PREFACE.

A special history of the origin and establishment of the Constitution of the United States has not yet found a place in our national literature.

Many years ago, I formed the design of writing such a work, for the purpose of exhibiting the deep causes which at once rendered the Convention of 1787 inevitable, and controlled or directed its course and decisions; the mode in which its great work was accomplished; and the foundations on which our national liberty and prosperity were then deliberately settled by the statesmen to whom the American Revolution gave birth, and on which they have rested ever since.

In the prosecution of this purpose I had, until death terminated his earthly interests, the encouragement and countenance of that illustrious person, whose relation to the Constitution of the United States, during the last forty years, has been not inferior in importance to that of any of its founders during the preceding period.

Mr. Webster had for a long time the intention of writing a work which should display the remarkable state of affairs under whose influence the Constitution was first brought into practical application; and this design he relinquished only when all the remaining plans of his life were surrendered with the solemn and religious resignation that marked its close. It was known to him that I had begun to labor upon another branch of the same subject. In the spring of 1852 I wrote to him to explain the plan of my work, and to ask him for a copy of some remarks made by his father in the Convention of New Hampshire when the Constitution was ratified by that State. I received from him the following answer.

"Washington, March 7th, [1852].

"My Dear Sir,—

"I will try to find for you my father's speech, as it was collected from tradition and published some years ago. If I live to see warm weather in Marshfield, I shall be glad to see you beneath its shades, and to talk of your book.

"You are probably aware that I have meditated the writing of something upon the History of the Constitution and the Administration of Washington. I have the plan of such a work pretty definitely arranged, but whether I shall ever be able to execute it I cannot say:—'the wills above be done.'

"Yours most truly,

"Danl. Webster."

Regarding this kind and gracious intimation as a wish not to be anticipated in any part of the field which he had marked out for himself, I replied, that if, when I should have the pleasure of seeing him, my work should seem to involve any material part of the subject which he had comprehended within his own plan, I should of course relinquish it at once. When, however, the period of that summer's leisure arrived, and brought with it, to his watchful observation, so many tokens that "the night cometh," he seemed anxious to impress upon me the importance of the task I had undertaken, and to remove any obstacle to its fulfilment that he might have suggested. Being with him alone, on an occasion when his physician, after a long consultation, had just left him, he said to me, with an earnestness and solemnity that can never be described or forgotten: "You have a future; I have none. You are writing a History of the Constitution. You will write that work; I shall not. Go on, by all means, and you shall have every aid that I can give you."

The event of which these words were ominous was then only four weeks distant. Many times, during those short remaining weeks, I sought "the shades of Marshfield"; but now it was for the offices and duties, not for the advantages, of friendship;—and no part of my work was ever submitted to him to whose approbation, sympathy, and aid I had so long looked forward, as to its most important stimulus and its most appropriate reward.

But the solemn injunction which I had received became to me an ever-present admonition, and gave me—if I may make such a profession—the needful fidelity to my great subject. Whatever may be thought of the manner in which it has been treated, a consciousness that the impartial spirit of History has guided me will remain, after every ordeal of criticism shall have been passed.

And here, while memories of the earlier as well as of the later lost crowd upon me with my theme, I cannot but think of him, jurist and magistrate, friend of my younger as well as riper years, who was called from all human sympathies before I had conceived the undertaking which I have now completed. Fortunate shall I be, if to those in whom his blood flows united with mine I can transmit a work that may be permitted to stand near that noble Commentary, which is known and honored wherever the Constitution of the United States bears sway.

The plan of this work is easily explained. The first volume embraces the Constitutional History of the United States from the commencement of the Revolution to the assembling of the Convention of 1787, together with some notices of the principal members of that body. The second volume is devoted to the description of the process of forming the Constitution, in which I have mainly followed, of course, the ample Record of the Debates preserved by Mr. Madison, and the official Journal of the proceedings.[1]

The period of our history from the commencement of the Revolution to the beginning of Washington's administration is the period when our State and national institutions were formed. With the events of the Revolution, its causes, its progress, its military history, and its results, the people of this country have long been familiar. But the constitutional history of the United States has not been written, and few persons have made themselves accurately acquainted with its details. How the Constitution of the United States came to be formed; from what circumstances it arose; what its relations were to institutions previously existing in the country; what necessities it satisfied; and what was its adaptation to the situation of these States,—are all points of the gravest importance to the American people, and all of them require to be distinctly stated for their permanent welfare.

For the history of this Constitution is not like the history of a monarchy, in which some things are obsolete, while some are of present importance. The Constitution of the United States is a living code, for the perpetuation of a system of free government, which the people of each succeeding generation must administer for themselves. Every line of it is as operative and as binding to-day as it was when the government was first set in motion by its provisions, and no part of it can fall into neglect or decay while that government continues to exist.

