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History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2 With Notices of Its Principle Framers
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History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2 With Notices of Its Principle Framers

by Curtis George Ticknor

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Transcriber's Note:

This is the second volume of a two volume set, begun in History of the Origin, Formation, and Adoption of the Constitution of the United States, Volume I.

The index at the end of this volume, Volume II., includes links to entries for both volumes. An index jump-table has been added for the convenience of the reader.

Multiple-page footnotes, repositioned to the end of the text, have resulted in numbered pages with no contents (visible in html version only).

Remaining transcriber's notes are at the end of the text.

HISTORY

OF THE

ORIGIN, FORMATION, AND ADOPTION

OF THE

CONSTITUTION OF THE UNITED STATES;

WITH

NOTICES OF ITS PRINCIPAL FRAMERS.

BY

GEORGE TICKNOR CURTIS.

IN TWO VOLUMES.

VOLUME II.
NEW YORK:
HARPER AND BROTHERS,
Franklin Square.
1858.
Entered according to Act of Congress, in the year 1858, by
GEORGE T. CURTIS,
in the Clerk's Office of the District Court of the District of Massachusetts.

CONTENTS

OF

VOLUME SECOND.

BOOK IV.

FORMATION OF THE CONSTITUTION.

CHAPTER I.

Preliminary Considerations.—Organization of the Convention.—Position of the States.—Rule of Investigation.

  Page Explanation of the Author's Plan 3, 4 Preservation of Republican Government 5-7 Nature of American Freedom 7-9 Its Dependence upon the Union 9, 10 Intention of the Framers of the Constitution 11 Hamilton's Purposes 11 The Confederation officially condemned 11, 12 Purposes of the States 12 The declared Objects of the Convention 13 Nature of the previous Union 14, 15 General Purpose of the People 16 Powers of the Convention 17 Opposite Views of the Members 18 Presence of Slavery in the States 19, 20 The Slaves in some Form to be considered 20-22 How they were regarded under the Confederation 21 Complex Relations of the Subject 22 All the States but one represented in Convention 23 Absence of Rhode Island 24, 25 Application of the Minority of Rhode Island 25, 26 Position of the States
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in Convention 27, 28 Reserved Authority of the People 28, 29 Present Importance of the Process of forming the Constitution 29 Cautions to be used in Interpretation 30

CHAPTER II.

Construction of a Legislative Power.—Basis of Representation and Rule of Suffrage.—Powers of Legislation.

Randolph's Outline of a Constitution 32 Referred to Committee of the Whole 32 Idea of a National Government 32-35 Rule of Suffrage in the Legislature 35 First Parties in the Convention 36 Representatives in one Branch to be chosen by the People 37 Representation of the People 39-40 States in some way to be represented 40, 41 State Legislatures to choose the Members of the other Branch 41 Ratio of Representation as between the States 42-44 Basis of the Representative System 44-49 Rule of Suffrage in the Senate 48 Consequences of Numerical Representation 49, 50 Powers to be conferred on the Legislature 50 Control of State Legislation 51-55 Population of the States 55

CHAPTER III.

Construction of the Executive and the Judiciary.

Of how many Persons the Executive to consist 56 Negative to be given to the Executive 57 Mode of choosing the Executive 59 Purpose and Necessity of a Judiciary 60 To be made supreme 65 Its Jurisdiction 65 Tenure of the Judicial Office 67 Note on the Judicial Tenure 69
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CHAPTER IV.

Admission of New States.—Guaranty of Republican Government.—Power of Amendment.—Oath to support the New System.—Ratification.

The Union destined to be enlarged 75 Jefferson's Measure for the Admission of New States in 1784 76 Want of Power in the Confederation 77 Power to be supplied in the Constitution 78 Guaranty of State Governments to be provided 79 Necessity and Utility of the Guaranty 80-83 A Mode of Amendment to be provided 84 Oath to support the Constitution 84 Mode of Ratification 84-86 Report of the Committee of the Whole 86

CHAPTER V.

Issue between the Virginia and the New Jersey Plans.—Hamilton's Propositions.—Madison's View of the New Jersey Plan.

General Character of the Virginia Plan 89 Difficulties and Obstacles in its Way 91 The chief Cause of Opposition 92 The counter Plan by the New Jersey Members 92 Referred to a Second Committee of the Whole 92 Argument of Patterson in its Support 93 Hamilton interposes 94 The Nature of the Issue pending 95 Hamilton's Leading Principles 95 He states the Courses open to the Convention 96 Explains the Principles on which Government must be founded 96-98 Objects to the New Jersey Plan 98, 99 Not satisfied with the Virginia Plan 99 His Views of what must be done 99, 100 Introduces his own Plan 101 It must be judged by the Issue pending 101-106 Madison examines the New Jersey Plan 106 Explains its Effect on the smaller States 107 Declares the Representation to be the great Difficulty
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href="@public@vhost@g@gutenberg@html@files@40679@[email protected]#Page_108" class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">108 The States must be represented proportionally 109 The Virginia Plan again adhered to 109 Note on the Opinions of Hamilton 110

CHAPTER VI.

