A A

UNIVERSITY OF CALIFORNIA LOS ANGELES

SCHOOL OF LAW
LIBRARY

The Chautauqua

Liter'ai'i|

and Scientific

Cii'cle.

STXJIDIES ITOR 1891-92.

Leading Facts of American History.

Montgomery,
Bryce,
. .

'

$i oo
i

Social Institutions of the United States.

Initial

oo
oo
60

Studies in American Letters.

Beers,

. -

.
-

Story of the Constttution of the United States.

Classic

Thorpe,
-

German Course

in

English.

Wilkinson,

Two

Old Faiths.

Mitchell and Muir,

.-...-

00 40

THE STORY OF THE

CONSTITUTION OF

THE UNITED STATES

BY

FRANCIS

NEWTON THORPE
AUTHOR ov

School of American History, University of Pentisylvania

The Government of the People of the United States

CHAUTAUQUA PRESS
C. L- S. C.

liKW YORK
1891

Department, ISO Fiah Avenue

ta9i

re.
The
of Six.

required books of the C. L. S. C. are

It

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.

Co|>yiinlit, 18.J1, liy

IIuntA

Isaton, Nc-w York.

Q^o ills iUotljcr.

The
affairs.

Constitution
to

Is

intended

to

endure for ages to come,

and consequently

be adapted to the various crises of human

let
it

Let the end be legitimate,

be within the scope

of the Constitution,

and

all

means which

are appropriate, 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

THE National Constitution Becajie the Supreme the Land. 1787-1870

Law

of
148
178

The Constitution of the United States

Map

of the United States inJ790

facing title
207

Index

THE STORY OF THE CONSTITUTION

OP THE

UNITED STATES*

CHAPTER

I.

HOW THE STRUGGLE OVER THE TAXING POWER

IN AMERICA LED TO THE FORMATION OP CONSTITUTIONS OF GOVERNMENT IN THE STATES.

1600-1770.

After more than

realize that
tral

a hundred years of general prosperity

it is

under the Constitution of the United States

difficult to

our country ever suffered for lack of a cenfor

government or

want of

supreme law.
treaties

Constitution and the laws

and

The made in

national

accord-

ance with

it

are

now

accejited as the

most solemn expres-

sion of the sovereign will of the j^eople; the

"more

perfect

union "
is

is Iristorical,

not sentimental; "the general welfare "

a national policy, not a proposition in a plan of govern-

ment.

By
;

the national Constitution are tried the constituElliot's

* Authorities Consulted:
1787, 5 vols.
1

Delates in the Federal Convention of

Lippincott, Philadelphia, 1881.

Edition,
the

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

SUPREME AUTHORITY OF THE CONSTITUTION.

tions of States, the acts of legislatures, the laws of Congress,

and the decisions of courts of

stitution

justice.

To

the national Con-

may

every inhabitant of the land appeal for the

In conformity with the nais

protection of his civil rights.

tional Constitution civil authority

administered throughout
its

the land and the vast machinery of government performs

prescribed Avork.

By

the terms of this venerable instrument

do Congresses have succession; President follows President;

the

body of learned men who

constitute the federal courts

has perpetiiity; elections bring into passing eras of popularity

and power the fateful administrations of

is

political parties;

domain

added to domain westward

pacific

to that mysterious

South Sea whose

waters were

first

vexed by a Eurofirst

pean keel scarcely three centuries ago; the land of the

republic of

modern times becomes a land

all

far greater in extent

than the land of

the republics of antiquity;

America beThe MinMas-

1788; Richmond, 1827.

utes of the

Robertson's Dehafes; Richmond, 1805.

Convention,

New

Jersey

1787; Trenton, Traver Reprint.

sachusetts Convention; Boston, 1788.

North Carolina Convention; Hillsboro',

1788.

Massachusetts State Constitutional Convention; Boston, 1779; Edition

Constitution of Massachusetts; Worcester, Isaiah

of 1832.

Thomas, 1780.
Vermont State

Pennsylvania State Constitutional Convention, 1776-1790; Harrisburg, 1825.

Maryland
edited
V)}'

Conventions, 1774,

1775, 1776; Baltimore, 1836.

Papers; Siade, Middlebury, 1823.

phia, 1888.

Pennsylvania and the Federal Constitution;

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.

Co., Chicago, 1888.

ton,

Now

York, 1882.

McMaster's History of
18S7.

the Peoj^le of the United States;

Af)plel()n,

New

York,

Bowen's Inauguration of Washington, The

Ci-nlnry Mfjazine, April, 1880; F. D. Stone's Ordinance of 1787; Ponnsylv.-iiiia

Historical Socicly, Philadelphia, 1889.

Tenth Census;

Washington, OovcrnincMt Printing

book by

Volume on Population in the Tho map Oflicc, 188.'!.

wa.s ro-drawn fur this

C. S. Mclntire, of the University.

SYMBOLS OF GOVERNMENT.
comes the
liberty,
lioine of all peoples, races, creeds,

]]

ami languages;

intelligence,

and industry transform an untouclied

continent into a garden yielding almost every product needed

by man

for his comfort

and

civilization;

and when war has

to the

shaken the

pillars of the State,

when

the ideas of nationality

and representative government have been subjected

crucial
culties,

wager of

battle, these ideas, as it Avere serene in diffitrial of practical

have come forth from the terrible

affairs as the

type and figure of republican government; the

national Constitution itself responding to the touch of hu-

manity, as

if

the supreme quality of

its life Avere its

powers

of perpetual adajitation to the wants of man.

In the popular

mind the Constitution seems almost a

were
tlie

sentient instrument, as

emblems of government, the palladium of Minerva,

or the Sibj-lline books to the citizens of Athens and of

Rome.

The veneration
tion founded

of Americans for the Constitution, a veneratheir conservatism,

is

upon

not a veneration for

a sheet of parchment yellowed by age or preserving the auto-

graphs of the most eminent

ago.

men

in this country a century

is

The veneration

for the national Constitution

all

rather

like that veneration

which

Englishmen

feel for the

Great

Charter, an ancient state paper setting forth in most solemn

form the principles of sound government.

tution
is

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

of our patriotic dead, as

triumph

in peace, as

we

strive for better things, as

we we hope
])os-

to secure the blessings of lil)erty for ourselves

terity,

and our

we

interjjret that plan

of government which

finds

general expression in the Constitution of the United States.

12

OPINIONS FAST AND PRESENT.

The
tion.
its

story of

tlie

Constitution

is

of truth stranger than

fic-

It is natural to attribute to

an institution tliroughout
it

history that rei^utation which

are yet living

bears in our

own

day.

Many men

who remember with

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

an interpretation of the supreme law of the land that

states-

men

refrained from forming conclusions on the tendency of

administration,

national

and, looking

hopefully forward,

sought new meanings in events where before they had sought

interpretation
till

by

a construction of words.

Then, and not

then, in our history

was the Constitution of the United

being the exjiression of the

States understood in
nation's mind,

its spirit as

whatever that mind miglit be.

But no man

now
tion

living can

remember the angry days when the Constitupolitical leaders.

was yet a hope or a proposition debated between jealous

still

States and

more jealous

No one

can re-

member

the living opinions which, at the close of the eight-

eentli century, so nearly

triumphed, and whose triumpli would

have dissolved a feeble union of States and encouraged the

horrors of an anarchy only possible in a democracy.

When

the opinions on national government in America to-day and

opinions of a century ago are contrasted,
it is

difficulb to be-

Vwve

tliat

we

are the children of our fathers.

tell tlie

It is

my

purpose to
I

story of the Constitution of the

United

States.

shall

briefly relate

how

the people of

the colonics became self-governing communities;

how they
and

struggled for more

iJiaii

a century and a half with king

with Parliament for the control of the taxing power;

how

AMERICAN EXPERIENCE.

13

they continued a struj^gle in America which, during a portion

of our colonial liistory,

had raged

in

England, and

iii

the

course of which

strut;o;le

Parliament had sent one king to the

block and another, his son, into exile;

how

in

America the

struggle became a struggle between the power of an English

Parliament and the power of a colonial assembly;

how

in

that struggle every element of discord gathered about the

taxing power and the power to control trade;

how

the

assemblies of thirteen colonies became the legislatures of

thirteen States,

and

civil

government, based upon American

in each of these

experience,

was assumed

independent com-

munities;
tion of

how

the necessities of war compelled the forma-

a union of the States;

how
its

this confederation of

States yielded speedy proof of

insufficiency for national

purposes;

haw

the whole people suffered for the

want of a

more perfect union; how that union was brought about by

a few

men who perhaps

builded better than they knew;

how

the supreme law of the land was framed in a convention of

unequaled legislators; how their work was constructed, and

by what process they brought

it

to a

harmonious conclusion;

how

the Constitution framed in secret was submitted to the

people for their approval, and

how

that approval

was given
at last the

unhesitatingly or doubtfully, or with

Avith serious conditions, or

many

suggestions, or

was

flatly refused;

how

Constitution received, technically, the consent of the people,

and the plan of government which

into
effeet;

it

outlined was carried

this Constitution
it

and how, during a century,

has been changed by amendments adapting

necessities of the people of the

to the civil

United

States.

In telling this
is left

story so

briefl}^,

more merit

is

due for what

out than

14

THE PEOPLE LEGISLATE.

what
is

for

tokl, for the full story is

long and changing and

coiuiilicated.

But the

essentials of the

whole story

may be

presented in a few words.

The people
ment.

of the colonies at the time of the separation

in the science of

from England were not unskilled

In each colony from
its

govern-

origin civil affairs were ad-

ministered according to principles fundamental in the Anglo-

Saxon idea of government.

ernment into executive,
to the intelligent

The

threefold division of gov-

legislative,
all

and judicial was familiar

beginning of the

men

of

the colonies at the time of their

planting,

and

this division,

which

in the

seventeenth century was not definite and discriminating, be-

came more
ing the
fii'st

clearly

marked

in the colonial

governments dur-

half of the eighteenth century.

That the king

should not make laws for the people, but that the representatives of the people should legislate,
is

an epitome of Amer-

ican political history

down

to 1776.

In every colony, before

the time of the Revolution, the control of civil affairs was

directed

by

a governor, by a colonial assembly, and

by a

sys-

tem of

courts.

The governor was

its

ai)pointed

by the crown,

except in Pennsylvania, in Maryland, and in Connecticut, and,

during a portion of

early history, in Massachusetts.

as lord pro})rietors

The

Penns and the Calverts governed

their govern(n-s

under a

charter from the crown, and the peoi)le of Connecticut elected

by

])rivilegeof their charter

from Charles

II.

In

all

the colonies the king was re))resented, and

by a

fiction

of law he
in
tlie

was the fountain

of civil authority.
cil

Tlie judges

colonies were appoint

in tlie

by the governors and comI>y a legal fiction, also,

all

missioned

name

of the king.

the king was ever present in his courts;

oaths and aflirraa-

THE LA
tions

OF THE LAND.
all

15

Lad reference to royal authority, and

in the king's

commissions

and writs ran

name.

Thus the governors and

in a peculiar sense the

tbe judges in colonial

America were

representatives of the monarchical idea.

As

in ancient times

Rome

sent governors to her provinces, so England, in the

seventeenth and eighteenth centuries, sent governors to her

American

colonies.

But the
that

})arallel is

not complete

it

was
and

the senate of

Rome

made laws

for her provinces

that sent governors to execute her laws and decrees accord-

ing to the policy of the party or faction in power at the capital.

No Roman

province had
Avithout

its

American colony was

its

own elected legislature; no own popular assembly. The

in history;

colonial legislatures are an

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

America that there developed

in the civil organization

an idea which was practicable and

pleasing to the masses and at the same time wholly at variance

with another idea

the monarchical idea which constituted

The
vari-

an essential part

in the general civil organization.

ance was intensified by the existence and vigorous activity of

an old and powerful legislative body for the whole kingdom

the
and

English Parliament.

Between king and Parliament

It is

has for centuries raged a contest which constitutes the civil

political history of

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

Parliament makes that

the

may be said further that the law is determined by House of Commons in a last struffsrle between the two

houses of Parliament, the balance of power being in the

16

THE ASSEMBLIES.
the elected representatives of the people of En1V33, Av^hen the thirteenth
civil affairs of

Commons,
gland.

By

American colony had

been founded, the

the colonies had taken on

tolerably detinite civil proportions.

Fifty years later, on the

3d of September, was

signed in Paris,

by the representatives
in-

of the United States, of Great Britain, and of France, the

definitive treaty of peace

by which the boundaries and the

But

dependence of the United States were acknowledged.

1733 at least two of the colonies, Virginia and

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

had been sown, and now the plant could not be

rooted out.

To

the royal governors, to the king, to Parlia-

ment, the colonial assemblies were offensive.

Formed on

common
ment

experience, and closely after the model of Parlia-

itself,

these assemblies, except in

New

Hampshire, in

Pennsylvania, and

in Georgia, consisted of

two houses, known

usually consisted

generally as the upper house, or the Council, and the lower

house, or the Assembly.

of from six to twenty men,

The upper house summoned by

the colonial gov-

ernor, to serve for an indefinite time as advisers to the executive, just as

many
men

years ago was

summoned

the

first

body of

nobles in England as advisers to the king.

consisted of
Tliis

The Assembly
Jersey, of

elected
is

by the

qualified voters in the colony.

arrangement

characteristic of

New

York, ami of the Southern colonies.

colonies ele(;tcd

Tlie four

New New England

In these
in

the

delegates to both

houses.

colonial legislatures the assemblies, like the

Commons

En-

gland, possessed the balance of power.

The Assembly voted

THE TAXING POiVER.

the taxes and

17

made appropriations

of

money.

Seldom did

the two

houses of a colonial legislature

meet under the same

roof at one time; there were occasionally, and for specific purposes, joint sessions of the houses.
It

would be an

eriior,

however, to compare the colonial to the later State

tures.

legisla-

While

in theory they are similar bodies they are too

unlike in their methods of civil procedure in their respective

fields of free legislation to

permit a true
the
if

parallel.

To

the

colonial

legislatures,

and

to

lower house in each of

those legislatures must

current and the

we

turn

we would understand

the

subsequent constitutional history of the

country and the real causes of the separation from England

in 17*76.

In

England Parliament alone could lay

taxes.

As

a part of the British Empire the American colonies were subject to taxation

by Parliament,

It is

an axiom in government

that the tax-levying

State.

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

events not anticipated by the kings

who granted

charters to

the founders of the colonies, nor by the Parliaments which

witnessed the origin and growth of infant States under these

charters.

The

story of

government

in

America

is

never

plainer than Avhen that story tells

how

the struggle for the

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

phase of that struggle was to determine where the power lay;

IS
llie
first

THE TWO COMPAXIES.

second
jjhase
itself
j^liase is
is

how

tliat

power

shall

be exercised.

The

a part of a hirger sentiment, tlieideaof governshall

ment

and on what principles government

is

he organstill dis-

ized; the second phase

a part of that larger

shall

and

puted problem,
first

how government

be administered.

The
his-

phase characterizes the colonial period of American

tory; the second phase the national period.

The
mined,
ginia.

entire colonial period, during

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

Thomas Gates and

llackluit, clerk,

Sir

George Somers, knights, Richard

Prebendary of Westminster, and Eilward

Maria Wingfield, Thomas Ilanham

Esqrs.,

and Ralegh Gilbert,

William Parker and George Popham, gentlemen, and

divers others of our loving subjects,

plantation,

...

to

make

habitation,

and to deduce a colony of sundry our people into

that part of

America commonly
all

called Virginia."

time nearly
Virginia."

of North America was "

these incorporators

To

At that commonly called and others named in the

charter the king gave a region of country as definite in

boundary
ted.

as his geographical knoAvledge of Virginia permit-

The

charter was a grant to two companies

to Gates

and

his associates, describing

them

as the

London Company,
as tlie

and to a second company, to be known

Plymouth,

consisting of Gilbert, Parker, Pojdiam, and others, of the

town of Plymoudi,
\v;is

in

England.

]5y the charter each colony

shall

to

"have

a Gouncil

which

govern and order

all

ni.iltcrs

and causes which

shall arise,

grow, or happen to or

within the same several Colonies, according to such Laws,

THE FIRST CHARTER.

Ordinances

19
!jfiven

&

Instructions as shall be in that behalf,

and signed with Our Hand or Sign Manual, and pass under
the Privy Seal of

Our realm

of England;

Each of which
shall be

Councils shall consist of thirteen Persons to be ordained,

r.iade,

and removed from time to time according as

dii'ected

and comprised

in the

same

Insti'uctions;

And

shall

have a several

Seal, for all

Matters that shall pass or concern

the same several Councils;

Each

of which Seals shall have

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

have engraven round about, on

the one Side these

nim, F)'(oicim

&
this

Words: Sigillum Regis Magnm BritanlUhendm ; * and on the other Side this
:

Inscription round about

ginioe.'''' \

Pro Concilia Primce Colonim VirUnited

States.

In-

commercial grant originated representa-

tive

government
These

in the

The

charter gave

authority from the crown to pursue specified activities in

Virginia.
activities

were commercial and industrial

rather than political in their nature; but not wholly com-

mercial or industrial, for political interests are implied in

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

for in the assurance that all persons taking up residence in

Virginia and
ties

all

persons born there were to enjoy

all liber-

and

francliises

and immunities as

if

livinsr in

England.
to

By

this first charter the trading

company was empowered

make laws and ordinances

f For the council of the

for the direction of

its affairs,

* Seal of the king of Great Britain, France, and Ireland.

first

colony of Virginia.

20

TEE SECOND CHARTER.

subject to the king's revision and approval, and to grant

land to colonists at a rent to be fixed thus

I'ar

l)y

the company.

But
be

there

is

no provision for a colonial legislative body.

of the

The ordinances
trial,

company made
it

in

England

Avere to

the laws for the settlers in Virginia.

This plan failed on

and principally because

was a money-making scheme

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."

The few persons who came

;

ginia had no intention of remaining there

they were not

Americans; they were not

in search of wealth.

colonists.

They were Londoners

In 1609 the king granted a second charter.

definite

more
of

domain was named.

The commercial purpose

It

the adventure was more specifically set forth.

had been
be

found " not convenient

" that all the adventurers should

drawn
for

to

meet and assemble so often as should be necessary

affairs

them to have meetings and conferences about the was

to reside

of the colony; therefore one council

petual succession in England, and
it

by

per-

was empowered "to

of Orders, Laws, Di-

make, ordain, and establish

rections, Instructions,

all

Manner

Forms
and

&

Ceremonies of Government

and ^Magistracy,
(l(v(

fit

necessary for

&

concerning the

inment of the said Colony and Plantation."

1>\'

The laws

niad<'

tills coiiiicil

lor the

cohiny were to be "as convento the

iently as

maybe"

"agreeable
. .

Laws, Statutes, Gov-

ernment and Policy of the

Kealm

of England."

brief

experience had demonstrated the meaning of the phrase "as

THE THIRD CHARTER.

conveniently as

21

may

be;" the great distance from England

life in

and the new conditions of

council of the

Virginia

making

neces-

sary this permission of a use of legislative discretion in the

company

in

England.
prosper.

But the colony did not

still

The inconvenience was

directors living in

too great that affairs in Virginia should be wholly di-

rected to minutest details

by a council of

England.

The whole adventure was

reorganized, and the

kins: arranted a third Virginia charter in 1612.

By
in

this charter the treasurer

and company of adventurers

oftener, at

Virginia were

empowered once every week or

their pleasure, to hold

and keep a court and assembly for

the better order and government of the plantation and such

things as might concern
it.

But

this frequent court

was

to

consider only ordinary matters.

" Matters and Affairs of

Greater Weight and Importance and such as in any Sort

(should) concern the
said

Weal, Publick and General Good of the

Plantation, as

Company and

namely the Manner of

Government from Time to Time to be used, the Ordering and Dispensing of the Lands and Possessions and the Settling

and Establishing of a Trade

there, or
last

Such

like,"

were
save

to be considered every year,

upon the

Wednesday

one of Hillary Term,* Easter,

in " a Great,

Trinit}^, J f

and Michaelmas,

General and Solemn Assembly," the four

as-

semblies being " Stiled

&

Called

The

four Great

&

Genei-al

Courts of the Council and

ginia."

Company

of Adventurers for Virin

These four courts were magisterial

f Movable. 22 to

character

* J;imiary 11-31.
^

now occurring from May Formerly movable, now November 2-25.

Formerly movable,

June

12.

22

REPRESENTATIVE GOVERNMENT.

rather than legislative, but convenience and necessity compelled a modification or adaptation of the

"solemn Assemthe language

bly" to the conditions of colonial

ul'

life.

From

the third charter of the

it is

evident that the treasurer and other

elected

members

company

members

of this Assembly,
in

and their successors were to enact their laws

with the laws of England.
that " in
all

conformity

The

charter further provided

Questions and Doubts that (should) arise upon

any Difficulty of Construction or Interpretation of any thing

contained
in these or

any other

(our) former Letters-patent,

tlie

the same should be taken and interpreted in

most ample

and beneficial Manner for the said Treasurer and Com])any

and their Successors."

tion of the charter

The power of

so liberal a construc-

was soon

exercised.

The

colonists

who
and
his

were members of the company were empowered by the

charter
to

assemble

by

representation.

A
all

formal

special oath

was

to

be administered by the treasurer,

deputy, or by any two of the council, to

persons in the

service of the colony; the earliest instance of the adminis-

tering of an oath of office in this country.

Thus
not so

the gov-

ernment introduced

into Virginia
in

under the third charter

if

was

essentiall}' re|)ublican

character,

in

strict

form; for legislative power was taken from the exclusive

control of the

body of

colonial

directors and given to a

General Assembly of the qualified electors of Virginia

accpiired the right to exercise those poHtical
liiiiilcMl

who

powers hitherto
Tiio Virginia

to the

qu;iliti('(l

electors of Kng];iiid.

colonist

became an

elector

by joining the Virginia body of

colonists and subscribing to the oath required

by the com-

pany.

Jlis ele(!toral

(pialifications

were the oath and the

PROPFAITY QUALIFICATIONS.

23

ownership of land to an amount specified from time to time

by the Assembly.
electors

He was
in

also required to belong to the

Established Church of England.

Similar qualifications
;

foi-

were required

England
the

but the limitations on

of electors there
in

land-holding in England

made
it Avill

number

lar less in proportion to population

than was the number

the colony.

Frequently

be necessary to refer to the

qualifications of the elector in

America; nor until the eight-

eenth century

is

nearly past will the abolition of property

in

qualifications find expression

the liberal provisions for

of

citizenship

under the Constitution

the United States.

in Virginia at

That ownership of land was a prerequisite

chise
explicable, not alone
in

the time of the third charter for the possession of the franis

from the

fact of

most ancient

precedent

England, but because a man, not capable of

securing and cultivating land in Virginia, or in the later

colonies, as

they successively were founded and their

elec-

tion laws

were established, was thought to be unworthy of

possessing and exercising political power.

real estate indicated plainly the
bility in the

The ownership
in

of

amount
in

of a man's responsifol-

community.

It

should not be forgotten,

lowing the story of government

that the

England

or in America,

modern democratic idea

is

of the franchise, "

man
Gov-

should vote because he

a man," was
its

unknown

until the

nineteenth century had entered upon

fourth decade.

ernment

is

founded upon persons and property, and until quite

recent times this property has been real estate rather than personal property,
it

being thought that the estimate of property

in

values could be

made

no simpler way than by an estimate

Personal property
is

of

the value of real estate.

now

a large pro-

24

THE BASIS FOR EEPEESENTATIOK

portion of the whole amount of the world's wealth.

At

the

time when the foundations of government were laid in America personal property bore only a trifling proportion to the

whole amount of Avealth in a community.

l)onds,

Stocks, certificates,

shares,

negotiable paper,

two

fifths of

the wealth of society, Avere

States in America.

now comprising perhaps unknown to the

Then
the basis for
the basis
is

men who founded

property representation was real estate,

now

both on real estate and on personal

2:)ro23erty,

though with

the enormous increase of personal property no corresponding

increase of tax burden has l)een laid

upon

it,

the land

still

remaining the foundation of our taxing systems.

Had

per-

sonal property been as abundant or as valuable in the seventjeenth as in the nineteenth

century doubtless the property

qualification required of an elector Avould

qualification based

have included a
personal prop-

on personal property.

As

erty gained in value in

America the State

legislatures, as in

Rhode

Island,

made

the privilege of the franchise obtainable

according to an income fixed by the legislature; and

States, before the property qualification
this

many
in

was abandoned
all

country, had begun to admit as electors

men, other-

wise qualified,
personal

who

paid taxes

07i

an income derived from

sufficient

property thought to be
real estate.

to

equal the

former values set on

Mississippi the
l)efore a

In Pennsylvania and in
is

payment

of

certain taxes

still

required

man

can vote.

]>iit in

no State of the XTnion does

a j)roperty qualification for electors

now

exist.

I hav(! quoted from the Virginia charters in order to

make a
as this

beginning of the story of the Constitution.

beginning

Remote

may

at first si'i-m

from

thc^ tinu;

of the framing of

THE FIRST GENERAL ASSEMBLY.

our national Constitution,
third charter of Virginia the idea of a republican
in
it is

25

plain

that as soon as the

was put

into operation in the colony

form of government had taken root

America.

The

right to vote

was conferred on the mem-

bers of the compan}^, which was enlarged to include English-

men, strangers, and

aliens.

Apprentices, servants, slaves,

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

which had grown

up under successive governors and

laws "

proclaimed the " free

that
;

is,

the

common law

of England.

And

" that the

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

two burgesses from each

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

had represented the old English

shires in the

House

of

Com-

mons Of
in

or in the earlier jjopular assemblies of the kingdom.

the proceedings and acts of this
little
is

first

General Assembly
his council

America

known.

The governor and

sat

with the burgesses and participated

in the proceedings.

The speaker chosen was not

councilor,

a burgess, although he was a

and the secretary of the colony.

examined the

Observing the

forms of parliamentary procedure, the Assembly opened with

prayer.
It

qualifications of its elected

mem-

26
bers;
it

THE FIRST AMERICAN COXSTITUTWK

passed laws concerning drnnkonness, idleness, and
it

card-playing;

fixed the price of tobacco, the staple of the

colony;
of the

it

formally accepted the charter of 10] 2 on belialf

fni-ther

colony, and

declared that the laws of the

of Virginia without
in

Assembly should be the sujjreme laws

submitting them to the council of the coinpnny

England.

This historic Assembly assembled at James City, on Friday,

the 30th of July, 1619, and eleven plantations,
said, parishes or
or, as

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

was their country and

of

tlieir

home.

Two

years later, on the 24th

July, the council of the

company in England approved the course of the Assembly by passing an ordinance establishing a written constitution for
Virginia.

This earliest written constitution for an American

after the unwritten constitution
all later

commonwealth was modeled

of England, and
it is

the historical foundation for

constitutions of goverimient in this country.

" Tlie greatest

of.

comfort and benefit to the people, and the prevention

injustice, grievances,

and oppression,"

is

the language of the

constitution, and
in the

ordinance declaring the pur])ose of the

it

new

suggests not only the language of familiar provisions

declarations of rights in the subsequent State constitutions,

but also the comprehensive ]ri'amble of the Constitution of

tlie

United

States, written one

hundred and sixty years

later
indi-

that Constilut ion due perhaps more than to any other

vidual to a distinguished N'irginian,

James Madison.

CHECKS AND BALANCES.

Between
of the
tlie

27

General Assembly
in

in Virgijiia

and the council

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

country of the introduction of a system of " checks and

ances "
the
first

Ital-

in

government.

The

provision

may

be described as

introduction of the veto power in America.

With

the entrance of the burgess into civil power the qualified citizens
tinent,

by tlie began popular government on

choice of
this con-

and not popular government alone, but

also

the

struggle between king and peoi)le

between the monarchical

idea and
at

tlie

republican idea; a struggle which terminated

last in the

independence of the United States and the

definitive treaty of 1783.

lar assemblies

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

power was the right claimed and exercised by the lower

house of the colonial legislatures to levy taxes and to apjjropriate public moneys.

This peculiar right claimed by the

assemblies found

its

pi-ecedent in the

House of Commons.

The

delegates

to

the colonial

assembly represented the

electors,

the people

America.

the sovereignty newly enthroned in Custom made stronger year by year the ])owers
first

exercised at
semblies.

with shyness by the delegates

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

the time Geoigia

was founded

all

the colonies were familiar with the idea that

taxes and ap})roi)riations of public

money should be

con-

28
trolled

COL OX/A L ASSEMBLY VERSUS KLNG.

by the delegates
in the

lower house.

The

royal gov-

ernors constantly objected to this assumption of power

by

the assemblies, but

history.

the royal governors had read English

lost in their contest

The kings had

tlie

with ParliaJolni

ment

for

power

to lay taxes.
in

From King
1215,

had
it

been wrested the Great Charter

and thenceforth

was declared that the king must

of the
land.

rule according to the

I.

law
in

In

1649

Charles

had

lost

his

life

his attempt to

govern Avithout a Parliament and

to levy
tlie

taxes in his

own name.
first

George

III.

did not renew

struggle with the colonial assemblies, nor did any English

monarch from the

to

Charles to the third George attempt

renew

it.

Perhaj^s the king dimly foresaw that counter-

revolution in America which was to wrest from an " omnipotent Parliament " a taxing
atives

power claimed by the represent-

of

the people in the colonial houses of assembly.

Perhaps the royal mind dimly caught the significance of the

mortal blow against that Parliament which kings in England

had not been able to wield when kings

in

England would
peo{)le,

have wielded that blow against the welfare of the

l)ut Avhich

popular assemblies in America were able to wield

against that parliamentary

body which had succeeded

to the

triumphs won by Parliaments over kings.

1770 Avas unlike the revolution of 1648.

The

revolution of

In England
it

King

diaries Avould levy ship-money; in America

Avas ParliaAvilling in

ment that would levy ship-money.

177f)

England was

1648 that Parliament should levy ship-money, and America

in
llial,

a Parliament should levy ship-money; but the

ill

rarii.iitu'iit

1770 must be a Geiu-ral Assembly, a lower

house of the colonial legislature, the tnu^ American Parlia-

TAXES AND HOME RULE.

29

ment.
against
Avliich

Tlierefoi-e the

War
III.;

of

llic

Rovolutiou was not a war

})rinci])]e

King George
in our clay
is

it

was a war for a

called local self-government, or

tlic

home
colo-

rule.

That the British Parliament had

is

lawful right to

levy taxes in the American colonies

nies

true.

That the

cared to be represented in Parliament by delegates

is

chosen by the qualified electors in America

true.

not wholly

Such a representation was desired by some Americans,

;

and such a representation was theoretically possible

lut it

was practically impossible.

system was too great to

The inconvenience make it practicable.

of
It

such

became

necessary that legislative powers should be exercised in the

colonies,

by the
a

colonies,

and for the colonies

It

has been

customary now for many years to consider the American

Revolution
as,

^^olitical

revolution chiefly, as a struggle

the right to vote and to have

by the

colonists to obtain
It

representation.

was a

political revolution
it

and a mighty

changL^ in the politics of the world, but

was even more

and
in a last

mighty
analysis

as a social and an industrial revolution,

it

must

ai)pear that the i^olitical significance of the

whole war depended upon and followed and took meaning

from the
ury

industrial, the

economic conditions of America and

first

the Americans during the

half of the eighteenth centin process of identification

conditions wdiich
The

had been
of

ever since
colony.

the organization

government

in the oldest

whole dispute was a dispute about taxes; not

laid

a disjjute that taxes be

to

or not laid, but a

dis2:)ute

as

who should levy them; nor Avas it denied that a body should levy them. The question was, which

legislative

legislative
?

body, the English Parliament, or the American Assembly

30

THE FIRST AMEIUCAN' CONVENTION.

But the Americans were not guilty
of

undue haste

in

tlieir

journey from the liouse of dependence to the " new

roof" of nationality.
delegates from
shire,
all

On October

7,

1765,

twenty-eiglit

the colonies except Virginia,

New

Ilam^j-

Georgia, and North Carolina,

gestion of the legislature of Massachusetts,

summoned at met in

the sugthe City

Hall in

New York

to

take into consideration the state of

public affairs.

This

first

American Convention,

after a long

debate, decided to declare that the liberties of

America were

founded, not on royal charters, but on natural rights; and

they issued what Judge Story has called " i)erhaps the best
general

summary

of the rights and liberties asserted by

of

all

the colonies."

This declaration

October 19

sets forth

ideas repeated subsequently at length in the declaration of

1774,
1776,

and again, more comprehensively,

in the declaration of

"That
.

it
.

is

iiise})arably essential to the

freedom of a

l^eople

that no tnxes be imposed on

them but with

their

own

consent, given personally or

by

their representa-

tives;" and "that the people of these colonies are not and

from their

local circumstances cannot

in

be represented in the

House

of

Commons

Great Britain."
in the

of taxation

was comprised

The whole question resolution, "That the only

representatives of the jieople of these colonies are persons

chosen therein by themselves; and that no taxes ever have

Ik'cu or

can be constitutionally imposed on them but by their

respective legislatures."

Meant iirie PaiTiament had

Americans.

laid

an

indirect tax
it

on

the
its

Tlic (ax on tea affected,

was thought by
tea
;

English oi-iginators, only those

who consumed

the tax

on legal papers only the litigious people Avho had business

THE FIRST CONGRESS.

in the courts.

31
to face

Tlie Stanij)

Act of 1765 brought face

the two couteiKling powers

tlie

i)ower in Parliament and

tlie

the power in the coh)nial assemblies to tax

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

This assembly was the

first

Continental Con-

organized a revolutionary government and forbade

further

commerce with England.

Nearly
of

On
its

the 10th of

May

of

the following year the second Congress assembled in the

same

historic city.

all

members were chosen

This Congress

by

conventions specially called by the people.

organized an army and a navy; created a treasury depart-

ment; established a postal service, and issued the Declaration of Independence.

The people
citadel of

in

their colonial assemblies

had seized the

it

government many years before, and

was only a

matter of time when independence would be claimed and

acknowledged.

From

1619 to

1775 every colony became

familiar with the forms, the procedures, and the legislation

of organized governments based uj^on the idea of popular

representation.

It

was not disputed that the assemblies

Retrogression was impossible.
assemblies had

should control taxation.

To

king and to Parliament the

become not
and usurpaan ab-

merely offensive, but menacing.

tions all

The

" injuries

having

in direct object the estal)]ishment of

solute tyranny over these States," as set forth in the Decla-

82

KING AND PRESIDENT.

ration of Independence, are nearly all concerning the laws or

the legislative powers of the colonial assemblies.

The

acts

of these assemblies were described as " wholesome and necessary for the public good," and the accusation against the king

was

his refusal to give his assent to these laws.

if,

parallel

would not be wholly wanting

Congress, the leaders

in case a President of the

jio^^ular legislation

United States should veto some piece of

in
in that legislation

should remonstrate
his assent

to the President

and complain that he had refused

to laws " Avholesome and necessary to the public good."

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

grounded on a dispute concerning

In the case of the Presi-

and executive functions.

dent the accusations were drawn by a committee of Congress; in the case of the king they were

drawn by

a com-

mittee of the people of the colonies constituting a Congress.

But the conclusion

lost because,

of the whole matter in these

lost;

two

cases

was unlike: the king

the President won.

The king

with Parliament, he was hindering the progress

of representative governnuMit

among

the colonies, where that

government, already long established, must necessarily dcvelo}) national

in

iiKlcpendcnce.

The President won

because,

a struggle between the executive aiid a l)arty in Congress,

the indciifudcncc of the executive

was endangered, and Con-

gress was unwilling to establish a precedent which might

work untold mischief

I'rcsidcnt

in

the country. not

The impeachment

of

Johns(jn

was

an

impeachment

because he

CHARGES AGAINST THE

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

certain laws |)assc(l

Congress,

or had executed these laws in a

Congress.

The

accusation

against

manner not intended by King George III. was

tlie

his refusal to assent to

laws

made

for

}!ul)lic

good after

the colonial assemblies had passed them. the accusation touches on the assemblies;

In each instance

nor should any

person

who

seeks to understand the story of government in

it

the United States hope to understand

without reading and

re-reading these solemn charges in the Declaration" of 1776,

which bring

into just

prominence the central idea of the

wliole struggle
blies.

the

taxing power in the colonial assem-

In formulating their charges against the king,

who

stands for botli king and Parliament, the framers of the

Declaration affirm:
" lie has forbidden his governors to pass
di#ite

Laws

of

immeso

and pressing
till

importance unless suspended in their

should be obtained; and

operation

his assent

when

suspended, he has utterly neglected to attend to them.