The Constitution of the United States was the means by which republican liberty was saved from the consequences of impending anarchy; it secured that liberty to posterity, and it left it to depend on their fidelity to the Union. It is morally certain that the formation of some general government, stronger and more efficient than any which had existed since the independence of the States had been declared, had become necessary to the continued existence of the Confederacy. It is equally certain, that, without the preservation of the Union, a condition of things must at once have ensued, out of which wars between the various provinces of America must have grown. The alternatives, therefore, that presented themselves to the generation by whom the Constitution was established, were either to devise a system of republican government that would answer the great purposes of a lasting union, or to resort to something in the nature of monarchy. With the latter, the institutions of the States must have been sooner or later crushed;—for they must either have crumbled away in the new combinations and fearful convulsions that would have preceded the establishment of such a power, or else they must have fallen speedily after its triumph had been settled. With the former alternative, the preservation of the States, and of all the needful institutions which marked their separate existence, though a difficult, was yet a possible result.

To this preservation of the separate States we owe that power of minute local administration, which is so prominent and important a feature of our American liberty. To this we are indebted for those principles of self-government which place their own interests in the hands of the people of every distinct community, and which enable them, by means of their own laws, to defend their own particular institutions against encroachments from without.

Finally, the Constitution of the United States made the people of these several provinces one nation, and gave them a standing among the nations of the world. Let any man compare the condition of this country at the peace of 1783, and during the four years which followed that event, with its present position, and he will see that he must look to some other cause than its merely natural and material resources to account for the proud elevation which it has now reached.

He will see a people ascending, in the comparatively short period of seventy years, from an attitude in which scarcely any nation thought it worth while to treat with them, to a place among the four principal powers of the globe. He will see a nation, once of so little account and so little strength that the corsairs of the Mediterranean could prey unchecked upon its defenceless merchantmen, now opening to their commerce, by its overawing diplomacy and influence, an ancient empire, on the opposite side of the earth we inhabit, which has for countless ages been firmly closed against the whole world. He will first see a collection of thirteen feeble republics on the eastern coast of North America, inflicting upon each other the manifold injuries of rival and hostile legislation; and then again he will behold them grown to be a powerful confederacy of more than thirty States, stretching from the Atlantic to the Pacific, with all their commercial interests blended and harmonized by one superintending legislature, and protected by one central and preponderating power. He will see a people who had at first achieved nothing but independence, and had contributed nothing to the cause of free government but the example of their determination to enjoy it, founding institutions to which mankind may look for hope, for encouragement and light. He will see the arts of peace—commerce, agriculture, manufactures, jurisprudence, letters—now languishing beneath a civil polity inadequate and incompetent, and now expanding through a continent with an energy and force unexampled in the history of our race,—subduing the farthest recesses of nature, and filling the wilderness with the beneficent fruits of civilization and Christianity.

Surveying all this,—looking back to the period which is removed from him only by the span of one mortal life, and looking around and before him, he will see, that among the causes of this unequalled growth stands prominent and decisive, far over all other human agencies, the great code of civil government which the fathers of our republic wrought out from the very perils by which they were surrounded.

It is for the purpose of tracing the history of the period in which those perils were encountered and overcome, that I have written this work. But in doing it, I have sought to write as an American. For it is, I trust, impossible to study the history of the Constitution which has made us what we are, by making us one nation, without feeling how unworthy of the subject—how unworthy of the dignity of History—would be any attempt to claim more than their just share of merit and renown for names or places endeared to us by local feeling or traditionary attachment. Historical writing that is not just, that is not impartial, that is not fearless,—looking beyond the interests of neighborhood, the claims of party, or the solicitations of pride,—is worse than useless to mankind.

Boston, July, 1854.

CONTENTS
OF
VOLUME FIRST.

BOOK I.

THE CONSTITUTIONAL HISTORY OF THE UNITED STATES, FROM THE COMMENCEMENT OF THE REVOLUTION TO THE ADOPTION OF THE ARTICLES OF CONFEDERATION.

CHAPTER I.
1774-1775.

Organization of the First Continental Congress.—Origin of the Union.—Situation of the Colonies before the Revolution.

Page
Political Organizations of the Colonies[3]
Provincial Governments[4]
Proprietary Governments[5]
Charter Governments[5]
Causes of the Revolution[6]
Local Legislatures[7]
Power of the Colonies to unite, asserted by the Revolution[8]
Reasons why they were enabled to effect the Union[8]
A General Congress[10]
First Step towards it[11]
Assembling of the Congress[13]
Delegates[14]
Method of Voting[15]
Rights of the Colonies[16]
Separation from Great Britain not contemplated[18]
Relations of the Congress to the Country[19]
Authority of Parliament[20]
Declaration of Rights[22]
Cessation of Exports and Imports[23]
Another Congress proposed[25]
Royal Government terminated in Massachusetts[25]
Provincial Congress of Massachusetts[26]
Battle of Lexington[27]

CHAPTER II.
1775-1776.