Conflict between the National and Federal Systems.—Division of the Legislature into Two Chambers.—Disagreement of the States on the Nature of Representation in the Two Branches.—Threatened Dissolution of the Union.

Different Magnitudes of the States 116 Inequalities in other Respects 117 The Majority and Minority of States 117, 118 Views of New York 118-121 Luther Martin's Opinions 121 Position of Connecticut 122 Nature of the Question between the Larger and the Smaller States 122-125 Advantages of a National System 127 Difficulties attending it 128 Dangers of adhering inflexibly to Theory 129 Division of the Legislature into Two Chambers 130 Origin of the Division in England 130, 131 Practical Advantages of the Separation 131, 132 Why resisted by the Minority 133 Defect in the Virginia Plan 133 Mode of electing the Members 134 Rule of Suffrage for the House 135 Madison's View of the Interest of the Small States 136 Hamilton on the Consequences of Dissolution 136, 137 Evil Results of a perfect Theory 137 Purpose of a Senate 138 Necessity for a distinct Basis 138-140 Irreconcilable Differences 140 Proposition of Compromise rejected 141 Disagreement on the Senate
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class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">141 Consequences of a Failure to form a Constitution 142-144

CHAPTER VII.

First Grand Compromises of the Constitution.—Population of the States adopted as the Basis of Representation in the House.—Rule for Computing the Slaves.—Equality of Representation of the States adopted for the Senate.

Appointment of a Committee of Compromise 145 Representation adjusted by the Committee 146 Character of the Compromise 147 How treated in the Convention 147, 148 Apportionment of Representatives re-arranged 148, 149 Objections to the Plan 149, 150 Representation of the Slaves 150 Combined Rule of Numbers and Wealth 151 Test Question respecting the Slaves 153 Necessity for their Admission into the Basis of Representation 154-162 The Difficulties only to be adjusted by Compromise 162 Form of the Compromise 163, 164 Equality of Vote adopted for the Senate 165, 166 Value of this Feature of the Constitution 166, 167 Population of the Slaveholding and Non-slaveholding States compared 168

CHAPTER VIII.

Powers of Legislation.—Constitution and Choice of the Executive.—Constitution of the Judiciary.—Admission of New States.—Completion of the Engagements of Congress.—Guaranty of Republican Constitutions.—Oath to Support the Constitution.—Ratification.—Number of Senators.— Qualifications for Office.—Seat of Government.

The General Interests of the Union to be provided for 170 Constitution, Laws, and Treaties to be Supreme 170 Appointment and Powers of the Executive 171 Re-eligibility of the Executive 172, 173 Tenure of the Office 173 Right of Suffrage in Choice of the Executive 174 Appointment by
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Electors 175 Construction of the Judiciary 176 Admission of New States 176 Completion of the Engagements of Congress 176 Guaranty of Republican Governments 177 Future Amendments 177 Oath to Support the Constitution 177 Ratification 177 Objects of a Popular Ratification 177-184 Constitution to be submitted to the Congress 185 Number of Senators 186 Qualifications for Office 186 Property Qualification 187 Seat of the National Government 189 General Pinckney's Notice respecting Slaves and Exports 189 Resolutions sent to Committee of Detail 190

CHAPTER IX.

Report of the Committee of Detail.—Construction of the Legislature.—Time and Place of its Meeting.

Power confided to the Committee of Detail 193 Their Draft of a Constitution 194 Right of Suffrage 194 Foreign-born Inhabitants 195-196 Immigration to be encouraged 197 Qualifications for Voting 198-202 Power of Naturalization 199 Qualifications for Office 203-210 Spirit of the Constitution 211 Ratio of Representation 212-214 Money Bills 215-222 Qualifications of Senators 223, 224 Number of Senators 224-226 Method of Voting in the Senate 226-228 Vacancies in the Senate and House 229 Powers of the Senate
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class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">229-240 Senatorial Term 240-242 Disqualifications of Members of both Branches 242 et seq. Parliamentary Corruption 242-244 Executive Influence 244-256 Time and Place for Elections 257 Pay of Members 258, 259 Impeachments 260-262 Quorum of each House 262 Separate Powers of each House 262-263 President of the Senate 263 Enactment of Laws 264 President's Negative 265-268 Seat of Government 268-277 Session of Congress 277, 278

CHAPTER X.

Report of the Committee of Detail, continued.— The Powers of Congress.—The Grand Compromises of the Constitution respecting Commerce, Exports, and the Slave-Trade.