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00 40
BY
FRANCIS
NEWTON THORPE
AUTHOR ov
CHAUTAUQUA PRESS
C. L- S. C.
liKW YORK
1891
ta9i
re.
The
of Six.
recommended by a Council
must, however, be understood that recommendation does not involve an approval by the Council, or by any member of it, of every principle or doctrine contained in tlie book recommended.
IIuntA
The
affairs.
Constitution
to
Is
intended
to
and consequently
of the Constitution,
and
all
means which
are plainly adapted to that end, which are not prohibited, but
consist with the letter and spirit of the Constitution, are constitutional
.
C///e/ -Justice
Marshal].
CONTENTS.
CHAPTER
I,
PAGK
How
THE Struggle Over the Taxing Power in America Led to THE Formation of Constitutions of Governmext in the States.
1G06-1776
9
CHAPTER
II.
How
the States Formed a Confederation which Fell to Pieces Because it Had no Taxing Power. 177G-1789
60
CHAPTER
How
III.
the National Constitution was Made, Conferring all necIll essary Powers on the National (tOvernmext. 1787
CHAPTER
IV.
How
Law
of
148
178
Map
facing title
207
Index
UNITED STATES*
CHAPTER
I.
1600-1770.
difficult to
government or
want of
supreme law.
treaties
and
The made in
national
accord-
ance with
it
are
now
accejited as the
"more
perfect
union "
is
is Iristorical,
ment.
By
;
* Authorities Consulted:
1787, 5 vols.
1
vol.;
Albany
Elliot.
History of
Yates's and Lansing's iVofes, Luther Martin's Genuine Information, in Celebration of the One Hundredth Anniversary of the
1821.
Promulgation of the Constitution of the United Slates, edited by Hampton L. Carson; Lippincott, Philadelphia, 1889. Journal of Virginia Convention of
10
justice.
To
may
administered throughout
its
prescribed Avork.
By
political parties;
domain
to that mysterious
waters were
first
vexed by a Eurofirst
New
Jersey
1788.
of 1832.
Thomas, 1780.
Vermont State
Maryland
edited
V)}'
Conventions, 1774,
McMasler and Stone; Pennsylvania Historical Society, PhiladelPoore's Cliarters and Constitutions; Government Print, WashJameson's Constitutional Convention, 4th edition; Callashan
Bancroft's History of the Constitution, Vol. T; Apple-
in<<ton, 1876.
ton,
Now
York, 1882.
McMaster's History of
18S7.
Af)plel()n,
New
York,
Tenth Census;
SYMBOLS OF GOVERNMENT.
comes the
liberty,
lioine of all peoples, races, creeds,
]]
ami languages;
intelligence,
by man
and
civilization;
shaken the
when
wager of
affairs as the
manity, as
if
powers
In the popular
sentient instrument, as
Rome.
The veneration
tion founded
upon
men
The veneration
rather
which
Englishmen
Great
Thus
the Consti-
the civil
tions, as
life
more than a legal document; it is the expression of of the American people. As we love our institucherish the
we
memory
triumph
in peace, as
we
we we hope
])os-
and our
we
of government which
finds
12
The
tion.
its
story of
tlie
Constitution
is
fic-
It is natural to attribute to
an institution tliroughout
it
bears in our
own
day.
Many men
startling dis-
when the Constitution seemed merely a piece of parchment; when the fate of tlie nation was as uncertain as the course of battle; when stern necessity compelled so liberal
tinctness a time
states-
men
national
and, looking
hopefully forward,
by
a construction of words.
States understood in
nation's mind,
its spirit as
But no man
now
tion
living can
States and
more jealous
No one
can re-
member
When
difficulb to be-
Vwve
tliat
we
It is
my
purpose to
I
United
States.
shall
briefly relate
how
the people of
how they
and
iJiaii
how
AMERICAN EXPERIENCE.
13
had raged
in
England, and
iii
the
course of which
strut;o;le
how
in
America the
how
in
how
the
and
civil
experience,
was assumed
independent com-
munities;
tion of
how
how
its
this confederation of
purposes;
haw
want of a
how
it
to a
harmonious conclusion;
how
how
that approval
was given
at last the
many
suggestions, or
was
flatly refused;
how
it
to the civil
United
States.
In telling this
is left
story so
briefl}^,
more merit
is
out than
14
for
coiuiilicated.
But the
essentials of the
whole story
may be
The people
ment.
govern-
The
legislative,
all
men
of
planting,
and
this division,
which
in the
came more
ing the
fii'st
clearly
marked
in the colonial
governments dur-
should not make laws for the people, but that the representatives of the people should legislate,
is
an epitome of Amer-
down
to 1776.
by
by a
sys-
tem of
courts.
ai)pointed
by the crown,
during a portion of
The
under a
by
from Charles
II.
In
all
by a
fiction
of law he
in
tlie
of civil authority.
cil
Tlie judges
missioned
name
of the king.
THE LA
tions
OF THE LAND.
all
15
commissions
name.
America were
As
in ancient times
Rome
American
colonies.
But the
that
})arallel is
not complete
it
was
and
the senate of
Rome
made laws
No Roman
province had
Avithout
its
its
anomaly
they existed
under royal grants, and they exercised an authority representing ideas incompatible with that of the divine right of
kings.
Thus
it
came about
in
an essential part
the
and
English Parliament.
Great Britain.
an epitome of
English political history to say that the king must rule according to the law of the land
law.
It
:ind that
the
may be said further that the law is determined by House of Commons in a last struffsrle between the two
16
THE ASSEMBLIES.
the elected representatives of the people of En1V33, Av^hen the thirteenth
civil affairs of
Commons,
gland.
By
3d of September, was
signed in Paris,
by the representatives
in-
in
New
York,
had passed into the second quarter of their second century, and civil affairs in all of them had passed into an organization
well understood
sovereignty'
and peculiar
to
America.
The
seeds of a
new
rooted out.
To
Formed on
common
ment
itself,
New
Hampshire, in
Pennsylvania, and
in Georgia, consisted of
many
men
summoned
the
first
body of
The Assembly
Jersey, of
elected
is
by the
arrangement
characteristic of
New
Tlie four
the
delegates to both
houses.
Commons
En-
17
made appropriations
of
money.
Seldom did
the two
roof at one time; there were occasionally, and for specific purposes, joint sessions of the houses.
It
would be an
eriior,
legisla-
While
permit a true
the
if
parallel.
To
the
colonial
legislatures,
and
to
we
turn
we would understand
the
In
taxes.
As
a part of the British Empire the American colonies were subject to taxation
by Parliament,
It is
an axiom in government
body
possesses supreme
this.
power
in the
The power to levy a tax men in other words, the power of controlling men themselves. The power of levying taxes in the colonies was exercised by the assemblies, and that power came to reside in them by a course of
There are reasons for
implies the poAver of controlling the labor of
who granted
charters to
The
story of
government
in
America
is
never
how
taxing power and the later struggle about the exercise of that
power
at last resulted in the formation of the " more perfect union " under the present national Constitution. The first
IS
llie
first
how
tliat
power
shall
be exercised.
The
ment
he organstill dis-
and
puted problem,
first
how government
be administered.
The
his-
The
mined,
ginia.
which
tlie
principles on
deter-
Avhich representative
is
government
in
America were
by the growth of government in VirIn 1606 King James I. granted a charter to "Sir
illustrated
Sir
...
to
make
habitation,
that part of
America commonly
all
called Virginia."
time nearly
Virginia."
To
boundary
ted.
The
to Gates
and
them
as the
London Company,
as tlie
Plymouth,
town of Plymoudi,
\v;is
in
England.
to
"have
a Gouncil
which
all
ni.iltcrs
shall arise,
grow, or happen to or
19
!jfiven
&
and signed with Our Hand or Sign Manual, and pass under
the Privy Seal of
Our realm
of England;
Each of which
shall be
dii'ected
and comprised
in the
same
Insti'uctions;
And
shall
have a several
Each
Arms engraven on the one Side thereof, and His Portraiture on the other; And that the Seal for the Council
the King's
of the said
first
Colony
shall
nim, F)'(oicim
&
this
Words: Sigillum Regis Magnm BritanlUhendm ; * and on the other Side this
:
In-
tive
government
These
in the
The
charter gave
all
economic
affairs.
The
council of thirteen in
to act
England was a
and
were provided
body
of directors
empowered
charter.
by
their charter,
limited only
by the
Civil matters
Virginia and
ties
all
all liber-
and
francliises
and immunities as
if
livinsr in
England.
to
By
its affairs,
colony of Virginia.
20
l)y
the company.
But
be
there
is
The ordinances
trial,
company made
it
in
England
Avere to
under the control of a chartered monopoly, a monopoly represented by two companies, the London Company and the Plymouth Company. It failed because no homes in Virginia
were
set
up under
its
provisions.
It literally
concerned " a
to Vir-
body
of adventurers."
colonists.
more
of
had been
be
drawn
for
to
by
per-
all
Manner
Forms
and
&
Ceremonies of Government
and ^Magistracy,
(l(v(
fit
necessary for
&
concerning the
The laws
niad<'
tills coiiiicil
lor the
iently as
maybe"
"agreeable
. .
Kealm
of England."
brief
21
may
Virginia
making
neces-
company
in
England.
prosper.
by a council of
England.
By
in
Virginia were
But
was
to
Company and
Government from Time to Time to be used, the Ordering and Dispensing of the Lands and Possessions and the Settling
there, or
last
Such
like,"
were
save
upon the
Wednesday
Trinit}^, J f
and Michaelmas,
as-
&
Called
The
four Great
&
Genei-al
Company
character
* J;imiary 11-31.
^
June
12.
22
REPRESENTATIVE GOVERNMENT.
rather than legislative, but convenience and necessity compelled a modification or adaptation of the
life.
From
it is
members
company
members
of this Assembly,
in
conformity
The
any other
most ample
The power of
so liberal a construc-
was soon
exercised.
The
colonists
who
and
his
assemble
by
representation.
A
all
formal
special oath
was
to
persons in the
Thus
not so
the gov-
ernment introduced
into Virginia
in
was
essentiall}' re|)ublican
character,
in
strict
body of
colonial
who
powers hitherto
Tiio Virginia
to the
qu;iliti('(l
electors of Kng];iiid.
colonist
became an
elector
by the com-
pany.
Jlis ele(!toral
(pialifications
PROPFAITY QUALIFICATIONS.
23
by the Assembly.
electors
He was
in
Similar qualifications
;
foi-
were required
England
the
land-holding in England
made
it Avill
number
the colony.
Frequently
eenth century
is
citizenship
the time of the third charter for the possession of the franis
from the
fact of
most ancient
precedent
elec-
tion laws
The ownership
in
of
amount
in
of a man's responsifol-
community.
It
England
or in America,
man
Gov-
a man," was
its
unknown
until the
fourth decade.
ernment
is
recent times this property has been real estate rather than personal property,
it
values could be
made
of
now
a large pro-
24
At
the
time when the foundations of government were laid in America personal property bore only a trifling proportion to the
Stocks, certificates,
shares,
negotiable paper,
two
fifths of
now
2:)ro23erty,
though with
upon
it,
the land
still
Had
per-
have included a
personal prop-
on personal property.
As
legislatures, as in
Rhode
Island,
made
many
in
was abandoned
all
men, other-
wise qualified,
personal
who
paid taxes
07i
property thought to be
real estate.
to
equal the
In Pennsylvania and in
is
payment
of
certain taxes
still
required
man
can vote.
]>iit in
now
exist.
make a
as this
Remote
may
at first si'i-m
from
thc^ tinu;
of the framing of
25
plain
was put
America.
The
right to vote
aliens.
and persons not admitted to the company could not vote. But the beginning of representative government was made.
In April, IGIO, Sir George Yeardley became governor of
Virginia.
lie abrogated the military code
that
;
is,
the
common law
of England.
And
planters
it
might have a hand was granted that "a General Assembly should be held yearly once >vhereat were to be present the governor and
in the
governing of themselves,"
council and
elected
plantation, freely to be
by the inhabitants thereof; this Assembly to have power to make and ordain whatsoever laws and orders should by them be thought good and profitable for their subsistence." The number of burgesses from each plantation was
suggested by the two burgesses which from time immemorial
shires in the
House
of
Com-
mons Of
in
first
General Assembly
his council
America
known.
sat
in the proceedings.
Observing the
mem-
26
bers;
it
card-playing;
colony;
of the
it
colony, and
England.
may
l)e
The division of government was not exact, for this Assembly sat as a But the people of tlie coui't as well as a legislative body. colony were pleased. In their own midst civil government familiar institutions were about them, and was set up
counties, were represented.
;
thenceforth Virginia
tlieir
home.
Two
company in England approved the course of the Assembly by passing an ordinance establishing a written constitution for
Virginia.
and oppression,"
is
new
United
later
indi-
James Madison.
27
General Assembly
in
in Virgijiia
England was a mutual agi'eement that the acts and laws jjassed by either body should not take efthe first instance in this fect uidess ratiticd by the other
company
Ital-
in
government.
The
provision
may
be described as
With
the entrance of the burgess into civil power the qualified citizens
tinent,
choice of
this con-
also
the
idea and
at
tlie
last in the
had sprung up
But between 1619 and 1783 popuin all the American colonies,
and had come
to to exercise im-
had assumed
specific functions,
portant powers.
Of import second
no other exercise of
assemblies found
its
pi-ecedent in the
House of Commons.
The
delegates
to
the colonial
electors,
the people
America.
the sovereignty newly enthroned in Custom made stronger year by year the ])owers
first
exercised at
semblies.
in
the as-
But custom and the acquiescence of the British government rapidly strengthened the confidence of the assemblies in their right to levy taxes.
By
was founded
all
money should be
con-
28
trolled
lower house.
The
royal gov-
by
with ParliaJolni
ment
for
power
to lay taxes.
in
From King
1215,
had
it
and thenceforth
law
in
In
1649
Charles
had
lost
his
life
his attempt to
to levy
tlie
taxes in his
own name.
first
George
III.
renew
it.
revolution in America which was to wrest from an " omnipotent Parliament " a taxing
atives
of
in
England would
peo{)le,
to the
The
revolution of
In England
it
King
Avas ParliaAvilling in
England was
rarii.iitu'iit
29
ment.
against
Avliich
Tlierefoi-e the
War
III.;
of
llic
King George
in our clay
is
it
home
colo-
rule.
lawful right to
true.
That the
not wholly
lut it
of
It
such
became
by the
a
colonies,
It
has been
^^olitical
by the
colonists to obtain
It
representation.
was a
political revolution
it
and a mighty
mighty
analysis
must
from the
ury
industrial, the
conditions wdiich
The
had been
of
ever since
colony.
the organization
government
in the oldest
dis2:)ute
as
who should levy them; nor Avas it denied that a body should levy them. The question was, which
legislative
legislative
?
30
undue haste
in
tlieir
roof" of nationality.
delegates from
shire,
all
On October
7,
1765,
twenty-eiglit
New
Ilam^j-
summoned at met in
Hall in
New York
to
public affairs.
This
first
American Convention,
after a long
America were
they issued what Judge Story has called " i)erhaps the best
general
summary
all
the colonies."
This declaration
October 19
sets forth
in the declaration of
"That
.
it
.
is
freedom of a
l^eople
their
own
by
their representa-
tives;" and "that the people of these colonies are not and
from their
be represented in the
House
of
Commons
Great Britain."
in the
of taxation
was comprised
respective legislatures."
laid
an
indirect tax
it
on
the
its
was thought by
tea
;
who consumed
the tax
31
to face
Tlie Stanij)
tlie
Americans.
