Transcriber's Note:

This is the second volume of a two volume set, begun in [History of the Origin, Formation, and Adoption of the Constitution of the United States, Volume I.]

The index at the end of this volume, Volume II., includes links to entries for both volumes. An index jump-table has been added for the convenience of the reader.

Multiple-page footnotes, repositioned to the end of the text, have resulted in numbered pages with no contents (visible in html version only).

Remaining transcriber's notes are at the end of the text.

HISTORY
OF THE
ORIGIN, FORMATION, AND ADOPTION
OF THE
CONSTITUTION OF THE UNITED STATES;
WITH
NOTICES OF ITS PRINCIPAL FRAMERS.

BY
GEORGE TICKNOR CURTIS.

IN TWO VOLUMES.
VOLUME II.

NEW YORK:
HARPER AND BROTHERS,
Franklin Square.
1858.

Entered according to Act of Congress, in the year 1858, by
GEORGE T. CURTIS,
in the Clerk's Office of the District Court of the District of Massachusetts.

CONTENTS
OF
VOLUME SECOND.

BOOK IV.

FORMATION OF THE CONSTITUTION.

CHAPTER I.

Preliminary Considerations.—Organization of the Convention.—Position of the States.—Rule of Investigation.

Page
Explanation of the Author's Plan[3], [4]
Preservation of Republican Government[5-7]
Nature of American Freedom[7-9]
Its Dependence upon the Union[9], [10]
Intention of the Framers of the Constitution[11]
Hamilton's Purposes[11]
The Confederation officially condemned[11], [12]
Purposes of the States[12]
The declared Objects of the Convention[13]
Nature of the previous Union[14], [15]
General Purpose of the People[16]
Powers of the Convention[17]
Opposite Views of the Members[18]
Presence of Slavery in the States[19], [20]
The Slaves in some Form to be considered[20-22]
How they were regarded under the Confederation[21]
Complex Relations of the Subject[22]
All the States but one represented in Convention[23]
Absence of Rhode Island[24], [25]
Application of the Minority of Rhode Island[25], [26]
Position of the States in Convention[27], [28]
Reserved Authority of the People[28], [29]
Present Importance of the Process of forming the Constitution[29]
Cautions to be used in Interpretation[30]

CHAPTER II.

Construction of a Legislative Power.—Basis of Representation and Rule of Suffrage.—Powers of Legislation.

Randolph's Outline of a Constitution[32]
Referred to Committee of the Whole[32]
Idea of a National Government[32-35]
Rule of Suffrage in the Legislature[35]
First Parties in the Convention[36]
Representatives in one Branch to be chosen by the People[37]
Representation of the People[39-40]
States in some way to be represented[40], [41]
State Legislatures to choose the Members of the other Branch[41]
Ratio of Representation as between the States[42-44]
Basis of the Representative System[44-49]
Rule of Suffrage in the Senate[48]
Consequences of Numerical Representation[49], [50]
Powers to be conferred on the Legislature[50]
Control of State Legislation[51-55]
Population of the States[55]

CHAPTER III.

Construction of the Executive and the Judiciary.

Of how many Persons the Executive to consist[56]
Negative to be given to the Executive[57]
Mode of choosing the Executive[59]
Purpose and Necessity of a Judiciary[60]
To be made supreme[65]
Its Jurisdiction[65]
Tenure of the Judicial Office[67]
Note on the Judicial Tenure[69]

CHAPTER IV.

Admission of New States.—Guaranty of Republican Government.—Power of Amendment.—Oath to support the New System.—Ratification.

The Union destined to be enlarged[75]
Jefferson's Measure for the Admission of New States in 1784[76]
Want of Power in the Confederation[77]
Power to be supplied in the Constitution[78]
Guaranty of State Governments to be provided[79]
Necessity and Utility of the Guaranty[80-83]
A Mode of Amendment to be provided[84]
Oath to support the Constitution[84]
Mode of Ratification[84-86]
Report of the Committee of the Whole[86]

CHAPTER V.