The Second Continental Congress.—Formation and Character of the Revolutionary Government.—Appointment of a Commander-in-chief.—First Army of the Revolution.

New Continental Congress[28]
Delegates[29]
Colonies represented[29]
Duration of this Congress[30]
War commenced[31]
Massachusetts and New York apply to the Congress for Direction and Assistance[31]
The Congress proceeds to put the Country into a State of Defence[32]
American Continental Army created[32]
Washington chosen Commander-in-Chief[33]
Measures to defray the Expenses of War[34]
Treasury Department established[35]
General Post-office organized[35]
Militia[35]
Relations with Indian Tribes[35]
Royalists[36]
The Congress advise Provisional Governments[37]
Separation from England determined upon[38]
Suppression of the Royal Authority[39]
National Union formed before the State Governments[39]
The Revolutionary Government[40]
Note on Washington's Appointment as Commander-in-Chief[41]

CHAPTER III.
1776-1777.

Continuance of the Revolutionary Government.—Declaration of Independence.—Preparations for a New Government.—Formation of the Continental Army.

Independence proposed[49]
Committee to prepare the Declaration[50]
Instructions to the Delegates[51]
Declaration adopted[51]
Consequences of its Adoption[51]
The Title "United States of America" first used[52]
Articles of Confederation proposed[53]
The Revolutionary Congress, the Real Government[54]
Power of the Congress[55]
General Washington's Position[55]
Difficulties which he had to encounter[56]
Machinery of Government defective[57]
Formation of the Army[58]
Remodelling of the Army[59]
Difficulties attending it[59]
Committee appointed to confer with General Washington[60]
Error of Short Enlistments[60]
Washington does not concur in their Expediency[60]
Powers of the National Government[62]
Difficulties attending their Exercise[63]
Popular Feeling about the Grievances[64]
Tories[65]
Officers of the Royal Government in New Hampshire seized[66]
General Lee's Offer to seize the Tories of New York[66]
He prepares to defend New York[67]
Orders to disarm the Tories in Queen's County[68]
Orders countermanded[68]
Washington's Regret[69]
His Directions to Lee[70]
Tories of Queen's County arrested[71]
Inhabitants of New York alarmed[71]
Congress compelled to submit the Subject to the Colonial Authorities[72]
Questions of Prize[73]
Origin of the American Navy[73]
Vessels fitted out to intercept the Enemy's Supplies[73]
Falmouth burned[74]
Letters of Marque and Reprisal[75]
Prizes captured[75]
Adjudication of Prizes[76]
Delay in obtaining Decisions[77]
Means of defraying the Public Expenses[77]
Paper Money issued[78]
Delay in Signing the Bills[79]
Pressing Wants of the Army[79]
Washington borrows Money of the Province of Massachusetts Bay[80]
Defects of the Revolutionary Government[80]
Jealousy of Standing Armies[80]
Note on the Authorship of the Declaration of Independence[81]

CHAPTER IV.
July, 1776-November, 1777.

Consequences of the Declaration of Independence.—Reorganization of the Continental Army.—Flight of the Congress from Philadelphia.—Plan of the Confederation Proposed.

Effect of the Declaration of Independence[89]
More vigorous and decisive Measures adopted by the Congress[90]
Mischievous Adhesion to State Interests[90]
History of the Army[91]
General Washington abandons the City of New York[91]
Writes to the President of Congress[91]
He retreats to the Heights of Haerlem, and again appeals to Congress[92]
The Congress organizes a new Army[92]
Number of Battalions raised by each State[93]
Inducements to enlist[93]
Serious Defects in the Plan[93]
Washington suggests a Remedy[94]
Promotion of the Officers provided for[95]
Another Defect in the Plan[95]
Massachusetts and Connecticut offer further Pay to their Men[95]
Washington remonstrates[96]
Congress augments the Pay of the Army[96]
Ill Effects of the System[96]
Number of the American Forces near New York[96]
Washington's Discouragement[97]
His Situation and Trials[97]
His Retreat through New Jersey[98]
Loss of Philadelphia threatened[99]
Washington asks for Extraordinary Powers from the Congress[100]
Powers intrusted to him[100]
Unsettled Condition of the Political System[101]
The Congress apologizes to the Governors of the States[102]
Inaccuracy of their Position[103]
The States acquiesce in the Powers granted to Washington[104]
Articles of Confederation pending in Congress[104]
Eminent Men retire from Congress[104]
Delegations of the States renewed[105]
Striking Instance of State Jealousy[106]
Washington requires an Oath of Allegiance to the United States[107]
The Requisition denounced as improper[107]
Its Propriety[108]
Formation of a new Army[110]
Embarrassments in the Formation of the Army[110]
Persistence of the States in giving Extra Bounties[110]
Bounty offered by Massachusetts[111]
Army greatly reduced[111]
Washington hindered in his Efforts to plan and carry out a Campaign[112]
Applications for Troops to defend particular Neighborhoods[112]
Battle of the Brandywine[113]
The Congress leaves Philadelphia[113]
Sir William Howe takes Possession of it[113]
The Congress removes to Yorktown[113]
They resolve to consider the Articles of Confederation[114]
The Plan of a Confederacy submitted to the several Legislatures[114]
Necessity for a National Government[114]
End of the Revolutionary Government approaching[115]
Want of a Civil Executive[115]
States engaged in forming Governments[116]
Colonies accustomed to the Business of Government[116]
Practice of Representation familiar[117]
Previous Political Training of the People[118]
Distinctions between the Departments of Government[119]
Ideas not yet applied to a General Government[120]
Union of the People of the United States, as distinguished from a Union of the States, learned by a bitter Experience[122]
First Stage in the Constitutional History of the Country[123]