"

He

has refused to pass other

Laws

for

tlie

accommodawould

tion of large districts of people, unless those peo]ile

irlinquish the right of Representation in the Legislature, a

right inestimable to

them and formidable

to tyrants onl}^

"

He

has called together legislative bodies at places un-

usual, uncomfortable,

and distant from the depository of

their Public Records, for the sole purpose of fatiguing

into compliance with his measures.,

them

"

He

has dissolved Representative Houses rejieatedly, for

S4

THE

CCrSA TTOK

opposing with manly firmness his invasions on the rights of

the people. "

He

has i-efused for a long time, after such dissolutions,

to cause others to

be

elected

whereby the Legislative

to

Powers, incapable of Annihilation, have returned

the
in

People at large for their exercise; the State reriiaining

the

meantime exposed

to

all

the dangers of invasion from

without and convulsions within.

"

He
;

has endeavored to prevent the population of these

foi-

States

that purpose ol)structing the

;

Laws

for Naturali-

zation of Foreigners
their migration

refusing to pass others to encourage

hither,

and

raising* the

conditions of

new
by

Appropriations of Lands.
"

He

has obstructed the Administration

to

of Justice,

refusing his Assent

Laws

for

establishing Judiciary

Powers,

"He

has

made Judges dependent on

offices,

his AVill alone,

f(jr

the tenure of their

their salaries.

and the amount and })ayment oi

"

He

has erected a multitude of

New

Offices,

and sent

hither

swarms

of Officers to harass our People, and eat out

their substance.

"He
"

has kept

among

us,

in times

of peace, Standing

Armies without the Consent of our

legislature.
JMilitary

He

l)as

affected to render
to the Civil

tiie

independent of

and superior
"

Power.

He

has combined with others to subject, us to a juris-

diction foreign to our constitution, and

unacknowledged by

our Laws; giving his Assent to their Acts of pretended

Legislati(jn
:

CHARGES AGAINST THE

"For

KING.

35
us:

quartering large bodies of armed

men among

" For protecting them,

by a mock

Trial,

from Punishment

for any JMurders which they should

itants of these States:

commit on the Inhabof the world:

"

For cutting

off

our Trade with

all ])art8

"For imposing
"

taxes on us Avithout our Consent:

oY

de])riving us, in

many

cases, of the benefits of Trial

by Jury:
"

For transporting us beyond Seas

to be tried for pre-

tended offenses:
" For abolishing the free

System of English Laws

in

neighboring Province, establishing therein an Arbitrary government, and enlarging

once an example and
fit

its

Boundaries so as to render

it

at

instrument for introducing the same

absolute rule into these Colonies:

"

For taking away our Charters, abolishing our most

val-

uable Laws, and altering fundamentally the

Forms

of our

Governments:
*

"

For suspending our own Legislatures, and declaring

in
all

themselves invested with Power to legislate for us

cases Avhatsoever,

"

He

has abdicated Government here,

b}" dec^laring

us out

of his Protection and

waging

War
is

against us."

Much might be
the substance of
tial

written in exposition of these charges, but

exposition
the evidence that the essen-

all

difference between the colonists and the English governAvas

ment

concerning legislation

in

the colonial assemblies.

assemblies,

King and Parliament wished

and the assemblies wished

to get rid of the

to get rid of king

and Parliament.
is indis-

Th(! legal right of Parliament to tax the

Americans


36
putable, but the
to

ENGLAND'S WANTS.
Americans
liad

otitgrowu their willingness

'^hey thought that to tax
;

submit

to that legal right.

themselves was their natural right

and

to tax tlieniselves

was

essentially to

govern themselves.

Parliament and king,

like CfBsar

when he

crossed the Rubicon, had the law technic-

ally

on their side; but the Americans believed that the law

was wrong.

For a brief time

in the history of the four

Georges king and Parliament united

against the rebellious Americans
their nature
results.
;

in a

common

cause
in

but

events,

complex

and international

in

importance, dictated strange

in

The
from

lack of great soldiers

services in

England cut the kingas earlier in the cent-

dom

oflf

America such

ury had been done by Marlborough

in the

Low
in

Countries, or

a generation later in the early years of the nineteenth century

Avere

done by Wellington in Spain and

Belgium.

The

j)ossible service of

Lord Clive

in

America was prevented by

his

sudden and terrible death, or perhaps Washington and

Greene would have met a leader Avorthy of their poAvers.

distance of the field of operations from England
;

The

the bitter-

ness of political factions in Parliament Avhen the cause of

America had
tinient
;

liroken the transient solidarity of opposing scn-

the French alliance;

the unflinching perseverance

of the Americans and their patriotism almost unparalleled;

and the jiaradoxical course of

military
success

affairs in

the United States

and conservatism and unprecedented and autliority at the same acknowledged feebleness of the ci\
il

time
w

arc

sonic of the clciiiciits and

^Vuici'lcaii iial ioiialil y.

factors wliic'h at last

ioii'_;lil,

out

The

('ongrcss wliicli
(lest ine(l

issued

the

)eclar:il ion

of Independ\\\ a

ence was

to experience strange vicissit udi'S.

aOYEENMENT TAKEN

Ur.

37

succession of delegates, irregularly kept up

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

quorum, a few Jays before the inauguration,

national

in 1*780,

govermnent under which we now

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,

but continued under their

libei'al

charters.

These two colonies had long enjoyed the republican form of

government.
Coimecticut, under her old charter of 1662,
civil life

had organized her

upon so popular a basis that she

under her charter

continued her frame of government until 1818 almost unchanged.

Rhode
But

Island, similarly situated,

of 1663, continued her plan of civil organization

until 1842.
in eleven of the colonies the

unchanged

recommendation

oJiCongress " to take up civil

alacrity.

government

"

was followed with

Conventions to forni new State constitutions soon

were

called,

and during the next two years written

consti-

tutions were ])roclaimed in these eleven States.

setts

Massachu-

submitted the work of her convention of 1778 to the

it

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-

vention was submitted to popular vote, was adopted, and

remains to this day, with a few unimportant modifications

adapting
it

to

changed conditions, the fundamental law of

only constitution of those
fii'st

that State.

It is the

made by

38

STATE CONSTITUTION MAKING THEN AND NOW.

is

the States whicli has survived, and

stitution in

the oldest written consuljniit their con-

America.

Nine States did not

stitutions to popuhir vote.

The times were times

first

of war, and

the conventions which framed the

constitutions inter-

preted

the wants of their States so closely that, Avithout

doubt, each constitution would liave been approved, although

not witli heavy majorities in some of
tlie

States, because tlie

all

revolutionary feeling Avas not equally strong in

parts of

America.

It is

now customary

to submit a

new

constitution

to the people for ratification.

In each of the six

new

States

of 1889-1890 the constitution Avas submitted to the electors

and adopted

in

three of the States a special clause being

submitted separately from the body of the constitution.

Mississipii the

In

new

constitution of 1890 was promulgated as

it.

in force

by the convention which framed

is

The custom

in

America

submission for ratification.

all

Between 1776 and

constitutions.

1789 nearly

the States framed

new
It

But

only Massachusetts and

New

Jersey submitted their consti-

tutions to the test of a po])ular vote.

was mau}^ years

in

some States before a constitution which had received popular approval at the polls became the supreme law. The constitution of

New York

of 177G continued in foi-ce until 18lM.

Maryland's constitution of 1776 was displaced by her second

constilution of 1X50.
tution of 177(J
stitution
till

North

Cai'olina continued

her consti-

18(55.

New

Jersey framed a second conlier

in 1844.

Vermont

supjilantcd
later.

constitution of

1785

by another seven years

The

constitution of
(Jeorgia lived

South (-arolina of 1790 lasted seventy years.

iiihIcit
I

he constitution of 1788 until

lit

it

was superseded by
in

lit'

constit

ion of

l.s;i9.

Delaware framed a constitution

EXPKlilENCE Dfi'TATES.
1792 which
l'cnu5*ylv;ini.i

39
eoustilutiou of

wus
(if

in
177(5

I'orce

till

I80I.

Tiie

gave place to that of 1789, whicii was

approved

ly

the people; and the constitution of 1789 was

supplanted
of 1837.*

by a small popidar vote hy the constitution

In

1770

there

was a substantial unanimity of

in written foini the

o})inion
JState

throughout the country concerning the

essentials of

government.

Each State put

to

system of

government
*

which

it

was accustomed or for which the

New

State CoNSTrruTiON'S.

The
in

Slates have framed eonsiitntiuns as

follows (the States are

named

the order in which tliey

came

into the

Union)
1.

Delaware, 1776, 1792. 1831.

Penn.ylvania, 1776, 1790, 1838, 1873.

2. 3.

New

Jersey, 1776, 1844.

4.
5.

Georgia, 1777, 1789, 179S, 18:i9, 1868, 1877.

Ct)nnecticut, Charter of 1662, Constitntiou of 1818.

6.
7.

Massaciiusetts, 1780.

Maryland, 1776, 1851, 1864, 1867.

8. 9.

New

South Carolina, 1776. 1778, 1790, 1868. Hampshire, 1776, 1781, 1792, 1876.
Virginia, 1776, 1830, 1850, 1870.

10.
11.

New

York, 1777, 1821, 1846.

Island, Charter of 1663, Constilntiuu of 1842.

12.

North Carolina, 1776, 1868, 1876.

13.
14.

Rhode

Vermont,

admitted

March
1,

4,

1791,

Free.

Constitutions,

1776,

1786, 1793.
15.

Kentnck}', admitted Jnne

1850, 1891.

1792, Slave.

Constitntions, 1792, 1799,

16. 17.
IS.
r.).

Tennessee, Jnne
Ohio,

1,

1796, Slave.

1834, 1865, 1870.

November

29, 1802, Free.

1851. 1845, 1852, 1868, 1879.

Louisiana, April 30, 1812, Slave.

Indiana,

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

THE CONSTITUTION OF MASSACHUSETTS.

colony liad been striving for

many

years.

No

niei'e

experi-

ments were made.

If the constitution of Massachusetts

may

be cited for ilhistration

and

it

differed but slightly from other

in

State constitutions framed in the eighteenth century

ica

Amer-

the course of constitution-making

is

in

the States from 1776

to 1790

plain.

preamble declares the purpose of govpolitic; to

it

ernment "to secure the existence of the body

l)rotect
it;

and

to furnish

the

individuals

who compose

with the power of enjoying in safety and tranquillity their

natural rights and the blessings of
life.

And whenever
a right to

these objects are not obtained the people have

alter the
24.
25. 26.

government and
August

to take measures
1865, 1875.

necessary for

Missouri,

10, 1821, Slave.

Arkansas, June

15, 1836, Slave.

1868, 1874.

Michigan, January 26, 1837, Free.

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.

33. Oregon, 34.

February

14, 1859.

Free.
Free.

Kansas, January 29, 1861.

tion in 1859, on

(Slave

constitution,

1855; free

constitution in 1857; slave constitution iu 1858; a Tree constitu-

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.

41. Montana, Nove.iaber 8, 1889.

42.

1889.

43. Idaho, July 3, 1890. 44.

Wyoming. July
vf
llo:

10, 1890.
p.

Sec the author's UoUfnuuiid of

294.

the Ptople

United States,

G VERNMENT fX MA S/^A CIIUSETTS.

iheir safety, prosperity,
is

and

liap})iiiess.

Tlie

body

politic
It is a
wit'i
all

formed by a voluntary association of individuals.

and each
citizen with the

social

compact by which the whole people covenants

be governed by certain laws for the

eacli citizen

whole people that

shall

common
mode

good.

It

is tlie

duty of the people, therefore,

in

framing a constitution
of

of government, to provide for an equitable

making

laws as well as for an impartial interpretation and a faithful

execution of them; that every
security in them.
setts,

man may

at all times find his

We,

therefore, the people of Massachu-

acknowledging with grateful hearts the goodness of

the Great Legislator of the Universe in affording us, in

the course of his Providence, an opportunity, deliberately

and peaceably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each
other,

and of forming a new constitution of

civil

govern-

ment, for ourselves and our posterity, and devoutly imploring his direction in so interesting a design.

Do

agree upon,

ordain, and establish the following declaration of rights and

frame of government."

The

declaration of rights in this

in the

constitution, essentially the

same

other States, sets

b)'-

forth the civil rights of the citizens.

l^irth, all

Free and equal

men have
and
in the

certain natural, essential, and unalienable

liberty; to property

rights: to life

and to happiness; to and the

freedom

worship of

God;

to free elections

impartial administration of the laws; to jury trial and ex-

emption from unreasonable searches and seizures; to liberty

of the press; to keep and to bear arms; to peaceable assem-

bling and to petition; to freedom of debate in legislatures;

to

immunity

i'rom ex post facto

laws

that

is,

from "laws

42

LAWS, NOT MEN.

to })uni.sh for actions
wliicli liave

made

done before the existence of

sncli

laws and

not been declared crimes by

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

(quartering of soldiers in private houses without

in

the owner's consent in time of peace, or

time of war save

in

law

may

prescribe.

These fundamental notions

government are
provisions

set forth in all the

State constitutions and

colonial

are to be traced in enactments

in the

by

assemblies, to

English Bill of Rights of 1689, to the

Great Charter, or to the unwritten law of England; and

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

to the close of the eighteenth

century, both in Europe and in America.

" In

the government of this

Commonwealth," continues

the constitution of Massachusetts, "the legislative depart-

ment

sliall

never exercise

tlie

executive and judicial powers,

or either of them; the executive shall

legislative
dicial

never exercise the

and

judicial

powers, or either of them; the juthe

tlie

shall

never exercise

legislative

au'l

executive

powers, or cither of them; to

end

it

may

be a goveiMi-

mcnt of laws and not of men."

The
l'onnc(l

legislative

powers were vested

in

the general court,

by two

braiiclics, a

Senate and a ITouse of Repre-

sent at ixcs.
all

The

legislature assend)led aniuially

and passed

laws adjudged necessary lor the welfare of the people of

(

the

'onnnonwealth.
is

'I'heic

was no limitation on the

in all Stat(^

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 did not ai)|)rove

in

he retiirne(l
originated.

with his ol)jeetion to the house

reconsider
it,

which

The two houses could

l>y

tlie bill
it

so re-

turned, and

a two-thirds vote })ass

it.

and

became a

law as

if

the governor had signed

The Senate was com-

posed of a smaller number of members than was the House

of Representatives.

The

senators represented districts into

district consisting of sev-

which the State was divided, each

eral

towns,

or, as

they are more commonly

known
of

outside of

New

England, counties.

Senators were cliosen in 1780 at

county meetings by the

of the
estate

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

estate of the value of 60.

The

dwelling-

home

of the elector determined his legal residence

and place of voting.

The

senator himself was required to

possess a land estate in the

C'ommonweahh

of the value of

300

at least, or to

be jiossessed of personal estate to the

value of 000, or of both, to the amount of the same sum.

He was
also to

also required to be an iidiabitant of the State for

a term of five years immediately preceding his election, and

be an inhabitant of the

district in

which he was

chosen.

The mention

of personal property implies that bj'

1780 there had been a great change in ])roperty-holding in

America, and that opinions concerning

changed.
In 1619, in Virginia,
the entire
it is

])ro])erty
if

had greatly
the personal
in value

doubtful

]n"operty of
1*600.

community amounted

to

By

1780 the value of personal property in Massa-

chusetts was almost as ajreat as the value of real estate.

44

THE MEMBER OF THE HOUSE.

The House
towns.
It

of Representatives

was comixtsed of members

distributed according to the

popuhition of the corporate

was a larger body than the Senate.

one representative.
ballot,

Each town
first

liad at least

Massachusetts Avas the

colony to introduce the written

about

1634,

and

members

of the legislature were chosen

by written

votes.

To be

eligible to the

House of Representatives a man was

to be

required to be for one year an inhabitant of the town in

which he was a candidate, and

Avhich he

owner

in his

own

right

of real estate of the value of 100, situated within the

town

would be chosen
estate,

to represent.

Or he was

to possess

any ratable
200.

such as personal property, to the value of

If after his election he lost his ])ro}ierty so as to bedisqualified

come

for being a

representative, he

thereby

ceased to represent the town.

The member

of the

House

of

Representatives was not required to possess so

as

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

whole by the senator; the town, by the member of the

House.

person qualified to vote for senator was also

qualified to vote for a

member

of the
office

House or

for governor.

No

person was eligible to the

of governor unless at

the time of his election he had been an

inhabitant of the
tiie

Commonwealth

for seven years pi-ceeding, and at

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

lieutenant-governor was recpiired to be

(pialified like the

governor.

He was

member

of the gov-

ern* n's council,

and succeeded him as governor of the Comgubernatorial chair became vacant by

monwealth

in case the

THE COUNCIL.
reason of the death of
State, or
liis

45
liis

tlie

governor, or

absence from the

his office.

inability to

perform the duties of

eliosen fi-oni

Nine councih>rs were annually

sons returned for
of the

among

the perballot

councilors and senators by the joint

legislature.

two houses of the

In case any of

tlie

nine

persons so cliosen declined a seat in the council the deficiency

was made up by an election by the two houses from among

the people at large.

The number

of senators left constituted

the Senate, but a councilor was required to vacate his seat

in

the Senate, or the executive and

the legislative duties

would have been confused.

in the

The

council,

which

still

exists

Massachusetts and Maine system of government, in

till

New

Hampshire and Vermont, and

1886 in Florida, was

All judicial officers

for the aid and advice of the governor.

were appointed by the governor with the consent of the

Senate,

and held
office

office

during good behavior.

officers of the

To

this

tenure of
trates,

minor judicial

rank of magis-

and below that rank, were an exception, holding their

term of years.

offices for a

The governor and

the legislature,

or either of thein, could require the opinion of the justices

of the

Supreme Court upon important questions of

law.

The

delegates to Congress were elected

by

the joint ballot of the

two houses,
could
1)e

to serve in Congress for one year.

Any of them

recalled at

any time within the year and others be

chosen in the same manner in their stead.

thirds of the electors in the

Whenever two Commonwealth desired a revision

of the constitution the legislature was required to cause an

election of delegates to assemble in convention for that purpose.

Under

this

provision the constitution of

1780 has

been amended thirteen times.

Provision was

made

for

46

THE CO MM OX PLAN.
the university
at

education by incorporating

Cambridge
Harvard

under

tlie

control of the i^resident and fellows of

])roviding
fur
])ublic

College,
schools,
arts,

and by

schools,

grammar

and for institutions for the promotion 'of science,

commei'ce, trade, manufactures, and agriculture, and for

the encouragement of ])ublic and private charities, industry,

frugality, honesty,
social affections

and punctuality

in

business,

"and

all

and generous sentiments among the people."

The

legislature exercised its jjowers at its discretion,

and

the governor was given the pardoning power, to be exercised

''by and with (he advice and consent of the council."
lie
all

was commander-in-chief of the army and navy, and of

military forces of the State.
])ointed all judges,

lie signed all commissions, ap-

and with the consent of the council could

so to

remove them upon the address

legislature.

do of both houses of the

On

this general ])lan the State

governments
in

in

America
in

in

1776 were framed.

For a few years

Georgia and

Penn-

sylvania the legislature consisted of a single house, but the

second constitutions of these States provided for two houses.

(Jovernment was tlierefore organized, distributed, and administered in the thirteen States on a
scril)ed
jilan

which may be dedue

as

common.

In the details

of State constitutions
to situation, to

there were

many

differences, differences

prevailing manners and customs, to the industrial conditions

which distinguished the several States from each other.

in this Itrief

I>ut

story of the C\)nstitution these details cannot be

j)resented.
tlie

In each Slate the Ass(Mnbly or lower house of

legislature,
p(;ople

was the

central autliority, lor to

tliat^

house

had the

delegated that sovereign power, the powt'r

TWO CHEAT CHANGES.

to levy taxes

47

and

to ai)piopiiate to

moneys.
first

But we would
State constitu-

greatly err Avere

tions

we

impute to these

and goviTniiK'nts that

incaniiig, form,

and interpreta-

tion Avliieh are

given to Slate constitutions

i-eign in

now

in force.

The
tlie

ide.is

which

modern State
foi'tli

constitU\tion are not

so simple as those wliich stand eighteentli century.

in

the constitutions of

Two great
tlie

changes distinguish that

])eriod
ical

and the present

industrial

change and the

polit-

change.

By

tlie

industrial

change the whole face of the

Bridle-]aths
;

country presents a new

to canals; canals

a}>j)eai'ance.

gave place

gave place to railroads

railroads divide in
lines.

importance with telegraph and telephone

tions,

Corpora-

not dreamed of in 1780,

see

now

are "bodies ]oIitic," as

any one may

who

will

read the constitutions of the six

new

States.

Discoveries and inventions and industries have

Avholly rewritten the Slate constitutions,

and not only

interpretations

re-

written

them but have compelled new

of

phrases found in ancient charters but

now employed with

have compelled

modern meanings.

The

industrial ch.inges

constitution-makers to provide for groui)s of interests which

have come into American

life since

the days of the second

war

Avith

England.

A
it is

recent State constitution resembles a

compai-ecl Avith the brief, simple,

code of laws v/hen

and

comprehensive
Avhich

summary
is

of

lundamental

civil

principles

composed the constitution of a State a centur}^ ago.

political,

The second change

in brief,

and

affects the elector.

It

is,

the abolition of pro])erty qualifications and religious the liberation

f
tli(^

tests

it is

franchise.

The

i-estrictions

on

the

franchise under

tlie

Massachusetts constitution of

IT.'^O

are less onerous than the restrictions

which prevailed

48
in

PROPERTY
some of the
States.

QUALIFICATION!^.

In

New
in

Jersey the elector was

re-

quired to possess 50; in Maryland, fifty acres of land; in

Delaware, a freehold estate;

of land
;

North Carolina,

tifiy acres
in

in

Georgia, |10, or to be of any mechanical trade;

in real estate

Nevy York, 20

would he vote for a member of

Assemlily, and 100 would he vote for a

Senate;
in

member

of the State

South Carolina,

fifty acres of land; in

Connecticut,

an estate in land of the yearly value of $7; in

real estate of the value of
in

|134; in Virginia he must

in

Rhode Island, own land;

Pennsylvania, fifty acres; and

to

New

Hampshire and VerTaxes on property

mont he was required

were levied

pay a

poll-tax.

in all the States.

Nor
still

Avere property qualifica-

tions limited to the elector; the executive

was required
In

to

possess real or personal estate of

greater value.
;

New

Jersey he was required to be worth 10,000

olina,

in

North CarHampshire,
in

1,000;

in

South Carolina, 10,000;

fifty acres of

in

Georgia, 250,

or

two hundred and

in in

land

in

New

500;
land;

JMaryland,

5,000,

of

which 1,000 must be

Delaware he must be a land-owner, and custom

fixed the qualification at not less than landed estate of the

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

land of the yearly value of

But

in

Delaware,

New
it

York,

in

Rhode

Island, and in Connect-

icut oidy nu'U of large wealth wei'e ever

made candidates
all

for

governoi-, and
chiefiy

may

be said, that

in

the States

it

was

from

old,

wealthy, and influential families that the ex-

ecutive, the judges, ami the nu'inbers of the u]iper house in

the legislatui'e were chosen; to the lower house a poor

niighl lioiie to

man

come, or at

least

he would

]iot-

be debarred

HFLIGIOUS TESTS.
froiii

49
pooi*

cuming by

his poverty.

There were more

as

men

than rich

men

in

America a century ago,

now; but

tlie first

State governments and their successors lor

many

years were

not the poor men's governments.

The

electors

and the elected were

also required to

have

delined religious opinions.

Atheists, infidels, agnostics, and

non-churclnnen were disqualified fi-om voting or from holding

in
office.

In

New

llampsliire, in

Vermont,

in Connecticut,

New

Jersey, and in Soutli Carolina electors and elected

religion.

were obliged to subscribe to the Protestant

In

Massachusetts and in Maryland they were required to believe in the Christian religion,

which meant membership

In Delaware they

in

the Episcopal Church in Maryland, and in the

tional

Congregasul)-

Church

in

Massachusetts.

scribed to belief in the Trinity and the inspii-ation of the

Scriptures; in

North Carolina,

to the divine authority of the

siir-

Bible and in the Protestant religion, which in that State

nified

membership

in the Episcoj)al

Church.

Pennsylvania,

with Quaker

simjjlicity,

required belief in one God, in the

inspiration of the Scriptures,

and
evil.

in the future

reward of

good and

in the

punishment of

New

York, Rhode Island, Virginia, and Georgia made no

formal requirements, but by force of custom in these States

the Protestant faith was predominant, the Episcopal Church
in Virginia

and
in

in

Georgia, the Baptist Church in

Rhode

Island,

and

New York
But

the Congregational and the Epis-

copal Churches.

in these

last-named States no

man was

excluded from the franchise because he belonged to any

other Christian denomination.

Limited by the qualification of property, of religious opin4

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

York, a free black might have been seen

the polls.
in

Estimating the entire population, free and

is

slave,

177G at two and one half millions, which

a large es-

timate,

by the

ratio of the free franchise to

which we are

accustomed, one elector to

five of the population, there

fifty

would

have been above four hundred and

the
thirteen
States.
It
is

thousand voters in

difficult

to ascertain the exact

number at that time, but careful computations indicate that the number was less than one hundred and twenty-five thousand
souls.

It is

perhaps not incorrect to estimate the numIn twenty-six States to-day,

ber at one hundred thousand.

just twice the

number

of the original Union, the right of

suffrage

is

exercised, at times

and for certain purposes, by

It

women.

Not

woman

voted a century ago.*

may

sur-

prise us to discovei' that the franchise

was

so limited in this

country at a time

when

the

fathers

and the sons were

no strong op-

struggling for liberty.

I>ut to this limitation

position developed until after the national Constitution had

been for a quarter of a century the supreme law of the land.

Ignorance and poverty marked as their own the majority of
the inhabitants of the States Avheu independence
clared.

was

de-

Not

all

States

made

})rovision, as did Massachusetts,

fur the ('(lucalion *

of the masses at public expense.

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

of real estate in tlieir

rigiit.

EDUCATION.
were no
})ublic

51

schools.

And wo
tlio

slioiild n<t for a

moment
France,

f<.>rget th.'it tlie

condition of

masses

in

England,

in

in

Germany,
in the

in Italy,

was

at that time far less comfortable

than

United

States.

Democracy has tnrned

Education
in

the world

npside

down

since the

American States made

is

their first conlonofer a State

stitntions of government.
secret, a

no

wonderful talisman
first

the Latin tongue.

When

Massachusetts

framed a re}ublican form of government

the ])rofessors at Harvard were lecturing on Aristotle in

Latin to their classes. There were perhaps not above five great
schools in

America

Harvard, Yale, Pennsylvania, Princeton,

The course
of study in
at that time considered far in

and King's College, now Columbia.

any of them was

the age, but
certificate
it

advance of

would not now

satisfy the requirement for a school.

from a
man,

res^^ectable fitting

Few young
him
;

men

ever weiH to college.

to

There was usually but one use

a clergyman out of

for a college
jirentice, a

make

an ap-

mechanic, a merchant, a lawyer, even the town's

doctor, ha<l, as
lege.

was commonly thought,

little*

use for a col-

The mothers were the country's

teachers,

and their

busy and burdened lives could find scant time for teaching

more than the alphabet and a

language of Scripture.
line,

tolerable pronunciation of the

coast-

Except along the fringe of

newspapers scarcely were to be seen

in the country,

and

not a magazine, as

we know

the magazine, was in existence.

The

terrible struggle for daily

bread consumed the energies

of the masses, and in their rude lives literary amusements,

now

too

common

to attract atteation, were wholly

unknown.

In the large towns were clubs composed of a few enterprising

young men,

at

which were discussed, largely with-

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

our day the questions which interested them:

rights natural or acquired
?

Are human

Should government
?

be organized for the good of the people

tions involving principles

and other ques-

which

Ave accept as forever settled.

These

political clubs

were unknown
in

to the rural

districts,

except here and there, where, as

some

j^arts of

Massaor

chusetts and Virginia, a solitary genius, like

James Otis
of

Patrick

Henry, helpless

in

the

confusion

streaming

tlioughts, sought relief

fai'mers

and planters

by conversations and arguments with who had a moment's leisure. The ago
it

was

an inquiring, not a critical, age, and

builded on

its

isolated experience quite unconscious of the style of its

ical architecture.

i)olit-

It is a

century after that marks the age

im})Utes

of criticism,
to a

when

analysis outruns principles and

body of earnest yeomen,

and

as they usually described them-

selves in their deeds

wills, a

knowledge of

political sci-

ence Avhich the world does not yet fully possess.

Our

an-

cestors Avere active, honest, fearless, ])ersevering, practical

men; nothing more, for there

Avas nothing ntore.

But every

American
coln.

in 177G Avas not

a Franklin or a Jeiferson, any

i\.meric;an a

m<jre than in 1S60

was every

Field or a Lin-

No

brief description of the Anierictan of 1770 excels

that given of

him by Emerson:

"tlu; embattled farmer."

Avliile

The
])ill
)ai'l

conslitutions of the States,

rights,

alike

in

having

a-

of

an executive dej)artnu'nt, a

legislative de-

nieiil, Mini

a judi(!iary, differecl widely Minong themselves

in

the piaci ical administration of altairs.

In the Southern

TTTLES

53

States the offices were almost exclusively in the control of

the oldest families, possessing ancient nanies and plantations

of thousands of acres.

In the central States the offices were

held
land.

by

a similar class, constituting the aristocracy of the

In

New
life

England, more than

in

any other part of the

like

country, thei'e was a chance for

men

Roger Sherman
j)ro-

who began

a shoe-maker, acquired at the bench a

jiractical affiiirs,

found knowledge of

studied law, and rose to

most honorable fame

in civil life.

Among
In
in

these various constitutions was a

office

number

of titles

designating the same

or department of government.

New

Hampshire,

in

Pennsylvania, va Delaware,

and
in

South Carolina the executive was called President,

he was styled (4overnor.

the remaining States

islature

The

leg-

and

its

two houses were known by day known by

the State.

different

names,

as they are to this

different names.
it

The
in

term legislature

itself

meant then what

In

means now,
England,
Carolinas
in

the law-making bodj'' in

New

New

York,

in

Maryland, in Virginia, and

in the

the upper house

was

called the Senate; in

it

Vermont,
its

New
name,

Jersey, and in DelnAvare

was known by

colonial

the Council.
the

The

title

House of Representatives described

in

more popular branch

New

England, but
in

it

was known

as the

Assembly

in

New

York,

New

Jersey, in Penn-

sylvania, in

South Carolina, in Georgia, and in Delaware.

Virginia and Maryland called the lower house the House of

Delegates, and North Carolina used the

name

the

House of

Commons.

The

State governments were uniform in pre-

scribing a longer term to

members

of the lower house, and also in

members of the upj^er than to making a distinc-

54
tion

THE COURTS.
between
their

functions.

In Virginia and in Massa-

chusetts the Senate represented large districts or groups of

interests in the State, the lower house being
in

more numerous
representa-

membership, which was based upon population, each of

its

the smallest constituencies in the State having

tive.

The upper house

still

of the State legislatures was, and in

general

remains, similar to the national Senate, and

the lower house to the national

House of Representatives.

But

it

need scarcely be remarked, by

way

of caution, that

at the time

when

the

first

State constitutions were

made

the

national Constitution
future.
.

was yet nearly twenty years

in the

The lower house

to appropriate

Iiad the exclusive right to levy taxes

and

money, but the upper house had the longer

it

term of service and

appointments.
It

was consulted by the governor

difficult,

in his

would be

perhaps impossible, to

bring into one brief statement any just comparison of the

various State judicial systems. Constitution
tice,
is

No
The

])Qxt

of the story of the

more

difficult.

intricacies of legal i)rac-

the traditions from England, the

new customs which

in

sprang up in colonial courts, the isolation of the States

legal matters so that the rules of court in one part of the

country, and often in one part of a State, were wholly different from the rules in another part of the country or of the

same State forbade a uniform

titles, in

judicial system.

In judicial
office, in

the jurisdictions of

coui'ts, in

the tenure of

the relation between courts of different jurisdiction in the

same State

will be

found differences altogether too confusexamination here.

ing to permit a

full

glance at the
in

many

judicial systems to be

found at the present time

our

THE

CIRCUIT.

55

four and forty States, after a century of union and a constant tendency to uniformity in State practice, suggests

what

curious differences would be found in the judicial systems of

a century ago or more,

when

there

was no union and no

but a studied effort
of magistrates

tendency toward uniformity

for diversity.

in practice,

Then judges above the rank

good behavior.

were usually appointed by the executive of the State to continue in office during

Now

the judges in

the higher courts are elected

by

the people for short terms,

except in Massachusetts and in

are appointed for life; and in
Mississippi
for a

Rhode

Island,

where they
in

Delaware and Louisiana,

and

in

Kew

Jersey, where they are appointed

term of years.
in

Then

the judicial acts, proceedings,

and decisions
selves, in

one State had no force or value, of themState, so that there

any other

was no

2:)racticable

relief in interstate cases.

Lawyers were seldom

called out

of their

own

State to try a case, and both judges and lawtill

yers went on circuit, from court town to court toAvn,

cases were
all

the

tried

and the dockets

cleared.

Curiously
is

enough, the only remnant of the old State court system

now found
members
in

in the

Supreme Court of the United

is

States,

whose

at certain seasons of

the year hold circuit court

divided.

the nine districts into Avhich the country

century ago probably every judge iu the land held circuit

court,

and the system

in the States
civil

was not abandoned

unlil

about the time of the

war.*

Judicial matters were con-

fused in the early State constitutions, and the absence of a

central overruling court of
last

resort caused

many

dis-

tressing evils.
*

New

Jersey

still

has the nisi priim system of circuit courts.

56

TEE A SSEMBL Y REMA TNS.

In the administration of government there was a similarity

among

States of the same section of country.

New York
Jersey had
in

was greatly influenced by the system of administration com-

mon

to

New

England,
with

Pennsylvania and

New

little in

common

New

England, hut much

common

with each other.

Maryland and Delaware formed a group.

Virginia, the largest and most populous of the States, dif-

fered widely from the northern type, and had a marked

in-

fluence on the system of administration found in each of the

States

farther south.

These

similarities

and

differences

pointed out by writers

ancestors a century ago.

now were

not so clearly seen by our

It is correct to describe the State

constitutions of the eighteenth century as alike in general

plan but
to

widely''

differing in details.

Each State claimed

But
in

be sovereign and indei3endent.

the

struggle

between king and people for sovereignty the people had

won, not, as
it

was

at one time thought,

by the triumph

of State sovereignty, but

ereignty.

by the triumph of national sov-

Governors appointed by the king gave place to governors

elected

by the

people, and because of their old jealousy tofirst

ward governors the

limit the

executives in the States had far less

of States in our day.

power than have the governors

We

powers of the legislature and increase the powers

of the governor; they gave unlimited powers to the legislature and limited the powers of the executive.

The

difference between the constitution-makers of our

day

and the constitution-makers of a century ago marks one of

the most significant changes in the
of the United States.
civil

and

political history

The

old governor's council

gave place

THE rOWER OF CUSTOM.

to the upper house in the legislature chosen

57

by the

electors.

One

part of

the colonial

government most

essential

and
still

central in authority

was continued

the Assembly, that

The new

possessed the right to levy taxes and to appropriate money.

This

is

the only

j)art

of our State governments that comes

centuries.

down

to us

unchanged for two

State

judiciary, like the old,

was appointed by the executive, with

the United States

the consent of the legislature, usually, of the upper house,

just as

now, when a vacancy occurs

in

courts, the President appoints a

man

to the office, with the

consent of the Senate of the United States.

Thus we discover
gress

that

when
up

the second Continental Con-

recommended

to the colonies to transform

civil

themselves

into States and " to take

government," the change

for the change

was an easy one, because the machinery

constitutions the system of

had

long been in motion, and the jaeople merely put into written

government

to

which they had long

been accustomed, or to which events had been for

leading them.

many

years

When the hour came the new actors that came

new meaning that only The colonial Assem-

upon the stage were the old familiar actors who spoke familiar
lines,

perhaps here and there with

their readings

made

more

interesting.

bly triumphed over the British Parliament, as the British

Parliament, a century earlier, had triumphed over a British

king.

