the King + <span class="pagenum"><a name="Page_144" id="Page_144">144</a></span> + of Great Britain with “repeated injuries and usurpations all + having in direct object the establishment of an absolute Tyranny over + these States.” + </p> + <p> + And so it was with the change to the new form of government in the United + States, which was accomplished only by disregarding the forms prescribed + in the Articles of Confederation and has been called, therefore, + “the Revolution of 1789.” From the outset the new constitution + was placed under the sanction of the old. The movement began with an + attempt, outwardly at least, to revise the Articles of Confederation and + in that form was authorized by Congress. The first breach with the past + was made when the proposal in the Virginia Resolutions was accepted that + amendments made by the Convention in the Articles of Confederation should + be submitted to assemblies chosen by the people instead of to the + legislatures of the separate States. This was the more readily accepted + because it was believed that ratification by the legislatures would result + in the formation of a treaty rather than in a working instrument of + government. The next step was to prevent the work of the Convention from + meeting the fate of all previous amendments to the Articles of + Confederation, which had required the consent of every State in + <span class="pagenum"><a name="Page_145" id="Page_145">145</a></span> + the Union. + At the time the committee of detail made its report, the Convention was + ready to agree that the consent of all the States was not necessary, and + it eventually decided that, when ratified by the conventions of nine + States, the Constitution should go into effect between the States so + ratifying. + </p> + <p> + It was not within the province of the Convention to determine what the + course of procedure should be in the individual States; so it simply + transmitted the Constitution to Congress and in an accompanying document, + which significantly omitted any request for the approval of Congress, + strongly expressed the opinion that the Constitution should “be + submitted to a convention of delegates chosen in each state by the people + thereof.” This was nothing less than indirect ratification by the + people; and, since it was impossible to foretell in advance which of the + States would or would not ratify, the original draft of “We, the + People of the States of New Hampshire, Massachusetts, Rhode Island, + …” was changed to the phrase “We, the People of the + United States.” No man of that day could imagine how significant + this change would appear in the light of later history. + </p> + <p> + Congress did not receive the new Constitution enthusiastically, yet after + a few days’ discussion + <span class="pagenum"><a name="Page_146" id="Page_146">146</a></span> + it unanimously voted, eleven States being + present, that the recommendations of the Convention should be followed, + and accordingly sent the document to the States, but without a word of + approval or disapproval. On the whole the document was well received, + especially as it was favored by the upper class, who had the ability and + the opportunity for expression and were in a position to make themselves + heard. For a time it looked as if the Constitution would be readily + adopted. + </p> + <p> + The contest over the Constitution in the States is usually taken as + marking the beginning of the two great national political parties in the + United States. This was, indeed, in a way the first great national + question that could cause such a division. There had been, to be sure, + Whigs and Tories in America, reproducing British parties, but when the + trouble with the mother country began, the successive congresses of + delegates were recognized and attended only by the so-called American + Whigs, and after the Declaration of Independence the name of Tory became + a reproach, so that with the end of the war the Tory party disappeared. + After the Revolution there were local parties in the various States, + divided on one and another question, such as that of hard and soft money, + and these issues + <span class="pagenum"><a name="Page_147" id="Page_147">147</a></span> + had coincided in different States; but they were in no + sense national parties with organizations, platforms, and leaders; they + were purely local, and the followers of one or the other would have denied + that they were anything else than Whigs. But a new issue was now raised. + The Whig party split in two, new leaders appeared, and the elements + gathered in two main divisions—the Federalists advocating, and the + Anti-Federalists opposing, the adoption of the new Constitution. + </p> + <p> + There were differences of opinion over all the questions which had led to + the calling of the Federal Convention and the framing of the Constitution + and so there was inevitably a division upon the result of the + Convention’s work. There were those who wanted national authority + for the suppression of disorder and of what threatened to be anarchy + throughout the Union; and on the other hand there were those who opposed + a strongly organized government through fear of its destroying liberty. + Especially debtors and creditors took opposite sides, and most of the + people in the United States could have been brought under one or the other + category. The former favored a system of government and legislation which + would tend to relieve or postpone the payment of debts; and, as that + <span class="pagenum"><a name="Page_148" id="Page_148">148</a></span> + relief would come more readily from the State Governments, they were + naturally the friends of State rights and State authority and were opposed + to any enlargement of the powers of the Federal Government. On the other + hand, were those who felt the necessity of preserving inviolate every + private and public obligation and who saw that the separate power of the + States could not accomplish what was necessary to sustain both public and + private credit; they were disposed to use the resources of the Union and + accordingly to favor the strengthening of the national government. In + nearly every State there was a struggle between these classes. + </p> + <p> + In Philadelphia and the neighborhood there was great enthusiasm for the + new Constitution. Almost simultaneously with the action by Congress, and + before notification of it had been received, a motion was introduced in + the Pennsylvania Assembly to call a ratifying convention. The + Anti-Federalists were surprised by the suddenness of this proposal and to + prevent action absented themselves from the session of the Assembly, + leaving that body two short of the necessary quorum for the transaction of + business. The excitement and indignation in the city were so great that + early the next morning a crowd gathered, dragged two of the + <span class="pagenum"><a name="Page_149" id="Page_149">149</a></span> + absentees from + their lodgings to the State House, and held them firmly in their places + until the roll was called and a quorum counted, when the House proceeded + to order a State convention. As soon as the news of this vote got out, the + city gave itself up to celebrating the event by the suspension of + business, the ringing of church bells, and other demonstrations. The + elections were hotly contested, but the Federalists were generally + successful. The convention met towards the end of November and, after + three weeks of futile discussion, mainly upon trivial matters and the + meaning of words, ratified the Constitution on the 12th of December, by a + vote of forty-six to twenty-three. Again the city of Philadelphia + celebrated. + </p> + <p> + Pennsylvania was the first State to call a convention, but its final + action was anticipated by Delaware, where the State convention met and + ratified the Constitution by unanimous vote on the 7th of December. The + New Jersey convention spent only a week in discussion and then voted, also + unanimously, for ratification on the 18th of December. The next State to + ratify was Georgia, where the Constitution was approved without a + dissenting vote on January 2, 1788. Connecticut followed immediately and, + after a session of only five days, + <span class="pagenum"><a name="Page_150" id="Page_150">150</a></span> + declared itself in favor of the + Constitution, on the 9th of January, by a vote of over three to one. + </p> + <p> + The results of the campaign for ratification thus far were most gratifying + to the Federalists, but the issue was not decided. With the exception of + Pennsylvania, the States which had acted were of lesser importance, and, + until Massachusetts, New York, and Virginia should declare themselves, the + outcome would be in doubt. The convention of Massachusetts met on the same + day that the Connecticut convention adjourned. The sentiment of Boston, + like that of Philadelphia, was strongly Federalist; but the outlying + districts, and in particular the western part of the State, where + Shays’ Rebellion had broken out, were to be counted in the + opposition. There were 355 delegates who took part in the Massachusetts + convention, a larger number than was chosen in any of the other States, + and the majority seemed to be opposed to ratification. The division was + close, however, and it was believed that the attitude of two men would + determine the result. One of these was Governor John Hancock, who was + chosen chairman of the convention but who did not attend the sessions at + the outset, as he was confined to his house by an attack of gout, which, + it was maliciously said, would disappear + <span class="pagenum"><a name="Page_151" id="Page_151">151</a></span> + as soon as it was known which + way the majority of the convention would vote. The other was Samuel Adams, + a genuine friend of liberty, who was opposed on principle to the general + theory of the government set forth in the Constitution. “I stumble + at the threshold,” he wrote. “I meet with a national + government, instead of a federal union of sovereign states.” + But, being a shrewd politician, Adams did not commit himself openly and, + when the tradesmen of Boston declared themselves in favor of ratification, + he was ready to yield his personal opinion. + </p> + <p> + There were many delegates in the Massachusetts convention who felt that it + was better to amend the document before them than to try another Federal + Convention, when as good an instrument might not be devised. If this group + were added to those who were ready to accept the Constitution as it stood, + they would make a majority in favor of the new government. But the delay + involved in amending was regarded as dangerous, and it was argued that, as + the Constitution made ample provision for changes, it would be safer and + wiser to rely upon that method. The question was one, therefore, of + immediate or future amendment. Pressure was accordingly brought to bear + upon Governor Hancock + <span class="pagenum"><a name="Page_152" id="Page_152">152</a></span> + and intimations were made to him of future political + preferment, until he was persuaded to propose immediate ratification of + the Constitution, with an urgent recommendation of such amendments as + would remove the objections of the Massachusetts people. When this + proposal was approved by Adams, its success was assured, and a few days + later, on the 6th of February, the convention voted 187 to 168 in favor of + ratification. Nine amendments, largely in the nature of a bill of rights, + were then demanded, and the Massachusetts representatives in Congress were + enjoined “at all times, … to exert all their influence, and + use all reasonable and legal methods, To obtain a ratification of the said + alterations and provisions.” On the very day this action was taken, + Jefferson wrote from Paris to Madison: “I wish with all my soul that + the nine first conventions may accept the new Constitution, to secure to + us the good it contains; but I equally wish that the four latest, + whichever they may be, may refuse to accede to it till a declaration of + rights be annexed.” + </p> + <p> + Boston proceeded to celebrate as Philadelphia, and Benjamin Lincoln wrote + to Washington, on the 9th of February, enclosing an extract from the local + paper describing the event: + </p> + <blockquote> + <p> + <span class="pagenum"><a name="Page_153" id="Page_153">153</a></span> + By the paper your Excellency will observe some account of the parade of + the Eighth the printer had by no means time eno’ to do justice to + the subject. To give you some idea how far he has been deficient I will + mention an observation I heard made by a Lady the last evening who saw the + whole that the description in the paper would no more compare with the + original than the light of the faintest star would with that of the Sun + fortunately for us the whole ended without the least disorder and the town + during the whole evening was, so far as I could observe perfectly quiet. + ¹ + </p> + </blockquote> + + <p> + He added another paragraph which he later struck out as being of little + importance; but it throws an interesting sidelight upon the customs of the + time. + </p> + <blockquote> + <p> + The Gentlemen provided at Faneul Hall some biscuit & cheese four qr + Casks of wine three barrels & two hogs of punch the moment they found + that the people had drank sufficiently means were taken to overset the two + hogs punch this being done the company dispersed and the day ended most + agreeably ² + </p> + </blockquote> + <div class="footer"> + <a id="footer_153-1" name="footer_153-1"></a> + <p class="footer"> + ¹ <i>Documentary History</i>, vol. iv, pp. 488-490.<br /> + ² Ibid. + </p> + </div> + <p> + Maryland came next. When the Federal Convention was breaking up, Luther + Martin was speaking of the new system of government to his colleague, + Daniel of St. Thomas Jenifer, and exclaimed: “I’ll be hanged + if ever the people of Maryland agree to it!” To which his colleague + <span class="pagenum"><a name="Page_154" id="Page_154">154</a></span> + retorted: “I advise you to stay in Philadelphia, lest you should be + hanged.” And Jenifer proved to be right, for in Maryland the + Federalists obtained control of the convention and, by a vote of 63 to 11, + ratified the Constitution on the 26th of April. + </p> + <p> + In South Carolina, which was the Southern State next in importance to + Virginia, the compromise on the slave trade proved to be one of the + deciding factors in determining public opinion. When the elections were + held, they resulted in an overwhelming majority for the Federalists, so + that after a session of less than two weeks the convention ratified the + Constitution, on the 28th of May, by a vote of over two to one. + </p> + <p> + The only apparent setback which the adoption of the Constitution had thus + far received was in New Hampshire, where the convention met early in + February and then adjourned until June to see what the other States might + do. But this delay proved to be of no consequence for, when the time came + for the second meeting of the New Hampshire delegates, eight States had + already acted favorably and adoption was regarded as a certainty. This was + sufficient to put a stop to any further waiting, and New Hampshire added + its name to the list on the 21st of June; but the division of opinion + <span class="pagenum"><a name="Page_155" id="Page_155">155</a></span> + was fairly well represented by the smallness of the majority, the vote + standing 57 to 46. + </p> + <p> + Nine States had now ratified the Constitution and it was to go into effect + among them. But the support of Virginia and New York was of so much + importance that their decisions were awaited with uneasiness. In Virginia, + in spite of the support of such men as Washington and Madison, the + sentiment for and against the Constitution was fairly evenly divided, and + the opposition numbered in its ranks other names of almost equal + influence, such as Patrick Henry and George Mason. Feeling ran high; the + contest was a bitter one and, even after the elections had been held and + the convention had opened, early in June, the decision was in doubt and + remained in doubt until the very end. The situation was, in one respect at + least, similar to that which had existed in Massachusetts, in that it was + possible to get a substantial majority in favor of the Constitution + provided certain amendments were made. The same arguments were used, + strengthened on the one side by what other States had done, and on the + other side by the plea that now was the time to hold out for amendments. + The example of Massachusetts, however, seems to have been decisive, and on + the 25th of June, four days later than + <span class="pagenum"><a name="Page_156" id="Page_156">156</a></span> + New Hampshire, the Virginia + convention voted to ratify, “under the conviction that whatsoever + imperfections may exist in the Constitution ought rather to be examined in + the mode prescribed therein, than to bring the Union into danger by delay, + with a hope of obtaining amendments previous to the ratification.” + </p> + <p> + When the New York convention began its sessions on the 17th of June, it is + said that more than two-thirds of the delegates were Anti-Federalist in + sentiment. How a majority in favor of the Constitution was obtained has + never been adequately explained, but it is certain that the main credit + for the achievement belongs to Alexander Hamilton. He had early realized + how greatly it would help the prospects of the Constitution if thinking + people could be brought to an appreciation of the importance and value of + the new form of government. In order to reach the intelligent public + everywhere, but particularly in New York, he projected a series of essays + which should be published in the newspapers, setting forth the aims and + purposes of the Constitution. He secured the assistance of Madison and + Jay, and before the end of October, 1787, published the first essay in + <i>The Independent Gazetteer.</i> From that time on these papers + continued to + <span class="pagenum"><a name="Page_157" id="Page_157">157</a></span> + be printed over the signature of “Publius,” + sometimes as many as three or four in a week. There were eighty-five + numbers altogether, which have ever since been known as <i>The + Federalist</i>. Of these approximately fifty were the work of Hamilton, + Madison wrote about thirty and Jay five. Although the essays were widely + copied in other journals, and form for us the most important commentary on + the Constitution, making what is regarded as one of America’s + greatest books, it is doubtful how much immediate influence they had. + Certainly in the New York convention itself Hamilton’s personal + influence was a stronger force. His arguments were both eloquent and + cogent, and met every objection; and his efforts to win over the + opposition were unremitting. The news which came by express riders from + New Hampshire and then from Virginia were also deciding factors, for New + York could not afford to remain out of the new Union if it was to embrace + States on either side. And yet the debate continued, as the opposition was + putting forth every effort to make ratification conditional upon certain + amendments being adopted. But Hamilton resolutely refused to make any + concessions and at length was successful in persuading the New York + convention, by a vote of 30 against + <span class="pagenum"><a name="Page_158" id="Page_158">158</a></span> + 27, on the 26th of July, to follow the + example of Massachusetts and Virginia and to ratify the Constitution with + merely a recommendation of future amendments. + </p> + <p> + The satisfaction of the country at the outcome of the long and momentous + struggle over the adoption of the new government was unmistakable. Even + before the action of New York had been taken, the Fourth of July was made + the occasion for a great celebration throughout the United States, both as + the anniversary of independence and as the consummation of the Union by + the adoption of the Constitution. + </p> + <p> + The general rejoicing was somewhat tempered, however, by the reluctance of + North Carolina and Rhode Island to come under “the new roof.” + Had the convention which met on the 21st of July in North Carolina reached + a vote, it would probably have defeated the Constitution, but it was + doubtless restrained by the action of New York and adjourned without + coming to a decision. A second convention was called in September, 1789, + and in the meantime the new government had come into operation and was + bringing pressure to bear upon the recalcitrant States which refused to + abandon the old union for the new. One of the earliest + <span class="pagenum"><a name="Page_159" id="Page_159">159</a></span> + acts passed by + Congress was a revenue act, levying duties upon foreign goods imported, + which were made specifically to apply to imports from Rhode Island and + North Carolina. This was sufficient for North Carolina, and on November + 21, 1789, the convention ratified the Constitution. But Rhode Island still + held out. A convention of that State was finally called to meet in March, + 1790, but accomplished nothing and avoided a decision by adjourning until + May. The Federal Government then proceeded to threaten drastic measures by + taking up a bill which authorized the President to suspend all commercial + intercourse with Rhode Island and to demand of that State the payment of + its share of the Federal debt. The bill passed the Senate but stopped + there, for the State gave in and ratified the Constitution on the 29th of + May. Two weeks later Ellsworth, who was now United States Senator from + Connecticut, wrote that Rhode Island had been “brought into the + Union, and by a pretty cold measure in Congress, which would have exposed + me to some censure, had it not produced the effect which I expected it + would and which in fact it has done. But ‘all is well that ends + well.’ The Constitution is now adopted by all the States and I have + much satisfaction, and perhaps + <span class="pagenum"><a name="Page_160" id="Page_160">160</a></span> + some vanity, in seeing, at length, a great + work finished, for which I have long labored incessantly.” ¹ + </p> + <p> + Perhaps the most striking feature of these conventions is the trivial + character of the objections that were raised. Some of the arguments it is + true, went to the very heart of the matter and considered the fundamental + principles of government. It is possible to tolerate and even to + sympathize with a man who declared: + </p> + <blockquote> + <p> + Among other deformities the Constitution has an awful squinting. It + squints toward monarchy; … your president may easily become a + king.… If your American chief be a man of ambition and ability how + easy it is for him to render himself absolute. We shall have a king. + The army will salute him monarch. ² + </p> + </blockquote> + + <p> + But it is hard to take seriously a delegate who asked permission + “to make a short apostrophe to liberty,” and then + delivered himself of this bathos: + </p> + <blockquote> + <p> + O liberty!—thou greatest good—thou fairest property—with + thee I wish to live—with thee I wish to die!—Pardon me if I + drop a tear on the peril to which she is exposed; I cannot, sir, see this + brightest of jewels tarnished! a jewel worth ten thousand worlds! and + shall we part with it so soon? O no! ³ + </p> + </blockquote> + <div class="footer"> + <a id="footer_160-1" name="footer_160-1"></a> + <p class="footer"> + ¹, ² “Connecticut’s Ratification of the Federal + Constitution,” by B. C. Steiner, in <i>Proceedings of + the American Antiquarian Society</i>, April, 1915, pp. 88-89. + </p> + </div> + <div class="footer"> + <a id="footer_160-3" name="footer_160-3"></a> + <p class="footer"> + ³ Elliot’s <i>Debates on the Federal + Constitution</i>, vol. iii, p. 144. + </p> + </div> + <p> + <span class="pagenum"><a name="Page_161" id="Page_161">161</a></span> + There might be some reason in objecting to the excessive power vested in + Congress; but what is one to think of the fear that imagined the greatest + point of danger to lie in the ten miles square which later became the + District of Columbia, because the Government might erect a fortified + stronghold which would be invincible? Again, in the light of subsequent + events it is laughable to find many protesting that, although each house + was required to keep a journal of proceedings, it was only required + “<i>from time to time</i> to publish the same, excepting such parts + as may + in their judgment require secrecy.” All sorts of personal charges + were made against those who were responsible for the framing of the + Constitution. Hopkinson wrote to Jefferson in April, 1788: + </p> + <blockquote> + <p> + You will be surprised when I tell you that our public News Papers have + announced General Washington to be a Fool influenced & lead by that + Knave Dr. Franklin, who is a public Defaulter for Millions of Dollars, + that Mr. Morris has defrauded the Public out of as many Millions as you + please & that they are to cover their frauds by this new Government. + ¹ + </p> + </blockquote> + <div class="footer"> + <a id="footer_161-1" name="footer_161-1"></a> + <p class="footer"> + ¹ <i>Documentary History of the Constitution</i>, vol. iv, p. 563. + </p> + </div> + <p> + All things considered, it is difficult to avoid the conclusion that such + critics and detractors were trying to find excuses for their opposition. + </p> + <p> + <span class="pagenum"><a name="Page_162" id="Page_162">162</a></span> + The majorities in the various conventions can hardly be said really to + represent the people of their States, for only a small percentage of the + people had voted in electing them; they were representative rather of the + propertied upper class. This circumstance has given rise to the charge + that the Constitution was framed and adopted by men who were interested in + the protection of property, in the maintenance of the value of government + securities, and in the payment of debts which had been incurred by the + individual States in the course of the Revolution. Property-holders were + unquestionably assisted by the mere establishment of a strong government. + The creditor class seemed to require some special provision and, when the + powers of Congress were under consideration in the Federal Convention, + several of the members argued strongly for a positive injunction on + Congress to assume obligations of the States. The chief objection to this + procedure seemed to be based upon the fear of benefiting speculators + rather than the legitimate creditors, and the matter was finally + compromised by providing that all debts should be “as valid against + the United States under this Constitution as under the + Confederation.” The charge that the Constitution was framed and its + adoption obtained + <span class="pagenum"><a name="Page_163" id="Page_163">163</a></span> + by men of property and wealth is undoubtedly true, but + it is a mistake to attribute unworthy motives to them. The upper classes + in the United States were generally people of wealth and so would be the + natural holders of government securities. They were undoubtedly acting in + self-protection, but the responsibility rested upon them to take the lead. + They were acting indeed for the public interest in the largest sense, for + conditions in the United States were such that every man might become a + landowner and the people in general therefore wished to have property + rights protected. + </p> + <p> + In the autumn of 1788 the Congress of the old Confederation made + testamentary provision for its heir by voting that presidential electors + should be chosen on the first Wednesday in January, 1789; that these + electors should meet and cast their votes for President on the first + Wednesday in February; and that the Senate and House of Representatives + should assemble on the first Wednesday in March. It was also decided that + the seat of government should be in the City of New York until otherwise + ordered by Congress. In accordance with this procedure, the requisite + elections were held, and the new government was duly installed. It + happened + <span class="pagenum"><a name="Page_164" id="Page_164">164</a></span> + in 1789 that the first Wednesday in March was the fourth day of + that month, which thereby became the date for the beginning of each + subsequent administration. + </p> + <p> + The acid test of efficiency was still to be applied to the new machinery + of government. But Americans then, as now, were an adaptable people, with + political genius, and they would have been able to make almost any form of + government succeed. If the Federal Convention had never met, there is good + reason for believing that the Articles of Confederation, with some + amendments, would have been made to work. The success of the new + government was therefore in a large measure dependent upon the favor of + the people. If they wished to do so, they could make it win out in spite + of obstacles. In other words, the new government would succeed exactly to + the extent to which the people stood back of it. This was the critical + moment when the slowly growing prosperity, described at length and + emphasized in the previous chapters, produced one of its most important + effects. In June, 1788, Washington wrote to Lafayette: + </p> + <blockquote> + <p> + I expect, that many blessings will be attributed to our new government, + which are now taking their rise from that industry and frugality into the + practice of + <span class="pagenum"><a name="Page_165" id="Page_165">165</a></span> + which the people have been forced from necessity. I really + believe that there never was so much labour and economy to be found before + in the country as at the present moment. If they persist in the habits + they are acquiring, the good effects will soon be distinguishable. When + the people shall find themselves secure under an energetic government, + when foreign Nations shall be disposed to give us equal advantages in + commerce from dread of retaliation, when the burdens of the war shall be + in a manner done away by the sale of western lands, when the seeds of + happiness which are sown here shall begin to expand themselves, and when + every one (under his own vine and fig-tree) shall begin to taste the + fruits of freedom—then all these blessings (for all these blessings + will come) will be referred to the fostering influence of the new + government. Whereas many causes will have conspired to produce them. + </p> + </blockquote> + <p> + A few months later a similar opinion was expressed by + Crèvecœur in writing to Jefferson: + </p> + <blockquote> + <p> + Never was so great a change in the opinion of the best people as has + happened these five years; almost everybody feels the necessity of + coercive laws, government, union, industry, and labor.… The exports + of this country have singularly increased within these two years, and the + imports have decreased in proportion. + </p> + </blockquote> + <p> + The new Federal Government was fortunate in beginning its career at the + moment when returning + <span class="pagenum"><a name="Page_166" id="Page_166">166</a></span> + prosperity was predisposing the people to think well + of it. The inauguration of Washington marked the opening of a new era for + the people of the United States of America. + </p> + <p> + <br /><br /><br /><br /> + </p> + <hr /> + <div class="chapterhead"> + <br /> + <a name="link2H_APPE" id="link2H_APPE"></a> + <br /><span class="pagenum"><a name="Page_167" id="Page_167">167</a></span> + <br /><br /> + </div> + <h2> + APPENDIX ¹ + </h2> + <div class="footer"> + <a id="footer_167-1" name="footer_167-1"></a> + <p class="footer"> + ¹ The documents in this Appendix follow the text of the <i>Revised + Statutes of the United States</i>, Second Edition, 1878. + </p> + </div> + <h2><a href="#Contents">THE DECLARATION OF INDEPENDENCE—1776.</a></h2> + <h3>In Congress, July 4, 1776</h3> + <p style="text-align:center; font-style:italic;"> + The unanimous Declaration of the thirteen united States of America + </p> + <p> + <span class="smcap">When</span> in the Course of human events, it becomes + necessary for one people to dissolve the political bands which have + connected them with another, and to assume among the Powers of the earth, + the separate and equal station to which the Laws of Nature and of + Nature’s God entitle them, a decent respect to the opinions of + mankind requires that they should declare the causes which impel them to + the separation. + </p> + <p> + We hold these truths to be self-evident, that all men are created equal, + that they are endowed by their Creator with certain unalienable Rights, + that among these are Life, Liberty and the pursuit of Happiness. That to + secure these rights, Governments are instituted among Men, deriving their + just powers from the consent of the governed, That whenever any Form of + Government becomes destructive of these ends, it is the + <span class="pagenum"><a name="Page_168" id="Page_168">168</a></span> + Right of the + People to alter or to abolish it, and to institute new Government, laying + its foundation on such principles and organizing its powers in such form, + as to them shall seem most likely to effect their Safety and Happiness. + Prudence, indeed, will dictate that Governments long established should + not be changed for light and transient causes; and accordingly all + experience hath shown, that mankind are more disposed to suffer, while + evils are sufferable, than to right themselves by abolishing the forms to + which they are accustomed. But when a long train of abuses and + usurpations, pursuing invariably the same Object evinces a design to + reduce them under absolute Despotism, it is their right, it is their duty, + to throw off such Government, and to provide new Guards for their future + security.—Such has been the patient sufferance of these Colonies; + and such is now the necessity which constrains them to alter their former + Systems of Government. The history of the present King of Great Britain is + a history of repeated injuries and usurpations, all having in direct + object the establishment of an absolute Tyranny over these States. To + prove this, let Facts be submitted to a candid world. + </p> + <p> + He has refused his Assent to Laws, the most wholesome and necessary for + the public good. + </p> + <p> + He has forbidden his Governors to pass Laws of immediate and pressing + importance, unless suspended in their operation till his Assent should be + obtained; and when so suspended, he has utterly neglected to attend to + them. + </p> + <p> + He has refused to pass other Laws for the accommodation of large districts + of people, unless those people would relinquish the right of + Representation in the + <span class="pagenum"><a name="Page_169" id="Page_169">169</a></span> + Legislature, a right inestimable to them and + formidable to tyrants only. + </p> + <p> + He has called together legislative bodies at places unusual, + uncomfortable, and distant from the depository of their Public Records, + for the sole purpose of fatiguing them into compliance with his measures. + </p> + <p> + He has dissolved Representative Houses repeatedly, for opposing with manly + firmness his invasions on the rights of the people. + </p> + <p> + He has refused for a long time, after such dissolutions, to cause others + to be elected; whereby the Legislative Powers, incapable of Annihilation, + have returned to the People at large for their exercise; the State + remaining in the mean time exposed to all the dangers of invasion from + without, and convulsions within. + </p> + <p> + He has endeavoured to prevent the population of these States; for that + purpose obstructing the Laws for Naturalization of Foreigners; refusing to + pass others to encourage their migration hither, and raising the + conditions of new Appropriations of Lands. + </p> + <p> + He has obstructed the Administration of Justice, by refusing his Assent to + Laws for establishing Judiciary Powers. + </p> + <p> + He has made Judges dependent on his Will alone, for the tenure of their + offices, and the amount and payment of their salaries. + </p> + <p> + He has erected a multitude of New Offices, and sent hither swarms of + Officers to harrass our People, and eat out their substance. + </p> + <p> + He has kept among us, in times of peace, Standing Armies without the + Consent of our legislature. + </p> + <p> + He has affected to render the Military independent of and superior to the + Civil Power. + </p> + <p> + <span class="pagenum"><a name="Page_170" id="Page_170">170</a></span> + He has combined with others to subject us to a jurisdiction + foreign to our constitution, and unacknowledged by our laws; giving his + Assent to their acts of pretended Legislation: + </p> + <p> + For quartering large bodies of armed troops among us: + </p> + <p> + For protecting them, by a mock Trial, from Punishment for any Murders + which they should commit on the Inhabitants of these States: + </p> + <p> + For cutting off our Trade with all parts of the world: + </p> + <p> + For imposing taxes on us without our Consent: + </p> + <p> + For depriving us in many cases, of the benefits of Trial by Jury: + </p> + <p> + For transporting us beyond Seas to be tried for pretended offences: + </p> + <p> + For abolishing the free System of English Laws in a neighbouring Province, + establishing therein an Arbitrary government, and enlarging its Boundaries + so as to render it at once an example and fit instrument for introducing + the same absolute rule into these Colonies: + </p> + <p> + For taking away our Charters, abolishing our most valuable Laws, and + altering fundamentally the Forms of our Government: + </p> + <p> + For suspending our own Legislature, and declaring themselves invested with + Power to legislate for us in all cases whatsoever. + </p> + <p> + He has abdicated Government here, by declaring us out of his Protection + and waging War against us. + </p> + <p> + He has plundered our seas, ravaged our Coasts, burnt our towns, and + destroyed the lives of our people. + </p> + <p> + He is at this time transporting large armies of foreign mercenaries to + compleat the works of death, desolation and tyranny, already begun with + circumstances of Cruelty & perfidy scarcely paralleled in the most + <span class="pagenum"><a name="Page_171" id="Page_171">171</a></span> + barbarous ages, and totally unworthy the Head of a civilized nation. + </p> + <p> + He has constrained our fellow Citizens taken Captive on the high Seas to + bear Arms against their Country, to become the executioners of their + friends and Brethren, or to fall themselves by their Hands. + </p> + <p> + He has excited domestic insurrections amongst us, and has endeavoured to + bring on the inhabitants of our frontiers, the merciless Indian Savages, + whose known rule of warfare, is an undistinguished destruction of all + ages, sexes and conditions. + </p> + <p> + In every stage of these Oppressions We have Petitioned for Redress in the + most humble terms: Our repeated Petitions have been answered only by + repeated injury. A Prince, whose character is thus marked by every act + which may define a Tyrant, is unfit to be the ruler of a free People. + </p> + <p> + Nor have We been wanting in attention to our Brittish brethren. We have + warned them from time to time of attempts by their legislature to extend + an unwarrantable jurisdiction over us. We have reminded them of the + circumstances of our emigration and settlement here. We have appealed to + their native justice and magnanimity, and we have conjured them by the + ties of our common kindred to disavow these usurpations, which, would + inevitably interrupt our connections and correspondence[.] They too have + been deaf to the voice of justice and of consanguinity. We must, + therefore, acquiesce in the necessity, which denounces our Separation, and + hold them, as we hold the rest of mankind, Enemies in War, in Peace + Friends. + </p> + <p> + We, therefore, the Representative of the united States of America, in + General Congress, Assembled, + <span class="pagenum"><a name="Page_172" id="Page_172">172</a></span> + appealing to the Supreme Judge of the world + for the rectitude of our intentions, do, in the Name, and by Authority of + the good People of these Colonies, solemnly publish and declare, That + these United Colonies are, and of Right ought to be Free and Independent + States; that they are Absolved from all Allegiance to the British Crown, + and that all political connection between them and the State of Great + Britain, is and ought to be totally dissolved; and that as Free and + Independent States, they have full Power to levy War, conclude Peace, + contract Alliances, establish Commerce, and to do all other Acts and + Things which Independent States may of right do. And for the support of + this Declaration, with a firm reliance on the Protection of Divine + Providence, we mutually pledge to each other our Lives, our Fortunes and + our sacred Honor. + </p> + <p style="text-align:right;"> + JOHN HANCOCK. + </p> + <p class="states"> + New Hampshire. + </p> + <p class="signatures"> + Josiah Bartlett,<br /> + Wm. Whipple,<br /> + Matthew Thornton.<br /> + </p> + <p class="states"> + Massachusetts Bay. + </p> + <p class="signatures"> + Saml. Adams,<br /> + John Adams,<br /> + Robt. Treat Paine, <br /> + Elbridge Gerry.<br /> + </p> + <p class="states"> + Rhode Island. + </p> + <p class="signatures"> + Step. Hopkins,<br /> + William Ellery.<br /> + </p> + <p class="states"> + Connecticut. + </p> + <p class="signatures"> + Roger Sherman,<br /> + Sam'el Huntington, <br /> + Wm. Williams, <br /> + Oliver Wolcott.<br /> + </p> + <p class="states"> + <span class="pagenum"><a name="Page_173" id="Page_173">173</a></span> + New York. + </p> + <p class="signatures"> + Wm. Floyd,<br /> + Phil. Livingston,<br /> + Frans. Lewis,<br /> + Lewis Morris.<br /> + + </p> + <p class="states"> + New Jersey. + </p> + <p class="signatures"> + Richd. Stockton,<br /> + Jno. Witherspoon,<br /> + Fras. Hopkinson,<br /> + John Hart,<br /> + Abra. Clark.<br /> + </p> + <p style="text-align:center; font-style:italic;"> + Pennsylvania. + </p> + <p class="signatures"> + Robt. Morris,<br /> + Benjamin Rush,<br /> + Benja. Franklin,<br /> + John Morton, <br /> + Geo. Clymer, <br /> + Jas. Smith,<br /> + Geo. Taylor,<br /> + James Wilson,<br /> + Geo. Ross.<br /> + </p> + <p class="states"> + Delaware. + </p> + <p class="signatures"> + Cæsar Rodney,<br /> + Geo. Read,<br /> + Tho. M’Kean.