XXIII
To introduce this government, it is the opinion of this Convention, that each assenting Convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the Conventions of States, should appoint and publish a day, as early as may be, and appoint a place for commencing proceedings under this Constitution; that after such publication, the Legislatures of the several States should elect Members of the Senate, and direct the election of Members of the House of Representatives; and that the Members of the Legislature should meet at the time and place assigned by Congress, and should, as soon as may be, after their meeting, choose the President of the United States, and proceed to execute this Constitution.
INDEX
Adams, Secretary J. Q.
Applies to Pinckney for draught, p. [4], [26]
Interview with Rufus King, p. [145]
Ambassadors
To be appointed by the Senate, p. [82], [102], [210]
Article III of Pinckney's Draught
Relied upon by Madison, p. [61], [62], [93], [99], [100]
Article V of Pinckney's Draught
Relied upon by Madison, p. [61], [101]
Article VIII of Pinckney's Draught
Relied upon by Madison, p. [60], [78], [79], [82], [84], [97]
Sustained by the Observations, p. [134]
Bancroft, George,
Expresses the general judgment, p. [7]
Bill of Rights
Not adopted by the Committee or the convention, p. [270]
But is, in Pinckney's draughts and Observations, p. [270]
Bridge which Madison built
For Pinckney's friends, p. [6], [7], [21], [44]
Butler Pierce of South Carolina
Thinks election by the people impracticable, p. [87]
Charges of Madison
Analysed, p. [58], [62], [63]
Chesapeak, the frigate,
Surrender of, p. [56]
Citizens.
The clause securing privileges and immunities, p. [252]
City Tavern,
Members of the Convention dinner at, p. [239]
Committee of Detail
Appointed to prepare the Constitution, p. [69], [232]
Report of the Committee, p. [69]
Names of the Committee, p. [75]
Secrecy of the Committee, p. [75], [76]
Report exceeds instructions, p. [70]
Consistent silences of the Committee until death, p. [200]
How the Committee followed Pinckney, p. [213]
The printing of the draught, p. [233], [234]
Committee of Style
Appointed, p. [69]
Really Committee of Revision, p. [78]
Correction of language, masterly, p. [78]
Compensation of Members
Adequate, p. [173]
Resolution of the Committee of the Whole, p. [173]
Report of the committee of detail, p. [174]
In the Pinckney and Wilson draughts, p. [175]
Deviation from instructions explained, p. [207], [209]
Compensation of the President.
Committee's draught disregards the 12th Resolution, p. [209]
Follows Pinckney's draught, p. [210]
Compromises, The, of the Constitution.
Neither Madison nor Pinckney attempted a compromise, p. [265]
Conclusions.
Final conclusions on the whole case, p. [273]
Confederated States.
Bankrupt and drifting towards war, p. [249]
Helpless as against the States, p. [251]
Dependent upon voluntary contributions, p. [265]
Could not enforce treaties on States, p. [265]
Congress.
See Election and Eligibility.
Constitution, The.
Its four germinal stages, p. [66]
Methods for consideration of, p. [67], [68]
Birth of, p. [71]
References to Committees, p. [69], [70], [78]
The work of the Committee of Style, p. [78]
Estimate of in 1818, p. [25], [27]
Convention, The.
Surviving members of, p. [24], [202]
Philosophical methods of, p. [67]
First days of the, p. [128], [129], [130]
The first business day, p. [135]
The secrecy of the convention, p. [227], [229], [232], [237]
A lost paper, p. [230]
Its careful preservation of papers, p. [287]
Copyright and Patents.
Not in the Department copy of the draught, p. [271]
But Pinckney the author of those constitutional provisions, p. [271]
Copyright cases, p. [206]
Council of Revision.
Considered, p. [46], [47], [50], [51]
Pinckney's action regarding it, p. [50]
Delicate.
The word as used by Madison, p. [36]
Draught of Committee of Detail.