The

firm insistance

by the people expressed

in the

thought and action of their leaders

of rights, "

in successive declarations

That
.

it is

inseparably essential to the freedom

of a people
their

that no taxes be imposed on

them but with

own

consent, given personally or

by

their representa-

tives,"

and that no taxes could " be constitutionally imposed

S8

THE TAX STRUGGLE CONTINUES.

on them but by their respective legislatures," brought the

whole

i^eople at last, of necessity, into a

war with the home

independence.

government,

and eventually into national

test of the

But the supreme

It

triumph had not yet been made.

closed,

came

after the

war had

after peace

had been

declared, after enthusiasm had fallen asleep and the

responsibilities

mighty

of nationality and

power were before the

}jeople face to face.

Then

it

was, during the dreary and

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

compelled the people of the United States to form a

more perfect union.

We have

now

rapidly traced the growth of constitutional

first

government from the time of the

given by James
I.

Virginia charter

onward,

])ast

London and Plymouth Companies the meeting of the first American General Asto the
rights,

sembly in 1G19, past the time of the declarations of

past

the time of the Continental Congress to the period

colonics with one accord and almost at the

when the
iiiuiiM'ut

same

transformed

themselves

into

States.

Omitting

many
itlea,
^\'('
H'llii.

incidents of the story,

we have

considered only one

very briefiy
discov('re(l

the idea of the sovereign

powrr
in tlie

taxing ]>ower.
in

lliat

Assembly

Virginia

in

We

disc(ncre(l tliat

])()W('r in
tlie
oi-

the lower house of cacli

first

coloiiial

legislature,

and when

Slate constitutions

are fdiincd

we
il

detect no bicak
ail'airs,

interruption in the main

enrrent. of ei\

for

tlie

lowei' house still ])()ssesses the

THE EVILS OF THE DA

taxing power.
that

T.

59

About

that

power the

battle raged

and about

power
in

it

will continue to rage.

tlie

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

America from 1619

unquiet times.
spiracies,

Difticulties,

jealousies, recriminations, con-

trespassing

legislation,

conflicting
rivalries,

decisions

of

courts,

commercial avarice, and bitter

dishonorable

actions,

and gravely alarming conditions

at.

in all public att'airs

all

have scarcely been hinted

But they

existed,

and

many more.
which has
States.

We
its

have told the story of the Constitution,

chapter in the story of the individual
are

first

While these States

framing plans of govein-

ment

there are national interests imperiled, interests of far

greater magnitude.

60

THE UPRISING OF THE PEOPLE.

CHAPTER
HOW THE

II.
FEI.I,

STATES FORMED A CONFEDERATION WHICH TO PIECES BECAUSE IT HAD NO TAXING POWER.

ivvG-ivsn.

The
all
])ire.

Revolution of 177G was the uprising of

tlie

people of

the colonies against the government of the British

Emcivil

Before the war the coh^nies were on a plane of

equality, an integral part of the empire.

The Revolution

knew no precedence among

no colony can be said to have
in the war.

the colonies, and the people of

jiriority of right of leadership

The people

acted as a unit.

Separate and

in-

dependent State revolt from British authority was unknown.

Colonial representation in the general assemblies was familiar to all the peo2:)le,

and when the time for concerted action

course of choosing

came the

peo})le followed the familiar

representatives to a Continental Congress as they liad long

been accustomed to choose representatives to their local assemblies.

The

assemblies had considered only the wants of the

the

individual colonies which they represented;

Congress

took into consideration the general welfare of America.

the
first

To

Continental Congress which assembled

in

Philadel-

phia on the 5th of September, 1774, delegates came from

the different colonies, chosen in some

by the members of
by the

Asscnnbly, in others

by a convention

specially called

electors in the colony.

Tlie delegates so chosen describe

rilK

DELEGATES TKLL THE NEWS.

acts as " the Delegates appointed

Gl

lliemselves in

tliclr

by

llio

Good

People of the Colonies; "

making no reference

to thu

several States as independent or sovereign.

Avas a convention of the
in character;

This Congress

whole people, and therefore national

it

bnt considered as a government

was tempoin organi-

rary, revolutionary, experimental,

zation.

and imperfect

The
It

acts of this Congress

were of national imjiortance.

forbade,

by

its

non-importation act, the importation of

merchandise from Great Britain or the exportation of merchandise to Great Britain;

it

issued a declaration of rights and

framed an address

to the

king and to the people of England.

its

Returning to the body of the people,

tinued the national

delegates conto those

movement by explaining
affairs

who
all

had elected them the situation of

and by making
Congress
country.

common
Avas

information of the opinions of the people in

parts of America.

The

essential function of this

to disseminate the political opinions

of the

Delegates from

New

England met delegates from Georgia

first

and the Carolinas, and for the

the people of America.

time in American history

the thoughts of any of the people Avere

made knoAvn

to all
this

Popular ap})roA al of the acts of

Congress was shown by the election of delegates to attend a

second Congress, Avhich met in Philadelj^hia on the 10th of

May,

1775.

The majority of

the delegates to this second

C/ongress Avere chosen in conventions called for the purpose; the minority were chosen

by the members
is

of the assemblies.

This manner of choosing delegates deserves more than passing notice.

history.

The convention
it

peculiar to
it

American

political
instiii-

Here

originated and here

remains, an

62

TRAITORS OR PATRIOTS.

merit in popular government used to ascertain the last for-

mally expressed

Avill

of the j^eople.

The convention
is

is

repre-

sentation applied to politics, as the legislature

tion applied to civil affairs.

representais

In our day the convention

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

one purpose at one time.

is

And

critical

times in State history a convention

assembled to

frame a new constitution of government, or to frame amendments to the existing constitution.

The

acts of the second Congress

were of wider application,

being national in character, than were the acts of the Congress of the previous year.

The

i:)eople

by

their conventions

had approved the course of the

first

Congress and had given

themselves over to the Revolutionary cause.

Resting on the
affairs

popular will the second Congress assumed control of

by

a scries of acts Avhich

condemned

their authors as conas patriots.

spirators

and

traitors

or exalted

them

They

j)roceeded to

regulate commerce; to provide funds for a

national government; to create executive departments, as of

war, of navy, and of the post-office; and, to crown

acts,

all

their

they issued the Declaration of Independence.

all

The

validity of

tliese acts

rested thenceforth on the events

of

th(!

war.

If the people

would

fight for the princi})les

of the Declaration

of Independence,

and

if

the Ameriean

armies tiiumplicd, ihcn must (Jreat

recognize the

IJi-itaiii

and other nations

independence of

tlic

United States.

The

standing armies of the nations of the world t<-day

strate
av hat,

demon-

contideiice exists

between nalittnsin the notion

peace."

" that the

mission

ol'

man

is

century has not

WAR PEA CE GOMPR OMISE.

changed the
closely
essential principles of nationality wliicli

63

were so

examined at the time of the American and the French

is

Revolutions; that the condition of nationality

tion of

the condiits treaties

armed protection;
it is

for no nation will keep

unless

compelled

to,
is

and no nation
its

will

compel the keepArbitration

ing of a treaty which

not to
its

own

interest.

means compromise, and

methods are

as old as disputes
is

among men; but

and scarcely

arbitration

between nations

improbable,
It

possible, unless they are

of equal power.

was impossible to arbitrate the difference between the

nies

colo-

and the home government

in 1776.

No government
in

can

arbitrate with rebels,

If successful, they State,

and the Americans

1776 were rebels.

became

revolutionists and founders of a

makers of a nation.

Arbitration was possible after

the definitive treaty of peace, not before.

The

dispute about

the taxing power had gone beyond the stage of declarations

of rights, of petitions, of expostulations; the differences be-

tween the Americans and the English- government touched

on the
vital principles of that

government, the right of that

government

to tax its citizens.

The

right

was not disputed

as an abstract right in

government; the dispute suddenly bedithculty

came of uncomj^romising
instituted

-which
?

government

shall

tax the Americans, the English government, or a government

by the Americans themselves

to this

AVar, and

war

only,

could decide this question.

The delegates
directly

second Congress were not chosen

by

the people; they were chosen as

we now choose
indirect vote of

the President of the United States,

by an

the electors.
tions or the

The

electors chose the

members

of the conven-

members

of the assemblies,

and the conventions

64

MEN OF FAME.
It will

or the assemblies chose the delegates to Congress.

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

was then thought that such a system

resulted in the choice of the best men, the idea jjrevalent at

the time being that the masses of the people were incapable
of deciding for themselves Avhat
ests,

was best for

their

own

inter-

and, therefore, an intermediate

body of men, acting

as a

discriminating committee, would choose the best men.

There
ajjpli-

seems to have been no organized opposition to the

cation of this idea in

American

civil affairs until

nearly forty

years after the national Constitution was made, and nearly

fifty

years after the Declaration

ot"

Independence was

issued.

In the application of this indirect method of obtaining

the
Avill

of

the

jjeople

it

followed

that
of

the

control

of

public

affairs

fell

into

the

hands

few men best

politics

known
tlie

to the

community, to the
in

State, or to the nation.

There were no " dark horses "

American

under

administration oi this system.

in the early Congresses.

There were few obscure

men

Tliere were delegates

more

widely known than others, as Franklin and Washington and

John Hancock
Ihill
A\

Avere

more widely known than Willing or

or ]>l;ind; but not one

itliout

reputation iu his

member of the Congress Avas own community, nor Avholly unto tlie indirect choice of

known throughout his own State. The ])rocess of selec;tion incident

delegates douljtless I'esulted
in

a more able gathering of

men than
wliom
tlu;

could have been

made by

the nu)di'rn system of

jtarly oi'ganizaliou

and party choice

ol

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

between individuals and

jiarty organiza-

tion; then individuals got along

ties

without parties; now par-

get along without individuals; then the

man

Avas chosen

because he was

known

as pre-eminent in civil affairs, or as

capable of pre-eminence;

now

the

man

is

chosen becausw he
is

stands for the accepted doctrine of an organized party,

the concrete expression of that party, and loses
in that party.
liis

identity

It

was a democratic revolution

in

1825 which

overtiirew the indirect

this country;
it

method

of electing public officers in

was a colonial and English, indeed, a federal

mass were incapable of govern-

notion, that the jjeople as a

ment, and therefore the representatives of the people should

be indirectly chosen.

But the

results

of the democratic
it

revolution of 1820-30 have not been democratic;

sulted in the creation of a party

has

re-

power which quite

as seldom

represents the wishes of

tlie

individual electors as did the

indirect choice of public officials a century or less ago.

The
of

convention, whicli was devised by Americans as a means to

an end,

lias

become the end

in State or nation

itself,

and scarcely an

office

importance

can

now be obtained without

So complete
is

the previous winning of a convention.

the

change

tliat

no elector to-day thinks of voting against the

candidate for the presidency wdio has received the nomination in a convention of the party to

which the elector be-

longs, even

if

the nomination does not fully |)lease the elector.

slight examination of present politics will illustrate

how

little,

after

all,

is

the

difference

between the manner of

system to

choosing delegates to Congress in 1770 and at the present

time.
5

The

api)lication of the representative

poli-

66
tics,

A FEW MEN RULE.

as

well as to government, must take from the peoi)le

aflfairs,

the direct control of public

AVhatever system of

electing officials in a representative

government might be

followed, that system itself Avould ultimately illustrate' the

representative idea.

The most democratic government

in

the world could not exist Avithout the machinery of this

rescntative

i-ep-

system.

The

control of

government must of
Let no one imagdisease.

necessity fall into the hands of a

ine that

few men.
a

"bossism"
is

in politics

is

modern American

Bossism

the

name

of a system of representative gevern-

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

for politics, bossism as an evil

yet in the infancy

is

history.
if Avell

The

representative idea in government

good
jilied.

applied, but extremely dangerous

when

ill-apciti-

The

struggle for wealth dulls the caution of the

zen so that he delegates his political power caielessly, or

even with a feeling of

politics himself,

relief.

Caring

little

for

government or
rej)ietlie

he cannot expect that his deputy and

sentative will care more.

electors are indifferent to

Bossism becomes a fact when

whom

they delegate their

2)olitical

powers.

The abuse

of the rei)resentative s^'stem

s])rings

naturally from iiidiiVcrence and neglect in the electors of

their political rights

and

duties.

The

delegates to the

first

Congress probably represented the

people of their day as closely as do our representatives in Congress represent the people at the present time.
list

If the

whole
be

of delegates from 1774 to 1V80

be scanned there

will

r<iiiiid oil tli(! I'oll tlie

name

of almost every distinguished

man

in

.\iiierica at that

time.

Not

all

members

of the C^ongress

THE GIANTS AND THE PYGMIES.

67

of the Confederation nor of the Congress before the Confed-

eration were " giants in those days."

It lias

become comcomposed

mon
of

to speak of these early Congresses as wholly

such
is

men

as Jefferson

or

John Adams or John Jay.

also

This

a mistake.

There were
;

pygmies among the

famous body of giants

and, as at other times in our national

history, in the history of these early Congresses there has

been an exaltation of the giants and an utter oblivion of the

pygmies.

Of the public men of the Revolutionary period

to 1780, a period of a cpiarter of a century, the

from 1765

number perhaps reaches

in State

three hundred,

if

men eminent both

as

and

in national politics l)e

included; but of that three

hundred or

less

not above fifty can be

named

men who
our

may be

classed with the leaders of the time in Euro2)e or

critical periods, in

with the leaders of subsequent

history; and of these fifty

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

ledge and Jay.

was a

body of men
tics as safe

in training; in

Congress the majority of delegates

in the

were men who may be described

men.

language of
left

poli-

But the great leaders soon

both State

legislature

and Congress and became actively engaged with

in military affairs or

Washington

with Franklin

in

the dip-

lomatic service.

The

daily civil tasks of the Revolution AVere

performed, as they are always performed in government, by

industrious
of the

men

quite

unknown

to fame.

As

the character

American Revolution, by com])arison with the Aarious

history of the country since that time,
is

jiolitical

more
is

])er-

fectly understood, the Avork of the

American

patriots

seen

68
in

THEORY VERSUS PRACTICE.

no diminution of
luster.

formity with the course of

They did Avliat they did in contheir own experience as colonists,

political writers

and perhaps with some illumination from such

as

Montesquieu and Rousseau, as John Locke and John Mil-

ton.

They

laid

down
in

the principles of government with a

precision almost axiomatic; this

was

their

work
of

in the M'orld.

But they

failed

the

administration

government

as

remarkably as they succeeded

ciples.

in fixing its political "prin-

Our age

is

the age of administration, not of the

foundation of governments.

Nor have our

legislators yet

succeeded in determining the axioms of governmental administration.

The American Revolution probably

it

settled foris

ever in this country the principles on which government

founded, but
ernment.

settled nothing in the administration of govshall

We

soon discover, in our brief examination

of the conduct of pul)lic affairs

by the Continental Congress

in the

and by the Congress of the Confederation, that never

there a worse administration of public affairs than in
fi'om 1770 to 1789.

world's history, in a government of intelligent men, was

America
and

Administration, as Ave

now understand
legislators

that term in government,

their colleagues in office a

was

to the

American

word of unknown meaning. There

number, who understood the mean-

were men, few indeed

ing of the

in

term, but they were

were a<lmired lather than

followecl.

men who, like Hamilton, The whole eft'ort of

;

administration in the Confederation brok(Hh>wn at last

nor

was

it till

Hamilton, a master of adminisl ration, had become

IIk;

secretary of

li-casurv

under ihc

Jialional

Constitution

that the transition was madi; from the Revolutionary period

of the formation and fiaming of governmental principles to

FRANCE, ENGLAND,

AND AMERICA.

6y

the national period of application of those princi])les to the

welfare of the nation.

I

have digressed from the broad highway of the story of

no

the Constitution in order to jjresent some characteristics of

tlie

Revolutionary period not frequently discussed.

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,

found a government, but

it.

they could not, as they did not, succeed in administering

Nor was
world.
in the

their failure conspicuous or solitary in that age of the

Neither England nor France succeeded so well either

founding of governments or
did the

in the applications of jjolit-

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

founded and so administered.

The

period of the American Revolution was the age of constitu-

tion-making, of the founding of States, of the determination

in practice of

the principles of government.

The

course of
lai-ge

events on this continent was only one part of that

event going on throughout the western world, the establish-

ment of representative government.

teristic of the

But the

chief charac-

whole age

is

the determination of the ])rinciples

government and not the determination of the best adminThe administration of government istration of government.
of
is

the chief problem of the age in which

we

live.

70

THE NATIONAL IDEA.

national

The second Congress, like its body of delegates from

was "of these
in

successors to this clay,

was a

of Independence

The Declaration united colonies." The States

the people.
tlieir

were free and independent

unity.

No

individual

colony claimed a separate act of independence from Great

Britain.

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

of the United States.

State

We

have seen

in the story of the

constitutions that three States, South Carolina,

Jersey, and

New

Hampshire, adopted their

first

before the Declaration of Independence was issued.

first

Congress, on the 3d of November, 17V5, had recomthat the colonies, pending the dispute with Parlia-

mended

ment, "should organize such governments" as would "best

promote the happiness of the people " but the govermnents

;

so

formed were,

as in the case of

New

Jersey, provisional in

their character.

New

Jersey, in convention, or congress, as

the Assembly was

constitution

c;illed,

on the 3d of July, 1770, issued a

this

of
it

government with
is

clause:

"Provided
if

always and

the true intent of this C\:)ngress, that

reconciliation between Great Britain and these colonies shoulil

take place, aTid the latter be taken again under the protection
aiul

government of the crown of Great

is,

Britain, this charter"

(that
b(!

the
luiil

New

Jersey constitution of 1770-1844) "shall

null

void, otliei'wise to I'emain firm an<l inviolable."

it is pliiin

From

the language of this clause

that

New

Jersey

did not claim separate independence, but that the action of the Stale depended finally upon the "reconciliation between

Great Britain

;ind these ('(clonics."

'i'he

Declaration of Inde-

THE NATIOXAL IDEA.

pendence
itself is a

71

compend and resume by

of various earlier

declarations and resolutions niiide either or

the

first

Congress
It

by conventions and assemblies

in various colonies.

presents in a simple, brief, and orderly

manner the common

opinion of the })eople, and

its

provisions,

now somewhat
by
inci-

obscure, were evidently illustrated and explained

dents familiar to the public mind.

in

Perhaps no state paper

state paper of

American history

is

more famous, and no

is

the Revolutionary period

more obscure.

Virginia, on the 29th of June, of the year of the Declaration,

had issued a declaration affirming that "the government

totally dissolved."

of this country, as formerly exercised

Britain,
is

by the crown of Great The phrase "government of

and not to the

this country " referred to the colonies as a unit,

State of Virginia alone.

It is just to conclude, tlierefore,

that the separation from Great Britain

was not a separation

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-

augurated a national government.

ple

'J'he

struggle between

\iqo-

and king and people and Parliament, which we have told

in the story of the States,

won

a vaster triumph than that of

mere popular representation

tory Avas nearly
the victory
established.

in a colonial

assembly.

The

vic-

won
the

in the several colonial legislatures,

but

was incomplele

until the national

government was

At

time when the Declaration of Inde-

pendence was issued neither the people nor the leaders saw
clearly the ultimate consequences of their act,

and but few of

Tliere

the greatest minds saw the consequences near at hand.

existed a strong anti-revolutionary feeling in the colonies, a

72

FRANKLIX.

feeling which the British

government

failed to nourish into

still

a political party, but which, unorganized, was

strong

enough, had a
tion

full

vote been polled on the question of separato

from Great Britain,

have held the balance of power.

at the negative

But the friends of king and Parliament were

and aggressive

pole of events; the friends of independence were radical in

their ideas
in their acts.

An

examination of the ages of the

men

of the Revolution

discloses,

what

all

revolutions disclose, that few old

men

took an initiative and active part in the movement.

Avill

Franklin

at once

come

to

mind

as an

exception, but Franklin

his gen-

Avas a peculiar

man, and not a type of the men of

eration.

At

the time when the Declaration of Independlittle

ence was issued Franklin was a

of age, at a time of
life

past seventy years

it

when

the few Avho reach

are

oidy too willing to retire I'rom active pursuits, when the

body
body.

is

feeble

and the mind

at

is

in

sympathy with the

a

But Franklin

seventy was
for

still

young man.
life

lie

had never been an old man,

throughout his

he had

assiduously cultivated the society of the choicest youth

whom

he could gather about him by the pleasing attractions of a

winning manner, an inexhaustible information, and an incomparable wit.

lie represented every generation that his time.

had come

upon the stage during

ami, unlike other

He

lived in the present,

men

of his years, he looked into the future.

He was fond
ciMtic
I'lMiii
ill

of lu'w things, yet never a radical; he

was So-

ill

his

wisdom, yet never a

])edant.

lie

had differed

the .S(K'iety of Friends in opinion, he

had opposed them

ilic

management

of affairs

in

Pennsylvania; he had argued

against the treatment of the eolonies by Parliament at the bar

FRANKLiy
of tlie
;it

73

House

of

Commons, and

witli

membLTS

of Parlianiciit
ainoiiu^

their liomes; yet he liad intimate

and devoted friends

world as a

(lie

Quakers and anionj^ the leaders of both

liouses ot Parliapliiloso-

riu'iit.
|)liei',

He
yet

liad long l)een

known

to

tlie

liis

wliole philosophy

is tlie

])resent-day
in

wisdom

of

common

sense whi(-h every

body delights

and few

i)Ossess.

lie assiduously applied

himself to the solution of the immeto the exposition and satisfae-

diate (piestions of the

tion of the

day and

immediate wants of man.

His keen,

])ractical

mind detected the signs of the times, and, identifying

self

liim-

with younger men,

lie

easily directed

them by

his counsel,
in fur-

while they imagined that they were using his

name
was

thering their political schemes or their individual ambition.

When

the hour of the Revolution struck, Franklin

alert,

calm, confident, discerning, counseling, surrounded

choicest youth of the city of his adoption, and
spirits of all the colonies,

by the
acted

by the ardent
His

without

liim,

but

who doubtless would have who harmoniously acted with him.

in the

whole career as a leader

Revolution was

in perfect

keeping Avith his course of

for three

life as

a citizen of Philadelphia

and

fifty years

before the Revolution came.

Of

all

the

men who

bore a part in the great events of that age in

America, Franklin, more than any other man, was the em-

bodiment of the highest type of colonial America.

for colonial experience, and colonial experience

He

stood
find-

was the

ing of the principles of representative government.

A cent-

ury of struggle for popular rights had preceded the calling of

the second Congress.

As

the struggle passed from a colonial

enlisted in the

into a national arena one

by one those who had

It

popular cause

fell

away.

was reserved

for Franklin, the

74
soil

THE LEADERS YOUNG MEN.

of an oljseui'c caiullc-makcr of JJoslon, to

come
in

at the last,

Avheii tlie forensic battle liail

become a

battle at arms, to aid

the youth and the middle-aged patriots of 177G

the organ-

ization of a goveriinient on the liberal principles for

which

the colonists liad so long contended.

Franklin,
still

And when

peace came

spared for greater service to his country,

life

gave the

full

strength of a

culminating in benefits to his

countrymen

to the establishment of the

more perfect Union

In

and the making of the Constitution of the United States.

Franklin met the old and the new: the experience and the aspirations of colonial days
nation,

and the

possibilities of the

new

founded on the firm basis of representative govern-

ment.

Of Franklin's colleagues
younger; John
his senior;

in

the second Congress

Wash-

ington was at the age of forty-four, Jefferson ten years

Adams was

forty-one,
fifty-five.

Robert Morris a year

Roger Sherman

But among

his con-

temporaries were

men and youths who

were destined to lofty

life.

services to their country both in military and in civil

When

Franklin and Sherman and

Adams and

Jefi^erson af-

fixed their

names

to the Declaration of Independence,

Madi-

son was but twenty-six,

AN'ilsDii

Rufus King twenty-one, James

famed,

thirty-four,

and Alexander Hamilton scarcely nineless

teen.

These younger men, and others jx'rhaps

Congress, and,

were soon to be associated with Franklin and AV^ashington

and Sherman

in

later, in that

unrivaled gather-

ing of statesmen
the Unitecl

who gave Slates. Much

when

lo the

world the (Constitution of

vigor of thought and of

of

tlu^

language
is

in

the political literature of the Revolutionary jieriod are considered the significance of the

explicable

THE PEOPLE NOT ENTHUSTASTIC.

principles involved

75

and the age and temperament, the ed-

ucation and surroundings of the orators, the writers, the

pamphleteers, and the chroniclers of that day.

The glory

of

nationality appealed to such different minds as that of Adams,

of Sherman, and of Jefferson.

To

Franklin independence

and nationality came as the

in

fruit of a tree long since planted

America, the ripening of events steadily moving forward

to this consummation.

To

the ardent

mind

of

Hamilton

nationality was the new-found opportunity of civilization and

the fair blossoming of ideals

more pleasing than even

philoso-

phers had

dimly seen in their visions of a perfect government.

To

the people at large nationality was only a

name

for a de-

flection of the taxes for local purposes as their

chosen repre-

sentatives

might choose.

Less wrought up than their leaders,

the peojjle followed (Jongress, but as times darkened into days

of defeat, of annihilation of credit, and into days of civil confusion,

the peojtle

followed

Congress at an ever-increasing

distance.

If the people suifered, they

blamed

CV)ngress.

If

victory was won, they forgot Congress and

remembered only

the soldiery.

The
fairs

States,

having quickly reorganized their

civil

af-

on the colonial model, made clearer distinctions be-

tween the divisions of government than had before prevailed.

Each State had

its

own

precedent, but the threefold

in

division of the
all.

powers of government was followed

them

With

this precedent before

them

it is,

at first thought,
it

strange that Congress erred so seriously

the basis of the Confederation.

when

organized

But the Confederation was

an experiment.

On

the

11th of June, 1776, Congress ap-

pointed two committees, one to frame a Declaration of Inde-

'J

THE DEC LA liA TION AKD SLA VER Y.

pondence, the other to draw up a plan for a general govern-

ment.

The

report of the

first

committee was favorably,

al-

most unanimously, received, and after

Jefferson's draft,

slight modifications of
it

which was the report of the committee,

was adopted and published on the 4th of July following

the

as

unanimous declaration of the delegates.

On

the 8th of

the

month the committee on the

in its

Articles of Confederation

brought
articles

report, but nearly five years passed before the

proposed were adopted.

civil

As

the States,

when they
consti-

took up

government, had organized under State

tutions closely following colonial j^recedents long familiar, so

the committee on the Declaration found a

common

stock of

grievances and expostulatory resolutions from town political

clubs,

from conventions

in

remote corners of the States, from

States,

legislatures

and assemblies, from congresses of

Congress of the United States.

and

from the
plaints

first

These comit

were so well known to the committee that

seems to

have turned over to Jefferson the consideration and expression

of a matter of such

common

report, the other

members
its

of the

committee practically withdrawing their several sketches of a

Declaration.
the delegates

When

the committee bi'ought in

report

all

grievances from their

find

knew what own

to expect, were familiar with the

several States, and were satisfied to

IJut on one
slavit

those grievances mentioned in the report,

subject the delegates from Georgia went into opposition:

ery and the reference to

its

abolition

must be

left out,
is

and

was

left out.

It

is

to be noted that the Declaration

a gcncial

statement of principles of representative governmenl on which

the membi'rs had a vague unity of sentiment,
tion of tlje abstract principles of
'i'liis

formulalittle

government provoked

THE DECF.AKATION AND THE ARTICLES.

debate
in the

77

Congress.

Tliere

was a debate, not concerning

That the united

the principles of the Declaration, but concerning the expedi-

ency of issuing the Declaration at that time.

colonies should be free and independent every

man

in the

Con-

gress believed; and

in

the prevailing atmosphere of

libea-al

principles no delegate seriously disputed that all

free

men
The

are born

and equal, however diverse might be the latent sentiments

Congress on the meanincj of thcAVords.
Declara-

in the

tion created

no

offices, laid

no taxes, appropriated no moneys,

political ideas.
It

and advocated no party's

was a grand,

perha[)s a philosophical, statement of fundamental principles

assumed

to be self-evident

and axiomatic; and there was

little

more of opposition ment of science

to

to

it

than would arise at present were the

delegates to a convention of

men

interested in the advanceaffirm-

draw up

in

committee a statement

ing the doctrine of universal gravitation.

Declaration would have been to deny the

To reject the common oi)iniuns,

not alone of the people of the United States, but the opinions
of the foremost thinkers of the eighteenth century,
I'apidly

concluding that the

laration

must be considered

who were principles advocated by the Decat last as settled. The report of
was
issued to

Jefferson and his committee passed Congress,

the Avorld as the fundamental notions of representative gov-

ernment, was received by the people with approval, and by

the world at large as an intelligible
principles for a free government.

summary of fundamental

But no such harmony prevailed when the Articles of Confederation were brought
in.

These Articles touched on the

administration of government, and on the administration of

government no two delegates agreed.

The committee had

78

HISTORY AND PRECEDENT ARE IGNORED.

in

found no precedent or model

governments.
It

any of

tlie

colonial or State
to confederate

was perhaps thought that

on the basis of any particular State would be practically to

antagonize the remaining twelve States.
fore, exhibit the

The

articles, therein

original

powers of the delegates

con-

structing a government without a precedent.

Even

the

most fundamental notion of English experience for a thous.in;l

years and of American experience for a century and a

division
of

lialf

the

government

into three departments

-was

ignored.

A
its

form of government was devised which

it

found none to admire

friends during

when

first

proposed, which

won no

troubled existence, Avhich was accepted

by the States without enthusiasm and ignored by them

with impunity, which passed through every phase of neglect

and contempt, and

Avliich at last

expired without a sufficient

rej)resentation of its adherents to send forth to the world a

jiKtrtuaiy notice.

On

loth of November, 1777, the Articles

of Confederation, which for

lar intervals

more than

a year had at irregu-

been deljated by Congress, were j^assed by that

to the State legislatures for ado})tion.

body and sent

necticut,

Before

the end of July,

1778, Massachusetts,

Rhode

Island,

Con-

New York,
in

Pennsylvania, Vii'ginia, North Carolina,

South Carolina, and Georgia adopted them;

ToUowcmI
ITsi.

New

Jersey
in

Noveinbei", Delaware

in

770, and jAlaryland

New

llanipshire never adopted them.

\\itli-

The

plan of govei-nment outlinecl l)y the articles was

;iiid
it,

out precedent,
ei-iimeiits of

is

still

without similitude

in

the gov-

the woi'ld; yet

in

it is

necessary to understand this

to

selieme of ^oscriiment

(jr<ler

understand the causes

which K'd

to tile

formation of the Constitution of the United

F.VIL
States.
wliicli

CONSEQUENCES.
Avas

79

The Confederation

suggested by Greek models

cities;

had existed for brief periods among the Greek

but

it

lacked that signilicance which occasional Greek con-

servatism imparted to those feeble unions.

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

The Congivss, having submitted

ei'ation

and perpetual Union between the States

little

a national government, seemed

awaie of the feeble govset up.

ernment which they were attempting to

There were

men

in

Congress

who knew,

as all the Avorld

now knows,
fiction,
its

that such a

government was an anomaly and a bold

left

and they have

on record their doubts of

efficiency
five

formed
of
its

at the time of its inception.

During the

years

journey through State legislatures the plan was a con-

stant confession of impotence

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

gress to be adapted to the welfare of the States.

not

my

purpose to make of the Articles a

princii)le in

man

of straw; I tmly
it
is

wish to emphasize a
safe, in

government, that

not

organizing a

new frame

of government, to break with

the past and to experiment with the principles of govern-

ment.

The

Articles were a compact between the States, and

the Confederation
ica."

was styled "The United States of Amerits

Each State retained

in

sovereignty, freedom, and in-

dependence, and every power not expressly delegated to the

United States

Congress assembled.

The

States entered

into a firm league of friendship with each

other for their

free inhabitants

common

defense and jreneral welfare.

The

80

EXAMfXATlON OF

TIIFJ

ARTICLF^R.

of each State were entitled to

all

the privileges and imtnii-

nities of free citizens in the different States.

No

State was

to impose discriminating restrictions on the trade or com-

merce of another State which were not imposed on

citizens.

its

own

No

State

was

to tax the property of the

United

States.
iuals

Fugitives from justice, meaning by that phrase ciimslaves,

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,

and judicial proceedings of any State by every State.

The
State,

Congress of the United States was to be composed of delegates, at least

two and not more than seven from each

appointed in whatever manner the legislature of the State

might determine.

The Congress was

to

meet yearly, and

any term of

each State was to have one vote.

a delegate for
years.
in

No

person could serve as

in

more than three years

six

No

State, without the consent of the United States

Congress assembled, could send or receive any embassy;

nor make a treaty with any power; nor lay any duty or impost ^\hich

would interfere with

;iny

stii>ulations
;

in

any

treaty entered into by the United States

State keej) bodies of troops
peace, except
its

nor could any

or vessels of w.ir in time of

lit

own

State militia; nor

out |>ri\ateers, nor

States.

engage in war, without the consent of the United

When
dcfciisc

land forces w ere raisecl

all

by a State

for the eoninion

officers of or
Itv

under the rank of colonel wvvc to

All coniuiou expenses

be appointed

the State legislature.

were
ie

to

be d(fra\cil out of a conunon treasury, wliieh was to

ii

supplied Ityihe legislatures of the States

luivatc hnnls
in

proportion
the State

lo the \alue of

each State;

liut

ESA mXA TION OF THE

legislatures

. I

R TfOLES.

had the exclusive right of laying and collecting

tlie

the taxes and the proportional amounts to be paid to

United

States.

It

should be observed that the Confederation

thus far was chiefly an arrangement between the State legislatures

and the Congress composed of delegates elected by

these State legislatures, and that the taxing power

was

care-

fully kept in the control of the lower house of the State

legislatures.

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

and prizes made

in

war

to

a})point final courts of appeal in cases of captures; to

last resort

be the

on appeal

in all disputes

and differences between

States; to

two or more States

all

in certain cases; to regulate the value of

coin struck

by the United States or by the

regulate the standards of weights and measures; to establish

and regulate and

all

post-oflices; to appoint all officers in the land

forces of the United States excepting regimental officers,

all

naval

officers; to

make

rules for the

government of
to

these forces; to a])point a

"committee of the States"

sit in

the recess of Congress; to appoint a President of Con-

gress; to ascertain the necessary

sums of money to be raised

and
to appropriate
;

for the service of the United States,

to apj^ly these

and

sums for defraying the public expenses

and equip a navy
;

to bor-

row money;

to build

to agree

upon the

number

of land

forces required, and to

its

make

requisitions

from each State for

quota, to be binding upon the State.

The consent

of nine States in Congress assembled

was

82

THE CONFEDERATIUN AXD THE STATES.

engage
in

necessai'y to enable the Uniteil States to

war; to

grant letters of mark or reprisal; to

or regulate
tlie

make

treaties; to coin

value of money; to ascertain the sums neces-

sary for public expense; to einit bills of credit; to borrow

money;

to appropriate

money;

to create or equip a navy; to

raise land forces, or to appoint a commander-in-chief.

all

On

other measures, except a question of adjournment, a ma-

jority vote of the States

was required.

Every State

Avas to

abide by the determination of the United States on

tions Avhich

all

ques-

by the terms of the Articles of Confederation

them; and the Articles themselves were to

M'ere submitted to

be inviolably observed

by every

State,

and the Union was to

be perpetual.
in
in

Nor could any

alteration- at

any time be made

any of the Articles unless such alterations were agreed to

Congress and afterward confirmed by the legislature of

every State.
gress

As

there were but thirteen votes in the Con-

when every

State was rejiresented, and the vote of

nine States was necessary on

every essentially important

measure of government,
atVaii-s

it

followed in the administration of

that the vote of a few men, of one delegate in each of

five States,

could determine the fate of a jiroposed

of delegates

bill.

For
on

the

number

from each State was not

large,

account of the expense to the State of maintaining them,

and

it

often ha])pened that for months a State would have

in

but two delegates

Congress.

few nu-n, either absenting

themselves or co-operating as obstructionists, could successfiilh' olp[)os(^

the most important measures at the most crit-

ical times.