Issue between the Virginia and the New Jersey Plans.—Hamilton's Propositions.—Madison's View of the New Jersey Plan.

General Character of the Virginia Plan[89]
Difficulties and Obstacles in its Way[91]
The chief Cause of Opposition[92]
The counter Plan by the New Jersey Members[92]
Referred to a Second Committee of the Whole[92]
Argument of Patterson in its Support[93]
Hamilton interposes[94]
The Nature of the Issue pending[95]
Hamilton's Leading Principles[95]
He states the Courses open to the Convention[96]
Explains the Principles on which Government must be founded[96-98]
Objects to the New Jersey Plan[98], [99]
Not satisfied with the Virginia Plan[99]
His Views of what must be done[99], [100]
Introduces his own Plan[101]
It must be judged by the Issue pending[101-106]
Madison examines the New Jersey Plan[106]
Explains its Effect on the smaller States[107]
Declares the Representation to be the great Difficulty[108]
The States must be represented proportionally[109]
The Virginia Plan again adhered to[109]
Note on the Opinions of Hamilton[110]

CHAPTER VI.

Conflict between the National and Federal Systems.—Division of the Legislature into Two Chambers.—Disagreement of the States on the Nature of Representation in the Two Branches.—Threatened Dissolution of the Union.

Different Magnitudes of the States[116]
Inequalities in other Respects[117]
The Majority and Minority of States[117], [118]
Views of New York[118-121]
Luther Martin's Opinions[121]
Position of Connecticut[122]
Nature of the Question between the Larger and the Smaller States[122-125]
Advantages of a National System[127]
Difficulties attending it[128]
Dangers of adhering inflexibly to Theory[129]
Division of the Legislature into Two Chambers[130]
Origin of the Division in England[130], [131]
Practical Advantages of the Separation[131], [132]
Why resisted by the Minority[133]
Defect in the Virginia Plan[133]
Mode of electing the Members[134]
Rule of Suffrage for the House[135]
Madison's View of the Interest of the Small States[136]
Hamilton on the Consequences of Dissolution[136], [137]
Evil Results of a perfect Theory[137]
Purpose of a Senate[138]
Necessity for a distinct Basis[138-140]
Irreconcilable Differences[140]
Proposition of Compromise rejected[141]
Disagreement on the Senate[141]
Consequences of a Failure to form a Constitution[142-144]

CHAPTER VII.

First Grand Compromises of the Constitution.—Population of the States adopted as the Basis of Representation in the House.—Rule for Computing the Slaves.—Equality of Representation of the States adopted for the Senate.

Appointment of a Committee of Compromise[145]
Representation adjusted by the Committee[146]
Character of the Compromise[147]
How treated in the Convention[147], [148]
Apportionment of Representatives re-arranged[148], [149]
Objections to the Plan[149], [150]
Representation of the Slaves[150]
Combined Rule of Numbers and Wealth[151]
Test Question respecting the Slaves[153]
Necessity for their Admission into the Basis of Representation[154-162]
The Difficulties only to be adjusted by Compromise[162]
Form of the Compromise[163], [164]
Equality of Vote adopted for the Senate[165], [166]
Value of this Feature of the Constitution[166], [167]
Population of the Slaveholding and Non-slaveholding States compared[168]

CHAPTER VIII.

Powers of Legislation.—Constitution and Choice of the Executive.—Constitution of the Judiciary.—Admission of New States.—Completion of the Engagements of Congress.—Guaranty of Republican Constitutions.—Oath to Support the Constitution.—Ratification.—Number of Senators.— Qualifications for Office.—Seat of Government.