The Revolution had begun. It began not Avith fife and drum and battles between armed men. It began in the assemblies and among their constituents, the people. On the 5th of September, 1774, an assembly of delegates met at Philadelphia, consisting of men appointed by the lower house of the colonial legislatures or specially chosen by popular'
conventions.
gress.
It
first
Continental Con-
further
On
its
the 10th of
May
of
same
historic city.
all
by
The people
citadel of
in
was only a
acknowledged.
From
1619 to
representation.
It
To
become not
and usurpaan ab-
The
" injuries
having
82
The
acts
of these assemblies were described as " wholesome and necessary for the public good," and the accusation against the king
was
parallel
should remonstrate
his assent
to the President
But
when it is ]uirsued to any length. The time may come when the American historian may find
the parallel fails badly
a
parallel
between
the
accusations
against
George
III.
and the accusations against President Johnson, the accusations in either case being
legislative
dent the accusations were drawn by a committee of Congress; in the case of the king they were
drawn by
a com-
two
cases
The king
of representative governnuMit
among
iiKlcpendcnce.
because,
in
The impeachment
of
Johns(jn
was
an
impeachment
because he
KING.
33
sought to levy taxes without the consent of Congress, because he could not levy taxes with the consent of Congress,
The impeachment
had refused
of the President
was on grounds
l>y
tliat
he
to execute
Congress,
Congress.
The
accusation
against
laws
made
for
}!ul)lic
good after
the colonial assemblies had passed them. the accusation touches on the assemblies;
In each instance
person
who
which bring
into just
wliole struggle
blies.
the
who
Declaration affirm:
" lie has forbidden his governors to pass
di#ite
Laws
of
immeso
and pressing
till
operation
his assent
when
He
Laws
for
tlie
accommodawould
to tyrants onl}^
"
He
usual, uncomfortable,
them
"
He
S4
THE
CCrSA TTOK
He
to cause others to
be
elected
the
in
meantime exposed
to
all
He
;
States
Laws
for Naturali-
zation of Foreigners
their migration
hither,
and
raising* the
conditions of
new
by
Appropriations of Lands.
"
He
of Justice,
Laws
for
establishing Judiciary
Powers,
"He
has
f(jr
"
He
New
Offices,
and sent
hither
swarms
their substance.
"He
"
has kept
among
us,
in times
of peace, Standing
legislature.
JMilitary
He
l)as
affected to render
to the Civil
tiie
independent of
and superior
"
Power.
He
unacknowledged by
KING.
35
us:
men among
by a mock
Trial,
from Punishment
"
For cutting
off
all ])art8
"For imposing
"
oY
de])riving us, in
many
by Jury:
"
tended offenses:
" For abolishing the free
in
its
Boundaries so as to render
it
at
val-
Forms
of our
Governments:
*
"
"
He
b}" dec^laring
us out
waging
War
is
against us."
Much might be
the substance of
tial
all
ment
concerning legislation
in
and Parliament.
is indis-
Americans
36
putable, but the
to
ENGLAND'S WANTS.
Americans
liad
submit
and
to tax tlieniselves
was
essentially to
govern themselves.
like CfBsar
when he
ally
was wrong.
in a
common
cause
in
but
events,
complex
and international
in
The
from
dom
oflf
America such
in the
Low
in
Countries, or
Belgium.
The
j)ossible service of
Lord Clive
in
his
The
the bitter-
America had
tinient
;
affairs in
and conservatism and unprecedented and autliority at the same acknowledged feebleness of the ci\
il
time
w
arc
ioii'_;lil,
out
The
('ongrcss wliicli
(lest ine(l
issued
the
)eclar:il ion
of Independ\\\ a
ence was
aOYEENMENT TAKEN
Ur.
37
by the
for
colonies,
now become
the
States, this
Congress kept
cxj)iring
at
in session
last,
throughout
Revolutionary War,
want of a
of the
in 1*780,
live.
The second Continental Congress had been in session just one year when it passed a resolution recommending each colony to form a State government. The critical change thus suggested was an easy one. Connecticut and Rhode Island were the oidy colonies which made no change in their
civil organization,
libei'al
charters.
Rhode
But
unchanged
recommendation
government
"
were
called,
consti-
Massachu-
people, and
Avas rejected.
secoiul convention
was
1,
called
in that State,
which
Avas in session
from September
1770,
to
January
16, 1780.
The
constitution
made by
this con-
to
that State.
It is the
made by
38
America.
of war, and
constitutions inter-
preted
parts of
America.
It is
now customary
to submit a
new
constitution
new
States
and adopted
in
In
new
in force
The custom
in
America
1789 nearly
new
It
But
New
in
some States before a constitution which had received popular approval at the polls became the supreme law. The constitution of
New York
North
Cai'olina continued
her consti-
18(55.
New
in 1844.
Vermont
supjilantcd
later.
constitution of
1785
The
constitution of
(Jeorgia lived
it
was superseded by
in
lit'
constit
ion of
l.s;i9.
EXPKlilENCE Dfi'TATES.
1792 which
l'cnu5*ylv;ini.i
39
eoustilutiou of
wus
(if
in
177(5
I'orce
till
I80I.
Tiie
approved
ly
supplanted
of 1837.*
In
1770
there
o})inion
JState
essentials of
government.
system of
government
*
which
it
New
State CoNSTrruTiON'S.
The
in
named
came
into the
Union)
1.
2. 3.
New
4.
5.
6.
7.
Massaciiusetts, 1780.
8. 9.
New
South Carolina, 1776. 1778, 1790, 1868. Hampshire, 1776, 1781, 1792, 1876.
Virginia, 1776, 1830, 1850, 1870.
10.
11.
New
12.
13.
14.
Rhode
Vermont,
admitted
March
1,
4,
1791,
Free.
Constitutions,
1776,
1786, 1793.
15.
1792, Slave.
16. 17.
IS.
r.).
Tennessee, Jnne
Ohio,
1,
1796, Slave.
November
20. 21.
22.
23.
December 11, 1816, Free. 1851. Missi'^sippi, December 10, 1817. Slave. 1832, 1868, 1890. Illinois, December 3, 1818, Free. 1848, 187i>. Alabama, December 14, 1819, Slave. 1867, 1875. Maine. March 15, 1820, Free.
40
many
years.
No
niei'e
experi-
may
and
it
Amer-
in
to 1790
plain.
and
to furnish
the
individuals
who compose
And whenever
a right to
government and
August
to take measures
1865, 1875.
necessary for
Missouri,
Arkansas, June
1868, 1874.
1850
27. Florida,
28.
29.
-30.
March 3, 1845, Slave. 1865, 1868, 1886. 1866, 1868, 1876. Texas, December 29, 1845, Slave. Iowa, December 28, 1846, Free. 1857.
Wisconsin,
Minnesota,
May
May
29, 1848.
9,
Free.
31. California,
32.
September
1850, Free.
Free.
1879.
11, 1858.
February
14, 1859.
Free.
Free.
(Slave
constitution,
1855; free
35. 36.
West
Virginia,
which the State was admitted.) June 19, 1863, Free. 1872.
31, 186-1.
Nevada, October
Free.
37. Nebraslci,
38.
39.
40.
March 1, 1867. Colorado, August 1, 1876. North Dakota, November 2, South Dakota, November 2,
Washington, November
11,
1375.
889.
1889.
1889.
Wyoming. July
vf
llo:
10, 1890.
p.
the Ptople
United States,
and
liap})iiiess.
Tlie
body
politic
It is a
wit'i
all
social
eacli citizen
shall
common
mode
good.
It
is tlie
in
framing a constitution
of
making
man may
We,
and peaceably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each
other,
civil
govern-
ment, for ourselves and our posterity, and devoutly imploring his direction in so interesting a design.
Do
agree upon,
frame of government."
The
same
men have
and
in the
rights: to life
freedom
worship of
God;
to free elections
immunity
laws
that
is,
from "laws
42
made
sncli
laws and
preccflin'^-
laws;" to freedom from excessive bail or sureties, from excessive tines, or cruel or unusual punishments; to exem|)ti()U
from the
as the
law
may
prescribe.
government are
provisions
by
assemblies, to
many of them to a time in Anglo-Saxon history beyond the memory of man. They represent settled ideas of government; they are no longer disputed; but they were the principal subjects of dispute
down
Commonwealth," continues
ment
sliall
never exercise
tlie
and
judicial
shall
never exercise
legislative
au'l
executive
end
it
may
be a goveiMi-
The
l'onnc(l
legislative
in
by two
braiiclics, a
sent at ixcs.
all
The
and passed
the
'onnnonwealth.
is
'I'heic
legisla-
ture, as
so
commonly found
constitutions
made
Q UA LTFICA TIONS.
(luring the lust tliirty years.
43
revised each hiw,
it it
The governor
it;
if
and
if lie
aj^proved
it
it
he signed
he retiirne(l
originated.
which
tlie bill
it
so re-
turned, and
and
became a
law as
if
The
towns,
or, as
known
of
outside of
New
England, counties.
male
inhabitants
or of
the
State,
real
age
within
of
twenty-one
years
more,
the
having
the
Commonwealth
annual income
of 3, or place or
any
The
dwelling-
home
The
C'ommonweahh
of the value of
300
at least, or to
He was
also to
be an inhabitant of the
district in
which he was
chosen.
The mention
])ro])erty
if
had greatly
the personal
in value
doubtful
]n"operty of
1*600.
community amounted
to
By
44
The House
towns.
It
of Representatives
Each town
first
liad at least
about
1634,
and
members
by written
votes.
To be
eligible to the
owner
in his
own
right
town
would be chosen
estate,
to represent.
Or he was
to possess
any ratable
200.
come
for being a
representative, he
thereby
The member
of the
House
of
much
]roperty
was the member of the Senate, for the reason that he did
not represent so
as a
much
property.
The
district
was represented
House.
member
of the
office
House or
for governor.
No
of governor unless at
inhabitant of the
tiie
Commonwealth
same
time owner of a freehold estate within the State of the valueof 1,000; and unless he declared himself to be of the Christian religion.
The
governor.
He was
member
of the gov-
monwealth
in case the
THE COUNCIL.
reason of the death of
State, or
liis
45
liis
tlie
governor, or
inability to
among
the perballot
In case any of
tlie
nine
The number
The
council,
which
still
exists
New
and held
office
office
To
this
tenure of
trates,
minor judicial
rank of magis-
offices for a
the legislature,
of the
law.
The
by
two houses,
could
1)e
Any of them
recalled at
Under
this
1780 has
Provision was
made
for
46
THE CO MM OX PLAN.
the university
at
education by incorporating
Cambridge
Harvard
under
tlie
College,
schools,
arts,
and by
schools,
grammar
and punctuality
in
business,
"and
all
The
and
On
governments
in
in
America
in
in
Georgia and
Penn-
(Jovernment was tlierefore organized, distributed, and administered in the thirteen States on a
scril)ed
jilan
as
common.
In the details
of State constitutions
to situation, to
there were
many
differences, differences
I>ut
j)resented.
tlie
legislature,
p(;ople
was the
tliat^
house
had the
47
and
to ai)piopiiate to
moneys.
first
But we would
State constitu-
we
impute to these
incaniiig, form,
and interpreta-
now
in force.
The
tlie
ide.is
which
modern State
foi'tli
in
the constitutions of
Two great
tlie
])eriod
ical
industrial
polit-
change.
By
tlie
industrial
a}>j)eai'ance.
gave place
railroads divide in
lines.
Corpora-
now
who
will
new
States.
re-
written
of
modern meanings.
The
industrial ch.inges
life since
war
Avith
England.
A
it is
and
comprehensive
Avhich
summary
is
of
lundamental
civil
principles
and
It
is,
tests
it is
franchise.
The
i-estrictions
on
the
franchise under
tlie
Massachusetts constitution of
IT.'^O
which prevailed
48
in
PROPERTY
some of the
States.
QUALIFICATION!^.
In
New
in
re-
North Carolina,
tifiy acres
in
in
Nevy York, 20
member
of the State
South Carolina,
Connecticut,
New
pay a
poll-tax.
Nor
still
was required
In
to
greater value.
;
New
in
North CarHampshire,
in
1,000;
in
in
Georgia, 250,
or
land
in
New
500;
land;
JMaryland,
5,000,
of
value of 11,000;
in
New
York, 100
in real
;
property;
in
^"1.
in
llhodc Island,
icut, a
i5<i;U;
in Massachuset,ts, $1,000
Coiniect-
property
in
in
But
in
Delaware,
New
it
York,
in
Rhode
made candidates
all
for
governoi-, and
chiefiy
may
be said, that
in
the States
it
was
from
old,
man
come, or at
least
he would
]iot-
be debarred
HFLIGIOUS TESTS.
froiii
49
pooi*
cuming by
his poverty.
men
than rich
men
in
now; but
tlie first
many
years were
The
electors
also required to
have
In
New
llampsliire, in
Vermont,
in Connecticut,
New
In
Massachusetts and in Maryland they were required to believe in the Christian religion,
in
Congregasul)-
Church
in
Massachusetts.
North Carolina,
membership
in the Episcoj)al
Church.
Pennsylvania,
with Quaker
simjjlicity,
and
evil.
in the future
reward of
good and
in the
punishment of
New
and
in
in
Rhode
Island,
and
New York
But
copal Churches.
in these
last-named States no
man was
50
ion, of sex
NUMBER OF ELECTORS.
and of age, the mimber of electors
the
in this
country in
1776 was
far. less in
is
proportion to the whole number of inhabat the present time. Slaves could n<jt
States, as occasionally in
itants than
number
some
vote.
Perhaps
in
Massachuat
setts or in
New
the polls.
in
slave,
a large es-
timate,
by the
which we are
would
thousand voters in
difficult
number at that time, but careful computations indicate that the number was less than one hundred and twenty-five thousand
souls.
It is
number
suffrage
is
exercised, at times
women.
Not
woman
may
sur-
was
so limited in this
country at a time
when
the
fathers
was
de-
Not
all
States
made
There
Women
voted in
Tlio
New
own
Jersey midor
tlio
constiliitioii of
luiviu<j
17T6 hy later
Icf^islution.
rif,'lit
to vole
was given
to
women
u certain amount
rigiit.
EDUCATION.
were no
})ublic
51
schools.
And wo
tlio
moment
France,
condition of
masses
in
England,
in
in
Germany,
in the
in Italy,
was
than
United
States.
the world
npside
down
since the
stitntions of government.
secret, a
no
wonderful talisman
first
When
Massachusetts
Latin to their classes. There were perhaps not above five great
schools in
America
advance of
from a
man,
res^^ectable fitting
Few young
him
;
men
for a college
jirentice, a
make
an ap-
doctor, ha<l, as
lege.
little*
teachers,
and their
busy and burdened lives could find scant time for teaching
in the country,
and
not a magazine, as
we know
The
now
too
common
unknown.
young men,
at
52
AN AGE OF
IXQUIRY.
out the aid of books, and wholly without the aid of libraries,
the fundamental 2>roblems in government. But no company of young- men could now he brought together to
in
discuss
Are human
Should government
?
which
These
political clubs
were unknown
in
to the rural
districts,
some
j^arts of
Massaor
James Otis
of
Patrick
Henry, helpless
in
the
confusion
streaming
fai'mers
and planters
by conversations and arguments with who had a moment's leisure. The ago
it
was
builded on
its
i)olit-
It is a
of criticism,
to a
when
wills, a
knowledge of
political sci-
Our
an-
But every
American
coln.
was every
Field or a Lin-
No
that given of
him by Emerson:
The
])ill
)ai'l
alike
in
having
a-
of
an executive dej)artnu'nt, a
legislative de-
nieiil, Mini
in
In the Southern
TTTLES
53
held
land.
by
In
New
life
in
men
Roger Sherman
j)ro-
who began
found knowledge of
in civil life.
