of property, but through the confiscation of loyalists' estates the distribution of property was changed; and the committees of correspondence gave thousands of poor men a taste of power (p. 215).1 Chattel slavery was abolished in some of the northern states, relics of feudalism such as titles of nobility, quitrents, entails, primogeniture, tithes, and game laws were swept away (pp. 173-4, 226) in the proprietary colonies and the south. Virginia's Statute of Religious Liberty (p. 206), like Virginia's Bill of Rights, was a milestone of freedom. Post-war economic depression 2 widened the class and sectional divisions which the war had partially concealed. Farmers of the interior, finding themselves in debt to the merchants, demanded cheap money. Rhode Island yielded, with disastrous results; but in Massachusetts, where the distress was greater (pp. 208-10, 222), the merchants controlled the state senate, and were thus able to resist. In 1786 unlawful assemblies in the interior counties began to break up sittings of the courts, in order to prevent distraint for debts or taxes; and the people held county conventions (p. 210) to present their demands. Loyal militia put down the armed bands of Dan Shays, but not before thinking men throughout the country had been alarmed by the prospect of anarchy, or a second revolution (pp. 214-18, 221-3). The reports of the French chargé d'affaires (pp. 21925), a keen observer who later played a leading rôle in French diplomacy, give an accurate picture of the events and the atmosphere out of which came the Federal Convention of 1787.

The Federal Convention was an assembly of notables, uniting the best intellects from the conservative groups, north and south. Their grasp of political theory and the realities of government is illustrated by the selections here printed (pp. 233 ff.) from Madison's and Yates's notes of the debates.

1 Cf. Callender, 168–74.

2 Callender, chapter v.

The Convention1 had been authorized only to prepare amendments to the Articles of Confederation. Delegates from the larger states, who had most reason to be dissatisfied with the Confederation, introduced on the 29 May, the opening day of debate, the Randolph or Virginia Resolutions (p. 235), a plan for a new, and national government. For two weeks this plan was debated, and a national constitution was in process of formation, when the delegates of the smaller states (New York, New Jersey, Maryland, Connecticut, Delaware) countered with the New Jersey Plan (p. 251), a mere revamped Confederation. The small states did not object to nationalism as such; indeed, their plan contained one of the strongest clauses in the Constitution (Art. VI, § 2); but they did object to losing the equality of representation they enjoyed in the Confederation. After Alexander Hamilton had communicated his nationalist ideas (p. 254), some important decentralizing amendments were made in the Virginia plan, and again it became the basis of discussion. Questions of detail frequently brought on a debate on fundamental principles, and the future development of America was prophesied (pp. 263-5). A deadlock between the large and the small states was broken on 16 July by the 'great compromise '-equal representation in the Senate, representation determined by the federal ratio' (Art. II, s. II, § 3) in the House (cf. pp. 266-74). From 6 August to 10 September the Convention debated, clause by clause, a draft based upon the amended Virginia plan, submitted by the committee on detail. During this period the members were inclined to consider each question impartially, on its merits (pp. 27481); but on questions involving local or economic interests they divided sectionally, the southern states and planting interest against the northern states and commercial interest (pp. 282-92). The resulting constitution (pp. 292-307), the result of compromise, was in Madison's phrase 'partly

1 Max Farrand, Framing of Constitution (Yale Univ. Press, 1913).

federa

national, partly national'. It was called the Federal rather than the National Constitution in order to disarm state prejudice against a 'consolidated' government.

The process of ratification in the state conventions was long, and doubtful to the last.1 In no state was the contest more severe, and the discussion more able than in Virginia, where political speculation was the chief intellectual occupation of the gentry. Patrick Henry presented the anti federalist and state rights view, so cleverly appealing to popular prejudice that the federalists were placed on the defensive (pp. 317-21, 332). Madison's Speech of 6 June is one of the best brief statements of the nature of the Federal Union (p. 332). The speech of John Marshall, the future Chief Justice (p. 340), foretold the part of the Supreme Court in constitutional history. Finally, the contest resolved itself into the question whether Virginia would ratify with express reservations; or unconditionally, with recommendation that a bill of rights be shortly added by amendment (p. 352). Although Patrick Henry invoked the spectre of slave emancipation (p. 353), in order to defeat ratification, he greatly contributed, with other anti-federalists, to the success of the Constitution by loyally accepting the majority decision (p. 361).

Virginia was the tenth state to ratify; New York shortly followed; but North Carolina and Rhode Island only joined the Union after Washington's inauguration (30 April 1789) as first President of the United States of America. Within three years a Federal Bill of Rights (pp. 363-4) was adopted by constitutional amendment.

1 Summary in A. J. Beveridge, John Marshall (Houghton, Mifflin, 1916), i.

SOURCES AND DOCUMENTS

FROM THE ROYAL PROCLAMATION ON NORTH AMERICA,1 7 OCTOBER 1763

BY THE KING. A PROCLAMATION. GEORGE, R.

WHEREAS we have taken into our royal consideration the extensive and valuable acquisitions in America secured to our Crown by the late definitive treaty of peace concluded at Paris the 10th day of February last; and being desirous that all our loving subjects, as well of our kingdoms as of our colonies in. America, may avail themselves, with all convenient speed, of the great benefits and advantages which must accrue therefrom to their commerce, manufactures, and navigation; we have thought fit, with the advice of our Privy Council, to issue this our Royal Proclamation, hereby to publish and declare to all our loving subjects that we have, with the advice of our said Privy Council, granted our letters patent under our Great Seal of Great Britain, to erect within the countries and islands ceded and confirmed to us by the said treaty, four distinct and separate governments, styled and called by the names of Quebec, East Florida, West Florida, and Grenada, and limited and bounded as follows, viz. :

First, the Government of Quebec, bounded on the Labrador coast by the river St. John, and from thence by a line drawn from the head of that river, through the lake St. John, to the south end of the lake Nipissim; from whence the said line, crossing the river St. Lawrence and the lake Champlain in 45 degrees of north latitude, passes along the high lands which divide the rivers that empty themselves into the said river St. Lawrence from those which fall into the sea; ...

Secondly, the Government of East Florida, bounded to the westward by the gulf of Mexico and the Apalachicola river; to the northward, by a line drawn from that part of the said river where the Chatahoochee and Flint rivers meet, to the

› Annual Register for 1763, pp. 208–13. Also printed in full, from the manuscript, in Shortt and Doughty, Documents relating to Constitutional History of Canada, pp. 119-23.