The Confederation,
ment, set
all

as an effort towai"d a national governdefiancre.

precedents at

Executive, legislative,

IXUERENT WEAKNESSES.
ami
judicial

83

jjowers

were

confused,

or,

more
the

correctly

speaking, were wanting.

The power which had given

force
to lay

to the general assemblies of the colonies

power

taxes and to appropriate

federation.

moneys

did
is

not exist in the Conto levy a

It could not levy a tax,

and the right

tax and the exercise of that right

a distinguishing

mark

of

sovereign power:

it

may

be said in political relations to

dis-

tinguish a irovernment from an individual.

The

president of Congress was the speaker of that body,

its

chosen from

own

numl)er, but no executive authority was

put into his hands.

The

feeble effort to provide a judicial

system was wholly

ineffective.

Compared with any

of the

thirteen governments which were asked to adopt the Articles,

the Confederation
either of

was only a committee

to levy

of the States which

them might ignore with

safety.

Had

the Ailicles

empowered the Congress

pass and to execute
lic

and

to collect taxes

and to

all

laws necessary and })roper for the })ub-

welfare the Confederation would be classed

among
it

the im-

perfect governments of the past.

Constituted as
It

was

it

cannot be called a government.

elements of government.

lacked the essential

it,

No

supreme jjowcr had created

it

nor had the supreme power of the people put

tion.

into opera-

It

might request the

States, as

it

did request them, to

it

furnish their quotas of

men and money, but

It

could not com-

pel the weakest of the Thirteen to furnish a penny or to send a

man

into the field.

could not compel obedience, for

it

lacked that sanction which makes government a reality in the

world.
It

may

be said that the Confederation was only a

league or treaty, agreed to by the contracting parties, the

States, a

compact or contract to which they, or any of them,

S4
Avere

INHERENT WEAKNESSES.
amenable only
to that

degree and for that time which

they, or any of them, miglit determine.

There was no

refer-

ence Avhatever in the Articles to the idea of nationality

there was no reference whatever to the i^eople of the United
States as a national nnit, a political entity, as the source of

authority; there was no provision for national citizenship.

Every American w
created.

is first

a citizen of his

own
;

State.

He knew

nothing of a distinct national citizenship

it

had not yet been

Of

the States as parties the Articles spoke repeat-

edly; of the individuals

cles said nothing.

who composed
It

the States the Artiit

;

The
all

States alone were addressed in

supplies.
its

to

them

it

turned for

had no power

to

compel
to

individuals to minister to

wants.

Nor had

it

power

punish offenses against

quests.

its

own

authority expressed in

its re-

If the commander-in-chief of the

fall into

army should com-

mit treason and should

tion the Congress
l)unish him.
It

the hands of the Confederato try him,

had no power

much

less to

knew nothing

of the people, and the people

Its

knew

nothinjy and cared nothing for the Confederation.

delegates were not chosen by the people, but were appointed

by the State
Ijouses.

legislatures,
jaid

usually in joint ballot of both

States,
if

They were

by the

])aid at all.

The

whole range of the C(i;ifederation

in political or civil fields

was merely

sjx'culative

and on sud'crance from the

cainiot, b(> called a

States.

The
was
debt

Con<rress of the Confederation

commitIf
it

tee of the States withonl. ([ualirying the description.

ant!ioii/('(l to liori'ow
;

money

it ha,<l
it

no ability to

])ay the

if it

eoiiM emit
il

lills

of credit

could not be compelled,

Its

nor couM
to jierroriM

compel any one, to I'cdeem them.

till'

attempts
If
it

work of

a real

government were

futile.

THE CONFKDKRA TIOX A BR OA D.

sought to legislate
if
it
it lia'l

85
its

no authority to execute
it

laws

sought to adjudicate a dispute

its

had no power to en-

force

decrees.
States, possessing
all

Thus the
legislatures,

the powers of government,

wholly ignored the C'onfederation, their executives, their

their
It

courts soon

discovering
in

its

weaknesses
time of

and

defects.

was conceived wholly

that

the conduct of the war

when

patriotism and popidar en-

thusiasm would support, as they often have supported, a

voluntary committee of citizens acting on behalf of the people for the success of

fundamental principles of government.

But

as enthusiasm died

away and
it

bitter daily experiences

made

patriotism a costly sacrifice,

was found that the adgovernment

toward an

ministration, rather than the principles, of the

woidd decide

its fate.

Yet

this

anomalous body, " the United

States in Congress assembled,"

was the

first effort

administration of the principles of the Declaration of 1770,

As
so

it
it

discarded

all

history and
ill,

all

precedent

in its

formation,

met with the

but the necessary, consequences of so

feeblest State of the Thirteen jjos''
;

serious a neglect.

The

sessed civil authority

the United States in Congress as-

sembled" possessed none.

Yet

this

shadow of a national
might

government was not

tempt us to believe.
it

so impalpable, so visionary, so insignifiit

cant as a hasty analysis of

at this distance of time

its

Witii

all

functional contradictions

was

to foreign

powers

a re})resentative of the

new

nation.

It sent

Franklin and

Adams and

Jefi:erson to foreign courts,

and there borrowed large sums of money for carrying on the

war.
It

made

alliances, offensive
it

and defensive, with the

persuaded his most Chiis-

proudest nations of Europe, and

86

JEALOUSY OF THE STATES.

money and
soldiers to aid tlie

tian majesty to send botli

American

cause.

Nor was

this persuasion

made

a\

ithout

tlie

opposition of influential ministers wlio had the royal ear.

Talleyrand

tells

us that he thought the French alliance with

the United States a mistake.

eration

This Congress of the Confednot

to

was despised

at

diidomatically abroad.

home by States that were To Europe, and perhaps

known
Europe

only, did this feeble Congress represent the latent nationality

of the people of America.

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

In order to umh'rstand the

condition of affairs during this period of seven years

necessary to glance at the administration of public af-

fairs in

America, both by the Congress and by the

legisla-

tures of the States.

If the theory of the Confederation

seems tlefective upon a

its

cursory examination of the Articles, that defect and

sc'iueiices

con-

become more

serious Avhen the Articles are

exam-

ined by the crucial test of jractical administration.

To

the

several States, as to the courts of Europe, the Confederation

was a

foreigji

government.
it

Members

of State legislatures

rej>eatedly described legislature

as a foreign

government, and every

viewed with grave suspicion every act passed by

in

"

tlc

United States

Congress assembled."

No

living sold

was responsible to Congress save that small body of men

wliom
whifh
it liad

sent to foreign courts.

Suspicion in State legis-

latures soon

changed

to contempt.

A system of representation

igiiorcfl

population gave as muesli authority in the Con-

gress to lihode Island as to A'^irginia, and A'^irginia at that

DOUBLE TAXATIOy UNPOPULAR.

time was as large as the

87

New

England

States,

New

York,

New

Jersey, and Delaware.

But

this inequality in represenin

tation

was not the chief defect

its

the Articles.
It

Congress

could not by

own

authority raise a revenue.

was

less

powerful than the State Assembh^, lor whose rights the war

was raging.
or obtain

If

the State assemblies chose not to send a

quota to the Congress, the Congress must do without money

it

by borrowing.

In 1776, buoyed up by pojiular

enthusiasm for the Revolutionary cause, the Congress boldly

"voted supplies" which the States were to

furnisli.

But the

States did not furnish these sup})lies promptly, and two years
later
failed

Congress "urged supplies," which the State legislatures

to

send.

Excuses were more numerous than the

in

houses of assembly or the membership

those houses, but

the chief excuse was the expense necessary to be met by the

States for their

own

defense.

A deeper reason may be

found.

The

peojjle

were burdened by war taxes, which were far

higher than any taxes

Business of
all

known under

the colonial r'eghne.

kinds was interrupted, and business of

many

kinds wholly destroye<l.

To be

doiibly taxed,

by

State and

by Congress, was an administration

lar.

of affairs highly unpo])u-

When

the year of grace 1780

had come both Congress

direct

and the States had passed beyond any dependence on

taxes and had

begun

to use their credit.

No
is

jiroblem in

the practical administration of public affairs

cate or a
credit.

a more deli-

more important problem than the use of public

Gold and
silver

had

disappeared

from general

circulation,

and State legislatures and Congress began to

issue a

paper currency.

On

the 11th of

November

of this year the four

New

En-

S8

THE HARTFORD CONVENTION.

gland States and

at Hartford.

New York

sent delegates to a Convention

Financial and commercial dangers thickening

on every side were admonishing thoughtful men that the

welfare of the nation depended upon the laying of

some

foundation for a safe system of finance, by providing taxes

or duties which should 2)?"oduce a fixed and inalienable reve-

nue to pay the interest on the funded public debt and make
jiossible future

loans.

The attempt
It

to determine the value

of private lands had failed. that

seemed therefore necessary

to

Congress should be

empowered

apportion taxes

among
to

the States on the basis, not of land, but according

their

number

of inhabitants,

both black

and white.

The Hartford Convention made

grave propositions before
all
it,

a brief discussion on these

letter to
in

and issued a circular

arise

the States:

"Our embarrassments
power of coercion;

from a defect

the ])resent

government of the United

States.
this

All govern-

nient supposes the

power, however,

never did exist

in

the general government of the continent,

or has never been exercised.

Under

these circumstances the

resources and force of the government can never be properly

united and drawn forth.

The

States individually considered,

while they endeavor to retain too

ence,

much

of their independ-

may

finally lose the whole.

By

the expulsion of the the tyranny of Great

enemy we niay be emancipated from

IJritain;

we

shall,

however, be without a solid hope of peace

projierly

and freedom, unless we are

selves."

cemented among ourto every State

But the wise opinions of the Hartford (V)nvention,

Washington, ami
tending to aid the sentiment toward a

MJlliough sent to Congress, to

legislature, although

inon- perfect union, scarcely colored the prevailing opinions

STATE OF THE FINANCES IN

of the day.
stantially

1776.

89

Pennsylvania,

New

York, and

New

Jersey sub-

approved the proceedings of the Convention, but

all

neither "of these States alone, nor

this time, could
tlie

of

them together,

at

have so changed

])ublic opinion

throughout

country that Congress would be clothed with adequate

powers.

Few

people at the time

knew any
it

thing about the

in

Hartford Convention.

Little concerning

can be found

the newspapers of the time, nor in the records of the old

Congress or in those of the State legislatures.

principles of government,

But the

administrative in their natures,

which the Hartford circular advocated indicates conclusively

that thoughtful

men

in

America had detected the

it

essential

and

fatal

weaknesses of the Confederation before

had been

adopted by .the States.

At

the beginning of the

war there were

in

circidation

eight million dollars in specie ami twenty-two millions of

paper money.

A committee

of Congress in 1775 estimated

that the expenses of the impending

dollars,

war would be two

uiillion

and continental
off

bills to

that

amount were ordered

to

be struck

by Congress.

Later in the same year another

issue of three millions

was made.

The

bills

issued

by Con-

gress Avere called continentals, to distinguish

bills

them from the

issued

by the

States.

Li February, 1776, five millions

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

Li July, 1777, Congress issued five millions

fifteen millions more.

and authorized the issue of

Meantime

90
the States had

THE CONGRESSIONAL LOTTEUY.

begun
issuing; colonial scrip fell

helow

i)ar,

and State currency was the better paper money

in the

market.

Continental and State issues began to compete for

cre'dit,

and

State issues bore the better price, because " the United States
in

Congress assembled " jjossessed not one foot of land

in all

Aniei'ica,

nor personal ])roperty of any kind which might be

its

made

security for

continental issues.

The

States, on the
all

contrary, possessed both real and personal property; and

of them, except

Rhode

Island,

New

Jersey,

New

Hampshire,

and Maryland,

laid claim to vast areas

toward the Mississippi

therefore, Congress

River known for

many

years to come, as they were then

known, as the " western lands."

in

When,

1777 ]>ro])Gsed a loan at four per cent., "the faith of the

five millions to

United States" being pledged for

be borrisk

rowed immediately, no

capitalists

would respf)nd; the

was too
cent,
in

uncertain.

Money was worth from

six to ten per

the market

on ample security, and the United Congress then

of-

States could offer no security whatever.

fered six per cent, and tried a lottery, that delusive scheme

which

for moi-e than

three (juarters of a century was the

familiar and favorite device

in

by which

both in Europe and

and maintecoi-po-

America

to raise mone}^ at the

expense of the unlucky

for the support

of

States;

for the building

nance of churches; for colleges and for bridges; for

ration debts and
for ministers'' salaries.
all

In our day,

though

outlawcfl
jtrovisions

by

nc;ii-ly

the

States

in

their constitutional

and

])y llic

laws of (\)ngress, lotteries continue

to win the coiilidcncc :nid the siippoi-t of millions of credu-

lous jx'oplc in

all

parts of the land.

Ibitthe congressional

lottery did not j)ii>sper,

and the States were again urged to

PAPER MOXEY AND PRICES.

remit their quotas of
sujiplies.
e,

91

The

States, liovvever,

were

more negligent than befo

both novel and sagacious.

and Congress sought

l>y
its

relief

by

trying a financial scheme considered

It

pi-omoters as

was

to raise the

amounts due

from the several States by anticipation and place the amounts

received to the credit of the States.
cally to a loan

This amounted practiit

by

the States to Congress, and

Avas famil-

iarly described as

"the same goose with a change of sauce."

another paper issue of thirteen

In

1777

Congress made

millions,

and the

entire

amount of

issues

made

at

tlie

close of that year since 1775

was fifty-five and a half

and during the

millions.

In 1778 Congress
to sixty-three of 1779
it

made

fourteen issues of jiaper, amounting

millions,
fii'st

and a half

quarter
to

issued sixty-five millions

more and attempted

negotiate an additional loan of twenty millions.

meantime continued
scarcely

their

issues,

The Sta.tes and paper money had

any

value.

Prices rose to a fabulous degree.

barrel of flour cost $1,575; a pair of boots, $400; four hand-

kerchiefs are quoted at f 100 apiece, and calico, at |85 a yard.

Complaints rained upon State legislatures and Congress,

but legislatures and Congress replied by another
gress ordering forty -five millions.
issue.

Con-

By

the 1st of December,

1779, the total emission of continental paper

amounted

to

two hundred
forty

millions, of

which more than one hundred and

in

millions

had been issued

that

year alone.

The

credit of the Confederation

after 1779 Congress

had long since disappeared, and

issues.

made no more
ratification.

For four years

the Articles of Confederation

legislatures seeking

had been before the State

The

States and the Con-

gress had during this time been bidding against each other

92
for public credit,
credit

CONGRESS MIGRA TES.

and both had
to have
lost.

There was no
tlie

])ublic

when on

the 1st of March, 1781,

requisite

number

of States were

known

adopted the Articles.

On

the

following day the

bled,

first

Congress under the Articles assemit

and

it

at once pro))osed that the States surrender to

the right to issue bills of credit.

This proposition signified

that Congress should thenceforth legislate on the credit of

the State, and the

proposition was promptly rejected

by
it

the State legislatures.

During the two years of

and
It

Avar that

followed Congress Avas almost forgotten by the people;

was ignored by the

))ress

legislatures,

it

was reviled by the

acci-

and by the pamphleteers.

was forced by the

dents of war to wander about.

It

was

at Philadelphia;

mob
t

of

plowboys drove

it

from the State House there to

;ke refuge in Princeton.

At Nassau
it

Hall

it

resumed

its

endless debates l)y inconsequential

tial

members on
was
at

ine()nse(|nen-

subjects,

and from Princeton

It

adjourned to assemble at

Annapolis.

was

at Trenton;
it

it

New

York;

it

had

b(!en in Lancaster;

might convene without

its

notice, at the

slightest sign of

danger to

members,

in the

most obscure
of every

village in the land.

its

Wits were not slow

to

make merry over

it

misfortunes, and public contem))t soon robbed

suggestion of authority.
lu<) things
IIaj)pily,

It avms said that (Congress conld

it

do

it

could give bad advice and

could

riui.

by the

fictions of international law, or

by reason

of

tlie selfish

designs of some Euro])ean nations

lliaii

now more
treaties

clearly understood

then, (\)ngress stood in the policy of

these nations for a nation of free people with

whom

conld be

made and

to

whom moneys

could be loaned.

No

swift. steam-shi[t

nor incredibly swifter cablegram laid daily

EUXyiXG EXPENSES NuT MET.

licforr

93

the

minister of foreign

aft'airs

at

Versailles or at

Vienna the exaet eondition of American

perhaps

aflKiirs,

or the treaties
loaned.

wouW

not have been

made

or the

moneys

The
and

States, while profiting

by

these treaties and these loans,

in the treaties

continued deliberately to violate the articles

to ignore the obligations of the loans.

Instead of costing

two and a
than
tlie

half millions the

war had

cost one

hundred and
little

forty millions a

sum
its

of

money

representing but

more

annual interest paid by the United States at the

present time on

bonded

debt.

By

an energy almost mi-

raculous about one hundred millions of this war expense had

been paid by the Americans, but the amount

of such magnitude that
fear.
it

still

due seemed

overwhelmed our fathers with

fifth of

Yet this debt

is less is

than one third of the county debt

the debt of
less
tlie

of the United States, of

but one

city

New

York, and but a few millions

than the debt of

the city of Philadelphia at the 2:)resent time.

tration of public finance in this country,
istration be

The adminis-

whether that admin-

judged as wise or
in

foolish,

according to the theory

which may be adopted

basing a judgment, has

made no

form of public

securities

more valuable than State bonds,

cities as

county bonds, and city bonds, based on the credit of our

counties,

and on that of such

New York

or Phila-

delphia.
It

was far

different in 1784.
for that year
;

To meet
live

the expenses of the

United States

about

and a half millions of

dollars Avere required

for running expenses, four

hundred
and for

and

fifty-eight

thousand dollars; for outstanding deficiencies

(h)llars;

for the previous year, about one million

interest, already ovei-due,

on the

puljlic

debt, about three

94
million dollars.

AN APPEAL FOR
To
raise this

LIFE.

revenue Congress proposed to

the States that they cede their western lands and grant Congress the
Ii

power

to pass a tariff

])ill

and to

collect customs.

was plainly stated hy Congress that the

im[)ost should be

exclusively applied to pay the interest on the j^ublic del)t

that
it

should continue no longer than twenty-five years,

collectors for

and that each State should appoint the revenue

its

own

ports.

This request of Congress has been concisely

life."

described as " an appeal for

States

would

have made the request a law.

Congress was

The consent of nine Only two

and na-

States, Virginia

and North Carolina, yielded assent; and the

lost.

proposition

was

helj^less; ruin

tional degradation

were impending; the proposition to cede

the western lands, proposed

by Maryland,
;

Avhich had none,

was languidly taken up by the legislatures

had slight

but their action

effect in impi-oving public credit.

And

this neg-

lect of the States

was

at a

most

critical time, for

American
ex-

credit abroad

was overdrawn and the foreign loan was

securities

hausted.

American

were scarcely quoted on exrestless.

change; the bankers were getting

]>y almost superin

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.

Tlicn began in our country an agitation over the affairs of

the nation, the powers of Congress to lay taxes and to regulate

commerce, whicth continucil with increasing fervor

till

th<'old ("((nfcdcrat ion was su|i])lant('d

by the mori' perfect

Union under which we

live.
;

Willi national credit gone; with State credit vanishing

FINANCIAL CONSTITUTIONS.
with a craze for printing
i)ai)er

95

issues

to pass current for

money on whose rudely

terfeit
is

printed face could be read "to coun-

death

" with cunniugiy

;

made

counterfeits almost
in

as

abundant as original issues

with utter refusal

some
busi-

])arts of

the country to receive these issues in exchange for

life,

the necessaries of

and with the prostration of

currency,
the

all

ness

incident
still

to

a disordered
it

legislatures

were
gress,

debating whether

was expedient

to give to

Con-

even for a term of years, the right to regulate com-

merce for the welfare of the nation.

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

question was a question of financial administration, and no

legislature
in the
its its

world at that time exercised

j)owers
in de-

wisely,

if

action be judged

by modern experience,

termining

course of linancial administration.

The proband

lem of such administration was a peculiarly

difficult one,

was one
in the

of the new, the pressing problems

which had arisen

sil-

conduct of goverinnent.

There was not gold and

ver enough to do the business of the world at the close of

the eighteenth century, and the safe use of credit was not

yet practically worked out

nor yet,
still

in the

nineteenth centit

ury, while prostrating panics

rage at times, can

be

said that financial princii)les are so clearly understood

among

men

as are the principles of

government

ventions in constitutions of government.

come when

financial

constitutions

down by conThe time may may be framed among

laid

men
But

as political constitutions

of

government are framed.

credit Avas abused rather into factions on the propo-

at the time of wliich I write

than used.

The people divided

96
sition of

THE BOSTON MERCHANTS COMPLALV.

giving to Congress the power to regulate commerce.

Thei'e were tariff

and hard-money men.

left to

men and non-tariff men, pajier-money men Some claimed that trade should be
;

take care of itself

that

if

the States should grant

such

revenue Congress would

squander

it

as

it

had

squandered millions before.

as they

The

States should control taxes

It

always had controlled them.

of the country

was replied that the

commerce

was

at the

mercy of foreign powers,

Congress therefore

and, as every

body knew,

thirteen States could never agree

on the subject of regulating commerce.

should be empowered to make uniform regulations on the

subject.

The Boston merchants

of business,

set forth the deplorable condition

and formally petitioned the General Court of Masmerchants found a leader

sachusetts to instruct their delegates in Congress to bring

up the whole question again,

in

"^i'lie

Govei'uor Bowdoin, who told the State legislature that

bitter expei'ience

proved the necessity of bestowing upon

.time.

Congress the power to control trade for a limited

suggested
to a
in

He

1V85 that each State should ap})oint delegates

in

Trade Convention

which might be settled amicably

to

what powers should be given

the general govei'nment.

Xew York

liad

made

a similar suggestion three years earlier.

in

But the Massachusetts delegates

King, argued that any change
in

Congress, led by Rufus

the Confederation
;

would

lead to the establishment of an aristocracy

of
lli(^

and the cause

l>osl(ii

nicrchiuils

was

for llic time (h'Tcalcd.

The
tral

nation was
Cfiii

l)ankiii[)t.
tlie

The

j)aper issues of fourteen

jiresses liad

fused

currency beyond control.

No

cen-

authority existeil.

Legislatures passed laws discriniinat-

THE PLANTERS (W MrLA IN.

iiig

97

against the people of other States; treaties were ignored,

lost.

and public honor seemed

credit
it

Amid

such prostration of

might seem

iiicredihle that there

would continue
but opposition,
It

opposition to a

remedy

for public disorders

powerful and popular, existed in every State.

that Congress

was affirmed

had no right

to adopt the commercial laws of

one State rather than those of another.

laws would
all

be willing to obey

Whose commercial Nor will the States, it

was
of

said,

ever allow Congress to prescribe commercial laws

its

own, for had not

New

York, led by Governor Clinton,

repeatedly refused to give Congress any right whatever to

interfere in the trade of that State ?

But the planters

in the

South, although by following a

somewhat
the North.
chants, "

different course of reasoning, at last reached the

same conclusion

as

had been reached by the merchants of

because the duty will be paid by the

" If Congress lays an impost," said the merwill gain,

we

consumers and

we

shall

be troubled no longer by the con-

stant fluctuations in prices caused

so

by the

conflicting laws of
will

many

States;

smuggling

will

be checked and prices

be more settled undef general regulations."

fixes

" If Congress

an imjjost," said the planters,

"we

shall

no longer be

obliged to compete with raw products in whatever form

from the West Indies or from other foreign

and create a home market."

points,

and the

protection in our favor will raise the price of our products

The

planters and the mer-

chants thus gradually came to be

national idea that the

common
of

supporters of the

regulation

commerce should be
despair.

under the control of Congress.

Congress
itself Avas quite

given

ujj to

On

the 15th

98

ENGLAND AND FRANCE LEARN TEE NEWS.

its

of February, 1786, the committee cLosen by Congress out of

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

was the instant duty

of Congress to declare most explicitly that the crisis

had

ar-

rived

when

the people of the United States, by whose will

in-

and for Avhose benefit the federal government had been

stituted, should speedily decide

whether or not they would

sujjport their rank as a nation

by maintaining

the public

faith at

home and

abroad, and l)y a timely exertion in estab-

lishing a general revenue strengthen the Confederation

and

no longer hazard not only the existence of the Union, but

also -the existence of those great

and invaluable rights for

Avhich they had so arduously and honorably contended.

At
itself

the time of this humiliating confession from Congress

information was passing to foreign governments from

their agents in

America concerning the low

wrote:

state of trade

and commerce and the impending dissolution of the Confederation.

To England, Temple
is

"The

trade and navi-

gation of the States appear to be

now

at a stand-still."

To
to

France, Otto wrote: "It

necessary either to dissolve the

Confederation
its

or to give to Congress

means proportional

wants.

It calls upon the States for the last time to act

;

as a nation
crisis
(

all

its

resources are exhausted

the present

concerns solely the existence of C^ongress and of the

'on federation."

to

On the 12th of No\ rniber following, Washington wrote Thomas Johnson, who ten years before had moved Wash-

THE CRAZE FOR PAPER MONEY.

iiigton's

99

appointment

to the

command

of the army, that " the

want of energy

in the federal

government, the pulling of

one State and parts of States against another, and the com-

motions among the eastern people, have sunk our national

character below par

and have brought our

politics

and

credit to the brink of a precipice.

plunge us into inextricable ruin."

A A

step or

two more must

he wrote to

week

later

David Stuart
eral
sity.

"

However
appear,

delicate the revision of the fed-

system

may

it is

work
is

of indispensable neces-

The
is

present Constitution
tottering to
in
its
:

inadequate

the

super-

structure
will

its

foundation, and without helps

bury us

ruins."

On
affairs

the same day he wrote to

Edmund Randolph
awful
crisis."

"

Our

seem

to be

drawing to an

Otto, in a letter of the 10th of Octobei', to

Vergennes, the French minister, had

summed

the necessity

of the hour, " to grant to Congress powers extensive

to

enough

compel the people to contribute for

the exact pay^-

ment of debts"

that

is,

that Congress should be

empow-

ered to regulate commerce and to levy taxes.

The
evils

people, meanwhile, alarmed

by continuous

industrial

depression and by bankruptcy, had sought relief in the very

which had caused the destruction of public and private

credit.

The rage
more

for the issue of paper

money broke out

wiped out with

afresh and

violently than ever.

Legislators responded

to public opinion that the debts should be

paper money.

In seven States the hard-money

men

Avere

out-voted; Avithin the ja^ar Maryland, North Carolina,

New
also

York,

New

Jersey,

Rhode
its

Island,

New

Hampshire, and Ver-

mont

issued great quantities of paper money.

circulation

They

attempted to enforce

by

law.

The famous

100

SHA Y\S REBELLION.

Rhode Island Weeden, in which
is

forcing act of

led to the celebrated case of

Trevett

vs.

the odious paper-money laws

were pronounced unconstitutional.

court of law
vailed

But

this decision of a

only evidence of the lawlessness which prein

commonly

New

England and

in

some other porsociety.

tions of the country,

and which demoralized

The
creat-

obligation of contracts ceased to be binding, in the opinion

of the masses; a cessation of the ability to

pay money
also.

ing an idea that the obligation to pay had ceased

frays

Af-

became common.

Armed mobs

interrupted or pre-

vented the session of courts.

riot,

In Massachusetts a reign of

known

as Shays' Rebellion,
in his letter to

Washington

which is referred to by Johnson as " the commotions

among by the

the eastern people," Avas supported by

men maddened

agonies incident to a ruined credit,

and who sought

to vent their blind fury against

the supposed authors of

their calamities, the merchants, the lawyers,

and the

courts.

The

insurgents in Massachusetts were favored by the gov-

ernors of

Rhode

Island and Vermont,

who

secretly connived

with them and openly aided them whenever any opportunity

was presented
to
earlier

to injure the State of Massachusetts.

As

if

make more miserable

and
fiercer

the desj^erate people, winter sat in

than since the terrible winter at Valley

^Merchants com-

Forge.

Laborers were out of ein})loyment.

]Iained of the interruption or of tlie ulter cessation of trade.

Tax-collectors returned

been reputed wealthy.

men as The
ahnost
their

tax deliiuiuents
(;ounlry, as
letter,

who had long

Washington had

jtrophesicd in his CaMious

Xcwlxirg
in

written about three

years bef<;re,
jMiople

"was

left
I))'

a state of lU'ture," and the

were learning

own unhappy experience "that

NEW JERSEY REFUSES

there
is

TO RAY.

101
tlie

n natural and necessary progression

from

extreme

of anarchy to the extreme of tyranny, and that arbitrary

power

is

most

easily established

on the ruins of liberty

abused by licentiousness."

Yet even amid

this general

bankruptcy several States

passed laws impairing the obligation of contracts.

sense of justice seemed stunned, or lost to the republic.

The
If

the inviolability of private rights could thus be ignored

by

public legislation, then after that " the deluge."

" Interfer-

ence with private rights and the steady dispensation with

justice,"

wrote Madison in after years, " were the

others led to the
1
'7

evils wdiich

above

all

new

Constitution."

During the winter of

quorum.

85-86 Congress rarely constituted a

falling to pieces.

The Confederation was

State legto elect

islatures either neglected to elect or

found

it difficult

delegates to Congress.

No

longer did the

profit,

office attract

the

great leaders
duties,

it

brought neither

fame, congenial

nor an opportunity for promoting the public welfare.

The

giants had disappeared and the pygmies had taken pos-

session of the land.

To New Jersey
its

it

w^as reserved to
life.

break the

last

strand which bound the Confederation to

In 1786 that State refused to pay

quota of one hundred

its

and

sixty-six

thousand

dollars.

Congress sent

committee

to reason with the

New

Jersey legislature.

gave the committee a hearing, but no money.

that Congress confessed
in
its

The legislature Then it was

helplessness.

Congress assembled, the

The United States perpetual Union under the Artiin five

cles of Confederation,

having received

months only
it

one fourth of the revenue necessary to support

for a single
it

day, defective in the theory of government on which

102

MADISON' ADVOCATES REFORK

tliose

claimed foundation, wholly lacking power to exercise

functions of practical administration which constitute the

vitality of

government, having passed through every stage

of misery, from inherent defect to suspected decrepitude,

frona

acknowledged decrepitude into open neglect, and from

neglect into notorious contempt, ceased to attract
flickering

common

any more attention among men save for a few

ments before
it

mo-

expired forever.

As
later,

the merchants of Boston had found an advocate in

Governor Bowdoin, so the planters of Virginia, a year

appealing to the House of Burgesses, found an advo-

cate in

James Madison.
debts

The
tlie

planters knew, as

knew

the

northern merchants, that

diated
its
;

general government had reputliat

they knew

the several States had

begun

to scale or to repudiate the State debts,

and ordinary

powers of reason led them to believe that

in a short time,

bow soon no man

favor.

could

tell,

private individuals Avould be

unable to collect the

lawful
last

claims outstanding in their

suc-

Madison, on the

day of the session of IVSG,

ceeded in getting the House to pass an act in the immediate

interest of
tlie

people of Virginia, but an act the conse-

quences of which no statesman could have foreseen.

He

began

a movement which from obscure

origin,

perhaps

among merchants and

slight advance,

planters, gained strength Avith every

(jaickly

which passed

and almost imperce))ti-

bly from State to State, an<l swelU'd at last into a national

impulse

tliat

found adequate ex{)ression

in the Constitutional

Convention of 1V8V.
lU'twecn Maryland
tlu'

iiud
It

Virginia the Potomac River was

boundary

line.

was the CDniinon liigliway of com-

THE COMMISSION AT MOUNT VERNON.

merce
to

103

und from the States along

it

its

banks and to and

from other States drained by

duties levied

by the laws

of

by its tributaries. The Maryland and Virginia were

or
skillfully

constantly evaded

by smugglers, who
in

succeeded in

landing goods from foreign countries in Maryland as goods

from Virginia, or

Virginia as goods from Maryland.

Each State had long accused the other of harboring smugglers, and complaints had been brought repeatedly before
the two legislatures.

As

early as 1784

Madison had made

personal observation of these infractions of interstate law,

aiid

had written to Jefferson suggesting the appointment of

of the

a joint commission

two States for the purpose of

bill

ascertaining

tlie

respective rights of the States over the

river.

commerce of the

was soon brought

into the
wei-e

Vriginia House of Burgesses.

Three commissioners

appointed for that Commonwealth.

Three were appointed

by Maryland, and
at Alexandria
;

in

March, 1785, the commissioners nict

but they soon adjourned to Mount Vernon,

in order to consult with

Washington.

As

the commissioners

entered u})on an examination of the interests before tliem

many

questions arose pertinent to the case, but beyond their

settle.

powers to

Delaware and Pennsylvania were

of the river.
If
it

inter-

ested in the

commerce

was

to the

advan-

tage of Maryland and Virginia to agree to uniform duties,

was not a similar agreement

to

beneficial to Pennsylvania

and

Delaware

If to four States,

why
?

not extend the agree-

ment

to all the States of the

Union

Washington
self-evident
;

said to

the commissioners, "

The

proposition

is

we

are

either a united people or

we

are not so.

If the former, let

us in

all

matters of national concern act as a nation which

104
lias

WA SniKG TOy BECLA RES FOR A MORE PERFECT UNIOK

a national character to support.
If the States individu-

ally attemjDt to regulate

commerce an abortion
issue.

or a

manynot

headed monster

will

be the

If

we

consider ourselves or
jjeople,
it

wish to be considered by others as a united

port the honor and dignity of one
trust one another

why

adopt the measures which are characteristic of

?

and supan end of

If

we

are afraid to
is

under qualified powers there

union."

These ideas advanced by Washington were ideas

in the

mind

of

many

thoughtful

men

in the country at the time

and were the seed of the more perfect Union.

While yet

at

Mount Vernon
tered

the commissioners drew up a report suggest-

ing that two commissioners be appointed by each State wa-

by

the

Potomac

to report a uniform system of customs

at

next

3^ear.

Maryland

once invited Pennsylvania and

Delaware

to participate in this

common commercial

policy.

Virginia, leading the

lar resolution

way
all

to a grander result, passed a simi-

extending

its

provisions, and, sending a

copy to

each State, invited

to

appoint delegates to meet in a

Trade Convention
September, 1786.

at Annapolis

on the second Monday

in

The

spirit of
tlie

the merchants and of the

It M'as this far-

planters had taken hold of

legislators.

reaching resolution that the House of Burgesses passed on

the last day of the session of 1786, and
it

^vas

Madison, ad-

vocating the cause of the Virginia planters, and of the merchants of Boston as well,

who

inserted a clause M^hich

met

the approval of the House, that the Convention about to be

called should be

trade and

empowered to take into consideration the commence of the whole country, and that Congress
commerce.

nliould be vested M'ith jxnvers to regulate

THE rAMniLETEERS.

105

On

the 9th of April Otto had written to his government:

Congfress aflbrds the States " a >limi)se of the fatal and inevitable consequences of bankru})tcy,

and

it

declares to the

whole world that

it is it

not to blame for the violation of the has

engagements which
ents.

made

in the

All

its

resources are exhausted; the

name of its constitupayment of taxes

diminishes daily, and scarcely suffices for the modest exijenses

of the government; the present crisis concerns solely the exist-

ence of Congress and of the Confederation.

tant

members

of Congress are doing

all in

their

The most imporpower to add

to the act of confederation

situation of
affaii's

some

articles

which the present

renders indispensable; they propose to give

to Congress executive powers

and the right to make exclusof regulating commerce."

dis-

ively emissions of paper

money and

Franklin wrote to Jefferson, then in Paris, that " the

position to furnish Congress with amjDle powers
is

augment-

ing daily as the people become more enlightened."

The

newspapers teemed with the writings of obscure economists,

yet not
all

obscure.

Publius * had addressed the American

public before, and he was soon to address

series of brief
first

them again

in

newspaper

articles

which have become the

American

political classic.

But there were obscurer men

than Publius, for Cato and Camillus, Plain Farmer and Cincinnatus wrote also.

Innumerable jDamphlets, which are yet

turning up in our day, bore the burden of the song of "present

discontent."