CHAPTER V.
November, 1777-March, 1781.

Adoption of the Articles of Confederation.—Cessions of Western Territory.—First Political Union of the States.

Adoption of the Articles of Confederation[124]
Causes which delayed the Adoption of the Confederation[125]
Changes of the Members of Congress[126]
The present Congress compared with that of 1776[127]
Objections made to the Articles of Confederation[128]
Propositions for Amendments rejected[129]
Objection made by the State of New Jersey[129]
Their Suggestion rejected[130]
Claims of the Larger States to Vacant Lands[131]
Objection of the Smaller States[131]
Assent of Maryland to the Confederation withheld[133]
New York authorizes its Delegates in Congress to limit the Western Boundaries of the State[134]
Congress urges other States to surrender a Portion of their Claims[134]
Generous Example of New Jersey[135]
Delaware follows it[135]
Maryland adopts the Articles of Confederation[136]
Virginia yields her Claim to some of her Territory[137]
Progress of the People of the United States towards a National Character[139]
Security against a Dissolution of the Confederacy[140]

CHAPTER VI.

Nature and Powers of the Confederation.

Nature of the Government established by the Confederation[142]
Provisions in the Confederation for the States as separate Communities[143]
Form of Government established by it[143]
The Confederation a League for Mutual Defence and Protection[144]
Powers of Congress with regard to the External Relations of the Country[144]
Powers of Congress with regard to Internal Affairs[145]
Committee of the States to sit in the Recess of Congress[146]
Restrictions imposed upon Congress[146]
Revenues of the Country[147]
No Provision for enforcing Measures adopted by Congress[148]
The United States enter upon a New Era of Civil Polity[149]
The Confederation demonstrates the Necessity for a more perfect Union[149]

BOOK II.

THE CONSTITUTIONAL HISTORY OF THE UNITED STATES, FROM THE ADOPTION OF THE ARTICLES OF CONFEDERATION, IN 1781, TO THE PEACE OF 1783.

CHAPTER I.
1781-1783.

Requisitions.—Claims of the Army.—Newburgh Addresses.—Peace proclaimed.—The Army disbanded.

Congress assembles under the Confederation[155]
Treaty of Peace signed[155]
Treaty of Alliance with France[156]
Delay of the States in complying with the Requisitions of Congress[156]
Washington addresses Letters to the States on the Subject of Finance, and completing their Quotas of Troops[157]
Force of the Army[158]
Discontents in the Army[158]
The Newburgh Addresses[159]
Congress votes an Establishment of Half-Pay for the Officers[160]
Impracticable Adherence to the Principles of Civil Liberty[161]
Provision for the Officers found to be inadequate[162]
Congress recommends to the States to make Provision for the Officers and Soldiers[162]
Pennsylvania places her Officers upon Half-Pay for Life[163]
Congress pass a Resolve giving Half-Pay for Life to the Officers[163]
Disappointment of the Officers[164]
The Congress of the Confederation refuse to redeem the Pledge of the Revolutionary Congress[164]
Officers offer to commute the Half-Pay for Life[165]
Breach of Public Faith[166]
Situation of Washington[167]
Anonymous Address circulated among the Officers at Newburgh[168]
Washington forbids an Assemblage at the Call of an Anonymous Paper[168]
He appoints a Day to hear the Report of their Committee[168]
The Officers again refer their Claims to the Consideration of Congress[169]
Half-Pay commuted to Five Years' Full Pay[170]
The Army disbanded[170]
Value of the Votes which fixed the Compensation of the Officers[171]

CHAPTER II.
1781-1783.

Financial Difficulties of the Confederation.—Revolutionary Debt.—Revenue System of 1783.