Reported by committee, p. [70]
Description of, p. [71], [72], [234]
Washington's copy of, p. [74]
The notes by Major Jackson, p. [74]
Agreement with Pinckney's draught, p. [79], [81], [255], [273]
The "divide" in the march of the framers, p. [76]
The compromises subsequent to the draught, p. [77]
Sparks' analysis of it, p. [149]
Sparks' test, p. [153], [156]
Madison's non-reply to Sparks, p. [155], [156]
The misplacing of veto power, p. [183], [220]
The treason provisions, p. [185], [221]
The Supreme Court jurisdiction clause, p. [191]
The draught not yet written, p. [203]
The preamble taken from Pinckney, p. [214]
How the committee followed Pinckney, p. [215]
The committee overrule Wilson, p. [222]
Limit of time for preparing, p. [232], [235], [248]
Engrossed on Pinckney's as copy for printer, p. [236], [241]
"Delivered in" figuratively, p. [236]
The most important document of the convention, p. [226]
Printing of the draught, p. [233]
The real authors of the draught, p. [165]
Draught of Pinckney
Presented to the convention, p. [229]
Lost, p. [4], [224]
The Department copy, p. [4]
Description of, p. [16]
Madison's Note to the, p. [58]
When written, p. [86]
The term, "The law of the land," p. [179]
Provisions described in the Observations, p. [182]
The misplacing of the veto power, p. [183], [220]
The militia, p. [188]
Randolph recognizes and uses, Art 11, p. [196]
Article 11 described in the Observations, p. [198]
Publicity attending Pinckney's draught, p. [201], [274]
Used as printers' copy and destroyed, p. [236]
Never discussed in convention, p. [257]
Exaggerated value set upon it, p. [258]
Provisions not adopted by the committee, p. [268]
Provisions not in the Department case, p. [271]
Provisions rejected, p. [263]
Its inferiority in detail to the committee's, p. [153]
Draught of Randolph.
Description of, p. [161]
The annotations of Rutledge, p. [164]
Compensation of Senators, p. [163]
The joint work of Randolph and Rutledge, p. [165]
A disheveled draught, p. [190]
Jurisdiction of the Supreme Court in, p. [191]
Recognizes and uses Pinckney's Art. 11, p. [196]
Draughts of Wilson.
His three draughts, p. [160]
Description of his 3d, p. [161]
The annotations of Rutledge, p. [161]
Wilson's preamble, p. [166],
Charges against Pinckney, p. [168]
The word "our," p. [169], [171]
Articles which are not Wilson's, p. [182]
The proper placing of the veto power, p. [183], [220]
The treason provisions, p. [185], [221]
The militia provisions, p. [188]
Draught, rough.
What it is, p. [20]
Pinckney's not a rough draught, p. [10], [11]
Wilson's rough draught, p. [166]
Duer, William A.
Madison's letter to, p. [36], [45]
His position in New York, p. [45]
Election of Representatives
By the people, p. [9], [85], [91], [93], [94], [95], [97]
Pinckney's change of mind, p. [85], [87], [94], [96]
Agreement of Articles III and V with Observations, p. [90], [93]
Vote of convention, p. [95]
Election of the President.
Madison's strictures on the draught, p. [60]
Article VIII does not provide a method, p. [97]
The omission not remarkable, p. [98]
Choosing by the electoral colleges, p. [77], [133]
Observations sustain Article VIII, p. [134]
Eligibility of Representatives, etc.
Pinckney on the question, p. [101], [103]
Elliott, W. S.
A grandnephew of Pinckney, p. [288]
His sketch of Pinckney's life and home; of his library, picture gallery and garden, p. [288]
Ellsworth, Oliver
Did not draught a constitution, p. [165]
Contributed nothing to draught of the committee, p. [165]
Estoppel.
Characterized by Coke, p. [132]
Does not extend to historical students, p. [132]
Federalists.
Hamilton and Pinckney were, p. [279]
Pinckney the most extreme federalist in the convention, p. [279]
Ford, Worthington C.
Publishes Pinckney's letter, p. [5]
Framers of the Constitution.
Two of the youngest and their work, p. [264]
Franklin, Doctor.
His farewell words to the convention, p. [70]
Fraud and Plagiarism.
The question of inexorable, p. [21]
Detection probable, p. [24]
Temptation small, p. [25]
The absence of motive, p. [27], [28]
Specifications of plagiarisms, p. [78]
Failure of specified charges, p. [79]
Not sustained by evidence, p. [275]
The charge reduced to an absurdity, p. [195]
Gerry of Massachusetts
Opposes election by the people, p. [87]
Gilpin, Henry D.