<br /> + </p> + <p class="states"> + Maryland. + </p> + <p class="signatures"> + Samuel Chase,<br /> + Wm. Paca, <br /> + Thos. Stone,<br /> + Charles Carroll <span style="font-variant:normal;">of Carrollton.</span> + </p> + <p class="states"> + Virginia. + </p> + <p class="signatures"> + George Wythe,<br /> + Richard Henry Lee,<br /> + Th. Jefferson, <br /> + Benja. Harrison, <br /> + Thos. Nelson, Jr.,<br /> + Francis Lightfoot Lee,<br /> + Carter Braxton.<br /> + </p> + <p class="states"> + <span class="pagenum"><a name="Page_174" id="Page_174">174</a></span> + North Carolina. + </p> + <p class="signatures"> + Wm. Hooper,<br /> + Joseph Hewes,<br /> + John Penn.<br /> + </p> + <p class="states"> + South Carolina. + </p> + <p class="signatures"> + Edward Rutledge,<br /> + Thos Heyward, Junr.,<br /> + Thomas Lynch, Junr., <br /> + Arthur Middleton.<br /> + </p> + <p class="states"> + Georgia. + </p> + <p class="signatures"> + Button Gwinnett,<br /> + Lyman Hall,<br /> + Geo. Walton<br /> + </p> + <p style="margin-top:2em;"> + <span class="smcap">Note</span>.—Mr. Ferdinand Jefferson, + Keeper of the Rolls in the Department of State, at Washington, says: + “The names of the signers are spelt above as in the fac-simile of + the original, but the punctuation of them is not always the same; neither + do the names of the States appear in the fac-simile of the original. The + names of the signers of each State are grouped together in the fac-simile + of the original, except the name of Matthew Thornton, which follows that + of Oliver Wolcott.” + </p> + <hr class="break" /> + + + + <div class="chapterhead"> + <br /> + <br /><span class="pagenum"><a name="Page_175" id="Page_175">175</a></span> + <br /><br /> + </div> + <h2><a href="#Contents">ARTICLES OF CONFEDERATION—1777.</a></h2> + <p style="text-align:center; font-style:italic;"> + To all to whom these Presents shall come, we the undersigned Delegates of + the States affixed to our Names send greeting. + </p> + <p> + <span class="smcap">Whereas</span> the Delegates of the United States of + America in Congress assembled did on the fifteenth day of November in the + Year of our Lord One Thousand Seven Hundred and Seventyseven, and in the + Second Year of the Independence of America agree to certain articles of + Confederation and perpetual Union between the States of Newhampshire, + Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, + New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, + North-Carolina, South-Carolina and Georgia in the Words following, viz. + </p> + <p class="hanging" style="font-style:italic;"> + <span style="margin-left:-2em;">“Articles of + Confederation</span> and perpetual Union between the States of + Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, + Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, + Virginia, North-Carolina, South-Carolina and Georgia. + </p> + <p> + <span class="smcap">Article I.</span> The stile of this confederacy + shall be “The United States of America.” + </p> + <p> + <span class="pagenum"><a name="Page_176" id="Page_176">176</a></span> + <span class="smcap">Article II.</span> Each State retains its sovereignty, + freedom and independence, and every power, jurisdiction and right, + which is not by this confederation expressly delegated to the + United States, in Congress assembled. + </p> + <p> + <span class="smcap">Article III.</span> The said States hereby severally + enter into a firm league of + friendship with each other, for their common defence, the security of + their liberties, and their mutual and general welfare, binding themselves + to assist each other, against all force offered to, or attacks made upon + them, or any of them, on account of religion, sovereignty, trade, or any + other pretence whatever. + </p> + <p> + <span class="smcap">Article IV.</span> + The better to secure and perpetuate mutual friendship and + intercourse among the people of the different States in this Union, the + free inhabitants of each of these States, paupers, vagabonds and fugitives + from justice excepted, shall be entitled to all privileges and immunities + of free citizens in the several States; and the people of each State shall + have free ingress and regress to and from any other State, and shall enjoy + therein all the privileges of trade and commerce, subject to the same + duties, impositions and restrictions as the inhabitants thereof + respectively, provided that such restrictions shall not extend so far as + to prevent the removal of property imported into any State, to any other + State of which the owner is an inhabitant; provided also that no + imposition, duties or restriction shall be laid by any State, on the + property of the United States, or either of them. + </p> + <p> + If any person guilty of, or charged with treason, felony, or other high + misdemeanor in any State, shall flee from justice, and be found in any of + the United States, + <span class="pagenum"><a name="Page_177" id="Page_177">177</a></span> + he shall upon demand of the Governor or Executive + power, of the State from which he fled, be delivered up and removed to the + State having jurisdiction of his offence. + </p> + <p> + Full faith and credit shall be given in each of these States to the + records, acts and judicial proceedings of the courts and magistrates of + every other State. + </p> + <p> + <span class="smcap">Article V.</span> + For the more convenient management of the general interests of + the United States, delegates shall be annually appointed in such manner as + the legislature of each State shall direct, to meet in Congress on the + first Monday in November, in every year, with a power reserved to each + State, to recall its delegates, or any of them, at any time within the + year, and to send others in their stead, for the remainder of the year. + </p> + <p> + No State shall be represented in Congress by less than two, nor by more + than seven members; and no person shall be capable of being a delegate for + more than three years in any term of six years; nor shall any person, + being a delegate, be capable of holding any office under the United + States, for which he, or another for his benefit receives any salary, fees + or emolument of any kind. + </p> + <p> + Each State shall maintain its own delegates in a meeting of the States, + and while they act as members of the committee of the States. + </p> + <p> + In determining questions in the United States, in Congress assembled, each + State shall have one vote. + </p> + <p> + Freedom of speech and debate in Congress shall not be impeached or + questioned in any court, or place out of Congress, and the members of + Congress shall be protected in their persons from arrests and + imprisonments, during the time of their going to and from, and + <span class="pagenum"><a name="Page_178" id="Page_178">178</a></span> + attendance + on Congress, except for treason, felony, or breach of the peace. + </p> + <p> + <span class="smcap">Article VI.</span> + No State without the consent of the United States in Congress + assembled, shall send any embassy to, or receive any embassy from, or + enter into any conference, agreement, alliance or treaty with any king + prince or state; nor shall any person holding any office of profit or + trust under the United States, or any of them, accept of any present, + emolument, office or title of any kind whatever from any king, prince or + foreign state; nor shall the United States in Congress assembled, or any + of them, grant any title of nobility. + </p> + <p> + No two or more States shall enter into any treaty, confederation or + alliance whatever between them, without the consent of the United States + in Congress assembled, specifying accurately the purposes for which the + same is to be entered into, and how long it shall continue. + </p> + <p> + No state shall lay any imposts or duties, which may interfere with any + stipulations in treaties, entered into by the United States in Congress + assembled, with any king, prince or state, in pursuance of any treaties + already proposed by Congress, to the courts of France and Spain. + </p> + <p> + No vessels of war shall be kept up in time of peace by any State, except + such number only, as shall be deemed necessary by the United States in + Congress assembled, for the defence of such State, or its trade; nor shall + any body of forces be kept up by any State, in time of peace, except such + number only, as in the judgment of the United States, in Congress + assembled, shall be deemed requisite to garrison the forts necessary for + the defence of such State; but every State shall + <span class="pagenum"><a name="Page_179" id="Page_179">179</a></span> + always keep up a well + regulated and disciplined militia, sufficiently armed and accoutered, and + shall provide and constantly have ready for use, in public stores, a due + number of field pieces and tents, and a proper quantity of arms, + ammunition and camp equipage. + </p> + <p> + No State shall engage in any war without the consent of the United States + in Congress assembled, unless such State be actually invaded by enemies, + or shall have received certain advice of a resolution being formed by some + nation of Indians to invade such State, and the danger is so imminent as + not to admit of a delay, till the United States in Congress assembled can + be consulted: nor shall any State grant commissions to any ships or + vessels of war, nor letters of marque or reprisal, except it be after a + declaration of war by the United States in Congress assembled, and then + only against the kingdom or state and the subjects thereof, against which + war has been so declared, and under such regulations as shall be + established by the United States in Congress assembled, unless such State + be infested by pirates, in which case vessels of war may be fitted out for + that occasion, and kept so long as the danger shall continue, or until the + United States in Congress assembled shall determine otherwise. + </p> + <p> + <span class="smcap">Article VII.</span> + When land-forces are raised by any State for the common + defence, all officers of or under the rank of colonel, shall be appointed + by the Legislature of each State respectively by whom such forces shall be + raised, or in such manner as such State shall direct, and all vacancies + shall be filled up by the State which first made the appointment. + </p> + <p> + <span class="smcap">Article VIII.</span> + All charges of war, and all other expenses that shall be + incurred for the common defence + <span class="pagenum"><a name="Page_180" id="Page_180">180</a></span> + or general welfare, and allowed by the + United States in Congress assembled, shall be defrayed out of a common + treasury, which shall be supplied by the several States, in proportion to + the value of all land within each State, granted to or surveyed for any + person, as such land and the buildings and improvements thereon shall be + estimated according to such mode as the United States in Congress + assembled, shall from time to time direct and appoint. + </p> + <p> + The taxes for paying that proportion shall be laid and levied by the + authority and direction of the Legislatures of the several States within + the time agreed upon by the United States in Congress assembled. + </p> + <p> + <span class="smcap">Article IX.</span> + The United States in Congress assembled, shall have the sole + and exclusive right and power of determining on peace and war, except in + the cases mentioned in the sixth article—of sending and receiving + ambassadors—entering into treaties and alliances, provided that no + treaty of commerce shall be made whereby the legislative power of the + respective States shall be restrained from imposing such imposts and + duties on foreigners, as their own people are subjected to, or from + prohibiting the exportation or importation of any species of goods or + commodities whatsoever—of establishing rules for deciding in all + cases, what captures on land or water shall be legal, and in what manner + prizes taken by land or naval forces in the service of the United States + shall be divided or appropriated—of granting letters of marque and + reprisal in times of peace—appointing courts for the trial of + piracies and felonies committed on the high seas and establishing courts + for receiving and determining finally appeals in all cases of captures, + <span class="pagenum"><a name="Page_181" id="Page_181">181</a></span> + provided that no member of Congress shall be appointed a judge of any of + the said courts. + </p> + <p> + The United States in Congress assembled shall also be the last resort on + appeal in all disputes and differences now subsisting or that hereafter + may arise between two or more States concerning boundary, jurisdiction or + any other cause whatever; which authority shall always be exercised in the + manner following. Whenever the legislative or executive authority or + lawful agent of any State in controversy with another shall present a + petition to Congress, stating the matter in question and praying for a + hearing, notice thereof shall be given by order of Congress to the + legislative or executive authority of the other State in controversy, and + a day assigned for the appearance of the parties by their lawful agents, + who shall then be directed to appoint by joint consent, commissioners or + judges to constitute a court for hearing and determining the matter in + question: but if they cannot agree, Congress shall name three persons out + of each of the United States, and from the list of such persons each party + shall alternately strike out one, the petitioners beginning, until the + number shall be reduced to thirteen; and from that number not less than + seven, nor more than nine names as Congress shall direct, shall in the + presence of Congress be drawn out by lot, and the persons whose names + shall be so drawn or any five of them, shall be commissioners or judges, + to hear and finally determine the controversy, so always as a major part + of the judges who shall hear the cause shall agree in the determination: + and if either party shall neglect to attend at the day appointed, without + showing reasons, which Congress shall judge sufficient, or + <span class="pagenum"><a name="Page_182" id="Page_182">182</a></span> + being present shall refuse to strike, the Congress shall proceed to + nominate three persons out of each State, and the Secretary of Congress + shall strike in behalf of such party absent or refusing; and the judgment + and sentence of the court to be appointed, in the manner before + prescribed, shall be final and conclusive; and if any of the parties shall + refuse to submit to the authority of such court, or to appear or defend + their claim or cause, the court shall nevertheless proceed to pronounce + sentence, or judgment, which shall in like manner be final and decisive, + the judgment or sentence and other proceedings being in either case + transmitted to Congress, and lodged among the acts of Congress for the + security of the parties concerned: provided that every commissioner, + before he sits in judgment, shall take an oath to be administered by one + of the judges of the supreme or superior court of the State where the + cause shall be tried, “well and truly to hear and determine the + matter in question, according to the best of his judgment, without favour, + affection or hope of reward:” provided also that no State shall be + deprived of territory for the benefit of the United States. + </p> + <p> + All controversies concerning the private right of soil claimed under + different grants of two or more States, whose jurisdiction as they may + respect such lands, and the States which passed such grants are adjusted, + the said grants or either of them being at the same time claimed to have + originated antecedent to such settlement of jurisdiction, shall on the + petition of either party to the Congress of the United States, be finally + determined as near as may be in the same manner as is before prescribed + for deciding disputes respecting territorial jurisdiction between + different States. + </p> + <p> + <span class="pagenum"><a name="Page_183" id="Page_183">183</a></span> + The United States in Congress assembled shall also have the sole and + exclusive right and power of regulating the alloy and value of coin struck + by their own authority, or by that of the respective States.—fixing + the standard of weights and measures throughout the United + States.—regulating the trade and managing all affairs with the + Indians, not members of any of the States, provided that the legislative + right of any State within its own limits be not infringed or + violated—establishing and regulating post-offices from one State to + another, throughout all the United States, and exacting such postage on + the papers passing thro’ the same as may be requisite to defray the + expenses of the said office—appointing all officers of the land + forces, in the service of the United States, excepting regimental + officers—appointing all the officers of the naval forces, and + commissioning all officers whatever in the service of the United + States—making rules for the government and regulation of the said + land and naval forces, and directing their operations. + </p> + <p> + The United States in Congress assembled shall have authority to appoint a + committee, to sit in the recess of Congress, to be denominated “a + Committee of the States,” and to consist of one delegate from each + State; and to appoint such other committees and civil officers as may be + necessary for managing the general affairs of the United States under + their direction—to appoint one of their number to preside, provided + that no person be allowed to serve in the office of president more than + one year in any term of three years; to ascertain the necessary sums of + money to be raised for the service of the United States, and to + appropriate and apply the same for defraying the public expenses—to + borrow + <span class="pagenum"><a name="Page_184" id="Page_184">184</a></span> + money, or emit bills on the credit of the United States, transmitting + every half year to the respective States an account of the sums of money + so borrowed or emitted,—to build and equip a navy—to + agree upon the number of land forces, and to make requisitions from each + State for its quota, in proportion to the number of white inhabitants in + such State; which requisition shall be binding, and thereupon the + Legislature of each State shall appoint the regimental officers, raise the + men and cloath, arm and equip them in a soldier like manner, at the + expense of the United States; and the officers and men so cloathed, armed + and equipped shall march to the place appointed, and within the time + agreed on by the United States in Congress assembled: but if the United + States in Congress assembled shall, on consideration of circumstances + judge proper that any State should not raise men, or should raise a + smaller number than its quota, and that any other State should raise a + greater number of men than the quota thereof, such extra number shall be + raised, officered, cloathed, armed and equipped in the same manner as the + quota of such State, unless the legislature of such State shall judge that + such extra number cannot be safely spared out of the same, in which case + they shall raise officer, cloath, arm and equip as many of such extra + number as they judge can be safely spared. And the officers and men so + cloathed, armed and equipped, shall march to the place appointed, and + within the time agreed on by the United States in Congress assembled. + </p> + <p> + The United States in Congress assembled shall never engage in a war, nor + grant letters of marque and reprisal in time of peace, nor enter into any + treaties or + <span class="pagenum"><a name="Page_185" id="Page_185">185</a></span> + alliances, nor coin money, nor regulate the value thereof, nor + ascertain the sums and expenses necessary for the defence and welfare of + the United States, or any of them, nor emit bills, nor borrow money on the + credit of the United States, nor appropriate money, nor agree upon the + number of vessels of war, to be built or purchased, or the number of land + or sea forces to be raised, nor appoint a commander in chief of the army + or navy, unless nine States assent to the same: nor shall a question on + any other point, except for adjourning from day to day be determined, + unless by the votes of a majority of the United States in Congress + assembled. + </p> + <p> + The Congress of the United States shall have power to adjourn to any time + within the year, and to any place within the United States, so that no + period of adjournment be for a longer duration than the space of six + months, and shall publish the journal of their proceedings monthly, except + such parts thereof relating to treaties, alliances or military operations, + as in their judgment require secresy; and the yeas and nays of the + delegates of each State on any question shall be entered on the journal, + when it is desired by any delegate; and the delegates of a State, or any + of them, at his or their request shall be furnished with a transcript of + the said journal, except such parts as are above excepted, to lay before + the Legislatures of the several States. + </p> + <p> + <span class="smcap">Article X.