Public Debt of the United States[172]
Congress recommend a Duty upon Importations[173]
Office of Superintendent of Finance established[174]
Rhode Island refuses to grant to Congress the Power of Levying Duties[174]
Virginia repeals the Act by which she had granted this Power to Congress[175]
No Means of paying the Public Debts[175]
Another Plan for collecting Revenues recommended to the States[176]
Strong Appeal to the People in Favor of it[177]
Claims of the various Classes of the Public Creditors[178]
Character of the United States involved[179]
The Confederation a Government for Purposes of War[181]
Its Great Defects[181]
The Moral Feelings an Unsafe Reliance for the Operations of Government[183]
Proofs of this in the History of the Confederation[184]
Design of the Framers of the Revenue System[185]
Claims of the Army[186]
Wisdom of proposing a Scheme of Finance during the Continuance of the War[186]
Influence of the Revenue System of 1783[188]
The System of 1783 different from the Present Constitution[188]
Note on the Half-Pay for the Officers of the Revolution[190]
Note on the Newburgh Addresses[194]

CHAPTER III.
1781-1783.

Opinions and Efforts of Washington, and of Hamilton.—Decline of the Confederation.

Washington's Relations to the People of this Country[200]
His Address to them on resigning his Office[201]
His Views at the Close of the War[202]
Hamilton's Opinions[203]
His Advice and Suggestions[204]
The Necessity for a Complete Sovereignty in Congress[204]
Hamilton's Entry into Congress[206]
Nature of a Federal Constitution not understood[206]
Hamilton urges the Necessity of vesting the Appointment of Collectors of Revenue in the General Government[208]
Ratio of Contribution by the States to the Treasury uncertain[210]
Hamilton desires to change the Principle of the Confederation[211]
Advises General Taxes to be collected under Continental Authority[212]
An Attempt to substitute Specific Taxes on Land and Houses[212]
It is determined to adopt Population as the Basis of Contribution[213]
Hamilton's Views on a Peace Establishment[214]
Committee to arrange the Details of such a System[215]
An Army and Navy necessary[216]
No Provision in the Articles of Confederation for their Maintenance during Peace[216]
Hamilton advises Federal Provision for Defence[219]
Congress driven from Philadelphia[220]
Hamilton examines the Confederation[221]
Its Defects[222], [223]
He proposes to revise it[224]
His Plan unsuccessful[224]
Improvement in the Revenue System[225]
Causes of the Decline of a National Spirit[226]
Falling off in the Attendance of Members of Congress[226]
Results of the Confederation[228]
Its Defects displayed[229]
Another Government necessary for the great Duties of Peace[230]

BOOK III.

THE CONSTITUTIONAL HISTORY OF THE UNITED STATES, FROM THE PEACE OF 1783 TO THE FEDERAL CONVENTION OF 1787.

CHAPTER I.
January, 1784-May, 1787.

Duties and Necessities of Congress.—Requisitions on the States.—Revenue System of 1783.

State of the Union from 1783 to 1787[233]
Dangers and Evils which existed during the Four Years after the War[234]
A New Congress[235]
Washington's Resignation[235]
Congress urge the Attendance of absent Members[236]
Ratification of the Treaty of Peace[237]
Congress perpetually in Session during the War[238]
Number of Delegates from each State[238]
Low State of the Representation[239]
Duties of the Government[240]
Supplies for the Year 1784[240]
How to be obtained[241]
Old Requisitions unpaid[241]
Supplies necessary for the Year 1785[242]
Supplies necessary for the Year 1786[242]
Rhode Island and New Jersey propose to pay their Quotas in their own Paper Currency[242]
Inadequacy of Requisitions[243]
States which had assented to the Revenue System in February, 1786[244]
Congress make known the Public Embarrassments[245]
Impost granted by all the States except New York[246]
Argument used in Support of her Refusal[247]
Hamilton's Answer to it[247]
Congress recommend to New York to reconsider the Revenue System[247]
The Governor refuses to summon the Legislature[247]
Failure of the Revenue System[248]

CHAPTER II.
1784-1787.

Infractions of the Treaty of Peace.

Provisions of the Treaty of Peace[249]
Departure of the British Troops from the Atlantic Coast[249]
Western Posts retained[249]
Interests of British Subjects[250]
Confiscated Property[250]
Power of Confiscation belonging to the United States[252]
Refugees[252]
State Laws prohibiting the Recovery of British Debts[253]
Articles of the Treaty infringed by New York[254], [255]
Powers of the Government inadequate[255]
Treaty of Peace[256]
Violations of its Articles[257]
Congress recommend to the States to repeal all Acts repugnant to the Treaty[258]
The two Countries remain in the same Position[259]

CHAPTER III.
1786-1787.

No Security afforded by the Confederation to the State Governments.—Shays's Rebellion in Massachusetts, and its Kindred Disturbances.