Edits Madison's Journal, p. [5], [29]
Gorham of Massachusetts.
A member of the committee of detail, p. [75]
Did not attempt to draught a constitution, p. [165]
Grimke, Thomas S.
Madison's letter to, p. [35]
Habeas Corpus.
The writ of, not to be suspended is in the draught, p. [269]
Why the committee did not adopt, p. [270]
Hamilton, Alexander.
"Those who pay are the masters," p. [174]
His not the style of the Constitution, p. [243]
Pierce's description of Hamilton, p. [283]
Historical Questions.
Concerning the draught in the State Department, p. [12]
Historical Society of N. Y.
Possesses Pinckney's Observations, p. [105]
Referred to by Madison, p. [110]
Hunt, Gaillard.
Description of the draught, p. [18]
Immigration.
Expected and relied upon, p. [170]
Massachusetts constitution encourages, p. [169]
Impeachment.
In Pinckney draught, p. [211]
In the committee draught, p. [211]
Jackson, Major Wm.
Elected secretary of the convention, p. [129]
His notes on draught, p. [74], [75]
His letter to Washington, p. [239]
Delivers papers of the convention to Washington, p. [239], [241]
Jameson, Professor, J. Franklin.
He discovers two of the Wilson draughts, p. [159], [160]
Jay, Chief Justice.
His hand appears in the constitution of New York, p. [243]
Jefferson, President.
Madison's letter to, p. [33], [129]
Jews.
"The people called Jews" address the convention, p. [241]
Journal, The, of Madison.
Its completeness, p. [40]
Omission of Pinckney's draught, p. [40]
Publication of, p. [52], [63]
His best appreciated work, p. [40]
To be edited by Mrs. Madison, p. [63]
Edited by Henry D. Gilpin, p. [5], [29]
Madison method of writing, p. [122]
Is the journal evidence against Pinckney, p. [275]
It must be received as history, p. [277]
King, Rufus.
Mr. Adams' conversation with King, p. [145]
King considered as a witness, p. [146]
Pierce's description of King, p. [282]
Knox, General Henry.
Washington's letter to him, p. [128]
Law of the Land.
See Supreme Law of the Land.
Library company of Philadelphia.
Order to the librarian directing him to "furnish the gentlemen" of the convention with books, p. [240]
McLaughlin, Professor,
Discovers a draught of Wilson, p. [158]
Discovers report in confederated congress, August, 1786, "written in
Pinckney's own hand," p. [260]
Madison, President.
His troubled life, p. [54]
His failing memory, p. [52], [54], [81]
His only alternative, p. [38]
His age, p. [53], [54]
His failure to testify, p. [38]
His ignorance of the draught, p. [30], [38], [40], [53]
His "Note" to the "Plan," p. [58]
His "editorial footnote" to the "Note," p. [62], [63]
His charges against the draught, p. [63]
His objections to Pinckney's draught, p. [5], [6], [7], [43], [45], [46]
His poor opinion of Pinckney, p. [32], [53]
Most diligent member of convention, p. [80]
His letters, p. [33], [34], [35], [36], [42], [43], [45], [54], [63], [107], [108], [109], [110], [129], [214]
His comparison of the draught with the Constitution, p. [143], [156], [157]
His silence on the primary issue, p. [156]
His adroit management, p. [43], [157]
Madison on the "object of the Union," p. [214]
His and Pinckney's the constructive minds of the convention, p. [264]
They agreed as to State legislation, p. [265], [267]
They did not attempt to frame a compromise, p. [266]
The work of one agrees with the work of the other, p. [267]
Their names should be closely associated, p. [268]
Madison's Journal. See Journal.
Mrs. Madison
Her rescue of Washington's portrait, p. [56]
Intended editor of the Journal, p. [63]
Marshall, Chief Justice.
Moulded the Constitution, p. [27]
His majestic judicial reign, p. [37]
Martin Luther.
His resolution relating to the "Supreme law of the respective States," p. [179]
His language a compromise, p. [181]
Massachusetts
Constitution furnishes provisions for Pinckney's draught, p. [83], [84], [250]
Massachusetts and New York alone paid in full their quota, p. [249]
Preamble of the Constitution derived from constitution of Massachusetts, p. [169]
The word "posterity" unrestricted, p. [170]
Meigs, William M.
