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notes, ibid., X., 97-109; Pierce's notes, ibid., III., 310-334. The bibliography of the letters written by the leaders of the Philadelphia convention appears in J. Franklin Jameson, “Studies in the History of the Federal Convention of 1787" (American Historical Association, Annual Report, 1902, I.), which also contains very important treatment of the convention. Of service to the investigator is William M. Meigs, Growth of the Constitution in the Federal Convention of 1787 (1900). Luther Martin's “Letter,” or “Genuine Information,” is in Elliot, Debates, I., 344-389. On “the law of the land ” and powers of the judiciary, see Brinton Coxe, Essay on Judicial Power, etc. (1893); William M. Meigs, “The Relation of the Judiciary to the Constitution" (American Law Review, 1885, 175-203); J. B. Thayer, Cases, I., 48-94; Austin Scott, “Holmes vs. Walton: the New Jersey Precedent” (American Historical Review, IV., 456– 469). For Pinckney's plan, see ibid., IX., 735–747; also American Historical Association, Annual Report, 1902, I., 111-132. On the compromises, see Max Farrand, “Compromises of the Constitution” (American Historical Review, IX., 479-489).

THE ADOPTION OF THE CONSTITUTION

For bibliography, see Paul L. Ford, Bibliography and Reference List, mentioned above; and J. Franklin Jameson, in American Historical Association, Annual Report, 1902, I. The most essential material is included in Jonathan Elliot, Debates, II., III., IV. Ample treatment in George Bancroft, History of the Constitution, II., and G. T. Curtis, History of the Constitution, II. A few works treating the subject monographically or containing special collections of sources are indispensable, notably J. B. McMaster and F. D. Stone, Pennsylvania and the Federal Constitution, 1787-1788 (1888); Samuel B. Harding, The Contest Over the Ratification of the Federal Constitution in the State of Massachusetts (Harvard Historical Studies, 1896), a thoroughly satisfactory monograph with a good bibliography; Orin G. Libby, The Geographical Distribution of the Vote of the Thirteen States on the Federal Constitution, 1787– 1788 (University of Wisconsin, Bulletin, Economics, Political Science, and History Series, I., No. 1, 1894), containing a good bibliography. Use can be made of Debates and Proceedings in the Convention of the Commonwealth of Massachusetts 1788 (1856); Joseph B. Walker, A History of the New Hampshire Convention ... 1788 (1888); Belknap Papers (Massachusetts Historical Society, Collections, 5th series, vols. II. and III.; 6th series, vol. IV.); Debates and other Proceedings of the Convention of Virginia (2d ed., 1805); “Letters on ... the Federal Constitution in Virginia" (Massachusetts Historical Society, Proceedings, 2d series, 1903).

The most important material showing the differences of opinion concerning the Constitution is to be found in Paul L. Ford, Essays on the Constitution of the United States, Published during its Discussion by the People, 1787-1788 (1892); Paul L. Ford, Pamphlets on the Constitution of the United States, Published during its Discussion by the People, 1787–1788 (1888). Twenty-two of these essays and pamphlets appear in E. H. Scott, The Federalist and Other Constitutional Papers (2 vols., 1894). For a discussion of the movement for a second convention, see the essay by E. P. Smith, in Essays in the Constitutional History of the United States in the Formative Period, 1775-1789, edited by J. F. Jameson (1889), which contains a number of other essays helpful on this period.

There are several editions of The Federalist besides those contained in the collections of Hamilton's writings; the best edited by P. L. Ford (1898); a good one edited by H. B. Dawson (1863); another edited by E. G. Bourne (1901); another edited by E. H. Scott (1894). The authorship of the disputed numbers of The Federalist is discussed by E. G. Bourne and P. L. Ford in the American Historical Review, II., 443-460, 675-687. Important for studying the origin of the Constitution are James H. Robinson, “The Original and Derived Features of the Constitution" (American Academy of Political and Social Science, Annals, I., 203– 243); Alexander Johnston, "The First Century of the Constitution” (New Princeton Review, IV., 175-190); W. C. Morey, “The Genesis of a Written Constitution” (American Academy of Political and Social Science, Annals, I., 529557); Charles E. Stevens, Sources of the Constitution of the United States Considered in Relation to Colonial and English History (1894).

THE CHARACTER OF THE CONSTITUTION

The books and articles on this subject are legion. Attention may be called especially to the able treatment in J. I. C. Hare, American Constitutional Law (2 vols., 1889), the earlier chapters; Roger Foster, Commentaries on the Constitution of the United States (1 vol. published, 1895-). Joseph Story, Commentaries on the Constitution (Cooley's or Bigelow's ed., 1873 or 1891, 2 vols.). For the statesovereignty interpretation, the best treatments are Alexander H. Stephens, A Constitutional View of the Late War between the States (2 vols., 1868-1870); John R. Tucker, The Constitution of the United States (2 vols., 1899). The contemporary notion of the Constitution as a compact analogous to the social compact is given in A. C. McLaughlin, “Social Compact and Constitutional Construction" (American Historical Review, V., 467-490).

INDEX

294

ABDRAHAMAN, Tripolitan am- Barbary States, depredations,
bassador, 106, 107.

