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with a bare majority on either side. For these reasons he wished the Convention to adjourn, that the large States might consider the steps proper to be taken, in the present solemn crisis of the business; and that the small States night also deliberate on the means of conciliation.

MR. PATTERSON thought that it was high time for the Convention to adjourn; that the rule of secrecy ought to be rescinded; and that our constituents should be consulted. No conciliation could be admissible on the part of the smaller States, on any other ground than than of an equality of votes in the second branch [the Senate]. If Mr. Randolph would reduce to form his motion for an adjournment sine die, he would second it with all his heart.

MR. RUTLIDGE could see no need of an adjournment because he could see no chance of a compromise. The little States were fixed, . . All that the large States, then, had to do was, to decide whether they would yield or not.-Ib., pp. 358-59.

There is not space for the proceedings in many of the ratifying conventions. But as the form of words was not greatly different, a few cases will illustrate the spirit, and in the main, the form in all.

DELAWARE. We, the Deputies of the People of the Delaware State, in Convention met, having taken into our serious consideration the Federal Constitution, proposed and agreed upon by the Deputies of the United States, in a General Convention, held at the City of Philadelphia, . . . have approved, assented to, ratified, and confirmed, and by these presents do,

for and in behalf of ourselves and our constituents, fully, freely, and entirely approve of, assent to, ratify, and confirm, the said Constitution.-Elliot's Debates, vol. 1, p. 319.

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PENNSYLVANIA. In the name of the people of Pennsylvania. Be it known unto all men that we have assented to and ratified and by these presents do . . in the name and by the authority of the same people, and for ourselves, assent to and ratify the foregoing Constitution for the United States of America. .-Elliot's Debates, vol. I, p. 319.

QUESTIONS.

1. Who was Thomas Paine? 2. What important part did he play in the American revolution? 3. What the style of his writings? 4. Has he had justice done him by American historians? 5. What view does he take of the western lands? 6. When was "Common Sense" written? 7. What relation did he believe the States ought to sustain to each other? 8. What did he desire a continental convention for? 9. Did time prove him right? 10. Was Washington hopeful of the future in 1783? 11. Did he feel any changes were necessary? 12. Compile from all his letters the reasons he considers the Articles of Confederation defective. 13. Was Washington a hopeful man or not? 14. Did he love his State or the Union the more? 15. Did Washington believe that morally the people were improving or not? 16. What do you think of the four things Washington believed to be essential for our prosperity? 17. Why does he talk so much of local prejudices? 18. What is the important point in Washington's philosophy of government? 19. Where was sovereignty located in Washington's view under the Confederacy? 20. In what way was Great Britain getting the better of us? 21. Does Washington get more or less hopeful as the years pass? 22. Had the treaty with England been kept? 23. Name the doctrine set forth in Knox's letter to Washington, quoted in his letter to Madison. 24. In what section did Washington think there was the greatest need of reform? 25. Give reason Washington assigned for attending the Constitutional Convention. 26. What does it show concerning his character? 27. Look up other reasons. 28. When do Washington's fears begin to lessen? 29. Do you find any difference in the tone of the letters of Washington and Jefferson? 30. What kind of powers does the latter wish given to Congress? 31. Name the various changes he would have made in the Articles of Confederation. 32. What proposal does he object to? 33. Was he right or wrong? 34. What power did he propose to place in the hands of the courts? 35. Name the powers he liked in the new constitution. 36. Name those he objected to. 37. Were his objections well founded? 38. Is he or Washington the more constructive? 39. Name the motive which prompted the meeting of the first Continental Congress. 40. How did they vote? 41. What effect later of this action? 42. When did the enforcing power of the Union begin? 43. What kind of a government formed by the Articles of Confederation? 14. Name the proposed amendments to the Articles of Confederation. 45. Would it have been best to have had them adopted? 46. What question directly led to the Constitutional Convention? 47 Name the conventions held. 48. What was the work

of the Annapolis convention? 49. What did it wish the next one to do? 50. What powers had the delegates to the Constitutional Convention? 51. For what purpose did Congress call the convention? 52. Did the convention act within its granted powers? 53. What important changes proposed in Articles of Confederation by Randolph? 54. What change did he make later in the nature of his resolutions? 55. What does the debate in the convention indicate in regard to the nature of the government under the Articles? 56. Under the Constitution? 57. What marked difference between a national and a federal government? 58. Were the members of the convention believers in democracy? 59. Name those friendly to the idea-those opposed. 60. Explain why so many opposed to the idea. 61. What ideas contending for mastery in the convention? 62. Over what question did the convention come nearest breaking up? 63. Form of ratification of constitution. 64. Who adopted the constitution? 65. Write an essay on the defects of the Articles of Confederation. 66. On the political ideas and spirit of Washington and Jefferson; comparisons, 67. On

the growth of the idea of Union. 68. On who stood for the best ideas on the whole in the Constitutional Convention. 69. Were the people then more moral than now? 70. Compare ideas of nationality and localism,

INTERPRETATION OF THE CONSTITUTION;

NATIONALITY

Broad and Strict Construction, 1791. Nation-
ality and States' Rights in Kentucky. Resolu-
tions, 1798; Hartford Convention, 1814; Nullifi-
cation, 1832-33; Secession, 1860-61. Internal
questions, 1789-92. Foreign affairs dominant,
1793-1815. Material interests as bank, tariff,
and internal improvements, 1815-1835. Growth
of democracy, 1820-1860; Slavery important,
1835-45, and dominant, 1845-70. Constitution
tested in purchase of Louisiana, 1803.

CHAPTER V

INTERPRETATION OF THE CONSTITUTION; NATIONALITY

HE Constitution formed in 1787 has been in process of growth ever since through interpretation and construction. Of course, it has also grown by the addition of fifteen amendments. In time these have been contracted or expanded by the meanings which have been attached to them by the various departments of the government. Perhaps the courts, and especially the Supreme Court of the United States, have been the most potent factors in this development, yet it must ever be kept in mind that the political departments of the government, namely, the legislative and the executive, have also to give final decisions in all political questions; and the first interpretation of the Constitution, in law making, in all questions which may become judicial as well.

There is scarcely a clause of the Constitution which has not been subjected to this process. It may, perhaps, be stated without exaggeration that there is not a clause in the Constitution so clear that varying ideas in regard to its meaning have not been set forth at some time by someone. It is also true that the Constitution as a whole had to have an interpretation placed upon it. Before a final decision was given, the court of armies was called in. The most desperate civil war of all history was needed to decide upon the location of sovereignty. Had it not been for the existence of sectional slavery, it is probable that there would never have arisen the necessity for

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