3-10-311

PREFACE

I DESIRE most cordially to acknowledge my obligations to Professor Charles H. Levermore and to Professor Charles F. A. Currier for their assistance in reading the manuscripts or the proofs of this volume, and for suggestions at many points by which I have. been saved from errors such as beset every one who andertakes to write of the life of any people through any considerable period of time, or by which I have been helped to make this narrative more comprehensive and life-like. Neither of these gentlemen, however, can be held responsible for any mistakes which may be found to exist in spite of their friendly revision. All of these are wholly my own. Professor Currier has made up the bibliography, which is appended, with far more knowledge of the historical literature of the period than I could claim to possess.

BOSTON, March 22, 1895.

CONTENTS

CHAPTER I.

THE CONFEDERATION, 1783-87,

Weakness of the Confederation-Reasons for the Lack of an

Adequate Feeling of American Nationality-Geographical

Relations of the Thirteen Colonies-Differences of Race,

Language, and Religion-Danger of Disunion at Close of

Revolution-Principal Points of Weakness in the Con.

federation-Financial Embarrassments Resulting from the

Refusal of States to Comply with the Requisitions of Con-

gress-Revenue System, Proposed in 1783, Fails-Au-

thority of Confederation Defied in Disputes between

States-Decline of Congress in Character and Influence

-Shays's Rebellion in Massachusetts-Failure of Com-

mercial Convention at Annapolis, in 1786-Constitutional

Convention called at Philadelphia, in 1787.

PAGE

1

CHAPTER II.

THE CONSTITUTIONAL CONVENTION OF 1787,

The Convention meets May 14th-Absence of Rhode Island

-Delegates Appointed, 62-Number Attending at any

Time, 55-Number Signing the Constitution, 39-Eminent

Character of the State Delegations-Respective Contribu-

tions of Different Classes of Delegates-The Party of Ob-

struction-The Leading Spirits of the Convention-Doubts

as to a Successful Result-Views Held as to the Relations

between the Confederation and the States-The Three

Dominating Issues of the Convention -A Federal or a Na

tional Government --Equal or Proportional Representation

of the States -Representation on Account of Slaves - Re-

sults on these Issues-The Work of the Committee on

Detail Introduces Three New Issues-Taxation of Exports

21

-The Slave-trade-Two-thirds Vote on Navigation Acts-

Extensive Disaffection of Delegates -Withdrawal of Some

--Adoption of the Constitution-Nine States Sufficient for

Ratification-This Measure Revolutionary-The Whole

Work of the Convention Revolutionary-Called to Amend

the Articles of Confederation, it Throws them Over at the

Beginning — Impossibility of Deriving the Constitution

Legitimately from Either the Confederation or the Revolu-

tionary Congress-The Ordinance of 1787 among the Clos-

ing Acts of the Congress of the Confederation-Importance

of this Measure.

PAGE

CHAPTER III.

THE CONSTITUTION AS SUBMITTED TO THE PEOPLE,

A National Form of Government-Organization of Congress

-Rule as to Suffrage in National Elections: The Cause of

this Found in the Varying Rules of the Several States-

The Powers of Congress-Acts Forbidden to Congress-Acts

Forbidden to the States-Powers and Duties of the Exec-

utive-The Judiciary: Its Jurisdiction-Trials of all

Crimes to be by Jury-Definition of Treason-Relations

between Individual States and between the States and the

United States: Mutual Faith and Credit, the Rule-New

States-The Territories-Guarantee to the States of a Re-

publican Form of Government-Future Amendments to

the Constitution-Integrity of the Financial Obligations of

the Confederation-The Constitution to be the Supreme

Law of the Land-National and State Officers to be Bound

by Oath to Support the Constitution - The Ratification

of Nine States Sufficient to Establish the New Govern-

ment.

41

51

CHAPTER IV.

RATIFICATION AND THE INAUGURATION OF THE GOVERN-

MENT,

Difficulties Attending Ratification-Pennsylvania and the

Smaller States Promptly Accept the Constitution-Grounds

of Opposition in the Larger States-Absence of a Bill of

Rights-"The Federalist"-The Tories Support the Con-