Even

the professors in the colleges were said to

of Aristotle to

emerge from the mysteries of logic and

critically, ere it

examine

was too

late,

the much-talked-of Articles of

Confederation, under which they suddenly discovered that

* Hamilton; the classic
is

The

Federalist.

106
tliey liad

THE ANNAPOLIS CONVENTION.

been living for several years.

Again were the

were drawn

Greek and the Italian republics compelled to do a post-

mortem

service to mankind, and

what

parallels

between the Confederation and the Achoean League, between

Amalfi and Modena
texts,
!

Clergymen discoursed from

ijolitical

and during the recess of the court the lawyers

in defense of favorite

dropped their arguments before the jury and took up new

arguments
to a

systems of finance as applied

government which had never pursued any system.

The

interests of trade, of

the currency, of commerce, and of a

first

national

government were for the

time in America

assuming a pronounced

political character.

The whole

nat-

ure of the absorbing theme was of the administration rather

than of the

])rinci[)les

of government.

Tlie Ti-ade Convention

met

at Annapolis in September,

but the attendance of delegates was so small as to discourage

the

few who had assembled from taking

into

prolonged con-

sideration at that time the grave questions that agitated the

country.
gates, nor
Little

Neither Georgia nor South Carolina sent dele-

was a

single
to

New

England State represented.

to adjourn.

was done except

meet and
Ilaniillon

But before was

:idj(jurning

Madison and
all

agreed u])on a report

which, drawn with

of ITaniilton's skill and foresight,

ion after a

adopted
days.

b^- tlie

Convent
urged

discussion lasting

two
of

'J'lic

rc]>oil

tliat

new Convention, composed

tlu;

delegates from eacli State, ])ossessing greater powers than

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.

Co)ies of this report

were sent to

States,

and the Annapolis Trade (\)nvention adjourned.

THE ORDINANCE OF
Again Virginia took the
lead,

1787.

107

and on the 9th of Noveniher

bill,

the House of Burgesses passed a

brought

in

by Madison,

that the State should send delegates to the proposed Constitutional Convention.

The

first

delegate chosen

by any

State

was chosen by Virginia, and he was her foremost

Washington.
in the

citizen,

Madison

Avas the fifth chosen,

and

his services

Convention were destined to be greater than those

otlier

of

any

delegate on the

floor.

Virginia was followed

speedily

by

New

Jersey, Pennsylvania,

Delaware, Nortli

Carolina, and Georgia, which in succession elected delegates.

In Massachusetts a bitter faction delayed the election until

tlie

21st of February, on

which day Congress

also

gave

its

weak and formal consent

to the calling of the Convention.

;

Rhode

Island never sent a delegation

but before midsum-

mer every other State was represented.

May, 1787, the Convention assembled
in Philadelphia,

On

the

14th of

in the old State

House

where so many of the delegates had already

won
in

a just fame.

At

the same time Congress was in session

it

New York,

and on the 13th of July

passed an ordinance

which has imparted immortal fame

to the last labors of the

Congress of the Confederation; the ordinance of 1787 was

passed, providing for the organization of the territory north

of the river Ohio in which " slavery, except as a punishment

for crime for which the party

had been duly convicted, was

forever prohibited."
in

This act fixed the boundary of slavery

the United States

boundary continued westward by

;

the great compromise of 1820

boundary which was the

in

theme of endless controversy and again of compromise

1850; a boundary which

was

set aside

by

the decision in the

Dred Scott

case seven years later; a

boundary which disap-

lOS

CONGRESS SETS THE DA Y.

last

peared at

in the

smoke

of battle.

This boundary

lu'-

came in our political history the precedent for a policy of

slavery restriction, which, at
itself,
first

appearing as the ordinance

grew

at last into a sentiment of the majority of the

l^eople of the

United States and was

set into the national

is

Constitution in 1865 in the very language which

found in

the ordinance passed nearly eighty years before.

work of the Constitutional Convention was done and the Constitution of the United States was made, it was
the

When

forwarded to the Congress of the Confederation to be ap-

proved by that body and by

of the States.

it

to be sent to the executives

in

There Avere delegates

Congress

who

did

not favor any pi'oposition to empower Congress to levy taxes

or to regulate commerce, and they played the
tionists to the end.
jiart

of obstruc-

On

the 27th of September, 1787, Con-

gress agreed to send the

ratification or

new

Constitution to the States for

rejection,

and during the following twelve

officially

months the action of the States was

Congress to prepare the

made known
It

to

Congress: the Constitution was adopted.

was

left for

way

for the entrance of the

it

new
fixed

government, and on the 13th of September, 1788,

the
first

Wednesday

in

January of 1789 as the time for

first

choosing presidential electors, the

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

the anniversary of the battle of YorktOAvn had for

seventh time returned, the Congress of the Confedera-

WHY THE GONFEDERATION

tion expired for

FAILED.

109

want of a quorum, and the Confederation

decay of the Confederation

came

to an end.

If Ave seek for the cause of tlie

it is

found in

its

inability to levy taxes, to raise a revenue,

to regulate

commerce.
legislatures.

These functions were exercised

l)y

the State

For generations the struggle

h;ul
tlic

gone on

in

England between king and Parliament for

possession of the taxing power, and the king had l)een van-

quished.
gle

For more than a hitndred and sixty years the strugin

was continued

America, but the struggle was between

the Parliament and the colonial assemblies, and Parliament

was vanquished.
ued
in a

And when

peace was

won and independence

was acknowledged the struggle over the taxing power contin-

new

form, not between the State assemblies, but befirst

tween two systems of government which for the

time in

America were discovered

representative government

as essential to

the perfection of

the local

system represented by

the States, and the national system represented feebly

by the
at

Confederation.
assemblies
all

The Confederation was

the creation of the

It

not their

master or their equal.

was not

clear to the people

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

implied a system of administration whose functions were

yet obscure.
"J^rade

Grinding necessity compelled the calling of a

Convention, and the Annapolis Convention pointed the

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

THE TWO SYSTEMS.

and national, must be worked
out, witli lu

aljrupt

departure from precedents, for

plete within itself, these

safetj^'s

sake.

Each comhy the

two systems were

to he inaugurated

by the continuation
States.

of the State governments and

formation of the Constitution by the people of the United

VIRGINIA CALLS A CONVENTION Foil AMERICA.

Ill

CHAPTER

III.

HOW THE NATIONAL CONSTITUTION WAS MADE, CONEEKKIXG

ALL NECESSARY POWERS ON THE NATIONAL GOVERNMENT.
1787.

When
that
it

Congress asked the States to amend the Articles so

to population

might levy a tax according

and spend the

revenue to pay interest on the public debt, twelve States had

consented
;

but Rhode Island refused, and the amendment

was not made.

When

Congress asked again for powers to

levy an impost by specific duties twelve States assented, but

New York
gress

refused, and the measure failed

and when Con-

made

a third

attempt for revenue, asking that the

power
twelve

to regulate trade

be granted for twenty-fi\'e years,

but

States consented,

New York
Had

again

refused.

Mindful of these

failures, the

Congress had consented to the

this last effort
itself,

calling of a Constitutional Convention.

to

amend

the Articles emanated only from Congress

doubtless the effort would have shared the fate of the earlier

attempts at amendment, but the

call

for the Constitutional

in the

Convention of 1787 came from the leading State

Union, Virginia, and
the movement.
it

was known that Washington favored

and
to this

Imitating the example of Virginia, the States

elected delegates to the proposed Convention,

day the fame of the men they chose

is

one of the glories of

American

history.

112

THE

JI

EX CHOSEN.
in-

From
fluential

Virginia came George Washington, the most

man

in

America

James Madison,

member

of

the

House of Burgesses, and destined

to serve

under the

Constitution, soon to be formed, as foreign minister, as

mem-

ber of Congress, as secretary of

of the United States
;

state,

and twice

as President

Edmund

Randoljjh, governor of the

;

State and

tlie

first

attorney-general of the United States

John

Blair, chief- justice of his State, a

graduate of William
later an associate

and Mary College, a great lawyer, and

justice of the

Supreme Court

of the United States;

George
United

Mason, author of the famous

"Declaration of Rights " of Virfirst

ginia in 1776, and afterward chosen one of the

States senators from his State
;

George Wythe, a signer of

the Declaration of Independence, a most eminent lawyer and

judge

in his State,

and the

legal preceptor of

two Presidents
;

and of one

chief-justice of

the United States

and James

McClurg, a graduate of William and Mary, a doctor of

medicine from Edinburgh, and at the head of his profession
in

that State, chosen to represent Virginia

to serve.

when Patrick
his

Henry declined

New

Hampshire sent Jolni Langdon, who had served

State in the old Congress, in the General Assembly, and on

the bench, destined afterward, as temporary speaker of the

first

Congress, to notify Washington of his election to the

])residency, twice governor of his State, and

once United

States

senator;

and Nicholas Gilman,

the

youngest man

chosen to the Convention by any State, afterward a

mem-

ber of the House of R('])resentatives, and at the time of his

dealh a T^iiitcd Stales senator.

Massachusetts sent Klbiidge Gerry, the

fifth

signer of the

THE MEN CHOSEN.

Declaration, a graduate of Harvard, afterward a

113

member

of

Congress, an envoy to France, and the fourth Vice-Presi-

dent of the United States; Nathaniel Gorham, a delegate to

the old Congress, a judge, and a conspicuous

member

of the of the

ratifying convention of his State;

Rufus King, one

authors of the ordinance of

1787, afterward

three times

United States senator from

New York

and twice minister to

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

United States senators and once

its

governor.

From

Connecticut came William Samuel Johnson, a grad-

uate of Yale, a lawyer of eloquence and ability, the agent of

Connecticut in England

in

colonial

days,

the friend

of

Samuel Johnson,

chief-justice
first

of his State,

member

of the

Continental Congress,
State,

United States senator from his

also

and president of Columbia College;

came Roger

Shermaji, the one

man

M'ho

is

distinguished as a signer of

the four chief state papers in our history, the Articles of

Association of 1774, the Declaration of Independence of

1776, the Articles of Confederation of 1781,
stitution of the

and the Conlife

United which

States.

He began

as a shoe-

maker, but by reason of his

tice of his State,
office

abilities

he became chief-jus-

he resigned after a tenure of

twenty-three years, to become a

at the time of
his

member

of Congress; and

death he was a senator of the United

States; and Oliver Ellsworth, a graduate of Princeton, a

judge in his State, and afterward appointed chief-justice of

the United States

by Washington, and,

later,

minister to the

court of France.

The delegates from

8

New York

were Robert Yates, who

114

THE MEN CHOSEN.

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

debates in the Convention during they* membership.

Ablest of the
in the

New York

delegation, and inferior to no

mind

Convention, was Alexander Hamilton,

who had

served
legisla-

as aid-de-camp to

Washington, as member of the

ture of his State, and, though deserted

by

his colleagues,

he

remained in the Convention and exerted a most extraordinary

influence over his fellow-members.

Afterward, as

fii-st

secre-

tary of the treasury,

"he smote the

corjjse of public credit

is

and

it

sprang upon

its feet."

To Madison

doubtless due the

honor of proposing the plan of the national government, but

the lionor of applying that plan later, in practical administration, is

due chiefly to Hamilton.

Jersey chose William Livingstone, a graduate of

New
Yale, a

member

of the Continental Congress, and eleven

times governor of the State; David Breark'y, her chief -justice;

William Churchill Houston, her member

times attorney-general

in

Congress,

William Paterson, one of the signers of the Declaration,

ten
of
his

State,

afterward

her

senator in Congress, once her governor, and later appointed

by Washington a

justice

of

tlie

Su])reine

Court of the

Cnitcd States; and Jonathan Dayton, a graduate of Princeton, a

member

of Assembly, of the last Continental Con-

gress, afterward twice speaker of the

tives,

House of Representa-

and once United States senator.

THE MEN CHOSEN.

T?ut

115

no State could

l)oast of

such delegates as were sent

in

by Pennsylvania.

Foremost

fame was Franklin, who

divided with Washington the admiration of the world.

He

was widely famed before many of

in

his illustrious colleagues

the Convention were box'n; he was the only

American of

his

century

who was

a citizen of the world.

In science, in

diiI()macy, in society, in letters, in practical business, in great

public charities, and in organizations of wide influence to this

day he was foremost, and of

great

all

the Americans in an age of

men he

is still

more talked and written about than any

save Washington.
influential
in the

As

president of his State he sat most

delegation,

and though too feeble by

rea-

son of age to participate actively in the debates in the Convention,

l)y his

presence and

l^y

his

inexhaustible good
so

humor and
that
it

practical

sagacity his influence was

great

may

be said that the Constitution could not have

been framed without him.

soldier,

With him were Thomas

Mifflin,

member
to

of Assembly, and nine years governor of

his State;

Robert Morris, the ^nancier of the Revolution,

Congress,
a signer of the

delegate

Declaration,

first

United States senator from Pennsylvania, and founder of

the

Bank

of

North America; George Clymer, one of the

and afterward a member of
fa-

signers, a delegate to Congress,

the

House of Representatives; Thomas Fitzsimons, a James Wilson, a student

mous merchant
universities

of Philadelphia; Jared Ingersoll, the leader

at four

of the bar of his State;

and

tiie

ablest constitutional lawyer in the Con-

vention, a frequent debater, and afterward professor of law

in the

University of Pennsylvania, and appointed by

Wash-

ington a justice of the Supreme Court of the United States;

116

TEE MEN CHOSEN.

later gov-

and Gouverneur Morris, delegate to Congress, and

ernor of
senators.

New
It

York, and afterward one of

its

United States
form, because
his style,

was Gouverneur Morris wlio was chosen by the

its tinal

ConA'ention to Avrite the Constitution in

his colleagues recognized the finish

and elegance of

Delaware elected George Read, one of the signers of the

Declaration, a
olis,

member

of the

Trade Convention
a delegate to the

at

Annap-

and afterward United States senator and chief-justice

of his State;

Gunning Bedford,
judge of

Assembly
court
for

and

to Congress,
first

and afterward commissioned by Washingthe federal

district

ton as the

Delaware; John Dickinson, a judge, a delegate to Congress,

author of the celebrated letters of a " Farmer " and of the
Declaration of 1775; while a
cil

member
The

of the

Supreme Coun-

of Pennsylvania the legislature of that State founded

Dickinson College in his name.

State also sent Richard

Bassett, afterward United States senator and chief-justice of

his State,

governor, and United States circuit judge;

and

Jacob Broom, a member of the Annapolis Convention, and

afterward higlily honored by the people of Delaware.

From Maryland the delegates were James McHenry, a member of Washington's military family, of the Senate of
Maryland and
al'lci

of

llic

Continental (Vnigri'ss at the same time,

ward

secret ary of

war under Wasliington; Daniel of

of Safety
foi"

St.

Thomas

Jenifer, of

tlie (\)un('il

his State, dele-

gate to Congi-ess, a

member

of the commission appointed

by

Maryland

to settle llie jurisdict ion

over Chesapeake Bay, the

commission which adjourned to Mount Vernon, and whose

re))ort initiatc(l the

movement which

led to the calling of the

Constitutional Convention; Daniel Carroll, delegate to Con-

THE MEN chosen:

gress,

1 1

and afU'i-ward,

as

member
tlut

of Congress, one of ihe eoiu-

missioiiers that

located

capital of

the United States;

John Francis Mercer, a graduate

lege, a student at

of

William and Mary Col-

law of Thomas Jefferson, a delegate to

its

Congress; he refused to sign the Constitution, and opposed

ratification

by the people of

his State;

he was afterward a

representative in Congress and governor of Maryland; and

Luther Martin, one of the distinguished lawyers of his day,

attorney-general of his State, a champion of State
riglits,

and, like Yates and Lansing, he not only opposed the Constitution, but

became one of the four of

and notes the debates
in the

its

members from
to posterity as

whose

letters

Convention are to

some extent known.

of counsel to

But

lie is

better

known

Aaron Burr

in his trial for conspiracy to overin his last

throw the national government, and a recipient,

days, of the charitable legislation of his

State and of the

meager

hospitality of Burr.

North Carolina chose for delegates Alexander Martin, a

graduate of Princeton, a member of Assembly, of the
first

and second provincial Congresses,

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

France with Gerry and Ellsworth; William Blount,

of provincial assemblies, of the

member

House

of

Commons

of his State, delegate to the old Congress, afterward gov-

ernor of the territory south of the river Ohio, founder of the

city of Knoxville, and

United States senator from Tennessee,

in

but impeached, found guilty, and expelled

1797, his im-

peachment settling the question that

Constitution a

in
is

the meaning of the

member

of Congress

not a

civil

officer;

118

THE MEN CHOSEN.

Richard Dobbs Spaight, a graduate of the University of

Glasgow, member of Assembly, delegate to the Continental
Congress, and afterward a representative in Congress;

Hugh

Williamson, a graduate of the University of Pennsylvania,

and professor of niathematics

in that institution,

one of the

Americans

in

London examined by

the Privy Council on the

subject of the destruction of tea at Boston,

member

of the

North Carolina Assembly, of the Continental Congress, and

afterward of the Congress of the United States.

From South

Carolina came John llutledge, a native of Ire-

land, a student of law at the

Temple, inferior to none of his

contemjtoraries in learning and eloquence, meml)er of the

first

Congress, governor, judge of the State court of chan-

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-

worth Pinckney, educated

to

at Oxford,

and afterward minister

France; Charles Pinckney, member of Assembly, of the

Continental Congress, and a reputed author of the system

of government finally agreed u})on in the Convention, four

times governor of his State, United States senator, minister

to Spain, and, later,

mend)er of Congress; Pierce

Butli'r, also

an Irishman, a delegate to the Continental Congress, active

in

the debates in the Convention, and

first

United States

senator from his State.

(leorgia elected William

Few,

like so
(

many

of his col-

leagues, meml)er of Assendjly and of the

'ontiiu'Utal

Congress;

afterward United States senatoi" and jueiidx'r of the legislalure of

New

Yoi-k; Abraliaiu iSnldwin, a graduate of Yah',

and some

linu! a tiilor in the college,

president of the Ti^niver-

WASHING TON PRESIDES.

sity of the State, of

1 1

which

lie

was one of the founders, mem-

ber of the Continental Congress, afterward

member

of the

House of Representatives, and United States senator; William Houston and William Pierce, both of

whom

had been

members of the old Congress. Rhode Island refused to choose

represented in the Convention.

delegates,

and was not

By

these fifty-five

men
at

the Constitution of the United

session they

States was made,

and

some time during the

were present.

Eighteen men, chosen as delegates by eight

of the States, in addition to the fifty-five, declined to serve

and never attended the Convention.

The
able

delegates

who

participated in the immortal

work

of

framing the national Constitution composed the most remark-

body

of statesmen that ever assembled on this continent.

for

Each of them was famed

in civil life;

some honorable achievement

distinction in the
legislative,

many

of

them had served with

war; together they represented the executive, the

the judicial, and the military experience of the land; familiar

with the multifarious forms of the questions of the hour;

affairs
;

acquainted with the practical administration of

fresh

from the people and capable of knowing what constitutes

the general welfare and

how
in

to

form a more perfeot Union.

On

the 25th of

May, 1787,

the assembly hall of the Stnle

House
chair.

in Philadelphia, a

qitorum of States being present, on

motion of John Langdon, Washington was called to the

William Jackson was appointed secretary.

later,

Three

days

nine States being represented on the floor, the

doors were shut, a solemn pledge of secrecy Avas imposed on

the members, and the work of the Convention began; and
it

120

THE VIRGINIA PLAN.

till

was not

fifty

years had passed that the proceedings in the

Convention were made knoAvn.

Then, by authority of Con-

gress, the journal Avas published, and, of greater value, Avere

also published Madison's notes, taken

during the debates.

notes,

From

the journal,

from Lansing and Yates's

from

Lutlier Martin's letter to the governor of Maryland,

and from

Madison's notes, from the letters of memlx>rs of the Convention written at the time, or

from

their letters

and conversa-

tions in later life preserA'ed

by

their fi-iends, their descendants,

Avas

and

their heirs, our

is

knowledge of hoAV the Constitution

made

obtained.

On

Tuesday, the 29th, Governor

AA^ork of

Randolph arose and

opened the

the Convention

by presenting

fifteen
It is

resolutions as a general plan of national government.

known

as the Virginia plan.

national government Avas to

be established consisting of a supreme executive, a supreme

legislature, a

supreme judiciary, and a council of

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 should be chosen by the people and the

elect the

branch

members

of

tlie

second from nK>n nominated by

the State legislatures.

Representation in the lower house

sliould be apportioned to the States according to their pop-

ulation
Stat(!
liS'
I

and

tlie

proportion of the national expenses each

should bear.
iialioiial

The

ualional judiciary should be elected

Ik:

legislature.

A
tlu;

couiieil of revision, consist-

ing of the executive; and of

Tlnited States judges, should

THE FLAX
revise

IS- DISCUSSED.

121

the

laws before

lliey

Avent
tlie

into operation.

New

States should be admitted into

stitution could

Union; the new Con-

be amended and each State should be guar-

anteed a republican form of government and the ownership

of the soil within
into a
its

boundaries.

The Convention then went

Charles Pinckney pre-

committee of the whole on the state of the Union, and

the Virginia plan was taken up.

sented to this committee another plan for a Constitution of

which

little

is

known.

On

tlie

following day, and for a

fortnight longer, the details of the Virginia plan were discussed, resolution

by

resolution.

Opinions were not uniform,

but the weight of numbers declared for a national govern-

ment

of

three branches, a legislature of

two houses, and

that the people should elect the

members
it

of one house.

On

the organization of the executive every sort of opinion was

expressed.
it

It

should be triple;

should be a committee;
it

should be one person with a council;

;

should be one per-

son without a counc/il

he should be elected by the national

b}''

legislature on joint ballot;

legislatui'e;

one branch of the national

lot;

by both branches by

by the governors of

the States;

by the

State legislatures;

by

electors;

by the

people

directly.

It

was determined that the executive

legislature should deter-

should be one person, elected for seven years, ineligible for

re-election,

and that the national

mine the manner of choosing him.

By

this

time the 5th of June had come, and the various

clearly seen.
fell

and irreconcilable ideas among the members were

Unanimity

raj^idly disappeared.

The Convention

apart

into sectional parties, of the East, of the Middle States, and

of the South; parties not clearly defined but animated

by a

122
sectional
spirit.

THE

NEW JERSEY PLAN.

debating,

From

men

fell

to

wrangling.

There were individuals and there were whole delegations

seriously

opposed to a national government; to any kind of a

confederacy of the States; to State sovereignty, or even to

any change

in the old Articles of

Confederation.

The North
were great

was commercial; the South

ware.

Avas agricultural; there

little

States like Virginia, and there were

It

States like Dela-

soon became plain that

it

if

a Constitution was to be

framed

at all

must be by compromises, and of compromises

there were three

one on representation, one

on slavery and

the slave-trade, and one on the control of commerce.

The

great States were Massachusetts, Pennsylvania, and Virginia,

great in area and in population; they favored a strong central

government with
based

rej^resentation in the national legisla-

ture

on population.

The
in

small

States

were

New
the

Jersey,

New

York, and Delaware, and they insisted on the

the
old C^onfederation,

principle

of representation

efpial I'epresentation of the States in the national legislature.

There seemed to be of no way of compromising the two ideas

on representation.

At

this critical
ilooi-.

movement New
its

Jersey, led

took the
tion Avas

lie held a conservative j)osition.

by Paterson, The Convento

going beyond

powers.

It

had assembled

the Articles of Confederation, not to abolish them.

of ihe Articles
((piality

amend The idea

was good.

The

States were sovereign and

})ossible

of representation

was the only

basis for

amendment.

Poj)ular i-epresentation

or re])resentation- ac-

cording to weallh was unfair.

If ])Oj)ulation iix(>d re])resenta-

lion Virginia woiilil liaxc sixteen votes,

Georgia but one.

New

Jersey would ne\cr consent to such a plan.

THE NFAV JERSEY PLAN.

123

To

Patoivson's objections

tlie

adherents of the Virginia plan

replied that, true enough,

So, too,

tlic

States were sovereign and equal.

other
(bial

man Ly nature sovereign and equal to every man; but when civil government is formed the indiviwas
evei-y

must

surrendei" something for the general good.

It

was

so with the States.

national

government could not be

formed

if

the States remained sovereign.

Government
It

is

founded on the people, and representatives should therefore

be apportioned to equal numbers of the people.
people, not the States, that were to be represented.
ab'le ratio could,

was the
equit-

An

be fixed for representation just as four years

before the quotas

among

the States liad been fixed by the

to all; according to the

Congress.

The

ratio

was known

whole number of free inhabitants of both sexes, and three

fifths of all

other persons except Indians not taxed.

To

this

view the large States assented.

in

The great

States

had won, and representation

legislature

both branches of the national

was

to be according to ]iopulation.
satisfied.

But the small

States were

by no means

Their leading delegates

conferred together.

By

the 13th of June the remaining pro-

visions of the Viiginia plan

had passed the committee, and

it

was thought by many that a day should be named for considering the report,

when Paterson claimed the Convention and introduced what is known as

plan.

attention of the

the

New Jersey

Congress was to

consist, like the old Congress, of a single

house,

empowered

to regulate trade

and commerce, to levy

stamps on certain

duties, to fix jtostage rates,

articles.

and

to require

The executive should

consist of a committee, eligible

for a single term and removal)le

by Congress upon

request of

a majority of the governors of the States.

There should be a

; 24

WJLS ox TA KES THE EL OOR.

court, naturalization laws of

supeme

uniform application, and

the States should send their several quotas of national revenue

to Congress as under the Articles of Confederation.
stitution

This Con-

and the laws and

treaties

made nnder

it

were to he
all

the supreme law of the land, and to this Constitution

officers

were

to

make

oath of allegiance.
it

In support of this

plan

its

friends maintained that

was

strictly

according to

the jiowers of the Convention, and that while amending the

Articles
it

amended them

in

manner which the people

Further than to pro-

M'ould easily understand and accept.

pose such a plan the Convention had no powers to go, as

every delegate knew

if

he would read his commission.

specific

To

change the Articles required

of
all

powers and the consent

the States.

Either the Convention must accept the

New

Jersey plan, or go

home and

ask for powers to

make

new government. Then the friends

of government, and

of the Virginia plan defended their plan

James Wilson took the

Jersey
}ilan

floor.

New

Jer-

sey proposed hut one department of government, Virginia

three;

hy

the

New

the States would he reprethe people.

sented;

hy the Virginia

plan,

By

the

New

Jersey plan the minority would rule; hy the Virginia plan,

the majority.
national law;

By

the

New Jersey plan

State law out-ranked

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

and the Articles of Consame.

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;

could not maintain

HAMILTON'S IDEAS.
treaties; it could

12b

not prevent one State from invading the

it

rights of another;

could not secure domestic tranquillity

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

Jersey plan would the ])eople of the

off

United States be any better

Articles of Confederation.

than they were under the

At

this

juncture Hamilton arose and with characteristic

boldness attacked both the Virginia and

New

Jersey

jilaus,

and presented

briefly

and

clearly his

own

ideas of

what the

national government should be.

lie

was then

just thirty

years of age, youthful in appeai'auce, fascinating in his manner,

and persuasive
niox'e,

in his speech.

It is said that his ideas

were

admired than followed by his colleagues.

lie

began by saying that he doubted whether the Convention

would frame the most desirable kind of government.

He

intimated that the people would hardly sustain such a gov-

ernment, which would, in their opinion, be too aristocratic,

or at least too undemocratic. Ilis ideas were that the supreme
legislature should consist of

two houses, an Assembly and

Senate; the
thi'ee

years and the

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.

The executive was

good behavior, and should

His j)owers were to be
if

be one man, chosen by

supreme: to veto any law; to conduct war

once begun; to
of the

make

treaties

by and with the advice and consent

national judiciary should be supreme.

Senate, and to appoint the heads of departments at his

discretion.

own

The

State

laws conflicting with the Constitution and the national laws

126

TWO OPPOSING SYSTEMS.

The governors
of
tlie

were to be void.
appointed by
tlie

States were to be

national government.
aftei'

Hamilton's notions

were too closely

bated.

British models, and they were not de-

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

of limited powers; Virginia, a general

with powers "extending to every thing or to nothing."

Mindful of the state of the country and of the need of a

strong national government, the Committee of the

Whole

reported

in

favor of the Virginia plan.

For a week the

States

work proceeded smoothly.

triumphed.
Slight

The great

had again
of the

modifications in the language

resolutions on representation were

States,

made

to please the small

and the word "national," distasteful to the was drojjped

in

New
fortii

Jersey party,

some
the

places.

During the

remainder of June the Convention went back and

through the resolutions.

consist of

Sliould

national

legislature

two houses?
?

Should

its

members be twenty-five
?

or thirty years of age

AVhat should be their term

?

Should

there be three executives or one

But these questions were

l)asis

inferior in importance to the great question of the

of

representation.

'I'hcn

and

thei'c

came

to light in the de-

bates, in all their essential character as the examination of

the resolutions continued, two sets of political ideas between

which

i'cc<rii(iliation

seemi-d impossible.

Tlic State rights

men would found

tlie

the

on
it

tlic
Jii

States as soverei'^iis;

national

new government men would tound

tliat

imlividiials.

The

little

States exclaimed

their

THE CONNECTICUT COMPROMISE.

riglits

127
po[)ular repre-

and

liberties

would be swallowed up by

sentation in both branches of the national legislature.

The

great States replied that there was greater danger to themselves than to the small States, because
it

was the experien(;e

of history that great States contiguous to each other and

sovereign parts of an imperial system could not agree, and

that

some of them would

were
all unlike.

join the little States.

to "the

Moreovei",

there

was nothing common

larger States.

Their

interests

If equal suffrage ])revailed they

would be compelled to bear much heavier burdens than

would the

little

States in su])port of the

The

large, not the small States,

were the States

new government. to make

work
of the

complaint.

But the small States were not persuaded by these

and a serious interruption
in the

affirmations,

Convention seemed imminent.

At

this crisis the

party of

compromise, known from their leaders as the Connecticut

party,

made a
rights

projjosition

AVhy not adopt both

the

ideas

the
V

State

ideas and

the ideas of

Virginia plan
let

Virginia considered the people as a whole

one house

in

the national legislature represent the people.

New

Jersey

considered the people as composed of distinct political com-

munitieslet one house represent these communities.

this suggestion of

To

compromise,
listen;

New

Jersey,

New

York, and

Delaware would not

compromise.

but the great States accepted the

But the comjiromise on representation was not made

without angry words,
Avithout

threats

of

secession,

and

without personal and bitter remarks.

The whole matter

and the debates
in
It

was considered by a committee of

committee were no
less bitter

eleven,

than those in Convention.

128'

THE BASIS OF REPRESENTATION.

crisis

was evident that a

had come.

Tlieii

Franklin acted
tlie

the j)art uf peace-maker, and his approval of

Connectiit.

cut suggestion favorably influenced his colleagues toward

Tlie report

was
eacli

at last

brought

in,

was

consi<lered,

and was

agreed to

State should have an equal vote in the

first

second branch, and one representative in the

every forty thousand inhabitants.
smaller States insisted that
in the
all

branch for

For

this concession the

money

bills

should orig'inate
could not be

more popular branch; that such

in the

bills

amended

second branch, and that no money could be

appropriated without the consent of the po}>ular branch of

the legislature.
reached.

The vote was

first

taken.
in

The

decision was

The

compromise

the

Constitution

was

made.

Two

Aveeks passed before the final vote

was taken,

but the compromise was never changed.

representation.

The Convention then gave its The resolution

attention to the details of

fixing representation in the

lower house at one representative to forty thousand inhabitants did not satisfy

some of the delegates.

The;

Population,

they said, Avas already moving westward.

ultimately feel the effects.
oul vote the Eastern States.

The East must

was too
the
speeilic.

Western States would soon

j)i-opoi-tion
'i\)

The

genei'al

system was

safer.

di'termine
census.

rule

of

representation
familiar to

Randolph proposed a

The idea was

J)ut

New York

and to Massachusetts,
was

a census

Itrought

(lifliculties

to light.

In the SoutheiMi States were

it

half a million of beings wlioni

diflicult

to

classify.

Were

they ]iopiilalion or wealth

They were

propi'rty,

and

cuiiM be bought and SoM, leasc:d and mortgaged, or disposi'd

of by gift or

by testament.

To some

delegates h\nn

tlie

NEW YORK LEAVES THE

North
stock
it
ill

CONVENTION.

129

seciiu'd that
tlie

they shoukl bu accounted as was live

classed as property,

North.

They should be

and

not as persons.

To the Southern

delegates they were both per-

sons and property, and as persons they should have re[)resentation in the

government about

to be established.

Hugh
Upon
The
di-

Williamson at once proposed that the census should be of

all free

whites and three fifths of

all

other persons.
line.

this

motion the Convention divided by a new

vision into great States

and small States disappeared.

The

division

was now on the question of slavery.

Massachusetts,

Pennsylvania, and

New
all.

Jersey demanded that slaves should

Georgia, South Carolina, and Del-

not be represented at

aware demanded that slaves should be represented equally

Avith whites.

Lansing and Yates, of

New

York, had
;

left the

Convention when the Connecticut compromise passed

ton, left alone, could not vote,

Hamil-

and

New York was no longer a

States, Vir-

member
ginia,
ill

of the Convention.

But the remaining

North Carolina, and Maryland, though not unanimous

sentiment, favored the view of the three Northern States

on the slavery question, that slaves should not be represented.

The compi'omise on
sevei-al

representation in the national legisla-

ture was not without a precedent in State experience, for in

States

the method of representation in the two

branches of the legislature was

on the plan of the com-

promise, Massachusetts and Virginia both having representation in their u})[)er house

by

districts,

and

in their

lower house

by popular
tation

vote.

But when the problem of

in not

slave represen-

came before the Convention no precedent could be

one of them could a slave In local gov-

quoted from the States, for

vote nor in one of

them was he

represented,

130

SLAVERY.
industrial,

ernment slavery was an

in national
trial

but not a

political, factor;

government slavery

at once

assumed both indusslave

and

jiolitical characteristics.

The

was both person

to

and

prt)perty,

and the general government was

be founded

on persons and on property.

problem,
if

Slavery at once became a

new
di-

not unexpected at least sufficiently serious to

vide the Convention into two parties.

Slave labor was as necessary to the South as free labor to
the North, argued the Southern delegates.
chiefly

All Avealth there

in value

depended upon such

on the labor of

labor.

Lands rose
its

and

the production of the country and

chiefly
slaves.

imports

depended

In time of war, as had been

recently demonstrated, slaves could be relied on in the defense of the country.

As

the proposed government was to

protect property,

and that was the principal reason for

ought to liave equal representation with
of slave representation replied

making

it,

slaves

the whites.

The opponents

that slaves were not represented in the State legislatures,

that they could not vote, nor

had any master

in the Soutli a

number
more,

of votes in 2)roportion to the

number

of his slaves.
;

The denuind
it

of the Southern delegates Avas unprecedented

Avas

immoral and contrary

to the })rinciples of the

(lie riglits

American governments,
man.

Avhich were founded on

of

Slave representation would not be a re[)resentation of

the slave, but an increase in the ])ulitical j)Ower of his njasIcr.

Between

these oj)])osing ])arties, as between Ihe givat

little

States and the

States the Connecticut

men had

i-isen

as a
(f

party of compromise, so

now

rose a third party, a party

compromise.
wliitc

The negro

slave

was not equal

])ei"son,

to the frei-

man, yet the negro slave was a

and should,

T.

XA TION AND SLA VER Y.

Perhaps
tlie

1 :j 1

LlKTC'lore, liuvc representation.

provisiuu in

tlie

Articles of t'un federation

was as near

riglit as

eould

Ije niaile,

that tlirec Hfilis of

as slavery

tlie

slaves should be counted.

Perhaps,

was a State

institution, the slaves

might be repre-

sented in the national Senate.

l>ut the

way

out of the difficulty was not clear, and on the

2>i"esent

vote for re})resentation based on a census every State

on the

floor

voted in the negative.

No

progress thus far in

arranging the plan of representation.

It

was then moved by

Gouverneur Morris that taxation be

tion,

in the ratio of representa-

and the motion

alert

jiassed that direct taxes should so be laid.