Among
In
in
number
of titles
or department of government.
New
Hampshire,
in
Pennsylvania, va Delaware,
and
in
The
leg-
and
its
different
names,
different names.
it
The
in
term legislature
itself
means now,
England,
Carolinas
in
New
New
York,
in
in the
was
Vermont,
its
New
name,
was known by
colonial
the Council.
the
The
title
New
England, but
in
it
was known
as the
Assembly
in
New
York,
New
Jersey, in Penn-
sylvania, in
name
the
House of
Commons.
The
members
54
tion
THE COURTS.
between
their
functions.
more numerous
representa-
general
House of Representatives.
But
it
way
of caution, that
at the time
when
the
first
made
the
national Constitution
future.
.
in the
and
in his
would be
perhaps impossible, to
No
The
])Qxt
more
difficult.
country, and often in one part of a State, were wholly different from the rules in another part of the country or of the
judicial system.
In judicial
office, in
the jurisdictions of
coui'ts, in
the tenure of
same State
will be
ing to permit a
full
glance at the
in
many
judicial systems to be
our
THE
CIRCUIT.
55
four and forty States, after a century of union and a constant tendency to uniformity in State practice, suggests
what
when
there
in practice,
were usually appointed by the executive of the State to continue in office during
Now
the judges in
by
Rhode
Island,
where they
in
and
in
Kew
term of years.
in
Then
and decisions
selves, in
any other
was no
2:)racticable
called out
of their
own
the
tried
cleared.
Curiously
is
now found
members
in
in the
States,
whose
at certain seasons of
in the States
civil
unlil
war.*
resort caused
many
dis-
tressing evils.
*
New
Jersey
still
56
among
New York
Jersey had
in
mon
to
New
England,
with
Pennsylvania and
New
little in
common
New
common
in-
States
farther south.
These
similarities
and
differences
now were
plan but
to
widely''
differing in details.
the
struggle
was
by the triumph
by the
We
of the governor; they gave unlimited powers to the legislature and limited the powers of the executive.
The
day
and
political history
The
gave place
57
by the
electors.
One
part of
the colonial
government most
essential
and
still
central in authority
was continued
This
is
the only
j)art
down
to us
State
in
man
Thus we discover
gress
that
when
up
recommended
themselves
had
long been in motion, and the jaeople merely put into written
government
to
many
years
upon the stage were the old familiar actors who spoke familiar
lines,
made
more
interesting.
The
firm insistance
in the
in successive declarations
That
.
it is
of a people
their
own
by
their representa-
tives,"
S8
whole
government,
came
after the
war had
after peace
had been
mighty
of nationality and
Then
it
anxious years that followed the peace, that the peojjle realized the
meaning of the
sacrifices,
of the
labors,
of the
unknown forces of independence. Then it was that the national idea grew apace and the State idea betook itself into juster proportions. Then it was that grinding neceshitherto
sity
We have
now
Virginia charter
onward,
])ast
London and Plymouth Companies the meeting of the first American General Asto the
rights,
when the
iiiuiiM'ut
same
transformed
themselves
into
States.
Omitting
many
itlea,
^\'('
H'llii.
we have
very briefiy
discov('re(l
taxing ]>ower.
in
lliat
Assembly
Virginia
in
We
disc(ncre(l tliat
])()W('r in
tlie
oi-
coloiiial
legislature,
and when
Slate constitutions
are fdiincd
we
il
detect no bicak
ail'airs,
enrrent. of ei\
for
tlie
T.
59
About
that
power the
battle raged
and about
power
in
it
In presenting so briefly
story of constitutional
to 1776
gov-
we have imparted of harmony and unity among a})pearance an to the theme men and between the States which did not exist. Not that we have misrepresented the recoi'd so sternly made in those
ernment
unquiet times.
spiracies,
Difticulties,
trespassing
legislation,
conflicting
rivalries,
decisions
of
courts,
dishonorable
actions,
But they
existed,
and
many more.
which has
States.
We
its
first
ment
greater magnitude.
60
CHAPTER
HOW THE
II.
FEI.I,
The
all
])ire.
tlie
people of
Emcivil
The Revolution
The people
acted as a unit.
Separate and
in-
came the
The
Congress
To
in
Philadel-
by the members of
by the
Asscnnbly, in others
by a convention
specially called
rilK
Gl
lliemselves in
tliclr
by
llio
Good
making no reference
to thu
This Congress
and imperfect
The
It
forbade,
by
its
framed an address
to the
movement by explaining
affairs
who
all
and by making
Congress
country.
common
Avas
parts of America.
The
of the
Delegates from
New
made knoAvn
to all
this
May,
1775.
The majority of
C/ongress Avere chosen in conventions called for the purpose; the minority were chosen
by the members
is
of the assemblies.
The convention
it
peculiar to
it
American
political
instiii-
Here
remains, an
62
TRAITORS OR PATRIOTS.
mally expressed
Avill
of the j^eople.
The convention
is
is
repre-
representais
the
recognized means for nominating party candidates, for ascerl:uning the hearing of party ideas, and for uniting
foi-ees
all
the
at
of the p.irty in
And
critical
assembled to
The
being national in character, than were the acts of the Congress of the previous year.
The
i:)eople
by
their conventions
first
Resting on the
affairs
by
condemned
spirators
and
traitors
or exalted
them
They
j)roceeded to
all
their
The
validity of
tliese acts
of
th(!
war.
If the people
would
of the Declaration
of Independence,
and
if
the Ameriean
IJi-itaiii
independence of
tlic
United States.
The
demon-
contideiice exists
mission
ol'
man
is
63
were so
armed protection;
it is
unless
compelled
to,
is
and no nation
its
will
not to
its
own
interest.
methods are
as old as disputes
is
arbitration
between nations
improbable,
It
of equal power.
colo-
in 1776.
No government
in
can
became
makers of a nation.
The
dispute about
government
The
right
as an abstract right in
came of uncomj^romising
instituted
-which
?
government
shall
AVar, and
war
only,
The delegates
directly
by
we now choose
indirect vote of
by an
the electors.
tions or the
The
members
of the conven-
members
of the assemblies,
64
MEN OF FAME.
It will
never again be possible in America to enter uj)on the foundation of a government in so indii'ect a manner as was fol-
lowed
in
1776.
It
the time being that the masses of the people were incapable
of deciding for themselves Avhat
ests,
their
own
inter-
as a
There
ajjpli-
American
nearly forty
ot"
Independence was
issued.
of
the
jjeople
it
followed
that
of
the
control
of
public
affairs
fell
into
the
hands
known
tlie
to the
community, to the
in
American
under
men
more
John Hancock
Ihill
A\
Avere
itliout
reputation iu his
member of the Congress Avas own community, nor Avholly unto tlie indirect choice of
men than
wliom
tlu;
made by
jtarly oi'ganizaliou
irres})ective of the
man
'J'he
niachinciy
parly
jtolilics
may
take up.
THE DEMOCRATK'
ess(^iitial clifFerenco
h'HVorAJTioX.
polities of tliat
65
between the
day and of
this
is tlie
difftTeiiee
jiarty organiza-
man
Avas chosen
because he was
known
capable of pre-eminence;
now
the
man
is
chosen becausw he
is
identity
It
in
1825 which
method
But the
results
of the democratic
it
has
re-
as seldom
tlie
The
of
an end,
lias
itself,
and scarcely an
office
importance
can
the
change
tliat
candidate for the presidency wdio has received the nomination in a convention of the party to
longs, even
if
how
little,
after
all,
is
the
difference
The
poli-
66
tics,
AVhatever system of
government might be
representative idea.
in
i-ep-
system.
The
control of
government must of
Let no one imagdisease.
few men.
a
"bossism"
is
in politics
is
modern American
Bossism
the
name
ment abused.
ple care
In a republic like our own, in which the peofor material welfare than for forms of governis
more
ment or
of
its
history.
if Avell
The
good
jilied.
when
ill-apciti-
The
relief.
Caring
little
for
government or
rej)ietlie
whom
2)olitical
powers.
The abuse
s])rings
and
duties.
The
delegates to the
first
people of their day as closely as do our representatives in Congress represent the people at the present time.
list
If the
whole
be
be scanned there
will
name
man
in
.\iiierica at that
time.
Not
all
members
of the C^ongress
67
It lias
become comcomposed
mon
of
such
is
men
as Jefferson
or
This
a mistake.
There were
;
from 1765
three hundred,
if
and
hundred or
less
named
men who
our
may be
own
men we have named the greate^-t when we name Franklin and Washington, Jefferson and
Hamilton, Madison and Marshall, Morris and Adams, RutIn
the
thirteen State
legislatures
was a
body of men
tics as safe
in training; in
language of
left
poli-
both State
legislature
Washington
with Franklin
in
the dip-
lomatic service.
The
men
quite
unknown
to fame.
As
the character
jiolitical
more
is
])er-
American
patriots
seen
68
in
ton.
They
laid
down
in
was
their
work
of
in the M'orld.
But they
failed
the
administration
government
as
Our age
is
foundation of governments.
legislators yet
settled foris
founded, but
ernment.
We
America
and
Administration, as Ave
now understand
legislators
was
to the
American
in
followecl.
nor
was
it till
secretary of
li-casurv
under ihc
Jialional
Constitution
FRANCE, ENGLAND,
AND AMERICA.
6y
It
is
wrong to the memory of our fathers that we discover in their work an incompleteness that must be necessary to it from its
nature.
They
could,
and they
did,
Nor was
world.
in the
founding of governments or
did the
ical principles as
members
of the
American Congresses
The efforts of England in administration is told by one of her most eminent public servants and historians. Sir Thomas Erskine May, and the struggles of France,
from 1V74 to 1789.
both in founding governments and in attempting to admin-
may be traced in the confessional memoirs Talleyrand, who participated, as did no other Frenchman,
ister
them,
of
in
the governments
so
The
The
course of
lai-ge
But the
chief charac-
whole age
is
government and not the determination of the best adminThe administration of government istration of government.
of
is
we
live.
70
national
was a
of Independence
unity.
No
individual
The instrument
of
formal separation
uses
the
expression, " the good people of these colonies," as descriptive of one sovereign, political
body or society
the people
New
The
constitutions
We
have seen
Jersey, and
New
first
Congress, on the 3d of November, 17V5, had recomthat the colonies, pending the dispute with Parlia-
mended
so
formed were,
as in the case of
New
Jersey, provisional in
their character.
New
c;illed,
of
it
government with
is
clause:
"Provided
if
always and
take place, aTid the latter be taken again under the protection
aiul
(that
b(!
the
luiil
New
null
From
that
New
Jersey
did not claim separate independence, but that the action of the Stale depended finally upon the "reconciliation between
Great Britain
'i'he
Declaration of Inde-
71
of various earlier
the
first
Congress
It
in various colonies.
its
provisions,
now somewhat
by
inci-
American history
is
more obscure.
by individual States, but the separation of the united colonies. The people as a political unit, as a nation, formed the separating mass, elected delegates to a national Congress, and
in-
'J'he
struggle between
\iqo-
won
in a colonial
assembly.
The
vic-
won
the
but
was incomplele
government was
At
pendence was issued neither the people nor the leaders saw
clearly the ultimate consequences of their act,
72
FRANKLIX.
government
strong
enough, had a
tion
full
An
men
of the Revolution
discloses,
what
all
men
Franklin
at once
come
to
mind
as an
Avas a peculiar
eration.
At
when
are
body
body.
is
feeble
is
in
But Franklin
seventy was
for
still
young man.
life
lie
throughout his
he had
whom
had come
He
men
He was fond
ciMtic
I'lMiii
ill
was So-
ill
his
])edant.
lie
had differed
ilic
management
of affairs
in
FRANKLiy
of tlie
;it
73
House
of
Commons, and
witli
membLTS
of Parlianiciit
ainoiiu^
(lie
liouses ot Parliapliiloso-
riu'iit.
|)liei',
He
yet
known
to
tlie
liis
wliole philosophy
is tlie
])resent-day
in
wisdom
of
common
body delights
and few
i)Ossess.
day and
His keen,
])ractical
liim-
lie
easily directed
them by
his counsel,
in fur-
name
was
When
alert,
by the
acted
by the ardent
His
without
liim,
but
Revolution was
in perfect
life as
a citizen of Philadelphia
and
fifty years
Of
all
the
men who
America, Franklin, more than any other man, was the em-
He
stood
find-
was the
A cent-
As
popular cause
fell
away.
was reserved
74
soil
come
in
at the last,
become a
the organ-
which
And when
peace came
gave the
full
strength of a
countrymen
Franklin met the old and the new: the experience and the aspirations of colonial days
nation,
and the
possibilities of the
new
ment.
Of Franklin's colleagues
younger; John
his senior;
in
Wash-
Adams was
forty-one,
fifty-five.
Roger Sherman
But among
his con-
temporaries were
When
Adams and
Jefi^erson af-
fixed their
names
Madi-
thirty-four,
teen.
and Sherman
in
later, in that
unrivaled gather-
ing of statesmen
the Unitecl
lo the
of
tlu^
language
is
in
the political literature of the Revolutionary jieriod are considered the significance of the
explicable
75
The glory
of
To
Franklin independence
to this consummation.
To
the ardent
mind
of
Hamilton
philoso-
phers had
To
name
for a de-
chosen repre-
sentatives
might choose.
the peojtle
followed
Congress at an ever-increasing
distance.
blamed
CV)ngress.
If
remembered only
the soldiery.
The
fairs
States,
civil
af-
its
own
division of the
all.
them
With
them
it is,
at first thought,
it
when
organized
an experiment.
On
the
'J
ment.
The
report of the
first
al-
slight modifications of
it
as
On
the 8th of
the
Articles of Confederation
brought
articles
As
the States,
when they
consti-
took up
common
stock of
from conventions
in
legislatures
and
from the
plaints
first
These comit
seems to
common
members
its
of the
When
report
all
its
abolition
must be
left out,
is
and
was
left out.
It
is
a gcncial
formulalittle
government provoked
77
Congress.
Tliere
man
in the
Con-
in
libea-al
men
The
are born
in the
tion created
no
offices, laid
was a grand,
assumed
to be self-evident
little
to
it
delegates to a convention of
men
draw up
in
committee a statement
not alone of the people of the United States, but the opinions
of the foremost thinkers of the eighteenth century,
I'apidly
laration
must be considered
who were principles advocated by the Decat last as settled. The report of
was
issued to
summary of fundamental
But no such harmony prevailed when the Articles of Confederation were brought
in.
78
any of
tlie
colonial or State
to confederate
The
articles, therein
original
con-
Even
the
lialf
the
government
-was
ignored.
A
its
when
first
proposed, which
won no
Avliich at last
On
more than
Before
1778, Massachusetts,
Rhode
Island,
Con-
New York,
in
New
Jersey
in
Noveinbei", Delaware
in
New
The
out precedent,
ei-iimeiits of
is
still
without similitude
in
the gov-
it is
selieme of ^oscriiment
(jr<ler
which K'd
to tile
F.VIL
States.
wliicli
CONSEQUENCES.
