mittee, 72-Approved by all except South Carolina and Georgia, 73 - Yates

and Lansing desert their post, 74 - The southern states have a majority in the

convention, 75 - Abolition of slavery in the North, 76 - Movement against the

slave-trade, 77-Two classes of slave states, 78 - Jealousy of the speedy

preponderance of western states, 79- The equal rights of the western states

maintained, 80-Strife on the representation for slaves, 81 - A triple set of

parties prevent a decision, 82-Rash proposal of Morris, 83 - Taxation and

representation, 83-Slaves to be counted as three fifths in representation, 84

- Morris fears injury to commerce from the influence of western states, 85-

Representation in the second branch proportioned to numbers, 86 - Effect of

the decision on the political power of the South, 87 - The senate to vote by

states, 88.

CHAPTER V.

THE OUTLINE OF THE CONSTITUTION COMPLETED AND REFERRED.

The distribution of powers between the general government and the states,

89-Relation of federal legislation to that of the states, 90 - Property quali-

fication as a condition of holding office, 91-Qualification of the electors left

to the states, 92 - Extent of the jurisdiction of federal tribunals, 93-How

the new constitution was to be ratified, 94- Committee of five ordered to re-

port the resolutions of the convention in the form of a constitution, 95

Character of Rutledge, 95 - Industry of the committee, 96 - Anxiety of the

country, 97.

CHAPTER VI.

THE COLONIAL SYSTEM OF THE UNITED STATES.

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The ordinance of 1787, 98-Treaty with the Shawnees, 98- Monroe's jour-

ney to the West, 99- Report of a grand committee on the western territory,

99-Monroe's plan for a northwestern ordinance, 100 - Monroe and restric-

tions on slavery, 101 - Certain waters and carrying places declared free, 101 -

The Connecticut reserve, 101 The proposed five states in the northwest, 102

-Jealousy of the western states, 103, 104 - Kaskaskias, 103 - Urgent need

of a territorial government, 104 - Progress of the bill, 105- Rufus Putnam's

plan for colonizing the West, 105 - His appeal to Washington, 106 - Parsons

visits the West, 106 - Congress quiets the Indian title to a great part of Ohio,

107-Formation of the Ohio company, 108 - Parsons presents its memorial to

congress, 109-Effect of the memorial, 110-Power of the South, 110-

Cutler before congress, 110 - Carrington's report, 111 - Richard Henry Lee

on a new committee of seven, 112 - Ordinance for governing the territory of

the United States, 112-Its clauses, 112 - Clause on contracts, 113 - Grayson

and slavery, 114-Nathan Dane and King, 115 - History of the clause against

slavery, 116- Virginia accepts the ordinance with its exclusion of slavery, 117

-The rights of the free negro in New York and Virginia, 118.

CHAPTER VII.

THE CONSTITUTION IN DETAIL. THE POWERS OF CONGRESS. August, 1787.
Report of the committee of detail, 119 - The constitution a government by

the people, 119 - Membership of a colony defined, 120 - Who are the people

of the United States, 121 - The new government a unity in plurality, 121 —

The tripartite division of powers, 121 - Election of the members of congress,

122-Continuous succession of the government provided for, 122-The new

government to be supported from the common treasury, 122-Number of

representatives, 123 Qualifications of membership, 123 - Discrimination

against the foreign-born, 124 - Property qualification rejected, 125 - The

quorum, 125- Qualifications of electors, 126 - To be established by each

state for itself, 128 - Relation of the slave-trade to representation, 128-Of

slavery, 129- Why slaves should not be represented, 130 The question

adjourned, 132 - Powers granted to the new government, 132 - Power to emit

paper money objected to by Hamilton, 132 - By Gouverneur Morris, 132-By

Mason, Gorham, Mercer, Ellsworth, and Randolph, 183 - By Wilson and Lang-

don, 134-Madison's vote decides that the power shall not be granted, 184-

How friends of paper money stand in history, 135 - Power of the states to emit

paper money, 136 - The power absolutely prohibited, 137-Power left to the

states to interfere with contracts, 138 - But not to interfere ex post facto, 138

-The term ex post facto defined, 139 - Power of the congress to encourage

manufactures by impost duties, 139 - Shall states or the United States encour-

age manufactures, 140-Power confined to the United States, 141 - States not

to treat with foreign powers or other states, 141 - Slaves and representation, 142

- Who are citizens, 143 - Fugitives from justice, 143 - Fugitive slaves, 144.

CHAPTER VIII.

