-

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.

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, 188 - By Wilson and Lang-

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

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-Qb-

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.

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.

-

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-