Avas
79
The Confederation
but
it
No government
was ever modeled upon tbe Confederation, the nearest approach to similitude lacing
tlie
Confederation of 18G1.
the Articles of C.onfedas a basis for
There were
men
in
Congress
who knew,
now knows,
fiction,
its
that such a
efficiency
five
formed
of
its
During the
years
and inadaptability
pro})o.sed it
tlie
to the needs
(juite
of the country
hut
when
first
was
con-
ii;lently supj)osed
by
the majority of
delegates to ConIt is
not
my
man
of straw; I tmly
it
is
wish to emphasize a
safe, in
government, that
not
organizing a
new frame
ment.
The
the Confederation
ica."
United States
Congress assembled.
The
States entered
common
The
80
EXAMfXATlON OF
TIIFJ
ARTICLF^R.
all
No
State was
its
own
No
State
was
United
States.
iuals
and fugitive
Avere
to be given
up,
wherever
found, by the authorities of the State in which they were found, and full faith was to be given to the records, acts,
The
State,
might determine.
to
No
six
No
nor make a treaty with any power; nor lay any duty or impost ^\hich
;iny
stii>ulations
;
in
any
own
When
dcfciisc
by a State
officers of or
Itv
be appointed
were
ie
to
proportion
the State
lo the \alue of
each State;
liut
. I
R TfOLES.
United
States.
It
was
care-
The Congress had the sole and exclusive power to declare war and to make peace; to send and to receive embassadors; to make treaties of peace; but no treaty could destroy the
right of a State to lay duties and imposts; to establish rules
for the disposition of captures
in
war
to
be the
on appeal
in all disputes
coin struck
naval
officers; to
make
government of
to
sit in
and
to bor-
row money;
to build
to agree
upon the
number
of land
make
requisitions
The consent
was
82
war; to
make
treaties; to coin
money;
to appropriate
money;
On
was required.
Every State
Avas to
all
ques-
M'ere submitted to
be inviolably observed
by every
State,
be perpetual.
in
in
alteration- at
every State.
gress
As
when every
measure of government,
atVaii-s
it
five States,
bill.
For
on
the
number
large,
and
it
Congress.
ical times.
The Confederation,
ment, set
all
precedents at
Executive, legislative,
IXUERENT WEAKNESSES.
ami
judicial
83
jjowers
were
confused,
or,
more
the
correctly
force
to lay
power
moneys
did
is
a distinguishing
mark
of
sovereign power:
it
may
dis-
The
chosen from
own
The
ineffective.
of the
the Confederation
either of
safety.
Had
the Ailicles
and
to collect taxes
and to
all
among
it
the im-
Constituted as
It
was
it
No
into opera-
It
States, as
it
man
it
may
S4
Avere
INHERENT WEAKNESSES.
amenable only
to that
There was no
refer-
Every American w
created.
is first
a citizen of his
own
;
State.
He knew
it
Of
who composed
It
The
all
to
them
it
turned for
had no power
to
compel
to
individuals to minister to
wants.
Nor had
it
power
its
own
authority expressed in
its re-
had no power
much
less to
knew nothing
knew
by the State
Ijouses.
legislatures,
jaid
They were
by the
])aid at all.
The
was merely
sjx'culative
States.
The
was
debt
commitIf
it
money
it ha,<l
it
no ability to
])ay the
if it
eoiiM emit
il
lills
of credit
nor couM
to jierroriM
attempts
If
it
work of
a real
government were
futile.
85
its
no authority to execute
it
laws
force
decrees.
States, possessing
all
Thus the
legislatures,
courts soon
discovering
in
its
weaknesses
time of
and
defects.
that
when
But
as enthusiasm died
away and
it
made
woidd decide
its fate.
Yet
this
was the
first effort
As
so
it
it
discarded
all
history and
ill,
all
precedent
in its
formation,
serious a neglect.
The
Yet
this
shadow of a national
might
Witii
all
functional contradictions
was
to foreign
powers
a re})resentative of the
new
nation.
It sent
Franklin and
Adams and
made
alliances, offensive
it
86
American
cause.
Nor was
this persuasion
made
a\
ithout
tlie
Talleyrand
tells
was despised
at
diidomatically abroad.
known
Europe
The war had continued five years before the Articles were adopted by the States, and tAvo years after their adoption
the treaty of peace was made.
critical
it is
fairs in
legisla-
con-
become more
exam-
To
the
was a
foreigji
government.
it
Members
of State legislatures
as a foreign
"
tlc
United States
Congress assembled."
No
living sold
latures soon
changed
to contempt.
A system of representation
igiiorcfl
87
New
England
States,
New
York,
New
But
tation
the Articles.
It
Congress
could not by
own
was
less
powerful than the State Assembh^, lor whose rights the war
was raging.
or obtain
If
by borrowing.
furnisli.
But the
States did not furnish these sup})lies promptly, and two years
later
failed
send.
own
defense.
found.
The
peojjle
known under
many
To be
doiibly taxed,
by
State and
When
begun
No
is
jiroblem in
a more deli-
had
disappeared
from general
circulation,
issue a
paper currency.
On
the 11th of
November
New
En-
S8
New York
some
nue to pay the interest on the funded public debt and make
jiossible future
loans.
The attempt
It
Congress should be
empowered
apportion taxes
among
to
their
number
of inhabitants,
both black
and white.
the States:
"Our embarrassments
power of coercion;
from a defect
the ])resent
States.
this
All govern-
power, however,
in
Under
The
much
of their independ-
may
By
we
shall,
1776.
89
Pennsylvania,
New
York, and
New
Jersey sub-
of
them together,
at
have so changed
])ublic opinion
throughout
powers.
Few
knew any
it
Hartford Convention.
Little concerning
can be found
But the
men
in
essential
and
fatal
had been
At
in
circidation
paper money.
A committee
uiillion
and continental
off
bills to
that
to
be struck
by Congress.
was made.
The
bills
issued
by Con-
issued
by the
States.
more were
printed, a portion of
which was
in fractional parts
of a dollar.
The
}):i])cr
in cii'culation at the
opening of the
war was the issues of the several colonies, and usually stood The issues by Congress in 1775 and 177G exhausted at par.
continental credit at home, and the continental
to depreciate.
l)ills
began
Meantime
90
the States had
helow
i)ar,
in the
market.
cre'dit,
and
State issues bore the better price, because " the United States
in
in all
Aniei'ica,
made
security for
continental issues.
The
States, on the
all
of them, except
Rhode
Island,
New
Jersey,
New
Hampshire,
and Maryland,
many
When,
be borrisk
rowed immediately, no
capitalists
was too
cent,
in
uncertain.
the market
fered six per cent, and tried a lottery, that delusive scheme
which
by which
America
of
States;
In our day,
though
outlawcfl
jtrovisions
by
nc;ii-ly
the
States
in
their constitutional
and
])y llic
lous jx'oplc in
all
Ibitthe congressional
91
The
States, liovvever,
were
relief
by
pi-omoters as
was
to raise the
amounts due
by
Avas famil-
iarly described as
In
1777
Congress made
millions,
and the
entire
amount of
issues
made
at
tlie
millions.
In 1778 Congress
to sixty-three of 1779
it
made
and a half
quarter
to
meantime continued
scarcely
their
issues,
any
value.
Con-
By
amounted
to
two hundred
forty
millions, of
millions
that
year alone.
The
made no more
ratification.
The
gress had during this time been bidding against each other
92
for public credit,
credit
There was no
tlie
])ublic
when on
requisite
number
of States were
known
On
the
first
and
it
by
it
Avar that
legislatures,
it
It
was
at Philadelphia;
mob
t
of
plowboys drove
it
At Nassau
it
Hall
it
resumed
its
members on
was
at
ine()nse(|nen-
subjects,
adjourned to assemble at
Annapolis.
was
at Trenton;
it
it
New
York;
it
had
b(!en in Lancaster;
notice, at the
slightest sign of
danger to
members,
in the
most obscure
of every
to
suggestion of authority.
lu<) things
IIaj)pily,
do
it
could
riui.
by the
by reason
of
tlie selfish
now more
treaties
clearly understood
whom
conld be
made and
to
whom moneys
could be loaned.
No
swift. steam-shi[t
93
the
minister of foreign
aft'airs
at
Versailles or at
aflKiirs,
or the treaties
loaned.
wouW
made
or the
moneys
The
and
by
Instead of costing
two and a
than
tlie
war had
cost one
hundred and
little
forty millions a
sum
its
of
money
representing but
more
present time on
bonded
debt.
By
still
due seemed
is less is
but one
city
New
The adminis-
judged as wise or
in
foolish,
made no
form of public
securities
New York
or Phila-
delphia.
It
was far
different in 1784.
for that year
;
To meet
live
United States
about
hundred
and for
and
fifty-eight
on the
puljlic
94
million dollars.
AN APPEAL FOR
To
raise this
LIFE.
the States that they cede their western lands and grant Congress the
Ii
power
to pass a tariff
])ill
and to
collect customs.
im[)ost should be
own
ports.
would
States, Virginia
proposition
was
helj^less; ruin
tional degradation
by Maryland,
;
And
this neg-
was
at a
most
American
ex-
credit abroad
hausted.
American
human
efforts
John Adams raised a small additional loan more money could be obtained save
Ibjlland; but no
at such
ruinous rates of interest that even Congress dared not promise to j)ay
them.
till
live.
;
FINANCIAL CONSTITUTIONS.
with a craze for printing
i)ai)er
95
issues
death
made
counterfeits almost
in
as
some
busi-
])arts of
the necessaries of
all
ness
incident
still
to
a disordered
it
legislatures
were
gress,
debating whether
was expedient
to give to
Con-
now seems
so easy of solution
legislators of that
day than
it
The question Avhich was far more dirticult to the might now seem to be. The
its
j)owers
in de-
wisely,
if
action be judged
by modern experience,
termining
The proband
difficult one,
was one
in the
conduct of goverinnent.
nor yet,
still
in the
nineteenth centit
be
among
men
government
come when
financial
constitutions
men
But
as political constitutions
of
than used.
96
sition of
men and non-tariff men, pajier-money men Some claimed that trade should be
;
that
if
such
squander
it
as
it
had
The
commerce
was
at the
and, as every
body knew,
"^i'lie
bitter expei'ience
He
Trade Convention
Xew York
liad
made
the Confederation
;
would
l>osl(ii
nicrchiuils
was
The
tral
nation was
Cfiii
l)ankiii[)t.
tlie
The
jiresses liad
fused
No
cen-
authority existeil.
97
Amid
such prostration of
might seem
would continue
but opposition,
It
opposition to a
remedy
was affirmed
had no right
be willing to obey
was
of
said,
its
New
in the
somewhat
the North.
chants, "
same conclusion
as
we
consumers and
we
shall
by the
conflicting laws of
will
many
States;
smuggling
will
" If Congress
"we
shall
no longer be
points,
and the
The
common
of
supporters of the
regulation
commerce should be
despair.
given
ujj to
On
the 15th
98
own number to take into consideration the state of the Union made its repoi't. Perhaps no more melancholy and discouraging report ever came from a committee of Congress. The States had failed to come up to their requisitions. The public
embarrassments were daily increasing.
It
had
ar-
rived
when
by maintaining
the public
faith at
home and
and
At
itself
their agents in
state of trade
To England, Temple
is
"The
now
at a stand-still."
To
to
Confederation
its
or to give to Congress
means proportional
wants.
as a nation
crisis
(
all
its
the present
'on federation."
to
On the 12th of No\ rniber following, Washington wrote Thomas Johnson, who ten years before had moved Wash-
99
appointment
to the
command
want of energy
in the federal
one State and parts of States against another, and the com-
politics
and
A A
step or
week
later
David Stuart
eral
sity.
"
However
appear,
system
may
it is
work
is
of indispensable neces-
The
is
present Constitution
tottering to
in
its
:
inadequate
the
super-
structure
will
its
bury us
ruins."
On
affairs
Edmund Randolph
awful
crisis."
"
Our
seem
to be
drawing to an
summed
the necessity
enough
ment of debts"
that
is,
empow-
The
evils
by continuous
industrial
credit.
The rage
more
afresh and
Legislators responded
paper money.
men
Avere
New
also
York,
New
Jersey,
Rhode
its
Island,
New
mont
They
attempted to enforce
by
law.
The famous
100
forcing act of
Trevett
vs.
But
this decision of a
commonly
New
England and
in
The
creat-
pay money
also.
Af-
became common.
Armed mobs
interrupted or pre-
In Massachusetts a reign of
known
as Shays' Rebellion,
in his letter to
Washington
among by the
men maddened
and the
courts.
The
ernors of
Rhode
who
secretly connived
was presented
to
earlier
As
if
Forge.
Tax-collectors returned
men as The
ahnost
their
tax deliiuiuents
(;ounlry, as
letter,
Washington had
Xcwlxirg
in
years bef<;re,
jMiople
"was
left
I))'
were learning
TO RAY.
101
tlie
from
extreme
power
is
most
easily established
abused by licentiousness."
this general
The
If
by
" Interfer-
evils wdiich
above
all
new
Constitution."
found
it difficult
delegates to Congress.
No
office attract
the
great leaders
duties,
it
brought neither
fame, congenial
The
To New Jersey
its
it
w^as reserved to
life.
break the
last
and
sixty-six
thousand
dollars.
Congress sent
committee
New
Jersey legislature.
helplessness.
cles of Confederation,
having received
months only
it
for a single
it
102
common
mo-
expired forever.
As
later,
cate in
James Madison.
debts
The
tlie
planters knew, as
knew
the
they knew
begun
and ordinary
in a short time,
could
tell,
lawful
last
Madison, on the
He
began
origin,
perhaps
which passed
impulse
tliat
in the Constitutional
Convention of 1V8V.
lU'twecn Maryland
tlu'
iiud
It
boundary
line.
103
its
by the laws
of
constantly evaded
by smugglers, who
in
succeeded in
from Virginia, or
Each State had long accused the other of harboring smugglers, and complaints had been brought repeatedly before
the two legislatures.
As
early as 1784
a joint commission
ascertaining
tlie
commerce of the
into the
wei-e
Three commissioners
by Maryland, and
at Alexandria
;
in
Washington.
As
the commissioners
many
powers to
inter-
ested in the
commerce
was
to the
advan-
beneficial to Pennsylvania
and
Delaware
If to four States,
why
?
ment
Union
Washington
self-evident
;
said to
The
proposition
is
we
are
we
us in
all
104
lias
commerce an abortion
issue.
or a
manynot
headed monster
will
be the
If
we
consider ourselves or
jjeople,
it
why
If
we
are afraid to
is
union."
in the
mind
of
many
thoughtful
men
While yet
at
Mount Vernon
tered
by
the
Potomac
next
3^ear.
Maryland
Delaware
to participate in this
common commercial
policy.
way
all
extending
its
copy to
to
Trade Convention
September, 1786.
at Annapolis
in
The
spirit of
tlie
legislators.
^vas
Madison, ad-
vocating the cause of the Virginia planters, and of the merchants of Boston as well,
who
met
trade and
empowered to take into consideration the commence of the whole country, and that Congress
commerce.
THE rAMniLETEERS.
105
On
Congfress aflbrds the States " a >limi)se of the fatal and inevitable consequences of bankru})tcy,
and
it
declares to the
it is it
engagements which
ents.
made
in the
All
its
members
all in
their
some
articles
money and
augment-
The
obscure.
them again
in
newspaper
articles
American
political classic.
than Publius, for Cato and Camillus, Plain Farmer and Cincinnatus wrote also.
