Taxation and representation

Slaves to be counted as three fifths in representation

Morris fears injury to commerce from the influence of western states

Representation in the second branch proportioned to numbers
Effect of the decision on the political power of the South
The senate to vote by states

CHAPTER V.

THE OUTLINE OF THE CONSTITUTION COMPLETED AND referred.

From the Seventeenth to the Twenty-seventh of July 1787.

The distribution of powers between the general government and the states

Relation of federal legislation to that of the states

Property qualification as a condition of holding office

Qualification of the electors left to the states

270

. 270

Extent of the jurisdiction of federal tribunals

How the new constitution was to be ratified.

. 271

272

272

. 273

Committee of five ordered to report the resolutions of the convention in the

277

Monroe's journey to the West

Report of a grand committee on the western territory

Monroe's plan for a north-western ordinance.

Monroe and restrictions on slavery

Certain waters and carrying places declared free.

The proposed five states in the North-west

Jealousy of the western states. Kaskaskias

Urgent need of a territorial government. Progress of the bill

Rufus Putnam's plan for colonizing the West. His appeal to Washington

Parsons visits the West

Congress quiets the Indian title to a great part of Ohio.

. 277

. 278

. 279

. 279

The Connecticut reserve. 279

. 280

. 280

. 281

. 282

283

283

Parsons presents its memorial to congress. Effect of the memorial

Ordinance for governing the territory of the United States. Its clauses

Clause on contracts

. 287

. 288

Grayson and slavery. Nathan Dane and King

. 289

History of the clause against slavery

Virginia accepts the ordinance with its exclusion of slavery

The rights of the free negro in New York and Virginia

CHAPTER VII.

THE CONSTITUTION IN DETAIL. THE POWERS OF CONGRESS.

PAGE

289

. 291

291

From the Sixth of August to the Tenth of September 1787.

Report of the committee of detail.

292

The constitution a government by the people

. 292

Membership of a colony defined. Who are the people of the United States?. 293

The new government a unity in plurality. The tripartite division of powers. 293

Election of the members of congress

294

Continuous succession of the government provided for .

. 294

The new government to be supported from the common treasury

294

Number of representatives

294

Qualifications of membership. Discrimination against the foreign-born

Relation of the slave-trade to representation. Of slavery

. 299

Why slaves should not be represented .

299

The question adjourned. Powers granted to the new government.

Power to emit paper money discussed by Hamilton

. 301

. 301

By Gouverneur Morris.

. 302

By Mason, Gorham, Mercer, Ellsworth, Randolph, Wilson, and Langdon

Madison's vote decides that the power shall not be granted

Power of the states to emit paper money

The power absolutely prohibited .

Power left to the states to interfere with contracts

But not to interfere ex post facto. The term ex post facto defined

Power of the congress to encourage manufactures by impost duties

Shall states or the United States encourage manufactures?

Power confined to the United States

States not to treat with foreign powers or other states

Slaves and representation

. 308

. 308

Who are citizens? Fugitives from justice. Fugitive slaves

. 309

CHAPTER VIII.

THE CONSTITUTION IN DETAIL. THE POWERS OF CONGRESS, CONTINUed.

From the Middle to the End of August 1787.

The assumption of the state debts. Jurisdiction over crimes

Power of declaring war. General propositions of Madison. The army

. 311

. 311

. 312

Exports exempted from taxation. Debate on continuing the slave-trade
South Carolina and Georgia threaten to secede

North Carolina will join South Carolina and Georgia on the question
The question committed

The questions of the slave-trade and of a navigation act committed
The compromise of the committee. Final shape of the compromise
Slave-trade abolished after twenty years. Doom of slave-holding.
Why the British failed in retaining the South

How slaves may emerge into the human character

Grant of power to regulate commerce

The admission of new states within the limits of the United States

The admission of new states from abroad permitted

Special provision for the admission of Vermont

313

. 314

. 314

. 314

. 315

. 316

. 318

. 318

. 319

. 319

Powers of congress over the territory and other property of the United

States

The choice of the president a difficult problem. How shall he be chosen? . 326

Shall he be re-eligible?

The tenure of good behavior considered

The tenure for seven years with perpetual re-eligibility

Choice by the national legislature and re-eligibility incompatible

The choice of the president by the aggregate people rejected

The choice by an electoral college. Objections started against it

A triple executive proposed .

Relation of re-eligibility of the executive to the length of the period of office 330

Madison likes best the election by the qualified part of the people at large 330

The smaller states would have each one vote for two candidates

The convention votes for a single executive, to be chosen by the legislature

The decision not accepted as final. Report of the committee of detail.

Antagonism of the smaller and the large states

The president to be voted for in the electoral colleges of the states

335

The choice of the president by the vote of the states negatived
Subject referred to a committee of eleven

And the vote to be counted by the senate

The plan of leaving so much power to the senate objected to

Speech of Wilson.

Of Hamilton. How the votes were to be counted.

PAGE

. 335

. 336

. 337

The mode of counting in Massachusetts preferred to that of Virginia
A summary statement of the method adopted

Election of the vice-president

Title of the president. The veto power. Power of pardon.
The president commander-in-chief

Restraints proposed on the executive power. A privy council proposed
The plan for a council rejected. Relation of the president and the senate
Power of war and peace. Over intercourse with foreign states
Power of appointment. Power of removal .

Qualifications of the president. Impeachment of the president
State of the president while on trial. Judgment in case of impeachment

CHAPTER X.

THE FEDERAL JUDICIARY.

August and September 1787.

Proposals of Pinckney.

Report on the federal judiciary. The judiciary and the veto power

. 348

Organization of federal courts

. 348

Judges not removable by address. Extent of the judicial power

The judiciary and unconstitutional laws

. 349

. 350

Senate to try impeachments. To cases beginning and ending in a state

The original jurisdiction of the supreme court. Its appellate powers

Method of choosing it. The supreme court and legislative encroachments. 352

Protection against erroneous judgments

. 350

By the court. By congress. By the good sense of the land.

Methods of consolidating the union. Of bankruptcies. Of money bills

Number of the house of representatives

How the constitution was to be ratified

Randolph and Franklin for another federal convention.

CHAPTER XI.

THE LAST DAYS OF THE CONVENTION.

From the Twelfth to the Seventeenth of September 1787.

Final draft of the constitution

357

The constitution the institution of a government by the people

Why the names of the thirteen states were left out of the first clause

Federal and national. The veto of the president. Of juries

Motion for a bill of rights defeated. No title for the president

Of encouraging American manufactures. Servitude and service

How to introduce the constitution. The keeper of the purse

Power to cut canals negatived

Of a university. No state to trespass on the rights of another state

The obligation of contracts

The distribution of representation

PAGE

. 361

361

. 362

Appeals of Morris and Hamilton to every one to sign the constitution.

Three refuse

The constitution signed by every state. Prophecy of Franklin

The meditations of Washington

. 366

.

. 366

. 367

. 367

IV.-THE PEOPLE OF THE STATES IN JUDGMENT ON THE CONSTITU-

TION. 1787-1788.

CHAPTER I.

THE CONSTITUTION IN CONGRESS AND IN VIRGINIA.

September to November 1787.

The constitution received in congress. Opposed in congress

Amendments desired by Lee.

Is supported by New York. Propositions of New Jersey

Congress against Lee

A compromise agreed upon. Perseverance of Lee

Efforts of Washington in Virginia

. 371

. 372

. 373

. 373

. 374

. 375

But amendments may be proposed in the state convention

Plan for a second federal convention

THE CONSTITUTION IN PENNSYLVANIA, DELAWARE, AND NEW JERSEY; AND