The General Interests of the Union to be provided for[170]
Constitution, Laws, and Treaties to be Supreme[170]
Appointment and Powers of the Executive[171]
Re-eligibility of the Executive[172], [173]
Tenure of the Office[173]
Right of Suffrage in Choice of the Executive[174]
Appointment by Electors[175]
Construction of the Judiciary[176]
Admission of New States[176]
Completion of the Engagements of Congress[176]
Guaranty of Republican Governments[177]
Future Amendments[177]
Oath to Support the Constitution[177]
Ratification[177]
Objects of a Popular Ratification[177-184]
Constitution to be submitted to the Congress[185]
Number of Senators[186]
Qualifications for Office[186]
Property Qualification[187]
Seat of the National Government[189]
General Pinckney's Notice respecting Slaves and Exports[189]
Resolutions sent to Committee of Detail[190]

CHAPTER IX.

Report of the Committee of Detail.—Construction of the Legislature.—Time and Place of its Meeting.

Power confided to the Committee of Detail[193]
Their Draft of a Constitution[194]
Right of Suffrage[194]
Foreign-born Inhabitants[195-196]
Immigration to be encouraged[197]
Qualifications for Voting[198-202]
Power of Naturalization[199]
Qualifications for Office[203-210]
Spirit of the Constitution[211]
Ratio of Representation[212-214]
Money Bills[215-222]
Qualifications of Senators[223], [224]
Number of Senators[224-226]
Method of Voting in the Senate[226-228]
Vacancies in the Senate and House[229]
Powers of the Senate[229-240]
Senatorial Term[240-242]
Disqualifications of Members of both Branches[242] et seq.
Parliamentary Corruption[242-244]
Executive Influence[244-256]
Time and Place for Elections[257]
Pay of Members[258], [259]
Impeachments[260-262]
Quorum of each House[262]
Separate Powers of each House[262-263]
President of the Senate[263]
Enactment of Laws[264]
President's Negative[265-268]
Seat of Government[268-277]
Session of Congress[277], [278]

CHAPTER X.

Report of the Committee of Detail, continued.— The Powers of Congress.—The Grand Compromises of the Constitution respecting Commerce, Exports, and the Slave-Trade.

General Principles of the Powers of Legislation[279], [280]
Limitations[280]
Exports and the Slave-Trade[281]
Fitness and Unfitness of a Tax on Exports[282]
Variety in the Exports of the United States[283]
Impracticability of such a Tax[284]
The Slave-Trade Controversy[285] et seq.
How adjusted[289] et seq.
Restrictions on the Revenue and Commercial Powers[289]
Regulation of Commerce[291] et seq.
Settlement of the Revenue and Commercial Powers[295] et seq.
Proposition of Compromise[301]
Arrangement of the Compromise[303]
Value of the Compromise[307]
Benefits of the Revenue and Commercial Powers[309]

CHAPTER XI.

Report of the Committee of Detail, continued.— The Remaining Powers of Congress.—Restraints upon Congress and upon the States.

Purpose of the Revenue Power[318-322]
Preference of Ports prohibited[323], [324]
Duties, &c. to be equal[325]
Commerce with the Indian Tribes[325-328]
Uniform Rule of Naturalization[328]
Coining and Regulating Value of Money[328]
Standard of Weights and Measures[328]
Post-Offices and Post-Roads[328]
Power to borrow Money[328-330]
Tribunals inferior to the Supreme Court[330]
Rules as to Captures[330]
Offences against the Law of Nations[331]
Counterfeiting[332]
War Power[332]
Raising and supporting Armies[333]
Navy[334]
Power over the Militia[334-338]
Necessary and proper Laws to execute the Specific Powers[338]
Patents and Copyrights[339]
Power over Territories[341-358]
Admission of New States[358]
Restraints upon Congress[359]
Suspension of the habeas corpus[359]
Bills of Attainder[360]
Ex post facto Laws[360] et seq.
Titles of Nobility[362]
Gifts and Emoluments from foreign Princes[362]
Restraints upon the States[362] et seq.
Obligation of Contracts[365]
State Imposts[369]
Tonnage Duties[370]
Other Restraints[371]

CHAPTER XII.

Report of the Committee of Detail, continued.—Supremacy of the National Government.—Definition and Punishment of Treason.