90; demands, 106.
Adams, John, peace commis- Barrell, Nathaniel, Federalist,

sioner, 6; in Holland, 7; ne-
gotiations, 24-29; on Jay, Bedford, Gunning, of small-
31; minister to England, state party, 209, 230, 238;
102-105; and Tripolitan am- on grand committee, 234.
bassador, 106.

Belknap, Jeremiah, on finan-
Adams, Samuel, and Constitu. cial crisis, 82.
tion, 279, 293:

Bibliographies of period 1781-
Amendment, of Confederation, 1788,318; of adoption of Con-

attempts at, 53-55, 79, 82-86, stitution, 318, 334.
171-173, 175; of Constitu- Bill of rights, in Ordinance
tion recommended, 295, 304, of 1787, 121; demand for,
311.

in Constitution, 283, 288,
Ames, Fisher, Federalist, 291. 305.
Annapolis convention, genesis, Biographies of period 1781-

179-181; call, 181; meeting, 1788, 320-322.
182.

Boone, Daniel, in Kentueky,
Anti-Federalists, location, 281, 131, 132.
289,299, 305; in Virginia, 298. Boonesborough, settled, 132.

Boundaries, peace negotiations,
Armstrong, John, Newburg ad-

II, 24, 27-29; French atti-
dress, 65.

tude, 14; West Florida, 27,
Army, American, discontent in,

29, 91, 92.
59; half-pay, 59; address to Bowdoin, James, and Shays's
Congress, 60; agitation, 60- rebellion, 161-164; defeated
68; and Union, 62; Newburg for re-election, 164; Federal-
address and Washington, 63-
67; pay for officers, 67; Cin- Brearley, David, of small-state
cinnati, 67; mutiny, 68; land party, 216.
bounties, 113; bibliography, Butler, Pierce, in Federal con-
326.

vention, 190, 255.
BALDWIN, ABRAHAM, vote on CANADA, Franklin desires, II.

representation, 233; on grand Chase, Samuel, Anti-Federal.
committee, 235.

ist, 291,

ist, 295

no

Cincinnati, Society, 67; oppo- posed amendments, 332. See
sition, 289.

also Commerce, Finances,
Clinton, George, and confeder- Foreign affairs.

ate impost, 83; Anti - Fed-Congress, Federal, Virginia plan
eralist, 280, 305, 308.

of, 192; proportional repre-
Coercive power, needed by sentation, 197–199, 207-211;
Confederation, 169, 170, 175,

227-239; bicameral, 199, 226;
177, 178; proposed, 171;

election for House, 199, 204;
Madison's suggestions, 178;

origin of legislation, 201; pow-
in Virginia plan, 194; de- ers, 201, 253; veto on state
bated in convention, 202; laws, 202, 205–207, 246; elec-
in New Jersey plan, 214, 217,

tion for Senate, 205; commer-
224; and direct legislation, cial powers, 261–265. See also
245; and supremacy of Con- Continental Congress.
stitution, 248; of law or Connecticut, cedes western
arms, 315.

claim, 110,

112; Western
Commerce, travel in 1783, 45;

Reserve,
112;

paper
confederate regulation, 50, money, 143; ratification con-
84-86, 173, 180; effect of vention, 286.
Revolution, 71-75; growth Connecticut compromise, 225,
under navigation acts, 73;

226, 229.
English post-Revolutionary Constitution, Federal, doctrine
regulations, 74, 84, 105;

of judicial interpretation,
rigidity, 74; new European 152; greatness, 272; genesis,
and Oriental, 76, 90; condi- 273-276; character, 301, 314,
tions in 1786, 27; conflicting 315; bibliography of charac.
state regulations, 86, 173;

ter, 336. See also Federal
treaties, 90; proposed Span-

convention, Ratification.
ish treaty, 97; federal powers, Constitutions, state, 42,47; con-
261; bibliography, 327.

trol over legislation, 152, 250.
Concord, Mass., court attacked, Continental Congress, instruc-
160, 162.

tions to peace commission-
Confederation, Articles in force, ers, 10, 16, 17; as central

47;, powers, 47-50, 53; why government, 47; and army,
inadequate, 49; division of 67; and the mutiny,, 68;
powers, 49, 176, 178; im- meets at Princeton, 68; help-
potency, 50, 86, 165, 173; lessness, 68. See also con-
executive, 51, 52; attempts

federation.
to amend Articles, 53-55, 79, Convention, discovery of con-
82-86, 171-173, 175; and stituent, 42. See also Fed.
Shays's rebellion, 165; need

eral convention.
of coercive power, 169, 170, Corbin, Francis, Federalist, 302.
175, 177; convention to re- Courts, agitation against, 157;
vise proposed, 170, 172; ob- attacked in Massachusetts,
servance of treaties, 174; Con- 160-162. See also Judiciary.
gress calls convention, 183; Cutler, Manasseh, in Ohio com.
Congress and draft of Con-

pany, 119; agent before Con.
stitution, 277; bibliography, gress, 120, 126; and author-
318-324; bibliography of pro- ship of Ordinance, 124.

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