Even
examine
was too
late,
The
Federalist.
106
tliey liad
mortem
what
parallels
ijolitical
The
interests of trade, of
national
time in America
assuming a pronounced
political character.
The whole
nat-
than of the
])rinci[)les
of government.
met
at Annapolis in September,
into
prolonged con-
country.
gates, nor
Little
was a
single
to
New
meet and
Ilaniillon
:idj(jurning
Madison and
all
adopted
days.
b^- tlie
Convent
urged
discussion lasting
two
of
'J'lic
rc]>oil
tliat
those confcii-cd on
tion, should
ilic
delegates to
Annapolis Conven-
be
ealle(l to
meet
in i'hiladelpliia
on the second
Monday
tlie
of
May,
IVHT.
were sent to
States,
THE ORDINANCE OF
Again Virginia took the
lead,
1787.
107
brought
in
by Madison,
that the State should send delegates to the proposed Constitutional Convention.
The
first
delegate chosen
by any
State
citizen,
Madison
and
his services
of
any
delegate on the
floor.
speedily
by
New
Jersey, Pennsylvania,
Delaware, Nortli
21st of February, on
also
gave
its
Rhode
On
the
14th of
House
won
in
a just fame.
At
New York,
passed an ordinance
forever prohibited."
in
was
set aside
by
Dred Scott
lOS
peared at
in the
smoke
of battle.
This boundary
lu'-
grew
l^eople of the
found in
work of the Constitutional Convention was done and the Constitution of the United States was made, it was
the
When
it
Congress
who
did
of obstruc-
On
new
rejection,
made known
It
to
was
left for
way
new
fixed
Wednesday
in
Wednesday
in
Feb-
ruary as the time for the meeting of the electors and the
choice of a President of
the United States, and the
first
Wednesday
tion sliould
March as the day when the new Constitubecome the sui>reme law of the land and tlie
of
President-elect should be
inaugurated.
Five Aveeks
later,
when
tlie
FAILED.
109
came
to an end.
found in
its
to regulate
commerce.
legislatures.
l)y
the State
h;ul
tlic
gone on
in
possession of the taxing power, and the king had l)een van-
quished.
gle
was continued
was vanquished.
ued
in a
And when
peace was
new
time in
as essential to
the perfection of
the local
system represented by
by the
at
Confederation.
assemblies
all
not their
was not
how
a national
government should be
organized, Avhen, in 1776, their representatives in the Continental Congress brought in that report which constituted the Articles of the Confederation.
national
government
way toward a more perfect Union. The august powers of a supreme law must be exercised before the creation of a
national
government could be
possible.
double system,
110
local
aljrupt
safetj^'s
sake.
to he inaugurated
by the continuation
States.
Ill
CHAPTER
III.
When
that
it
When
New York
gress
made
a third
power
twelve
to regulate trade
States consented,
New York
Had
again
refused.
Mindful of these
failures, the
amend
doubtless the effort would have shared the fate of the earlier
call
is
American
history.
112
THE
JI
EX CHOSEN.
in-
From
fluential
man
in
America
James Madison,
member
of
the
to serve
under the
mem-
state,
and twice
as President
Edmund
State and
tlie
first
John
graduate of William
later an associate
Supreme Court
George
United
judge
in his State,
and the
legal preceptor of
two Presidents
;
and of one
chief-justice of
and James
when Patrick
his
Henry declined
New
once United
States
senator;
the
youngest man
mem-
fifth
signer of the
113
member
of
member
of the of the
1787, afterward
three times
New York
the court of St. James; and Caleb Strong, a graduate of Harvard, one of the framers of the constitution of his State, one
of
its first
its
governor.
From
Connecticut in England
in
colonial
days,
the friend
of
Samuel Johnson,
chief-justice
first
of his State,
member
of the
Continental Congress,
State,
came Roger
man
M'ho
is
distinguished as a signer of
United which
States.
He began
as a shoe-
abilities
he became chief-jus-
member
of Congress; and
by Washington, and,
later,
minister to the
court of France.
New York
114
as a member of the provincial Congresses of his who afterward became its cliief-justice; John Lansing, a member of the old Congress, and afterward the sucTo cessor of Robert Yates as chief -justice of the State. Lansing and Yates, who opposed the new Constitution and left the Convention, we are indebted for vahiable notes on
had served
State and
tlie
Ablest of the
in the
New York
mind
who had
served
legisla-
as aid-de-camp to
by
his colleagues,
he
Afterward, as
fii-st
secre-
and
it
sprang upon
its feet."
To Madison
New
Yale, a
member
in
Congress,
State,
afterward
her
by Washington a
justice
of
tlie
Su])reine
Court of the
member
House of Representa-
115
no State could
l)oast of
by Pennsylvania.
Foremost
He
American of
his
century
who was
In science, in
all
men he
is still
save Washington.
influential
in the
As
delegation,
rea-
presence and
l^y
his
inexhaustible good
so
humor and
that
it
practical
great
may
Mifflin,
member
to
his State;
delegate
Declaration,
first
Bank
of
the
mous merchant
universities
and
tiie
Wash-
116
New
It
its
United States
form, because
his style,
and elegance of
member
of the
Trade Convention
a delegate to the
at
Annap-
of his State;
Gunning Bedford,
judge of
Assembly
court
for
and
to Congress,
first
ton as the
member
The
of the
Supreme Coun-
and
From Maryland the delegates were James McHenry, a member of Washington's military family, of the Senate of
Maryland and
al'lci
of
llic
ward
secret ary of
St.
Thomas
Jenifer, of
tlie (\)un('il
gate to Congi-ess, a
member
by
Maryland
movement which
1 1
and afU'i-ward,
as
member
tlut
missioiiers that
located
capital of
of
by the people of
his State;
he was afterward a
and, like Yates and Lansing, he not only opposed the Constitution, but
its
members from
to posterity as
whose
letters
Convention are to
But
lie is
better
known
Aaron Burr
meager
hospitality of Burr.
govei-no-r,
and afterward
United States senator; William Richard Davie, also a graduate of Princeton, afterward governor of his State, and en-
voy
to
member
House
of
Commons
in
is
member
of Congress
not a
civil
officer;
118
Hugh
in that institution,
one of the
Americans
in
London examined by
member
of the
From South
cery, appointed
by Washington a
justice of the
Supreme
Court of the United States, chief -justice of his State, and appointed chief-justice of the United States; Charles Cotes-
at Oxford,
Butli'r, also
first
United States
Few,
like so
(
many
of his col-
'ontiiu'Utal
Congress;
New
and some
1 1
which
lie
member
of the
House of Representatives, and United States senator; William Houston and William Pierce, both of
whom
had been
delegates,
By
these fifty-five
men
at
and
were present.
The
able
delegates
who
work
of
body
many
of
fresh
how
in
to
On
the 25th of
May, 1787,
House
chair.
in Philadelphia, a
Three
days
120
was not
fifty
From
the journal,
from
and from
Madison's notes, from the letters of memlx>rs of the Convention written at the time, or
from
their letters
and conversa-
by
and
made
obtained.
On
opened the
the Convention
by presenting
fifteen
It is
known
revision.
The executive should be chosen by the legislatures and be The legislature should consist of ineligible for re-election.
two branches, should possess a veto power on all laAvs contrary to the ncAV Constitution, and should have poAver to
coerce a refractory State.
Members
of the
first legislative
first
branch
members
of
tlie
ulation
Stat(!
liS'
I
and
tlie
should bear.
iialioiial
The
Ik:
legislature.
A
tlu;
THE FLAX
revise
IS- DISCUSSED.
121
the
laws before
lliey
Avent
tlie
into operation.
New
boundaries.
which
little
is
known.
On
tlie
fortnight longer, the details of the Virginia plan were discussed, resolution
by
resolution.
ment
of
members
it
of one house.
On
It
should be triple;
should be a committee;
it
by both branches by
by the governors of
the States;
by the
State legislatures;
by
electors;
by the
people
directly.
It
By
this
Unanimity
raj^idly disappeared.
The Convention
apart
by a
122
sectional
spirit.
THE
From
men
fell
to
wrangling.
any change
Confederation.
The North
were great
if
a Constitution was to be
framed
at all
on slavery and
The
government with
based
ture
on population.
The
in
small
States
were
New
the
Jersey,
New
principle
of representation
At
this critical
ilooi-.
movement New
its
Jersey, led
took the
tion Avas
going beyond
powers.
It
had assembled
was good.
The
of representation
basis for
amendment.
Poj)ular i-epresentation
or re])resentation- ac-
New
123
To
Patoivson's objections
tlie
tlic
other
(bial
man Ly nature sovereign and equal to every man; but when civil government is formed the indiviwas
evei-y
must
It
was
national
formed
if
Government
It
is
was the
equit-
An
among
Congress.
The
ratio
was known
To
this
The great
States
was
to be according to ]iopulation.
satisfied.
States were
by no means
conferred together.
By
it
was thought by many that a day should be named for considering the report,
attention of the
the
New Jersey
Congress was to
house,
empowered
to regulate trade
and
to require
by Congress upon
request of
There should be a
; 24
supeme
This Con-
treaties
made nnder
it
were to he
all
were
to
make
oath of allegiance.
it
In support of this
plan
its
was
strictly
according to
amended them
in
if
To
the States.
New
Jersey plan, or go
home and
make
floor.
New
Jer-
hy
the
New
sented;
hy the Virginia
plan,
By
the
New
By
the
hy the Virginia plan the national legislature could veto lh(> laws of the States. Madison pointed out, in defense of (lie \'ii-ginia plan, of which he was prohably the
author, lliat fcderalion
aiilliiiritv
tlu^
Ni'W Jersey
i)lan
were
w:is
\
substantially
tlie
The
it
national
e(|ii;illv
weak hy
its
either pluu;
it
could not
its
punish
fill-
idl.ilions uf
laws;
HAMILTON'S IDEAS.
treaties; it could
12b
rights of another;
nor guarantee a republican form of govei'ninent to the State nor provide for the
adoption of the
common
defense.
In no respect
by the
New
At
this
New
Jersey
jilaus,
and presented
briefly
and
clearly his
own
ideas of
what the
lie
was then
just thirty
and persuasive
niox'e,
in his speech.
were
lie
He
Senate; the
thi'ee
electors
members of Assembly chosen by the people fur members for the Senate to be elected by chosen by the people, to serve during good behavior.
to serve during
electors.
once begun; to
of the
make
treaties
own
The
State
126
were to be void.
appointed by
tlie
States were to be
national government.
aftei'
Hamilton's notions
The Convention then returned to the Virginia and plans. The Virginia plan Avas the germ of the Jersey New
national idea; the
State sovereignty.
ei'nniL'nt
New Jersey plan was essentially that of New Jersey advocated a general govgovernment
Whole
reported
in
The great
had again
of the
made
New
fortii
Jersey party,
some
the
places.
During the
Sliould
national
legislature
two houses?
?
Should
its
members be twenty-five
?
Should
of
representation.
'I'hcn
and
thei'c
came
which
i'cc<rii(iliation
seemi-d impossible.
the
on
it
tlic
Jii
States as soverei'^iis;
national
imlividiials.
The
little
States exclaimed
their
127
po[)ular repre-
and
liberties
would be swallowed up by
The
great States replied that there was greater danger to themselves than to the small States, because
it
Moreovei",
there
larger States.
Their
interests
would the
little
The
complaint.
affirmations,
At
party of
made a
rights
projjosition
ideas
the
V
State
ideas and
the ideas of
Virginia plan
let
one house
in
New
Jersey
To
compromise,
listen;
New
Jersey,
New
York, and
threats
of
secession,
and
eleven,
128'
had come.
Tlieii
Franklin acted
tlie
Connectiit.
was
eacli
at last
brought
in,
was
consi<lered,
and was
agreed to
branch for
For
money
bills
should orig'inate
could not be
bills
amended
taken.
in
The
decision was
The
compromise
the
Constitution
was
made.
Two
was taken,
representation.
lower house at one representative to forty thousand inhabitants did not satisfy
Population,
The
genei'al
system was
safer.
di'termine
census.
rule
of
representation
familiar to
Randolph proposed a
New York
and to Massachusetts,
was
a census
Itrought
(lifliculties
to light.
diflicult
to
classify.
Were
They were
propi'rty,
and
by testament.
To some
delegates h\nn
tlie
CONVENTION.
129
seciiu'd that
tlie
North.
They should be
and
not as persons.
To the Southern
sons and property, and as persons they should have re[)resentation in the
government about
to be established.
Hugh
Upon
The
di-
all
other persons.
line.
this
The
division
Massachusetts,
Pennsylvania, and
New
all.
not be represented at
New
York, had
;
left the
Hamil-
and
member
ginia,
ill
of the Convention.
The compi'omise on
sevei-al
promise, Massachusetts and Virginia both having representation in their u})[)er house
by
districts,
and
in their
lower house
by popular
tation
vote.
slave represen-
them was he
represented,
130
SLAVERY.
industrial,
but not a
political, factor;
government slavery
at once
and
jiolitical characteristics.
The
and
prt)perty,
be founded
new
di-
labor.
Lands rose
its
and
imports
depended
As
protect property,
making
it,
slaves
the whites.
The opponents
in the Soutli a
number
more,
number
of his slaves.
;
The denuind
it
Avas
American governments,
man.
of
Between
men had
i-isen
as a
(f
party of compromise, so
now
compromise.
wliitc
The negro
slave
to the frei-
and should,
T.
1 :j 1
provisiuu in
tlie
was as near
riglit as
eould
Ije niaile,
tlie
Perhaps,
was a State
might be repre-
way
on the
floor
No
It
But an
and
at the
it
would not
The
Rhode
would imt
to the Convention.
New York
now
Avas
North Carolina
Cer-
if
framed, adopted.
compromise on
six
must be made.
in the
There were
Southern
Convention.
satisfied
If the
South
was
satisfied the
North should be
A compromise
132
THE OHDIXANCE OF
1787.
tliut
Confederation, in session in
New York,
week, and almost at the same time, the question on which the
fate of the
Union depended
in 1787,
it
The
report of the
Avas
on the
whole
report.
The
The
small States
because
it
gave them
e(pial rejircsentation in
the Senate.
lina
and Geoi'gia for the same reason, and voted against the
"^'lie
report.
vote of Massachusetts was lost because GorAvould not consent that the
new government
'J"'he
on slavery.
fate of the
and
tlui
report })assed
votes to four.
The second
comin-oniisi'
was made.
by At
five
this
lime
The
THE COMMITTEE OF
to
FIVE.
133
to seek
admission.
The
from
work on
tlie
judges; on
John Rutledge.
When
James Wilson, Edmund Randolph, and the 6th of August came and the Con-
member had
Constitution.
It differed
to
which we
afterward amended.
for a
He was
"His Excellency."
He might
trial
be imshould
He
American.
The
if
draft
said
nothing of a Vice-President.
Members
them, and
sent
under the
United States he must have been out of the Senate one whole
year.
bills of credit,
could choose
b}^
United
134
Each State
by a commission chosen,
in a
cumber-
States.
But
much
of
tlie
Constitution as
we know
it
can be found
in this
As soon
made
of
as the draft
of revision began.
By
was
"The
Peoj^le of the
America" took the place of "AYe the people of the The title " His Excellency " for the President was States."
dropped.
as consisting of
two
all
the provisions in
report
to lay
the Constitution, as
of
tlie
and
in
collect taxes
sitioii,
tli.il
man
in
the Convention
a national
\v(juld
New
York.