</span> + The committee of the States, or any nine of them, shall be + authorized to execute, in the recess of Congress, such of the powers of + Congress as the United States in Congress assembled, by the consent of + nine States, shall from time to time think expedient to vest them with; + provided that no power be delegated to the said committee, for the + exercise of which, by the + <span class="pagenum"><a name="Page_186" id="Page_186">186</a></span> + articles of confederation, the voice of nine + States in the Congress of the United States assembled is requisite. + </p> + <p> + <span class="smcap">Article XI.</span> + Canada acceding to this confederation, and joining in the + measures of the United States, shall be admitted into, and entitled to all + the advantages of this Union: but no other colony shall be admitted into + the same, unless such admission be agreed to by nine States. + </p> + <p> + <span class="smcap">Article XII.</span> + All bills of credit emitted, monies borrowed and debts + contracted by, or under the authority of Congress, before the assembling + of the United States, in pursuance of the present confederation, shall be + deemed and considered as a charge against the United States, for payment + and satisfaction whereof the said United States, and the public faith are + hereby solemnly pledged. + </p> + <p> + <span class="smcap">Article XIII.</span> + Every State shall abide by the determinations of the United + States in Congress assembled, on all questions which by this confederation + are submitted to them. And the articles of this confederation shall be + inviolably observed by every State, and the Union shall be perpetual; nor + shall any alteration at any time hereafter be made in any of them; unless + such alteration be agreed to in a Congress of the United States, and be + afterwards confirmed by the Legislatures of every State. + </p> + <p> + And whereas it has pleased the Great Governor of the world to incline the + hearts of the Legislatures we respectively represent in Congress, to + approve of, and to authorize us to ratify the said articles of + confederation and perpetual union. Know ye that we the undersigned + delegates, by virtue of the power and authority to us given for that + purpose, do by these + <span class="pagenum"><a name="Page_187" id="Page_187">187</a></span> + presents, in the name and in behalf of our respective + constituents, fully and entirely ratify and confirm each and every of the + said articles of confederation and perpetual union, and all and singular + the matters and things therein contained: and we do further solemnly + plight and engage the faith of our respective constituents, that they + shall abide by the determinations of the United States in Congress + assembled, on all questions, which by the said confederation are submitted + to them. And that the articles thereof shall be inviolably observed by the + States we re[s]pectively represent, and that the Union shall be perpetual. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">In witness</span> whereof we have hereunto + set our hands in Congress. Done at Philadelphia in the State of + Pennsylvania the ninth day of July in the year of our Lord one thousand + seven hundred and seventy-eight, and in the third year of the independence + of America. ¹ + </p> + <div class="footer"> + <a id="footer_187-1" name="footer_187-1"></a> + <p class="footer"> + ¹ From the circumstances of delegates from the same State having + signed the Articles of Confederation at different times, as appears by + the dates, it is probable they affixed their names as they happened + to be present in Congress, after they had been authorized by their + constituents. + </p> + </div> + <p class="states"> + On the part & behalf of the State of New Hampshire. + </p> + <p class="signatures"> + Josiah Bartlett,<br /> + John Wentworth, Junr., + <span style="font-variant:normal">August 8th, 1778.</span><br /> + </p> + <p class="states"> + On the part and behalf of the State of Massachusetts Bay. + </p> + <p class="signatures"> + John Hancock,<br /> + Samuel Adams, <br /> + Elbridge Gerry, <br /> + Francis Dana, <br /> + James Lovell, <br /> + Samuel Holten.<br /> + </p> + <p class="states"> + On the part and behalf of the State of Rhode Island and Providence + Plantations. + <span class="pagenum"><a name="Page_188" id="Page_188">188</a></span> + </p> + <p class="signatures"> + Williams Ellery,<br /> + Henry Marchant, <br /> + John Collins.<br /> + </p> + <p class="states"> + On the part and behalf of the State of Connecticut. + </p> + <p class="signatures"> + Roger Sherman,<br /> + Samuel Huntington, <br /> + Oliver Wolcott, <br /> + Titus Hosmer, <br /> + Andrew Adams.<br /> + </p> + <p class="states"> + On the part and behalf of the State of New York. + </p> + <p class="signatures"> + Jas. Duane,<br /> + Fra. Lewis,<br /> + Wm. Duer,<br /> + Gouv. Morris.<br /> + </p> + <p class="states"> + On the part and behalf of the State of New Jersey, Novr. 26, 1778. + </p> + <p class="signatures"> + Jno. Witherspoon.<br /> + Nathl. Scudder.<br /> + </p> + <p class="states"> + On the part & behalf of the State of Pennsylvania. + </p> + <p class="signatures"> + Robt. Morris,<br /> + Daniel Roberdeau, <br /> + Jona. Bayard Smith,<br /> + William Clingan,<br /> + Joseph Reed, + <span style="font-variant:normal;">22d July, 1778.</span><br /> + </p> + <p class="states"> + On the part & behalf of the State of Delaware. + </p> + <p class="signatures"> + Tho. M’Kean, + <span style="font-variant:normal;">Feby. 12, 1779.</span><br /> + John Dickinson, + <span style="font-variant:normal;">May 5, 1779.</span><br /> + Nicholas Van Dyke. <br /> + </p> + <p class="states"> + On the part and behalf of the State of Maryland. + </p> + <p class="signatures"> + John Hanson, + <span style="font-variant:normal;">March 1, 1781.</span><br /> + Daniel Carroll, + <span style="font-variant:normal;">Mar. 1, 1781.</span><br /> + </p> + <p class="states"> + On the part and behalf of the State of Virginia. + <span class="pagenum"><a name="Page_189" id="Page_189">189</a></span> + </p> + <p class="signatures"> + Richard Henry Lee,<br /> + John Banister, <br /> + Thomas Adams, <br /> + Jno. Harvie, <br /> + Francis Lightfoot Lee.<br /> + </p> + <p class="states"> + On the part and behalf of the State of No. Carolina. + </p> + <p class="signatures"> + John Penn, + <span style="font-variant:normal;">July 21st, 1778.</span><br /> + Corns. Harnett, <br /> + Jno. Williams. <br /> + </p> + <p class="states"> + On the part & behalf of the State of South Carolina. + </p> + <p class="signatures"> + Henry Laurens,<br /> + William Henry Drayton,<br /> + Jno. Mathews,<br /> + Richd. Hutson, <br /> + Thos. Heyward, Junr.<br /> + </p> + <p class="states"> + On the part & behalf of the State of Georgia. + </p> + <p class="signatures"> + Jno. Walton, + <span style="font-variant:normal;">24th July, 1778.</span><br /> + Edwd. Telfair, <br /> + Edwd. Langworthy.<br /> + </p> + <hr class="break" /> + + <div class="chapterhead"> + <br /> + <br /><span class="pagenum"><a name="Page_190" id="Page_190">190</a></span> + <br /><br /> + </div> + <h2><a href="#Contents">THE NORTHWEST TERRITORIAL GOVERNMENT—1787.</a></h2> + <h3> THE CONFEDERATE CONGRESS, JULY 13, 1787. + </h3> + <p style="text-align:center; font-style:italic;"> + An Ordinance for the government of the territory of the United States + northwest of the river Ohio. + </p> + <p> + <span class="smcap">Section</span> 1. <em>Be it ordained by the United + States in Congress assembled,</em> That the said territory, for the + purpose of temporary government, be one district, subject, however, to be + divided into two districts, as future circumstances may, in the opinion + of Congress, make it expedient. + </p> + <p> + <span class="smcap">Sec.</span> 2. <em>Be it ordained by the authority + aforesaid,</em> That the estates both + of resident and non-resident proprietors in the said territory, dying + intestate, shall descend to, and be distributed among, their children and + the descendants of a deceased child in equal parts, the descendants of a + deceased child or grandchild to take the share of their deceased parent in + equal parts among them; and where there shall be no children or + descendants, then in equal parts to the next of kin, in equal degree; and + among collaterals, the children of a deceased brother or sister of the + intestate shall have, in equal parts among them, their deceased + parent’s share; and there shall, in no case, be a distinction + between kindred of the whole and half blood; saving in all cases to the + <span class="pagenum"><a name="Page_191" id="Page_191">191</a></span> + widow of the intestate, her third part of the real estate for life, and + one-third part of the personal estate; and this law relative to descents + and dower, shall remain in full force until altered by the legislature of + the district. And until the governor and judges shall adopt laws as + hereinafter mentioned, estates in the said territory may be devised or + bequeathed by wills in writing, signed and sealed by him or her in whom + the estate may be, (being of full age,) and attested by three witnesses; + and real estates may be conveyed by lease and release, or bargain and + sale, signed, sealed, and delivered by the person, being of full age, in + whom the estate may be, and attested by two witnesses, provided such + wills be duly proved, and such conveyances be acknowledged, or the + execution thereof duly proved, and be recorded within one year after + proper magistrates, courts, and registers, shall be appointed for that + purpose; and personal property may be transferred by delivery, saving, + however, to the French and Canadian inhabitants, and other settlers of + the Kaskaskias, Saint Vincents, and the neighboring villages, who have + heretofore professed themselves citizens of Virginia, their laws and + customs now being in force among them, relative to the descent and + conveyance of property. + </p> + <p> + <span class="smcap">Sec.</span> 3. <em>Be it ordained by the authority + aforesaid,</em> That there shall be appointed, from time to time, by + Congress, a governor, whose commission shall continue in force for the + term of three years, unless sooner revoked by Congress; he shall reside + in the district, and have a freehold estate therein, in one thousand + acres of land, while in the exercise of his office. + </p> + <p> + <span class="smcap">Sec.</span> 4. There shall be appointed from time + to time, + <span class="pagenum"><a name="Page_192" id="Page_192">192</a></span> + by Congress, a secretary, whose commission shall continue in force for + four years, unless sooner revoked; he shall reside in the district, and + have a freehold estate therein, in five hundred acres of land, while in + the exercise of his office. It shall be his duty to keep and preserve + the acts and laws passed by the legislature, and the public records of + the district, and the proceedings of the governor in his executive + department, and transmit authentic copies of such acts and proceedings + every six months to the Secretary of Congress. There shall also be + appointed a court, to consist of three judges, any two of whom to form a + court, who shall have a common-law jurisdiction, and reside in the + district, and have each therein a freehold estate, in five hundred acres + of land, while in the exercise of their offices; and their commissions + shall continue in force during good behavior. + </p> + <p> + <span class="smcap">Sec.</span> 5. The governor and judges, or a majority + of them, shall adopt and publish in the distric[t] such laws of the + original States, criminal and civil, as may be necessary, and best suited + to the circumstances of the district, and report them to Congress from + time to time, which laws shall be in force in the district until the + organization of the general assembly therein, unless disapproved of by + Congress; but afterwards the legislature shall have authority to alter + them as they shall think fit. + </p> + <p> + <span class="smcap">Sec.</span> 6. The governor, for the time being, + shall be commander-in-chief of the militia, appoint and commission all + officers in the same below the rank of general officers; all general + officers shall be appointed and commissioned by Congress. + </p> + <p> + <span class="smcap">Sec.</span> 7. Previous to the organization of the + general + <span class="pagenum"><a name="Page_193" id="Page_193">193</a></span> + assembly the governor + shall appoint such magistrates, and other civil officers, in each county + or township, as he shall find necessary for the preservation of the peace + and good order in the same. After the general assembly shall be organized + the powers and duties of magistrates and other civil officers shall be + regulated and defined by the said assembly; but all magistrates and other + civil officers, not herein otherwise directed, shall, during the + continuance of this temporary government, be appointed by the governor. + </p> + <p> + <span class="smcap">Sec.</span> 8. For the prevention of crimes and + injuries, the laws to be adopted or made shall have force in all parts + of the district, and for the execution of process, criminal and civil, + the governor shall make proper divisions thereof; and he shall proceed, + from time to time, as circumstances may require, to lay out the parts + of the district in which the Indian titles shall have been extinguished, + into counties and townships, subject, however, to such alterations as + may thereafter be made by the legislature. + </p> + <p> + <span class="smcap">Sec.</span> 9. So soon as there shall be five + thousand free male inhabitants, of + full age, in the district, upon giving proof thereof to the governor, they + shall receive authority, with time and place, to elect representatives + from their counties or townships, to represent them in the general + assembly: <em>Provided</em>, That for every five hundred free male + inhabitants there shall be one representative, and so on, progressively, + with the number of free male inhabitants, shall the right of + representation increase, until the number of representatives shall + amount to twenty-five; after which the number and proportion of + representatives shall be regulated by the legislature: <em>Provided</em>, + That no person be eligible or + <span class="pagenum"><a name="Page_194" id="Page_194">194</a></span> + qualified to act as a representative, unless he shall have been a citizen + of one of the United States three years, and be a resident in the + district, or unless he shall have resided in the district three years; + and, in either case, shall likewise hold in his own right, in fee-simple, + two hundred acres of land within the same: <em>Provided also</em>, + That a freehold in fifty acres of land in the district, having been a + citizen of one of the States, and being resident in the district, or the + like freehold and two years’ residence in the district, shall be + necessary to qualify a man as an elector of a representative. + </p> + <p> + <span class="smcap">Sec.</span> 10. The representatives thus elected shall + serve for the term of two years; and in case of the death of a + representative, or removal from office, the governor shall issue a writ + to the county or township, for which he was a member, to elect another in + his stead, to serve for the residue of the term. + </p> + <p> + <span class="smcap">Sec.</span> 11. The general assembly, or legislature, + shall consist of the governor, legislative council, and a house of + representatives. The legislative council shall consist of five members, + to continue in office five years, unless sooner removed by Congress; any + three of whom to be a quorum; and the members of the council shall be + nominated and appointed in the following manner, to wit: As soon as + representatives shall be elected the governor shall appoint a time and + place for them to meet together, and when met they shall nominate ten + persons, resident in the district, and each possessed of a freehold in + five hundred acres of land, and return their names to Congress, five of + whom Congress shall appoint and commission to serve as aforesaid; and + whenever a vacancy shall happen in the council, by + <span class="pagenum"><a name="Page_195" id="Page_195">195</a></span> + death or removal from office, the house of representatives + shall nominate two persons, qualified as aforesaid, for each vacancy, and + return their names to Congress, one of whom Congress shall appoint and + commission for the residue of the term; and every five years, four months + at least before the expiration of the time of service of the members of + the council, the said house shall nominate ten persons, qualified as + aforesaid, and return their names to Congress, five of whom Congress shall + appoint and commission to serve as members of the council five years, + unless sooner removed. And the governor, legislative council, and house of + representatives shall have authority to make laws in all cases for the + good government of the district, not repugnant to the principles and + articles in this ordinance established and declared. And all bills, having + passed by a majority in the house, and by a majority in the council, shall + be referred to the governor for his assent; but no bill, or legislative + act whatever, shall be of any force without his assent. The governor shall + have power to convene, prorogue, and dissolve the general assembly when, + in his opinion, it shall be expedient. + </p> + <p> + <span class="smcap">Sec.</span> 12. The governor, judges, legislative + council, secretary, and such other officers as Congress shall appoint + in the district, shall take an oath or affirmation of fidelity, and + of office; the governor before the President of Congress, and all + other officers before the governor. As soon as a legislature shall + be formed in the district, the council and house assembled, in one + room, shall have authority, by joint ballot, to elect a delegate to + Congress, who shall have a seat in Congress, with a right of + debating, but not of voting, during this temporary government. + </p> + <p> + <span class="pagenum"><a name="Page_196" id="Page_196">196</a></span> + <span class="smcap">Sec.</span> 13. And for extending the fundamental + principles of civil and religious liberty, which form the basis whereon + these republics, their laws and constitutions, are erected; to fix and + establish those principles as the basis of all laws, constitutions, and + governments, which forever hereafter shall be formed in the said + territory; to provide, also, for the establishment of States, and + permanent government therein, and for their admission to a share in + the Federal councils on an equal footing with the original States, + at as early periods as may be consistent with the general interest: + </p> + <p> + <span class="smcap">Sec.