Defence against External Assaults, the Object of the Confederation[260]
Construction of the State Constitutions[261]
Fundamental Doctrine of the American Constitutions[262]
Commencement of Discontents in Massachusetts[263]
The Confederation without Power to act upon the Internal Condition of a State[264], [265]
State Governments exposed to the Dangers of Anarchy[265]
Insurrection in Massachusetts[266]
Debt of that State at the Close of the War[266]
Decrease of Exports and Fisheries[267]
General Condition of the State[267], [268]
Private Debts[268]
The Tender Act[268]
Effects of this Law[269]
Shays's Rebellion[269]
Firmness of Governor Bowdoin[270]
Insurrection suppressed[270]
Congress unable to interpose[271]
Hostile Disposition of the Western Indians[271]
Troops to be raised by the New England States[272]
Extent of the Disaffection in New England[273]
Beneficial Effect of these Disturbances[273]
The Union necessary to the Preservation of Order[274]
Washington's Anxieties[274]

CHAPTER IV.

Origin and Necessity of the Power to regulate Commerce.

Inability of the Confederation to manage Foreign Commerce[276]
Essential that it should be managed by the United States[277]
Views of the Revolutionary Statesmen[277], [278]
Commercial Relations of the United States with Foreign Countries[279]
Negotiation of the Treaty with the Netherlands[280]
Duties and Imposts[281]
Congress without Power to enforce Treaty Stipulations upon the States[282]
Relations of the United States with Great Britain[282]
Measure of Mr. Pitt[282]
Change of the English Administration[283]
Mr. Pitt's Bill[283]
Views of the New English Administration[283], [284]
American Trade excluded from the British West Indies[284]
The three great Branches of American Commerce[285]
Congress apply to the States for further Powers[286]
Action of the States thereupon[286]
Success of Treaties dependent on the Grant of further Powers[287]
Incongruities in the Grants of the several States[288]
Failure of the Attempt to negotiate Commercial Treaties[289]
Discordant Legislation of the States[290]

CHAPTER V.
1783-1787.

The Public Lands.—Government of the Northwestern Territory.—Threatened Loss of the Western Settlements.

Relations of Congress to the Public Lands[291]
Efforts to procure Cessions from the States[292]
Cession by New York[293]
Disposal of the Territories[293]
Power of Congress to acquire and hold Lands[293]
Its Constitutional Authority to deal with acquired Territory[294]
Cession of Northwestern Territory by Virginia[295]
States to be formed from this Territory[296]
Congress pass a Resolve for the Regulation of ceded Territory[296]
Principles on which the Government of New States should be established[297]
Provision for admitting New States into the Union[298]
Compact between the Old and New States[299]
The Public Lands the true Resources for the Payment of the Public Debt[299]
Slavery to be excluded from the New States[299]
Cession by Massachusetts and Connecticut of a Portion of their Territorial Claims[299], [300]
Modification by Virginia of her Act of Cession[300]
Cession of Lands by South Carolina[301]
No other Lands ceded to the United States before 1787[301]
Ordinance for the Government of the Northwestern Territory enacted[302]
Its Provisions concerning Property[302]
Civil Government of the Territory[303]
Laws to be adopted[303]
Appointment of Civil Officers[304]
Counties and Townships to be formed[304]
Representation in the Legislature provided for[304]
Articles of Compact between the Original States and the People and States in the Territory[305], [306]
Wisdom of this Scheme of Government[306], [307]
Political Difficulties in the Management of this Territory[308]
Threatened Loss of the Western Settlements[309], [310]
Washington's Plan of uniting the Eastern and Western States[310]
He considers the Opening of the Mississippi not important[311]
The Southern Boundary of the United States, by the Treaty of Peace[312]
Secret Article in that Treaty[312]
Spain refuses to concede the Navigation of the Mississippi[313]
Arrival of Guardoqui as Minister from Spain[313]
The United States insist on the Right to navigate the Mississippi[314]
The Right refused, but a Commercial Treaty tendered[314]
Importance of this Treaty[314]
The States divided with Regard to the Mississippi[314], [315]
Mr. Jay proposes a Middle Course[315]
Treaty to be limited to Twenty-five Years[316]
Use of the River to be suspended for the same Period[316]
Change in Mr. Jay's Instructions[317]
Seizure of American Property at Natchez[318]
Inhabitants of the Western Settlements alarmed[318]
Richness of their Territory[319]
Their Complaints of Congress[320]
Their Resolves[321]
Retaliatory Seizure of Spanish Property[322]
The Executive of Virginia disavows the Act[322]
Guardoqui adheres to his Position[323]
Committees of Correspondence formed in the West[323]
The Inhabitants of Kentucky in Motion[323]
Remonstrances of Virginia on the Subject of shutting up the Mississippi[323]
Their Delegates intercede with the Spanish Minister[324]
Their Efforts ineffectual[324]
The Vote of Seven States attacked in Congress[325]
Unconstitutionality of that Vote[325], [326]
It is not rescinded[326]
Critical Position of the Country[326]
The Subject of the Mississippi postponed to await the Action of the Federal Convention[326], [327]

CHAPTER VI.
1783-1787.