THE POWERS OF CONGRESS, CONTINUED. August, 1787.

The assumption of the state debts, 145 - Jurisdiction over crimes, 145-

Power to subdue a rebellion, 146 - Power of declaring war, 146 - General pro-

positions of Madison, 146 - The army, navy, and militia, 147 - Clause on the

militia, 148-Compromise on the appointment of militia officers, 149-Power

to execute the powers granted, 149 - Treason, 149-State laws cannot shield

the traitor, 150-Commerce and the slave-trade, 151 - Exports exempted from

taxation, 152-Debate on continuing the slave-trade, 152 - South Carolina and

Georgia threaten to secede, 155 - Dickinson hints at a compromise, 156

North Carolina will join South Carolina and Georgia on the question, 156 - The

question committed, 157 - The questions of the slave-trade and of a navigation

act committed, 157 - The compromise of the committee, 158 - Final shape of

the compromise, 159 - Slave-trade abolished after twenty years, 159 - Doom

of slave-holding, 160 - Why the British failed in retaining the South, 160-

How slaves may emerge into the human character, 161 - Grant of power to
regulate commerce, 162 - The admission of new states within the limits of the

United States, 162-The admission of new states from abroad permitted, 163

-Special provision for the admission of Vermont, 163 - Powers of congress

over the territory and other property of the United States, 164-Limit on the

taxation of slaves, 164.

CHAPTER IX.

THE PRESIDENT. July-September, 1787.

The choice of the president a difficult problem, 165 - How shall he be

chosen, 166-Shall he be re-eligible, 166 - The tenure of good behavior con-

sidered, 167- Question between the tenure of good behavior or the tenure for

seven years with perpetual re-eligibility, 168-Choice by the national legisla-

ture and re-eligibility incompatible, 168 - The choice of the president by the

aggregate people rejected, 169 - The choice by an electoral college, 169 - Ob-

jections started against it, 170-A triple executive proposed, 170 - Relation

of re-eligibility of the executive to the length of the period of office, 171-

Madison proposes the election by the people at large, 171-Jealousy of the

smaller states, 171 -Proposal that each person should vote for two candidates,

the highest to prevail, 172-Different plans proposed, 172 - The convention

votes for a single executive, to be chosen by the legislature for seven years,

and to be ineligible, 173 - The decision not accepted as final, 173 - Report of

the committee of detail, 173 - Antagonism of the smaller and the large states,

174-The choice of the president by the vote of the states negatived, 175 —

Subject referred to a committee of eleven, 176 - Opinions of Gouverneur Mor-

ris, 176-Of Sherman, 177 - Report of the committee, 177 - The president to

be voted for in the electoral colleges of the states, 178 - And the vote to be

counted by the senate, 178 - The plan of leaving so much power to the senate

objected to, 179 - Continued debate, 180 - Speech of Wilson, 181 - Of Hamil-

ton, 182-How the votes were to be counted, 182 - The mode of counting in

Massachusetts preferred to that of Virginia, 183 - A summary statement of the

matter, 184-Election of the vice-president, 186. Title of the president, 187

-The veto power, 187-Power of pardon, 188 -The president commander-
in-chief, 188- Restraints proposed on the executive power, 188 - A privy

council proposed, 189 - The plan for a council rejected, 190 - Relation of the

president and the senate, 190-Power of war and peace, 191 - Over inter-

course with foreign states, 191 - Power of appointment, 191 - Power of

removing, 192 - Qualifications of the president, 192 - Impeachment of the

president, 193-State of the president while on trial, 194- Judgment in case

of impeachment, 194.

CHAPTER X.

THE FEDERAL JUDICIARY. August-September, 1787.

Report on the federal judiciary, 195 - The judiciary and the veto power, 196

- Proposals of Pinckney, 196-Organization of federal courts, 197-Judges

not removable by address, 197 - Extent of the judicial power, 198- The

judiciary and unconstitutional laws, 198 - Senate to try impeachments, 199-

To cases beginning and ending in a state, 199 - The original jurisdiction of the

supreme court, 199 - Its appellate powers, 200- Method of choosing it, 201

-The supreme court and legislative encroachments, 201 - Protection against

erroneous judgments, 201 - By the court, 202-By congress, 203 - By the

good sense of the land, 203 - Methods of consolidating the union, 203 - Of

bankruptcies, 204 - Of money bills, 204 - Number of the house of representa-

tives, 204-How the constitution was to be ratified, 205
Randolph and

Franklin for another federal convention, 206.

CHAPTER XI.