</span> 14. It is hereby ordained and declared, + by the authority aforesaid, that the following articles shall be + considered as articles of compact, between the original States and + the people and States in the said territory, and forever remain + unalterable, unless by common consent, to + wit: + </p> + <p class="articles"> + ARTICLE I. + </p> + <p> + No person, demeaning himself in a peaceable and orderly manner, shall ever + be molested on account of his mode of worship, or religious sentiments, in + the said territories. + </p> + <p class="articles"> + ARTICLE II. + </p> + <p> + The inhabitants of the said territory shall always be entitled to the + benefits of the writs of <i>habeas corpus</i>, and of the trial by jury; of a + propo[r]tionate representation of the people in the legislature, and of + judicial proceedings according to the course of the common law. All + persons shall be bailable, unless for capital offences, where the proof + shall be evident, or the presumption great. All fines shall be moderate; + and no + <span class="pagenum"><a name="Page_197" id="Page_197">197</a></span> + cruel or unusual punishments shall be inflicted. No man shall be + deprived of his liberty or property, but by the judgment of his peers, or + the law of the land, and should the public exigencies make it necessary, + for the common preservation, to take any person's property, or to demand + his particular services, full compensation shall be made for the same. + And, in the just preservation of rights and property, it is understood and + declared, that no law ought ever to be made or have force in the said + territory, that shall, in any manner whatever, interfere with or affect + private contracts, or engagements, <i>bona fide</i>, and without fraud previously + formed. + </p> + <p class="articles"> + ARTICLE III. + </p> + <p> + Religion, morality, and knowledge being necessary to good government and + the happiness of mankind, schools and the means of education shall forever + be encouraged. The utmost good faith shall always be observed towards the + Indians; their lands and property shall never be taken from them without + their consent; and in their property, rights, and liberty they never shall + be invaded or disturbed, unless in just and lawful wars authorized by + Congress; but laws founded in justice and humanity shall, from time to + time, be made, for preventing wrongs being done to them, and for + preserving peace and friendship with them. + </p> + <p class="articles"> + ARTICLE IV. + </p> + <p> + The said territory, and the States which may be formed + therein, shall forever remain a part of this confederacy of the United + States of America, subject to the Articles of Confederation, and to such + alterations + <span class="pagenum"><a name="Page_198" id="Page_198">198</a></span> + therein as shall be constitutionally made; and to all the acts + and ordinances of the United States in Congress assembled, conformable + thereto. The inhabitants and settlers in the said territory shall be + subject to pay a part of the Federal debts, contracted, or to be + contracted, and a proportional part of the expenses of government to be + apportioned on them by Congress, according to the same common rule and + measure by which apportionments thereof shall be made on the other States; + and the taxes for paying their proportion shall be laid and levied by the + authority and direction of the legislatures of the district, or districts, + or new States, as in the original States, within the time agreed upon by + the United States in Congress assembled. The legislatures of those + districts, or new States, shall never interfere with the primary disposal + of the soil by the United States in Congress assembled, nor with any + regulations Congress may find necessary for securing the title in such + soil to the <i>bona-fide</i> purchasers. No tax shall be imposed on lands the + property of the United States; and in no case shall non-resident + proprietors be taxed higher than residents. The navigable waters leading + into the Mississippi and Saint Lawrence, and the carrying places between + the same, shall be common highways, and forever free, as well to the + inhabitants of the said territory as to the citizens of the United States, + and those of any other States that may be admitted into the confederacy, + without any tax, impost, or duty therefor. + </p> + <p class="articles"> + ARTICLE V. + </p> + <p> + There shall be formed in the said territory not less than three nor more + than five States; and the boundaries + <span class="pagenum"><a name="Page_199" id="Page_199">199</a></span> + of the States, as soon as Virginia + shall alter her act of cession and consent to the same, shall become fixed + and established as follows, to wit: The western State, in the said + territory, shall be bounded by the Mississippi, the Ohio, and the Wabash + Rivers; a direct line drawn from the Wabash and Post Vincents, due north, + to the territorial line between the United States and Canada; and by the + said territorial line to the Lake of the Woods and Mississippi. The middle + State shall be bounded by the said direct line, the Wabash from Post + Vincents to the Ohio, by the Ohio, by a direct line drawn due north from + the mouth of the Great Miami to the said territorial line, and by the said + territorial line. The eastern State shall be bounded by the last-mentioned + direct line, the Ohio, Pennsylvania, and the said territorial line: + <em>Provided, however,</em> And it is further understood and declared, + that the boundaries of these three States shall be subject so far to be + altered, that, if Congress shall hereafter find it expedient, they shall + have authority to form one or two States in that part of the said + territory which lies north of an east and west line drawn through the + southerly bend or extreme of Lake Michigan. And whenever any of the said + States shall have sixty thousand free inhabitants therein, such State + shall be admitted, by its delegates, into the Congress of the United + States, on an equal footing with the original States, in all respects + whatever; and shall be at liberty to form a permanent constitution and + State government: <em>Provided,</em> The constitution and government, so + to be formed, shall be republican, and in conformity to the principles + contained in these articles, and, so far as it can be consistent with + the general interest of the confederacy, + <span class="pagenum"><a name="Page_200" id="Page_200">200</a></span> + such admission shall be allowed at an earlier period, and + when there may be a less number of free inhabitants in the State than + sixty thousand. + </p> + <p class="articles"> + ARTICLE VI. + </p> + <p> + There shall be neither slavery nor involuntary servitude in the said + territory, otherwise than in the punishment of crimes, whereof the party + shall have been duly convicted: <em>Provided always,</em> That any + person escaping into the same, from whom labor or service is lawfully + claimed in any one of the original States, such fugitive may be lawfully + reclaimed, and conveyed to the person claiming his or her labor or service + as aforesaid. + </p> + <p> + <em>Be it ordained by the authority aforesaid,</em> + That the resolutions of the 23d of April, 1784, relative to the subject + of this ordinance, be, and the same are hereby, repealed, and declared + null and void. + </p> + <p> + Done by the United States, in Congress assembled, the 13th day of July, in + the year of our Lord 1787, and of their sovereignty and independence the + twelfth. + </p> + <hr class="break" /> + + <div class="chapterhead"> + <br /> + <br /><span class="pagenum"><a name="Page_201" id="Page_201">201</a></span> + <br /><br /> + </div> + <h2><a href="#Contents">CONSTITUTION OF THE UNITED STATES—1787.</a></h2> + <p class="hanging"> + <span class="smcap" style="margin-left:-2em;">We the people</span> of the + United States, in Order to form a more perfect Union, establish Justice, + insure domestic Tranquility, provide for the common defense, promote the + general Welfare, and secure the Blessings of Liberty to ourselves and our + Posterity, do ordain and establish this + <span class="smcap">constitution</span> for the United States of + America. + </p> + <p><br /></p> + <h3>ARTICLE I.</h3> + <p> + <span class="smcap">Section. 1.</span> + All legislative Powers herein granted shall be vested in a + Congress of the United States, which shall consist of a Senate and House + of Representatives. + </p> + <p> + <span class="smcap">Section. 2.</span> + <span class="sectionnum">1</span> + The House of Representatives shall be composed of Members + chosen every second Year by the People of the several States, and the + Electors in each State shall have the Qualifications requisite for + Electors of the most numerous Branch of the State Legislature. + </p> + <p> + <span class="sectionnum">2</span> + No Person shall be a Representative who shall not have attained to the + Age of twenty-five Years, and been seven Years a Citizen of the United + States, and who shall not, when elected, be an Inhabitant of that State in + which he shall be chosen. + </p> + <p> + <span class="pagenum"><a name="Page_202" id="Page_202">202</a></span> + <span class="sectionnum">3</span> + [Representatives and direct Taxes shall be + apportioned among the several States which may be included within this + Union, according to their respective Numbers, which shall be determined by + adding to the whole Number of free Persons, including those bound to + Service for a Term of Years, and excluding Indians not taxed, three fifths + of all other Persons.] The actual Enumeration shall be made within three + Years after the first Meeting of the Congress of the United States, and + within every subsequent Term of ten Years, in such Manner as they shall by + Law direct. The Number of Representatives shall not exceed one for every + thirty Thousand, but each State shall have at Least one Representative; + and until such enumeration shall be made, the State of New Hampshire shall + be entitled to chuse three, Massachusetts eight, Rhode-Island and + Providence Plantations one, Connecticut five, New-York six, New Jersey + four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North + Carolina five, South Carolina five, and Georgia three. + </p> + <p> + <span class="sectionnum">4</span> + When vacancies happen in the Representation from any State, the + Executive Authority thereof shall issue Writs of Election to fill such + Vacancies. + </p> + <p> + <span class="sectionnum">5</span> + The House of Representatives shall chuse their Speaker and other + Officers; and shall have the sole Power of Impeachment. + </p> + <p> + <span class="smcap">Section. 3.</span> + <span class="sectionnum">1</span> The Senate of the United States + shall be composed of two Senators from each State, chosen by the + Legislature thereof, for six Years; and each Senator shall have one Vote. + </p> + <p> + <span class="sectionnum">2</span> + Immediately after they shall be assembled in Consequence of the first + Election, they shall be divided as equally as may be into three Classes. + The Seats of the + <span class="pagenum"><a name="Page_203" id="Page_203">203</a></span> + Senators of the first Class shall be vacated at the Expiration of the + second year, of the second Class at the Expiration of the fourth Year, + and of the third Class at the Expiration of the sixth Year, so that + one-third may be chosen every second Year; and if Vacancies happen by + Resignation, or otherwise, during the Recess of the Legislature + of any State, the Executive thereof may make temporary Appointments until + the next Meeting of the Legislature, which shall then fill such Vacancies. + </p> + <p> + <span class="sectionnum">3</span> + No Person shall be a Senator who shall not have attained to the Age of + thi[r]ty Years, and been nine Years a Citizen of the United States, and + who shall not, when elected, be an Inhabitant of that State for which he + shall be chosen. + </p> + <p> + <span class="sectionnum">4</span> + The Vice President of the United States shall be President of the + Senate, but shall have no Vote, unless they be equally divided. + </p> + <p> + <span class="sectionnum">5</span> + The Senate shall chuse their other Officers, and also a President pro + tempore, in the Absence of the Vice President, or when he shall exercise + the Office of President of the United States. + </p> + <p> + <span class="sectionnum">6</span> + The Senate shall have the sole Power to try all Impeachments. When + sitting for that Purpose, they shall be on Oath or Affirmation. When the + President of the United States is tried, the Chief Justice shall preside: + And no Person shall be convicted without Concurrence of two thirds of + the Members present. + </p> + <p> + <span class="sectionnum">7</span> + Judgment in Cases of Impeachment shall not extend further than to + removal from Office, and disqualification to hold and enjoy any Office of + honor, Trust or Profit under the United States: but the Party convicted + shall nevertheless be liable and subject to + <span class="pagenum"><a name="Page_204" id="Page_204">204</a></span> + Indictment, Trial, Judgment and Punishment, according to Law. + </p> + <p> + <span class="smcap">Section. 4.</span> + <span class="sectionnum">1</span> 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 the Places of + chusing Senators. + </p> + <p> + <span class="sectionnum">2</span> + The Congress shall assemble at least once in every Year, and such + Meeting shall be on the first Monday in December, unless they shall by + Law appoint a different Day. + </p> + <p> + <span class="smcap">Section. 5.</span> + <span class="sectionnum">1</span> + Each House shall be the Judge of + the Elections, Returns and Qualifications of its own Members, and a + Majority of each shall constitute a Quorum to do Business; but a smaller + Number may adjourn from day to day, and may be authorized to compel the + Attendance of absent Members, in such Manner, and under such Penalties + as each House may provide. + </p> + <p> + <span class="sectionnum">2</span> + Each House may determine the Rules of its Proceedings, punish its + Members for disorderly Behavior, and, with the Concurrence of two thirds, + expel a Member. + </p> + <p> + <span class="sectionnum">3</span> + Each House shall keep a Journal of its Proceedings, and from time to + time publish the same, excepting such Parts as may in their Judgment + require Secrecy; and the Yeas and Nays of the Members of either House on + any question shall, at the Desire of one fifth of those present, be + entered on the Journal. + </p> + <p> + <span class="sectionnum">4</span> + Neither House, during the Session of Congress, shall, without the + Consent of the other, adjourn for more than three days, nor to any other + Place than that in which the two Houses shall be sitting. + </p> + <p> + <span class="pagenum"><a name="Page_205" id="Page_205">205</a></span> + <span class="smcap">Section. 6.</span> + <span class="sectionnum">1</span> + The Senators and Representatives + shall receive a Compensation for their Services, to be ascertained by + Law, and paid out of the Treasury of the United States. They shall in + all Cases, except Treason, Felony and Breach of the Peace, be privileged + from Arrest during their Attendance at the Session of their respective + Houses, and in going to and returning from the same; and for any Speech + or Debate in either House, they shall not be questioned in any other + Place. + </p> + <p> + <span class="sectionnum">2</span> + No Senator or Representative shall, during the Time for which he was + elected, be appointed to any civil Office under the Authority of the + United States, which shall have been created, or the Emoluments whereof + shall have been encreased during such time; and no Person holding any + Office under the United States, shall be a Member of either House during + his Continuance in Office. + </p> + <p> + <span class="smcap">Section. 7.</span> + <span class="sectionnum">1</span> + All Bills for raising Revenue shall originate in the House of + Representatives; but the Senate may propose or concur with Amendments + as on other Bills. + </p> + <p> + <span class="sectionnum">2</span> + Every Bill which shall have passed the House of Representatives and the + Senate, shall, before it become a Law, be presented to the President of + the United States; If he approve he shall sign it, but if not he shall + return it, with his Objections to that House in which it shall have + originated, who shall enter the Objections at large on their Journal, and + proceed to reconsider it. If after such Reconsideration two thirds of that + House shall agree to pass the Bill, it shall be sent, together with the + Objections, to the other House, by which it shall likewise be + reconsidered, and if approved by two thirds of that House, it shall become + a + <span class="pagenum"><a name="Page_206" id="Page_206">206</a></span> + Law. But in all such Cases the Votes of both Houses shall be determined + by Yeas and Nays, and the Names of the Persons voting for and against the + Bill shall be entered on the Journal of each House respectively. If any + Bill shall not be returned by the President within ten Days (Sundays + excepted) after it shall have been presented to him, the Same shall be a + Law, in like Manner as if he had signed it, unless the Congress by their + Adjournment prevent its Return, in which Case it shall not be a Law. + </p> + <p> + <span class="sectionnum">3</span> + Every Order, Resolution, or Vote to which the Concurrence of the Senate + and House of Representatives may be necessary (except on a question of + Adjournment) shall be presented to the President of the United States; and + before the Same shall take Effect, shall be approved by him, or being + disapproved by him, shall be repassed by two thirds of the Senate and + House of Representatives, according to the Rules and Limitations + prescribed in the Case of a Bill. + </p> + <p> + <span class="smcap">Section. 8.</span> + <span class="sectionnum">1</span> The Congress shall have Power To + lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and + provide for the common Defence and general Welfare of the United States; + but all Duties, Imposts and Excises shall be uniform throughout the + United States; + </p> + <p> + <span class="sectionnum">2</span> + To borrow Money on the credit of the United States; + </p> + <p> + <span class="sectionnum">3</span> + To regulate Commerce with foreign Nations, and among the several + States, and with the Indian Tribes; + </p> + <p> + <span class="sectionnum">4</span> + To establish an uniform Rule of Naturalization, and uniform Laws on the + subject of Bankruptcies throughout the United States; + </p> + <p> + <span class="sectionnum">5</span> + To coin Money, regulate the Value thereof, and of + <span class="pagenum"><a name="Page_207" id="Page_207">207</a></span> + foreign Coin, and fix the Standard of Weights and Measures; + </p> + <p> + <span class="sectionnum">6</span> + To provide for the Punishment of counterfeiting the Securities and + current Coin of the United States; + </p> + <p> + <span class="sectionnum">7</span> To establish Post Offices and post + Roads; + </p> + <p> + <span class="sectionnum">8</span> + To promote the Progress of Science and useful Arts, by securing for + limited Times to Authors and Inventors the exclusive Right to their + respective Writings and Discoveries; + </p> + <p> + <span class="sectionnum">9</span> + To constitute Tribunals inferior to the supreme Court; + </p> + <p> + <span class="sectionnum">10</span> + To define and punish Piracies and Felonies committed on the high Seas, + and Offences against the Law of Nations; + </p> + <p> + <span class="sectionnum">11</span> + To declare War, grant Letters of Marque and Reprisal, and make Rules + concerning Captures on Land and Water; + </p> + <p> + <span class="sectionnum">12</span> + To raise and support Armies, but no Appropriation of Money to that Use + shall be for a longer Term than two Years; + </p> + <p> + <span class="sectionnum">13</span> + To provide and maintain a Navy; + </p> + <p> + <span class="sectionnum">14</span> + To make Rules for the Government and Regulation of the land and naval + Forces; + </p> + <p> + <span class="sectionnum">15</span> + To provide for calling forth the Militia to execute the Laws of the + Union, suppress Insurrections and repel Invasions; + </p> + <p> + <span class="sectionnum">16</span> + To provide for organizing, arming, and disciplining, the Militia, and + for governing such Part of them as may be employed in the Service of the + United States, reserving to the States respectively, the Appointment of + the Officers, and the Authority of training the Militia according to the + discipline prescribed by Congress; + </p> + <p> + <span class="sectionnum">17</span> + To exercise exclusive Legislation in all Cases + <span class="pagenum"><a name="Page_208" id="Page_208">208</a></span> + whatsoever, over such District (not exceeding ten Miles square) as may, + by Cession of particular States, and the Acceptance of Congress, become + the Seat of the Government of the United States, and to exercise like + Authority over all places purchased by the Consent of the Legislature of + the State in which the Same shall be, for the Erection of Forts, + Magazines, Arsenals, dock-Yards, and other needful Buildings;—And + </p> + <p> + <span class="sectionnum">18</span> + To make all Laws which shall be necessary and proper for carrying + into Execution the foregoing Powers, and all other Powers vested by this + Constitution in the Government of the United States, or in any Department + or Officer thereof. + </p> + <p> + <span class="smcap">Section. 9.</span> + <span class="sectionnum">1</span> + The Migration or Importation of such Persons as any of the + States now existing shall think proper to admit, shall not be prohibited + by the Congress prior to the Year one thousand eight hundred and eight, + but a Tax or duty may be imposed on such Importation, not exceeding ten + dollars for each Person. + </p> + <p> + <span class="sectionnum">2</span> + The Privilege of the Writ of Habeas Corpus shall not be suspended, + unless when in Cases of Rebellion or Invasion the public Safety may + require it. + </p> + <p> + <span class="sectionnum">3</span> + No Bill of Attainder or expost facto Law shall be passed. + </p> + <p> + <span class="sectionnum">4</span> + No Capitation, or other direct, tax shall be laid, unless in Proportion + to the Census or Enumeration herein before directed to be taken. + </p> + <p> + <span class="sectionnum">5</span> + No Tax or Duty shall be laid on Articles exported from any State. + </p> + <p> + <span class="sectionnum">6</span> + No Preference shall be given by any Regulation of Commerce or Revenue + to the Ports of one State over + <span class="pagenum"><a name="Page_209" id="Page_209">209</a></span> + those of another; nor shall Vessels bound to, or from, one State, be + obliged to enter, clear, or pay Duties in another. + </p> + <p> + <span class="sectionnum">7</span> + No Money shall be drawn from the Treasury, but in Consequence of + Appropriations made by Law; and a regular Statement and Account of the + Receipts and Expenditures of all public Money shall be published from time + to time. + </p> + <p> + <span class="sectionnum">8</span> + No Title of Nobility shall be granted by the United States: And no + Person holding any Office of Profit or Trust under them, shall, without + the Consent of the Congress, accept of any present, Emolument, Office, or + Title, of any kind whatever, from any King, Prince, or foreign State. + </p> + <p> + <span class="smcap">Section. 10.