Decay and Failure of the Confederation.—Progress of Opinion.—Steps which led to the Convention of 1787.—Influence and Exertions of Hamilton.—Meeting of the Convention.

The Federal Power under the Confederation unequal to the Discharge of its Duties[328]
The Confederation destitute of Political Sovereignty[329]
Capacities of the Country[330]
Difficulties in the Formation of a Federal Constitution[331]
Progress of Opinion upon the Subject of a General Government[332], [333]
Important Centres of Opinion[334]
Action of Massachusetts[334]
Distress pervading the Commercial Classes[334], [335]
Governor Bowdoin's Message[336]
The Legislature recommend a General Convention[336], [337]
Their Delegates in Congress refuse to present the Resolves[337]
Congress desire only a Temporary Power over Commerce[337]
Jealousy in Congress of the Changes likely to be made in the Government[338]
The Legislature of Massachusetts rescind their Resolutions[339]
Condition of Congress in 1785[339]
Action of Virginia[340]
Proposed Enlargement of the Powers of Congress over Trade[340]
Difficulties between the Citizens of Virginia and Maryland[341]
Meeting at Alexandria[341]
Report of the Commissioners of Virginia and Maryland to their Governments[342]
Virginia invites a Meeting of Commissioners from all the States at Annapolis[343]
Action of New York[343]
Final Appeal by Congress for the Establishment of the Revenue System of 1783[344]
Exertions of Hamilton[345]
The Revenue System again rejected by the New York Legislature[346]
Commissioners appointed by New York to attend the Commercial Convention[346]
Course of New York upon the Revenue System[346]
Five States only represented at Annapolis[347]
Hamilton's Original Plan, and its Modification[347], [348]
His Report[348]
He desires an entirely New System of Government[349]
Caution in his Proposal[350]
His extensive Views[350]
Reception of the Recommendation of the Annapolis Commissioners in Virginia[351]
Objections to it in Congress[352-355]
Report of the Commissioners taken into Consideration[355]
Opinions of different Members upon the Subject[355]
Legal Difficulties in the Way of a Convention[356]
Views entertained in Congress[357]
Critical State of the Country[357], [358]
It impels Congress to Action[358]
Influence of the Course of New York upon Congress[358], [359]
Their Delegation instructed to move a Convention[360]
Failure of this Proposition[360]
Adoption of a Resolve proposed by the Massachusetts Members for the same Purpose[361]
Mode of Amendment recommended by Congress[362]
Importance of this Action of Congress[362]
Dangers of Inaction[363]
Importance of the Sanction of the Old Government, in the Formation of a new one[364]
Hamilton's Wisdom[365]
Reason for not intrusting the Revision of the System of Government to Congress[365], [366]
Powers of the Convention not defined by Congress[367]
Nature of the Crisis[368]
Danger of an Attempt to establish Monarchical Government[369]
Washington's Opinions[370], [371]
Other Difficulties attending the Revision of the Federal System[371]
Sectional Jealousy and its Causes[371], [372]
New Idea of a Union[372], [373]
Prevailing Feeling among Statesmen concerning the Convention[373]
Hamilton fully equal to the Demands of the Crisis[373], [374]
Assembling of the Convention[374]
Novelty of their Undertaking[374], [375]
State of Political Science in Modern Europe[375]
The Results of English Liberty[376], [377]
French Discussions[377], [378]
The English Constitution an imperfect Guide[378]
Nature of the Problem[379]

CHAPTER VII.

The Framers of the Constitution.—Washington, President of the Convention.

Embarrassments attending the Assembling of the Convention[380]
Discipline to which the American People had been subjected[381], [382]
The Constitution the Result of Circumstances[382]
Consequences of a Want of Power in the First Government[383]
Its Incapacity[384]
Sufferings of the People[384]
Civil Liberty the Result of Trial and Suffering[385], [386]
Qualities of the Framers of the Constitution[386], [387]
Hamilton[387]
Washington[388]
Madison[388]
Franklin[388]
Gouverneur Morris[388]
Their Characters formed during the Revolution[388], [389]
Diversities of Opinion in such an Assembly[389]
Patriotism of its Members[390]
A Republican System their great Object[390]
Slight Value of the Examples of other Countries[391]
Necessity for a National Head[392]
The New Government established without Violence[393]
Washington at Mount Vernon[393], [394]
His Opinions upon the Powers of the Federal Government[394-396]
His Fears as to the Result of a Convention[396], [397]
The Legislature of Virginia desire to place him at the Head of their Delegation[397]
Refuses informally[398]
Declines a Re-election as President of the Society of the Cincinnati[398]
Receives Official Notice of his Appointment to the Convention[399]
Declines the Appointment[399]
The Insurrection in Massachusetts changes his Determination[399], [400]
He leaves Mount Vernon for Philadelphia[401]
Is elected President of the Convention[401]
His great Object, to secure a Republican Government[402]
The Idea of a Monarchical Government entertained to some Extent[402]
Coercive Power necessary in the General Government[403]
Washington's Character as a Statesman[404]
His Fitness for the Chair of the Convention[405]

CHAPTER VIII.