Principles of the National Supremacy[372]
Preamble of the Constitution[373]
Supremacy effected through the Judicial Power[374]
Ratification[375]
Meaning and Operation of the Supremacy[376-381]
Its Effect on the Growth of the Country[381-384]
Definition and Punishment of Treason[384-387]

CHAPTER XIII.

Report of the Committee of Detail, continued.—Election and Powers of the President.

Election of the President, why not made directly by the People[388]
Origin of the Plan of Electors[389]
Choice of President and Vice-President[390-395]
Succession of the Vice-President to the Presidency[395-398]
Mode of filling the Vacancy when there is no Vice-President[398]
Mode of choosing the Electors[398], [399]
Opening of the Votes of the Electors[399], [400]
Modifications of the Mode of Election made by the Amendment[400], [401]
Contingency, for which no Provision is made[401-403]
Qualifications for the Presidency[404]
Salary of the President[404-407]
Question of a Cabinet, or a Council[407-409]
Powers of the President[409] et seq.
Executive Power[412], [413]
Pardoning Power[413], [414]
Treaty-making Power[414-417]
Appointing Power[417], [418]
To give Information on the State of the Union[419]
Power to convene Congress[419]

CHAPTER XIV.

Report of the Committee of Detail, continued.— Formation of the Judicial Power.

Scope of the Judicial Power[421-431]
Its Purposes[431-445]

CHAPTER XV.

Report of the Committee of Detail, continued.—Effect of Records.—Inter-State Privileges.—Fugitives from Justice and from Service.

Intimacy of the Relations between the People of the States[447]
Difference between the Confederation and the Constitution[447], [448]
Privileges of Citizenship in all the States[448]
Effect of Records[449]
Fugitives from Justice[449], [450]
Fugitives from Service[450-467]

CHAPTER XVI.

Report of the Committee of Detail, continued.—Guaranty of Republican Government and Internal Tranquillity.—Oath to support the Constitution.—Mode of Amendment.—Ratification and Establishment of the Constitution.—Signing by the Members of the Convention.

Purpose of the Guaranty of Republican Government[468]
Meaning of the Guaranty[469]
American Sense of a "Republican" Government[471]
Amendment a Conservative Element[473]
Distinction between Amendment and Revolution[473-474]
Settlement of the Mode of Amending the Constitution[474-477]
Restrictions on the Power of Amendment[477], [478]
Oath to support the Constitution[478]
Establishment of the Constitution provided for[479-485]
Signatures of the Delegates[485-487]
The Issue presented[487]

BOOK V.

ADOPTION OF THE CONSTITUTION.

CHAPTER I.

General Reception of the Constitution.—Hopes of a Reunion with Great Britain.—Action of the Congress.—State of Feeling in Massachusetts, New York, Virginia, South Carolina, Maryland, and New Hampshire.—Appointment of their Conventions.

Public Anxiety[491]
Rumors about the Bishop of Osnaburg[492]
Scheme of the Tories[493], [494]
Publication of the Constitution[495]
Its Friends and Opponents[495], [496]
Position of the People[497], [498]
Reception of the Instrument in Congress[499]
Action upon it[500]
Reception in Massachusetts[501]
Reception in New York[502-504]
Reception in Virginia[505], [506]
Jefferson's Opinion[506], [507]
Course recommended by Jefferson[508]
Washington's Exertions[509]
Patrick Henry's Course in the Legislature[510]
Debate in the Legislature of South Carolina[511]
Action of the Legislature of Maryland[512]
Luther Martin's Address[512-514]
State of Opinion in New Hampshire[514]
The real Crisis anticipated[515]
Chances for the Constitution[516]
Uncertainty of the Result[517]

CHAPTER II.

Ratifications of Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut, without Objection.—Close of the Year 1787.—Beginning of the Year 1788.—Ratification of Massachusetts, the Sixth State, with Propositions of Amendment.—Ratification of Maryland without Objection.—South Carolina, the Eighth State, adopts, and proposes Amendments.