</span> + <span class="sectionnum">1</span> + No State shall enter into any Treaty, Alliance, or Confederation; + grant Letters of Marque and Reprisal; coin Money; emit Bills + of Credit; make any Thing but gold and silver Coin a Tender in + Payment of Debts; pass any Bill of Attainder, ex post facto Law, + or Law impairing the Obligation of Contracts, or grant any Title + of Nobility. + </p> + <p> + <span class="sectionnum">2</span> + No State shall, without the Consent of the Congress, lay any Imposts or + Duties on Imports or Exports, except what may be absolutely necessary for + executing its inspection Laws: and the net Produce of all Duties and + Imposts, laid by any State on Imports or Exports, shall be for the Use of + the Treasury of the United States; and all such Laws shall be subject to + the Revision and Controul of the Congress. + </p> + <p> + <span class="sectionnum">3</span> + 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, + <span class="pagenum"><a name="Page_210" id="Page_210">210</a></span> + or engage in War, unless actually invaded, or in such imminent Danger + as will not admit of delay. + </p> + <p><br /></p> + <h3>ARTICLE II.</h3> + <p> + <span class="smcap">Section. 1.</span> + <span class="sectionnum">1</span> + The executive Power shall be vested in a President of the United States + of America. He shall hold his Office during the Term of four Years, and, + together with the Vice President, chosen for the same Term, be + elected, as follows + </p> + <p> + <span class="sectionnum">2</span> + Each State shall appoint, in such Manner as the Legislature thereof may + direct, a Number of Electors, equal to the whole Number of Senators and + Representatives to which the State may be entitled in the Congress: but no + Senator or Representative, or Person holding an Office of Trust or Profit + under the United States, shall be appointed an Elector. + </p> + <p> + <span class="sectionnum">3</span> + 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. + </p> + <p> + <span class="sectionnum">4</span> + 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. + </p> + <p> + <span class="sectionnum">5</span> + 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, + <span class="pagenum"><a name="Page_211" id="Page_211">211</a></span> + 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. + </p> + <p> + <span class="sectionnum">6</span> + 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. + </p> + <p> + <span class="sectionnum">7</span> + 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.” + </p> + <p> + <span class="smcap">Section. 2.</span> + <span class="sectionnum">1</span> + 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. + </p> + <p> + <span class="sectionnum">2</span> + 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, + <span class="pagenum"><a name="Page_212" id="Page_212">212</a></span> + 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. + </p> + <p> + <span class="sectionnum">3</span> + 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. + </p> + <p> + <span class="smcap">Section. 3.</span> + 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. + </p> + <p> + <span class="smcap">Section. 4.</span> + 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. + </p> + <p><br /></p> + <h3>ARTICLE III.</h3> + <p> + <span class="smcap">Section. 1.</span> + 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 + <span class="pagenum"><a name="Page_213" id="Page_213">213</a></span> + 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. + </p> + <p> + <span class="smcap">Section. 2.</span> + <span class="sectionnum">1</span> + 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; + </p> + <p> + <span class="sectionnum">2</span> + 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. + </p> + <p> + <span class="sectionnum">3</span> + 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. + </p> + <p> + <span class="smcap">Section. 3.</span> + <span class="sectionnum">1</span> + Treason against the United States, + <span class="pagenum"><a name="Page_214" id="Page_214">214</a></span> + 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. + </p> + <p> + <span class="sectionnum">2</span> + 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. + </p> + <p><br /></p> + <h3>ARTICLE IV.</h3> + <p> + <span class="smcap">Section. 1.</span> + 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. + </p> + <p> + <span class="smcap">Section. 2.</span> + <span class="sectionnum">1</span> + The Citizens of each State shall be entitled to all + Privileges and Immunities of Citizens in the several States. + </p> + <p> + <span class="sectionnum">2</span> + 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. + </p> + <p> + <span class="sectionnum">3</span> + 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. + </p> + <p> + <span class="pagenum"><a name="Page_215" id="Page_215">215</a></span> + <span class="smcap">Section. 3.</span> + <span class="sectionnum">1</span> + 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 Legislatures of the + States concerned as well as of the Congress. + </p> + <p> + <span class="sectionnum">2</span> + 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. + </p> + <p> + <span class="smcap">Section. 4.</span> + 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. + </p> + <p><br /></p> + <h3>ARTICLE V.</h3> + <p> + 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 + <span class="pagenum"><a name="Page_216" id="Page_216">216</a></span> + 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. + </p> + <p><br /></p> + <h3>ARTICLE. VI.</h3> + <p> + <span class="sectionnum">1</span> + 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. + </p> + <p> + <span class="sectionnum">2</span> + 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 State to the Contrary notwithstanding. + </p> + <p> + <span class="sectionnum">3</span> + 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. + </p> + <p><br /></p> + <h3>ARTICLE VII.</h3> + <p> + The Ratification of the Conventions of nine States, shall be sufficient + for the Establishment of this Constitution between the States so ratifying + the Same. + </p> + <p class="hanging"> + <span class="pagenum"><a name="Page_217" id="Page_217">217</a></span> + <span class="smcap" style="margin-left:-2em;">Done</span> + 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 + Independence of the United States of America the Twelfth In witness + whereof We have hereunto subscribed our Names, + </p> + <p style="text-align:right;"> + GO: WASHINGTON—<br /> + <i>Presidt. and Deputy from Virginia</i>. + </p> + <p class="states"> + New Hampshire. + </p> + <p class="signatures"> + John Langdon<br /> + Nicholas Gilman<br /> + </p> + <p class="states"> + Massachusetts. + </p> + <p class="signatures"> + Nathaniel Gorham<br /> + Rufus King<br /> + </p> + <p class="states"> + Connecticut. + </p> + <p class="signatures"> + Wm. Saml. Johnson<br /> + Roger Sherman<br /> + </p> + <p class="states"> + New York. + </p> + <p class="signatures"> + Alexander Hamilton<br /> + </p> + <p class="states"> + New Jersey. + </p> + <p class="signatures"> + Wil: Livingston<br /> + David Brearley<br /> + Wm. Patterson<br /> + Jona: Dayton<br /> + </p> + <p class="states"> + Pennsylvania. + </p> + <p class="signatures"> + B. Frnklin<br /> + Thomas Mifflin<br /> + Robt. Morris<br /> + Geo. Clymer<br /> + Thos. Fitzsimons<br /> + Jared Ingersoll<br /> + James Wilson<br /> + Gouv Morris<br /> + </p> + <p class="states"> + <span class="pagenum"><a name="Page_218" id="Page_218">218</a></span> + Delaware. + </p> + <p class="signatures"> + Geo: Read<br /> + Gunning Bedford Jun <br /> + John Dickerson<br /> + Richard Bassett<br /> + Jaco: Broom<br /> + </p> + <p class="states"> + Maryland. + </p> + <p class="signatures"> + James McHenry<br /> + Dan of St Thos Jenifer<br /> + Danl. Carroll<br /> + </p> + <p class="states"> + Virginia. + </p> + <p class="signatures"> + John Blair—<br /> + James Madison Jr.<br /> + </p> + <p class="states"> + North Carolina. + </p> + <p class="signatures"> + Wm. Blount<br /> + Richd. Dobbs Spaight<br /> + Hu Williamson<br/> + </p> + <p class="states"> + South Carolina. + </p> + <p class="signatures"> + J. Rutledge<br /> + Charles Cotesworth Pinckney<br /> + Charles Pinckney<br /> + Pierce Butler<br /> + </p> + <p class="states"> + Georgia. + </p> + <p class="signatures"> + William Few<br /> + Abr Baldwin<br /> + </p> + <p class="signatures"> + <span style="font-variant:normal;">Attest</span><br /> + William Jackson, + <span style="font-variant:normal; font-style:italic;">Secretary</span> + </p> + <p> + <br /><br /><br /><br /> + </p> + + <hr class="main" /> + + <div class="chapterhead"> + <br /><span class="pagenum"><a name="Page_219" id="Page_219">219</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents">BIBLIOGRAPHICAL NOTE</a></h2> + + <p> + <span class="smcap">There</span> are many comprehensive histories which + include the period covered by the present volume, of which a + few—without disparaging the others—are + deserving of mention for some particular reason. David Ramsay’s + <i>History of the American Revolution,</i> 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 + <i>History of the United States,</i> 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 <i>History of the People of the + United States from the Revolution to the Civil War,</i> 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 <i>History of the United States,</i> of + which seven volumes have been published (1904-1910), is remarkable for its + illustrations and reproductions of prints, documents, and maps. Edward + Channing’s <i>History of the United States,</i> of which four + volumes have appeared (1905-1917), is the latest, most readable, and + probably the best of these comprehensive histories. + </p> + <p> + Although it was subsequently published as Volume VI in a revised edition + of his <i>History of the United States + <span class="pagenum"><a name="Page_220" id="Page_220">220</a></span> + of America,</i> George Bancroft’s <i>History of the Formation of + the Constitution,</i> 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 <i>History + of the Constitution of the United States,</i> 2 vols. (1854), which also + subsequently appeared as Volume I of his <i>Constitutional History of the + United States,</i> is one of the standard works, but does not retain quite + the same hold that Bancroft’s volumes do. + </p> + <p> + Of the special works more nearly covering the same field as the present + volume, A. C. McLaughlin’s <i>The Confederation and the + Constitution</i> (1905), in the <i>American Nation,</i> is distinctly the + best. John Fiske’s <i>Critical Period of American History</i> + (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 <i>Rise of the + Republic of the United States</i> (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. + </p> + <p> + The treaty of peace opens up the whole field of diplomatic history, which + has a bibliography of its own. But E. S. Corwin’s <i>French Policy + and the American Alliance</i> (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 <i>Loyalists in the American + Revolution</i> (1902) remains the standard work on this subject, but + special studies are appearing from time to time which are changing our + point of view. + </p> + <p> + The following books on economic and industrial aspects are not for popular + reading, but are rather for + <span class="pagenum"><a name="Page_221" id="Page_221">221</a></span> + reference: E. R. Johnson <i>et al</i>., <i>History of the Domestic and + Foreign Commerce of the United States</i>, 2 vols. (1915); V. S. Clark, + <i>History of the Manufactures of the United States, 1607-1860</i> (1916). + G. S. Callender has written short introductions to the various + chapters of his <i>Selections from the Economic History of the United + States</i> (1909), which are brilliant interpretations of great value. + P. J. Treat’s <i>The National Land System, 1785-1820</i> (1910), + gives the most satisfactory account of the subject indicated by the title. + Of entirely different character is Theodore Roosevelt’s + <i>Winning of the West,</i> 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. + </p> + <p> + On the most important subject of all, the formation of the Constitution, + the material ordinarily wanted can be found in Max Farrand’s + <i>Records of the Federal Convention,</i> 3 vols. (1910), and the + author has summarized the results of his studies in <i>The Framing of + the Constitution</i> (1913). C. A. Beard’s <i>An Economic + Interpretation of the Constitution of the United States</i> (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 <i>Debates on the + Federal Constitution,</i> 5 vols. (1836-1845, subsequently reprinted + in many editions). + </p> + <p> + A few special works upon the adoption of the Constitution in the + individual States may be mentioned: + <span class="pagenum"><a name="Page_222" id="Page_222">222</a></span> + H. B. Grigsby’s <i>History of the Virginia Federal Convention of + 1788,</i> Virginia Historical Society Collections, N. S., IX + and X (1890-91); McMaster and Stone’s <i>Pennsylvania + and the Federal Constitution, 1787-88</i> (1888); S. B. Harding’s + <i>Contest over the Ratification of the Federal Constitution in the State + of Massachusetts</i> (1896); O. G. Libby’s <i>The Geographical + Distribution of the Vote of the Thirteen States on the Federal + Constitution, 1787-1788</i> (University of Wisconsin, <i>Bulletin, + Economics, Political Science, and History Series,</i> I, No. 1, 1894). + </p> + <p> + Contemporary differences of opinion upon the Constitution will be found in + P. L. Ford’s <i>Pamphlets on the Constitution,</i> etc. (1888). The + most valuable commentary on the Constitution, <i>The Federalist,</i> is to + be found in several editions of which the more recent are by E. H. Scott + (1895) and P. L. Ford (1898). + </p> + <p> + 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 <i>American Statesmen + Series,</i> from which the following might be selected: H. C. + Lodge’s <i>George Washington</i> (2 vols., 1889) and <i>Alexander + Hamilton</i> (1882); J. T. Morse’s <i>Benjamin Franklin</i> (1889), + <i>John Adams</i> (1885), and <i>Thomas Jefferson</i> (1883); Theodore + Roosevelt’s <i>Gouverneur Morris,</i> (1888). Other readable + volumes are P. L. Ford’s <i>The True George Washington</i> (1896) + and <i>The Many-sided Franklin</i> (1899); F. S. Oliver’s + <i>Alexander Hamilton, An Essay on American Union</i> (New ed. London, + 1907); W. G. Brown’s <i>Life of Oliver Ellsworth</i> (1905); A. + McL. Hamilton’s <i>The Intimate Life of Alexander Hamilton</i> + (1910); James Schouler’s <i>Thomas Jefferson</i> (1893); Gaillard + Hunt’s <i>Life of James Madison</i> (1902). + </p> + <p> + <span class="pagenum"><a name="Page_223" id="Page_223">223</a></span> + Of the collections of documents it may be worth while to notice: + <i>Documentary History of the Constitution of the United States,</i> + 5 vols. (1894-1905); B. P. Poore’s <i>Federal and State + Constitutions, Colonial Charters, etc.,</i> 2 vols. (1877); F. N. + Thorpe’s <i>The Federal and State Constitutions, Colonial Charters, + and other Organic Laws</i>, 7 vols. (1909); and the <i>Journals of the + Continental Congress</i> (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. + </p> + <p> + <br /> <br /> + </p> + <hr /> + + <div class="chapterhead"> + <br /><span class="pagenum"><a name="Page_225" id="Page_225">225</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents"> + NOTES ON THE PORTRAITS OF MEMBERS OF THE FEDERAL CONVENTION WHO SIGNED + THE CONSTITUTION</a> + </h2> + <h3> + By Victor Hugo Paltsis + </h3> + <p> + <span class="smcap">Forty</span> 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. + </p> + <p> + Considerable controversy has raged, on and off, but especially of late, in + regard to the painted and etched + <span class="pagenum"><a name="Page_226" id="Page_226">226</a></span> + 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 <i>American Art News</i>, March 3, 1917, p. 4. See + also Hart’s paper on bogus American portraits in <i>Annual + Report</i>, 1913, of the American Historical Association. To these + may be added some interesting facts which are not sufficiently known by + American students. + </p> + <p> + 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 coöperated 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 + <span class="pagenum"><a name="Page_227" id="Page_227">227</a></span> + 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. + </p> + <p> + 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 <i>suppose</i> it should + be, his production (while presenting a better appearance + <i>artistically</i>) might be very much less of a <i>likeness</i> 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.” + </p> + <p> + Other correspondence shows that Rosenthal received about twenty dollars + for each plate which he etched for the “Club.” + </p> + <p> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">1. <i>George Washington</i>,</span> + President (also delegate from Virginia), Emmet 9497, + inscribed “Joseph Wright Pinxit Phila. 1784. Albert Rosenthal + Phila. 1888. Aqua fortis.” + </p> + <p><br /></p> + <h3> + NEW HAMPSHIRE + </h3> + <p class="hanging"> + <span class="pagenum"><a name="Page_228" id="Page_228">228</a></span> + <span style="margin-left:-2em;">2. <i>John Langdon</i>,</span> + Emmet 9439, + inscribed “Etched by Albert Rosenthal Phila. + 1888 after Painting by Trumbull.” + </p> + <p style="margin-left:2em; text-indent:1em;"> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">3. <i>Nicholas Gilman</i>,</span> + 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. + </p> + <p><br /></p> + <h3> + MASSACHUSETTS + </h3> + <p class="hanging"> + <span style="margin-left:-2em;">4. <i>Nathaniel Gorham</i>,</span> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">5. <i>Rufus King</i>,</span> + 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. + </p> + <p><br /></p> + <h3>CONNECTICUT</h3> + <p class="hanging"> + <span class="pagenum"><a name="Page_229" id="Page_229">229</a></span> + <span style="margin-left:-2em;">6. <i>William Samuel Johnson</i>,</span> + 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, <i>Life of Stuart</i>, 208. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">7. <i>Roger Sherman</i>,</span> + 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. + </p> + <p><br /></p> + <h3> + NEW YORK + </h3> + <p class="hanging"> + <span style="margin-left:-2em;">8. <i>Alexander Hamilton</i>,</span> + 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. + </p> + <p><br /></p> + <h3> + NEW JERSEY + </h3> + <p class="hanging"> + <span style="margin-left:-2em;">9. <i>William Livingston</i>,</span> + 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. + </p> + <p class="hanging"> + <span class="pagenum"><a name="Page_230" id="Page_230">230</a></span> + <span style="margin-left:-2em;">10. <i>David Brearley</i>.</span> + There is no portrait. Emmet 9456 is a drawing of a + Brearley coat-of-arms taken from a book-plate. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">11. <i>William Paterson</i>, </span> + Emmet 9458, inscribed “Albert Rosenthal Phila. 1888.” + A painted portrait by an unknown artist was hung in Independence + Hall. The Emmet correspondence reveals nothing. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">12. <i>Jonathan Dayton</i>,</span> + 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. + </p> + <p><br /></p> + <h3> + PENNSYLVANIA + </h3> + <p class="hanging"> + <span style="margin-left:-2em;">13. <i>Benjamin Franklin</i>,</span> + Emmet 9463, inscribed “C. W. Peale Pinxit. Albert Rosenthal + Sc.” + </p> + <p class="hanging"> + <span style="margin-left:-2em;">14. <i>Thomas Mifflin</i>,</span> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">15. <i>Robert Morris</i>,</span> + 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, <i>Life of Stuart,</i> 225. + </p> + <p class="hanging"> + <span class="pagenum"><a name="Page_231" id="Page_231">231</a></span> + <span style="margin-left:-2em;"> 16. <i>George Clymer</i>, </span> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">17. <i>Thomas Fitzsimons</i>.</span> + There is no portrait and the Emmet correspondence + offers no information. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">18. <i>Jared Ingersoll</i>, </span> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">19. <i>James Wilson</i>,</span> + Emmet 9472, inscribed “Etched by Albert Rosenthal 1888.” + Seems to have been derived from a painting by Charles Willson Peale in + Independence Hall. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">20. <i>Gouverneur Morris</i>,</span> + 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. + </p> + <p><br /></p> + <h3> + DELAWARE + </h3> + <p class="hanging"> + <span style="margin-left:-2em;">21. <i>George Read</i>,</span> + 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. + </p> + <p class="hanging"> + <span class="pagenum"><a name="Page_232" id="Page_232">232</a></span> + <span style="margin-left:-2em;">22. <i>Gunning Bedford</i>, Jr., </span> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">23. <i>John Dickinson</i>,</span> + Emmet 9485, inscribed “Etched by Albert Rosenthal Phila. 1888 + after Painting by C. W. Peale.” The Peale painting is in + Independence Hall. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">24. <i>Richard Bassett</i>,</span> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">25. <i>Jacob Broom</i>.