Hamilton.

Causes why Hamilton is less known at the present Day, than other Statesmen of the Revolution[406]
Immediate Effect of his Death upon the Country[407]
His Birth and Education[408]
Very early Entrance upon Political Life[408]
His Essays on the Rights of the Colonies[408]
Appointed Aide-de-Camp to Washington[409]
Elected to Congress from New York[409]
A Member of the Legislature[409]
Delegate to the Federal Convention[409]
One of the Authors of the Federalist[409]
Elected to the State Convention[409]
Secretary of the Treasury[409]
Retirement[409]
Command of the Provisional Army[409]
Practice of the Law[409]
Death[409], [410]
Character[410-419]

CHAPTER IX.

Madison.

His Birth and Education[420]
Entrance into Congress[421]
His Influence in inducing Virginia to yield the Northwest Territory[422]
Other important Services in the Congress of the Confederation[422], [423]
Retires to Virginia[423]
Efforts for the Enlargement of Commercial Powers[423], [424]
His Connection with the Events which led to the Convention[424-427]
Appointed one of the Commissioners to Annapolis[427]
Drafts the Act of Virginia appointing Delegates to the Federal Convention[427]
His Labors in the Convention[427], [428]
Records the Debates[428]
His Character[428-431]

CHAPTER X.

Franklin.

His long Career of Public Service[433], [434]
His distinguished Residences abroad[434], [435]
Importance and Influence of his Presence in the Convention[435-437]
His Objections to the Constitution[437]
Sacrifices them to the Public Good[437]
His Efforts to produce Unanimity[437], [438]

CHAPTER XI.

Gouverneur Morris.

Birth and Education[440]
Views on the Independence of America[441]
Services in Congress[442]
Appointed Assistant Financier[443]
Elected to the Federal Convention[444]
His Character[444-447]

CHAPTER XII.

King.

Birth and Education[448]
Elected to Congress[448]
His Opinions on the Subject of a Federal Convention[449]
His Views of the Insurrection in Massachusetts[450]
Disappointment concerning the Powers of the Confederation[450]
Change of Opinion[450], [451]
View of the true Principle for the new Government[451]
Introduces the Prohibition against Laws affecting the Obligation of Contracts[452]
His Character[453]

CHAPTER XIII.

Charles Cotesworth Pinckney.

Descent and Education[454]
Military Career[454]
Appointed to the Federal Convention[455]
His Course on the Slave-Trade, and the Regulation of Commerce[456]
Vindication of the Framers of the Constitution[456-460]
Note on the Abolition of the Slave-Trade[460]

CHAPTER XIV.

Wilson.

Birth and Education[462]
Emigration to America[462]
Services in Congress[462], [463]
His Opinions in the Convention[463], [464]
Exertions for a Representative Government[464]
Appointed Judge of the Supreme Court of the United States[465]
His Speech on the Constitution in the Pennsylvania Convention[465-479]

CHAPTER XV.

Randolph.

An Aide-de-camp to Washington[480]
Services in Congress[480]
Elected Governor of Virginia[481]
Procures the Attendance of Washington[481]
His Opinions on the Constitution, and the existing Crisis[481-485]
Genealogy[485]

CHAPTER XVI.

Conclusion of the Present Volume.

The Other Members of the Convention[486], [487]
Responsible Position of the American People[487], [488]

APPENDIX.

Circular Letter of Congress recommending the Articles of Confederation[491]
Representation of New Jersey on the Articles of Confederation[493]
Act of New Jersey accepting the Confederation[497]
Resolutions passed by the Council of Delaware respecting the Articles of Confederation[498]
Act to authorize the Delegates of the Delaware State to ratify the Articles of Confederation[500]
Instructions of the General Assembly of Maryland to their Delegates, respecting the Articles of Confederation[501]
Act of the Legislature of New York, to facilitate the Completion of the Articles of Confederation and Perpetual Union among the United States of America[505]
Report of the Committee of Congress as to the Proceedings of the Legislatures of Maryland, New York, and Virginia in Relation to the Articles of Confederation[506]
Act to empower the Delegates of Maryland to ratify the Articles of Confederation[508]
Articles of Confederation and Perpetual Union between the States[509]
Members of the Convention which formed the Constitution[516]