But an

advocate of slave representation detected in this

resolution a proposition to tax the slave population

and

at the

same time exclude

it

from representation, and the State of

North Carolina expressed the opinion of the South that unless

a three-fifths representation were granted the South for her
slaves she

would not

join the i)roposed Confederation.

The

slavery question was thus brought to an issue on which the fate

of the Constitution hung.

Every man present knew that the

Island, of course,

work of the Convention must be submitted to the several

States for ratification.
ratify if she

Rhode

would imt

would not send a delegate

to the Convention.

New York
now

Avas

already displeased over the compromise on

representation, and had left the Convention.

North Carolina
Cer-

threatened to join the number uf opposing States.

tainly all this o|)position

must be quieted or no Constitution

could be framed, nor,

slave I'epresentation

if

framed, adopted.

compromise on
six

must be made.
in the

There were

Southern

and four Northern States

Convention.
satisfied

If the

South

was

satisfied the

North should be

A compromise

132

THE OHDIXANCE OF

1787.

was then suggested

to dh'ect taxation,

tliut

representation should he according

and both representation and direct taxation

Population should
infifths of the slaves.

should be according to population.

clude
all fi-ee

whites and three

The second compromise was

ado})ted by the committee,

rep-

and on the 16th of July both compromises on slave

Just three days earlier the

resentation and direct taxation were reported to the Convention.

last

Congress under the

Confederation, in session in

New York,

had passed the ordi-

nance of 1787, forever forbidding slavery north of the river

Ohio, except as a pu;ushment for crime.

Thus within one

week, and almost at the same time, the question on which the
fate of the

Union depended

in 1787,
it

and on which three quaragain depended, was dis-

ters of a century later in its history

cussed in Congress and in the Convention.

The

report of the

committee brought both compromises, on representation and

slavery, together,

and the vote of the Convention

States divided anew.

Avas

on the

whole

report.

The

The

small States

Connecticut, New Jersey, Delaware, and Maryland -voted

for the report

because

it

gave them

e(pial rejircsentation in

the Senate.
lina

l\'iinsylvania and Virginia joined Scjuth Caro-

and Geoi'gia for the same reason, and voted against the
"^'lie

report.

vote of Massachusetts was lost because GorAvould not consent that the

ham and King

new government
'J"'he

should encourage or be founded

on slavery.

fate of the

two compromises depended on the vote of North Carolina.

Nortli Carolina voted
//"',

and

tlui

report })assed

votes to four.

The second

comin-oniisi'

was made.

by At

five

this

lime

he Convention w:is on the point- of disiMiption.

The

large States Itegan to talk of a coiiftMleration of their own,

THE COMMITTEE OF
to

FIVE.

133
to seek

which ultimately the small States would he forced

admission.

The

small States gave no sign of retreat

from

the position they had gained, and the factions set to

work on

the details of the distribution of powers between the national

government and the States; on

tlie

jurisdiction of the Suits

preme Court; on the manner of appointing

judges; on

the qualifications for congressmen, for the President, and

for judges,

and on the method of ratifying the Constitution.

passed, and on the 26th the various plans

Ten days more had

of

government that had been reported were given to a grand

to bring in a Constitution.

committee which was instructed

The Convention then voted to adjourn for two weeks.

This important committee consisted of Nathaniel Gorham,
Oliver Ellsworth,

John Rutledge.

When

James Wilson, Edmund Randolph, and the 6th of August came and the Con-

vention re-assembled, every

side, neatly printed in

member had

before him a broad-

large type, of a draft of a national

Constitution.

It differed

from the Constitution

to

which we

are accustomed, and the differences

show how the draft was

re-elected.

afterward amended.
for a

Congress Avas to choose the President

term of seven years, and he could never be

to be called

He was

"His Excellency."

He might
trial

be imshould

peached by the House of Representatives, but his

be before the Supreme Court.

He

need not be a native

American.

The
if

draft

said

nothing of a Vice-President.

Members
them, and

of Congress were to be paid

by the States that

office

sent

a senator wished to hold any

under the

United States he must have been out of the Senate one whole
year.

Congress could emit

bills of credit,

could choose

b}^

ballot a treasurer of the

United

States, could determine the

134

THEIR RErORT REVISED.

membership, and could admit new States

qualifications for its

upon a two-thirds vote of members present.

should choose two senators.

Each State

Disputes between States respect-

ing jurisdiction or territory were to be settled by the Senate,

or, in case this failed,

by a commission chosen,

in a

cumber-

some manner, by the Senate and the disputing

States.

But

much

of

tlie

Constitution as

we know

it

can be found

in this

draft of the committee of five.

As soon
made
of

as the draft

was before the Convention the process

this revision the Constitution

of revision began.

By

was

to comprise its present provisions

and to take some porUnited States

tion of its present form,

"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.

The Congress was described

Nearly

as consisting of

two

branches, the lower to be called the House of Representatives,

the upper, the Senate.

all

the provisions in
report
to lay

the Constitution, as
of
tlie

we know them, appeared in the committee of five. The j)owers of Congress

and
in

collect taxes

and to regulate commerce, which had been

dispute for ten years, wei'e

for every

sitioii,
tli.il

man

in

the Convention

now granted without oppoknew by experience

supreme powers
in

a national

legislature without those

\v(juld

be no stronger than the Congress then in session

New

York.

Treaties were to be made, and embassadors and

judges of Ihe Supreme Court were to be appointed by the

Situate.

Anu^iulnu'iils to

tlie ])()wers

of (longn^ss were at once

i)ro-

]osed: 1o dis])ose oC tht; unappropri;it('d piil)lic lands; to insti-

tute teniporai-y gDvenuneiits fitrnew States; to grant charters

THE OLD ECONOMY YERSim THE NEW.

135

of incorporation; to secure copyrights to authors; to establisli

a university

to encoui'age the

advancement of useful knowl-

edge; to

fix tlie seat

of government; to establish seminaries

of learning; to grant patents; to provide for executive de-

l^artments of war, of the navy, of the treasury, of

of foreign
affairs,

home

affairs,

and of State; to secure the payment of the

public debt; to preserve the liberty of the press; to prevent

the quai'tering of troops in any house in time of j^eace witli-

out the owner's consent

for office in the

to exclude religious qualifications

to give the President

new government, and

an advisory council of seven.

These and other amendments were referred to the committee of

five.

But

tliere

were two sections

in the draft

which awakened such

that the whole report

hostility

and diversity of sentiment

was endangered.

One

of these sections forbade Congress to tax any article

of export from any State or to tax or to prohibit the importation of slaves.

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

tax exports and to admit imports free Avas

maxim

in the old

economy.

against the innovation.

Some members expostulated The Southern delegates feared if the

general government was forbidden to tax exports that the

States

would tax them, and thus the agricultural States would

be at the mercy of the commercial States.

States,

And

only two

Georgia and South Carolina, insisted that Congress

slaA^esj

should be prohtbited from taxing the importation of

136

DTVIFHON OX SLAVERY.
.State

every other
shave
traffic.

desired to see a speedy end of

tlie

whole
bal-

But South Carolina and Georgia held the

final

ance of power on any

vote on the slave question.

Their

delegates insisted that without slave labor their rice-swamps

and their

indigo-fields

would be abandoned, their business

ruined, and their States

made bankrupt, and

that they would

never confederate

if

Congress Avas empowered to tax slaves

or to prohibit their importation.

necticut joined Georgia and

Again the Convention divided on the slave question. ConNorth Carolina in the demand

for the free importation of slaves.

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

the States, and to the States alone, the control of slavery

left,

must be

for they

knew

best the sources of their wealth,

and their wealth w^ as the wealth of the Union.

2>onents of slavery

Quickly the op-

were on their

feet,

but the arguments they

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.

Pennsylvania was a land of

thrift, of

rich farms, and of prosperous boroughs; Maryland and Yir<rinia wei-e

lands of desolation: but the land of desolation was

the land of slavery, and the land of prosperity was the land
of freedom.

But there
in

w\as not a State represented in the

Convention
in

which slavery was not lawful; not a conununity

its slave,

America without

save in the disputed land called

"N'crmonl and in

some communities of Methodists and of the

DEBATE!^ ON SLAVERY.
Society of Friends.
of

137

A sterner law, a law more just than that

frost

men or any law which men might frame, the law of

and snow, had driven African slavery out of

it

New England

as

had not driven slavery out of Virginia and the Carolinas.

possessed the climate of South Carolina,

Had New England

African slavery would not have been opposed by a single

delegate from the North.
It Avas

on slavery as a producer of

wealth that the whole debate in the Convention turned.

As

a producer of wealth in a government founded on wealth and

on persons slavery became a

factor
it

jjolitical factor.

As
it

a political
in the

had already dictated the second compromise

Convention, and as a wealth-producing factor

a third compromise.

now

dictated

The

States of Virginia and

slaves.

Maryland

had already ceased to import

in the valley of the

But over the mountains

If

Cumberland, of the Kanawha, and the

South Caro-

Ohio, the settlers were clamoring for slaves.

lina

and Georgia were permitted to import

slaves, the

new

States of the

West would be organized

would

as slave States; the

institution of slave labor

s})eedily

reduce these

new

regions to desolation, and, with the added power of representation based on

all

free whites

and three

fifths of all slaves,

the political jDOwer of the South and of the South-west would

overbalance that of the North.

free institutions

The

princij)les of

American

would be corrupted and the best ends of govon moral

ernment defeated.

To any
on the

suggestion of

opposition to

slaveiy

grounds the Southern delegates and their Northei-n friends

floor replied that the question

was one of wealth and

politics,

not of religion and humanity.

or

Union with slavery

no Union at

all.

The question was a The crisis in the

13S

A COMPROMISE POSSIBLE.
of
tlie

making

Constitution liad corae.

South Carolina and

if

Georgia would not come into the Union

of slaves "was to be taxed;

the importation
in-

some

of the

Northern States
if

timated that they would not come into the Union

importation of slaves was not to be taxed.

the

third compro-

mise must be effected or no Constitution could be made.

To

a committee of five both sections were sent, the section on

taxation on importation of slaves, and the provision for a

navigation
first

act.

This committee at once discovered that the

distasteful to the South,
to

section

was

and that the second

section

was distasteful

the North.

compromise was

suggested by Gouverneur Morris.

the compromise w\as made.

On

the 25th of August

to the im-

The East consented

portation of slaves until the year ISOO, and the South agreed
to give Congress

power

to pass navigation laws.

Upon

re-

consideration the South

was changed to

demanded a longer time, and 1800 180S; and also, upon further debate, to please
l)e

the Southern members, no navigation laws could

passed

except by a two-thirds vote of Congress.

But on

later re-

consideration the clause on navigation laws

was modified,
was

and no limitation concerning them was laid on Congress.

The

third and last great compromise of the Constitution

thus made.

August was now almost

spent by the ConvcTition
in

]tast.

Its

remaining days were

i-cdiicing the draft of the

com-

mittee of five to the form of the Constitution as

and on the

last

day of

tlie

month

the

we know it, amended draft was

]K'rf(M't('(l

sent to a committee of clevt'n, wlio reported from time to

lime

till

till-

Klh of Scptembci', wlicn the

Ijy ballot

draft was

gi\J'ii

over

to a

committee

<n

arrangement and

FRANKLm AS PEA CE-MAKER.

style,

139

consisting of Johnson, Hamilton, Gouverneur Morris,

Madison, and King.

in their report.

week

later this

committee brought

The

report showed the graceful and elegant

as

hand of Morris, and the Constitution,

ordered to be engrossed.
ble,

he revised

it,

was

Hamilton had written the preamto the engrossed Constitution as a

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

because a bare majority of Con-

gress could pass a navigation act.

Elbridge Gerry named

nine defects in the Constitution which would hinder

him
its

and which did hinder him from signing.

The Convention
Franklin saw

seemed on the point of slipping away froni the work of

own hands and disowning

the

its

own

creation.
it.

danger, and he sought to avoid

He

prepared on

Sunday a

characteristic speech to read to the Convention,

but when the Convention assembled on the following day

Franklin was too feeble to read his speech, and his colleague,

James Wilson, read

it

for him.

Perhaps

this speech

gave

us the Constitution of the United States.

" I confess," said

the aged philosopher, "that there are several pails of this

Constitution which I do not at present approve, but I

am
by

not sure that I shall never approve them; for, having lived
long, I have experienced

many

instances of being obliged

better information, or fuller consideration, to change opinions,

even on important subjects, which

I once

thought right, but

found to be otherwise.
the raoi'c apt I
respect to the

It is therefore that the older I

grow
as

am to doubt my own judgment and to pay more

judgment of
others.

Most men, indeed,

IW

HE TELLS A

STORY.

well us most sects in religion, think tlieniseh es in possession

of

all

truth,

and that whenever others

Steele, a Protestant, in

differ

from them

it

is

so far error.

a dedication tells the

in their

Pope that the only

of

difference

between our churches

is
'

opinions of the certainty of their doctrines

the Church
is

Rome

is

infallible

and the Church of England

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

pute with her sister said:

sister,
tlie

'I

don't

know how
raison.'

it is

happens,

but I meet with nobody but myself that

always

in

right

il

n'y a que

moi qui a toujours

"In these sentiments

its faults, if

I agree to this Constitution with all

they are such; because I think a general govns,

ernment necessary for

and there

is

no form of governif

ment but what may

ministercMl;

be a blessing to the people

well ad-

and

I believe further that this is likely to

be

well administered for a course of years,

in desj)olism, as

and can only end

it,

other forms have done before

Avhen the

people shall become so coiTUpted as to need despotic gov-

ernment, being incapable of any other.

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

have the advantage of their joint wisdom you

in-

evitably assemble with those

passions, their errors of

men

all

their ])rt'Judices, their

local interests,

o2)inion, their

and

their selfish views.

From
?

such an assembly can a perfect

It therefore astonishes
it

production be expected
tliis

me

to find

syslcin approaching so near to jierfection as

it

does; and

think that

will

astonish our enemies,

who

are waiting

FliAXKLIiY'S SrKEClL

141

with confidence to hear that our councils are confouMiUil,

like those of the builders of Babel,

and that our States aie

on the point of scj)aration, only to meet hereafter for the

purpose of cutting one another's throats.

this Constitution because I expect

Thus

I consent to
I

no better, and because

am
of

not sure that

its

it is

not the best.

The

opinions I have had

I

errors I sacrifice to the public good.

have never

whispered a syllable of tlieni abroad.

they were born, and here they shall
in returning to
die.

Within these walls

If every

one of us

our constituents were to report the objections

it,

he has had to
of them,

and endeavor to gain

its

})artisans in

support

we might prevent
all
tlie

being generally received, and

thereby lose

salutary effects and great advantages

resulting naturally in our favor

as

among
real

foreign nations, as well

among Much of
o[)inion

ourselves,

from our

or apparent unanimity.

the strength and efficiency of any government in

procuring and securing happiiiess to the people depends on

on the general opinion of

I hope, therefore, that for

the goodness of the govits

ernment, as well as of the wisdom and integrity of

ernors.

gov-

our

own

sakes as a part

of the people, and for the sake of j^osterity,

heartily and unanimously in
(if

we

shall act

recommending

this Constitution

approved by Congress and confirmed by the conventions)

wherever our influence may extend, and turn our future

thoughts and endeavors to the means
ministered.
that every
jections to
his
of"

having

it

well ad-

On
it

the whole I cannot help expressing a wish

of the Convention

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

THE MEMBERS SIGN.

tells

Madison

us thai Gouverneur Morris, in order tu gain

the dissenting members, had

suLscrijitioii,

drawn up an amltiguous form

of

and, that
it

it

might have the better chance of

the hands of Dr. Franklin,
It

success,

had put

into

was
''

this
in

"convenient form" which Franklin

now moved:

Done

Convention by the unanimous consent of the States

l7th of September,
etc.

present, the

In witness whereof

we have hereunto

subscribed our names."

Before Franklin's resolution was put, Gorham asked that

the ratio of representation be clianged from one for every
forty thousand to one for every thirty thousand inhabitants.

Gorhani's motion provoked no debate.

Washington

i)ut
it

the

question and expressed his concurrence and hope that

might

be carried.
stitution

This was done, and the

last

change in the ConFranklin's speech

all

by the Convention was made.

and

carried the resolution for ratification,

the States pres-

ent signed, Washington, as President of the Convention and

delegate from Virginia, affixing his

States then

name

first.

The twelve
order, be-

came forward

in their geographical

ginning with

New

Hampshire, and thirty-eight delegates

signed their names.

The

signatures were attested

by William Jackson, the

to

secretary,

who

that

day handed over

of
tlie

Washington the

journal aiul the

Iiad carefully

pap(.'rs

Convention, but not before he

burned the precious broadsheets, the copies of

resolutions, the iu)tes, the (piestions, the letters,

and the briefs

the desks of

of remarks which he gathered

niciiihci's,

from the

floor,

and

Iiis

own

table.

for

hos(!

j'ccoi'ds V

Si.xiccii

Wliat would we not now give members refused to sign and

for

kept out of the room.

Hamilton alone signed

New York.

THE CONSTITUTION SENT TO CONGRESS.

143

As one by one
desk, Franklin,

delegates from

all

the States affixed their

filed

names and the Southern members

to the secretary's

beaming with

hiippiness and hope, caught

sight of a sun rudely cut on the back of Washington's chair,

lie
it

whispered to a delegate near him that painters had found

distinguish a rising from a setting sun.

difficult to

"I

have often and often in the course of the session," said he,
"

amid the

solicitude of

my

hopes and fears as

to its issue,
tell

looked at that behind the President Avithout being able to

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

The Convention continued

words were spoken
to

evening came; a few

it

in farewell,

and then

adjourned, never

meet again.

On

the following morning Major Jackson, the secretary,

set out for

New York

to lay before Congress the

new

Consti-

tution, the resolutions of the Convention,

letter.

and Washington's
his Avay the

But before he had been three hours on

Constitution Avas read to the legislature of Pennsylvania.

It

appeared in the Philadelphia morning papers, the Gazetteer,

in

the Pachet, and the Journal, and

printed.

broadsides

hastily

Two
it

days later

it

was

laid before Congress,

and on

the 21st

was published
notes

in the

New York

papers.

To Madison's

we

are indebted for a

knowledge of the

debates in the Convention.

The

secretary's almost colorless

journal gives the record of committees and of votes.

Yates's

and Lansing's notes contribute a

ceedings up to the time

slight information of proleft,

when they abruptly

early in

144 July.
into

WHENCE CAME THE CuXSnTUTION?

Luther Mailings 2'rue In/or iJiat ion gives us insight
opinions of the opponents of the Constitution.
in liis

tlie

An

entry hy Franklin

diary fixes the pLace of meeting of

Convention.

Outside of this meager material* we have

nothing that aids us essentially in gaining any knowledge of

how the Constitution was made. The Constitution was not framed
hers of
in
tlie

at a single stroke.

It

was

the result of long political experience in America.

The mera-

Convention had constantly

in

mind the provisions

the State constitutions and the civil institutions with

familiar.

which they were

The

division of the national

government into three deand judiciary

partments

executive,
in
all

legislative,

was

com-

mon
of

to

that

the

States.
is

But the separation of more complete than that

of the
title

these powers in the Constitution

any of the

States.

To

the people of Pennsylvania, Dela-

Avare,

South Carolina, and

New

Ham])shire the

title

executive, " President,"

was

familiar,

and

it

was the

of

the presiding officer in the Congress of the Confederation.

The people were

also

familiar with the term Congress as

legislature.

descriptive of a national

The

title

"Senate"
to

for the u]H)er house, representing the States,

was familiar

the people

of

Virginia,

Maryland, North Carolina,

ITampshire,
I'r

New
and

York,

Massachusetts,

New

Connecticut,
house, "the
in

]{ho(lc Island;

and

the title for the low

House

of liepicscntat i\cs," had hccn long used

the four

New
a})-

England

Slates,

'i'liat

tlie

IV'deral

judges should be

|M)inted ly the

I'lcsident,
;i

hy and with the consent of the

all

Senate, foUnwcil

jn-cccdcnt faniiliar to the peo])le of

i,

the

*Sou

prffueo lu IJaiRTufl's lliKlonj nf Uic Conatitutioii, vul.

I'llilicm

1882.

WHENCE CAME THE CoXST/TUTJoX?

States.

145
of the

The-two

yeur.s'

Utiu uf

office for hk'hiIkts

House of Ke}resentatives was a comj)roniise between the

various terms suggested

by

the State constitutions

the systo retire

tem by which one

ginia,

third of the national Senate

was

every two years prevailed in

New

York, Pennsylvania, Vir-

and Delaware.

New York

gave the precedent for a

census; the State of Massachusetts that for the President's

message and

his veto power.

Perhai)s

it

was from Virginia

tif

and Massachusetts that the two methods

in

representation

Congress wx're taken

State
in

representation in the Senate

and popular representation

the House.

The

])rovision

giving to the Hotise of Representatives the sole power to

originate
tical

money

bills

may be

found, in language almost iden-

with that of the national Constitution, in the constitutions

of Massachusetts

and

New
made

Hampshire.

The powers

of Con-

gress were powers suggested

by

State constitutions, or

by

the conditions which

a national Constitution necessary.

The powers given

to the President are analogous to

in the States.

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

York, and his

power

to

fill

vacancies the constitution of North Carolina.

The

office of

Vice-President found precedent in the deputy

governor or lieutenant-governor of some States, as Delaware, Pennsylvania,

especially

New

Hampshire, South Carolina, and

New

York, where the lieutenfint-governor pre-

sided in the State Senate, having no vote unless in case of a

10

146
lie.

NEW FEA TUBES

office

INTR 01) UCED.

for
tlie

North Carolina gave a precedent

succession of

the Vice-President to the

electing the President

of President.

The method

of

by

electors specially chosen for that

purpose had

its

original in Marj^land,

where the qualified

voters chose "

two persons

for their respective counties to

" 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

analysis and comparison the State constitutions in force in

1787 seem to contain precedents for nearly

of

tlie

admin-

istrative provisions of the national Constitution,

But there
of the Con-

were new and distinguishing features

vention.

in the

work

The

Constitution was national in character and was

to be ordained
States.

and established by the people of the United

the laws and treaties

The Constitution and

it

made

in

accordance with

was

to be the

supreme law of the land.

United States

citizenship, distinct
it

from State

citizenship,

was

created,

and

was

free

from

all

those religious and pro]3tlie

erty qualifications which limited citizenship in

States, a

liberal precedent, Avhich all State constitutions, save that of

Delaware, have since followed.

States over individuals was
])eii(lent

The authority of the United made direct and wholly inde-

of

tlie

States.

national Su})reme Court was es-

tal)lislu'd, tlie

powers of the States were limited, new States

could be formed, and the power to levy taxes
tra<le

and

territoi-ies

and to regulate
to jircn'ide for

was given

to Congress.

The authority

the

common
all

defense, to ]>romote ihe general

welfare, and to

make

laws necessary and proper for car-

rying into execufion

all

powers

Avas vested

by the Constitu-

tion in tlie Lcovei'miieiit of the

United States.

THE NATION'S

NEW

CAREER.

147

By
from

these liberal provisi(;iis the United States was freed

tlie

withering and destructive limitations to which the

Confederation had been subjected, and the nation entered at

once upon a career of prosperity unparalleled
IJut before this career
in

history,

was begun the Constitution submitted

to

Congress by the Convention had to go to the people of the

ratitication.

United States for

148

OPPOSITION IN CONGRESS.

CHAPTER
HOW THE

IV.

COXSTITUTIOX BECAME THE SUPREME LAND.

1787-1870.

LAW OF THE

The

Constitution was scarcely laid before Congress

it

opposition to

began

there.

Convention who were also

when Kor did those members of the members of Congress, and who
seem able to stem the
in
ris-

now hastened back

to their seats,

ing flood of opposition.

Every delegate

Congress from

New York

was opposed

to the Constitution,

and there ap-

})eared a sufticient

number from other

Plan doubtful.

States to.

make

the

adojition of the
^riiat

New

the Constitution was a

new

plan and was intended

to

to supplant the Confederation

was reason enough

many

members

of Congress for their opposition.

No government
To
this

on earth commits suicide with pleasure.

opposition the friends of the

form of
could

Xew

Plan replied that Congress

had consented

to tlu' calling of the Convention,

tlie

and

it

just as appropriately consent to

work

of the Convention.

But Richard Henry Lee, the leader of the opposition, saw no

n'lc'\aiicy in

such an ar^iiniciit, and on the L'Oth of

in a

8t'})tc'm-

bcr he Ijrought
bill

long

list

of jiroposcd

amendments and
to tht>

of i-ights to correct those defects which he ])ointed out

in

the

inst i-iuncnf

He

specially

oIijccti'(l

pi-ovision

for a \'ir(-l*rcsi<l('nt;

to the liinitcil inunbcr of incnd>ci's in

FEDERALISTS AND ANTI-FEDERALISTS.

the lower liuuse wliicli the Convention had fixed;
(Linger that a niere majority in Congress
to regulate
sliould
to

149

the

have power

commerce, and

to the absence of a provision for

a council of state to assist the President.

But

to consider
re-

these objections

was

to thresh old straw again.

Congress

fused to consider pro])osed changes in the

new

Constitution,

and on the 27th

it

was moved

to send the Constitution to the

it

executives of the States, by

whom

should be submitted to
its

the State legislatures.

fate in

To

submit the Constitution to

the State legislatures was merely to anticipate and

court defeat in thirteen congresses,

and the motion

Plan

was
the

amended by the

friends of the

New

who added

words, " in order to be

by them submitted

to a convention of

delegates to be chosen agreeably to the said resolution of the

Convention;" and the amended motion prevailed.

It

was

clear that there

were two parties

])arties in all

in

Congress and

that there would be

two

the States, a party for

the Constitution and a party against the Constitution.

The

names of these
Anti-Federalists.
parties

parties, the

first

political parties in

our na-

tional history, Avere soon

It

on every tongue. Federalists and

also equally clear that the
in Congress,

was

two

were evenly matched

and that whatever

was done there with the Constitution would be done by compromise.

On
ists

the 28th such a compromise was made; the Federal-

agreed that Congress should merely subinit the Constitu-

tion to the States, and give no sign of approval or of disap-

proval of

it;

the Anti-Federalists, relying on the defeat of

tlie

the Constitution in

States, agreed that the submission to

the States should be

by the unanimous vote

of Congress.

150

THE CONSTITUTION IN PENNRYLVANTA.

this colorless action the Constitution, the resolution of the

By

Convention, and the letter of Washington were simply sent

to the State executives

by Congress without comment, and

thus placed in othei- hands.

the fate of the nation

v.'as

The Pennsylvania

legislature

was the

first

to act.

Eleven

days after the Convention

which had framed the Constitution

adjourned the Pennsylvania Assembly called a Convention

of the people of that

Commonwealth

to take into consider-

ation the proposed Constitution for the people of the United

States.

In Pennsylvania the political feeling was divided.

its

Philadelphia, with

immediate environs, was Federal

in its

sympathies; the rural districts were generally Anti-Federal.

In the
cit}'"

the evils under Avhich America Avas suffering

affected the great merchants

and the general material welgovernment.

fare of the city, but in the country less interest Avas taken
in

the

movement

for a better national

The

Anti-Federalists quickly laid hold of every element of strength

for their cause.

They emphasized

the difference between

the CV)nstitution of the State and the proposed Constitution.

The

State legislature consisted of a single house, which chose

the president of the

Commonwealth.

To approve

of the

new

Constitution, which provided for

lature

two chambers
their

in its legis-

and the election of the President by specially chosen

presidential electors,
tution.
li.nl

was

to

condemn

own

State consti-

l>ut the

Federalists in the Pennsylvania legislature

llie

already taken

initiative.
its

'^Phe

House was about

to

adjourn sine
llrst 'I'liesday

die, an<l

successor would be elected on the

of the next

November.

The Aut i-Fed(!ralists

Convention, and
in that

ex)eeted

to

win

in

the intervening cani))aign and to elect

enough mendters

to prevent calling a

THE SERGEANT- AT. ARMS DEFIED.

151

way

to defeat the Constitution.

l]ut tliey

were out-maneu-

vered.

George Clymer, a meniLer of the House, a signer of

than a fortnight before, he had suh-

the Declaration of Independence, came directly from the

Convention, whei'c,
scribed his

less

name

to the Constitution.

He knew
it

the plan of
rising in hin
legisla-

the opposition, and he proceeded to defeat

place on the 28th of September and
ture call a Convention.

by

moving that the

The

Anti-Federalists were enraged.

Clymer, they
officially laid

said,

was out of order, for Congress had not yet

Moreover, such

the Constitution before them.

a motion required notice

and three several readings before

could be entertained.

by parliamentary

rules

it

To
it

this the

Federalists replied

by

calling for the question;

was put

and passed by a vote of forty-three to nineteen.

an indignation meeting, where
stay

The House

then adjourned for dinner, but the nineteen adjourned to hold

it

was voted that they would

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

called to order but

members answered

to their names.

This was not

to find the

a quorum, and the sergeant-at-arms

was instructed

absent members and to bring them to the bar of the House.

But the nineteen defied the sergeant-at-arms; he returned

alone,

and the Assembly stood adjourned

till

next morning.

The

aflair

was the talk of the town.

The

coffee-houses were

full of

excited men, and the nineteen were the olijects of pop-

ular hatred.
acted.

By

the time of assembling the Federalists had

obstructionists were forced

The lodgings of t wo of the

in

they were boldly seized; they were dragged to the State House
they were held fast
their seats; a

quorum was counted,

152
fiiul

THE CAMPAIGX ly rENNSYLVAmA.

an act was passed calling a State Convention for the

20th of November.

Then

the

maddened and cnrsing

ob-

structionists were released from their seats; but the plan of

the obstructionists

had

niiseral)ly failed.

The campaign
Avith

in Pennsylvania,

begun

in the legislature

such bitterness, was carried on over the State in the

spirit.

same

The

printers could scarcely supplj^the pamphlets,

the caricatures, the doggerel verse, the broadsides called for

by party virulence and

cinnatus,

activity.

Centinel, Plain Truth, Cin-

and Cato

edified

the public with their ceaseless

pens.

Let well enough alone, was the burden of one arguI'he Confederation
is

ment.

well enough.

It
all

has managed

(he -war

and freed the country.

of

Nearly
are

the evils com-

plained

by the

Federalists

due

to

extravagance

among
])lainly

the people.

And

this secret Convention,

was

it

not

an odious consi)iracy against the liberties of the counCertainly there had not be(!n

try ?

the members; some had gone

to sign, and those

much agreement among home angry; others had refused who had gone home or liad refused to sign

were just as capable of judging what was for the welfare of

tlu!

country as others
the document.

who wow

boasted of remaining and

siirninir

Franklin was an old dotard; AVash-

ington a Tool; ilaniilloii and Madison weri' boys; and this

James
I

W'ilson

was only a

shai'i*

Scotch lawyer, an aristocrat,

lie

rich

man"'s friend.

To

aid the ojiposil Ion in I*ennsyl\ania,

<i

Richard Henry Lee

\\\\A

wrote his Letters from

copies wei'e s(%attered

Jb\deral

Farmer

(housands of
Tlu;

ihi-oughout the Slale.

loii

Farmer
this

admitted (hat a
lii(,

reforiiial

was

iici'ded in

lie

Coiifederadon,
ei'i/.e<l

aris(,ocraey

and icnl

laji/al ion, wliieli

eliaracl

BELA WARE, PENNSYL VANIA, NE W JERSEY RA TIFY.

158

New

Plan, were not the refoi'm needed.

And Lee

proceeded

to lay

down

the doctrines

of State rights,

Wilson replied
and vin-

in a speech delivered in Philadelphia,

on the 24th of Novem-

ber,

which remains,

j)robably, tlie ablest exposition

dication

of the Constitution

made

in

single speech

by

any man of that day.

He reviewed
its fate in

the Constitution in a
the eastern part of the

masterly way, and decided

State.

But the Anti-Federalists from over the mountains

fine

were not to be Avon by

speeches merely.

Public opinion

elsewhere in America was rapidly forming, and Wilson's speech

crystallized public opinion in Pennsylvania.

The Pemisylratified the

vania Convention was stirred by the news that on the Gth

day of December Delaware had unanimously

Constitution.
this

There were illuminations

in Philadelpliia

over
six-

event

opposition to the Constitution gave way, and

ratified

days later Pennsylvania

twenty-three.
onstrations of

by a vote of

forty-six to

Then the city again gave itself up to demjoy. At Trenton, on the 18th of the month,

after a week's session, the

New Jersey

Convention adopted

the Constitution unanimously.

States

Within three weeks three

had

ratified,

and two of these were States which had

threatened to withdraw from the Federal Convention at one

time,
till

the

first

national legislature

compromise on representation in the was agreed to. But as the news traveled
it

westward through Pennsylvania

bursts of violence.
Carlisle,
ers,

provoked occasional outin

Federalists were

some

places, as in

handled somewhat roughly, and the prominent lead-

AVilson and Clymer, of this party were burned in effigy.

As the compromise on representation broke the force of much expected opposition in the small States of the North

134

THE COXSTITUTION LV MASSA CHUSETTS.

worked favorably for the Constiratified unani-

the compromise on slavery

tution in the South.

On January 2d, Georgia

mously, and on the 9th Connecticut, in Convention hut five

days, ratified
forty.

by a vote of one hundred and twenty-eight

to

To Massachusetts

tlie

hope of the opposition now turned,

and with great assurance.

That State had assembled

in

Convention at Boston, on the 9th of January.

^Massachusetts resembled affairs in Pennsylvania.

Affairs in

The

east-

ern part of the State, Boston and the neighl)oring towns,

were mainly Federal, but the central and western towns

decidedly Anti-Federal.

wei-e

There Shay's Rebellion had raged,

their sympathizers

and the

malcontents

and

were Antibelonged to

Fedei'alists.

Maine

"was then

a district and

Massachusetts, and

its

people, desirous of having their

if

own

State government, and fearing

that their desires

the Constitution
vain, opposed

was adopted
ratification.

would be

in

Massachusetts was the

home

of local independence and selfvital

government, and the town-meeting was the

its civil
life.

element in

Thgre was, therefore, a general feeling against

to a central authority.

delegating jjowers of government

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.

Elbridge Gerry liad refused lo give the ConAVhcii such

stitution his siguatui'c.

men

as

Samuel iVdanis

and

.Iiiliii

llaiicdck :ind KIbridge (Jerry doubted, other nu.'U

CHARACTER OF THE COyVENTIOX.

should not
I'lisli

155

liu.^Llly

to conclusions.

The

Anti-Federalists
in

were encouraged by the promise of the issue

setts,

Massachustill

and the delegates sent up from the inland towns

more encouraged them.

all

But fromtiie

sea-coast

towns nearly
'Ian.

the delegates were favorable to the

New
The

Adams
dif-

liimself

was aware that the two parties represented very

ferent interests in the

Commonwealth.

Federalists in-

cluded the delegates

who

desired a restoration of commerce,

a revival of business, and the regulation of trade

by the

national legislature.

On
was

the 9th of the

month

the delegates, three hundi'ed and

fifty-five in

number, constituting the largest Convention that

called in

any

State, entered

upon the work before them.

Governor Hancock, the
rich-

There
est

sat in the president's chair

man

in the State, clad in velvet

and

fine laces.

There

sat

King and Gorham and Strong, who had helped

to

make

the

New

Plan.

There

sat Parsons, soon to be

known

as a great

lawyer, and E'isher Ames, soon to be

known

as a great orator.

Four and twenty ministers of the Gospel, learned men,

senting various denominations in the State,
ers

repre-

many

}tlain

farm-

with practical

New

England wisdom, and some eighteen

the rebel

men from the western towns, who had marched under

Daniel Shay, completed the membei'ship.

So large a Conven-

tion represented the various thought of the people of the State,

Ever}'^

man

present was familiar with that parliamentaiy pro-

cedure which for a century and a half had been observed in

the town-meetings; and with characteristic thoroughness the

Convention took up the new Constitution clause by

of the experience of Elbridge Gerry,

clause.
itself

But before the debate began the Convention availed

who Lad

not been

156

rARTIES IX THE COXVENTIOX.

its

chosen one of

members.