</span> + There is no portrait and no information in the Emmet + correspondence. + </p> + <p><br /></p> + <h3> + MARYLAND + </h3> + <p class="hanging"> + <span style="margin-left:-2em;">26. <i>James McHenry</i>,</span> + 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 + <span class="pagenum"><a name="Page_233" id="Page_233">233</a></span> + 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.” + </p> + <p class="hanging"> + <span style="margin-left:-2em;">27. <i>Daniel of St. Thomas Jenifer</i>,</span> + 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?” + </p> + <p class="hanging"> + <span style="margin-left:-2em;">28. <i>Daniel Carroll</i>,</span> + 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.” + </p> + <p><br /></p> + <h3> + VIRGINIA + </h3> + <p class="hanging"> + <span class="pagenum"><a name="Page_234" id="Page_234">234</a></span> + <span style="margin-left:-2em;">29. <i>John Blair</i>, </span> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">30. <i>James Madison</i>, Jr., </span> + Emmet 9502, inscribed “Etched by Albert Rosenthal Phila. 1888 + after Painting by G. Stuart.” Stuart painted several paintings + of Madison, as shown in Mason, <i>Life of Stuart</i>, pp. 218-9. Possibly + the Rosenthal etching was derived from the picture in the possession of + the Coles family of Philadelphia. + </p> + <p><br /></p> + <h3> + NORTH CAROLINA + </h3> + <p class="hanging"> + <span style="margin-left:-2em;">31. <i>William Blount</i>, </span> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">32. <i>Richard Dobbs Spaight</i>,</span> + 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 + <span class="pagenum"><a name="Page_235" id="Page_235">235</a></span> + 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.” + </p> + <p class="hanging"> + <span style="margin-left:-2em;"> 33. <i>Hugh Williamson</i>, </span> + 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. + </p> + <p><br /></p> + <h3> + SOUTH CAROLINA + </h3> + <p class="hanging"> + <span style="margin-left:-2em;">34. <i>John Rutledge</i>,</span> + 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. + </p> + <p class="hanging"> + <span class="pagenum"><a name="Page_236" id="Page_236">236</a></span> + <span style="margin-left:-2em;">35. <i>Charles Cotesworth Pinckney</i>, </span> + Emmet 9512, 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">36. <i>Charles Pinckney</i>,</span> + 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.” + </p> + <p class="hanging"> + <span style="margin-left:-2em;">37. <i>Pierce Butler</i>,</span> + 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 + <span class="pagenum"><a name="Page_237" id="Page_237">237</a></span> + 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.)” + </p> + <p><br /></p> + <h3> + GEORGIA + </h3> + <p class="hanging"> + <span class="pagenum"><a name="Page_238" id="Page_238">238</a></span> + <span style="margin-left:-2em;">38. <i>William Few</i>, </span> + Emmet 9518, inscribed “Etched by Albert Rosenthal Phila. + 1888.” He also painted a portrait “after John Ramage,” + for Independence Hall. They are identical. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">39. <i>Abraham Baldwin</i>,</span> + 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. + </p> + <p class="hanging"> + <span style="margin-left:-2em;">40. <i>William Jackson</i>, Secretary, + </span> + 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. + </p> + <p> + <br /><br /> + </p> + <hr /> + + <div class="chapterhead"> + <br /><span class="pagenum"><a name="Page_239" id="Page_239">239</a></span> + <br /><br /><br /> + </div> + <h2><a href="#Contents">INDEX</a></h2> + <h3>A</h3> + <div class="indexfont"> + Adams, John, + on American Peace Commission, + <a href="#Page_9">9</a> <i>et seq.</i>; + personal characteristics, <a href="#Page_10">10</a>; + negotiates commerical treaty with the Netherlands, + <a href="#Page_11">11</a>; + on fisheries question, + <a href="#Page_13">13</a>-<a href="#Page_14">14</a>; + on settlement of commercial indebtedness, + <a href="#Page_14">14</a>-<a href="#Page_15">15</a>; + on granting compensation to Loyalists, + <a href="#Page_20">20</a>; + complains of trade restriction for New England, + <a href="#Page_26">26</a>.<br /> + Adams, Samuel, and the Constitution, + <a href="#Page_151">151</a>, <a href="#Page_152">152</a>.<br /> + Albany Congress (1754), + <a href="#Page_49">49</a>, <a href="#Page_50">50</a>.<br /> + Annapolis Trade Convention (1786), + <a href="#Page_100">100</a>-<a href="#Page_106">106</a>.<br /> + Anti-Federalist party, + <a href="#Page_147">147</a>.<br /> + Articles of Confederation, + adoption (1777), + <a href="#Page_49">49</a>-<a href="#Page_50">50</a>; + ratification (1781), <a href="#Page_50">50</a>, + <a href="#Page_57">57</a>-<a href="#Page_59">59</a>; + based on Franklin’s plan of Union, + <a href="#Page_51">51</a>-<a href="#Page_52">52</a>; + provisions, + <a href="#Page_52">52</a>-<a href="#Page_54">54</a>, + <a href="#Page_67">67</a>-<a href="#Page_68">68</a>, + <a href="#Page_86">86</a>, <a href="#Page_100">100</a>; + questions of land ownership delay ratification, + <a href="#Page_56">56</a>-<a href="#Page_57">57</a>, + <a href="#Page_58">58</a>; + financial power of Congress under, + <a href="#Page_86">86</a>; + failure of Commercial amendment of 1784, + <a href="#Page_99">99</a>; + relation of Constitution, + <a href="#Page_125">125</a>, <a href="#Page_131">131</a>, + <a href="#Page_144">144</a>; + defects corrected in Constitution, + <a href="#Page_142">142</a>; + attempt at revision, + <a href="#Page_144">144</a>-<a href="#Page_145">145</a>; + text, + <a href="#Page_175">175</a>-<a href="#Page_189">189</a>.<br /> + Assenisipia, <a href="#Page_69">69</a>.<br /> + </div> + <h3>B</h3> + <div class="indexfont"> + Bancroft, George, + <i>History of the Formation of the Constitution</i>, + cited, <a href="#Page_103">103</a> + <a href="#footer_103-1">(note)</a>.<br /> + Biddle, Charles, + <i>Autobiography</i>, on the Constitution, + <a href="#Page_141">141</a>.<br /> + Bowdoin, James, Governor of Massachusetts, + and Shays’ Rebellion, + <a href="#Page_94">94</a>, <a href="#Page_95">95</a>.<br /> + Bryce, Lord, + cited, <a href="#Page_13">13</a> + <a href="#footer_13-1">(note)</a>.<br /> + </div> + <h3>C</h3> + <div class="indexfont"> + Cambridge (Mass.), + Shays’ Rebellion at, <a href="#Page_94">94</a>.<br /> + Canada, + Loyalists go to, <a href="#Page_19">19</a>; + Articles of Confederation on admitting, + <a href="#Page_67">67</a>.<br /> + Channing, Edward, <i>History of the United States</i>, + cited, <a href="#Page_21">21</a> + <a href="#footer_21-1">(note)</a>, + <a href="#Page_61">61</a> + <a href="#footer_61-1">(note)</a>.<br /> + Cherronesus, <a href="#Page_69">69</a>.<br /> + Combe, George, + <i>Tour of the United States</i>, quoted, <a href="#Page_45">45</a>.<br /> + Commerce, + before Revolution, <a href="#Page_24">24</a>; + conditions after Revolution, + <a href="#Page_24">24</a>-<a href="#Page_27">27</a>; + commercial treaties, <a href="#Page_26">26</a>; + development of trade with Far East, <a href="#Page_28">28</a>; + phases of United States foreign trade, + <a href="#Page_28">28</a>-<a href="#Page_29">29</a>; + domestic trade, + <a href="#Page_29">29</a>-<a href="#Page_30">30</a>; + policy of reprisal, + <a href="#Page_97">97</a>-<a href="#Page_99">99</a>.<br /> + Committees of Correspondence, <a href="#Page_49">49</a>.<br /> + <span class="pagenum"><a name="Page_240" id="Page_240">240</a></span> + Confederation, the, + <a href="#Page_35">35</a> <i>et seq.</i>, + <a href="#Page_108">108</a>; + <i>see also</i> Articles of Confederation.<br /> + Congress, Continental, + advises States to adopt governments, + <a href="#Page_38">38</a>; + prints constitutions, <a href="#Page_41">41</a>; + Declaration of Independence, + <a href="#Page_49">49</a>, <a href="#Page_63">63</a>, + <a href="#Page_143">143</a>-<a href="#Page_144">144</a>, + <a href="#Page_167">167</a>-<a href="#Page_174">174</a>; + Articles of Confederation, + <a href="#Page_49">49</a>-<a href="#Page_50">50</a>, + <a href="#Page_51">51</a>, + <i>see also</i> Articles of Confederation; + Franklin’s plan of union, + <a href="#Page_50">50</a>-<a href="#Page_51">51</a>; + composition, <a href="#Page_85">85</a>; + financial problems, + <a href="#Page_85">85</a>-<a href="#Page_86">86</a>.<br /> + Congress, Federal, + <a href="#Page_52">52</a>-<a href="#Page_53">53</a>; + powers and duties, + <a href="#Page_53">53</a>-<a href="#Page_54">54</a>; + and Northwest Territory, <a href="#Page_62">62</a>; + national system of coinage, + <a href="#Page_63">63</a>-<a href="#Page_64">64</a>; + Land Ordinance (1785), + <a href="#Page_64">64</a>-<a href="#Page_66">66</a>, + <a href="#Page_71">71</a>; + Jefferson’s Ordinance of 1784, + <a href="#Page_69">69</a>-<a href="#Page_71">71</a>, + <a href="#Page_75">75</a>; + Ordinance of 1787, + <a href="#Page_72">72</a>-<a href="#Page_80">80</a>, + <a href="#Page_190">190</a>-<a href="#Page_200">200</a>; + inefficiency, + <a href="#Page_81">81</a>-<a href="#Page_84">84</a>, + <a href="#Page_127">127</a>; + Revenue Amendment, <a href="#Page_87">87</a>; + financial crisis, + <a href="#Page_87">87</a>-<a href="#Page_88">88</a>; + commercial amendment of 1784, + <a href="#Page_98">98</a>-<a href="#Page_99">99</a>; + calls Federal Convention, <a href="#Page_106">106</a>; + reception of Constitution, + <a href="#Page_145">145</a>-<a href="#Page_146">146</a>; + votes that presidential electors be chosen (1788), + <a href="#Page_63">63</a>.<br /> + Congress, United States, + Constitutional powers and limitations, + <a href="#Page_127">127</a>-<a href="#Page_129">129</a>, + <a href="#Page_130">130</a>, <a href="#Page_131">131</a>, + <a href="#Page_136">136</a>; + objection to excessive power of, <a href="#Page_161">161</a>; + revenue act (1789), + <a href="#Page_159">159</a>.<br /> + Connecticut, + State government, <a href="#Page_44">44</a>; + ratification of Constitution, + <a href="#Page_149">149</a>-<a href="#Page_150">150</a>.<br /> + Constitution, + development of, + <a href="#Page_108">108</a> <i>et seq.</i>, + <a href="#Page_125">125</a> <i>et seq.</i>; + great compromise of, + <a href="#Page_121">121</a>-<a href="#Page_123">123</a>, + <a href="#Page_127">127</a>; + transmitted to Congress, + <a href="#Page_145">145</a>-<a href="#Page_146">146</a>; + contest over ratification, + <a href="#Page_146">146</a> <i>et seq.</i>; + framed by propertied interests, + <a href="#Page_162">162</a>-<a href="#Page_163">163</a>; + text, + <a href="#Page_201">201</a>-<a href="#Page_218">218</a>; + bibliography, + <a href="#Page_221">221</a>-<a href="#Page_222">222</a>.<br /> + Cook, Captain James, + <a href="#Page_28">28</a>.<br /> + Cornwallis, General Edward, surrender at Yorktown (1781), + <a href="#Page_5">5</a>.<br /> + Crevècœur, letter to Jefferson, + <a href="#Page_165">165</a>.<br /> + Cutler, Manasseh, + <a href="#Page_73">73</a>-<a href="#Page_74">74</a>.<br /> + </div> + <h3>D</h3> + <div class="indexfont"> + Day, Clive, <i>Encyclopedia of American Government</i>, + cited, <a href="#Page_26">26</a> + <a href="#footer_27-1">(note)</a>.<br /> + Declaration of Independence, + adopted, <a href="#Page_49">49</a>; + Jefferson drafts, <a href="#Page_63">63</a>; + charges against the King, + <a href="#Page_143">143</a>-<a href="#Page_144">144</a>; + text, + <a href="#Page_167">167</a>-<a href="#Page_174">174</a>.<br /> + Delaware, and western land policy, <a href="#Page_57">57</a>; + Annapolis Trade Convention, <a href="#Page_100">100</a>; + ratification of Constitution, <a href="#Page_149">149</a>.<br /> + Dickerson, Senator, of New Jersey, quoted, + <a href="#Page_78">78</a>.<br /> + Dickerson, John, + chairman of committee to prepare Articles of Confederation, + <a href="#Page_49">49</a>, <a href="#Page_51">51</a>, + <a href="#Page_114">114</a>; + against centralized government, <a href="#Page_114">114</a>; + District of Columbia, + fear of a fortified stronghold, <a href="#Page_161">161</a>.<br /> + Duer, Colonel William, <a href="#Page_74">74</a>.<br /> + Dunn, J. P., Jr., + <i>Indiana: A Redemption from Slavery</i>, quoted, + <a href="#Page_71">71</a>.<br /> + Dunning, W. A., + <i>The British Empire and the United States</i>, + cited, <a href="#Page_13">13</a> + <a href="#footer_13-1">(note)</a>.<br /> + </div> + <h3>E</h3> + <div class="indexfont"> + Elliot’s <i>Debates on the Federal Constitution</i>, + cited, <a href="#Page_160">160</a> + <a href="#footer_160-1">(note)</a>.<br /> + Ellsworth, Oliver, + delegate to the Federal Convention, + <a href="#Page_115">115</a>, <a href="#Page_124">124</a>; + on slavery, <a href="#Page_130">130</a>; + report on Rhode Island’s ratification of the Constitution, + <a href="#Page_159">159</a>.<br /> + England, <i>see</i> Great Britain. + Executive, <i>see</i> president. + </div> + <h3>F</h3> + <div class="indexfont"> + <span class="pagenum"><a name="Page_241" id="Page_241">241</a></span> + Federal Convention, + <a href="#Page_106">106</a>-<a href="#Page_107">107</a>, + <a href="#Page_107">108</a> <i>et seq.</i>; + <i>Records</i>, cited, <a href="#Page_30">30</a> + <a href="#footer_30-1">(note)</a>.<br /> + <i>Federalist, The,</i> <a href="#Page_157">157</a>.<br /> + Federalist party, <a href="#Page_147">147</a>.<br /> + Finance, + question of settlement of debts, + <a href="#Page_14">14</a>-<a href="#Page_15">15</a>, + <a href="#Page_147">147</a>-<a href="#Page_148">148</a>; + conditions of currency, + <a href="#Page_31">31</a>-<a href="#Page_32">32</a>; + national system of coinage, + <a href="#Page_63">63</a>-<a href="#Page_64">64</a>; + Revenue Amendment, <a href="#Page_87">87</a>; + financial crisis, + <a href="#Page_87">87</a>-<a href="#Page_88">88</a>; + revenue act (1789), <a href="#Page_159">159</a>.<br /> + Fish, C. R., <i>American Diplomacy</i>, quoted, + <a href="#Page_27">27</a>.<br /> + Fisheries, + <a href="#Page_13">13</a>-<a href="#Page_14">14</a>, + <a href="#Page_25">25</a>.<br /> + Fiske, John, <i>The Critical Period of American History</i>, + quoted, <a href="#Page_81">81</a>.<br /> + France, + attitude toward United States, + <a href="#Page_4">4</a>-<a href="#Page_5">5</a>; + relationship of United States with, + <a href="#Page_6">6</a>-<a href="#Page_8">8</a>; + treaty with United States (1778), <a href="#Page_7">7</a>; + excludes United States shipping, + <a href="#Page_26">26</a>-<a href="#Page_27">27</a>.<br /> + Franklin, Benjamin, + authorized to negotiate consular convention with France, + <a href="#Page_5">5</a>; + on Peace Commission, + <a href="#Page_8">8</a>-<a href="#Page_9">9</a>, + <a href="#Page_11">11</a>-<a href="#Page_12">12</a>, + <a href="#Page_21">21</a>; + personal characteristics, <a href="#Page_9">9</a>; + on settlement of debts, <a href="#Page_14">14</a>; + Albany plan, <a href="#Page_50">50</a>; + presents plan of Union to Continental Congress (1775), + <a href="#Page_50">50</a>-<a href="#Page_52">52</a>; + in Federal Convention, + <a href="#Page_113">113</a>, <a href="#Page_120">120</a>; + on the new republic, + <a href="#Page_134">134</a>-<a href="#Page_135">135</a>; + personal charge against, <a href="#Page_161">161</a>; + bibliography, <a href="#Page_222">222</a>.<br /> + French and Indian War, effect on settlement, + <a href="#Page_56">56</a>.<br /> + </div> + <h3>G</h3> + <div class="indexfont"> + Georgia, ratification of Constitution, + <a href="#Page_149">149</a>.<br /> + Germany, American missionary societies, <a href="#Page_3">3</a>.<br /> + Gerry, Elbridge, + <a href="#Page_115">115</a>, <a href="#Page_132">132</a>, + <a href="#Page_135">135</a>.<br /> + Gorham, Nathaniel, + <a href="#Page_113">113</a>-<a href="#Page_114">114</a>, + <a href="#Page_124">124</a>.<br /> + Grayson, William, of Virginia, <a href="#Page_64">64</a>; + quoted, <a href="#Page_76">76</a>-<a href="#Page_77">77</a>.<br /> + Great Britain, attitude toward former colonies, <a href="#Page_3">3</a>; + American missionary societies, <a href="#Page_3">3</a>; + admits independence of colonies, <a href="#Page_6">6</a>; + France and, <a href="#Page_7">7</a>; + Spain and, <a href="#Page_7">7</a>; + and United States boundary lines, + <a href="#Page_12">12</a>-<a href="#Page_13">13</a>; + and fisheries, + <a href="#Page_13">13</a>-<a href="#Page_14">14</a>; + relation to American trade, + <a href="#Page_24">24</a>-<a href="#Page_28">28</a>, + <a href="#Page_97">97</a>-<a href="#Page_98">98</a>; + compact theory of government in, <a href="#Page_39">39</a>; + military posts retained by, + <a href="#Page_84">84</a>-<a href="#Page_85">85</a>.<br /> + Grinsby, H. B., + quoted, <a href="#Page_15">15</a>-<a href="#Page_16">16</a>.<br /> + </div> + <h3>H</h3> + <div class="indexfont"> + Hamilton, Alexander, + at Annapolis Trade Convention, + <a href="#Page_104">104</a>, <a href="#Page_105">105</a>; + personal characteristics, + <a href="#Page_104">104</a>-<a href="#Page_105">105</a>; + at Federal Convention, + <a href="#Page_115">115</a>-<a href="#Page_116">116</a>, + <a href="#Page_120">120</a>; + on Committee to revise constitution, <a href="#Page_140">140</a>; + and <i>The Federalist</i>, + <a href="#Page_156">156</a>-<a href="#Page_157">157</a>; + influence in New York convention, <a href="#Page_157">157</a>; + bibliography, <a href="#Page_222">222</a>.<br /> + Hancock, John, + <a href="#Page_150">150</a>, + <a href="#Page_151">151</a>-<a href="#Page_152">152</a>.<br /> + Henry, Prince, of Prussia, + approached on subject of becoming king of United States, + <a href="#Page_134">134</a>.<br /> + Henry Patrick, + <a href="#Page_61">61</a>, <a href="#Page_63">63</a>, + <a href="#Page_155">155</a>.<br /> + Hopkinson, + letter to Jefferson, <a href="#Page_161">161</a>.<br /> + Hutchins, Thomas, + Geographer of the United States, <a href="#Page_64">64</a>.<br /> + </div> + <h3>I</h3> + <div class="indexfont"> + Illinoia, <a href="#Page_69">69</a>.<br /> + Illinois admitted as State (1818), + <a href="#Page_79">79</a>.<br /> + <i>Independent Gazetteer, The</i>, + <a href="#Page_156">156</a>.<br /> + Indian Queen Tavern, delegates to Federal Convention at, + <a href="#Page_109">109</a>.<br /> + <span class="pagenum"><a name="Page_242" id="Page_242">242</a></span> + Indiana admitted as a State (1816), + <a href="#Page_79">79</a>.<br /> + </div> + <h3>J</h3> + <div class="indexfont"> + Jameson, J. F., quoted, + <a href="#Page_59">59</a>-<a href="#Page_60">60</a>.<br /> + Jay, John, + on reciprocity of consular convention with France, + <a href="#Page_5">5</a>; + Peace Commissioner, + <a href="#Page_10">10</a>, <a href="#Page_11">11</a>; + personal characteristics, + <a href="#Page_10">10</a>-<a href="#Page_11">11</a>; + sent to Spain, <a href="#Page_11">11</a>; + on settlement of debts, <a href="#Page_15">15</a>; + on compensation to Loyalists, <a href="#Page_20">20</a>; + and <i>The Federalist</i>, + <a href="#Page_156">156</a>-<a href="#Page_157">157</a>.<br /> + Jefferson, Ferdinand, quoted, + <a href="#Page_174">174</a>.<br /> + Jefferson, Thomas, on Peace Commission, <a href="#Page_10">10</a>; + and land policy, + <a href="#Page_62">62</a>-<a href="#Page_64">64</a>; + life and characteristics, + <a href="#Page_62">62</a>-<a href="#Page_63">63</a>; + Ordinance of 1784, + <a href="#Page_67">67</a>, + <a href="#Page_69">69</a>-<a href="#Page_71">71</a>, + <a href="#Page_75">75</a>; + on value of Continental scrip, + <a href="#Page_88">88</a>-<a href="#Page_89">89</a>; + opinion of Federal Convention, + <a href="#Page_109">109</a>, <a href="#Page_116">116</a>; + spokesman for colonies, + <a href="#Page_143">143</a>; + on ratification of Constitution, + <a href="#Page_152">152</a>; + Hopkinson’s letter to, + <a href="#Page_161">161</a>; + Crèvocœur’s letter to, + <a href="#Page_165">165</a>; + bibliography, + <a href="#Page_222">222</a>.<br /> + Jefferson’s Ordinance of 1784, see Ordinance of 1784.<br /> + Jennifer, Daniel of St. Thomas, + <a href="#Page_153">153</a>-<a href="#Page_154">154</a>.<br /> + Johnson, Dr., W. S., + <a href="#Page_115">115</a>, + <a href="#Page_140">140</a>.<br /> + Judiciary, + <a href="#Page_131">131</a>-<a href="#Page_133">133</a>.<br /> + </div> + <h3>K</h3> + <div class="indexfont"> + Kames, Lord, Franklin corresponds with, + <a href="#Page_6">6</a>.<br /> + Kent, Chancellor, <a href="#Page_61">61</a>.<br /> + Kercheval, Samuel, <i>History of the Valley of Virginia</i>, quoted, + <a href="#Page_33">33</a>-<a href="#Page_34">34</a>.<br /> + King, Rufus, in Federal Convention, + <a href="#Page_113">113</a>, <a href="#Page_132">132</a>, + <a href="#Page_140">140</a>; + on three-fifths rule, <a href="#Page_122">122</a>; + on form of executive, <a href="#Page_134">134</a>.<br /> + Knox, Henry, <a href="#Page_61">61</a>.<br /> + </div> + <h3>L</h3> + <div class="indexfont"> + Lafayette, Marquis de, + Washington’s letter to, + <a href="#Page_164">164</a>-<a href="#Page_165">165</a>.<br /> + La Luzerne, Chevalier de, + French minister in Philadelphia, + <a href="#Page_7">7</a>.<br /> + Land, + question of ownership of western, + <a href="#Page_56">56</a>-<a href="#Page_57">57</a>; + cession to United States by States, + <a href="#Page_58">58</a>-<a href="#Page_59">59</a>; + American interest in, + <a href="#Page_59">59</a>-<a href="#Page_62">62</a>; + Jefferson and land policy, + <a href="#Page_62">62</a>-<a href="#Page_64">64</a>; + plan for sale under Ordinance of 1785, + <a href="#Page_65">65</a>-<a href="#Page_66">66</a>.<br /> + Land Ordinance of 1785, + <a href="#Page_64">64</a>-<a href="#Page_65">65</a>, + <a href="#Page_71">71</a>.<br /> + Lansing, John, <a href="#Page_116">116</a>.<br /> + Laurens, Henry, <a href="#Page_10">10</a>.