His "Growth of the Constitution," p. [161]
Reproduces the Randolph draught in facsimile, p. [161]
Growth of the Constitution
cited and quoted, p. [189], [192]
Militia, The.
Pinckney's draught a radical departure, p. [188]
Not authorized by the convention, p. [188]
Pinckney's draught followed by Wilson rejected by the committee, p. [189]
Money Bills.
Madison refers to them, p. [99]
Pinckney's position regarding them, p. [100]
Morris, Gouverneur.
His correction of the language of the Constitution, p. [78]
Mystery.
The name, p. [3]
Its definition, p. [4]
New York, the Constitution of,
Furnishes the veto power, p. [47], [48]
Furnishes other provisions, p. [83], [84], [216], [218], [250]
New York and Massachusetts alone pay in full their quota, p. [249]
Notes and Memoranda
Of Pinckney and Madison, p. [11]
"Note" of Madison to plan of Pinckney, p. [58]
Editorial footnote to same, p. [62], [63]
Observations, The Pamphlet.
Cited by Madison, p. [33], [34], [43], [46], [50], [62]
Cited by Pinckney, p. [90]
When written, p. [93], [130]
Description of, p. [105]
Madison interest in, p. [107]
Extracts from, p. [111]
The Observations, a speech never made, p. [122], [126], [139]
Madison and Yates evidence, p. [122]
Contradictions in it, p. [126]
Significant error in date, p. [127]
Considered as a speech, p. [131]
Considered as evidence, p. [132]
Confirm Articles III, V, VIII, p. [132], [135]
Explanation of Pinckney's publication, p. [135]
Why speech was not delivered, p. [137]
Why published, p. [138]
Why Observations were not cited in Madison's "Note," p. [140]
The Observations fateful, p. [141]
They sustain the copy in the State department, p. [139]
Articles in the draught described in the Observations cannot be questioned, p. [182], [189], [198], [253], [269], [270]
Article 11 referred to by Randolph described in the Observations, p. [198]
Patents. See Copyright.
Paulding, James Kirke.
Memorandum for, p. [34], [42], [107]
Letters to, p. [43], [108]
Friend of Madison, p. [44], [45]
Phenomenon, The, of Madison, p. [46], [53], [80]
Pinckney, Charles.
His official life, p. [23]
His age, p. [88]
Why he presented the Observations, p. [135]
His strategic purpose, p. [137]
Why he published the Observations, p. [138], [142]
Desired the supremacy of the national government, p. [181], [279]
He alone formulated a constitution before the convention met, p. [189]
His misplacement of the veto power, p. [183]
The style of the Constitution, p. [243], [245]
His draught the only one, p. [249]
His method of construction, p. [250]
His composite work, p. [250], [251], [252]
His generality of treatment and expression, p. [253]
A condemned and misrepresented man, p. [254]
His training and preparation, p. [261], [264]
What he did and failed to o, p. [261]
His co-operation with Madison, p. [264], [265], [267]
His family, position, etc., p. [278]
His speech of June 25, p. [278]
The extremist federalist in the convention, p. [279]
Pierce's description and estimate of him, p. [281], [284]
The destruction of everything which Pinckney possessed, p. [285]
Pinckney, Charles Cotesworth,
Opposes election by the people, p. [88]
Proposes that no salary be allowed to Senators, p. [176]
Living in 1818, p. [24]
The most esteemed citizen in S. C., p. [88]
Pinckney's Letters
To Secretary of State, p. [8], [12], [26], [27]
Contemporary declaration, p. [10]
Letter to Madison, p. [62]
Pierce, William.
His narrative of a lost paper in the convention, p. [230]
His description of Randolph, King, Hamilton and Pinckney, p. [281]
Preamble of the Constitution.
Suggested by the Articles of Confederation, p. [169].
Derived from Constitution of Massachusetts, p. [169]
Randolph attempted draught of preamble, p. [162]
Wilson attempted draught of preamble, p. [166]
The preamble in the committee's draught, p. [168]
It declared the source and supremacy of authority, p. [213]
Ignored State governments, p. [213]
The preamble unquestioned in the convention, p. [215]
President, The.
See Election of.
Printers—Copy.
Pinckney draught used as printers' copy. p. [188], [208], [237]
Randolph, Edmund.