It

was ordered that a coiumittee

liim to take a seat in tlie

of tlu'ee wait ujjon

him and request

Convention to answer any questions of fact from time to

time that the Convention might ask respecting the passing
of the Constitution.
vision of
tlie

The searching The

test to

which each pro-

Constitution was put

is

plainly

shown

in

tlie

recoi-d of the debates.

delegates spoke often and much.

Many

delegates feared that the 2)Owers of Congress were

too great for the safety of the peojile.

Unrestricted control

of a district ten miles square for the federal city

was an

in-

centive to tyranny.

There was great danger,

the

too, in

making

the

President commander-in-chief of

army and navy.

tlie

What
ship?

prevented the establishment of a military dictator-

Nor

did the Constitution recognize

it

existence of
its

God, nor had

religious or property tests for

in the

officers.
it

But not one clergyman

either of tliese grounds.

Convention objected to

on
of
or,

The Convention was composed

two

classes, the

country members and the city meml^ers;

by another

division, the lawyers, judges,

and the rich conand

stituting one class,

and

tlie

rough, sun-tanned, hard-handed

ricli
tlic

farmers constituting another. Because the

leai'ued
if

and

tlie

aristocratic

members favored the Const ilution,

tlie

for no other reason,

farmers opposed

it,

and

it

is

now

evident

tliat

the vote of Massachusetts on the Constituliun

class against class in llic Coniinonwealtli, (he
tlie

was the vote of

Constitution being
being.

subject in conli-oversy for the time

of

Aware of the preponderance

llic (^pieslion

numbers on

tlie

one side

and of great names on the olbef, the Federalists Ix'gan to fear

t,o

put

of

rat ilicat ion.

'I'lie

i'ariners

were Anti-

I*'edei:il,

and many wavering deh'gates weri; rea<ly to join the

PAUL REVERE WIXS JOHN ADAMS.

farmers in order to gain
fairs.
tlieir political

157

su2)port in State af-

Each party accused the other

its

of bribery.
last that

The Con-

vention was stirred to

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

was Samuel Adams.

He had came up

to the

Convention an

opponent of the Constitution.

This was generally known.

But

it

was

also

known

that he had not fully

made up

his

mind
but
it

to vote against ratification.

Each party courted him,

in capturing him,

was the Federalists who succeeded

and
of

in this Avay:

At

the Green

Dragon Tavern a caucus

in

of

friends of the Constitution

it

was held; resolutions

support

were passed, and a committee was appointed to present

these resolutions to

Adams.

The

})lan

had been worked out

by

the Federal bodies with the help of a great

number

of

mechanics of Boston, to whose general interests always been deeply devoted.

Adams had

At

the head of the committee

patriotic memories.

was Paul Revere, whose name

still stirs
it,

Adams
"

received the paper, read

"

and inquired:

How many
sir,

mechanics wore at the Green Dragon when

?

these resolutions passed

"More,
Revere.
"

than the Green Dragon could hold," answered

"

And where

were the

rest,

Mr. Revere
"

" In the street, sir," "

"

And how many were

?t[<)re, sir,

in the street ?

than there are stars in the sky."

The Federal plan worked.

ing faith in
tlie

Adams,

like Lincoln,

had abidand fav-

people.

He changed
in the

his opinions

ored ratification.

When,

debate on the two-years' term

158

MA SSA CHUSETTS RA TIFIES.

House of Representatives Adams asked

of membeisliip of the

Caleb Strong

why

the Convention

made

the term so long, as

the election to the lower house in Massachusetts

was annual,

Strong replied that the term was a compromise.

said,

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

was known that Adams favored

the

Constitution the Federalists felt safe.

it

On

the

(3th

of

February the vote was taken;

stood one hundred and

eighty-seven to one hundred and sixty-eight in favor of ratification.

Then Boston took up

eral joy prevailed;

the spirit of that vote: bonfires were

bells rung, toasts

made, streets illuminated,

drunk, and gen-

and the street on which stood the meetOJi

ing-house in which the Convention had assembled was

that

day renamed, and has ever

since been called Federal Street.

But before the vote

Avas taken

ten

amendments were

pro-

posed to the Constitution, and w4th these suggested amend-

ments the Constitution stood

thus the sixth State to ratify.

ratified.

Massachusetts Avas

Her

action

was not hastened

was no

by news from other States that had

news.

ratified, for there

The

mails for weeks, between Philadelphia and

interrupted.

New

York and Boston, had been

ists

The Anti-Federal-

accused their opponents of fraud and of sto])ping the

Bii(,

mails.

ihc condition of the roads, the inclemency of the

weather, the indifference of the post-boys, and the imperfect

]rovision
1

for carrying newspapers long distances

were the

rnc e\]iIanatioii.

Although two thirds of the

recpiisite

immber of

States liad

THE CONSTITUriUX IN

NEW UAMPSHIKE.
among
its friends.

159

ratified the Constitution, its fate in the

remaining States was

so uncertain as to continue anxiety

New

Hampshire was quite

the

like

Massachusetts

in its feelings towai'd

New Plan,
it

and, like Massachusetts before the Boston Conparties.

vention,

was claimed by both

Thus

far,

however,

the

lilast

had steadily supported the new Constitution; and

lOtli

when
shire

it

was known that on the

in

of February

New Hamp-

had assembled

Convention

at

Exeter there Avas a gen-

eral expectation of a speedy,

ratification.
its

and probably of a unanimous,

cities

But

New

Hampshire had no great

on
its rivers.

along

coast;

no great

cities

cultural, not commercial,

and the

The State was agridelegates who appeared at

districts in opposi-

Exeter voiced the feelings of the country

tion to the

New Plan of national

government.
in

The few Fedan immediate

till

eralists in the

Convention saw only defeat

to an

vote,

and they were glad to agree

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

or sufficient to influence a favorable vote in

New Hampshire New Hampshire.

among
into States that

The adjournment

of the Exeter Convention caused joy

the Anti-Federalists.

They hurried the news

had not yet acted, and specially into Maryland, which had called
its

'Convention on the 21st of April.

Maryland held

senti-

ments toward the Constitution the

sylvania.
of voters

oj^posite of those in

Penn-

In Pennsylvania the leaders had favored, the mass

had opposed, the Constitution;

it,

in

Maryland the
it.

majority of the electors favored

In vain did Luther Martin and

the leaders opposed

Samuel Chase declaim against

the

New

Roof.

Maryland, next to Virginia, had inaugu-

160

MAHYLAXD AXD SOUTH

CAJioL/XA IlATfFV.

rated the inoveiiieut whicli liad bruught abuut the

stitution,

new Contlie

and the

peo])le of the State sent u}) to the Baltitlian sixty

more Convention more

pronouneed friends of

new government.
devise delays, to

To obstruct, to make long move an adjournment all

s[)eeches, to
failed.

The

vote was cast on the 25th of the month, and the (juestion of
ratification

was carried by a vote of sixty-three to eleven.

ratified

To

the

Constitution thus

the

minority })roposed

twenty-eight amendments.

Great was the joy of the Federalists when the news came

from Maryland.

Only two more States were needed, and the

South Carolina

Constitution would be the law of the land.

convened on the 12th day of May, and South Carolina, next

to Virginia,

was

tlie

richest State of the South.

There were

those in the South Carolina CoHvention, as there were

many

more

in the State,

who took alarm

at the pros2:)ect of the

regulation of trade
States

had

ships, the

by a national government. The Eastern Southern States had goods; the excluStates.

sive control

over commerce Avould put the Southern at the

mercy of the Eastern

l)y

But these

fears Avere allayed

the sjieech of Charles Pinckney,

who persuaded
manner.

the Con-

vention that the general government would regulate the trade

of the whole country in an ecpiitable
'lay of the

On

the 23d

month

(he ballot
ol'

was

cast,

and the Constitution was

four amendments,

ratified

by a vole

one hundred ;ind forty to seventy-three.

With

llic vol(!

of ratitication

was sent

uj)

insisted
in
.I

on by the minority.

Weeks

passed before the vote

tlu'

South Carolina reached

New

England, and on

17th of

line, llic

duy of

:ill

New

l^higland days, the

1

Xew

Ilanipshiri^

'on\

ciii loll

had I'c-asscnibled, and

lie C(Hi\('iit

inn

of

New

VIRGINIA

AND XEW YORK IN CONVENTION.

Ou
the
2(1

161
inoiilli

.York

niut

;it

Puughkeepsie.

of

tliu

the Convention of Virginia liad assembled at Kiehniond.

After four days the Exeter Convention adopted tht Constitiitiun

by

a vote of fifty-seven to forty-six,

tlie

minority sendAvas thus the

ing up twelve amendments.

New

Hampshire

ninth State to ratify, and the Constitution Avas

provisions the

by

its

own

Supreme Law of the Land.

in

But
a

New

York and Virginia were now

AVhen

Convention, and

Union without these two great States would soon prove a

divided Union.

New

Ilampshii'e ratified, Virginia

had

been

in

Convention nearly three weeks, and the enemies of

Patrick Henry led them.

the Constitution there had been marshaling every argument

they could devise against

it.

He

had refused

to attend the Philadelphia Convention,

its

and he

now

refused to give his approval to

work.

Henry could
Madison

not argue, but he could

make winning

speeches.

and Randolph and John Marshall could not always make

winning speeches, but they could argue.
to the

Henry's objections
:

New
is

Plan were

summed up

in one sentence

The Con-

stitution

a consolidated government.

On

the dangers of

such a government he talked until the 14th of June had

come.

Ten days passed

in the debate
clause.

on a motion to take

up the Constitution clause by

bill

Henry proposed

a of

of rights and twenty amendments.

On

the 25tli

the

month the vote was taken on adoption; eighty-nine voted

and seventy-nine voted nay.
this Convention.

to ratify

But the victory

in

Virginia was due to the influence of one of her citizens

who

was not a member of

he had been the
11

Washington exerted

himself in behalf of the Constitution which, in Convention,

first

to sign;

and the influence of Washing-

J62 ton
ill

WA SIIiyGTO^i'S INFL UENGE.

Virginia was equal to at least ten votes in the Rich-

mond

Convention.
the 28th of June the news from

By
city,

New

Hampshire and

the news from Virginia met in Philadelphia and

New York

and the Federalists

in all the great

towns of the coast

prepared to celebrate the adoption of the Constitution with

appropriate ceremonies on the aj)proaching 4th
of July.

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?

cessions, the speeches, the toasts, the mechanical

and industrial
the streets;

displays on great floats dragged up and

down

of the huzzas, of the salutes and salvos, of the waving of

flags,

the display of bunting

by day and

the illuminations

at night, of the joy of the peoj^le that at last they liad safely

come under the

New

Roof, and that

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

Providence the rejoicings were interrupted

riots.

by Anti-Federalist mobs and

There were some bloody

convention some three
president.

New York
ip.an

had been assembled

in
its

weeks, and George Clinton was

Perhaps no

who claimed

to

be an American was more bitterly opthan Clinton, and

pcrlia])S
lu)

posed to the Conslilutiuii

American had

greater influence in the State of

New

York.

To an understanding
been specially
the Neio

of the Constitution the people of

New

York, since the 30th of October of the previous year, had

fav(rcd, for

on that day began to

a])p('ar, in

York

Pai-kd, a series of papers signed Publius, in

THE FEDERALIST.
exposition of the Constitution.
pers, the articles

163

Copied into other newsparead.

It

by Publius were widely

was soon

discovered that Publius was the

name

chosen, not by one,

but by three

men who
articles,

favored the

New Plan Hamilton, who

These
articles are

suggested the

Madison, and Jay.

known

to us as lite Federalist, the ablest exposition of the

national Constitution ever made.

j)apcrs in

To

the readers of the newsletters

which they appeared they were merely the

of

some

political partisans.

On

the 4th of April, 1788, they

had ceased.

Jay

liad

ceased to write.

Hamilton was busy

with a large legal practice.

Constitution in Virginia.

Madison was defending the

But when the Convention of New

Madison,
in

York assembled
series

at

Poughkeepsie Hamilton resumed the

last ten papers.

and wrote the

fourteen
its

papers, Avrofe on the plan of the

new government; on
its

conformity to republican principles;

slavery and the slave trade;
its

powers;
office

its

relation to

mediating

between the

Union and the

Hamilton,
in

States; its separation into three departments

and the mode of constructing the House of Representatives.

sixty-three

numbers, discussed the defects

of the Confederation; the energy of the proposed national

government;

its

relation to public defense, to the executive,

to the judiciary, to the treasury,

and to commerce.

Three
Jay,

papers were written jointly by Hamilton and Madison.

in five papers,

discussed the general plan of the

influence of this series in 1787-88

new Conmust not

later.
in-

stitution.

The

be judged by the fame of The Federalist a century

Many
ferior

then tliought that these Federal letters were far

to

the

Objectio7is

to

the

Federal

Constitution,

by
of

George Mason, or The Eixamination of

the Constitution

164
the

CLINTON KEEPS BACK THE VOTE.

United States of America, by
in the opinion of

"An American
Constitution,
to
I

Citizen."*

Nor
the

some were
the

tliey

more persuasive than

Ohservations on
f

New

hy a

" Co-

lumbian Patriot,"
State

nor the Address

"

the People

of

the

of New York, by
tried

Plebeian."
of

Time has
Federalist
is

the

writings

the fathers,

and

The
of

their one classic

book on the Constitution

the United States.

But the people

lius

of the State of

New York

to

whom PubClinton

wrote were

little

influenced by TJie Federalist.

opposed the Constitution, and Clinton's friends opposed the

Constitution, and the Poughkee])sie Convention

was mostly
might

composed of Clinton's

friends.

A vote

on

ratification

have been taken any day of the session up to the 24th of

June, and the vote would have been almost unanimously
against ratification.

Not

to vote,

but to delay, was the Anti-

Federal plan.

New

Hampshire had not yet been heard from,

it

and

it

was pretty sure that Avhen the news came

would be

news of the rejection of the Constitution.

ton therefore kept back the

Virginia had not

yet voted, but Virginia was counted on as Anti-Federal. ClinA'ote, ]io[)ing

that nine States

could not be found could not

sliire
llicii l)c

t(^

ratify,

and the blame of a rejection

put upon

sliMulil

iMlify, then

New York. But if New HampNew York must follow or remain

meant
to

out of
Avliich

llic riiiuii.

To

I'alify

bury every objection

in the

Yates and Lansing and Clinton could find

New

I'lan

and to adopt a government who.se plan was hateful; to

licavv taxes, and constant danger
(ierry.
;}:

refuse to ratify meant Slate indcpi'iidence, an expensive govermiiciil.il

*'l'eiieli

cstMblisliniciit,
-J-

(.'().\t'.

I'ilbrictgt!

Molaiiclhou Smith.

HAMILTON CARRIES
from neighboring powers
south,

NEW

YORK.

16b
aiul

tlie

United States on the east

and England on the north.

it

But the C-onvention was

Constitution was

proud;

was confident

tliat

the State coukl sup})ort an estab-

lishment, and equally confident that the

essentially bad.

The
and

Federalists in the State lived chiefly in

New York
fore the

city,

thei-e

they tried to awaken some enthu-

siasm for the Constitution by a parade, by speeches, and be-

day was over by attacking the

office of

an Anti-

Federalist paper, the

New York
fi'iends,

Journal.

This display of

party vigor

won no new

and

it

was generally

felt

that the Convention

tion with others sat

would refuse

to ratify.

In the Conven-

John Jay and Alexander Hamilton, and

Hamilton spoke ten times.

Constitution before a

He attempted
to
it

to defend the
to

body opposed,
it.

and

win those

opponents into voting for

Chief

among

the speakers in

Clinton's party was Melancthon Smith.

He

attempted to

nnswer Hamilton, but he ended by deserting his party and

joining the Federalist minority.

Never before or

since in

American history was such a

ton

political victory

won

as
is

Hamilsaid to

won

in the

Poughkeepsie Convention.

He

have remarked, subsequently, that he could see the delegates

change their opinions.

The Anti-Federalist majority was

differences.

transformed into a minority, and the only question pending

was how to compromise on party

that ratification, these

Thirty-two
insisted

amendments were proposed, and the Anti-Federalists

if it

came

at

all,

must be on condition that

in

amendments be embodied
ratification

the

new

Constitution.

But conditional

was without precedent, and before

and

replying to the inquiry of the minority, Hamilton met Madison in conference at

New York

[)nt

the question,

Can


1.66

THE GONSTITUTIOK IN XORTII CAROLmA.

State ratify conditionally and afterward withdraw from the

Union

if

the conditions are not satisfied

Madison's reply

was an emphatic negative.

Conditional membership in the

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

stood thirty for ratification, twent}'-

seven against, and thirty-two amendments were proposed.

Although victors by
Avere the victors,

so

small a majority the

Federalists

and

their victorious leader

was Hamilton.

He was

just entering his thirty-second year.

To

his argu-

ments and eloquence the victory was due.

the Constitution assembled in force in
built a
fair ship of state,

The friends of Xew York city; they

which they placed on wheels and

drew up and down the

streets

amid loud huzzas, and the

name

of the ship

was

Ilattillton.

On
North

the

day when the vote had been

five

in

New York
in

was reached.
Hills-

C-arolina

days

Convention at

borough.

Opposition was strong.

While

in consideration

of the Constituticjn, clause

ratification

by

clause,

came

in the

news of

by

Virginia,

by

New

Hampshire, and by

New

York, and also the

ing the States to

letter

from Governor Clinton advisshould North Carolina refuse?

of

call

another Constitutional Convention.

Eleven States had

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

August the Convention adjourned without voting on the

question of ratification.
the following year
tliat

was not

until

November
and not

21 of
until

North Carolina

ratified,

May 2(tli,17!t(), that

Ithode Island ado])tcd the Constitution.

THE CONSTITUTION BECOMES THE LA

It

W OF THE LAND.

167

had been resolved, on the

last

day of the

session of the

Philadelphia Convention, that as soon as Congress should receive

official

information that nine States had ratified the Con-

stitution the

new government

sliould speedily

go

into effect;

electors should be appointed

by the States

for the purpose of

choosing a President and a Vice-President; senators and representatives should also be chosen in the several States; the

Senate should convene and ap])oint a president of the Senate

for the sole purpose of receiving, o{)ening,

and counting the

chosen

votes

for President,

and that

after he should be

the Congress, together with the President, should, without

delay, proceed to execute the Constitution.

This

last

recom-

mendation of the Convention accompanied the text of the

new
it

Constitution to Congress, and the civil

programme which
official

outlined, was carried out.

Eleven States having

ratified.
fix

Congress received
the date

information and pi'oceeded to

tution should

when

the Consti-

become the Law of the Land.

Sliould

Many

da3^s

were spent

in

debating what place should be chosen for the

it

national capital.

be

New
these

York, or Philadelphia,

or Trenton, or Lancaster, or Baltimore

curious reasons for each of

chosen.
It

many York towns New was

?

And

after

was decided that

first

presidential electors should be

chosen on the
electors

Wednesday

of January, 1789; that the

first

should meet

and vote for President on the

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

WASHINGTON AND ADAMS ELECTED.

There was no

intended by the framers of the Constitution.

organized cam^iaign, no struggle between well-defined parties.

It

was generally expected that the presidential vote would

in-

be cast for the foremost American, but speculation and

trigue entered into the choice of Vice-President.
a

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

were sixty-nine \otes for George Washington for President.

For Vice-President John Adams, of Massachusetts, received

thirty-four votes, the remainder being scattered
eral competitors.

among

sev-

The speaker

therefore

declared George

Washington elected President, and John Adams, Vice-President of the United States.

messenger was dispatched to

Mount Vernon, another

ton and

to Braintree, to acquaint

Washing-

Adams
tlie

of their election.

After

lapse of a century

and more, the events conwere to the actors

initiative

nected with the Constitution of the United States probably

are

more

clearly understood than they

in those events.

themselves

few men took the

toward an amendment of the Articles of Confederation.

few men advocated reform from

latures, as did

their places in State legis-

Madison, or from the quiet of their homes, as

did Washington.
to

few men were chosen by Conventions

make

tlie

Constitution.

They assembled

in Philadelphia;

they met
oath of

in

a CoTivention with closed doors; they took an

;

secrecy

they compromised their differences and

THE MEN WHO DID

IT.

1G9

made

tlie

Constitution; not a
off,

new

plan, a piece of

work sudConstiin get-

denly struck
in politics

but an expression of American experience

representative government.

and

in

The

tution

went to Congress, where a few men succeeded

sent, with decency, to
tlie

ting

it

executives of the States.

few men welcomed the

Constitutioii,

were elected members

of State Conventions, and in every State, save two, labored

for
it

against every form of opposition.

Samuel Adams and

in

Fisher

Ames

in

Massachusetts,

John Langdon

New
in

Hampshire, Roger Sherman

in

in Connecticut,

David Brearley

New

Jersey,

Benjamin Franklin and James Wilson

in

Pennsylvania, Alexander Hamilton

New York, Washington,

Pinckney
in

Madison, and John Marshall

in

in Virginia, Charles

South Carolina,

Abram Baldwin

Georgia, and a few

other

men

of

similar character

and sentiments carried the

Constitution through the State Convention.

The people did not vote

cation.
it.

directly on the question of ratifi-

A
in

popular vote would, undoubtedly, have defeated

the

The Constitution was

work of men whose thoughts

Its
all

were far

advance of that of the mass of Americans.

caused the modification of
the
first

liberal spirit has

con-

stitutions of the States,

stitutions of

and has become the model for con-

new

States admitted into the Union.

We would
in

err in imputing to our ancestors that understanding of the

national Constitution which

is

now

familiar

knowledge
to us

America.

To them
?

the Constitution

was a theory;
do

it is

rather an administration.

To them
is,

the problem was,

it

can

it

do

To

us the problem

What will

What We may

safely affirm that few persons

in private life

in

1789 ever

learned to understand the Constitution.

Many of

the eminent

170

EXIT THE GONFEDERATIOl^.

Irained
it

men who
visions as

made such an
said to be

interpretation of

its

pro-

by the

clear liglit of subsequent events in our na-

tional history

must be

wrong.

The

national gov-

ernment had been administered al)ove seventy years before

its essential

character as the Supreme

Law

of the

plainly admitted

by the people

of the United States.

Land was But the

interpretation of the Constitution,

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

January, 1789, there never assembled a

quorum

of the old Congress.

On

the evening of

March

3 a

parting salute of thirteen guns was fired in honor of the old

Confederation, and on the morning of the 4th the era of the more perfect Union was announced by the firing of eleven

guns

in

honor of the eleven ratifying States.

These salvos

seemed to mark a meaningless ceremony.

There was no one

of the old Congress to go away, and only eight senators and

thirteen

representatives of

the

new Congress had come.

These members
elect.

at once dispatched letters to their colleagues1st a

Soon after April

Ajtril,

quorum assembled.
his election,

On

'I'liurs-

day, the 9th of

John Adams received the

for

official letter

from Congress notifying him of

lowiiig
fi'oiii

and on the

fol-

Monday he
to

set out
lie

New

York.

As he

passed

town

town

was received with honorable attention,

and, journeying on
tal

in

a splendid carriage, he reached the capiofii(!e

on the w'Oth and took the oath of

tlu!

before the Senate

as special

on

following day.

To Mount Vernon had gone

WASHINGTON'S JOURNEY TO
messenger Charles Thompson,
tlie

NEW

YORK.

171

trusted secretary of the

its

(Continental Congress throughout

of April

history.

On

the 14th

Washington received the

official letter

of his election.

Two

days later he set out for

New

York.

His journey was

a peaceful, triumphal procession.

At
cities

Alexandria, at Wil-

mington, at Philadelphia, at Trenton, at Princeton, at Eliza-

bethtown, at a score of smaller

and towns, he was

His
the 28d he reached

received M'ith every proof of veneration and affection.

journey was a continuous ovation.

On

New York

and stopped
fitted

at the Franklin

House, which had

Preparations were

been specially

up

as his residence.

now making for his inauguration. made by a congressional committee.

be received
April.
tives'
office

The programme was The President was to

to the Representa-

in

the Senate chamber on Thursday, the 30th of

Both houses should then adjourn

chamber, Avhere Washington should take the oath of

administered by the Chancellor of the State of

New

York, R. R. Livingstone.

The

President, the Vice-President,

and both houses of Congress should then hear divine worshij) in St.

Paul's Church.

This simple programme was

so

folcit}".

lowed.

Never before had

many

people been in the

Never before had good

l)een so universal there.

will,

good cheer, and good feeling

o'clock of his inauguration
military, proceeded

At one

day Washington, escorted by the

his place of residence to the

from
en-

Federal State-House.

He

tered the room of the Representatives and was conducted

by John Adams. The Vice-President then informed him that " the Senate and the House of Representato the chair
tives Avere

ready to attend him to take

it

tlie

oath required by

the Constitution, and that

would be administered by the

172

TEE IXAUGURATrOK.

Cliaucellor of the State of

New York."
Broad
Street.

Wasliington replied

that he

was ready.

He

arose and was conducted to an open

gallery which overlooked

At

his

appearance
forward,

the people hushed to a respectful silence.

He came

Chancellor Livingstone read the oath, Washington repeatL-d

it,

and, stooping, kissed the Bible which the secretary of the

lips.

Senate had raised to his

At

this instant a flag

was run

up

as a signal,

and immediately from the Battery there was

a discharge of artillery.

Livingstone cried, "

dent of the

The bells rang out their peals, and Long live George Washington, PresiUnited States " which was taken i;p by the
!

people and wliieh echoed and re-echoed throughout the city.

Within a few days Washington sent the

Jefferson Avas called to

list

of his cabinet

advisers to the Senate, and they were immediately confirmed.

tlie

deiiartraent of state,

Hamilton to
;

the treasury,

Knox

to the

department of war

Randolph

was made attorney-general.

Congress passed the judiciary

act on the 24th of September following, creating one

Supreme
chief-

Court and two orders of inferior courts, called Circuit Courts

and District Courts,* Washington

justice,

apj)<)in1i'd

Julm Jay

and with him five associate judges. Thus before the year
its

closed the Constitution in all of

ess

de])art3nents

was

in proc-

of administration.

On

the 4th of March, 1789,

we

date

the time wlien the Constitution of the TJiiited States

the Supremi' T^aw of the Land.
It Avas natural that

became

Washing-

ton should gather about

him

in the administi'ation of the

new

government the men who had served with him

dui'ing the

war and who had

sat willi

him

in the

Conventiou of 1787.

From

that,
*'l'lie

(<)mpany of excellent companions he

were created hy act of Murcli
3,

made
1891.

his

AiipcllaU: ('nulls

tup:

ten amendments.
it

1-73

appointments, and thus

came that those who

liad

been

first

to hi'ing about tlie Constitution of the

first

United States were the

cliosen to administer

it.

]5ut the difficulties, tlie contests,

tlie

intrigues, the endless debates,

and the bitter opposition

it

through which the Constitution passed before

be<;ame the

Law

of

tlie

Land was only an introduction

it

to the

more severe

tests to

which

has been put in practical administration

since that time.

in the

About

it

have contended powerful parties

field of battle.

forum and mighty armies on the

remained unchanged to our day.

Nor

has

it

The numerous amendments suggested

l)y

the various rati-

fying conventions in 1787 and 1788 indicate

how narrowly
wha^
its

the Constitution escaped defeat at that time, and also to

degree dissatisfaction Avith

its

form and with

various

clauses took definite expression.

The common

objection to

the Constitution at that time was the omission of a Bill of

Rights

a defect which was carefully pointed out

It

in

each Con-

vention,

was to remedy

this

supposed defect that so many

thirty in

amendments were proposed, about one hundred and

all,

at the time of its ratification.

As soon

as Congress as-

sembled under the Constitution the subject of amendments

was taken
ten

up,

and before the year 1789 had passed the

first

amendments were proposed by Congress and

itself,

ratified

by

the States,

These ten amendments, made so soon after the

have always been considered
with the work of the Convention.
in force

creation of the instrument

as of a piece

The

eleventh
in

amendment, declared

January

8,

1798, was made

conformity with a demand of the State of Georgia and other

sympathizing States in order to permit a State to escape being

brought as a defendant before the bar of a federal court.

By

174
this

XATUKE OF THE AMENDMENTS.

amendment
it

has come ahout that sutne of

tlie

States,

not being comi)elle<l to jiay their debts, have rejdidiated them.

Tlie twelfth

amendment was added September

L'otli,

1804, after

the

first

exj^erience of the country witli a disputed presiden-

tial election.

election of

The presidential electors at the time of the first Thomas Jefferson Avcre equally divided between
election

him and Aaron Burr, and the

Representatives.
stitution, as
it

went

to the

House of
Con-

It

was thought that the defect

in the

formerly provided for the election of President,

would be emedied by this amendment; but subsequent experience has twice ])roved that the amendment failed as a remedy.

No

])roblem which arose in the administration of the na-

tional Constitution

was more
industrial

difficult

than the problem of problem, and at

slavery.
last it

It

was an

and a

political

divided the sentiment of the country.

By the thirteenth

amendment, which became a part of the Constitution December 18th, 1865, slavery was abolished in the United States.
Three years
later,

on the 28th of July, the Constitution was

all

again amended so as to confer citizenship on

persons born

or naturalized in the United States, and to extend the protection of

civil
tlie

Constitution and the laws over them

in all their

rights.

In order to prevent discrimination against any

(jf

cilizens

on account

race, color, or previous condition of

servitude, the fifteenth

amendment was added

to the Consti-

tution

March

.30tli,

ISVO.

This last Constitutional amendment

its

forbiils
ill

any State to discriminate against any of

the right (o vote.

citizens

ciiiil'd-i-ing

Dui'ing

till'

ccntniy more than seven hundi'cd and

at \;u-iiiiis
t

fifty

Mmcinlmciits have
siitiitioii

iiiics lccii
J

proposed to the C-on-

of

till'

I'nitt'd Slates.

'ei-haps

no subject on which

PRINCIPLES AND PEA GTICE.

there
is

75

a difference of opinion in the administration of govin these

ernment has been omitted

these seven liundred and

proposed amendments.

Of

tifty, iifteen

have been adopted.

Wiih each successive year of administration the adoption of amendments is increasingly difficult, but without doubt in tlie
future, as
it

has been in the past, the Constitution will from

itself closely to
life.

time to time be modified so as to adapt

chang-

ing or changed conditions of American national

as
it is

So long

adapted to the wants of the nation

'J'he i)rinciples

it

will

remain the

Supreme Law of the Land.

stitution are

on which the Conin

founded are accepted with harmony, but

the

administration of those principles individuals and political

parties differ.
stitution cannot
tell

The

story of the administration of the Conin this

be told

book; I have sought simply to

the story of the origin, the formation, and the adoption

of the Constitution.

However widely we may

differ as to the

administration of our Sui)reme Law, I

am

quite sure that

is

we

agree that the destiny of the Constitution

bound up with
in Virginia to

the destiny of the people of the United States.

From

the time of the

first

colonial

Assembly

the time of

tlie ratification

of the national Constitution, a

period of one hundred and seventy years, the American people

were working out the problem of the disposition of the taxing

power, and at
last tliey

placed

it

in their national
it

governgov-

ment, as they had for generati(ms placed

in their local

ernments, in the lower house of the legislature, the House of

Representatives.
tives
is

Without doubt the House

of Representa-

the nucleus of the government of the United States,

the center of our national system.

The

dispute about taxes,

through which this country was passing for nearly two cent-

176
uries,

THE CONSTITUTION THE WORK OF CENTURIES.

was a dispute
as to

who should
shall taxes

levy them.

Fur

all

future time there seems to remain a second, and perhaps no

less critical, question,

How

be levied?

how

shall

tinanee be administered?
politics
it is

In the close study of American

if

this question

which,

understood, makes clear the

It

condition of civil affairs at any time.

that a hundred anid seventy years
is

may seem

to

some

a long time for learning

that the lower house of a legislature should levy taxes, but

it

should not be forgotten that mankind

I

is

a slow scholar,

think that, were

told,

all

the details of

our constitutional

history

the

strange

and often contradictory story

to be very grave, very sys-

Avould be considered rather as a romance than as a history,

for history
is

commonly supposed

tematic, very philosophical, and very true.

Napoleon once
If

spoke of history as a fable agreed upon.

you who have

been so forbearing as to read

have read between the

is

lines

this Sto?-i/ of the Constitution you have detected that history

is

never agreed upon; that history

it,

like the

men and women

from being
discovered what

who make

quite uncertain, and fre(piently far

just as people

imagine

it

may be.

You have

even so great a

man

as a recent

prime minister of England

failed to discover

United States as

when he spoke of the Constitution of the being made at a single stroke. Our Constia-makingand
is

tution has been centuries

not yet made.

We

have a written Constitution and an unwritten Constitution,

and we use tliem both, and both have grown with our national

growth and both riay deejay with our national decay.

as

But

Americans we lay claim

to

some discoveries

in constitu-

tional affairs.

We

have worked out a representative govaiui

ernment after an apprenticeship of nearly two centuries,

THE SECOND PART OF THE STORY.

ill

177

our daily adniini.stratiuu of that form of govcriinicut wo

are

now serving an apprenticeship in administration. Whether

our apprenticeship in administration shall be as long as was our apprenticeship in working out the principles of representative

government no man can

tell,

but, as the administration

of

government proves
is little

to be an exceedingly difficult problem,

there

doubt that our second period of apprenticeship

longer than our
first
first
first.

will be

much
in

The story

of

government

from the time when the

sembled
1789,

Virginia House of Burgesses asnational Congress assembled in

1G19

till

the

when

told ages hence, will doubtless be less strange and

perhai)s less interesting than that second part of the story of

government upon which we have entered.

12

178

TEE CONSTITUTION.

THE CONSTITUTION OF THE UNITED STATES.*

We
the People of the

United

States, in order to

form a

more perfect Union, establish Justice, insure domestic Tranquillity, ])rovide for the

common

defence, promote the gen-

eral Welfare,

and secure the IMessings of Liberty to ourselves

this Constitution

and our Posterity, do ordain and establish

for the United States of America.

ARTICLE
Section

I.

1.

All legislative Powers herein granted shall be vested in a

Congress of the United States, which shall consist of a Senate

and House of Representatives.

Section

2.

The House
States,

of Representativas shall be composed of

Mem-

bers chosen every second year

by the People

of the several
qualifi-

and the Electors

in

each State shall have the

cations requisite for Electors of the most

numerous Branch of
shall not

the State Legislatui-e.

Xo

Pi'rson shall be a Representative

who

have

at-

tained to the age; of twenty-Hve Years, and been seven years a

Citizen of (he TTuited States, and wlio
l)e

sliall

not, wlien ek'cted,

shall

an Tiihabilant of that Stale

oi'ii^iiiiil

in wliicli

he

be chosen.

*'riiist(^\t follows tlie

at

W:i.sliiiii;toii, c'XC(.'(H

for Uio luiiciidiiicuts,

wliidi aro printed in iiiodeni fortu.

THE CONSTITUTION.
Repj-eseiitatives

179

and direct Taxes

shall

be apportioned
thiis

among

the several States Avhich

may be

included within

Union, according to their respective Numbers, which shall be

determined by adding to the whole

including those bound to service for a

Number of free IVrsons, Term of Years, and exall

cluding Indians not taxed, three-fifths of

other Persons,
three Years
States,
in such

The

actual Enumeration shall be

first

made within

after the

Meeting of the Congress of the United

and within every subsequent Term of ten Years,

Manner

as they shall

by Law

direct.

The Number

of

Rep-

resentatives shall not exceed one for every thirty thousand,

but each State shall have at

until such

least

one Representative; and

enumeration shall be made, the State of

shall

New

Hampshire
eight,

be entitled to choose three, Massachusetts

Rhode

Island and Providence Plantations one, Con-

necticut five.
eight,

New York

six,

New
six,

Jersey four, Pennsylvania

Virginia ten. North Caro-

Delaware one, Maryland

South Carolina

lina five.

five, an<l

Georgia three.

When

vacancies ha})])en in the Rej^resentation from any

State, the Executive Authority thereof shall issue

Writs of

Election to

fill

such Vacancies.
of Representatives shall choose their Speaker

The House
and other
peacliment.

Officers;

and

shall

have the sole Power of Im-

Section

3.

The Senate
for six Years;

of the United States shall be

composed of two

Senators from each State, chosen

by

the Legislature thereof,

and each Senator

shall

shall

have one Vote.

in

Immediately after they

of the
first

be assembled

Consequence

Election, they shall be divided as equally as

may

180

THE CONSTITUTION.

be into three Classes.