Anu^iulnu'iils to
tlie ])()wers
i)ro-
135
a university
to encoui'age the
edge; to
home
affairs,
But
tliere
in the draft
hostility
was endangered.
One
a navigation act.
The other section forbade Congress to pass To organize a government without the
power
to tax exports was an innovation in political history. Every nation of the world from time immemorial had taxed
the products of
to send away. a
its soil
which any of
its
inhabitants presumed
To
maxim
in the old
economy.
And
only two
136
DTVIFHON OX SLAVERY.
.State
every other
shave
traffic.
tlie
whole
bal-
Their
and their
indigo-fields
never confederate
if
Again the Convention divided on the slave question. ConNorth Carolina in the demand
The
old Confederation
had not intermeddled with slavery; Avhy should the new? The slave-pens at ]Srew2:)ort were a source of wealth as well as
the indigo-fields of Georgia or the corn-fields of Pennsylvania.
To
must be
for they
knew
were on their
feet,
presented were based on other grounds than that of the immorality of the slave-trade.
New England was more prosperous than Georgia; Georgia had slaves, New England had none, therefore Georgia w^as less prosperous than New England because she had slaves.
thrift, of
the land of slavery, and the land of prosperity was the land
of freedom.
But there
in
Convention
in
America without
"N'crmonl and in
DEBATE!^ ON SLAVERY.
Society of Friends.
of
137
New England
as
on slavery as a producer of
As
jjolitical factor.
As
it
a political
in the
now
dictated
The
Maryland
slaves, the
new
States of the
s})eedily
reduce these
new
free whites
and three
The
princij)les of
American
ernment defeated.
To any
on the
suggestion of
opposition to
slaveiy
politics,
no Union at
all.
13S
A COMPROMISE POSSIBLE.
of
tlie
making
the importation
in-
some
of the
Northern States
if
the
third compro-
To
navigation
first
act.
section
was
section
was distasteful
the North.
compromise was
On
portation of slaves until the year ISOO, and the South agreed
to give Congress
power
Upon
re-
was changed to
demanded a longer time, and 1800 180S; and also, upon further debate, to please
l)e
passed
But on
later re-
was modified,
was
The
thus made.
]tast.
Its
com-
and on the
last
day of
tlie
month
the
lime
till
till-
draft was
gi\J'ii
over
to a
committee
<n
arrangement and
139
week
later this
committee brought
The
he revised
it,
was
and
it
was prefixed
general introduction.
The Constitution thus made pleased no member in all Some said its details, and numerous criticisms were heard.
that they could not sign
it
him
its
The Convention
Franklin saw
its
own
creation.
it.
He
prepared on
Sunday a
it
for him.
Perhaps
this speech
gave
am
by
not sure that I shall never approve them; for, having lived
long, I have experienced
many
I once
found to be otherwise.
the raoi'c apt I
respect to the
grow
as
IW
HE TELLS A
STORY.
of
all
truth,
differ
from them
it
is
so far error.
difference
the Church
is
Rome
is
infallible
never
in
the wrong.'
as highly of their
But though many private persons think almost own infallibility as that of their sect few
French lady who
in a dis-
express
it
so naturally as a certain
'I
don't
know how
raison.'
it is
happens,
always
in
right
il
n'y a que
and there
is
no form of governif
well ad-
and
be
Avhen the
I doubt, too,
whether
any other Convention we can obtain may be able to make a better Constitution. For when you assemble a number of
men
to
in-
men
all
o2)inion, their
and
From
?
production be expected
tliis
me
to find
does; and
think that
will
who
are waiting
FliAXKLIiY'S SrKEClL
141
Thus
I consent to
I
am
of
it is
The
have never
one of us
he has had to
of them,
})artisans in
support
we might prevent
all
tlie
thereby lose
among
real
among Much of
o[)inion
ourselves,
from our
or apparent unanimity.
gov-
our
own
sakes as a part
we
shall act
recommending
this Constitution
having
it
well ad-
On
it
member
who may
still
have oblittle
would with me on
this occasion
doubt a
of
own infallibility, and, to make manifest our unanimity, put his name to the instrument,"
142
Madison
of
and, that
it
it
success,
had put
into
was
''
this
in
now moved:
Done
present, the
In witness whereof
we have hereunto
Washington
i)ut
it
the
might
be carried.
stitution
last
name
first.
The twelve
order, be-
came forward
in their geographical
ginning with
New
The
secretary,
who
that
Washington the
pap(.'rs
from the
floor,
and
Iiis
own
table.
for
hos(!
j'ccoi'ds V
Si.xiccii
New York.
143
As one by one
desk, Franklin,
delegates from
all
to the secretary's
beaming with
difficult to
"I
have often and often in the course of the session," said he,
"
amid the
solicitude of
my
to its issue,
tell
whether
that
it is
it
was
rising or setting.
But now
at length I
know
a rising,
and not a
setting, sun."
When
vention.
the signing
was over there was a hush in the ConThe Constitution of the United States was made.
in session till
in farewell,
and then
adjourned, never
meet again.
On
New York
new
Consti-
and Washington's
his Avay the
broadsides
hastily
Two
it
days later
it
was
and on
the 21st
was published
notes
in the
New York
papers.
To Madison's
we
knowledge of the
The
Yates's
early in
144 July.
into
tlie
An
entry hy Franklin
Convention.
how the Constitution was made. The Constitution was not framed
hers of
in
tlie
at a single stroke.
It
was
The mera-
in
The
partments
executive,
in
all
legislative,
was
com-
mon
of
to
that
the
States.
is
any of the
States.
To
Avare,
New
Ham])shire the
title
was
familiar,
and
it
was the
of
also
descriptive of a national
The
title
"Senate"
to
was familiar
the people
of
Virginia,
New
and
York,
Massachusetts,
New
Connecticut,
house, "the
in
]{ho(lc Island;
and
House
the four
New
a})-
England
Slates,
'i'liat
tlie
IV'deral
judges should be
|M)inted ly the
I'lcsident,
;i
Senate, foUnwcil
the
*Sou
I'llilicm
1882.
145
of the
The-two
yeur.s'
Utiu uf
by
was
New
and Delaware.
New York
message and
Perhai)s
it
representation
State
in
the House.
The
])rovision
money
bills
may be
of Massachusetts
and
New
made
Hampshire.
The powers
of Con-
by
State constitutions, or
by
powers
of the
granted to executives
His
command
army and the navy had precedent in all the States except Rhode Island, and his pardoning power in all the States except Rhode Island and Connecticut. His power to nominate civil and military officers, subject to the action of the
Senate, followed
the
constitution
of
New
power
to
fill
The
office of
New
New
146
lie.
succession of
of President.
The method
of
by
purpose had
its
original in Marj^land,
two persons
" be electors of the Senate " and " the electors of the Senate " chose by ballot, either out of their own body or the body
of
the people at
large,
fifteen
senators."
Upon
all
critical
of
tlie
admin-
But there
of the Con-
in the
work
The
to be ordained
States.
made
in
accordance with
was
to be the
United States
citizenship, distinct
it
from State
citizenship,
was
created,
and
was
free
from
all
States, a
of
tlie
States.
tal)lislu'd, tlie
and
territoi-ies
and to regulate
to jircn'ide for
was given
to Congress.
The authority
the
common
all
welfare, and to
make
all
powers
Avas vested
by the Constitu-
United States.
THE NATION'S
NEW
CAREER.
147
By
from
history,
to
148
OPPOSITION IN CONGRESS.
CHAPTER
HOW THE
IV.
LAW OF THE
The
opposition to
began
there.
when Kor did those members of the members of Congress, and who
seem able to stem the
in
ris-
to their seats,
Every delegate
Congress from
New York
was opposed
to the Constitution,
})eared a sufticient
States to.
make
the
adojition of the
^riiat
New
new
many
members
No government
To
this
form of
could
Xew
had consented
and
it
work
of the Convention.
8t'})tc'm-
bcr he Ijrought
bill
long
list
of jiroposcd
amendments and
to tht>
in
the
inst i-iuncnf
He
specially
oIijccti'(l
pi-ovision
for a \'ir(-l*rcsi<l('nt;
149
the
have power
commerce, and
But
to consider
re-
these objections
was
Congress
new
Constitution,
it
was moved
whom
should be submitted to
its
To
was
the
amended by the
friends of the
New
who added
by them submitted
to a convention of
was
in
Congress and
two
The
names of these
Anti-Federalists.
parties
parties, the
first
political parties in
our na-
was
two
On
ists
proval of
it;
the Constitution in
of Congress.
150
By
v.'as
The Pennsylvania
legislature
was the
first
to act.
Eleven
Commonwealth
Philadelphia, with
in its
fare of the city, but in the country less interest Avas taken
in
the
movement
The
They emphasized
The
Commonwealth.
To approve
of the
new
two chambers
their
in its legis-
presidential electors,
tution.
li.nl
was
to
condemn
own
State consti-
l>ut the
already taken
initiative.
its
'^Phe
to
adjourn sine
llrst 'I'liesday
die, an<l
of the next
November.
ex)eeted
to
win
in
enough mendters
to prevent calling a
151
way
l]ut tliey
were out-maneu-
vered.
Convention, whei'c,
scribed his
less
name
to the Constitution.
He knew
it
the plan of
rising in hin
legisla-
by
The
Clymer, they
officially laid
said,
by parliamentary
rules
it
To
it
this the
Federalists replied
by
was put
The House
away from the Assembly and so prevent all proceedings. Without the nineteen the House lacked two of a quorum,
at four o'clock the Housifr
and when
foi"ty-five
was
members answered
to their names.
was instructed
till
next morning.
The
aflair
The
coffee-houses were
full of
ular hatred.
acted.
By
they were boldly seized; they were dragged to the State House
they were held fast
their seats; a
152
fiiul
20th of November.
Then
the
ob-
the obstructionists
had
niiseral)ly failed.
The campaign
Avith
in Pennsylvania,
begun
in the legislature
same
The
activity.
and Cato
edified
pens.
Let well enough alone, was the burden of one arguI'he Confederation
is
ment.
well enough.
It
all
has managed
(he -war
Nearly
are
plained
by the
Federalists
due
to
extravagance
among
])lainly
the people.
And
was
it
not
an odious consi)iracy against the liberties of the counCertainly there had not be(!n
try ?
much agreement among home angry; others had refused who had gone home or liad refused to sign
country as others
the document.
who wow
siirninir
James
I
W'ilson
was only a
shai'i*
lie
rich
man"'s friend.
To
Jb\deral
Farmer
(housands of
Tlu;
Farmer
this
admitted (hat a
lii(,
reforiiial
was
iici'ded in
lie
Coiifederadon,
ei'i/.e<l
aris(,ocraey
and icnl
eliaracl
158
New
And Lee
proceeded
to lay
down
the doctrines
of State rights,
Wilson replied
and vin-
ber,
which remains,
dication
of the Constitution
made
in
single speech
by
He reviewed
its fate in
the Constitution in a
the eastern part of the
speeches merely.
Public opinion
in Philadelpliia
over
six-
event
by a vote of
forty-six to
Then the city again gave itself up to demjoy. At Trenton, on the 18th of the month,
New Jersey
Convention adopted
had
ratified,
the
first
national legislature
compromise on representation in the was agreed to. But as the news traveled
it
Federalists were
some
places, as in
As the compromise on representation broke the force of much expected opposition in the small States of the North
134
to
To Massachusetts
tlie
in
Affairs in
The
east-
wei-e
and the
malcontents
and
were Antibelonged to
Fedei'alists.
Maine
"was then
a district and
Massachusetts, and
its
own
the Constitution
vain, opposed
was adopted
ratification.
would be
in
home
element in
The towns were jealous of the General Court of the ^tate, and would be more jealous of a national legislature. To
delegate such ])owers to Congress as some said were dele-
new Constitution was to encourage des])()tism. At least some men feared so, and among those who feared was Samuel Adams, the most influential man in the Comgated by this
iiKiiiw calth.
men
as
Samuel iVdanis
and
.Iiiliii
155
liu.^Llly
to conclusions.
The
Anti-Federalists
in
Massachustill
But fromtiie
sea-coast
towns nearly
'Ian.
New
The
Adams
dif-
liimself
Commonwealth.
Federalists in-
who
by the
national legislature.
On
was
month
fifty-five in
called in
any
State, entered
There
est
man
and
fine laces.
There
sat
to
make
the
New
Plan.
There
known
as a great
known
as a great orator.
repre-
many
}tlain
farm-
with practical
New
So large a Conven-
man
clause.
itself
who Lad
not been
156
chosen one of
members.
It
test to
is
plainly
shown
in
tlie
Many
Unrestricted control
was an
in-
centive to tyranny.
too, in
making
the
President commander-in-chief of
What
ship?
Nor
existence of
its
officers.
it
Convention objected to
on
of
or,
two
classes, the
by another
and
tlie
leai'ued
if
and
tlie
aristocratic
farmers opposed
it,
and
it
is
now
evident
tliat
Constitution being
being.
numbers on
tlie
one side
put
of
'I'lie
i'ariners
were Anti-
I*'edei:il,
157
of bribery.
last that
The Con-
center.
At
was discovered
which eveiy body had long known, that one man's opinion
would decide the vote of the Convention, and that one man
He had came up
to the
Convention an
But
it
was
also
known
made up
his
mind
but
it
and
of
in this Avay:
At
the Green
of
support
these resolutions to
Adams.
The
})lan
by
number
of
Adams had
At
still stirs
it,
Adams
"
and inquired:
How many
sir,
"More,
Revere.
"
And where
were the
rest,
Mr. Revere
"
in the street ?
Adams,
like Lincoln,
people.
He changed
in the
his opinions
ored ratification.
When,
158
of membeisliip of the
Caleb Strong
why
the Convention
made
was annual,
Adams
near
]Mr.
"I am
satisfied."
Federalist
sitting
Adams said: "Will Mr. Adams kindly say am satisfied," he re^Jeated; and no further
clause
that again?"
"I
objection on that
was made.
AVhen
it
the
On
the
(3th
of
that
Avas taken
ten
amendments were
pro-
ratified.
Massachusetts Avas
Her
action
The
New
The Anti-Federal-
mails.
were the
rnc e\]iIanatioii.
recpiisite
immber of
States liad
THE CONSTITUriUX IN
NEW UAMPSHIKE.
among
its friends.
159
New
like
Massachusetts
New Plan,
it
vention,
Thus
far,
however,
the
lilast
when
shire
it
of February
New Hamp-
had assembled
Convention
at
But
New
along
coast;
no great
cities
and the
government.
in
eralists in the
vote,
adjournment
the
third
ratification
Wednesday in June, by which time they hoped that by other States would either make the number
adopt the Constitution without
sufficient to
The adjournment
the Anti-Federalists.
had not yet acted, and specially into Maryland, which had called
its
Maryland held
senti-
oj^posite of those in
Penn-
in
Maryland the
it.
the
New
Roof.
160
CAJioL/XA IlATfFV.
new Contlie
and the
pronouneed friends of
new government.
devise delays, to
s[)eeches, to
failed.
The
vote was cast on the 25th of the month, and the (juestion of
ratification
To
the
Constitution thus
the
minority })roposed
twenty-eight amendments.