THE LAST DAYS OF THE CONVENTION.

12-17 September, 1787.

Final draft of the constitution, 207 - The constitution the institution of a

government by the people, 208 - Why the names of the thirteen states were

left out of the first clause, 208 - Federal and national, 208-The veto of the

president, 209- Of juries, 209-Motion for a bill of rights defeated, 210-

No title for the president, 210- Of encouraging American manufactures, 210

- Servitude and service, 211 - How to introduce the constitution, 211 - The

keeper of the purse, 211-Power to cut canals negatived, 212 - Of a univer-

sity, 212-No state to trespass on the rights of another state, 213-The

obligation of contracts, 214 - The distribution of representation, 214 - Slavery

not recognised as a legal condition, 215 - Modes of amending the constitution,

216-Mason dreads navigation acts, 217- Indecision of Randolph, 217-

Firmness of Pinckney, 218 - The constitution ordered to be engrossed, 218

Washington's remark to members of the convention, 219 - Speech of Franklin,

219-An amendment adopted at the wish of Washington, 220-Appeals of

Morris and Hamilton to every one to sign the constitution, 220 - Three refuse,

221-The constitution signed by every state, 221 - Prophecy of Franklin, 221

-The meditations of Washington, 222.

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BOOK IV.

THE PEOPLE OF THE STATES IN JUDGMENT ON THE

CONSTITUTION. 1787-1788.

CHAPTER I.

THE CONSTITUTION IN CONGRESS AND IN VIRGINIA. September-November, 1787.
The constitution received in congress, 225 - Opposed in congress, 226-
Amendments desired by Lee, 227 - Is supported by New York, 228 - Proposi-

tions of New Jersey, 228 - Congress against Lee, 229 - A compromise agreed

upon, 229-Perseverance of Lee, 230 - Efforts of Washington in Virginia,

231-Opponents of the constitution in Virginia, 232 - Washington wins over

Randolph, 233 - Monroe writes in favor of adopting the constitution, 234-

The legislature of Virginia, 234 - The constitution referred to a state conven-

tion, 234-But amendments may be proposed in the state convention, 235

Plan for a second federal convention, 236 - A letter from Washington, 237.

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CHAPTER II.

THE CONSTITUTION IN PENNSYLVANIA, DELAWARE, AND NEW JERSEY, AND IN

GEORGIA. From 18 September, 1787, to 2 January, 1788.

Pennsylvania, 238 - Franklin presents the constitution to its legislature, 239

- Long debates upon it, 240 - Reception of the resolution of congress, 240 -

A convention called, 241 - Lee and Wilson in Pennsylvania, 241 - Prompt

meeting of the Pennsylvania convention, 242 - Speech of Wilson in favor of

the constitution, 242 - Opposed by Smilie, 245 - And by Whitehill, 246 - On

the want of a bill of rights, 247-Speech of Findley, 248 - The constitution in

the Delaware legislature, 249 - The Delaware convention ratifies the constitu-

tion, 250-Pennsylvania ratifies the constitution, 251 - Act of the legislature

of New Jersey, 252 - The New Jersey convention ratifies the constitution, 253

-The legislature of Georgia, 253 - Georgia unanimously ratifies the constitu-

tion, 254.

CHAPTER III.

THE CONSTITUTION IN CONNECTICUT AND MASSACHUSETTS.

Letter of Sherman and Ellsworth to the governor of Connecticut, 255 - The

Connecticut convention, 256 - Speeches of Ellsworth and Johnson, 256-

James Wadsworth and answers to him, 257 - Wise conduct of Hancock, 258

- Massachusetts calls a convention, 258 - Condition of the state, 259 - The

elections, 260 - Samuel Adams, 260 - Opening of the convention, 261 -

Elbridge Gerry, 261 - Conduct of Samuel Adams, 262 - Objections to the

constitution, 262 - Property qualifications, 263 - Representation of slaves,

263-On a religious test, 263 - Period of office for senators, 264 - King

explains the constitution, 264-Dawes argues for protective duties, 264 - The

convention wavering, 265 - Washington on a second convention, 266 - Rally

of the friends of the constitution, 266 - Objections made and answered, 267-

The slave-trade, 268 - Hancock proposes resolutions, 269 - Supported by

Samuel Adams, 269 - Amendments referred to a committee, 270 - The com-

mittee report its approval of the constitution, 271 - Objections on the score

of the slave-trade, 271 - And for the want of a bill of rights, 272 - Stillman

speaks for the constitution, 272-In what words Hancock proposed the ques-