<br /> + Lecky, W. E. H., <i>The American Revolution</i>, + cited, <a href="#Page_32">32</a> + <a href="#footer_32-1">(note)</a>.<br /> + Lincoln, General Benjamin, and Shays’ Rebellion, + <a href="#Page_94">94</a>; + letter to Washington, + <a href="#Page_152">152</a>-<a href="#Page_153">153</a>.<br /> + Lingelbach, W. E., cited, <a href="#Page_3">3</a> + <a href="#footer_3-1">(note)</a>.<br /> + Loyalists, + question of compensation of, + <a href="#Page_16">16</a>-<a href="#Page_17">17</a>, + <a href="#Page_19">19</a>-<a href="#Page_20">20</a>; + groups comprising, <a href="#Page_17">17</a>; + treatment of, + <a href="#Page_18">18</a>-<a href="#Page_19">19</a>; + Commissioners agree to restitution, + <a href="#Page_20">20</a>.<br /> + </div> + <h3>M</h3> + <div class="indexfont"> + McMaster, J. B., + <i>History of the People of the United States</i>, + quoted, <a href="#Page_31">31</a>; + <i>Acquisition of Industrial, Popular, and Political + Rights of Man in America</i>, quoted, + <a href="#Page_45">45</a>.<br /> + Madison, James, + describes trade situation, <a href="#Page_30">30</a>; + on violation of federal authority by Virginia, + <a href="#Page_100">100</a>-<a href="#Page_101">101</a>; + personal characteristics; + <a href="#Page_103">103</a>-<a href="#Page_104">104</a>; + and Annapolis Trade Convention, <a href="#Page_104">104</a>; + quoted, <a href="#Page_108">108</a>; + Washington, and, <a href="#Page_111">111</a>; + for strong central government, <a href="#Page_115">115</a>; + <span class="pagenum"><a name="Page_243" id="Page_243">243</a></span> + in Federal Convention, + <a href="#Page_111">111</a>, <a href="#Page_132">132</a>, + <a href="#Page_140">140</a>; + supports Constitution, <a href="#Page_155">155</a>; + and <i>The Federalist</i>, + <a href="#Page_156">156</a>-<a href="#Page_157">157</a>.<br /> + Martin, Luther, + <a href="#Page_116">116</a>, <a href="#Page_132">132</a>, + <a href="#Page_153">153</a>.<br /> + Maryland, + and land claims, + <a href="#Page_57">57</a>, <a href="#Page_58">58</a>; + suggestion as to power of Congress over western land, + <a href="#Page_68">68</a>; + agreement with Virginia, + <a href="#Page_100">100</a>, <a href="#Page_104">104</a>; + ratification of Constitution, + <a href="#Page_153">153</a>-<a href="#Page_154">154</a>.<br /> + Mason, George, + <a href="#Page_112">112</a>, <a href="#Page_132">132</a>, + <a href="#Page_155">155</a>.<br /> + Massachusetts, + State Constitution submitted to people for approval, + <a href="#Page_46">46</a>; + Shays’ Rebellion (1786), + <a href="#Page_91">91</a>-<a href="#Page_96">96</a>; + ratification of constitution, + <a href="#Page_150">150</a>-<a href="#Page_153">153</a>.<br /> + Mayflower Compact, <a href="#Page_140">140</a>.<br /> + Metropotamia, <a href="#Page_69">69</a>.<br /> + Michigania, <a href="#Page_69">69</a>.<br /> + Mississippi River, right of navigation declared, + <a href="#Page_14">14</a>.<br /> + Monroe, James, + invests in western land, <a href="#Page_61">61</a>; + Grayson writes to, <a href="#Page_76">76</a>.<br /> + Morris, Gouverneur, + invests in western land, <a href="#Page_61">61</a>; + quoted, + <a href="#Page_108">108</a>, <a href="#Page_140">140</a>; + in Federal Convention, + <a href="#Page_112">112</a>-<a href="#Page_113">113</a>, + <a href="#Page_132">132</a>, <a href="#Page_140">140</a>; + and Washington, <a href="#Page_113">113</a> + <a href="#footer_113-1">(note)</a>.<br /> + Morris, Robert, invests in western land, + <a href="#Page_61">61</a>.<br /> + </div> + <h3>N</h3> + <div class="indexfont"> + Navigation Acts, <a href="#Page_24">24</a>, + <a href="#Page_27">27</a>.<br /> + Netherlands, the, commerical treaty with, + <a href="#Page_11">11</a>.<br /> + New England, + prosperity due to commerce, <a href="#Page_24">24</a>; + effect of trade restrictions on, <a href="#Page_26">26</a>; + “plantation covenants”, <a href="#Page_40">40</a>; + system of land grant, <a href="#Page_65">65</a>; + interest in trade, <a href="#Page_97">97</a>; + favors navigation acts, <a href="#Page_129">129</a>.<br /> + New England Confederation (1643), + <a href="#Page_48">48</a>.<br /> + New Hampshire, + Vermont withdraws from New York and, + <a href="#Page_68">68</a>; + and Federal Convention, + <a href="#Page_106">106</a>-<a href="#Page_107">107</a>; + ratification of Constitution, + <a href="#Page_154">154</a>-<a href="#Page_155">155</a>, + <a href="#Page_157">157</a>.<br /> + New Jersey, ratification of Constitution, + <a href="#Page_149">149</a>.<br /> + New Jersey Plan, + <a href="#Page_118">118</a>, <a href="#Page_119">119</a>, + <a href="#Page_121">121</a>, + <a href="#Page_125">125</a>-<a href="#Page_126">126</a>.<br /> + New York cession of western land claims to United States, + <a href="#Page_58">58</a>, <a href="#Page_59">59</a>; + Vermont, withdraws from New Hampshire and, + <a href="#Page_68">68</a>; + refuses to accede to Revenue Amendment, + <a href="#Page_88">88</a>; + ratification of Constitution, + <a href="#Page_150">150</a>, + <a href="#Page_156">156</a>-<a href="#Page_158">158</a>.<br /> + New York City chosen as seat of government, + <a href="#Page_163">163</a>.<br /> + Newburg on the Hudson, mutinous Revolutionary soldiers at, + <a href="#Page_81">81</a>-<a href="#Page_82">82</a>.<br /> + Newfoundland, fisheries, <a href="#Page_13">13</a>.<br /> + North Carolina, ratification of constitution, + <a href="#Page_158">158</a>.<br /> + Northwest Ordinance, <a href="#Page_55">55</a> <i>et seq.</i>; + <i>see also</i> Land Ordinance of 1785, Ordinance of 1784, + Ordinance of 1787.<br /> + Northwest Territory, + settlement, + <a href="#Page_55">55</a>-<a href="#Page_56">56</a>; + States relinquish claims, + <a href="#Page_57">57</a>-<a href="#Page_59">59</a>; + question of land sale and government, + <a href="#Page_62">62</a> <i>et seq.</i><br /> + </div> + <h3>O</h3> + <div class="indexfont"> + Ohio admitted as State (1802), + <a href="#Page_78">78</a>.<br /> + Ohio Company of Associates, + <a href="#Page_72">72</a>.<br /> + Ordinance of 1784, + <a href="#Page_67">67</a>, + <a href="#Page_69">69</a>-<a href="#Page_71">71</a>, + <a href="#Page_75">75</a>.<br /> + Ordinance of 1785, see Land Ordinance of 1785.<br /> + Ordinance of 1787, + Congress adopts, <a href="#Page_72">72</a>; + stimulus from Ohio Company, + <a href="#Page_72">72</a>-<a href="#Page_74">74</a>; + authorship, 75; + provisions, + <a href="#Page_75">75</a>-<a href="#Page_77">77</a>; + successful operation, + <a href="#Page_77">77</a>-<a href="#Page_80">80</a>; + text, + <a href="#Page_190">190</a>-<a href="#Page_200">200</a>.<br /> + <span class="pagenum"><a name="Page_244" id="Page_244">244</a></span> + Oregon, question of military occupation (1825), + <a href="#Page_77">77</a>-<a href="#Page_78">78</a>.<br /> + Otto, Louis, French Chargé d’Affaires, + letter to Vergennes, + <a href="#Page_100">100</a>-<a href="#Page_103">103</a>.<br /> + </div> + + <h3>P</h3> + <div class="indexfont"> + Panic of 1785, <a href="#Page_30">30</a>-<a href="#Page_31">31</a>.<br /> + Patterson, William, + against plan of centralized government, + <a href="#Page_114">114</a>.<br /> + Pelisipia, <a href="#Page_69">69</a>.<br /> + Pennsylvania, + invited to form commercial policy with other States, + <a href="#Page_100">100</a>; + ratification of Constitution, + <a href="#Page_148">148</a>-<a href="#Page_149">149</a>.<br /> + Philadelphia, enthusiasm for Constitution in, + <a href="#Page_148">148</a>-<a href="#Page_149">149</a>.<br /> + Philadelphia Convention, <i>see</i> Federal Convention. <br /> + Pilgrim Fathers, <i>Mayflower</i> Compact, + <a href="#Page_40">40</a>.<br /> + Pinckney, Charles, + <a href="#Page_114">114</a>, <a href="#Page_126">126</a>.<br /> + Pinckney, General C. C, <a href="#Page_114">114</a>.<br /> + Political parties, + <a href="#Page_146">146</a>-<a href="#Page_147">147</a>; + <i>see also</i> names of parties.<br /> + Polypotamia, <a href="#Page_69">69</a>.<br /> + Pontiac’s Conspiracy, effect on settlement, + <a href="#Page_56">56</a>.<br /> + Potomac River, + agreement between Virginia and Maryland regarding, + <a href="#Page_100">100</a>.<br /> + President, creation of office, + <a href="#Page_133">133</a>-<a href="#Page_134">134</a>; + President modeled after State governorships, + <a href="#Page_134">134</a>; + election of, <a href="#Page_136">136</a>-<a href="#Page_137">137</a>; + third term, <a href="#Page_137">137</a>-<a href="#Page_138">138</a>; + powers, <a href="#Page_138">138</a>; + Washington chosen as first, + <a href="#Page_138">138</a>-<a href="#Page_139">139</a>.<br /> + Princeton, Congress flees to, <a href="#Page_84">84</a>.<br /> + Proclamation of 1763, + <a href="#Page_56">56</a>, <a href="#Page_57">57</a>.<br /> + </div> + <h3>R</h3> + <div class="indexfont"> + Randolph, Edmund, + <a href="#Page_112">112</a>, <a href="#Page_124">124</a>; + quoted <a href="#Page_134">134</a>.<br /> + Read, W. T., + <i>Life and Correspondence of George Read</i>, + quoted, <a href="#Page_113">113</a> + <a href="#footer_113-1">(note)</a>.<br /> + “Revolution of 1789,” <a href="#Page_144">144</a>.<br /> + Revolutionary War, + effect on American people, <a href="#Page_22">22</a>; + economic conditions after, + <a href="#Page_23">23</a> <i>et seq</i>.<br /> + Rhode Island, State government, <a href="#Page_44">44</a>; + and question of western land ownership, <a href="#Page_57">57</a>; + rejects tariff provision (1782), <a href="#Page_86">86</a>; + currency trouble (1786), + <a href="#Page_89">89</a>-<a href="#Page_90">90</a>; + attitude toward Shays’ Rebellion, <a href="#Page_95">95</a>; + recognition of bad trade conditions, <a href="#Page_96">96</a>; + and Federal Convention, <a href="#Page_106">106</a>; + ratification of Constitution, + <a href="#Page_158">158</a>, <a href="#Page_159">159</a>.<br /> + Roads, see Transportation.<br /> + Rousseau, J. J., + <i>Contrat Social</i>, + <a href="#Page_39">39</a>-<a href="#Page_40">40</a>.<br /> + Russia, trade with, <a href="#Page_28">28</a>.<br /> + Rutledge, John, + <a href="#Page_114">114</a>, <a href="#Page_124">124</a>, + <a href="#Page_125">125</a>.<br /> + </div> + <h3>S</h3> + <div class="indexfont"> + St. Clair, General Arthur, + Cutler endorses for governorship of New York, + <a href="#Page_74">74</a>.<br /> + Saratoga, <a href="#Page_69">69</a>.<br /> + Scioto Associates, <a href="#Page_74">74</a>.<br /> + Shays, Daniel, <a href="#Page_94">94</a>.<br /> + Shays’ Rebellion (1786), + <a href="#Page_91">91</a>-<a href="#Page_96">96</a>.<br /> + Sherman, Roger, <a href="#Page_115">115</a>.<br /> + Slavery, Ordinance of 1784 on, <a href="#Page_70">70</a>; + Ordinance of 1787 on, + <a href="#Page_76">76</a>-<a href="#Page_77">77</a>; + counting of slaves in enumerating population, + <a href="#Page_121">121</a>-<a href="#Page_122">122</a>; + attitude of Federal Convention delegates toward, + <a href="#Page_130">130</a>.<br /> + Slave trade, compromise concerning, + <a href="#Page_129">129</a>-<a href="#Page_130">130</a>.<br /> + South, system of land grant, <a href="#Page_65">65</a>; + need for slaves, <a href="#Page_129">129</a>.<br /> + South Carolina, + class control in, <a href="#Page_45">45</a>; + ratification of constitution, <a href="#Page_154">154</a>.<br /> + Spain, + <span class="pagenum"><a name="Page_245" id="Page_245">245</a></span> + France and, + <a href="#Page_7">7</a>-<a href="#Page_8">8</a>; + and United States, <a href="#Page_8">8</a>; + possessions in America, <a href="#Page_8">8</a>; + Jay sent to, <a href="#Page_11">11</a>; + excludes United States shipping, <a href="#Page_26">26</a>.<br /> + Stamp Act Congress (1765), <a href="#Page_49">49</a>.<br /> + Stark, J. H., quoted, + <a href="#Page_18">18</a>-<a href="#Page_19">19</a>. <br /> + State governments, + establishment of, <a href="#Page_38">38</a>; + constitutions, + <a href="#Page_41">41</a>-<a href="#Page_43">43</a>; + identical with colonial, <a href="#Page_44">44</a>; + aristocratic tendencies, + <a href="#Page_44">44</a>-<a href="#Page_45">45</a>, + <a href="#Page_47">47</a>-<a href="#Page_48">48</a>; + democratic tendencies, + <a href="#Page_46">46</a>-<a href="#Page_47">47</a>, + <a href="#Page_48">48</a>.<br /> + Steiner, B. C., + <i>Connecticut’s Ratification of the State Constitution</i>, + quoted, + <a href="#Page_159">159</a>-<a href="#Page_160">160</a>.<br /> + Suffrage, + <a href="#Page_36">36</a>-<a href="#Page_37">37</a>, + <a href="#Page_45">45</a>.<br /> + Supreme Court established, <a href="#Page_131">131</a>; + <i>see also</i> Judiciary.<br /> + Sylvania, <a href="#Page_69">69</a>.<br /> + </div> + <h3>T</h3> + <div class="indexfont"> + Thieriot, Saxon Commissioner of Commerce to America, + quoted, <a href="#Page_3">3</a>, + <a href="#Page_4">4</a>-<a href="#Page_5">5</a>.<br /> + Tory party, <a href="#Page_146">146</a>.<br /> + Transportation, 29-30; <i>see also</i>, Commerce.<br /> + Treaty of Peace (1783), + <a href="#Page_1">1</a> <i>et seq.</i>; + ratified, <a href="#Page_21">21</a>; + determines boundaries, + <a href="#Page_12">12</a>-<a href="#Page_13">13</a>, + <a href="#Page_56">56</a>; + bibliography of diplomatic history connected with, + <a href="#Page_56">56</a>.<br /> + Trevett <i>vs.</i> Weeden (1786), + <a href="#Page_90">90</a>-<a href="#Page_91">91</a>.<br /> + Tuckerman, Henry, + <i>America and her Commentators</i>, + cited, <a href="#Page_33">33</a> + <a href="#footer_33-1">(note)</a>.<br /> + </div> + <h3>U</h3> + <div class="indexfont"> + United Empire Loyalists, <a href="#Page_19">19</a>.<br /> + United States, named, <a href="#Page_1">1</a>; + status as new republic, + <a href="#Page_1">1</a>-<a href="#Page_5">5</a>; + population, + <a href="#Page_2">2</a>-<a href="#Page_3">3</a>, + <a href="#Page_35">35</a>, + <a href="#Page_55">55</a>-<a href="#Page_56">56</a>; + boundaries, + <a href="#Page_12">12</a>-<a href="#Page_13">13</a>, + <a href="#Page_56">56</a>; + economic conditions after Revolution, + <a href="#Page_23">23</a> <i>et seq.</i>; + commercial treaties, <a href="#Page_26">26</a>; + aristocratic control in, + <a href="#Page_36">36</a>, + <a href="#Page_44">44</a>-<a href="#Page_45">45</a>; + suffrage after the Revolution, + <a href="#Page_36">36</a>-<a href="#Page_37">37</a>; + political genius in, + <a href="#Page_37">37</a>-<a href="#Page_38">38</a>; + <i>see also</i> names of States, States governments.<br /> + </div> + <h3>V</h3> + <div class="indexfont"> + Vergennes, Comte de, + French Minister, Franklin and, <a href="#Page_21">21</a>; + Otto’s letter to, + <a href="#Page_101">101</a>-<a href="#Page_103">103</a>.<br /> + Vermont, + withdraws from New York and New Hampshire, + <a href="#Page_68">68</a>; + attitude in Shays’ Rebellion, + <a href="#Page_95">95</a>.<br /> + Vincennes, effect of Ordinance of 1784 on, + <a href="#Page_71">71</a>.<br /> + Virginia, + abolishes primogeniture, + <a href="#Page_46">46</a>; + cession of western claims to United States, + <a href="#Page_58">58</a>, <a href="#Page_59">59</a>, + <a href="#Page_62">62</a>; + agreement with Maryland, <a href="#Page_100">100</a>; + Annapolis Trade Convention, + <a href="#Page_100">100</a>-<a href="#Page_101">101</a>, + <a href="#Page_103">103</a>-<a href="#Page_104">104</a>; + ratification of Constitution, <a href="#Page_150">150</a>, + <a href="#Page_155">155</a>-<a href="#Page_156">156</a>, + <a href="#Page_157">157</a>.<br /> + Virginia Resolutions, <i>see</i> Virginia Plan.<br /> + </div> + <h3>W</h3> + <div class="indexfont"> + Warden, John, Gringsby’s story of, + <a href="#Page_15">15</a>-<a href="#Page_16">16</a>.<br /> + Warville, Brissot de, quoted, + <a href="#Page_32">32</a>-<a href="#Page_33">33</a>.<br /> + Washington, George, + invests in western land, <a href="#Page_61">61</a>; + influence over disaffected soldiers, + <a href="#Page_82">82</a>-<a href="#Page_83">83</a>; + in Federal Convention, + <a href="#Page_110">110</a>-<a href="#Page_111">111</a>; + and Madison, <a href="#Page_111">111</a>; + and Morris, <a href="#Page_113">113</a>; + chosen as President, <a href="#Page_139">139</a>; + Lincoln’s letter to, + <a href="#Page_152">152</a>-<a href="#Page_153">153</a>; + <span class="pagenum"><a name="Page_246" id="Page_246">246</a></span> + supports Constitution, <a href="#Page_155">155</a>; + personal charge against, <a href="#Page_161">161</a>; + letter to Lafayette, + <a href="#Page_164">164</a>-<a href="#Page_165">165</a>; + inauguration, <a href="#Page_166">166</a>.<br /> + Washington, name given division of Northwest Territory, + <a href="#Page_69">69</a>.<br /> + Webster, Daniel, on Ordinance of 1787, + <a href="#Page_79">79</a>-<a href="#Page_80">80</a>.<br /> + West Indies, trade, with, + <a href="#Page_23">23</a>, <a href="#Page_27">27</a>, + <a href="#Page_97">97</a>.<br /> + Whig Party, + <a href="#Page_146">146</a>-<a href="#Page_147">147</a>.<br /> + Wilson, James, + <a href="#Page_61">61</a>, <a href="#Page_108">108</a>, + <a href="#Page_112">112</a>, <a href="#Page_115">115</a>, + <a href="#Page_124">124</a>, <a href="#Page_132">132</a>.<br /> + Wythe, George, + <a href="#Page_63">63</a>, <a href="#Page_112">112</a>.<br /> + </div> + + <h3>Y</h3> + <div class="indexfont"> + Yates, Robert, <a href="#Page_115">115</a>.<br /> + </div> + + <hr class="main" /> + <div class="chapterhead"> + <br /><br /><br /><br /> + </div> + <h2><a href="#Contents">The Chronicles of America Series</a></h2> + <ol> + <li>The Red Man's Continent<br /> by Ellsworth Huntington</li> + <li>The Spanish Conquerors<br /> by Irving Berdine Richman</li> + <li>Elizabethan Sea-Dogs<br /> by William Charles Henry Wood</li> + <li>The Crusaders of New France<br /> by William Bennett Munro</li> + <li>Pioneers of the Old South<br /> by Mary Johnson</li> + <li>The Fathers of New England<br /> by Charles McLean Andrews</li> + <li>Dutch and English on the Hudson<br /> by Maud Wilder Goodwin</li> + <li>The Quaker Colonies<br /> by Sydney George Fisher</li> + <li>Colonial Folkways<br /> by Charles McLean Andrews</li> + <li>The Conquest of New France<br /> by George McKinnon Wrong</li> + <li>The Eve of the Revolution<br /> by Carl Lotus Becker</li> + <li>Washington and His Comrades in Arms<br /> by George McKinnon Wrong</li> + <li>The Fathers of the Constitution<br /> by Max Farrand</li> + <li>Washington and His Colleagues<br /> by Henry Jones Ford</li> + <li>Jefferson and his Colleagues<br /> by Allen Johnson</li> + <li>John Marshall and the Constitution<br /> by Edward Samuel Corwin</li> + <li>The Fight for a Free Sea<br /> by Ralph Delahaye Paine</li> + <li>Pioneers of the Old Southwest<br /> by Constance Lindsay Skinner</li> + <li>The Old Northwest<br /> by Frederic Austin Ogg</li> + <li>The Reign of Andrew Jackson<br /> by Frederic Austin Ogg</li> + <li>The Paths of Inland Commerce<br /> by Archer Butler Hulbert</li> + <li>Adventurers of Oregon<br /> by Constance Lindsay Skinner</li> + <li>The Spanish Borderlands<br /> by Herbert E. Bolton</li> + <li>Texas and the Mexican War<br /> by Nathaniel Wright Stephenson</li> + <li>The Forty-Niners<br /> by Stewart Edward White</li> + <li>The Passing of the Frontier<br /> by Emerson Hough</li> + <li>The Cotton Kingdom<br /> by William E. Dodd</li> + <li>The Anti-Slavery Crusade<br /> by Jesse Macy</li> + <li>Abraham Lincoln and the Union<br /> by Nathaniel Wright Stephenson</li> + <li>The Day of the Confederacy<br /> by Nathaniel Wright Stephenson</li> + <li>Captains of the Civil War<br /> by William Charles Henry Wood</li> + <li>The Sequel of Appomattox<br /> by Walter Lynwood Fleming</li> + <li>The American Spirit in Education<br /> by Edwin E. Slosson</li> + <li>The American Spirit in Literature<br /> by Bliss Perry</li> + <li>Our Foreigners<br /> by Samuel Peter Orth</li> + <li>The Old Merchant Marine<br /> by Ralph Delahaye Paine</li> + <li>The Age of Invention<br /> by Holland Thompson</li> + <li>The Railroad Builders<br /> by John Moody</li> + <li>The Age of Big Business<br /> by Burton Jesse Hendrick</li> + <li>The Armies of Labor<br /> by Samuel Peter Orth</li> + <li>The Masters of Capital<br /> by John Moody</li> + <li>The New South<br /> by Holland Thompson</li> + <li>The Boss and the Machine<br /> by Samuel Peter Orth</li> + <li>The Cleveland Era<br /> by Henry Jones Ford</li> + <li>The Agrarian Crusade<br /> by Solon Justus Buck</li> + <li>The Path of Empire<br /> by Carl Russell Fish</li> + <li>Theodore Roosevelt and His Times<br /> by Harold Howland</li> + <li>Woodrow Wilson and the World War<br /> by Charles Seymour</li> + <li>The Canadian Dominion<br /> by Oscar D. Skelton</li> + <li>The Hispanic Nations of the New World<br /> by William R. Shepherd</li> + </ol> + + + + + + + + <hr class="main" /> + <div class="chapterhead"> + <br /> + <br /><br /><br /> + </div> + <h2><a href="#Contents">Transcriber's Note</a></h2> + <p class="letter1"> + This e-book was transcribed from the <i>Abraham Lincoln Edition</i> of + <i>The Fathers of the Constitution</i> by Max Farrand. <br /> + <br /> + The Table of Contents in the book did not break down the 4 great American + source documents in the Appendix—but users of the e-book can + navigate directly to one of these four documents from the Contents. + The documents were produced as typed in the paper book, with the + exception of the signers of the document. The book had two signatures + per line; we used one signature per line to allow for better formatting + across e-book presentations. We transcribed the left column first, from + top to bottom, and then the right column in the same manner. 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