Great was the joy of the Federalists when the news came
from Maryland.
was
tlie
There were
many
more
in the State,
regulation of trade
States
had
ships, the
by a national government. The Eastern Southern States had goods; the excluStates.
sive control
But these
who persuaded
manner.
the Con-
On
the 23d
month
(he ballot
ol'
was
cast,
ratified
by a vole
With
llic vol(!
of ratitication
was sent
uj)
insisted
in
.I
on by the minority.
Weeks
New
England, and on
17th of
line, llic
duy of
:ill
New
Xew
Ilanipshiri^
'on\
ciii loll
lie C(Hi\('iit
inn
of
New
VIRGINIA
161
inoiilli
.York
niut
;it
Puughkeepsie.
of
tliu
by
tlie
New
Hampshire
by
its
own
But
a
New
Convention, and
divided Union.
New
had
been
in
it.
He
had refused
and he
now
work.
Henry could
Madison
make winning
speeches.
Henry's objections
:
New
is
Plan were
summed up
in one sentence
The Con-
stitution
a consolidated government.
On
the dangers of
come.
in the debate
clause.
on a motion to take
Henry proposed
a of
On
the 25tli
the
to ratify
in
who
Washington exerted
to sign;
J62 ton
ill
mond
Convention.
the 28th of June the news from
By
city,
New
Hampshire and
New York
The anniversary of national independence should be made more glorious by the Of the \)Yocelebration of the adoption of the Constitution.
AVhat time, they
said,
was more
fitting?
and industrial
the streets;
down
by day and
the illuminations
at night, of the joy of the peoj^le that at last they liad safely
New
tlie
more perfect
Union was formed, the newspapers made ample record, and But in tlie memories of men long kept a vivid picture.
Albany and
affrays.
in
New York
ip.an
in
its
Perhaps no
who claimed
to
American had
New
York.
To an understanding
been specially
the Neio
New
a])p('ar, in
York
THE FEDERALIST.
exposition of the Constitution.
pers, the articles
163
was soon
name
but by three
men who
articles,
favored the
suggested the
known
To
of
some
political partisans.
On
had ceased.
Jay
liad
ceased to write.
York assembled
series
at
fourteen
its
new government; on
its
powers;
office
its
relation to
mediating
between the
government;
its
and to commerce.
Three
Jay,
stitution.
The
Many
ferior
the
Objectio7is
to
the
Federal
Constitution,
by
of
the Constitution
164
the
"An American
Constitution,
to
I
Citizen."*
Nor
the
some were
the
tliey
Ohservations on
f
New
hy a
" Co-
lumbian Patriot,"
State
the People
of
the
of New York, by
tried
Plebeian."
of
Time has
Federalist
is
the
writings
the fathers,
and
The
of
of the State of
New York
to
whom PubClinton
wrote were
little
was mostly
might
composed of Clinton's
friends.
A vote
on
ratification
Not
to vote,
Federal plan.
New
and
it
would be
t(^
ratify,
put upon
sliMulil
iMlify, then
out of
Avliich
llic riiiuii.
To
I'alify
New
I'lan
cstMblisliniciit,
-J-
(.'().\t'.
I'ilbrictgt!
Molaiiclhou Smith.
HAMILTON CARRIES
from neighboring powers
south,
NEW
YORK.
16b
aiul
tlie
proud;
was confident
tliat
The
and
New York
fore the
city,
thei-e
office of
an Anti-
New York
fi'iends,
Journal.
This display of
party vigor
won no new
and
it
was generally
felt
would refuse
to ratify.
In the Conven-
He attempted
to
it
to defend the
to
body opposed,
it.
and
win those
Chief
among
the speakers in
He
attempted to
Never before or
since in
political victory
won
as
is
Hamilsaid to
won
in the
Poughkeepsie Convention.
He
Thirty-two
insisted
came
at
all,
amendments be embodied
ratification
the
new
Constitution.
But conditional
New York
[)nt
the question,
Can
1.66
Union
if
Madison's reply
Union meant a broken Union, and the Union could not provide for its own dissolution. On the 26th of the month a
vote was reached;
it
Although victors by
Avere the victors,
so
Federalists
and
was Hamilton.
He was
To
his argu-
streets
name
of the ship
was
Ilattillton.
On
North
the
in
New York
in
was reached.
Hills-
C-arolina
days
Convention at
borough.
While
in consideration
by
clause,
came
in the
news of
by
Virginia,
by
New
Hampshire, and by
New
letter
call
ratified;
They objected
})r()posed
to
many
parts
the
in
Constitution;
articles,
tliey
a declaration
to the
of rights
twenty
and
amendments
number
It
of twenty-six.
On
the 2d of
was not
until
November
and not
21 of
until
North Carolina
ratified,
W OF THE LAND.
167
last
day of the
session of the
stitution the
new government
sliould speedily
go
into effect;
by the States
choosing a President and a Vice-President; senators and representatives should also be chosen in the several States; the
votes
for President,
and that
after he should be
This
last
recom-
new
it
programme which
official
ratified.
fix
Congress received
the date
when
the Consti-
Many
da3^s
were spent
in
national capital.
be
New
these
York, or Philadelphia,
And
after
chosen on the
electors
Wednesday
should meet
new Congress should Wednesday in March, which in that year came on the 4th of the month. The presidential electors were with general uniformity in the States appointed by the State legislatures, which doubtless was the manner of choice
Wednesday
of February, and that the
first
assemble on the
168
Nearly
mnth passed after tlie date for the assembling of Congress before a quorum appeared in both houses. The House got together a quorum on the 1st of April; the Senate elected its president ^j)ro temjyore, John Langdon, on the Gth. On that day the houses met in joint session, and the votes
were counted.
There were sixty-nine votes
in
all,
and there
among
sev-
The speaker
therefore
declared George
Washington elected President, and John Adams, Vice-President of the United States.
to Braintree, to acquaint
Washing-
Adams
tlie
of their election.
After
lapse of a century
more
themselves
did Washington.
to
make
tlie
Constitution.
They assembled
in Philadelphia;
they met
oath of
in
secrecy
IT.
1G9
made
tlie
Constitution; not a
off,
new
plan, a piece of
denly struck
in politics
and
in
The
tution
ting
it
Constitutioii,
Fisher
Ames
in
Massachusetts,
John Langdon
New
in
in Connecticut,
David Brearley
New
Jersey,
in Virginia, Charles
South Carolina,
Abram Baldwin
other
men
of
similar character
A
in
were far
con-
new
We would
in
is
now
familiar
knowledge
to us
America.
To them
?
the Constitution
was a theory;
do
it is
rather an administration.
To them
is,
can
it
do
To
us the problem
What will
What We may
in private life
in
1789 ever
Many of
the eminent
170
men who
visions as
made such an
said to be
interpretation of
its
pro-
by the
tional history
must be
wrong.
The
national gov-
Law
of the
plainly admitted
by the people
by
writers,
by
legislators,
by
of
gress,
by political parties, by Presidents, by Conby the Supreme Court, cannot be told within the limits this book. Nor has interpretation yet fully crystallized.
journalists,
Interpretation must ever be changing as change the conditions of affairs in our country.
After the
1st of
quorum
On
the evening of
March
3 a
Confederation, and on the morning of the 4th the era of the more perfect Union was announced by the firing of eleven
guns
in
These salvos
representatives of
the
These members
elect.
quorum assembled.
his election,
On
'I'liurs-
official letter
and on the
fol-
Monday he
to
set out
lie
New
York.
As he
passed
town
town
and, journeying on
tal
in
on
following day.
WASHINGTON'S JOURNEY TO
messenger Charles Thompson,
tlie
NEW
YORK.
171
history.
On
the 14th
official letter
of his election.
Two
New
York.
At
cities
Alexandria, at Wil-
On
New York
and stopped
fitted
at the Franklin
been specially
up
as his residence.
in
New
York, R. R. Livingstone.
The
and both houses of Congress should then hear divine worshij) in St.
Paul's Church.
folcit}".
lowed.
many
will,
At one
from
en-
Federal State-House.
He
by John Adams. The Vice-President then informed him that " the Senate and the House of Representato the chair
tives Avere
tlie
oath required by
172
TEE IXAUGURATrOK.
New York."
Broad
Street.
Wasliington replied
that he
was ready.
He
At
his
appearance
forward,
He came
At
was run
up
as a signal,
a discharge of artillery.
dent of the
The bells rang out their peals, and Long live George Washington, PresiUnited States " which was taken i;p by the
!
list
of his cabinet
deiiartraent of state,
Hamilton to
;
the treasury,
Knox
to the
department of war
Randolph
Supreme
chief-
apj)<)in1i'd
Julm Jay
and with him five associate judges. Thus before the year
its
de])art3nents
was
in proc-
of administration.
On
we
date
became
Washing-
him
new
dui'ing the
sat willi
him
in the
Conventiou of 1787.
From
that,
*'l'lie
made
1891.
his
AiipcllaU: ('nulls
tup:
ten amendments.
it
1-73
liad
been
first
cliosen to administer
it.
tlie
be<;ame the
Law
of
tlie
to the
more severe
tests to
which
About
it
Nor
has
it
l)y
how narrowly
wha^
its
its
various
The common
objection to
Rights
in
each Con-
vention,
was to remedy
this
As soon
as Congress as-
was taken
ten
up,
first
ratified
by
the States,
The
eleventh
in
amendment, declared
January
8,
By
174
this
tlie
States,
L'otli,
1804, after
the
first
tial election.
election of
The presidential electors at the time of the first Thomas Jefferson Avcre equally divided between
election
went
to the
House of
Con-
It
in the
would be emedied by this amendment; but subsequent experience has twice ])roved that the amendment failed as a remedy.
No
tional Constitution
was more
industrial
difficult
slavery.
last it
It
was an
and a
political
By the thirteenth
amendment, which became a part of the Constitution December 18th, 1865, slavery was abolished in the United States.
Three years
later,
persons born
in all their
rights.
cilizens
on account
to the Consti-
tution
March
.30tli,
ISVO.
forbiils
ill
citizens
ciiiil'd-i-ing
Dui'ing
till'
fifty
Mmcinlmciits have
siitiitioii
iiiics lccii
J
of
till'
I'nitt'd Slates.
'ei-haps
no subject on which
75
proposed amendments.
Of
tifty, iifteen
Wiih each successive year of administration the adoption of amendments is increasingly difficult, but without doubt in tlie
future, as
it
chang-
So long
it
will
remain the
the
The
be told
of the Constitution.
differ as to the
am
we
bound up with
in Virginia to
From
first
colonial
Assembly
the time of
tlie ratification
placed
it
in their national
it
governgov-
in their local
of Representa-
The
through which this country was passing for nearly two cent-
176
uries,
who should
shall taxes
levy them.
Fur
all
How
be levied?
how
shall
tinanee be administered?
politics
it is
this question
which,
may seem
to
some
is
a slow scholar,
all
the details of
our constitutional
history
the
strange
commonly supposed
Napoleon once
If
lines
like the
who make
just as people
imagine
it
may be.
You have
even so great a
man
as a recent
failed to discover
United States as
when he spoke of the Constitution of the being made at a single stroke. Our Constia-makingand
is
We
and we use tliem both, and both have grown with our national
But
to
some discoveries
in constitu-
tional affairs.
We
177
are
our apprenticeship in administration shall be as long as was our apprenticeship in working out the principles of representative
tell,
of
government proves
is little
there
will be
much
in
The story
of
government
1G19
till
the
when
178
TEE CONSTITUTION.
United
States, in order to
form a
more perfect Union, establish Justice, insure domestic Tranquillity, ])rovide for the
common
eral Welfare,
ARTICLE
Section
I.
1.
Section
2.
The House
States,
Mem-
by the People
of the several
qualifi-
in
numerous Branch of
shall not
Xo
who
have
at-
sliall
in wliicli
he
be chosen.
at
W:i.sliiiii;toii, c'XC(.'(H
THE CONSTITUTION.
Repj-eseiitatives
179
shall
be apportioned
thiis
among
may be
included within
other Persons,
three Years
States,
in such
The
made within
after the
Manner
as they shall
by Law
direct.
The Number
of
Rep-
least
New
Hampshire
eight,
Rhode
necticut five.
eight,
New York
six,
New
six,
lina five.
five, an<l
Georgia three.
When
Writs of
Election to
fill
such Vacancies.
of Representatives shall choose their Speaker
The House
and other
peacliment.
Officers;
and
shall
Section
3.
The Senate
for six Years;
composed of two
by
shall
be assembled
Consequence
may
180
THE CONSTITUTION.
The
first
one-third
may be
if
Vacancies
may make
temporary Appointments
lature,
which
fill
such Vacancies.
No
to the
Person
Senator
who
shall not
Age
and who
shall not,
when
elected, be an In-
The Vice-President of
divided.
The Senate
or
shall
United
States.
shall
have the
sole
Power
to try
all
Imjieach-
ments.
When
Oath
is
or Affirmation.
tri('(I,
When
And
no Peison shall
Meml>ers present.
Judgment
enjoy any
in
ihan to removal
Ollic*'
and
dis(jnalitieation to hold
and
of
hoiioi-,
THE CONSTTTUTTON.
and subject to Indictment,
according to Law.
Trial,
ISl
Section
each
at
by the Legislature
may
any time by
Law make
shall
The Congress
unless they shall
in
every Year,
shall
be on the
first
Monday
in
December,
by Law appoint
Section
a different Day.
5.
Each House
shall
and Qualifications of
shall constitute a
own Members, and a Majority of each Quorum to do Business; but a smaller Num-
ber
may
may
be authorized to
in
such Manner,
as each
the Rules of
Proceedings,
Members
shall
Each House
from time
keep a Journal of
its
Proceedings, and
may
Nays
in their
of
shall,
be entered on the
Journal.
shall,
with-
out the Consent of the other, adjourn for more than three
182
day.s,
THE CONSTITUTION.
nor to any other Place than that in which the two
shall be sitting.
Houses
Section
6.
shall receive a
Compen-
They
shall in all
in either
House,
No
Senator or Representative
shall,
which he was
created, or the
elected, be appointed to
States,
any
civil Office
under
which
shall
have been
Emoluments whereof
shall
shall
United States,
Continuance
be a
Member
of either
House during
his
in Office.
Section
7.
may
propose or concur
Amendments as on other
Bill
Uills.
Every
which
shall
become a Law, be
with his Ob-
he
sli:ill
sin'ii
il,
but
if
it,
je(ttions, to that
House
who
ceed to reconsider
it.
If after
THE CONSTITUTION.
thirds of that
183
Bill, it shall l>e
House
sliall
House, by
which
it
shall likewise
be reconsidered, and
it
if
approved by
shall
become a Law.
But
in all
Names of
House
Presi-
by the
it
shall
have
tlie
same
shall
he had signed
its
it,
by
their adjourn-
ment prevent
shall not
be a Law.
Same
shall
by him,
shall
Section
8.
The Congress
for the
shall
collect Taxes,
States; but
To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
184
THE CnNSTITUTTON.
To establisli a unifoi-m Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United
States;
To
coin
Coin, and
the Standard of
for the
To provide
curities
To establish Post-OfRces and post-Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors
the exclusive Right to their resijective Writings and Discoveries;
To To To
Supreme Court;
of Nations;
Law
of
Marque and
Reprisal,
To raise and support Armies, but no A])pro]iriation of Money to that Use shall be for a longer Term than two
Years;
maintain a Navy;
for the
To
disciplining the
Militia,
su(;h
Part of them as
maybe emand
ployed
States respectively,
Appointment of the
THE CONSTTTUTrOK
the authority of
pline jirescribed
truiiuiig-
185
by Congress;
all
To
l)y
Cases whatsoever,
gress,
States,
of the
like
Government
of the United
all
Authority over
Places purin
Same
Maga-
And To make
all
Laws which
shall
Section
9.