The

Seats of the Senators of the

first

Class shall be vacated at the Expiration of the second Yeai-,

of the second Class at the Expiration of the fourth Year, and

of the third class at the Ex^^iration of the sixth Year; so that

one-third

may be

chosen every second Year, and

if

Vacancies

happen by Resignation or otherwise, during the Recess of the

Legislature of any State, the Executive thereof

may make

temporary Appointments
lature,

until the next

Meeting of the Legishave attained

which

shall then shall be a

fill

such Vacancies.

No
to the

Person

Senator

who

shall not

Age

of thirty Years, and been nine Years a Citizen of

the United States,

and who

shall not,

when

elected, be an In-

habitant of that State for which he shall be chosen.

The Vice-President of
divided.

the United States shall be President

of the Senate, but shall have no Vote, unless they be equally

The Senate
or

shall

chuse their other Officers, and also a

President pro tempore in the Absence of the Vice-President,

when he The Senate

shall exercise the

Office of President of the

United

States.
shall

have the

sole

Power

to try

all

Imjieach-

ments.

When

sitting for that Purj)ose, tliey shall be on

Oath
is

or Affirmation.
tri('(I,

When

the Pi'esident of the United States

the Chief-Justice shall preside:

And

no Peison shall

be convicted Avithout the Concurrence of two-thiids of the

Meml>ers present.

Judgment
enjoy any

in

Cases of Iiiipi'achnient shall not extend further

fi-oni Ollicc,

ihan to removal
Ollic*'

and

dis(jnalitieation to hold

and

of

hoiioi-,

Trust, or I'rofit under the United

States: Ijut the Party convicted shall, nevertheless, be liable

THE CONSTTTUTTON.
and subject to Indictment,
according to Law.
Trial,

ISl

Judgment and Punishment,

4.

Section

The Times, Places and Manner

State

of holding Elections for

in

Senators and Representatives, shall be prescribed

each
at

by the Legislature

thereof; but the Congress

may

any time by

Law make
shall

or alter such Regulations, ex(^ept as

to the Places of choosing Senators.

The Congress
unless they shall

assemble at least once

in

every Year,

and such Meeting

shall

be on the

first

Monday

in

December,

by Law appoint
Section

a different Day.

5.

Each House

shall

be the Judge of the Elections, Returns

its

and Qualifications of
shall constitute a

own Members, and a Majority of each Quorum to do Business; but a smaller Num-

ber

may

adjourn from day to day, and

may

be authorized to
in

compel the Attendance of absent Members,

such Manner,

and under such Penalties

as each

House may provide.

its

Each House inay determine

punish
its

the Rules of

Proceedings,

Members
shall

for disorderly Behavior, and. Math the

Concurrence of two-thirds, expel a Member.

Each House
from time

keep a Journal of

its

Proceedings, and

to time publish the same, excepting such Parts as

may
Nays

in their

of

Judgment the Members of

require Secrecy; and the Yeas and

either

House on any question

shall,

at the Desire of one-fifth of those Present,

be entered on the

Journal.

Neither House, during the Session of Congress,

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.

The Senators and Representatives

shall receive a

Compen-

sation for their Services, to be ascertained

by Law, and paid

out of the Treasury of the United States.

They

shall in all

Cases, except Treason, Felony and Breach of the Peace, be

privileged from Arrest during their Attendance at the Session

of their respective Houses, and in going to and returning

from the same

and for any Speech or Debate

in either

House,

they shall not be questioned in any other Place.

No

Senator or Representative

shall,

during the Time for

which he was
created, or the

elected, be appointed to
States,

any

civil Office

under

the Authorit}" of the United

which

shall

have been

Emoluments whereof
shall

shall

have been increased

during such time; and no Person holdingany Office under the

United States,
Continuance

be a

Member

of either

House during

his

in Office.

Section

7.

All Bills for raising Revenue shall originate in the House

of Rej^resentatives; but the Senate
Avith

may

propose or concur

Amendments as on other
Bill

Uills.

Every

which

shall

have passed the House of Repreit

sentatives and the Senate, shall, before

become a Law, be
with his Ob-

presented to the Prcsich'nt of the United States; If he a])])rove

he

sli:ill

sin'ii

il,

but

if

not he shall return

in wliicli
it

it,

je(ttions, to that

House

shall liave originated,

who

shall enter the Obj<'('tioiis at large

on their Journal, and pro-

ceed to reconsider

it.

If after

such Reconsideration two-

THE CONSTITUTION.
thirds of that

183
Bill, it shall l>e

House

sliall

agree to pass the

sent, together Avith the Objections, to the other

House, by

which

it

shall likewise

be reconsidered, and
it

if

approved by

two-thirds of that House,

shall

become a Law.

But

in all

such Cases the Votes of both Houses shall be determined by

yeas and Nays, and the

Names of

the Persons voting for and

against the Bill shall be entered on the Journal of each

respectively.

House
Presi-

If any Bill shall not be returned

by the
it

dent within ten Days (Sundays excepted) after

shall

have

been presented to him,

as
if

tlie

same

shall

be a Law, in like Manner

he had signed
its

it,

unless the Congress

it

by

their adjourn-

ment prevent

Return, in which Case

to

shall not

be a Law.

Every Order, Resolution, or Vote

of the Senate and

which the Concurrence

House of Representativoe may be necessary

(except on a case of Adjournment), shall be presented to the

President of the LTnited States; and before the

Same

shall

take Effect, shall be approved by him, or being disap))roved

by him,

shall

bo repassed by two-thirds of the Senate and

to the

House of Representatives, according

Rules and Limita-

tions prescribed in the Case of a Bill.

Section

8.

The Congress
for the

shall

have Power To lay and

collect Taxes,

Duties, Imposts and Excises, to pay the Debts and provide

common Defence and

all

general Welfare of the United

States; but

Duties, Imposts and Excises shall be uniform

throughout the United States;

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

Money, regulate the Value

fix

thereof, and of foreign

Coin, and

the Standard of
for the

Weights and Measures

To provide
curities

Punishment of counterfeiting the Se-

and current Coin of the United States;

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

constitute Tribunals inferior to the

define

Supreme Court;
of Nations;

and punish Piracies and Felonies committed on

the high Seas, and Offences against the

declare

Law

War, grant Letters

of

Marque and

Reprisal,

and make Rules concerning Captures on Laud and Water;

To raise and support Armies, but no A])pro]iriation of Money to that Use shall be for a longer Term than two
Years;

To provide and To make Rules

To Laws
Kions;

maintain a Navy;
for the

Government and Regulation of the

land and naval Forces;

jjrovide for calling forth the Militia to execute the

of the Union, suppress Insui-rections and repel Liva-

To

provide for organizing, arming, and

disciplining the

Militia,

and for governing

su(;h

Part of them as

maybe emand

ployed

in the Service of the

tlie

United States, reserving to the

Officers,

States respectively,

Appointment of the

THE CONSTTTUTrOK
the authority of
pline jirescribed
truiiuiig-

185

the militia according to the disci-

by Congress;
all

To
l)y

exercise exchisive Legislation in

Cases whatsoever,

over such District (not exceeding ten Miles square) as may,

Cession of particular States, and the Acceptance of Con-

gress,
States,

become the Seat

and to exercise

of the
like

Government

of the United
all

Authority over

Places purin

chased by the Consent of the Legislature of the State

wliich the
zines,

Same

shall be, for the Erection of Forts,

Maga-

Arsenals, Dock-Yards, and other needful Buildings;

And To make

all

Laws which

shall

be necessary and proper

all

for carrying into Execution the foregoing Powers, and

other Powers vested by this Constitution in the Government

of the United States, or in any Department or Officer thereof

Section

9.

The Migration
the States

or Importation of such Persons as any of

now

existing shall think proper to admit, shall

tlie

not be prohibited by

Congress prior to the Year one,

thousand eight hundred and eight, but a Tax or duty may

be imposed on such Lnportation, not exceeding ten dollars

for each Person.

The Privilege
public Safety

of the

Writ

of

Habeas Corpus

shall not

be

suspended, unless

when

in Cases of Rebellion or Livasion the

it.

may

require

No No

Bill of Attainder, or ex post facto

Law

shall

be passed.

Capitation or other direct

to the Census

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

be laid on Articles exported from

No

Preference shall be given by any Regulation of Cora-

raerce or

Revenue

to the Ports of one State over those of an-

other: nor shall vessels

bound

to,

or from, one

State, be

obliged to enter, clear, or pay Duties, in another.

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

Nobility shall be granted by the

United

And

no Person holding any Office of Profit or Trust

shall,

under them,

without the Consent of the Congress, ac-

cept of any present, Emolument, Office, or Title, of any kind

whatever, from any King, Prince, or foreign State.

Section

10.

No

State shall

enter into any Treaty,

Alliance, or ConRei)risal;

federation;

grant Letters of
IjiUs

Marque and

coin

Money; emit
and
silver

of

Credit;
in

Coin a Tender

make any Thing but gold Payment of Debts; pass any

Bill of Attainder,

ex post facto Law, or

Law

impairing the

Obligation of (Contracts, or grant any Title of Nobility.

No
may

State shall, without the Consent of the Congress, lay

Exi)()rts,

any Imposts or Duties on Imports or

l)e

except

what

absolutely necessary for executing

tlic

its

insjKH^t ion

Laws: ami

net

Product' of

all

Duties and Imposts laid

by any State on
the Treasury of
1

Inijiorts or Ex])orts, shall

lie

be for the Use of

such

United States;

aiul all

Laws

shall

be subject to the Revision and Controul of the Congress.

THE CONSTITUTION.

187

No
Duty

State shall, without the Consent of Congress, lay any

or Tonnage, keep Troops, or Sliips of

War,

in

time of

Peace, enter into any Agreement or Compact with another

State, or with

a foreign Power, or engage in

War,

unless

actually invaded, or in such imminent

Danger

as will

not

admit of delay.

ARTICLE
Se(;tion"

II.
1.

The Executive Power

the

shall

be vested

in

a President of the

United States of America.

He

shall hold his office

during

Term

of four Years, and together with the Vice-Presi-

dent, chosen for the

same Term, be elected

as follows:

Each State
ture thereof

shall aj)point, in such

direct, a

manner

as the Legisla-

may

Number
in

of Electors, equal to the

whole Number of Senators and Representatives to which

the State

may

be entitled

the Congress; but no Senator

or Representative, or Person holding an Office of Trust or

Profit

under the LTnited

States,

shall

be appointed

an

Elector.

*The
ment

Electors shall meet in their respective States, and

tlie

* This clause has been amended and superseded by

to the Constitution.

Twelfth Amend-

By

the provisions of the original clause the per-

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.

In the year 1800 the Democratic Republicans

Jcflferson,

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.

determined to elect Thomas

The

result

755

THE CONSTITUTION.
ol'

vote by Ballot for two Persons,

whom

one at least shall

not be an Inhabitant of the same State with themselves.

And

they shall make a List of

all

the Persons voted for, and

of the

Number

of

Votes for each; which List they sign and

to the Seat of the

certify,

and transmit sealed

Government

of the United States, directed to the President of the Senate.

The President

of the Senate shall, in the presence of

all

the Senate and House of Representatives, open

tificates

the Cer-

and the Votes

shall then

be counted.

Tlie Person

having the greatest

if

Number
if

of Votes shall be the President,

such

Number be

a majority of the whole

Number of Electof Votes, then

ors appointed;

and

there be

more than one who have

such a Majority, and have an equal

Number
and
if

the House of Representatives shall immediately chuse,

Ballot, one of

by

them

for President;

no Person have a

Majority, then from the five highest on the List, the said

House
the

shall in like

manner chuse the President.

from" each State

But

in

chusing the President, the Votes shall be taken by States,

Representation

having one vote

quorum

for this purpose shall consist of a

Member

or

Memall

bers from two-thirds of the States, and a Majority of

tives, votinf^ as Stales,

should

elect.

The

Federalists distrusted and dis-

liked Jefferson

the Democratic Republicans and some of the Federalists

distrusted
b;illot

and disliked Burr.

tlie

The vote

in the

House on

tlie

thirty-sixth

gave

Presidency to Jefferson and the Vice-Presidency to Burr.

wliich the electoral votes are cast separately for
can-

In order to prevent a repetition of so dangerous a struggle, the Twelfth

Amendment, by
December
time
tlie

tlic

didates for President and for Vice-President,

12, 1803,

was proposed by Congress

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 J'eojile vftUe United States, Thorpe, p<ige 272.

THE CONSTITUTION.
the States shall be necessary to a choice.
after the Choice of

189-

In every Case,

the President, the Person having the

greatest

Number
But

of Votes of the Electors shall be the Viceif

President.

tliere

should remain tAvo or more

shall

who

have equal Votes, the Senate

lot

chuse from them, by Bal-

the Vice-President.

The Congress may determine

Electors, and the

the

Time

of chiising the

Day on which

they shall give their Votes;

which Day

shall

be the same throughout the United States,

No

Person except a natural-born Citizen, or a Citizen of

the United States, at the time of the Adoption of this Constitution, shall
shall

be eligible to the Office of President; neither

eligible to that Office

any Person be

who

shall not

have

attained to the

Age

of thirty-five Years, and been fourteen

States,

Years a Resident within the United

In Case of the Removal of the President from Office, or

of
his Death,

Resignation, or Inability to discharge the

Office,

Powers and Duties of the said

the

Same

shall

devolve
pro-

on the Vice-President, and the Congress

may by Law

vide for the Case of Removal, Death, Resignation, or Inability both of the President

and Vice-President, declaring and such

Officer

what

Officer shall then

act as President,

shall act accordingly, until the Disability

be removed, ur a

President shall be elected.

The President
ices,

shall, at stated

Times, receive for his Serv-

a Compensation, which shall neither be increased nur

diminished during the Period for which he shall have been

elected,

and he

shall not receive

within that Period, any

States, or

other

Emolument from the United

any of them.

Before he enter on the Execution of his Office he shall

190

THE CONSTITUTION.

take the fullowiiig Oath or Affirination:

"I

do solemnly

swear

(or attiriii) tliat I will faithfully execute the Offic^e of

will, to

President of the United States, and

Ability, preserve, protect,

the best of

my

and defend the Constitution of the

2.

United States."

Section

The President

shall

be Comraander-iu-Chief of the Ai'my

States,

and Navy of the United

and of the

^Militia of the

several States, Avheu called into the actual Service of the

United States; he may require the Opinion,

the principal Officer in each of the executive
u})on

in Avritin<,^, of

Departments,

any Subject relating to the Duties of their respective and he

shall

Offices,

have Power to grant Reprieves and

States, except in

Pardons for Offences against the United

Cases of Impeachment.
lie shall

have Power,

l)y

and with the Advice and Consent

of the Senate, to

make

Treaties, provided two-thirds of the

;

Senators present concur

and he

shall nominate,

and by and
Judges of

with the Advice and Consent of the Senate,

shall appoint

Ambassadors, other public Ministers,

the supreme Court, and
States, wliose
foi',

-and Consuls,

all

other Officers of the United

Appointments are not herein otherwise provided

shall

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,

as they think projx-r, in the President alone, in the Courts of

in tlu' llt-ads

The
that

PiH'sident

sliall

have Pow

t-i-

to

lill

up

all

A'acaiicies

may happen

dui-ing the Pi'cess of the Senate,

by grant-

ing Coimnissions Avhich shall exi)ire at the

Session.

End

of the next

THE CONSTITUTION.
Section
3.

191

He

shiill

Iroiii

time to time give to

tlie

tlie

Congress

Iiifov-

mation of the State of

Union, and recommend to their

Considei'ation such Measures as he shall judge neeessary

and

expedient

he may, on extraordinary Occasions, convene

both Houses, or either of them, and in Case of Disagreement

between them,

Avith

Respect to (he time of ^Vdjournment, he

may
he

adjourn them to such Time as he shall think proper;

he shall receive Ambassadors and other public Ministers;

shall

take Care that the

Laws be
the

faithfully executed,

and

shall

commission

all

Officers

of

the

United

States.
SECTiOisr 4.

The
United
for,

President, Vice-President, and

States, shall be

all civil Officers

of the

removed from

Office on

Impeachment

and Conviction

of,

Treason, Bribery, or other high

Crimes and Misdemeanors.

ARTICLE
Section

HI.
1.

The
in

judicial

Power

of the United States shall be vested

one supreme Court, and in such inferior Courts as the

establish.

Congress may, from time to time, ordain and

The Judges, both

shall

of

the

supreme and

inferior

Courts,
shall,

hold their Offices during good Behavior, and

receive
for
,

at

stated Times,

their

Services a

Compensa-

tion,

which

shall not

be diminished during their Continuance

in Office.

192

THE CONSTITUTION.
Section
2.

The
United

judicial

Power

shall

extend to

all

Cases, in

Law and
of the

Equity, arising under this Constitution, the

States,

Laws

and Treaties made, or which

;

shall

be made,

under their Authority

to

all

Cases affecting Ambassadors,

Cases of admi to Controversies to which
to all

other public Ministers, and Consuls;

ralty

and maritime Jurisdiction;

the United States shall be a party;

to

Con.troversies be-

tween two or more States;

another State;

between

between a State and Citizens of Citizens of different States, be claiming

Lands under
Citi-

tween Citizens of the same State;

Grants of different States, and between a State, or the

zens thereof, and foreign States, Citizens, or Subjects.

In

all

Cases affecting Ambassadors, other public Ministers,

in

and Consuls, and those

supreme Court
shall

which a State

shall

be a Party, the
In
all

have original Jurisdiction.

the

other Cases before mentioned the supreme Court shall have

appellate Jurisdiction, both as to

Law

and Fact, with such

Exceptions, and under such Regulations, as the Congress

shall

make.
Trial of all Crimes, except in Cases of Impeachment,
in the State
;

The
shall

be by Jury; and such Trial shall be held

shall

where the said Crimes

have been committed

but

wlien not committed within any State, the Trial shall be at

such Place, or Places, as the Congress

directed.

may by Law have

Section

3.

Treason against the United States

levying

shall

consist oidy in

War

against them, or in adhering to their Enemies,

giving them Aid and Comfort.

No

Person shall be con-

TUE CONSTITUTION.
victed of Treason unless on the Testimony of
to the

193

two Witnesses

same overt Act, or on Confession

shall

in

open Court.

The Congress

have Power to declare the Punishment

of Treason, but no Attainder of Treason shall

work

Corrui)-

tion of Blood, or Forfeiture, except during the Life of the

Person attainted.

ARTICLE
Section

IV.
1.

Full Faith and Credit shall be given in each State to the

public Acts,

Records, and judicial Proceedings of every

other State.
scribe the

And

the Congress
in

may by

general

Laws

pre-

Manner

which

sucli

Acts, Records, and Pro-

ceedings shall, be proved and the Effect thereof.

Section

2.

The
leges

Citizens of each State shall be entitled to all Priviin the several States.

and Immunities of Citizens

Person charged
in

any State with Treason, Felony, or

from Justice, and be found
in

other Crime,

who

shall flee

another State, shall on

Demand

of the executive Authority

of the State from which he fled, be delivered up to be re-

moved

to the State having Jurisdiction of the crime.

No
the

Person held to Service or Labour in one State, under

thereof, escaping into

Laws

another, shall, in Conse-

quence of any

Law

or Regulation therein, be discharged from

uj)

such Service or Labour, but shall be delivered

of the Party to

on Claim
due.*

whom

such Service or Labour

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

the Congress into this

but no new State shall be formed or erected within

the Jurisdiction of any other State; nor any State be formed

by the Junction

of

two

or

more

States, or Parts of States,

M'ithout the Consent of the Legislatures of the States con-

cerned, as well as of the Congress.

The Congress

shall

have Power to dispose of and make

all

needful Rules and Regulations respecting the Territory or

other Property belonging to the United States; and nothing
in this Constitution shall

be so construed as to Prejudice any

Claims of the United States, or of any particular States.

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
;

and on Application of the

Legislature, or of the Executive (when the Legislature can-

not be convened) against domestic Violence.

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

of (he Legislatures of two-

parts of the coniilry.

From

diltbrcnt points on tlio C:uuidi;iu frontier to Uie

niglit,

HoMlherii Stales were secret routes, along wliicli, generally by

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 Peojde of the United States, p. 277.

THE GONSTITUTIOK

195

thirds of the several States, shall call a Convention for pro-

posing Amendments, which, in either Case, shall be valid to

all

Intents and Purposes, as Part of this Constitution,

when

ratified

hy

the Legislatures of three fourths of the several

States, or

by Conventions

in three fourths thereof, as the

one or the other

the Congress
;

Mode

of Ratification

Provided, that no Amendment, which

may be proposed by may

and fourth clauses

be made prior to the Year one thousand eight hundred and

eight shall in any
in the

Manner

affect the first

first

Ninth Section of the

its

Article;

and that no
its

State,

without

consent, shall be deprived of

equal Suffrage

in the Senate.

ARTICLE VL
All Debts
contracted,

and Engagements entered

into,

before the Adoption of this Constitution, shall be as valid

against the United States nnder this Constitution, as under
the Confederation.

This Constitution, and the Laws of the United States

which

shall be

made
shall

in

Pursuance thereof; and

the supreme

all

Treaties

made, or which

be made, under the Authority of the

United

States, shall be

Law

of the land; and

the Judges in every State shall be

in

bound thereby, any Thing

the Constitution or

Laws

of any State to the Contrary

notwithstanding.

the

The Senators and Rejiresentatives before mentioned, and Members of the several State legislatures, and all execuand
judicial Officers,

tive

both of the United States, -and of

the several States, shall be bound by Oatli or Affirmation,

196

THE CONSTITUTION.
but no religious Test shall ever

to sui(j)ort this Constitution;

be required as a Qualification to

any

Office or public Trust

under the United States,

ARTICLE
The
be
sufficient for the

VII.

Ratification of the Conventions of nine States, shall

Establishment of this Constitution be-

tween the States so ratifying the Same.

Done

in

Convention by the Unanimous Consent of the

States present the Seventeenth

Day

of

September

in

the

Year of our Lord one thousand seven hundred and eightyseven and of the Indejiendence of the United States of

America the
Ill

twelfth.

Witness Avhereof A\"e ]ia\e hereunto subscribed our

Xames.

George Washington,
And
Bejmfij

President,
Virginia.

from

The Word

" the " being inter-lined between the seventh

first

and eighth Lines of the

the

Page, The

Word "Thirty"
Line of

being partly written on an Erazure

fir^,t

in the fifteenth

rage, The

Words

"is tried" being inter-lined be-

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.

AVm. Sani'l Jolmsoii, Roger Shcriiuui.

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,

John Blair, James Madison,

Jr.

NORTH CAROLINA.

Geo. Clj'mer, Thos. Fitzsiinons.

.Tared Ingersoll,

Wm.

Blount,

Richard Dobbs Spaight, H. Williunisoii.

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.

William Few, Abr. Baldwin.

In Contention, Monday,

Si-jiftmhi-r 17,

nsT.

Present

The

States of

New
from

Hampsliire, Massachusetts, Connecticut, Mr. Hamilton

New York, New Jersey,

Pennsylvania, Delaware, Mary-

land, Virginia,

North Carolina, South Carolina, and Georgia.

the

Resolved, That the preceding Constitution be laid before

the United States in Congress assembled, and that

it is

Opinion of the Convention, that

it

should afterwards be

submitted to a Convention of Delegates, chosen in each

State

by the People

thereof; lander the

Recommendation

of

the Legislature, for their Assent and Ratification; and that

each Convention assenting

to,

and ratifying the same, should

give Notice thereof to the United States in Congress as-

sembled.

198
Resolved, That
it

THE CONSTITUTIOK
is

Opinion of

tliis

Convention that as

soon as the Conventions of nine States shall have ratified

this Constitution, the

United States

in

Congress asseniljled
])y

should

fix

Day on which

Electors should be appointed

the States which shall have ratified the same, and a day on
whicli the Electors should assemble to vote for the President,

and the Time and Place for commencing Proceedings under

this Constitution.

Tliat after such Publication the Electors

should be appointed and the Senators and Representatives

elected
:

Tliat the Electors should

meet on the Day

fixed

for the Election of the President,

and should transmit

United States

their

Votes

certified, signed, sealed

and directed,

as the Constituin

tion requires, to the Secretary of the

Con-

gress

assembled,

that

the

Senators and

Representatives

should convene at the Time and Place assigned; that the

Senators should appoint a President of the Senate for the

Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Console

gress, together with

the President, should, without dela}',

proceed

to execute this Constitution.

B}^ the

unanimous Order of the Convention,

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.

make no law respecting an

prohibiting the
free

establisliment
thereof,

or

exercise
jiress;

or

abridging the freedom of speech, or of the

or

tlie

right

of the people peaceably to assembh>, and to petition the Gov-

ernment

for a redress of grievances.

Article

2.

well-regulated militia being necessary to the security of

a free State, the right of the peo})le to keep and bear arms
shall not

be infringed.

Article

3.

No
but
in

soldier shall, in time of peace, be quartered in

any

house without the consent of the owner; nor, in time of war,

a

manner

to be prescribed

by law;
4.

Article

The

right of the people

to be secure in their

persons,

houses, papers, and effects, against unreasonable searches and

seizures, shall not

be violated; and no warrants shall

ratified

issue,

* Proposed by Congress and

States, pursuant to the
fiftii

by the

legislatures of the several

Article of the original Constitution.

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

to the Federal Constitution

adopted so soon after

original organization of the

were Government under it

1789 as to justify the statement that they were practically contempoCourt.)

raneous with the adoption of the original (Justice Mii.leu, United States

Supreme

The Government of

the People of the United States,

t^.

280.

200

THE CONSTITUTION.
affirniation,
tlie

but upon probable cause, snpporled by oath or

and

i:)articularly

describing the i^lace to be searched, and

persons or things to be seized.

Article

5.

No

person shall be held to answer for a capital or other-

wise infamous crime, unless on a presentment or indictment

of a grand juiy, excejDt in cases arising in the land or naval
forces, or in the militia,
"war, or public

when

in

actual service, in time of

danger; nor shall any person be subject, for

life

the same offence, to be twice put in jeopardy of

or limb;

nor shall be compelled in any 'criminal case to be a witness

against himself, nor be deprived of
life, liberty,

or pi-operty,

"without due process of law; nor shall private property be

taken for public use Avithout just compensation.

Article
In
all

6.

criminal prosecutions the accused shall enjoy the

trial,

right to a speedy and public

by an impartial jury

of

the State and district Avherein the crime shall have been committed, Avhich district shall have been previously ascertained

by

law, and to be informed of the nature and cause of the

accusation; to be confronted with the witnesses against him;

to have compulsory process for obtaining witnesses in his

favor; and to have the assistance of counsel for his defence.

Article
Til

7.

suits at

common law where

by

the value in controversy

trial

shall

exceed twenty dollars the right of

by jury

shall

be

])reserved; and no fact, tried

re-examiiic(l in
iiiLC 1')

a jury, shall be

otherwise

any

couit, of

the TTnited States, than accordlaw.

ihc rules of the

common


THE CONSTITUTION.
AllTICI.K
8.

201

Excessive bail

sliall

not bo required, nor excessive fines

inflicted.

imposed, nor cruel and xunisual 2>iinisliments

Article

9.

The enumeration
people.

in tbe Constitution of certain rigbls shall

tlie

not be construed to deny or dis2)aragc others retained by

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

power of the United States

shall not

be conor

strued to extend to any suit in law or equity,

commenced

prosecuted against one of the United States by citizens of

another State, or by citizens or subjects of any foreign

State.*

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

not be an inhabitant of the same State witli

themselves; they shall

*In the case
of Chisholm

name
vs.

in their ballots the

person voted
de-

The State of Georgia the Supreme Court

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.

This decision, hj which a State miglit be brought as defendant

before the bar of a Federal court,

was highly displeasing

to

a majority of

the States in 1794.

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

for as President, and in distinct ballots the person voted for

as Vice-Preside: it;

and they

shall

make

distinct lists of all

j^ersons voted for as President,

and of

all

persons voted for

as Vice-President,
lists

and of the number of votes for each, which

they shall sign, and certify, and transmit, sealed, to the

of

seat

government of the United

States,

directed to the
shall,

President of the Senate; the President of the Senate

in the pi'csence of the Senate

and House of Representatives,

open

all

the certificates, and the votes shall then be counted;

the person having the greatest

number of

votes for Presi-

dent shall be the President,

the whole

if

such number be a majority of

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

of those voted for

shall
in

House of Representatives
But

choose im-

mediately,

by

ballot, tlie President,

choosing the

President the votes shall be taken by States, the representation

from each State having one vote; a quorum for

this pur-

pose shall consist of a

member
if

or
all

members from two-thirds

the States shall be necesshall

of the States, and a majority of sary to a choice.

And

the

House of Representatives

not choose a President, whenever the right to choose shall

devolve upon them, before the 4th day of IVIarch next

lowing, then
in case
C)f

fol-

th(>

Vice-President shall act as President, and

the death, or other constitutional disability, of the

Prcsidctit.
'^riic

person having the greatest

th(>

number
if

of votes as Vice-

President shall be

Vice-President,

such number be a
appointed; and
if

majority of the whole innnber of

l^'lccloi-s

no person have a majority,

tlieii,

from

tiie

two highest num-

THE CONSTITUTION.
bers on
tlie
list,

-203

the Senate

sliall

choose the Vice-President;

a quonini for the purpose shall consist of two-thirds of the

whole number of Senators; a majority of the whole number

shall

be necessary to a choice.
constitutionally ineligible to the office of

But no person
United States.

President, shall be eligible to that of Vice-President of the

Article
Neither slavery

13.

nor involuntary servitude, except as a

punishment

for crime,

whereof the party

shall

have been duly

convicted, shall exist within the TJnitod States or anj^ place

subject to their jurisdiction.

.

Congress

shall

have power to enforce this

article

by appro-

priate legislation.*

AUTIOLE

14.

All ])orsons born or naturalized in the United States, and

subject to the jurisdiction thereof, are citizens of the United
States and of the State Avherein they reside.

No

State shall

make

or enforce any law Avhich shall abridge the jirivileges

or immunities of citizens of the United States; nor shall any

State deprive any person of

life,

liberty, or property without

Avithiii its juris-

due process of law, nor deny to any person

diction the equal protection of the laws,
f

*TIie Emancipation rroclamation and the events of the Civil

the adoption of the Thirteenth

War

led to

Amendment.

Its

language

is

substantially

the samp as that used in the celebrated ordinance of 1787.

April
f
8,

It

was proposed
entire recon-

18ri4,

and proclaimed
Civil

The events of the

December 18, 18G5. AVar (1801-6.')) made necessary an

in force
tlie

struction of political society in

United States, to accord with the

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

Rejjresentativcs shall be ajipoi-tioned

among

the several

States according to their respective numbers, counting the

whole number of persons

taxed.

in

each State, excluding Indians not

to A'ote at

But when the right

any election for the

choice of Electors for President and Vice-President of the

United

States, Representatives in Congress,

the executive
of the Legis-

and

judicial officers of a State, or the

is

members

lature thereof,

denied to any of the male inhabitants of

such State, being twenty-one years of age, and citizens of

the United States, or in any
ti(;ipation in rebellion or

way

abridged, excejDt for par-

other crime, the basis of reire8enla-

tion therein shall be reduced in the proportion which the

number

of such male citizens shall bear to the whole

number

of male citizens, twenty-one years of age, in such State.

No
any

person shall

l)e

a Senator or Representative in Con-

gress, or Elector of President

office, civil

and Vice-President, or hold

or military, under the United States, or un-

der any State, who, having previously taken an oath as a

member of Congress, or as an officer of as a member of any State Legislature,

judicial officer of

the United States, or

or as an executive or

any

State, to supj)ort the Constitution of

in

the United States, shall have engaged

iiisuri-ection

or re-

bellion against the same, or given aid or comfort to the ene-

mies thereof.

But Congress may, by

a vote of two-thirds of

each House, remove such disability.

'i'lic

validity of the public debt of the Tl^nited States, auTlie

185G, and declared in force July 28, 18G8.

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

upon them the

<,/ l/ir

TJie

thr I'mj./r

Unikd

Sliltrs, p. 'JSl.

THE C()NST[TUTI0K
thorlzod

205

by

law, including debts incurred for

payment of

pensions and bounties for services in suppressing insurrection

or rebellion,
sliall

not be questioned.

But neither the United

States nor any State shall assume or pay any debt or obligation

incurred in aid of insurrection or rebellion against the United

States, or

any claim for the

loss or

emancipation of any slave;

but

all

such debts, obligations, and claims shall be held illegal

and

void.
shall

The Congress

have power to enforce, by api)ropriato

legislation, the provisions of this article.

Article

15.

The

right of citizens of the United States to vote shall

not be denied or abridged by the United States, or

by any

State, on account of race, color, or previous condition of

servitude.

The Congress

shall

have power to enforce

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

of race, color, or previous condition of servitude.

"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

the second section Congress

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

of the United States,

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

State, 38, 39, 40,

Massachusetts, 1780, 40-46.

of other States, 46,
in, during the century, 47. propeity (lualitlcatious, 48.

changes

177.

Articles of Confederation,
76, 77, 78.

committee on,
81,
8:i,

religious qualifications, 49.

administrative departments, 43.

83, 81.

character of, 78, 79, 89, before the States, 79.

legislative departments, 53.

judicial departments, 54.

85.

an anomalous government,
theory
of, 86.

influence of
5i5,

one State on another,

first

56.

detects of, 86, 87.

collapse of, 101, 109.

difference

between

and

later con-

stitution, 56.
of, 16.

Assembly, Colonial, composition

New

Jersey, 70.

compared
first

to State legislature, 17.

Virginia, 71.
Virginia's plan for a national govern-

general, 35, 36, 37.

and Parliament, 39. and taxation, 31.

triumphs over Parliament, 57, 58. a precedent in the Constitution,
115.
1-tl,

ment, 130, 131, 134. Jersey plan, 133. Connecticut compromise, 127. debate on representation, 138-133.

New

resume,

175, 176.
9.

compromises in national, 138, debate on slavery, 130-138.

133, 138.

Authorities consulted,
Charters,
first

Virginia, 18.

the national Constitution signed, 143. presented to Congress, 143. origin of national Constitution, 144,
145, 146.

its seal, 19.

Its failure, 30.

before
30.

the
:

State

ratifying
;

conven-

second Virginia,

tfons

third Virginia, 31, 33.

153 154
60, 61.

Pennsylvania, 150 Delaware, New Jersey, 153 Georgia, 154

;

Congress, tli-st Continental, 31. second, 37, TO.

Connecticut,
;

154

Massachusetts.
159,

New

Congress of Confederation,
its acts, 63.

Maryland,

Hampshire, South 159;

161

Carolimi

its its

delegates, 66, 67.

finance, 89, 90, 91, 93, 93, 91, 95.

160; Virginia, 161; New York, 163 North Carolina, 166; Rhode Island,
167.

lacks of
piisses

quorum,

101. 111.
133.

Constitution takes effect, 168.

denied adequate powers. ordinance of 1787,

amendments

to, 173, 174, 175.

text of the Constitution of the United

States, 178-305.

ceases to exist, 170.

208
Convention,
first

American,
30.
87, 88.

INDEX.
Hamilton,
71, 1:25,

KW,

165, 173.

Hartford,

Annapolis, 106. Philadelphia, 107, ft scq. ratifying conventions, 150-167

Declarations, of 1765, 30.
of 1776, 33, 71, 75, 76.

Members

of

Constitutional

Convention,

111, 113, 113, 114, 115, 116, 117, 118, 119.

Navigation laws,
i;i8.

96, 97, 103, 135, 136, 137,

Revolution of 1776,
Education,
48, 19.
51.

38, 29, 31.

Elector, qualifications of,

23, ~1, ~5,

Washington, George, his views on government, delegate to Philadelphia Convention, 111

;

its

president, 119.

Finance, taxation by Pariiauient, 39. during confederation, 89, 90.

elected President of the United States,

171.

paper money, 91-99.

tariff, 97.

his journey to

New York,

171.

Franklin, 72, 73, 105, 115, LiS, 139.

inauguration, 173. appoints his cabinet, 173.

THE END.

i'-r'-'K'f''-

f^*?^.|#i4Ji5^^I

i^^^S^^i