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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., 456469). 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;

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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., 529– 557); 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

ABDRAHAMAN, Tripolitan am- | Barbary States, depredations,
bassador, 106, 107.
90; demands, 106.

294.

Bedford, Gunning, of small-

Adams, John, peace commis- Barrell, Nathaniel, Federalist,
sioner, 6; in Holland, 7; ne-
gotiations, 24-29; on Jay,
31; minister to England,
102-105; and Tripolitan am-
bassador, 106.
Adams, Samuel, and Constitu-

tion, 279, 293.
Amendment, of Confederation,
attempts at, 53-55, 79, 82-86,
171-173, 175; of Constitu-
tion recommended, 295, 304,
311.

Ames, Fisher, Federalist, 291.
Annapolis convention, genesis,
179-181; call, 181; meeting,
182.

Anti-Federalists, location, 281,
289, 299, 305; in Virginia, 298.
Armed Neutrality, 9.
Armstrong, John, Newburg ad-
dress, 65.

Army, American, discontent in,
59; half-pay, 59; address to
Congress, 60; agitation, 60-
68; and Union, 62; Newburg
address and Washington, 63-
67; pay for officers, 67; Cin-
cinnati, 67; mutiny, 68; land
bounties, 113; bibliography,
326.

BALDWIN, ABRAHAM, vote on
representation, 233; on grand
committee, 235.

state party, 209, 230, 238;
on grand committee, 234.
Belknap, Jeremiah, on finan-
cial crisis, 82.

Bibliographies of period 1781-
1788, 318; of adoption of Con-
stitution, 318, 334.
Bill of rights, in Ordinance
of 1787, 121; demand for,
in Constitution, 283, 288,
305.
Biographies of period 1781-
1788, 320-322.
Boone, Daniel, in Kentucky,
131, 132.

Boonesborough, settled, 132.
Boundaries, peace negotiations,
II, 24, 27-29; French atti-
tude, 14; West Florida, 27,
29, 91, 92.

Bowdoin, James, and Shays's
rebellion, 161-164; defeated
for re-election, 164; Federal-
ist, 291.

Brearley, David, of small-state
party, 216.

Butler, Pierce, in Federal con-
vention, 190, 255.

CANADA, Franklin desires, 11.
Chase, Samuel, Anti-Federal-
ist, 295.

Cincinnati, Society, 67; oppo-

sition, 289.
Clinton, George, and confeder-
ate impost, 83; Anti-Fed-
eralist, 280, 305, 308.
Coercive power, needed by
Confederation, 169, 170, 175,
177, 178; proposed, 171;
Madison's suggestions, 178;
in Virginia plan, 194; de-
bated in convention, 202;
in New Jersey plan, 214, 217,
224; and direct legislation,
245; and supremacy of Con-
stitution, 248; of law or
arms, 315.
Commerce, travel in 1783, 45;
confederate regulation, 50,
84-86, 173, 180; effect of
Revolution, 71-75; growth
under navigation acts, 73;
English post-Revolutionary
regulations, 74, 84,

105;

rigidity, 74; new European
and Oriental, 76, 90; condi-
tions in 1786, 77; conflicting
state regulations, 86, 173;
treaties, 90; proposed Span-
ish treaty, 97; federal powers,
261; bibliography, 327.
Concord, Mass., court attacked,
160, 162.
Confederation, Articles in force,
47; powers, 47-50, 53; why
inadequate, 49; division of
powers, 49, 176, 178; im-
potency, 50, 86, 165, 173;
executive, 51, 52; attempts
to amend Articles, 53-55, 79,
82-86, 171-173, 175; and
Shays's rebellion, 165; need
of coercive power, 169, 170,
175, 177; convention to re-
vise proposed, 170, 172; ob-
servance of treaties, 174; Con-
gress calls convention, 183;
Congress and draft of Con-
stitution, 277; bibliography,
318-324; bibliography of pro-

posed amendments, 332. See
also Commerce, Finances,
Foreign_affairs.

Congress, Federal, Virginia plan
of, 192; proportional repre-
sentation, 197-199, 207-211,
227-239; bicameral, 199, 226;
election for House, 199, 204;
origin of legislation, 201; pow-
ers, 201, 253; veto on state
laws, 202, 205-207, 246; elec-
tion for Senate, 205; commer-
cial powers, 261–265. See also
Continental Congress.
Connecticut,

cedes western
claim, 110, 112; Western
Reserve, II2; no paper
money, 143; ratification con-
vention, 286.

Connecticut compromise, 225,
226, 229.
Constitution, Federal, doctrine
of judicial interpretation,
152; greatness, 272; genesis,
273-276; character, 301, 314,
315; bibliography of charac-
ter, 336. See also Federal
convention, Ratification.
Constitutions, state, 42, 47; con-
trol over legislation, 152, 250.
Continental Congress, instruc-
tions to peace commission-
ers, 10, 16, 17; as central
government, 47; and army,
67; and the mutiny, 68;
meets at Princeton, 68; help-
lessness, 68. See also Con-
federation.

Convention, discovery of con-
stituent, 42. See also Fed-

eral convention.

Corbin, Francis, Federalist, 302.
Courts, agitation against, 157;

attacked in Massachusetts,
160-162. See also Judiciary.
Cutler, Manasseh, in Ohio com-
pany, 119; agent before Con-
gress, 120, 126; and author-
ship of Ordinance, 124.

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