The Migration
the States
now
not be prohibited by
The Privilege
public Safety
of the
Writ
of
Habeas Corpus
shall not
be
suspended, unless
when
may
require
No No
Law
shall
be passed.
Tax
shall
be
laid, unless in
Proportion
or Enumeration herein
before
directed to be taken.
186
THE CONSTITUTION
or
No Tax
any
State.
Duty
shall
No
raerce or
Revenue
bound
to,
or from, one
State, be
sequence of Appropriations
drawn from the Treasury, but in conmade by Law; and a regular Statement and Account of the Receipts and Expenditures of
shall be
No Money
all
public
Money
of
shall
be published from
tinie to time.
No
States:
Title
United
And
under them,
Section
10.
No
State shall
Alliance, or ConRei)risal;
federation;
grant Letters of
IjiUs
Marque and
coin
Money; emit
and
silver
of
Credit;
in
Coin a Tender
Bill of Attainder,
Law
impairing the
No
may
except
what
its
insjKH^t ion
Laws: ami
net
Product' of
all
by any State on
the Treasury of
1
United States;
aiul all
Laws
shall
THE CONSTITUTION.
187
No
Duty
War,
in
time of
War,
unless
Danger
as will
not
admit of delay.
ARTICLE
Se(;tion"
II.
1.
shall
be vested
in
a President of the
He
during
Term
as follows:
Each State
ture thereof
manner
as the Legisla-
may
Number
in
may
be entitled
States,
shall
be appointed
an
Elector.
*The
ment
Twelfth Amend-
By
son in the electoral college having the greatest number of votes (provided he had a majority of the whole number of electors appointed) became President, and the person having the next greatest number of votes became
Vice-President, thus giving the Presidency to one political party and the
Vice-Presidency to another.
President, and Aaron Burr, Vicewas tliat each secured an eqtial numberof votes, and neitlier was elected. The Constitution then, as now, provided that in case tiie electoral college failed to elect a President, the House of RepresentaPresident.
The
result
755
THE CONSTITUTION.
ol'
whom
And
all
of the
Number
of
certify,
Government
The President
the Cer-
shall then
be counted.
Tlie Person
Number
if
such
Number be
ors appointed;
and
there be
Number
and
if
by
them
for President;
no Person have a
Majority, then from the five highest on the List, the said
House
the
shall in like
But
in
quorum
Member
or
Memall
should
elect.
The
liked Jefferson
distrusted
b;illot
The vote
in the
House on
tlie
thirty-sixth
gave
Amendment, by
December
time
tlie
tlic
and declared in force September 25, 1804. Since that been constituted as at present, with an odd The Government of luunber of votes; a tie vote in tiio college isimpossilile.
electoral college lias
THE CONSTITUTION.
the States shall be necessary to a choice.
after the Choice of
189-
In every Case,
greatest
Number
But
President.
tliere
who
the Vice-President.
the
Time
of chiising the
Day on which
which Day
shall
No
the United States, at the time of the Adoption of this Constitution, shall
shall
any Person be
who
shall not
have
attained to the
Age
the
Same
shall
devolve
pro-
may by Law
vide for the Case of Removal, Death, Resignation, or Inability both of the President
what
act as President,
be removed, ur a
The President
ices,
shall, at stated
and he
other
any of them.
190
THE CONSTITUTION.
"I
do solemnly
swear
the best of
my
United States."
Section
The President
shall
and of the
^Militia of the
in Avritin<,^, of
Departments,
Offices,
have Power,
l)y
of the Senate, to
make
and he
shall nominate,
and by and
Judges of
shall appoint
-and Consuls,
all
and which
be established
l)y
Law: but
the Ccjngress
may by Law
Law, or
vest the
Appointment of such
of Departments.
inferior Officei-s,
The
that
PiH'sident
sliall
have Pow
t-i-
to
lill
up
all
A'acaiicies
may happen
by grant-
End
of the next
THE CONSTITUTION.
Section
3.
191
He
shiill
Iroiii
tlie
Congress
Iiifov-
and
expedient
between them,
Avith
may
he
Laws be
the
faithfully executed,
and
shall
commission
all
Officers
of
the
United
States.
SECTiOisr 4.
The
United
for,
of the
removed from
Office on
Impeachment
and Conviction
of,
ARTICLE
Section
HI.
1.
The
in
judicial
Power
of
the
supreme and
inferior
Courts,
shall,
at
stated Times,
their
Services a
Compensa-
tion,
which
shall not
in Office.
192
THE CONSTITUTION.
Section
2.
The
United
judicial
Power
shall
extend to
all
Cases, in
Law and
of the
Laws
shall
be made,
to
all
to
Con.troversies be-
between
In
all
which a State
shall
be a Party, the
In
all
the
Law
make.
Trial of all Crimes, except in Cases of Impeachment,
in the State
;
The
shall
but
Section
3.
shall
consist oidy in
War
No
TUE CONSTITUTION.
victed of Treason unless on the Testimony of
to the
193
two Witnesses
in
open Court.
The Congress
work
Corrui)-
Person attainted.
ARTICLE
Section
IV.
1.
other State.
scribe the
And
the Congress
in
may by
general
Laws
pre-
Manner
which
sucli
Section
2.
The
leges
Citizens of each State shall be entitled to all Priviin the several States.
other Crime,
who
shall flee
Demand
moved
No
the
Laws
quence of any
Law
on Claim
due.*
whom
may be
* The Underground Eailroad. Before the abolition of slavery a system of aidiug runaway slaves to reach Canada was perfected in various
13
194
TEE CONSTITUTION.
Section
3.
New
Union
;
States
may be admitted by
by the Junction
of
two
or
more
The Congress
shall
all
Section
4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect
each of them against Invasion
;
ARTICLE
V.
The Congress, Avhenever two-thirds of both Houses shall deem it necessary, sliull propose ^Amendments tt) this Constitution, or,
on the
iVp[)licatioii
From
slaves
were lielped to freedom by persons opposed to slavery. The whole movement was unlawful at the time, and was popularly known as the " Underground Railroad." A slave reaching British soil instantly became free.
The Governineid of
THE GONSTITUTIOK
195
when
ratified
hy
States, or
by Conventions
Mode
of Ratification
Manner
Article;
and that no
its
State,
without
equal Suffrage
in the Senate.
ARTICLE VL
All Debts
contracted,
into,
which
shall be
made
shall
in
all
Treaties
made, or which
United
States, shall be
Law
the Constitution or
Laws
notwithstanding.
the
The Senators and Rejiresentatives before mentioned, and Members of the several State legislatures, and all execuand
judicial Officers,
tive
196
THE CONSTITUTION.
but no religious Test shall ever
be required as a Qualification to
any
ARTICLE
The
be
sufficient for the
VII.
Done
in
Day
of
September
in
the
Year of our Lord one thousand seven hundred and eightyseven and of the Indejiendence of the United States of
America the
Ill
twelfth.
Xames.
George Washington,
And
Bejmfij
President,
Virginia.
from
The Word
Page, The
Word "Thirty"
Line of
in the fifteenth
rage, The
Words
tween the thirty second and thirty third Lines of the first Patre and the word "the" being intei--lined between the
forty third and forty fourth Lines of the second Page.
Attesl,
William Jaoksox,
/Secretari/.
NHW UAMrsinUE.
Joliii Laii):;doii,
CONNECTICUT.
Nicholas Gilmaii.
MASSACHUSETTS.
Nailiaiiiol
Gorlmm,
NEW york.
Alo.\andor Hainiltou.
Ilufii3 Kiiiy.
rilE CONSTITUTION.
19]
MAKVLA.NI).
NKW
JERSEY.
Will. Liviiigalon,
Dan
Dan.
of
St.
Thos. Jenifer,
David Brearley,
Carroll.
VlIlfilNIA.
Wm.
Patersoii,
Jona. Daj'ton.
PENNSYLVANIA.
B. Franklin, Tiioin.-is MilUin, Rob. Morris,
Jr.
NORTH CAROLINA.
Wm.
Blount,
James Wilson,
Gouv. Morris.
J.
SOUTH CAROLINA.
Rntledge, Charles Cotesworth Pincknej', Charles Pinckney, Pierce Butler.
DELAWARE.
Geo. Read, frunning Bedford, John Dickinson, Richard Bassett,
Jr.,
GEORGIA.
Jacob Broom,
James McHenry.
In Contention, Monday,
Si-jiftmhi-r 17,
nsT.
Present
The
States of
New
from
land, Virginia,
it is
it
should afterwards be
by the People
Recommendation
of
to,
sembled.
198
Resolved, That
it
THE CONSTITUTIOK
is
Opinion of
tliis
Convention that as
United States
in
Congress asseniljled
])y
should
fix
Day on which
the States which shall have ratified the same, and a day on
whicli the Electors should assemble to vote for the President,
fixed
their
Votes
and directed,
as the Constituin
Con-
gress
assembled,
that
the
Senators and
Representatives
Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Console
proceed
B}^ the
Georgk Washington,
President.
W.
Jackson,
^Secretary.
THE CONSTITUriOK
199
ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION OF THE UNITED STATES OF AMERICA.*
Article
Congress
of religion,
sliall
1.
establisliment
thereof,
or
exercise
jiress;
or
or
tlie
right
ernment
Article
2.
a free State, the right of the peo})le to keep and bear arms
shall not
be infringed.
Article
3.
No
but
in
any
manner
to be prescribed
by law;
4.
Article
The
to be secure in their
persons,
issue,
by the
proposed since
of Congress.
More than seven hundred amendments to the Constitution have been it was adopted. Several are usually proposed at each session
first
The
in
twelve
articles of
tlie
.nmcndment
raneous with the adoption of the original (Justice Mii.leu, United States
Supreme
The Government of
t^.
280.
200
THE CONSTITUTION.
affirniation,
tlie
and
i:)articularly
Article
5.
No
when
in
or limb;
or pi-operty,
Article
In
all
6.
by an impartial jury
of
the State and district Avherein the crime shall have been committed, Avhich district shall have been previously ascertained
by
Article
Til
7.
suits at
shall
by jury
shall
be
a jury, shall be
otherwise
any
couit, of
common
THE CONSTITUTION.
AllTICI.K
8.
201
Excessive bail
sliall
Article
9.
The enumeration
people.
Article
10.
The powers not delegated to the United Slates by the Constitution, nor jtrohibited by it to tlie States, are reserved
to the States respectively, or to the people.
Article
11.
The
judicial
shall not
be conor
commenced
Article 12. The Electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom at
least, shall
name
vs.
person voted
de-
cided that under Article III, 2, of the Constitution a private citizen of a State might bring suit against a State other than the one of which lie was a
citizen.
to
a majority of
Amendment was passed by two-thirds of both houses of Congress, and declared in force January 8, 1798. Practically, the amendment has been the authority for the repudiation of debts by several States. The Govermnent oj
the 5th of March of that year the Eleventh
the Pvople of the United States, p. 282.
On
202
THE CONSTITUTIOK
and they
shall
make
and of
all
as Vice-President,
lists
seat
States,
directed to the
shall,
open
all
number of
if
number
of Electors appointed;
and
if
no person
have such majority, then, from the persons having the highest
numbers, not exceeding three, on the
as President, the
list
House of Representatives
But
choose im-
mediately,
by
choosing the
this pur-
member
if
or
all
And
the
House of Representatives
fol-
th(>
Prcsidctit.
'^riic
number
if
of votes as Vice-
President shall be
Vice-President,
such number be a
appointed; and
if
l^'lccloi-s
tlieii,
from
tiie
THE CONSTITUTION.
bers on
tlie
list,
-203
the Senate
sliall
be necessary to a choice.
constitutionally ineligible to the office of
But no person
United States.
Article
Neither slavery
13.
punishment
for crime,
shall
Congress
shall
article
by appro-
priate legislation.*
AUTIOLE
14.
No
State shall
make
life,
War
led to
Amendment.
Its
language
is
substantially
It
was proposed
entire recon-
18ri4,
and proclaimed
Civil
new
conditions produced
ment was
all
to
the States
The object of the amendconfer citizensliip upon negroes, and to make it an object to to recognize and fiu-ther this right. It was proposed June 8,
abolition of slaverj'.
by the
204
THE COySTITUTWM
among
the several
in
United
the executive
of the Legis-
and
members
lature thereof,
way
number
number
No
any
person shall
l)e
any
iiisuri-ection
or re-
mies thereof.
a vote of two-thirds of
amendment
is
especially
il-
lustrative of the " reconstruction " ideas in force after tlie war.
niftnt
The amitidGovenuiicnl uf
made
the people of iho colored race citizens of the United States, .uid
ofjual jjroteciion of tiie laws.
((iiircin-<l
TJie
thr I'mj./r
Unikd
Sliltrs, p. 'JSl.
THE C()NST[TUTI0K
thorlzod
205
by
payment of
not be questioned.
States nor any State shall assume or pay any debt or obligation
loss or
but
all
and
void.
shall
The Congress
Article
15.
The
by any
servitude.
The Congress
shall
this article
by
appropriate legislation.*
Constitution of the United States docs not confer the riglit of upon any one" (Chief-Justice Waite). An amendment was necessary to prevent the States or the United States from giving preference, in tlie riglit to vote, to one citizen of the United States over anotlier on account
'
The
sullVago
"The
Fifteentli
Amend-
ment had the effect in law of removing from the State constitutions, or making void, any provision in them wliich restricted the right lo vote to the
white race" (Justice Harlax).
pressly
By
is
ex-
amendment. It was proposed by Congress February 26, 1869, and prochumed in force March 30, 1810. This amendment illustrates the liberal character of the Government of the people of the United States, and a striking contrast may now be drawn between the narrow and somewhat selfish principles of the Federal Government in 1789, and the brond and humane principles which actuate the nation at the
to enforce the
empowered
present time.
The Government of
the People
p.
286.
INDEX.
Administration of government in the United States of America, 1776 to 1787, G8. In England, 09. in the United States of America after
1787. 175,
171),
Constitutions,
first
changes
177.
Articles of Confederation,
76, 77, 78.
committee on,
81,
8:i,
an anomalous government,
theory
of, 86.
influence of
5i5,
56.
difference
between
and
later con-
stitution, 56.
of, 16.
New
Jersey, 70.
compared
first
Virginia, 71.
Virginia's plan for a national govern-
ment, 130, 131, 134. Jersey plan, 133. Connecticut compromise, 127. debate on representation, 138-133.
New
resume,
175, 176.
9.
133, 138.
Authorities consulted,
Charters,
first
Virginia, 18.
the national Constitution signed, 143. presented to Congress, 143. origin of national Constitution, 144,
145, 146.
before
30.
the
:
State
ratifying
;
conven-
second Virginia,
tfons
153 154
60, 61.
Connecticut,
;
154
Massachusetts.
159,
New
Congress of Confederation,
its acts, 63.
Maryland,
161
Carolimi
its its
160; Virginia, 161; New York, 163 North Carolina, 166; Rhode Island,
167.
lacks of
piisses
quorum,
101. 111.
133.
amendments
208
Convention,
first
American,
30.
87, 88.
INDEX.
Hamilton,
71, 1:25,
KW,
165, 173.
Hartford,
Members
of
Constitutional
Convention,
Navigation laws,
i;i8.
Revolution of 1776,
Education,
48, 19.
51.
its
president, 119.
his journey to
New York,
171.
THE END.
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