Delaware ratifies unanimously[518]
Prestige of Philadelphia[519]
James Wilson in the Convention of Pennsylvania[520]
His Defence of the Constitution[521-524]
Ratification of Pennsylvania[524]
Position of New Jersey[524], [525]
Ratifies the Constitution[526]
Position of Georgia[526]
Ratifies the Constitution[527]
Convention of Connecticut[527], [528]
Her Adoption[529]
New Aspect of the Subject[529], [530]
Convention of Massachusetts assembles[530]
Nature of her Opposition[531]
Value of her State Constitution[532]
Parties in her Convention[532], [533]
Samuel Adams and the Opposition[533], [534]
The Federal Leaders[534]
They recognize the Necessity for Amendments[535]
Dangers of this Admission[535], [536]
Hancock proposes the Amendments[537]
Ratification procured by them[538]
Conduct of the Minority[539]
Nature of the Amendments[539], [540]
The People of Boston rejoice[540]
Influence of Massachusetts on New Hampshire[541]
Critical Position of Maryland[542]
Her Ratification[543]
Rejoicings in Baltimore[543]
Good News from South Carolina[544]
Liberal Conduct of her People[544], [545]
Defence of the Constitution by her Delegates[546]
The Convention admits the Justice of the Commercial Power[547]
Efforts of the Opposition[548]
Charleston celebrates the Constitution[548]

CHAPTER III.

Ratifications of New Hampshire, Virginia, and New York, with Proposed Amendments.

New Hampshire, Virginia, and New York are to act in the same Month[549]
Hamilton's Expresses arranged[550]
Virginia Convention meets[551]
Patrick Henry leads the Opposition[552]
His peculiar Tendencies[553]
Character of his Politics[554]
Edmund Randolph's Position[555]
Unexpectedly supports the Constitution[556]
George Mason on the Power of Direct Taxation[557]
Henry denounces the Constitution[558]
Madison defends it[559]
He denies the Dangers imputed to it[560]
Henry vouches the Advice of Jefferson[561]
Jefferson's Advice misconstrued[562]
Henry persists in pressing his View of it[563]
It strengthens the Opposition[564]
They employ the Mississippi Question[565]
True Aspect of that Question[566]
Madison's Answer to the Opposition[567]
Negotiations opened with the Anti-Federalists of New York and Pennsylvania[568]
The Convention of New York assembles[568]
Hamilton at the Intersection of his Expresses[569]
His Critical and Responsible Position[569], [570]
Nature of his Ambition[570], [571]
His Opinion of the Purposes of the Opposition[571]
His Answer to their Plans[572]
He receives News of the Ratification by New Hampshire[573]
Chancellor Livingston announces the Ratification of the Ninth State[574]
The Opposition not subdued[574]
Hamilton's Conduct at this Crisis[575-578]
He despatches a Courier to Richmond[578]
But the Constitution is ratified before the Courier arrives[578]
How its Ratification was obtained[579-581]
Henry's magnanimous Submission[581]
The News from Virginia received at Philadelphia[582]
Elaborate Procession in Honor of the Constitution[583]
Hamilton receives the News from Virginia[584]
He consults his Friends[585]
They force the Opposition to an Issue[586]
Hamilton advises with Madison[587]
An Unconditional Ratification carried[588]
The Federalists unite in a Call for a Second General Convention[588]
Their Justification for so doing[589-592]
The City of New York celebrates the Adoption of the Constitution[592]
Honors paid to Hamilton by the People[592-595]

CHAPTER IV.

Action of North Carolina and Rhode Island.— Conclusion.

Convention of North Carolina assembles[596]
Refuses to ratify the Constitution[597]
Elements of the Opposition in Rhode Island[598]
Local Parties in the State[599]
Town and Country divided[600]
Spirit of a Majority of the People[600], [601]
They reject the Constitution[602]
Embarrassing Position of the Union[603]
Conclusion[604]

APPENDIX.

Constitution of the United States of America[607]
Articles in Addition to, and Amendment of, the Constitution of the United States of America[619]
Index[633]