The Virginia resolutions cited as his, p. [68]
Opens the main business of the convention, p. [130], [136]
His draught of the Constitution, p. [158], [161]
Read, George.
Letter to Dickinson on Pinckney's draught, p. [89]
Ritchie, Thomas.
Madison's letter to, p. [63]
Rutledge, John.
Present in the convention, May 29, p. [135]
Seconds Pinckney motion to strike out the word people and insert Legislatures, p. [95]
Chairman of the Committee of Detail, p. [75]
"Delivers in" the report of the committee, p. [70]
His annotations on the other draughts, p. [162], [164], [182]
He co-operates with Wilson and Randolph, p. [164]
Used Pinckney draught when annotating, p. [182]
His ruthless slashing of Wilson's, p. [161]
His 43 amendments, p. [161], [204]
Strongest man in the State, p. [88]
Secrecy.
The resolution of the convention, p. [228]
Secrecy to continue after the dissolution of the convention, p. [228]
Silence of members from May 29 to September 17, p. [229]
Washington recognition of the obligation, p. [229]
The obligation required that the draught be not lost, p. [232]
Pinckney draught used as printers' copy and scrupulously destroyed, p. [237]
Legal presumption that it was destroyed, p. [237]
Secrecy of Committee of Detail, p. [75], [200], [237]
Senate.
Pinckney's Senate, p. [91], [217]
To appoint ambassadors and judges, p. [102]
South Carolina.
The State postpones action in the convention, p. [175]
South Carolina Gazette.
Draught republished in, p. [274]
Sparks, Jared.
Writes to Madison, p. [42], [43], [144], [146], [147], [149]
Madison to Sparks, p. [35], [42], [43], [110]
His opinion of the draught, [148], [152]
His correct analysis, p. [152]
His most delicate test, p. [153]
Story, Mr. Justice.
Ignores the Draught, p. [6], [8], [12]
"Supreme Law of the Land."
History of the term. p. [179].
The case of Trevatt v. Weeden gives judicial significance to it, p. [182]
Derived from resolution of Congress, p. [251]
Thomson, Doctor William H.
Definition of mystery, p. [4]
Time.
The second condition imposed on the committee, p. [232]
Two of these days were Sundays, p. [233]
Three days required for printing, p. [234]
200 constitutional provisions framed and printed within the limited time, p. [234]
Treason.
The punishment of treason, p. [185]
How defined, etc., in the three draughts, p. [186]
Caution of Rutledge and Pinckney, p. [186]
Their provisions combined in the Constitution, p. [187]
The Treaty Making Power.
Lodged in the Senate exclusively, p. [210]
Not authorized by the convention, p. [211]
Committee of detail followed Pinckney erroneously, p. [211]
Veto Power, The.
Taken from the constitution of New York, p. [47]
Misplaced by Pinckney and by the committee, p. [183], [220]
Correctly placed by Wilson, p. [183]
Washington, General, The.
Madison's letters to, p. [33], [34]
His copy of the committee's draught, p. [74]
Letter to Congress, p. [54]
His illness, and the illness of his mother, p. [128]
His journey to Fredericksburg, p. [128]
His arrival in Philadelphia, p. [129]
President of the convention, p. [129]
Letter to General Knox, p. [128]
Made custodian of the records, p. [228], [239]
His sense of the obligation of secrecy, p. [229]
Extracts from his diary, p. [229]
His admonition to the convention, p. [230]
The convention's daily mark of respect, p. [230]
Extracts from his diary of September 17, p. [239]
Washington, City.
Capture of, [56]
Burning of the Capitol, p. [56]
Wilson, James.
His draughts of the Constitution, p. [158]
Intelligent and wise, p. [159]
Opposed the payment of representatives by the States, p. [175], [176]
His proper treatment of the veto power, p. [183]
His careful and logical work, p. [165], [187]
Alien member of the convention, p. [199]
A judge of the Supreme Court, p. [200]
The hard-worker of the convention, p. [204]
A signer of the Declaration, p. [171]
He first suggests the Electoral Colleges, p. [77]
Yates, Robert.
Entry in his minutes, p. [29], [122]
Report of Pinckney's speech, p. [30]
His age, position and experience, p. [124]
Value of his minutes, p. [125]